02-12-01 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
February 12, 2001
CALL TO ORDER
The meeting was called to order by Mayor Kirsch at 7:00 p.m.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Kirsch led the audience in the Pledge of Allegiance.
ROLL CALL
Members Present:Martin Kirsch, Mayor; Susan Rosenberg; John Enger; Sue Sandahl;
and Gertrude Ulrich.
Staff Present:Samantha Orduno, City Manager; Steven Devich, Administrative
Services Director; Mike Eastling, Public Works Director; Dan Scott,
Public Safety Director; Bruce Palmborg, Community Development
Director; Jim Topitzhofer, Recreation Services Director; Cheryl
Krumholz, Recording Secretary; and Corrine Thomson, City
Attorney.
APPROVAL OF MINUTES
M/Sandahl, S/Rosenberg to approve the minutes of the (1) Special City Council
Meeting of January 22, 2001; (2) Regular Council Meeting of January 22, 2001; (3) Special
City Council Meeting of January 24, 2001; (4) Special City Council Meeting of January 27,
2001; and (5) Special City Council Meeting of January 27, 2001.
Council Meeting Minutes-2-February 12, 2001
Council Member Enger stated there should be a better recording of minutes
because they were incomplete in some cases.
City Manager Orduno stated that the minutes are recorded as a summary of the
meeting as directed by City Council some time ago.
Council Member Enger asked that the recording of summary or descriptive minutes
be discussed at a future Study Session.
The City Council agreed to the discussion.
Motion carried 5-0.
Item #1PRESENTATION OF CERTIFICATE OF ACHIEVEMENT FOR FINANCIAL
REPORTING TO FINANCE MANAGER CHRIS REGIS
Mayor Kirsch presented a Certificate of Achievement for Financial Reporting to
Finance Manager Chris Regis.
Item #2COUNCIL DISCUSSION ITEMS
Council Member Rosenberg stated that she received several shocking telephone
voice mail messages on February 2 and 3 from individuals identified as CARE Team
members or who had received a CARE Team mailing. She was appalled, saddened and
ashamed at the language and the depths that people would go when there is
disagreement on a topic.
Mayor Kirsch stated that the City Council was elected by the residents and this type
of abuse was unacceptable.
Mayor Kirsch encouraged residents to read the recently mailed February Your City.
Item #3OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS
NOT ON THE AGENDA
Robert Hall, 7309 Oliver Avenue, stated he was not a CARE Team member. He
discussed property tax details related to the Best Buy project, the school district and
Richfield property owners over 25 years. He also discussed school district losses due to
student losses.
Council Meeting Minutes-3-February 12, 2001
Nancy Rowley, 7520 Blaisdell Avenue, Richfield School Board Representative,
reviewed school funding requirements. She also stated, related to property tax, the Best
Buy project or any other project is revenue neutral to the school district. She stated that
the school district revenues are based on enrollment, not property taxes.
Mayor Kirsch stated that the school board issued a position statement that supports
the Best Buy project and it should be entered into the record (Clerk’s File No. C-369).
At Mayor Kirsch’s request, City Manager Orduno explained the payment of taxes by
Best Buy.
Dick Ziemer, 6400 Vincent Avenue, CARE Team Member, apologized on behalf of
the CARE Team and said they do not condone that type of behavior. They are a group
interested in making Richfield a better place to live. He spoke about property tax
distribution by the county to the school district as stated to him by the County Tax
Information Center. He said there were a lot of misconception on how funds are
distributed to the school district.
Peggy Handt, 7545 Colfax Avenue, one of the five members of the Petition
Sponsoring Committee and a CARE Team Member, apologized for the calls that Council
Member Rosenberg received. She discussed the misconceptions regarding Walser’s
sponsoring the petitions and their involvement toward working for a common goal.
Item #4 COUNCIL APPROVAL OF AGENDA
M/Sandahl, S/Rosenberg to approve the agenda.
Motion carried 5-0.
