04-09-01 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
April 9, 2001
CALL TO ORDER
The meeting was called to order by Mayor Kirsch at 7:03 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; Gertrude
Ulrich; and Sue Sandahl.
Staff Present:Samantha Orduno, City Manager; Steve Devich, Administrative
Services Director; 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.
APPROVAL OF MINUTES
M/Rosenberg, S/Sandahl to approve the minutes of the (1) Regular City Council
Meeting of March 26, 2001; (2) Special City Council Meeting of March 28, 2001; and (3)
Special City Council Meeting of March 31, 2001.
Motion carried 5-0.
Council Meeting Minutes-2-April 9, 2001
Item #1PRESENTATION FROM KATHLEEN ANDERSON, REPRESENTATIVE
FROM CONGRESSMAN MARTIN O. SABO’S OFFICE
Kathleen Anderson, representative from Congressman Martin O. Sabo’s office,
provided an overview of the activities related to the district and Washington, D.C. offices.
Item #2COUNCIL DISCUSSION ITEMS
Council Member Ulrich commented on the excellent article in the Richfield Sun
Current related to housing. She said it provided a good background on housing.
Item #3OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS
NOT ON THE AGENDA
Sally Parsons, 6637 Sheridan Avenue, representing the Advisory Board of Health,
requested the City Council’s endorsement of the Tri-City Partners for Healthy Youth and
Communities Together We Stand effort on underage drinking.
M/Rosenberg, S/Kirsch to endorse the Tri-City Partners for Healthy Youth and
Communities Together We Stand effort on underage drinking.
Motion carried 5-0.
Council Member Rosenberg thanked the Advisory Board of Health and Tri-City
Partners for their efforts.
Item #4 COUNCIL APPROVAL OF AGENDA
Mayor Kirsch removed Consent Calendar Item 5B because it is a public hearing that
was incorrectly placed on consent. A legal notice for this public hearing was published in
the Sun Current. This item is to become Item 7A.
M/ Rosenberg, S/Sandahl to approve the agenda as amended.
Motion carried 5-0.
Council Meeting Minutes-3-April 9, 2001
Item #5 CONSENT CALENDAR
A.Approved lease agreement with Sprint Spectrum for antenna space on radio tower at
City Hall S.R. No. 86
B.Removed from the consent calendar and placed on the regular agenda for
consideration as Item 7A.
C.Approved renewal contract with Hennepin County for purchase of assessment
services for August 1, 2001 through July 31, 2005 S.R. No. 88
D.Removed from the consent calendar and placed on the regular agenda for
consideration as Item 10A
E.Removed from the consent calendar and placed on the regular agenda for
consideration as Item 10B
F.Removed from the consent calendar and placed on the regular agenda for
consideration as Item 10C
Council Member Enger asked to have Items 5D, 5E, and 5F removed from the
Consent Calendar and placed on the regular agenda.
Mayor Kirsch stated that Items 5D, 5E and 5F would be removed from the Consent
Calendar and placed on the regular agenda as Items 10A, 10B and 10C.
City Manager Orduno reported that the amount stated in Section 11,d Site Restoration
in the lease agreement with Sprint Spectrum (Item 5A) should be corrected to read $5,000
not $5 million.
M/Rosenberg, S/Sandahl to approve the Consent Calendar as amended.
Motion carried 5-0.
Item #6CONTINUATION OF PUBLIC HEARING AND SECOND READING OF
CABLE TELEVISION ORDINANCE FOR EVEREST CONNECTIONS
CORPORATION (CONTINUED FROM MARCH 12, 2001) S.R. NO. 92
City Manager Orduno reported that the City Council is requesting to continue the
public hearing and second reading of the cable television ordinance for Everest
Connections Corporation to May 14, 2001.
M/Sandahl, S/Rosenberg to continue the public hearing and second reading of the
cable television ordinance for Everest Connections Corporation to May 14, 2001.
Council Meeting Minutes-4-April 9, 2001
Motion carried 5-0.
Item #7PUBLIC HEARING REGARDING SOURCE OF FUNDING FOR BURYING
OVERHEAD UTILITY LINES ALONG PORTLAND AVENUE FROM
WATER TREATMENT PLANT TO AMERICAN LEGION CLUB AND
ALONG 66TH STREET FROM 11TH AVENUE TO MUNICIPAL SWIMMING
POOL – ACTION TO BE TABLED S.R. NO. 93
City Manager Orduno stated staff is recommending that tonight’s public hearing on
the funding for burying overhead lines be conducted and closed, but that action be tabled.
Public Works Director Eastling reviewed Staff Report No. 93 regarding the source of
funding for burying overhead utility lines along Portland Avenue from the water treatment
plant to the American Legion Club and along 66th Street from 11th Avenue to the
municipal swimming pool.
