10-08-01 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
October 8, 2001
CALL TO ORDER
The meeting was called to order by Mayor Kirsch at 7:04 p.m.
ROLL CALL
Members Present:Martin Kirsch, Mayor; Gertrude Ulrich; John Enger; and Sue
Sandahl.
Members
Not Present:Susan Rosenberg.
Staff Present:Samantha Orduno, City Manager; Cheryl Krumholz, Recording
Secretary; and Corrine Thomson, City Attorney.
OPEN FORUM
No one had registered to speak. Mayor Kirsch adjourned the Open Forum portion
of the meeting by unanimous consent at 7:05 p.m.
CALL TO ORDER
The meeting was called to order by Mayor Kirsch at 7:06 p.m.
Council Meeting Minutes-2-October 8, 2001
ROLL CALL
Members Present:Martin Kirsch, Mayor; Gertrude Ulrich; John Enger; and Sue
Sandahl.
Members Not
Present:Susan Rosenberg.
M/Sandahl, S/Enger to determine the absence of Council Member Rosenberg as an
excused absence.
Motion carried 4-0.
Staff Present:Samantha Orduno, City Manager; Steven Devich, Administrative
Services Director; John Stark, Acting Community Development
Director; Mike Eastling, Public Works Director; Dan Scott, Public
Safety Director: Kevin McGinty, Fire Services Director; Jim
Topitzhofer, Recreation Services Director; Cheryl Krumholz,
Recording Secretary; and Corrine Thomson, City Attorney.
Roll Call was taken at the Open Forum; therefore, Mayor Kirsch proceeded
immediately on with the City Council meeting.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Kirsch led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Ulrich, S/Sandahl to approve the minutes of (1) Regular City Council Meeting of
September 24, 2001 and (2) Special City Council Meeting of October 1, 2001.
Motion carried 4-0.
Item #1INTRODUCTION OF CITY OF RICHFIELD FIRE SERVICES DIRECTOR
KEVIN MCGINTY
Council Meeting Minutes-3-October 8, 2001
City Manager Orduno introduced City of Richfield Fire Services Director Kevin
McGinty. She said Director McGinty’s first day of employment with the City was October 1,
2001.
Fire Services Director McGinty said he looks forward to working with the firefighters
and in Richfield.
Item #2PRESENTATION OF CERTIFICATES TO WINNERS OF THIRD GRADE
FIRE SAFETY POSTER CONTEST HELD IN CONJUNCTION WITH
NATIONAL FIRE PREVENTION WEEK AND RICHFIELD FIRE
DEPARTMENT’S ANNUAL OPEN HOUSE
Fire Services Director McGinty stated the Fire Safety Poster Contest was coordinated
by Firefighters Dennis LeMay and Mark Armstrong. He announced the following winners of
the Third Grade Fire Safety Poster Contest held in conjunction with National Fire Prevention
Week and the Richfield Fire Department’s annual Open House: Irvin Arevalo, Katelyn
*
Erickson, Jordan Goehring, Jonathan Hauri, Catalina Hemp, Breanna Henderson, Rebecca
Hendrickson, Andrea Imsdahl, Michona Johns, Kalie Johnson, Olivia Kor, Kaylee
*
Linderfelser,Aaisha Minhas, Victoria Phoulom, Shelby Richard, Josh Rumppe and Jessica
*
Stewart. (present to accept certificate)
Item #3RECOGNITION OF RICHFIELD FIRE DEPARTMENT 2000 LIFE SAFETY
ACHIEVEMENT AWARD PRESENTED BY RESIDENTIAL FIRE SAFETY
INSTITUTE AND MINNESOTA STATE FIRE MARSHAL
Fire Services Director McGinty recognized the Richfield Fire Department for the 2000
Life Safety Achievement Award, which was presented by the Residential Fire Safety Institute
and Minnesota State Fire Marshal.