Item #5 CONSENT CALENDAR
A.Approved first reading of transitory ordinance providing for expenditure of funds from
Special Revenue Fund for certain capital improvements and scheduling public
hearing and second reading for March 12, 2001 S.R. No. 33
B.Approved first reading of ordinance amendment to Section 315 allowing timely
disposal of forfeited property acquired by City pursuant to civil and criminal forfeiture
proceedings under State law and scheduling public hearing and second reading for
March 12, 2001 S.R. No. 34
C.Approved continuation of contract with City of Bloomington for various building
inspections and code enforcement services for Richfield for 2001 and 2002 S.R. No.
35
Council Meeting Minutes-4-February 12, 2001
D.Approved purchase of four new sedans for use by Public Safety administrative staff
in amount of $70,026.40 S.R. No. 36
E.Approved resolution authorizing Richfield’s application for 2001 Municipal Recycling
Grant from Hennepin County and signing of 2001 recycling contract S.R. No. 37
RESOLUTION NO. 9006
RESOLUTION AUTHORIZING SUBMITTAL OF THE MUNICIPAL GRANT APPLICATION
FOR 2001 HENNEPIN COUNTY RESIDENTIAL RECYCLING PROGRAM AND THE
SIGNING OF THE 2001 MUNICIPAL RECYCLING PROGRAM CONTRACT.
This resolution appears as Resolution No. 9006 in Resolution Book No. 72.
F.Removed from the consent calendar and placed on the regular agenda for
consideration as Item 17A.
G.Approved agreement with Richfield State Agency to maintain 67th Street between
Pleasant and Harriet Avenues and with The Oaks L.L.C. to provide utility services at
66th Street and Pleasant Avenue S.R. No. 39
Council Member Enger asked to have 5F removed from the Consent Calendar and
moved to the regular agenda.
Mayor Kirsch stated that Item 5F has been removed from the Consent Calendar and
placed on the regular agenda as Item 17A.
M/Rosenberg, S/Ulrich to approve the consent calendar as amended.
Motion carried 5-0.
Item #6RECEIPT OF CITY CLERK’S CERTIFICATION OF REFERENDUM AND
INITIATIVE PETITIONS SUBMITTED JANUARY 19, 2001 BY
SPONSORING COMMITTEE OF DEWAYNE SIETSEMA, DEB
NORDMARKEN, PEGGY HANDT, MYRLE RICHTER AND JOSEPH
KRZYZANIAKS.R. NO.’S 40 & 41
Administrative Services Director/Acting City Clerk Devich reviewed Staff Report No.
40 regarding certification of two referendum petitions submitted January 19, 2001 by a
Sponsoring Committee. The certification of referendum petitions are regarding the repeal
of:
x
ordinance approving Comprehensive Plan Amendment, and
x
ordinance amendment to Section Appendix I of the Ordinance Code.
Council Meeting Minutes-5-February 12, 2001
Mr. Devich also reviewed Staff Report No. 41 regarding certification of two initiative
petitions submitted January 19, 2001 by a Sponsoring Committee. The certification of
initiative petitions are regarding:
x
replacement of housing stock, and
x
traffic and parking requirements.
Mr. Devich stated that no City Council action was required.
CONSIDERATION OF ACTIONS RELATED TO FOLLOWING PETITIONS
Item #7
FOR REFERENDUM AND INITIATIVE:
REFERENDUM
x
PETITION FOR REFERENDUM ON TRANSITORY ORDINANCE NO.
2000-19 APPROVING CITY’S COMPREHENSIVE PLAN AS AMENDED
CONCERNING THE INTERCHANGE WEST AREA
x
PETITION FOR REFERENDUM ON TRANSITORY ORDINANCE NO.
