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111411regular CITY COUNCIL MEETING MINUTES RICHFIELD Richfield, Minnesota Regular Meeting November 14, 2011 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:00 p.m. ROLL CALL Members Present: Debbie Goettel, Mayor; Pat Elliott; Sue Sandahl; Fred Wroge; and Tom Fitzhenry. Staff Present: Steven L. Devich, City Manager; John Stark, Community Development Director; Mike Eastling, Public Works Director; Jim Topitzhofer, Recreation Services Director; Melissa Poehlman, City Planner; Corrine Heine, City Attorney; and Cheryl Krumholz, Executive Coordinator. OPEN FORUM Russ Susag, 6500 Woodlake Drive, acknowledged the Richfield Symphonic Orchestra's participation in the Veterans Day event in Inver Grove Heights. Eric Rodel, 7601 Pillsbury Avenue, expressed concerns regarding the proposed development on the former City garage site. Barry LeBlanc, 7531 Pillsbury Avenue, expressed concerns regarding Richfield housing and the proposed development on the City's former garage site. Luke Bonawitz, 7615 Garfield Avenue, expressed concern regarding the quality of work by Ron Clark (developer of proposed project at former City garage site) and questioned the future vision of Richfield. Ann Somers, 7527 Grand Avenue, expressed concerns regarding the proposed Pillsbury Commons development. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. Council Meeting Minutes -2- November 14,2011 APPROVAL OF MINUTES M/Wroge, S/Sandahl to approve the minutes of(1) Special City Council Worksession of October 25, 2011 and (2) Regular City Council Meeting of October 25, 2011. Motion carried 5-0. Item #1 ANNUAL MEETING WITH PLANNING COMMISSION Rick Jabs, Planning Commission Chair, reported on the 2010-11 commission accomplishments. Item #2 COUNCIL DISCUSSION • HATS OFF TO HOMETOWN HITS Council Member Fitzhenry announced Best Buy has become a Beyond the Yellow Ribbon Corporation. Council Member Fitzhenry acknowledged the success of the November 12, 2011 Municipal Center open house. Mayor Goettel announced the appointment of an HRA Commissioner will now be a process similar to the advisory commission recruitment and encouraged residents to apply. Council Member Wroge stated he received a request from a resident to have the City consider putting up Christmas decorations at the 66th Street and Portland Avenue roundabout and other major intersections in Richfield. City Manager Devich stated there are economic concerns as well as seeking Hennepin County approval on their roads but if the City Council wished, the costs could be included in the budget. Council Member Elliott suggested a joint effort with the Chamber of Commerce to cover costs. Council Member Wroge discussed his concerns regarding the proposed Ron Clark project for the development of the former garage site. He stated he would not vote affirmatively for any zoning or any other changes unless the project returned to the original plan presented. He expressed concern that the Request for Proposal targeted certain populations. He also mentioned parking issues and 77th Street access. Council Member Wroge suggested the City clear the land to make green space and ask developers what project would work there. He said single family residential is not an option now. Council Member Elliott stated he generally agreed with Council Member Wroge that as the project stands now, he is opposed to it. Item #3 COUNCIL APPROVAL OF AGENDA Council Meeting Minutes -3- November 14,2011 M/Fitzhenry, S/Sandahl to approve the agenda. Motion carried 5-0. Item #4 CONSENT CALENDAR A. Consideration of approval of continuing public hearing to December 13, 2011 regarding final plat approval for 6700-6758 Portland Avenue (site of City Hall and Heredia Park) S.R. No. 214 B. Consideration of approval of first reading of ordinance amending Richfield City Code Appendix D establishing change in fees and scheduling second reading for December 13, 2011 S.R. No. 215 C. Consideration of approval of first reading of amending ordinances related to Minnehaha Creek Watershed District Erosion Control Rule and Wetland Protection Rule and scheduling second reading for December 13, 2011 S.R. No. 216 D. Consideration of approval of first reading of ordinance amending Subsection 537.13; Subd. 2 related to expansion of dimensional or bulk nonconformities in Mixed Use Districts and scheduling second reading for December 13, 2011 S.R. No. 217 E. Consideration of approval of participating in National Joint Powers Agreement cooperative purchasing program S.R. No. 218 F. Consideration of approval of two-year use and indemnification agreement between City of Richfield and Tom Price for rental of 4,690 square-foot strip of land along edge of Lincoln Field S.R. No. 219 G. Consideration of approval of Richfield Municipal Center change order report for aggregate net effect of$71,788.83 in items included within project budget S.R. No. 220 H. Consideration of approval of request for renewal of 2012 currency exchange licenses for New Unbank Company, LLC; 6421 Penn Avenue; and Los Gallos 12, Inc., 6539-B 14th Avenue S.R. No. 221 I. Consideration of approval of scheduling public hearing on December 13, 2011 for new secondhand goods dealer license for Los Gallos Richfield, Inc., 6539-14th Avenue S.R. No. 222 J. Consideration of approval of scheduling public hearing on December 13, 2011 for renewal of 2012 pawnbroker and secondhand goods dealer