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06-13-06 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting June 13, 2006 The meeting was called to order by Mayor Kirsch at 6:32 p.m. Members Present: Martin Kirsch, Mayor; Sue Sandahl (arrived at 9:35 p.m.); Fred Wroge; Susan Rosenberg; and Bill Kilian. Staff Present: Steve Devich, City Manager; Mike Eastling, Public Works Director; Bruce Palmborg, Community Development Director; Dan Scott, Public Safety Director; Brad Sveum, Fire Services Director; Chris Regis, Finance Manager; Pat Smith, Community Development Manager; Bruce Nordquist, Housing and Redevelopment Manager; Christine Costello, Community Development Coordinator; Tom Foley, Transportation Engineer; Cheryl Krumholz, Recording Secretary; and Corrine Thomson, City Attorney. No one was registered to speak. Mayor Kirsch led the audience in the Pledge of Allegiance. Council Member Wrage requested the May 30, 2006 Special City Council Worksession minutes be tabled because he did not agree with certain consensus points stated in the minutes and wanted the audio tape listened to for clarification. City Attorney Thomson explained the City Council could table consideration of the minutes to the next meeting or amend the minutes this evening. Council Meeting Minutes -2- June 13, 2006 M/Wroge, S/Kilian to table consideration of the May 30. 2006 Special City Council Worksession minutes. have staff listen to the audio tape. and return with revised minutes at the next ReQular City Council meetinQ. Motion carried 4-0. Council Member Wroge stated his concern that it may appear decisions were made at the Worksession and if that is the case; there may be a need to revisit that issue. M/Kilian, S/Wroge to approve the minutes of (1) Special City Council Worksession of May 23. 2006; and (2) ReQular City Council MeetinQ of May 23. 2006. Motion carried 4-0. Item #1 Council Member Rosenberg presented to Mark Olson, Human Rights Commission Chair, a proclamation designating June 2006 as Gay, Lesbian, Bisexual, Transgender Pride Celebration Month in Richfield. It m#2 Council Member Rosenberg presented to Nicole York, founder of "Shoes For Students", the 34th Annual Gene and Mary Jacobsen Outstanding Citizen of the Year Award. It m #3 Mark Olson, Human Rights Commission Chair, presented the Human Rights Commission annual report. The City Council thanked the commission for all their work. Item #4 Public Safety Director Scott swore in Richfield Police canines, Duke and Wojo. The City Council thanked all the businesses and groups for providing funding for this program. Council Meeting Minutes -3- June 13, 2006 Item #5 Council Member Kilian presented Certificates of Appreciation to Miss Richfield Ambassadors: Erin Adams Caitlin Gerdes LaTecia Hilliard Thuy Nguyen- Tran Katie Sausen Suzi Sicheneder Amra Zahirovic Caitlin Etienne Cara Gorman Christina Kersten Katie Robison Stephanie Schauer Courtney Symons Council Member Wroge presented Certificates of Appreciation to Little Miss Richfield Ambassadors: Phoenix Carson Annabel Higgin-Houser Kalaya Kilzer Megan Shaw Jordan Strating Julia Joy Wenshau Riley Dilworth Alexis Johnson Ellie Maurer Nikki Stalcar Eliana Welbes Item #6 Russ Susag, Richfield Tourism Promotion Board Chair, presented the board's financial report for the year ended December 31,2005. Mr. Susag requested the board have representation in the Celebrations Commission to assist in preparing for the upcoming centennial celebration. Item #7 Mayor Kirsch stated the auditors work for the City Council and staff only provides information as requested. Tom Hodnefield, HLB Tautges Redpath, Ltd., presented a summary of the Comprehensive Annual Financial Report (CAFR) which was previously reviewed by City management staff. He described the three audit reports and summary of audit findings. City Manager Devich thanked Finance Manager Chris Regis and the Finance staff for their excellent quality work. Council Meeting Minutes -4- June 13, 2006 The City Council thanked staff for their efforts in preparing and monitoring the City's financial reports. M/Kilian, SlWroge to accept the Comprehensive Annual Financial Report of the City for the year ended December 31,2005. Motion carried 4-0. Item #8 Mayor Kirsch presented the Government Finance Officers Association Distinguished Budget Presentation Award to Finance Manager Chris Regis. Item #9 Council Member Rosenberg announced the Richfield Beautiful Home and Garden Tour on June 24. Council Member Rosenberg acknowledged the Arts Commission "Paint Out" at Wood Lake Nature Center this past weekend. The City Council discussed participating in the July 4 parade. M/Kilian, SlWroge to have the City Council participate in the Julv 4 parade. Motion carried 4-0. Item #10 Mayor Kirsch announced Item #20 is being removed from the agenda because further review is needed by the HRA before it comes before the City Council. M/Rosenberg, SlWroge to approve the aQenda as amended. Motion carried 4-0. Item #11 A. Approved resolution revising just compensation for single family residential property at 6633- 17th Avenue S.R. No. 109 Council Meeting Minutes -5- June 13, 2006 RESOLUTION NO. 9765 RESOLUTION ESTABLISHING REVISED JUST COMPENSATION AND AUTHORIZING PURCHASE OF REAL PROPERTY LOCATED AT 6633 17th Avenue This resolution appears as Resolution No. 9765. B. Approved resolution authorizing Public Safety Department's acceptance of $1 ,600 donation from Fred Babcock VFW Post 5555 for Police canine unit SR. No. 110 RESOLUTION NO. 9766 RESOLUTION AUTHORIZING RICHFIELD PUBLIC SAFETY/POLICE TO ACCEPT A DONATION OF $1,600 FROM THE FRED BABCOCK VFW POST 5555 This resolution appears as Resolution No. 9766. C. Approved resolution authorizing City of Richfield Public Safety Department to participate jointly with Minnesota State Patrol in agreement with and acceptance of grant funds from State of Minnesota, Commissioner of Public Safety, to pay overtime to officers involved in Operation NightCAP S.R. No. 111 RESOLUTION NO. 9767 RESOLUTION AUTHORIZING THE CITY OF RICHFIELD/POLICE TO PARTICIPATE JOINTLY WITH THE MINNESOTA STATE PATROL IN AN AGREEMENT WITH AND TO RECEIVE GRANT FUNDS FROM THE STATE OF MINNSOTA, COMMISSIONER OF PUBLIC SAFETY, TO PAY OVERTIME TO OFFICERS INVOLVED IN OPERATION NIGHTCAP This resolution appears as Resolution No. 9767. D. Approved relocating stop sign on west leg of 67th Street and Lakeview Avenue to south leg S.R. No. 112 E. Approved amendment of commercial lease with MnDOT and amendment to license agreement with Transmission Shop, Inc., 6528 Cedar Avenue, for parking lot at Cedar Avenue and Diagonal Boulevard S.R. No. 113 F. Approved setting public hearing for June 27,2006 to consider new pawnbroker and secondhand good dealers license for University Capital Cash LLC d/b/a Hy's Pawn & Jewelry, 6414 Nicollet Avenue S.R. No. 114 M/Rosenberg, SlWroge to approve the Consent Calendar. Motion carried 4-0. Item #12 None. Council Meeting Minutes -6- June 13, 2006 Item #13 Council Member Wroge presented Staff Report No. 115. M/Wroge, S/Kilian that the followinQ resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 9768 RESOLUTION ESTABLISHING JUST COMPENSATION AND AUTHORIZING PURCHASE OF REAL PROPERTY LOCATED AT 6617 PORTLAND AVENUE, 6621 PORTLAND AVENUE, AND 6625 PORTLAND AVENUE (66TH STREET AND PORTLAND AVENUE INTERSECTION IMPROVEMENT PROJECT) Council Member Wroge asked about the land along the front of Veterans Park along 66th Street and how the DNR issue regarding parkland relates. Public Works Director Eastling explained these are remnant parcels from the BP Amoco property and included as part of the intersection improvement project. There is no issue with the DNR, more parkland will be returned than taken. Council Member Wroge asked about the review appraiser's recommendations on the three properties and the differences in taxable valuation. Public Works Director Eastling explained recommendations were based upon full appraisals. Council Member Wroge asked about the funding. Public Works Director Eastling explained the funding options and timeframes. Single-family homeowners are trying to be accommodated before businesses. Motion carried 4-0. This resolution appears as Resolution No. 9768. Item #14 Council Member Rosenberg presented Staff Report No. 116. M/Rosenberg, S/Kilian to close the public hearinQ. Motion carried 4-0. Council Member Wroge asked about this person needing to pay for this easement. Council Meeting Minutes -7- June 13, 2006 Public Works Director Eastling explained the typical process and procedure for use as a public purpose. The owner was compensated when the land was originally purchased but it now is not needed for highway purposes. The fees to be paid now are processing fees