2000-20 APPROVING AMENDMENT TO SECTION APPENDIX I OF
ORDINANCE CODE OF CITY OF RICHFIELD
INITIATIVE
x
PETITION FOR INITIATIVE PROPOSING ORDINANCE TO ESTABLISH
TRAFFIC AND PARKING REGULATIONS TO PROTECT PUBLIC
HEALTH, SAFETY AND GENERAL WELFARE
x
PETITION FOR INITIATIVE PROPOSING ORDINANCE TO PRESERVE
HOUSING STOCK OF CITY OF RICHFIELD
S.R. NO. 42
City Manager Orduno reviewed Staff Report No. 42 regarding the petitions for
referendum and initiative.
City Manager Orduno introduced Clifford Greene, legal counsel from Greene Espel,
who was hired by the City to seek an independent legal opinion concerning fundamental
legal issues associated with the petitions.
Clifford Greene, Minnetonka resident and principal member of the Greene Espel law
firm, stated he was hired as counselor and legal advisor, not as an advocate. He was
asked to address the questions regarding the legality of the petitions that were received
and whether they were legal and appropriate subjects of initiative and referendum. He
presented the highlights of his opinion. Mr. Greene presented his prediction of what the
Minnesota Supreme Court would do if land use policy can be dictated by referendum and
initiative. A legal challenger has legitimate reasons, but may not hold up in court.
Council Member Enger asked Mr. Greene several questions regarding his opinion.
Mr. Greene responded to Council Member Enger’s questions.
Council Meeting Minutes-6-February 12, 2001
Mr. Enger stated that allowing the petitions to go to voters may be the most fair way
to resolve this issue. He said disapproving the petitions would result in a legal challenge
from the opposition. The people of Richfield have spoken. Let the people decide the
future of Richfield. Mr. Greene’s opinion can be challenged.
City Manager Orduno reviewed the two options before the City Council regarding
actions the City Council can take on the petitions.
Council Member Sandahl stated that she appreciated Mr. Greene’s scholarly
approach. She asked City Attorney Thomson for her review and opinion of Mr. Greene’s
opinion.
City Attorney Thomson stated that she concurs with Mr. Greene’s opinion. Because
Kennedy & Graven has been involved in this legal challenge already and has previously
been asked by other cities to issue initiative opinions, she wanted an outside firm’s opinion
without preconceptions.
Mr. Greene clarified that he is not a City Attorney, but does represent public
employees.
Council Member Enger stated that the public purpose issue will be challenged if the
referendum and initiative are thrown out tonight.
Council Member Rosenberg stated that the judge had already ruled on the public
purpose.
City Manager Orduno stated that the statutory requirement of public purpose had
been met.
Council Member Enger asked if it was stated what the public purpose was.
City Attorney Thomson stated that the public purpose was for redevelopment.
Council Member Enger also commented on the Municipal Planning Act and wasn’t
sure if the City had followed the Act.
Council Member Ulrich stated that she was heavily involved in the Land Planning
Act, the Richfield Comprehensive Plan and served on the Met Council so she assured Mr.
Enger that the City had followed the Act.
Council Member Enger stated that Best Buy wouldn’t challenge the decision if this
went to the voters if found in favor of petitions. Either side could walk away without further
harm.
Mr. Enger asked zoning ordinance questions related to redevelopment.
City Manager Orduno said that the Judge had taken all zoning ordinance
requirements into review and the City had performed all necessary duties under law.
Council Meeting Minutes-7-February 12, 2001
Council Member Enger asked Penn Avenue bridge financing questions regarding
portions paid by Best Buy and the City.
City Manager Orduno explained the financing. Best Buy pays for the Penn Avenue
bridge project, the City for 76th Street with MSA funds which was planned long before Best
Buy was a reality.
Council Member Enger asked if the revised financial analysis of the Best Buy
project had been done as requested at the last City Council meeting.
Sid Inman, Ehlers & Associates, stated that he can get it to the City Council, but
was not asked to bring it to this meeting.
Eric Galatz, Leonard, Street & Dienard, St. Paul resident, legal counsel representing
the Sponsoring Committee, spoke in support of the petitions.
Council Member Sandahl asked Mr. Galatz who was paying for his services and
opinion.