Item #4PRESENTATION OF LETTER OF COMMENDATION TO RICHFIELD FIRE
DEPARTMENT B-SHIFT FROM FIRE SERVICES DIRECTOR KEVIN
MCGINTY
Fire Services Director McGinty presented a Letter of Commendation to Richfield Fire
Department B-shift. The B-shift members included: Captain Greg Knaeble, Acting Officer
Dave Buzicky, Firefighter Steve Krinhop, Firefighter Dana George, Firefighter Dale Perrault,
Firefighter Mark Armstrong and Firefighter Bruce Koke.
Fire Services Director McGinty invited the public to the Fire Services and Public
Safety Open House on October 13, from 1:00 p.m. until 4:00 p.m.
Council Meeting Minutes-4-October 8, 2001
Mayor Kirsch requested staff to post the Open House as a Special City Council
meeting because a quorum of the City Council may be present.
Item #5PRESENTATION OF RICHFIELD PLANNING COMMISSION’S BUILD WITH
VISION AWARD TO JAN SUSEE AND STEVEN KIRCHNER FOR
WOODLAKE CENTRE/OAKS ON PLEASANT/PINES PROJECT AT
LYNDALE AVENUE AND 66TH STREET
David Gepner, Planning Commission Chair, presented the Richfield Planning
Commission’s Build with Vision Award to Steven Kirchner of Richfield State Agency, Inc.
(owner) of Woodlake Centre/Oaks on Pleasant/Pines project at Lyndale Avenue and 66th
Street.
Mr. Kirchner accepted the award on behalf of Jan Susee of Susee & Lee, Ltd
(developers). He thanked the City Council, Planning Commission and community for their
support.
Mayor Kirsch encouraged people to visit the Kirchbak Sculpture Garden located in the
central campus of Woodlake Centre.
Item #6ANNUAL MEETING WITH PLANNING COMMISSION
David Gepner, Chair of the Planning Commission, reported on the commission’s
2000-2001 accomplishments.
The City Council commended the commission for meeting with other cities and
encouraged the continuation of this effort. They thanked the Planning Commission for their
work on behalf of Richfield.
COUNCIL DISCUSSION
M/Sandahl, S/Enger to determine the absence of Council Member Rosenberg from
the October 8, 2001 Special City Council Worksession as an excused absence.
Motion carried 4-0.
Council Member Sandahl suggested that, due to budget constraints, the City
Council may want to review the permit and license fees that are waived and discuss the
continuation of this practice.
Council Meeting Minutes-5-October 8, 2001
The City Council requested the fee waiver practice be placed on a future
Worksession agenda for discussion. They also requested a list of the fees that are waived
be available at the Worksession.
Council Member Enger requested that the Open Forum process be placed on a
future Worksession for re-evaluation.
The City Council agreed to a discussion of the Open Forum process at a
Worksession.
Item #7COUNCIL APPROVAL OF AGENDA
M/Ulrich, S/Sandahl to approve the agenda.
Motion carried 4-0.
Item #8CONSENT CALENDAR
A.Approved first reading of ordinance amendment to Richfield Zoning Code Section
536.17, subdivision 3; Section 536.19, subdivision 1; and Section 546.07, subdivision
4 to conform with newly adopted State Statute 462.357 S.R. No. 249
B.Approved amended resolution authorizing subdivision waiver for 6933 Penn Avenue
S.R. No. 250
RESOLUTION NO. 9100
RESOLUTION AUTHORIZING A SUBDIVISION WAIVER
6933 PENN AVENUE
This resolution appears as Resolution No. 9100 in Resolution Book No. 73.
C.Approved resolution authorizing execution of Stipulation of Final Settlement for 6501
Cedar Avenue (Parcel 17), 66th Street/T.H. 77 Interchange Project S.R. No. 251
RESOLUTION NO. 9101
RESOLUTION AUTHORIZING EXECUTION OF A
STIPULATION OF FINAL SETTLEMENT FOR 6501 CEDAR AVENUE (PARCEL 17)
(66TH STREET/TRUNK HIGHWAY 77 INTERCHANGE PROJECT
This resolution appears as Resolution No. 9101 in Resolution Book No. 73.