only. M/Rosenberg, S/Kilian that this constitutes the second reading of Bill No. 2006-7. Transitory Ordinance 18.35 to vacate the right-of-wav easement on 6996 Humboldt Avenue. subiect to a drainage and utilitv easement. that it be published in the official newspaper and that it be made part of these minutes. Motion carried 4-0. Item #15 Council Member Rosenberg presented Staff Report No. 117. M/Rosenberg, S/Kilian to close the public hearing. Motion carried 4-0. Council Member Rosenberg stated she has reservations of an auto sales business on Penn Avenue but there is no reason to not approve this CUP since all stipulations have been met. M/Rosenberg, SlWroge that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 9769 RESOLUTION AUTHORIZING RENEWAL OF A TEMPORARY CONDITIONAL USE PERMIT FOR AUTO SALES AND LEASING AT 6529 PENN AVENUE Council Member Rosenberg asked about the redevelopment plan for Penn Avenue as it relates to auto sales businesses. Community Development Director Palmborg explained Phase I of the Penn Avenue visionary is complete and Phase II is underway. This use, as well as others, will be carefully scrutinized. Council Member Rosenberg asked what would move onto the property when the car sales moves down the street. Community Development Director Palmborg stated his understanding is there is another use for this site; not used car dealership but a retail business. The CUP stays with the property so another dealership could not be stopped. Motion carried 4-0. This resolution appears as Resolution No. 9769. Council Meeting Minutes -8- June 13, 2006 Item #16 Council Member Rosenberg presented Staff Report No. 118. Mark Case, Director of Business Services, District 287, explained the agreement just reached on the driveway issue for the property at 75th Street/Sheridan Avenue. Mark Thiede, TSP architect, explained the site plan, landscaping and interior building layout. Council Member Wroge asked about the gym size and if it was available for use by Richfield organizations. Mr. Case said the gym is large enough to meet physical education requirements and would be available to others. Council Member Wroge asked about the height of the building since there was a recent discussion about the height of a proposed City Hall in a residential area. Mr. Thiede stated the bulk is two levels with the center at three levels. Council Member Wroge asked about the location of the day care facilities and the neighborhood impact. Mr. Thiede explained the location and landscaping. Council Member Rosenberg asked if more programs are being offered, if there will be students with discipline problems and how the neighborhood responded to changes. Mr. Case explained the strategic plan for the district. He also discussed the student programs. Mayor Kirsch stated the suggestions and concerns raised at the neighborhood meetings were accommodated in the plan. Council Member Wroge asked about the setback from the lot line on the north. Mr. Thiede explained the setbacks of a minimum of 30 feet. Council Member Kilian asked about the hours of operation. Mr. Case said the hours are predominately weekdays with minimal weekends. M/Rosenberg, S/Kilian to close the public hearinq. Motion carried 4-0. M/Rosenberg, S/Kirsch that the followinq resolution be adopted and that it be made part of these minutes: Council Meeting Minutes -9- June 13, 2006 RESOLUTION NO. 9770 RESOLUTION AUTHORIZING AN AMENDED CONDITIONAL USE PERMIT FOR EDUCATIONAL FACILITY WITH ACCESSORY DAY CARE AT FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF PENN AVENUE AND 75TH STREET Item #17 Motion carried 4-0. This resolution appears as Resolution No. 9770. Council Member Wroge presented Staff Report No. 119. M/Rosenberg, SlWroge to close the public hearina. Motion carried 4-0. MlWroge, S/Kilian that this constitutes the second readina of Bill No. 2006-8. Transitory Ordinance 18.36 authorizina the construction of the Lime Sludae Filter Press Replacement Proiect. that it be published in the official newspaper and that it be made part of these minutes; and that the followina resolution be adopted and that it be made part of these minutes: Item #18 RESOLUTION NO. 9771 RESOLUTION APPROVING SUMMARY PUBLICATION OF A TRANSITORY ORDINANCE APPROVING A CAPITAL IMPROVEMENT PROJECT FOR THE REPLACEMENT OF THE LIME SLUDGE FILTER PRESSES, PURSUANT TO RICHFIELD CITY CHARTER SECTION 