Mr. Galatz replied that it is Walser Company. He stated that Walser has agreed to
sponsor the special election costs to give an opportunity for Richfield citizens to voice their
opinion. He addressed issues raised in Mr. Greene’s legal opinion, stating that declaring
the housing ordinance and traffic ordinance as being manifestly unconstitutional is
questionable. He said the City does not have a statutory or Charter basis to deny, just the
fear of a lawsuit. Mr. Galatz strongly urged approval of the petitions.
Council Member Enger stated that because a new, easy to read financial statement
has not been received and the Leonard, Street & Dienard letter was just received, he
wants to table this item for two weeks so the City Council can review that information. Mr.
Enger wants at the earliest convenience a complete new financial statement.
City Manager Orduno asked for clarification on what format and what information
Mr. Enger wanted for the financial statement.
Council Member Enger will provide that information to the City Manager.
Council Member Enger said that the Planning Commission minutes state a TIF
package consistent with the Comprehensive Plan budgeted for $122.1 million for
Interchange West and Lyndale Gateway. This is not the $48 million that has been stated
before.
City Manager Orduno stated that was the total TIF package for the district, including
Interchange West and Lyndale Gateway redevelopment projects. Interchange West does
not stand alone.
M/Sandahl, S/Rosenberg to accept Mr. Greene’s legal opinion and declare the
petitions are therefore null and void and not on for election. And this action confirms the
City Council belief that State law preempts the use of initiative and referendum in these
circumstances.
Council Meeting Minutes-8-February 12, 2001
Council Member Sandahl stated that the Met Council does metro-wide planning and
is reflected in the planning act. The Supreme Court would uphold Mr. Greene’s opinion
and she supports not putting issues on the ballot. The elected officials are to act on these
issues.
Council Member Rosenberg stated that the City had an election in November and
58% of those who live in this Best Buy ward re-elected her. Best Buy is a reality.
Council Member Enger stated he is opposed to Best Buy being in Interchange
West, not about being in Richfield. Redevelopment is needed on the east side of Richfield.
We should table this action for two weeks or bring to voters.
Council Member Enger commented on the Best Buy property value in its 25th year
and the collection of taxes at that time.
City Manager Orduno stated examples of how other TIF districts have decertified or
are near decertification.
Council Member Rosenberg stated that the City should go forward with the Best
Buy project. It will be hard to get an east side developer if this doesn’t go through. Ms.
Rosenberg also wants the east side to be developed.
Council Member Enger stated that if the project was denied, the City could offer $48
million to Best Buy to relocate development to the east side. Mr. Enger said he is
convinced that if Best Buy is on the east side, hotels and restaurants would come to the
area.
Council Member Rosenberg stated that Best Buy has said they are not interested in
the east side.
Mayor Kirsch stated that he and his colleagues took an oath as City Council
Members to uphold the United States Constitution, State of Minnesota and Richfield City
Charter. In fairness to all parties, he is supportive of the Best Buy project.
Mayor Kirsch requested the Recording Secretary to conduct a roll call vote.
Motion carried 4-1. (Enger opposed.)
City Manager Orduno stated duplicate initiative petitions seeking 15% of the
registered voters’ signatures are expected in the City Clerk’s office tomorrow. Ms. Orduno
is seeking appropriate action for staff to take on verifying signatures based upon the City
Council’s action this evening.
M/Sandahl, S/Rosenberg that if duplicate initiative petitions are identical to the ones
reviewed tonight and not appropriate subject matter for referendum and initiative, City staff
is not to spend time on validating.
City Attorney Thomson stated this action may be challenged because when this
comes before the court, the court won’t know if they’re sufficient because not validated.
Ms. Thomson stated that if the court decision supports Mr. Greene’s opinion, there is no
Council Meeting Minutes-9-February 12, 2001
need to verify. But, if the court doesn’t support his opinion, then the signatures would need
to be verified.
Council Member Enger stated that Section 5.06 of the Charter states that if
signatures are not verified within five days, the City is subject to a lawsuit.