Council Meeting Minutes-6-October 8, 2001
D.Approved contract with Gremmer and Associates for preparation of preliminary plans
for Richfield outdoor pool renovation project in amount of $5,000 S.R. No. 252
E.Approved purchase of estimated 1,750 ton of winter deicing salt for 2001/2002 winter
season from I.M.C. Salt, Inc., Overland Park, Kansas in amount of $39.02 per ton,
delivered, plus sales tax S.R. No. 253
F.Approved resolution granting lawful gambling license renewal, with fee waiver, for
Minneapolis-Richfield American Legion Post #435, 6501 Portland Avenue S.R. No.
254
RESOLUTION NO. 9102
A RESOLUTION GRANTING APPROVAL FOR THE MPLS-RICHFIELD AMERICAN
LEGION POST #435 TO CONDUCT LAWFUL GAMBLING
This resolution appears as Resolution No. 9102 in Resolution Book No. 73.
G.Approved itinerant place of amusement and itinerant food license, with fee waiver, for
Church of St. Richard, 7540 Penn Avenue, annual Fall Festival on November 17 and
18, 2001 S.R. No. 255
H.Approved residential kennel license renewal for 7144 Oliver Avenue, three dogs S.R.
No. 256
M/Sandahl, S/Ulrich to approve the Consent Calendar.
Motion carried 4-0.
Item #9CONSIDERATION OF RESOLUTION ORDERING ASSESSMENT ON PENN
AVENUE BRIDGE PROJECT WITH $7,328,627.78 SPECIAL ASSESSMENT
LEVIED AGAINST BEST BUY CO., INC.S.R. NO. 257
City Manager Orduno reviewed Staff Report No. 257 regarding consideration of a
resolution ordering the assessment on the Penn Avenue Bridge Project with a
$7,328,627.78 special assessment levied against Best Buy Co., Inc. She said the
assessment amount was revised upon City Attorney review.
M/Sandahl, 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. 9103
RESOLUTION ADOPTING ASSESSMENT ON
PENN AVENUE BRIDGE PROJECT
Motion carried 4-0. This resolution appears as Resolution No. 9103 in Resolution
Book No. 73.
Council Meeting Minutes-7-October 8, 2001
Item #10CONSIDERATION OF DOMINIUM’S REQUEST FOR FIVE PERMANENT
SIGNS AND FOUR LONG-TERM TEMPORARY SIGNS FOR CENTURY
COURT APARTMENTS AT PENN AVENUE AND 76TH STREETS.R. NO.
258
City Manager Orduno reviewed Staff Report No. 258 regarding the consideration of
Dominium’s request for five permanent signs and four long-term temporary signs for
Century Court Apartments at Penn Avenue and 76th Street.
Council Member Enger asked why this request varies so much from the sign
ordinance passed in June.
Acting Community Development Director Stark explained the temporary signs are
due to the closure of Penn Avenue and the lack of visibility. This is in keeping with other
businesses, i.e. Galyan’s. He said the permanent signs are due to the loss of street
visibility with the taking of the racket club facility and the expansiveness of the property.
He said the current ordinance regulates signage on a per property basis, not on the size of
the complex.
City Attorney Thomson stated she recommended staff review the total site and view
the variance request as though under planned unit development regulations. She
suggested staff consider if signage is appropriate to the development and consistent
generally, with the way the staff has approached similar situations. She suggested only
proposals that the City could live with long term be accepted. She said this is a unique
property.
Council Member Enger said he didn’t understand the need for additional signage
because the racket ball club is lost.
Acting Community Development Director Stark said the building had wall signs on it
for leasing information.
Council Member Enger asked if the wall signs had been approved by the City
Council.
Acting Community Development Director Stark said the regulations had been met
for these temporary signs and did not need Council approval.