8.04 Motion carried 4-0. This resolution appears as Resolution No. 9771. Council Member Kilian discussed the major points of the Cedar Point project including history, current application and next steps. . Council Meeting Minutes -10- June 13, 2006 Council Member Kilian presented Staff Report No. 120. Bill McHale and Gerald Klitz, Ryan Companies US, Inc., discussed the development update, including site plan history, traffic access related to roundabout intersection, parking lot access, traffic calming measures for 17th Avenue, pedestrian access, landscaping, architecture design, and site amenities unique to Richfield and regional. Council Member Wroge stated concern regarding parking because he believes there will not be many pedestrians using Target and Home Depot. Mr. McHale stated there is a 20% decrease in parking space because walking and use of public transportation are encouraged. Council Member Wroge asked about other options for trucks leaving the site other than through the roundabout because of potential turning problems. Mr. McHale said the roundabout is designed with mountable curbs to accommodate that traffic. Mr. Klitz added that the roundabout is designed by national standards to accommodate semi trucks and other traffic. Council Member Wroge asked about the buildings to the west on 17th Avenue being in the abatement area. Mr. McHale explained that is another phase that they're trying to tie into when they can but it is not part of the initial plat. The financing is proposed as tax increment. Mayor Kirsch asked about trucks having scheduled deliveries. Mr. McHale stated they are working with staff to establish criteria to maintain the quality of life for the neighborhood. Council Member Sandahl arrived at 9:35 p.m. City Attorney Thomson stated all three public hearings could be held at the same time since the items are integrated in nature. Mr. McHale requested the resolution on the final development plan and conditional use permit be amended to remove the ongoing condition and requirement for shopping carts to have wheel-locking devises. Targetis not in agreement with that condition and said they will monitor the carts themselves. Council Member Wroge stated he would not support removal of this requirement since shopping carts are all over Richfield and they area problem to get businesses to handle. Bernard Hurley, 6417 17th Avenue, spoke about truck traffic concerns for the homes remaining on 17th Avenue, safety issues for children, and requested all three access points on 17th Avenue be filled in with a berm to reopen again in five years. Community Development Manager Smith explained the status of the proposed Phase II multi-housing west of 17th Avenue, which could occur in the next two years. Council Member Kilian said there is a strong financial impetus to try to accomplish Phase II because of the tax increment financing clock. Council Meeting Minutes -11- June 13, 2006 Council Member Wroge questioned how multi-family housing will work if the environment is the same. Community Development Manager Smith explained the development and architecture can be designed to accommodate aircraft noise. Multi-family housing is planned as the buffer between Cedar Point and single family homes. Eric Bucich, 6338 17th Avenue, spoke about traffic calming options on 17th Avenue and 63rd/64th/65th Avenues. Community Development Manager Smith explained the buildings were flipped to put the service noise against Cedar Avenue and a proposed boulevard with bikeways for 17th Avenue. Andy Hartle, 6332 17th Avenue, spoke about the closure of the frontage road around the lake on 63rd Street to Bloomington Avenue because it's used as a bikeway to Minneapolis and proposed putting a new City Hall at 16th/17th Avenues. Community Development Manager Smith explained the road around Taft Park stays in place. Phase II includes Bloomington Avenue connecting to 17th Avenue so vacating could be revisited. The road is owned by Minneapolis and they appear to be interested in vacation. Nate Nelson, 6401 16th Avenue, spoke about his concerns regarding truck traffic on 16th Avenue. Public Works Director Eastling discussed various options to address these potential traffic concerns. Council Member Kilian stated some traffic concerns related to redevelopment are not borne out but the City will be responsive to mitigate any impacts. Patty