Larry Wozniczka, 6744 Wentworth Avenue, said he favored the extension of the
burying of the lines beyond the park to include the 66th Street and Portland Avenue
intersection. He also said there should be understanding from Xcel about the costs
involved and an opportunity for the public to respond before the City Council takes action.
Robert Hall, 7309 Oliver Avenue, objected to the process in which this issue is
being handled. He said things are handled in reverse action with a public hearing before
plans and costs for this project are known. He said he did not necessarily object to the
burying of the lines.
City Manager Orduno said the City Council can conduct additional public hearings if
they so desire.
M/Rosenberg, S/Sandahl to close the public hearing.
Motion carried 5-0.
Council Member Ulrich said she agreed that the utility poles and lines at the 66th
Street and Portland Avenue intersection, especially the northeast corner, are deplorable.
She would appreciate if this could be worked out.
Public Works Director Eastling said that due to lack of right-of-way at the
intersection, the burying of lines at this time is not possible. The entire intersection will be
reviewed at another time.
Council Member Ulrich expressed concern about the maintenance of the green
space between the street and sidewalk in the new layout.
Mr. Eastling said that since the space is wider than five feet, there is a good chance
of keeping it green.
Council Meeting Minutes-5-April 9, 2001
Council Member Sandahl said that people will feel safer walking on the sidewalk
since it is farther from street.
M/Rosenberg, S/Sandahl to table action regarding burying of overhead utility lines
and moving sidewalks away from County roads of 66th Street and Portland Avenue
adjacent to Veterans Memorial Park of Richfield.
M/Enger, S/Rosenberg to amend the previous motion to include conducting a public
hearing when this item is presented to the City Council again.
Motion carried 5-0.
Item #7APUBLIC HEARING AND CONSIDERATION OF RESOLUTION
REGARDING A CONDITIONAL USE PERMIT (CUP) TO ALLOW QWEST
TO CONSTRUCT A 59-FOOT COMMERCIAL WIRELESS
TELECOMMUNICATION SERVICE TOWER AT MADISON PARK, 6244
KNOX AVENUE S.R. NO. 87
Community Development Director Palmborg reviewed Staff Report #87 regarding a
conditional use permit (CUP) to allow Qwest Wireless to construct a 59-foot Commercial
Wireless Telecommunications Service Tower at Madison Park, 6244 Knox Avenue. He
also read the stipulations of the CUP as stated in the resolution.
Rita Driscoll, 6232 Irving Avenue, asked if Qwest will lease the land from the City
and in what fund the lease money will be placed.
Mr. Palmborg said Qwest will lease the land and the revenue will go into the
Recreation Services Park Maintenance Fund.
Ms. Driscoll stated that, in her opinion, the revenue should go in the General Fund.
Larry Woznizcka, 6744 Wentworth Avenue, asked if the agreement assures
restoration of the park if the antenna is no longer needed.
Recreation Services Director Topitzhofer said park restoration is part of the
agreement.
Council Member Enger asked why the lease fee was reduced to $10,000 per year
from the original $15,000 per year.
Mr. Topitzhofer said this was considered a secondary antenna and it was the going
rate.
Mr. Enger requested an additional stipulation to the CUP resolution stating that
Quest repair any damage to the path resulting from the use of vehicles for installation of
concrete pad, equipment and antenna.
Council Meeting Minutes-6-April 9, 2001
M/Rosenberg, S/Ulrich to close the public hearing.
Motion carried 5-0.
M/Rosenberg, S/Sandahl that the following resolution be adopted as amended to
include the additional stipulation that Qwest repair any damage to the path resulting from
the use of vehicles for installation of concrete pad, equipment and antenna, that it be
spread in the resolution book and that it be made part of these minutes:
RESOLUTION NO. 9026
RESOLUTION FOR APPROVING A CONDITIONAL USE PERMIT
AT 6244 KNOX AVENUE (MADISON PARK)
Motion carried 5-0. This resolution appears as Resolution No. 9026 in Resolution Book
No. 72.
Item #8CONSIDERATION OF RESOLUTION URGING METROPOLITAN
AIRPORTS COMMISSION TO EXTEND ITS CURRENT PART 150 SOUND
INSULATION PROGRAM TO 60-64 DNL CONTOUR AND CONTINUE TO
WORK COLLABORATIVELY WITH AIRPORT-AFFECTED COMMUNITIES
S.R. NO. 94
City Manager Orduno reviewed Staff Report No. 94 regarding a resolution urging
the Metropolitan Airports Commission to extend its current Part 150 Sound Insulation
Program to the 60-64 DNL Contour and continue to work collaboratively with airport-
affected communities.