Council Member Enger stated five permanent signs seemed outrageous to him and
questioned their size and placement.
City Manager Orduno said granting the variance is a City Council policy decision
and the rationale has met the legal tests.
Council Member Sandahl said she was comfortable with the staff review and liked
the permanent entry markers as a plus for the community.
Council Meeting Minutes-8-October 8, 2001
Ron Mehl, Dominium Properties representative, distributed pictures of other
properties in Richfield with similar signage as requested by Dominium. He explained the
rationale for the signage and that they were trying to establish a more permanent
community feeling. He spoke about the planned improvements for Century Court
apartments to reposition themselves in the community and improve the image of the
property.
Council Member Enger asked if the sign ordinance approved in June applies to only
new signs.
City Attorney Thomson said pre-existing signs would remain the same. This
variance request is before the City Council because the signs do not conform to the
ordinance; if they did, only a permit would be necessary. She said the variance would only
apply to this property and is not intended to be applied to other properties.
Council Member Ulrich stated that viewing this property as a planned unit
development when it is not, is a way to get around the current ordinance.
City Attorney Thomson said a planned unit development view was the framework
used to consider the variance.
Council Member Enger asked about the likelihood of other apartments coming to
the City Council with a similar request.
City Manager Orduno said this would be hard to quantify, but that possibility does
exist. She said this Century Court complex is the largest in Richfield. She said if the
variance is granted, nothing precludes others from making a similar request.
Council Member Ulrich said she objected to the large variation from the ordinance.
She said if Richfield continues to be successful, other apartments may combine and make
a similar sign request. She said every owner believes their case to be exceptional.
Mr. Mehl said he did not believe Dominium’s request to be any different than the
signage at other complexes.
Mayor Kirsch said the elimination of the building signs was an improvement and the
complex size is unique.
Council Member Ulrich said the signs will not look out of place when Best Buy is
constructed and knows the signs will be well constructed and maintained. She expressed
concern about possible future sign variation requests. She said she would support the
Dominium sign request, but with great reluctance because of a concern about future
similar complexes who may expect the same treatment.
Larry Wozniczka, 6744 Wentworth Avenue, questioned the location of the
commercial sign in the Citgo area.
City Attorney Thomson said this sign would be addressed by the City Council as the
next agenda item. She said this sign is before the City Council so a complete package is
presented.
Council Meeting Minutes-9-October 8, 2001
Mr. Wozniczka suggested a Welcome to Richfield indication be on the sign because
it is a gateway to the City. He urged the City Council to exercise caution in approving the
variance and said he thought variances required a public hearing.
City Attorney Thomson said the sign could not be turned into a billboard and used
for off-premise advertising.
Council Member Sandahl said the City would be very appreciative if Dominium
included a Welcome to Richfield indication on the sign.
M/Sandahl, S/Kirsch 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. 9104
RESOLUTION FOR SPECIAL COUNCIL APPROVAL FOR
MULTIPLE SIGN PERMIT REQUESTS FOR
CENTURY COURT APARTMENTS
(DOMINIUM DEVELOPMENT AND ACQUISITIONS, LLC)
Motion carried 3-1. (Enger opposed.) This resolution appears as Resolution No.
9104 in Resolution Book No. 73.
Item #11CONSIDERATION OF STIPULATION OF SETTLEMENT FOR PARCEL 2
(CENTURY COURTS APARTMENTS) OF PENN AVENUE BRIDGE
PROJECT S.R. NO. 259
City Manager Orduno reviewed Staff Report No. 259 regarding consideration of a
Stipulation of Settlement for Parcel 2 (Century Courts Apartments) of the Penn Avenue
Bridge Project.
Council Member Sandahl stated that the tennis court building is removed, but the
swimming pool remains.
City Manager Orduno said this would make a safer intersection.
Council Member Enger asked about the $525,000 settlement.