Gernbacher, 6414 17th Avenue, spoke about pedestrian and children safety and rerouting traffic to 66th Street through the parking lot, closing the access to 17th Avenue. Mayor Kirsch stated this area, Phase I, has always been shown as commercial. Phase II will be done as soon as possible with traffic conflicts addressed. The project needs to move forward. . Ms. Gernabacher asked about the status of the funding for Phase II. Community Development Manager Smith explained financing options for 17th Avenue. The developer would buy the properties with TIF available to spur the development. Council Member Sandahl said neighborhood impacts will be closely monitored. Mr. Harley said he is not opposed to the project but is opposed to the traffic. Rick Lindberg, 6338 17th Avenue, spoke about airport noise concerns when there's no buffer during construction. Larry Wozniczka, 6744 Wentworth Avenue, spoke about repositioning the main entrance to the project to the east, considering a truck exit/entrance to Cedar Avenue, having 17th Avenue as a true greenway rather than a commercial boulevard and contradictory information in the Staff Report regarding financing. City Manager Devich explained the project area before the City Council tonight is in an abatement district, west of 17th Avenue is part of a greater special TIF district. No TIF is being considered at this point. Council Meeting Minutes -12- June 13, 2006 City Attorney Thomson explained land use approvals only are before the City Council tonight, and no public financing west of 17th Avenue is considered. M/Rosenberg, S/Kilian to close the public hearinQs. Motion carried 5-0. M/Kilian, S/Rosenberg that this constitutes the second readinQ of Bill No. 2006-9. an ordinance rezoninQ to PC-2 and approve a planned unit development plan for the Cedar Point Commons proiect, that it be published in the official newspaper and that it be made part of these minutes. Motion carried 5-0. M/Kilian, S/Kirsch that the followinQ amended resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 9772 RESOLUTION AUTHORIZING A FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR THE CEDAR POINT COMMONS PROJECT Council Member Kilian suggested the method of carts not leaving the premises be determined by the business with remedial action by the City if necessary instead of the City being prescriptive with requiring the wheel-locking devices. Council Member Wroge stated he did not support removing the wheel-locking requirement because businesses want to keep their customers so they will not address the problem. Motion carried 4-1. (Wroge opposed.) This resolution appears as Resolution No. 9772. M/Kilian, S/Sandahl that the followinQ resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 9773 RESOLUTION GRANTING PRELIMINARY APPROVAL OF A SUBDIVISION FOR RYAN COMPANIES US, INC. Motion carried 5-0. This resolution appears as Resolution No. 9773. M/Kilian, S/Sandahl that the followinQ resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 9774 RESOLUTION APPROVING SUMMARY PUBLICATION OF BILL NO. 2006-9 Motion carried 5-0. This resolution appears as Resolution No. 9774. Item #19 Council Meeting Minutes -13- June 13, 2006 Council Member Kilian presented Staff Report No. 121. Community Development Coordinator Costello reviewed the streets proposed for vacation. Community Development Manager Smith explained the relocation of utilities. M/Rosenberg, S/Kilian to close the public hearinQ. Motion carried 5-0. M/Kilian, S/Sandahl that this constitutes the second readinQ of Bill No. 2006-10, Transitorv Ordinance 18.37 vacatinQ riQht-of-wav in the Cedar Point Commons proiect area, that it be published in the official newspaper and that it be made part of these minutes. Council Member Wroge questioned the vacating of 17th Avenue since it's off of the roundabout. Community Development Coordinator Costello stated the street is moving. Motion carried 5-0. Item #20 This item was removed from the agenda. Item #21 Council Member Kilian presented Staff Report No. 123. Community Development Manager Smith explained the area subject to right of first refusal. City Attorney Thomson reviewed the changes to the special assessment agreement and right to first refusal agreement from what was given to the City Council in their packet. She explained the City's right to preserve the ability to use excess parcel as it relates