Eric Galatz, Leonard, Street & Dienard, said he would stipulate to verifying
signatures within five business days of when petitions are delivered. He stated the record
of registered voters on November 7, 2000 needs to be preserved.
Administrative Services Director Devich stated it is on a disk from the Secretary of
States office.
Council Member Sandahl stated that she prefers no City staff overtime spent on
verifying signatures, but to work on them during normal business hours. Ms. Sandahl
withdrew her original motion.
M/Rosenbergto delay verifying signatures on duplicate initiative petitions until
necessary time.
Motion failed due to lack of a second.
M/Sandahl, S/Enger to direct staff to verify signatures when petitions come in on
week days in reasonable manner and with the understanding that the City not face any
lawsuits for a delay if past five days.
Motion carried 3-1. (Rosenberg opposed, Ulrich abstained.)
Item #8PUBLIC HEARING AND SECOND READING OF AMENDMENT TO
ZONING ORDINANCE ALLOWING REDUCTION IN REQUIRED CORNER
VISIBILITY AREA FOR FULLY CONTROLLED INTERSECTIONS S.R. NO.
43
City Manager Orduno requested that the public hearing and second reading of an
amendment to zoning ordinance allowing reduction in required corner visibility area for fully
controlled intersections be continued to the regular City Council Meeting of February 26,
2001 to allow additional time for staff review of the ordinance.
M/Sandahl, S/Enger to continue the public hearing and second reading of an
amendment to zoning ordinance allowing reduction in required corner visibility area for fully
controlled intersections to the regular City Council Meeting of February 26, 2001.
Motion carried 5-0.
Council Meeting Minutes-10-February 12, 2001
Item #9PUBLIC HEARING AND SECOND READING OF ORDINANCE
AMENDMENT TO CITY ADMINISTRATIVE CODE CHAPTER III,
SUBSECTION 310.33 DESCRIBING VACATION LEAVES.R. NO. 44
Administrative Services Director Devich reviewed Staff Report No. 44 regarding the
second reading of an ordinance amendment to the City Administrative Code Chapter III,
Subsection 310.33 describing vacation leave.
M/Rosenberg, S/Sandahl to close the public hearing.
Motion carried 5-0.
M/Sandahl, S/Rosenberg that this constitutes the Second Reading of Bill No. 2001-
1, of the ordinance amendment to the City Administrative Code Chapter III, Subsection
310.33 describing vacation leave, that it be published in the official newspaper and that it
be made part of these minutes.
Motion carried 5-0.
Item #10PUBLIC HEARING AND SECOND READING OF CABLE TELEVISION
ORDINANCE FOR EVEREST CONNECTIONS CORPORATION S.R. NO.
45
Administrative Services Director Devich stated that Brian Grogan, Southwest
Suburban Cable Commission (SWSCC), legal counsel of Moss & Barnett, would review
Staff Report No. 45 regarding the second reading of a Cable Television Ordinance for
Everest Connections Corporation, and Staff Report No. 46 regarding a second reading of a
Cable Television Ordinance for WideOpenWest, LLC at the same time, but the items
would require two separate City Council actions.
Brian Grogan requested the Everest Connection Corporation public hearing be
continued to March 12, 2001. Everest is in discussion with Seren Innovations regarding a
possible joint venture or merger. Written clarification from Everest has been requested,
but not received yet so it would be prudent to not take action on this item until the outcome
of that venture is determined.
George Tellgren, 6937 Upton Avenue, asked if the cable lines would mean more
overhead lines in Richfield.
Mr. Grogan replied that the cable companies will have to follow wherever the
current lines are; some overhead and some below ground.
Council Member Enger asked if the City would still have the extra lines if the
companies are unsuccessful.
Council Meeting Minutes-11-February 12, 2001
Mr.Grogan stated that the marketplace will determine the success of the
companies and there are abandonment provisions to protect the City.
M/Sandahl, S/Rosenberg to continue the second reading of a Cable Television
Ordinance for Everest Connections Corporation to the regular City Council Meeting of
March 12, 2001.
