03-12-01 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
March 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; and Gertrude
Ulrich.
Members
Not Present:Sue Sandahl.
Acting City Manager Devich stated that Council Member Sandahl and City Manager
Orduno were attending the National League of Cities Congressional City Conference in
Washington, D.C.
M/Rosenberg, S/Ulrich to determine the absence of Council Member Sandahl as an
excused absence for the March 12, 2001 Special City Council Study Session; and the
March 12, 2001 Regular City Council Meeting.
Motion carried 4-0.
Staff Present:Steven Devich, Acting City Manager; Mike Eastling, Public Works
Director; Dan Scott, Public Safety Director; Bruce Palmborg,
Community Development Director; Jim Topitzhofer, Recreation
Services Director; Chris Regis, Finance Manager; Cheryl Krumholz,
Recording Secretary; and Corrine Thomson, City Attorney.
Council Meeting Minutes-2-March 12, 2001
APPROVAL OF MINUTES
M/Rosenberg, S/Ulrich to approve the minutes of the (1) Special City Council
Closed Executive Session of February 26, 2001; and (2) Regular City Council Meeting of
February 26, 2001.
Motion carried 4-0.
Item #1COUNCIL DISCUSSION ITEMS
Council Member Rosenberg spoke about the STARR Group meeting on March 6,
2001. She said Kent Carlson, Ryan Corporation, was present at the meeting and made a
strong statement from a developer’s point of view that the Initiative and Referendum issues
would make it difficult for customers to consider coming to Richfield. She said she wanted
the public to be aware that the Initiative and Referendum issues do not just apply to the
Best Buy development and the Interchange West area, but to City-wide development. She
said the Initiative and Referendum could be very detrimental to the City.
Council Member Enger said he didn’t agree with Council Member Rosenberg. He
said that Mr. Carlson was bias because he was retained by the City as a developer of the
east side. He felt the Initiative and Referendum issues are important and should be
addressed. He said the State of Minnesota is taking Initiative and Referendum issues up
at the legislature at this time to make this a statewide issue allowing Initiatives and
Referendums.
Council Member Rosenberg said that Mr. Carlson was speaking on behalf of
customers as the people putting the businesses into Richfield.
Council Member Enger said the initiative was trying to protect the right of owning
and occupying family homes and not to be so quick to replace with apartment units.
Item #2OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS
NOT ON THE AGENDA
Robert Hall, 7309 Oliver Avenue, spoke about a recent Richfield 2020 meeting and
the redevelopment of cemeteries. He also spoke about the Best Buy Fact Packet.
Council Meeting Minutes-3-March 12, 2001
Item #3 COUNCIL APPROVAL OF AGENDA
M/Rosenberg, S/Ulrich to approve the agenda.
Motion carried 4-0.
Item #4 CONSENT CALENDAR
A.Approved resolution appointing Larry Emond and Glenn Erickson to 2001 Board of
Equalization and setting compensation for service S.R. No. 67
RESOLUTION NO. 9015
A RESOLUTION CONFIRMING CITY MANAGER'S APPOINTMENT OF
TWO RESIDENT MEMBERS TO THE BOARD OF EQUALIZATION
This resolution appears as Resolution No. 9015 in Resolution Book No. 72.
B.Approved bid minutes/tabulation and award contract to Asplundh Tree Expert
Company for 2001 diseased tree removal on private property in amount of $61,073
S.R. No. 68
C.Approved execution of eight professional services agreement for appraisers for 66th
Street and TH77 Interchange Project S.R. No. 69
D.Approved resolution authorizing donation of used books from Wood Lake Nature
Center to Richfield Historical Society S.R. No. 70
RESOLUTION NO. 9016
RESOLUTION AUTHORIZING the transfer of used BOOKS FROM WOOD LAKE
NATURE CENTER TO THE RICHFIELD HISTORICAL SOCIETY
This resolution appears as Resolution No. 9016 in Resolution Book No. 72.
M/Ulrich, S/Rosenberg to approve the consent calendar.
Motion carried 4-0.
Council Meeting Minutes-4-March 12, 2001
Item #5CONTINUATION OF PUBLIC HEARING AND SECOND READING OF
CABLE TELEVISION ORDINANCE FOR EVEREST CONNECTIONS
CORPORATION (CONTINUED FROM FEBRUARY 12, 2001)S.R. NO. 71
Acting City Manager Devich reviewed Staff Report No. 71 regarding the
continuation of a public hearing and the second reading of a cable television ordinance for
Everest Connections Corporation that was continued from February 12, 2001. He said
additional information was received today that indicated a longer period of time may be
necessary on the ordinance. A change in ownership of Everest would not be the same
basis for approving the franchise, so the process may need to start over again.