Council Member Rosenberg said she was pleased to see the west side receive
some recognition of the problems. It needs to be understood that airport noise affects all
of Richfield.
Council Member Enger said that homes need more insulation than just air
conditioning. He said he supports this resolution and that the affected communities will
stand together against the airport.
Ms. Rosenberg said that at a legislative hearing last week she became aware of the
non-supportive attitude of some legislators from unaffected areas in what Richfield deals
with related to airport noise.
Mr. Enger explained the differences in types of windows for noise insulation. He
also said insulation does not increase the value of a home but makes living there a little
easier.
Council Member Sandahl said that at a NOISE meeting in Washington, D.C. there
was discussion about how noise affects airport expansion and it needs to be addressed.
Council Meeting Minutes-7-April 9, 2001
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. 9027
RESOLUTION REGARDING PART 150 PROGRAM
Motion carried 5-0. This resolution appears as Resolution No. 9027 in Resolution
Book No. 72.
Item #9CONSIDERATION OF RESOLUTION AUTHORIZING CONDEMNATION
OF 7544 OLIVER AVENUE, 2006 WEST 76TH STREET AND 1700 WEST
78TH STREET FOR WIDENING OF 76TH STREET FROM I-35W TO PENN
AVENUE PROJECT S.R. NO. 95
Public Works Director Eastling reviewed Staff Report No. 95 regarding a resolution
authorizing condemnation of 7544 Oliver Avenue, 2006 West 76th Street and 1700 West
78th Street for the widening of 76th Street from I-35W to Penn Avenue Project.
Council Member Enger asked why the compensation for the temporary easements
have not been settled.
Mr. Eastling said negotiations are continuing, but approval of this resolution keeps
the process moving in the event no settlement is reached.
Council Member Enger asked if Best Buy owned the 1700 West 78th Street
property (Galyan’s) and, if so, why an easement is needed when the widening is because
of the Best Buy project. He feels Best Buy should be willing to let the property be used at
no cost.
Mr. Eastling said the Galyan’s property is not part of the Best Buy project and there
is a lease between Galyan’s and Best Buy.
Council Member Enger asked if Best Buy was being paid for the easement. If so,
Best Buy should forget the money and rope off the area for safety.
Mr. Eastling said he would relay his concern to Best Buy.
M/Rosenberg, S/Sandahl 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.9028
RESOLUTION AUTHORIZING AND DIRECTING THE CONDEMNATION
OF CERTAIN PROPERTY FOR STREET PURPOSES
Council Meeting Minutes-8-April 9, 2001
Motion carried 4-1. (Enger opposed.) This resolution appears as Resolution No.
9028 in Resolution Book No. 72.
Item #10CONSIDERATION OF COUNCIL RECEIPT OF UNAUDITED 2000
FINANCIAL REPORT S.R. NO. 96
Finance Manager Regis reviewed Staff Report No. 96 regarding Council receipt of
the unaudited 2000 Financial Report.
Council Member Enger asked if these figures were entered into the 2001 budget.
Mr. Regis said no, these were the actual 2000 numbers.
Council Member Sandahl asked if this receipt of the unaudited 2000 financial report
was only because it was required by the City Charter.
Mr. Regis answered that was correct.
M/Sandahl, S/Rosenberg to have the Charter Commission consider a Charter
amendment to eliminate Council receipt of the unaudited financial report and have a
receipt of only the completed audited financial report when the auditors are present for the
review in May or June.
Motion carried 5-0.
M/Rosenberg, S/Ulrich that the Council receive the unaudited 2000 Financial
Report.
Motion carried 5-0.
Item #10ACONSIDERATION OF APPROVAL OF CONTRACT BETWEEN CITY OF
RICHFIELD AND AUCTION BROADCASTING COMPANY MINNEAPOLIS
FOR SALE OF FORFEITED VEHICLES S.R. NO. 89
Public Safety Director Scott reviewed Staff Report No. 89 regarding a contract
between the City of Richfield and Auction Broadcasting Company (ABC) of Minneapolis for
the sale of forfeited vehicles.
Council Member Enger said he was not opposed to the agreement, but questioned
some sections of the agreement. He asked if vehicles picked up because of driving under
the influence (DUI) could be towed directly to ABC to save the towing charge to or from the
City.
Council Meeting Minutes-9-April 9, 2001
Public Safety Director Scott said that the criminal process needs to be followed.
Council Member Enger asked if ABC makes repairs without authorization, he does
not want that expense to come off the top of the sale price.
Public Safety Director Scott said repairs would be monitored closely.
Council Member Sandahl asked if a DUI stop means the vehicle is forfeited.
Scott reviewed the forfeiture guidelines.