Motion carried 5-0.
Item #11PUBLIC HEARING AND SECOND READING OF CABLE TELEVISION
ORDINANCE FOR WIDEOPENWEST, LLC S.R. NO. 46
Brian Grogan, Southwest Suburban Cable Commission (SWSCC), legal counsel of
Moss & Barnett, reviewed Staff Report No. 46 regarding a second reading of a Cable
Television Ordinance for WideOpenWest, LLC at the same time as Staff Report No. 45
regarding a second reading of a Cable Television Ordinance for Everest Connections
Corporation.
M/Rosenberg, S/Sandahl to close the public hearing.
Motion carried 5-0.
M/Sandahl, S/Rosenberg that this constitutes the Second Reading of Bill No. 2001-
3, of the proposed cable television ordinance for WideOpenWest, that it be published in
the official newspaper and that it be made part of these minutes.
Motion carried 5-0.
Item #12PUBLIC HEARING AND SECOND READING OF TRANSITORY
ORDINANCE TO CHANGE NAME OF 73-1/2 STREET TO PILLSBURY
LANE S.R. NO. 47
Community Development Director Palmborg reviewed Staff Report No. 47 regarding
a public hearing and second reading of a transitory ordinance to change the name of 73
1/2 Street to Pillsbury Lane.
M/Rosenberg, S/Sandahl to close the public hearing.
Motion carried 5-0.
M/Ulrich, S/Rosenberg that this constitutes the Second Reading of Bill No. 2001-2
of Transitory Ordinance No. 18.03 to change the name of 73 1/2 Street to Pillsbury Lane,
that it be published in the official newspaper and that it be made part of these minutes.
Council Meeting Minutes-12-February 12, 2001
Motion carried 5-0.
Item #13DISCUSSION OF FINAL LAYOUT OF I-494 RECONSTRUCTION PROJECT
S.R. NO. 48
Public Works Director Eastling reviewed Staff Report No. 48 regarding the final
layout of I-494 Reconstruction Project. He noted that:
x
The proposed 76th Street northbound entrance ramp to I-35W will impact homes
along Humboldt Avenue from 76th Street to 74th Street.
x
The proposed I-35W/I-494 interchange impacts the parking area of the Shops at
Lyndale Shopping Center.
Mr. Eastling stated that design details need more work.
Mayor Kirsch asked when the work would begin.
Mr. Eastling answered due to limited MnDOT funding, work on I-494 through
Richfield may not begin until 2011-2016 at the earliest, although City staff is encouraging
MnDOT to start the work much sooner than that.
Council Member Enger asked how this reconstruction affects Best Buy.
Council Member Rosenberg stated that Best Buy is aware of the takings.
Mr. Eastling stated that the takings are consistent with the Environmental Impact
Statement.
Item #14CONSIDERATION OF RESOLUTION AND FINDINGS OF FACT
REGARDING REQUEST FOR SUPPLEMENTAL ENVIRONMENTAL
IMPACT STATEMENT FOR BEST BUY CAMPUS PROJECT S.R. NO. 49
Community Development Director Palmborg reviewed Staff Report No. 49 regarding
a resolution and findings of fact denying a request for supplemental environmental impact
statement for Best Buy Campus Project.
Christopher McGlincey, Leonard, Street and Dienard, legal counsel representing
Walser, stated that the Staff Report is not responsive to Walser’s concerns and is
inconsistent. He reviewed the five reasons for a supplemental EIS as required by law.
Council Member Sandahl asked Mr. McGlincey if he appeared and testified at the
Mall of America EIS meeting and if they were taking into account the Best Buy
development.
Council Meeting Minutes-13-February 12, 2001
Mr.McGlincey answered that he was not present.
City Manager Orduno stated that staff puts forth recommendations accurately, with
the reality that the City may be in court having to defend the statements.
Mayor Kirsch stated that MnDOT and Metropolitan Council have signed off on all
the City’s information.