to the existing Cedar Liquor Store or a possible new store. City Attorney Thomson requested the City Council authorize the City Manager and City Attorney to make non-material changes to the agreement. She explained the right to first refusal options. Community Development Manager Smith stated Ryan wanted to protect their investments so agreements are part of their contract. Council Member Wroge asked about the right to first refusal excluding other developers from coming to the area. Community Development Manager Smith explained it depended upon the area and only properties acquired for road improvements. Council Meeting Minutes -14- June 13, 2006 Council Member Wroge asked about the land south of 66th Street being valuable to Ryan. Mr. McHale explained the rationale for their interest. Mr. McHale addressed the earlier question from Mr. Lindberg regarding noise. Construction should begin in September 2006 with opening in October 2007. Community Development Manager Smith said the roundabout construction should begin spring 2007 with completion August 2007. M/Kilian, S/Sandahl that the followina resolution be adopted and that it be made part of these minutes and authorize the City Manaaer and City Attorney to make non-material chanaes: RESOLUTION NO. 9775 RESOLUTION APPROVING AGREEMENT WITH RYAN COMPANIES US, INC. Council Member Wroge said he would not support the right of first refusal because he wants to keep the parcel open for what is best for the City. Council Member Kilian stated the right of first refusal would still meet what others would pay. Motion carried 4-1. 0Nroge opposed.) Item #22 Council Member Kilian presented Staff Report No. 124. M/Kilian, S/Sandahl to approve Riaht-of-Entrv Aareement for use of portions of the easterly lots of Cedar Avenue between 63rd and 66th Streets by Ryan Companies US, Inc. prior to conveyance dates of properties to same. Motion carried 5-0. Item #23 Council Member Wroge presented Staff Report No. 125. MlWroge, S/Rosenberg to approve the first readina of the transitory ordinance authorizina the desian, construction and construction manaaement of a perimeter pond on Richfield Lake and schedule a public hearina and second readina for July 11, 2006. Council Member Sandahl asked about the wall to be built by Mr. Duoos. Council Meeting Minutes -15- June 13, 2006 Public Works Director Eastling provided an update, including proceeding with the feasibility for special assessment. Motion carried 5-0. Item #24 Council Member Wroge stated he contacted Steve Lindgren, Transportation Commission Member, to ask if the Transportation Commission had reviewed the crosswalk policy. Mr. Lindgren told him the Transportation Commission received a presentation only but had not been given an opportunity to consider. Council Member Wroge requested the City Council consider giving this matter to the Transportation Commission and then return to the City Council. Transportation Engineer Foley explained a presentation was made to the Transportation Commission in May on pedestrian safety which included crosswalks. The Transportation Commission was asked for a recommendation. Since then, staff began reviewing mid-block crosswalks, which was not considered by the Transportation Commission. Mr. Foley continued that similar to the Stop Sign Policy, the proposed crosswalk policy could be modified that removal of any crosswalks would require review by the Transportation Commission and approval by the City Council. There is a difference between having a policy and implementing the policy. Council Member Sandahl said it appears the Transportation Commission did review the policy and recommended it to be forwarded to the City Council. There is currently no policy in place which can be modified. M/Sandahl, SlWroge to approve the Crosswalk Policy with the added provision that crosswalk removals be considered by the Transportation Commission and then to the City Council for action. Motion carried 5-0. Item #25 None. Item #26 M/Rosenberg, SlWroge that the followino claims and payrolls be approved: Council Meeting Minutes u. S. BANK -16- June 13, 2006 AlP Checks: 150460 - 150880 PAYROLL 30438 - 30786; 41091 - 41108 TOTAL $ 1,720,786.22 $ 461,551.43 $ 2,182,337.65 Motion carried 5-0. The City Council meeting was adjourned by unanimous consent at 11: Date Approved: July 11" 2006 ~h~--k-( Cheryl K umhol Recording Secretary