M/Ulrich, S/Rosenberg to continue the public hearing and second reading of a
Cable Television Ordinance for Everest Connections Corporation to the regular City
Council Meeting of April 9, 2001.
Motion carried 4-0.
Item #6PUBLIC HEARING AND SECOND READING OF TRANSITORY
ORDINANCE PROVIDING EXPENDITURE OF FUNDS FROM SPECIAL
REVENUE FUND FOR CERTAIN CAPITAL IMPROVEMENTS S.R. NO. 72
Finance Manager Regis reviewed Staff Report No. 72 regarding the second reading
of a transitory ordinance providing expenditure of funds from the Special Revenue Fund for
the following capital improvements:
Park Shelter Replacement–Fairwood/Monroe$ 102,500
Playfeature Little Bob’s 17,500
Roosevelt Park Swings 15,000
Waterslide Repainting 25,000
Roosevelt Concession Modifications 15,000
Community Center Room Dividers 25,000
Community Center Carpet/Paint/Repair 30,000
City Owned Parking Lots - Replace 120,000
Park Maintenance 100,000
Ice Arena Second Sheet (repayment) 75,000
Ice Arena Air Conditioning ($50,000) 25,000
Emergency Police/Fire Generator 75,000
Larry Wozniczka, 6744 Wentworth Avenue, asked about the park maintenance item
being operating expenses.
Recreation Services Director Topitzhofer said the items included were not operating
expenses but the larger capital improvements.
Council Meeting Minutes-5-March 12, 2001
Council Member Enger said he was opposed to the Fairwood/Monroe park shelter
replacement. He said to eliminate that item and use the money somewhere else in the
City.
M/Rosenberg, S/Ulrich to close the public hearing.
Motion carried 4-0.
M/Rosenberg, S/Ulrich that this constitutes the Second Reading of Bill No. 2001-6
of Transitory Ordinance No 18.05 for the expenditure of funds from the Special Revenue
Fund for certain capital improvements, that it be published in the official newspaper and
that it be made part of these minutes.
Motion carried 3-1. (Enger opposed.)
Item #7PUBLIC HEARING AND SECOND READING OF ORDINANCE
AMENDMENT TO SECTION 315 ALLOWING TIMELY DISPOSAL OF
FORFEITED PROPERTY ACQUIRED BY CITY PURSUANT TO CIVIL OR
CRIMINAL FORFEITURE PROCEEDINGS UNDER STATE LAWS.R. NO.
73
Public Safety Director Scott reviewed Staff Report No. 73 regarding the second
reading of an ordinance amendment to Section 315 allowing timely disposal of forfeited
property acquired by the City pursuant to civil or criminal forfeiture proceedings under
State law.
Council Member Enger asked what would be a determining factor for sale by
quotation.
Public Safety Director Scott said an example would be a unique or rare vehicle. He
said two quotations are needed.
Council Member Enger said he would like to see advertising of the sale so the
general public has an opportunity to participate.
City Attorney Thomson said that was possible, but the Council needs to direct staff
to do this. The Municipal Uniform Contracting Law states sales by quotation do not require
advertising for contracts less than $50,000.
Council Member Ulrich said she would like the City to recover money but wants to
keep moving the process along quickly.
Dennis Manson, 13012 Welcome Lane, Burnsville, asked about the storage of
these vehicles.
Council Meeting Minutes-6-March 12, 2001
Public Safety Director Scott said vehicles were forfeited according to DUI statute
guidelines, approximately 20 to 30 vehicles were currently being stored, the lot is in the
City but did not want to reveal the location and the cost for the lot was $300 per month.
Paul Nelson, 6633 16th Avenue, asked how a clear title is obtained when a lien is
on the vehicle.
Public Safety Director Scott reviewed the process for obtaining the title.
M/Rosenberg, S/Ulrich to close the public hearing.
Motion carried 4-0.
Council Member Enger asked if the lot was going to be used long term.
Public Safety Director Scott said that was up to who the lot was being leased from.
Council Member Enger said the property should be brought into code compliance
and the name should change to Auto Recycling Center.