M/Rosenberg, S/Sandahl to approve the contract between the City and Auction
Broadcasting Company for the sale of forfeited vehicles.
Motion carried 5-0.
Item #10BCONSIDERATION OF APPROVAL OF BID MINUTES/TABULATION AND
AWARD OF CONTRACT TO ALLIED BLACKTOP, INC. FOR
SEALCOATING WORK IN 2001 IN AMOUNT OF $158,873.44 S.R. NO.
90
Public Works Director Eastling reviewed Staff Report No. 90 regarding the approval
of the bid minutes/tabulation and award of the contract to Allied Blacktop, Inc. for
sealcoating work in 2001 in the amount of $158,873.44.
Council Member Enger asked if Allied Blacktop did the patching on Bloomington
Avenue a couple of years ago. If they did, he would not support this award of contract
because of the poor job.
Public Works Director Eastling said it was not Allied Blacktop because they do
sealcoating, not patching.
M/Rosenberg, S/Sandahl to accept the bid minutes/tabulation and award a contract
to Allied Blacktop, Inc. in the sum of $158,873.44 for sealcoating work to be done in 2001.
Motion carried 5-0.
Council Meeting Minutes-10-April 9, 2001
Item #10CCONSIDERATION OF APPROVAL OF AWARD OF CONTRACT TO
SANDMAN ENTERPRISES FOR SANDBLASTING AND PAINTING OF
WATERSLIDE AT RICHFIELD POOL IN AMOUNT OF $18,648 S.R. NO.
91
Recreation Services Director Topitzhofer reviewed Staff Report No. 91 regarding
the approval of an award of contract to Sandman Enterprises for sandblasting and painting
of the waterslide at the Richfield Pool in the amount of $18,648.
Council Member Enger said he was concerned about Sandman’s quote because it
said they are not responsible for sand/paint in the pool or surrounding area. He said the
pool should be covered so it is not filled with sand.
Recreation Services Director Topitzhofer said appropriate precautions will be taken.
He also said the pool with be worked on after the waterslide work is finished.
M/Sandahl, S/Rosenberg to award the contract for sandblasting and painting the
waterslide at the Richfield Pool to Sandman Enterprises in the amount of $18,648.
Motion carried 5-0.
Item #11AIRPORT STATUS REPORT
City Manager Orduno reported on the following:
x
Meeting with MAC representatives on Wednesday, April 11 to discuss
Congressman Sabo’s earmarked $10 million for noise mitigation.
x
MAC is working cooperatively with the City on a joint meeting with regional and
federal FAA representatives to come to an agreement on spending the $10
million.
x
Airport legislation is moving forward. An airport sales tax revenue bill hearing is
scheduled with Representative Ron Abrams on Tuesday, April 11.
Council Member Enger said MAC is holding a public hearing on a Part 150 Update
on April 11 at the Thunderbird Motel. He encouraged all affected parties in Richfield to
attend and give comments.
Council Meeting Minutes-11-April 9, 2001
Item #12CLAIMS AND PAYROLL
M/Rosenberg, S/Sandahl that the following claims and payrolls be approved:
RICHFIELD BANK & TRUST CO.
INT Checks:102039 - 102061$76,864.53
H/C106122 - 106400$611,866.91
PAYROLL24048 - 24200$463,687.36
TOTAL$1,152,418.80
Motion carried 5-0.
Item #13ADJOURN TO SPECIAL CITY COUNCIL CLOSED EXECUTIVE SESSION
IN EXECUTIVE CONFERENCE ROOM TO DISCUSS:
x
RICH ACRES GOLF COURSE PROPOSED SETTLEMENT
x
NEW FORD TOWN/RICH ACRES PARK CONDEMNATION
LITIGATION
Mayor Kirsch adjourned the meeting at 8:40 p.m. to continue with the Closed
Executive Session in the Executive Conference Room. The Mayor noted that the Council
would reconvene in the Council Chambers after the Closed Executive Session concluded.
Item #14RECONVENE REGULAR CITY COUNCIL MEETING
The Regular City Council Meeting reconvened at 9:20 p.m.
Item #15CONSIDERATION OF RICH ACRES GOLF COURSE SETTLEMENT
M/Sandahl, S/Rosenberg to accept $882,740.00 as settlement from the
Metropolitan Airports Commission (MAC) as the result of the early termination of the lease
between the City of Richfield and MAC for Rich Acres Golf Course.
Motion carried 5-0.
Council Meeting Minutes-12-April 9, 2001
ADJOURNMENT
The meeting was adjourned by unanimous consent at 9:24 p.m.
Date Approved:
Martin J. Kirsch
Mayor
Cheryl KrumholzSamantha Orduno
Recording SecretaryCity Manager