Ron Mehl, Dominium Properties representative, said the settlement covered the lost
rent from the tenant in the building, the reduction in rent because the street will be closer to
some of the apartments and Dominium is losing pieces of land. He said the City had
conducted an appraisal.
Public Works Director Eastling stated that discussions on this issue were difficult
and direct and indirect impacts were considered. He said both parties compromised.
Council Meeting Minutes-10-October 8, 2001
Council Member Enger asked about the appraisal value of the remnant parcel for
the sign.
Public Works Director Eastling said it included the mitigative parcel but it was too
small for a building. He said the adjacent property owner would take over maintenance of
the parcel.
Larry Wozniczka, 6744 Wentworth Avenue, questioned Dominium’s long range
intention for the land, if it might be used commercially.
Mr. Mehl replied the only intended use is for one sign.
City Attorney Thomson said that the City Council’s previous action clarified use of
the mitigative parcel.
Council Member Enger asked who paid for the removal of the underground storage
tanks, including contaminated land at the Citgo site.
Public Works Director Eastling replied this was part of the Penn Avenue bridge
demolition costs.
Council Member Sandahl said she trusted Dominium to make an attractive entrance
to Richfield.
Mr. Mehl said that was the intent.
M/Sandahl, S/Ulrich to approve the Stipulation of Settlement for Parcel 2 (Century
Courts Apartments) of the Penn Avenue Bridge Project.
Motion carried 3-1. (Enger opposed.)
Item #12CONSIDERATION OF WORKERS’ COMPENSATION CLAIM
SETTLEMENTS.R. NO. 260
City Manager Orduno reviewed Staff Report No. 260 regarding consideration of a
workers’ compensation claim settlement. She said the employee’s voluntary resignation
date had been changed to September 10, 2001.
M/Ulrich, S/Enger to approve the stipulation of settlement subject to final approval of
the stipulation language by all parties involved.
Motion carried 4-0.
Council Meeting Minutes-11-October 8, 2001
Item #13UPDATE ON PLAN RELATED TO PORTABLE TEMPORARY SPEED
HUMPS ON 70TH STREET
Public Works Director Eastling reviewed the limitations on the use of the portable
temporary speed humps, including that they are not winter-hardy. He added that St. Paul
staff indicated it had been their experience that a one-month trial in any particular area was
sufficient to allow the neighborhood to judge the acceptability of the humps. He said that if
the City Council accepted a one-month trial instead of the six-month trial, the
neighborhood would be notified of the change.
Council Member Enger said that if a more accurate test is needed, the temporary
speed humps could be used again in the spring.
Public Works Director Eastling said the cost to rent the humps is $500 a month.
Mayor Kirsch asked if other cities had temporary, portable humps that Richfield
could use.
Public Works Director Eastling replied no.
The City Council agreed to a one-month trial period for the portable speed humps
on 70th Street, with the humps removed in mid-November; then staff is to assess the
effectiveness and neighborhood acceptability.
CITY MANAGER’S REPORT
City Manager Orduno stated the American flags along 66th Street would be
removed on October 12 due to the approaching weather changes. She said the City had
received numerous positive comments about the flags being displayed.
Council Member Enger suggested the City invite the American Legion and VFW to
donate flagpoles for installation at new sites in Richfield so the flags could fly year round.
Item #14CLAIMS AND PAYROLL
M/Sandahl, S/Ulrich that the following claims and payrolls be approved:
Council Meeting Minutes-12-October 8, 2001
RICHFIELD BANK & TRUST CO.
INT Checks:107344 - 110433$131,198.64
H/C110802 - 111145$1,580,304.97
PAYROLL26766 – 26779; 27116 - 27270$467,299.75
TOTAL$2,178,803.36
Motion carried 4-0.
OPEN FORUM
No one spoke.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 8:32 p.m.
Date Approved:
Martin J. Kirsch
Mayor
Cheryl KrumholzSamantha Orduno
Recording SecretaryCity Manager