M/Rosenberg, S/Ulrich that this constitutes the Second Reading of Bill No. 2001-7,
to amend Subsection 315.01, Subdivision 4 relating to disposition of forfeited, abandoned,
junk and impounded motor vehicles, which expands the limitation on application to include
motor vehicles and personal property acquired by the City through civil or criminal
forfeiture proceedings; and the addition of Subsection 315.02 that will give disposition
authority to the City Manager to determine what forfeited property is to be sold and the
method of sale of lawfully forfeited property to facilitate disposal in a timely manner, that it
be published in the official newspaper and that it be made part of these minutes.
Motion carried 3-1. (Enger opposed.)
Item #8CONSIDERATION OF RESOLUTION AUTHORIZING THE SUBMISSION
OF $7.5 MILLION LOAN APPLICATION TO TRANSPORTATION
REVOLVING LOAN FUND PROGRAM OF STATE OF MINNESOTA TO
FINANCE REPLACEMENT OF PENN AVENUE BRIDGE OVER I-494 S.R.
NO. 74
Public Works Director Eastling reviewed Staff Report No. 74 regarding authorizing
the submission of $7.5 million loan application to the Transportation Revolving Loan Fund
Program of the State of Minnesota to finance the replacement of the Penn Avenue bridge.
Council Member Enger said he did not support the resolution because the Zoning
Ordinance states the City does not pay for the bridge. The total cost should be borne by
Best Buy.
Public Works Director Eastling reviewed the bridge funding package.
Council Meeting Minutes-7-March 12, 2001
Council Member Rosenberg said the City is not responsible for any payments on
the bridge.
M/Rosenberg, S/Ulrich 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. 9017
RESOLUTION AUTHORIZING THE SUBMISSION OF A TRANSPORTATION
REVOLVING LOAN APPLICATION FOR REPLACING THE PENN AVENUE BRIDGE
OVER I-494
Motion carried 3-1. (Enger opposed.) This resolution appears as Resolution No.
9017 in Resolution Book No. 72.
CONSIDERATION OF RESOLUTION AUTHORIZING CONDEMNATION OF
Item #9
7744, 7620, 7540 AND 7539 PENN AVENUE; 1601 WEST 75TH STREET;
AND 7611 KNOX AVENUE FOR WIDENING OF 76TH STREET FROM I-
35W TO PENN AVENUE PROJECT S.R. NO. 75
Public Works Director Eastling reviewed Staff Report No. 75 regarding
consideration of a resolution authorizing the condemnation of 7744, 7620, 7540 and 7539
Penn Avenue; 1601 West 75th Street; and 7611 Knox Avenue for widening of 76th Street
from I-35W to Penn Avenue project.
Council Member Ulrich asked how the negotiations were progressing.
Public Works Director Eastling said Tom Foley, Transportation Engineer, and Bob
Lindall, Kennedy & Graven, are handling negotiations and there have been active
discussions.
Council Member Rosenberg said her discussions with Mr. Foley a month ago
indicated they were progressing favorably.
Council Member Enger said the legal description of properties supplied by SEH
doesn’t show anything. In the future, he wants a map showing the specific lot number and
legal description on each property. He said it doesn’t need to be in the packet, but should
be shown on the overhead screen.
M/Rosenberg, S/Ulrich that the following resolution be adopted, that it be spread in
the resolution book and that it be made part of these minutes:
Council Meeting Minutes-8-March 12, 2001
RESOLUTION NO. 9018
RESOLUTION AUTHORIZING AND DIRECTING THE CONDEMNATION
OF CERTAIN PROPERTY FOR STREET PURPOSES
Motion carried 3-1. (Enger opposed.) This resolution appears as Resolution No.
9018 in Resolution Book No. 72.
CONSIDERATION OF RESOLUTION ESTABLISHING JUST
Item #10
COMPENSATION AND AUTHORIZING PURCHASE OF PARTIAL
ACQUISITION AND/OR TEMPORARY EASEMENTS AT 7544 AND 7525
OLIVER AVENUE; 2018, 2006, 2000, 1920, 1912 AND 1900 76TH STREET
WEST; 7611 KNOX AVENUE; AND 1700 78TH STREET WEST FOR
WIDENING 76TH STREET FROM I-35W TO PENN AVENUE S.R. NO. 76
Public Works Director Eastling reviewed Staff Report No. 76 regarding
consideration of a resolution establishing just compensation and authorizing purchase of
partial acquisition and/or temporary easements at 7544 and 7525 Oliver Avenue; 2018,
2006, 2000, 1920, 1912 and 1900 76th Street West; 7611 Knox Avenue; and 1700 78th
Street West for widening 76th Street from I-35W to Penn Avenue.