licenses for Metro Pawn and Gun, Inc. and University Cash Company, LLC, d/b/a Avi's Pawn and Jewelry S.R. No. 223 K. Consideration of approval of scheduling public hearing on December 13, 2011 for renewal of 2012 on-sale wine and on-sale 3.2 percent malt liquor licenses for Red Pepper Chinese Restaurant, Thompson's Fireside Pizza, Chipotle Mexican Grill of Colorado, LLC d/b/a Chipotle Mexican Grill; Patrick's Bakery & Café; Lariat Lanes; The Noodle Shop-Colorado, Inc. d/b/a Noodles and Company and Joy's Pattaya Thai Restaurant S.R. No. 224 L. Consideration of approval of scheduling public hearing on December 13, 2011 for renewal of 2012 on-sale intoxicating and Sunday liquor licenses for Khan's Mongolian Barbeque; Champps Operating Corporation d/b/a Champp's Restaurant; Minneapolis-Richfield American Legion Post 435; Fred Babcock VFW Post No. 5555 d/b/a Four Nickels Food and Drink; Don Pablo's Operating Corporation d/b/a Don Pablo's; Wiltshire Restaurants, LLC d/b/a Houlihan's Restaurant & Bar; The Frenchmans; El Tejaban Mes. Grill; and Richfield Hotel Associates S.R. No. 225 M/Goettel, S/Wroge to approve the Consent Calendar. Motion carried 5-0. Item #5 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR Council Meeting Minutes -4- November 14,2011 None. Item #6 CONSIDERATION OF RESOLUTION AMENDING RICHFIELD COMPREHENSIVE PLAN DESIGNATING 609 74TH STREET WEST AS NEIGHBORHOOD COMMERCIAL; 7401 LYNDALE AVENUE AS COMMUNITY COMMERCIAL; AND WEST 140 FEET OF 7421 LYNDALE AVENUE AS COMMUNITY COMMERCIAL (STAFF REPORT NO. 226) Council Member Sandahl presented Staff Report No. 226. Tom Price, Woodlawn Terrace owner, requested changes to the proposed zoning amendment. City Planner Poehlman explained the building height difference allowed in an MR-2 and MR- 3 and that the neighbors to the north may have a concern. She added that unless a proposed development is presented, it may be premature to increase the density. Jim Erickson, development consultant for Mr. Price, explained the request for a deeper commercial zone and an MR-3 designation on the remainder to the east if there is any redevelopment to replace the existing trailer court use. He stated Mr. Price had no objections to the Comprehensive Plan changes and rezoning as they affect only 609 74th Street W. Mark Nichols, 609 74th Street W owner, stated he had no objections to Mr. Price's plan and requested the process for his property (609 74th Street) proceed only if it does not disadvantage Mr. Price's revision. M/Sandahl, S/Goettel that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10572 RESOLUTION AMENDING THE CITY'S COMPREHENSIVE PLAN CHANGING THE DESIGNATION OF 609 WEST 74TH STREET TO "NEIGHBORHOOD COMMERCIAL"AND 7401 LYNDALE AVENUE AND THE WEST 140 FEET OF 7421 LYNDALE AVENUE TO "COMMUNITY COMMERCIAL" Motion carried 5-0. This resolution appears as Resolution No. 10572. Item #7 CONSIDERATION OF FIRST READING OF ORDINANCE REZONING 609 74TH STREET WEST FROM MULTI-FAMILY RESIDENTIAL (M-2) TO SERVICE OFFICE AND REZONING ALL BUT WEST 140 FEET OF 7421 LYNDALE AVENUE FROM NEIGHBORHOOD BUSINESS (C-1) TO MULTI-FAMILY RESIDENTIAL (MR-2) AND SCHEDULING SECOND READING FOR DECEMBER 13, 2011 (STAFF REPORT NO. 227) Council Member Fitzhenry presented Staff Report No. 227. City Planner Poehlman stated the applicant has been notified of the extension of the deadline for issuing a decision due to the date of City Council meetings. She added the staff Council Meeting Minutes -5- November 14,2011 recommendation is to rezone the site to match the Comprehensive Plan and continue discussions with Mr. Price on his requested changes. City Planner Poehlman explained the public hearing process which provides neighbors the opportunity to voice any concerns. Jim Erickson, Development Consultant, stated no objection to proceeding tonight and readdressing their proposed changes on December 13. M/Fitzhenry, S/Goettel to consider first reading of ordinance rezoning 609 74th Street West from Multi-Family Residential (M-2) to Service Office (SO) and rezoning all but west 140 feet of 7421 Lyndale Avenue from Neighborhood Business (C-1) to Multi-Family Residential (MR-2) and scheduling second reading for December 13, 2011. Motion carried 5-0. Item #8 CONSIDERATION OF RENEWING EXISTING LEASE AGREEMENT BETWEEN CITY OF RICHFIELD AND HAT TRICK HOCKEY, INC. (STAFF REPORT NO. 228) Council Member Wroge presented Staff Report No. 228. Council Member Wroge suggested the City seek an alternative solution for this site in case the business does not succeed. Recreation Services Director Topitzhofer stated that if the site became vacant, its use could be internal for recreation programs. Randy Reed, Hat Trick Hockey, Inc. owner, discussed his business operation. M/Wroge, S/Fitzhenry to renew the existing lease agreement between City of Richfield and Hat Trick Hockey, Inc. Motion carried 5-0. Item #9 CITY MANAGER'S REPORT None. Item #10 CLAIMS AND PAYROLLS M/Fitzhenry, S/Sandahl that the following claims and payrolls be approved: U.S. Bank 11/8/2011 A/P Checks: 207995-208353 $ 1,468,351.05 Payroll: 79235-79556 41864-41865 $ 523,967.48 TOTAL $ 1,992,318.53 Motion carried 5-0. Council Meeting Minutes -6- November 14,2011 OPEN FORUM None. ADJOURNMENT The City Council meeting was adjourned by un- imou coy "tat 8: • p. .. • ,,- ' • Date Approved: December 13, 2011 v PO Mayo 1A01 Cheryl Krumho z -Steven LL. Devich Executive Coordinator City Manager