M/Sandahl, S/Rosenberg that the following resolution be adopted, that it be spread
in the resolution book and that it be made part of these minutes:
RESOLUTION NO. 9007
RESOLUTION DENYING A REQUEST FOR A SUPPLEMENTAL ENVIRONMENTAL
IMPACT STATEMENT FOR THE BEST BUY CAMPUS PROJECT AND ADOPTING A
SET OF FINDINGS AND CONCLUSIONS
Mayor Kirsch requested the Recording Secretary to conduct a roll call vote.
Motion carried 4-1. (Enger opposed.) This resolution appears as Resolution No.
9007 in Resolution Book No. 72.
Item #15CONSIDERATION OF AGREEMENT BETWEEN BLOOMINGTON AND
RICHFIELD TO ACQUIRE RIGHT OF WAY NEEDED TO BUILD PENN
AVENUE BRIDGE OVER I-494 S.R. NO. 50
Public Works Director Eastling reviewed Staff Report No. 50 regarding an
agreement between Bloomington and Richfield to acquire right of way needed to build the
Penn Avenue Bridge over I-494.
Mr. Eastling stated that City Council action formally implements what is outlined in
the cooperative agreement between Richfield and Bloomington regarding costs incurred in
connection with the Penn Avenue bridge project.
Council Member Enger asked about the funding for the purchase of Bloomington
property.
Mr. Eastling answered that the funds to purchase the property in Bloomington will
come from the Best Buy Company and passed through the City of Richfield as part of the
Best Buy Redevelopment Project.
M/Sandahl, S/Rosenberg to approve the agreement between Bloomington and
Richfield to acquire right of way needed to build Penn Avenue bridge over I-494.
Motion carried 4-1. (Enger opposed.)
Council Meeting Minutes-14-February 12, 2001
Item #16CONSIDERATION OF RESOLUTION ESTABLISHING JUST
COMPENSATION AND AUTHORIZING PURCHASE OF PROPERTIES
IDENTIFIED IN PENN AVENUE BRIDGE PROJECT S.R. NO. 51
Public Works Director Eastling reviewed Staff Report No. 51 regarding a resolution
establishing just compensation and authorizing purchase of properties identified in the
Penn Avenue bridge project.
Council Member Sandahl asked if Century Court taking is land only.
Mr. Eastling answered yes, but Century Court would like to line up a new access at
the signal intersection into Best Buy. Their request could result in loss of the Racket Club,
but it is at their expense. This could mean a structure taking, but not a project cost.
M/Ulrich, S/Rosenberg that the following resolution be adopted, that it be spread in
the resolution book and that it be made part of these minutes:
RESOLUTION NO. 9008
RESOLUTION ESTABLISHING JUST COMPENSATION AND AUTHORIZING
PURCHASE OF REAL PROPERTY LOCATED AT 7600-7720 PENN AVENUE
AND AT 7744 PENN AVENUE
(PENN AVENUE BRIDGE AT I-494 PROJECT)
Motion carried 4-1. (Enger opposed.) This resolution appears as Resolution No.
9008 in Resolution Book No. 72.
Item #17CONSIDERATION OF RESOLUTION ESTABLISHING JUST
COMPENSATION AND AUTHORIZING PURCHASE OF PARTIAL
ACQUISITION OF PROPERTIES IDENTIFIED TO WIDEN 76TH STREET
FROM I-35W TO PENN AVENUE PROJECT S.R. NO. 52
Public Works Director Eastling reviewed Staff Report No. 52 regarding a resolution
establishing just compensation and authorizing purchase of partial acquisition of properties
identified to widen 76th Street from I-35W to Penn Avenue Project.
Council Member Rosenberg stated that the Colony Apartments is in full agreement
with how their access is changed.
Council Member Enger asked how the intersections at 76th Street and Knox,
Morgan, Oliver and Newton Avenues are handled, especially with the homes so close to
the street.
Council Meeting Minutes-15-February 12, 2001
Mr. Eastling discussed the loop road concept and this is handled as a separate
issue.