Council Member Rosenberg asked if the temporary easement for Woodlake
Lutheran Church for the sidewalk was just during the construction period.
Public Works Director Eastling answered that was correct.
Council Member Rosenberg said she was concerned about how the people on 76th
Street were being handled regarding this issue.
Public Works Director Eastling said each one has different needs but several
options are discussed with varying degrees of acceptance.
Council Member Enger asked what was suggested for the three homes that are 50
feet from the curb line.
Public Works Director Eastling reviewed the options for these homes.
M/Rosenberg, S/Ulrich that the following resolution be adopted, that it be spread in
the resolution book and that it be made part of these minutes:
Council Meeting Minutes-9-March 12, 2001
RESOLUTION NO. 9019
RESOLUTION ESTABLISHING JUST COMPENSATION AND AUTHORIZING
PURCHASE OF REAL PROPERTY LOCATED AT 7544 OLIVER AVENUE, 7525 OLIVER
AVENUE, 2018 76th STREET WEST, 2006 76th STREET WEST, 2000 76th STREET
WEST, 1920 76th STREET WEST, 1912 76th STREET WEST, 1900 76th STREET
WEST, 7611 KNOX AVENUE, AND 1700 78th STREET WEST
(WIDENING OF 76th STREET FROM I-35W TO PENN AVENUE PROJECT)
Motion carried 3-1. (Enger opposed.) This resolution appears as Resolution No.
9019 in Resolution Book No. 72.
Item #11CONSIDERATION OF RESOLUTION PROVIDING FOR SALE OF
$8,350,000 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES
2001A S.R. NO. 77
Community Development Director Palmborg reviewed Staff Report No. 77 regarding
consideration of a resolution providing for the sale of $8,350,000 General Obligation Tax
Increment Bonds, Series 2001A.
Council Member Enger referred to the Zoning Ordinance Section 541 Zoning:
Performance Studies. He said selling the bonds puts the City at risk and the City should
not enter into this.
Community Development Director Palmborg said the assessment assignment will
forestall the necessity of the City to provide any support on this bond issue.
Council Member Enger referred to Zoning Ordinance Section 541.05 Traffic/Parking
Studies,Subd. 2. He said this does not say the City sells bonds to enter into this project.
City Attorney Thomson said that the City's ability to require developers to construct
off-site improvements is limited by constitutional principles and that the Penn Avenue
bridge is a regional improvement that is not required solely because of Best Buy traffic.
Council Member Enger said that the Best Buy project requires the bridge to be
constructed sooner than it otherwise would have been constructed.
City Attorney Thomson said that in her opinion the City could not require Best Buy
to pay for the entire Penn Avenue bridge, regardless of the ordinance language.
Council Member Ulrich said that reconstruction of the Penn Avenue bridge has
been under consideration since 1983. It must be redone because it is so heavily used.
M/Rosenberg, S/Ulrich that the following resolution be adopted, that it be spread in
the resolution book and that it be made part of these minutes:
Council Meeting Minutes-10-March 12, 2001
RESOLUTION NO. 9020
RESOLUTION AUTHORIZING THE NEGOTIATION OF THE
SALE OF $8,350,000 GENERAL OBLIGATION TAX INCREMENT
BONDS, SERIES 2001A
Motion carried 3-1. (Enger opposed.) This resolution appears as Resolution No.
9020 in Resolution Book No. 72.
Item #12CONSIDERATION OF RESOLUTION AUTHORIZING REFUNDING OF
$2,170,000 G.O. STORM SEWER REVENUE REFUNDING BONDS,
SERIES 1992A, DATED DECEMBER 1, 1992 WITH $1,180,000 G.O.
STORM SEWER REVENUE REFUNDING BONDS, SERIES 2001B S.R.
NO. 78
Finance Manager Chris Regis reviewed Staff Report No. 78 regarding consideration
of a resolution authorizing refunding of $2,170,000 G.O. Storm Sewer Revenue Refunding
Bonds, Series 1992A, dated December 1, 1992 with $1,180,000 G.O. Storm Sewer
Revenue Refunding Bonds, Series 2001B.
Council Member Enger asked for an explanation of the Storm Sewer Revenue
Refunding Bond.
Acting City Manager Devich said the bonds are issued for various storm sewer
capital projects within the City. He said approving this resolution will permit the City to take
advantage of lower interest rates and it saves taxpayers’ money.
Council Member Enger asked if this extends the maturity date.
Acting City Manager Devich said it stays at 2007.
M/Rosenberg, S/Ulrich 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. 9021
RESOLUTION AUTHORIZING THE NEGOTIATION OF THE
SALE OF $1,180,000 GENERAL OBLIGATION STORM SEWER
REVENUE REFUNDING BONDS, SERIES 2001B
Motion carried 4-0. This resolution appears as Resolution No. 9021 in Resolution
Book No. 72.
Council Meeting Minutes-11-March 12, 2001
Item #13CONSIDERATION OF COST PARTICIPATION IN AESTHETICS OF I-
35W/62 CROSSTOWN COMMONS NICOLLET AVENUE BRIDGE S.R. NO.
79
Public Works Director Eastling reviewed Staff Report No. 79 regarding cost
participation in the aesthetics of the I-35W/62 Crosstown Commons Nicollet Avenue
bridge, specifically whether to include two clock towers or an arrow pilaster on either side
of Nicollet Avenue.
Mr. Eastling said the adopted Capital Improvement Budget does not contain funding
for the Nicollet Avenue bridge in the I-35W/Crosstown 62 Commons. The City’s Municipal
State Aid funds have been allocated to other projects.
Council Member Enger said he preferred the arrow design.
Council Member Ulrich agreed to the arrow design.
Mayor Kirsch said he previously favored the clock towers, but the arrow design
seems to fit better.
Council Member Rosenberg agrees to the arrow design as long as the wall portion
remains.
M/Rosenberg, S/Enger to direct MnDOT to revise their plans to include an arrow
pilaster instead of the clock tower design on either side of Nicollet Avenue bridge at the I-
35W/62 Crosstown Commons.
Motion carried 4-0.
Item #14UPDATE ON WATER MAIN BREAK AT 76TH STREET AND OLIVER
AVENUE
Public Works Director Eastling provided an update on the water main break at 76th
Street and Oliver Avenue which occurred on February 18, 2001.
Item #15AIRPORT STATUS REPORT
None.
Council Meeting Minutes-12-March 12, 2001
Item #16OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS
NOT ON THE AGENDA
Paul Nelson, 6633 16th Avenue, asked why Richfield has to pay one penny toward
rebuilding of the Penn Avenue bridge. He also asked about the City’s obligation for the
Cedar Avenue/66th Street bridge.
Public Works Director Eastling reviewed the Penn Avenue bridge funding. He also
reviewed the Memorandum of Understanding regarding the TH77/66th Street bridge
funding.
Dennis Manson, 13012 Welcome Lane, Burnsville, spoke about providing
recognition to staff who worked on the water main break at 76th Street and Oliver Avenue.
Mr.Manson also asked if a substantial amount of money is needed to bring the forfeited
vehicle junkyard up to code.
Council Member Enger said it was owed to the community to hide this eyesore. He
wants it moved to a location zoned commercial with no residential around it.
Larry Wozniczka, 6744 Wentworth Avenue, asked about the design study of 76th
Street as it relates to the Best Buy development and the funding of acquisition.
Public Works Director Eastling reviewed the design status and said all design
elements will be presented to the City Council for approval. Mr. Eastling also reviewed the
funding for 76th Street and Penn Avenue.
Item #18CLAIMS AND PAYROLL
M/Rosenberg, S/Ulrich that the following claims and payrolls be approved:
RICHFIELD BANK & TRUST CO.
INT Checks:101975 - 102001$69,741.37
H/C105463 - 105785$1,002,589.30
PAYROLL23702 - 23885$463,198.42
TOTAL$1,535,529.09
Motion carried 4-0.
Council Meeting Minutes-13-March 12, 2001
Council Member Rosenberg said she wanted to thank the homeowners and
apartment residents in the Interchange West area for their perseverance and that it was a
relief to have the contingencies lifted.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 8:48 p.m.
Date Approved:
Martin J. Kirsch
Mayor
Cheryl KrumholzSteven L. Devich
Recording SecretaryActing City Manager