M/Sandahl, S/Rosenberg that the following resolution be adopted, that it be spread
in the resolution book and that it be made part of these minutes:
RESOLUTION NO. 9009
RESOLUTION ESTABLISHING JUST COMPENSATION AND AUTHORIZING
PURCHASE OF REAL PROPERTY LOCATED AT 7540 PENN AVENUE, AT
7611 KNOX AVENUE, AT 1601 WEST 75th STREET, AND AT 7539 PENN AVENUE
(WIDENING OF 76th STREET FROM I-35W TO PENN AVENUE PROJECT)
Motion carried 4-1. (Enger opposed.) This resolution appears as Resolution No.
9009 in Resolution Book No. 72.
Item #17ACONSIDERATION OF APPROVAL OF PLANS AND SPECIFICATIONS,
ORDERING PROJECT AND AUTHORIZING BIDS FOR
RECONSTRUCTION OF 7600 BLOCK OF LYNDALE AVENUE S.R. NO.
38
Council Member Enger asked if Walgreens had signed a contract yet.
City Manager Orduno answered no.
Enger said they have until February 16 otherwise they lose the 75-day extension.
Mr. Enger does not want to take action at this time if it results in closing of the businesses
due to construction on 76th Street.
Public Works Director Eastling stated that the project would not move forward until
the west side of 76th Street is ready to proceed.
City Manager Orduno stated that taking action tonight allows moving forward
expediently when we’re confident the west side is ready to proceed.
Mr. Eastling stated that the contract will be brought to the City Council for award
and all these issues need to be addressed at that time.
M/Sandahl, S/Rosenberg to approve the plans and specifications, ordering project
and authorizing bids for reconstruction of 7600 block of Lyndale Avenue.
Motion carried 5-0.
Council Meeting Minutes-16-February 12, 2001
Item #18AIRPORT STATUS REPORT
City Manager Orduno reported on the following:
x
Meetings with several Legislators
x
Legislative initiative to request additional $30 million appropriation from State to
continue the acquisition of residential property in the 87db low frequency sound
level contour.
x
Legislative initiative as a collaborative effort with Eagan, Mendota Heights and
Minneapolis to identify long term funding stream that the communities can draw
funds from to implement mitigation measures.
x
Both MAC and the City are working cooperatively to schedule a meeting to
discuss airport issues.
Item #19OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS
NOT ON THE AGENDA
Deb Nordmarken, 6933 Sheridan Avenue, commented on the Star Tribune article
regarding traffic concerns in the Twin Cities area. She said the Best Buy EIS does not
state where Crosstown traffic will go while it’s under construction.
George Tellgren, 6937 Upton Avenue, congratulated the City Council on their taking
all the harassment at meetings.
Camillo DeSantis, 6508 Newton Avenue, stated that it was time for the Walser
family to stop their tactics for delaying the Best Buy project. He said Best Buy is the best
buy.
Stan Cromer, 6833 16th Avenue, said he was concerned about what was
happening to the City. He also asked how much money was used to buy the homes in
Interchange West.
City Manager Orduno stated that Best Buy is buying the homes and it’s a private
transaction.
Betty Gustafson, 7327 Thomas Avenue, commented on the Best Buy project and
senior housing affordability concerns.
Larry Wozniczka, 6744 Wentworth Avenue, spoke in support of the referendum
issue.
Roger Wollschlaber, 7610 Oliver Avenue, spoke in support of the Best Buy project.
Council Meeting Minutes-17-February 12, 2001
Item #20CLAIMS AND PAYROLL
M/Rosenberg, S/Sandahl that the following claims and payrolls be approved:
RICHFIELD BANK & TRUST CO.
INT Checks:101887 - 101943$269,001.71
H/C104723 - 105135$1,001,246.55
PAYROLL23324 - 23514$472,239.89
TOTAL$1,742,488.15
Motion carried 5-0.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 11:50 p.m.
Date Approved:
Martin J. Kirsch
Mayor
Cheryl KrumholzSamantha Orduno
Recording SecretaryCity Manager