07-25-06 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
July 25, 2006
The meeting was called to order by Mayor Kirsch at 6:32 p.m.
Members Present:
Martin Kirsch, Mayor; Sue Sandahl; Fred Wroge; and Bill Kilian.
Members
Not Present:
Susan Rosenberg.
Steve Devich, City Manager; Mike Eastling, Public Works Director; Bruce
Palmborg, Community Development Director; Brad Sveum, Fire Services
Director: Dan Scott, Public Safety Director; Randy Hughes, Operations
Superintendent; Bruce Nordquist, Housing & Redevelopment Manager;
Rick Regnier, Chief Building Official; Cheryl Krumholz, Recording
Secretary; and Corrine Thomson, City Attorney.
M/Sandahl, SlWroge to excuse the absence of Council Member RosenberQ from the Julv
25.2006 Special Worksession and ReQular City Council MeetinQ.
Staff Present:
Motion carried 4-0.
No one was registered to speak.
Mayor Kirsch led the audience in the Pledge of Allegiance.
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July 25, 2006
2006.
M/Kilian, S/Sandahl to approve the minutes of Reaular City Council Meetina of June 27.
Motion carried 4-0.
Item #1
Council Member Sandahl presented the 2006 Landscaping Good Neighbor Awards to the
top 15 recipients.
Item #2
Mayor Kirsch requested the City Manager provide an update at City Council meetings on the
City's property maintenance.
City Manager Devich stated the neighborhood targeted maintenance program was
implemented after July 4.
Public Safety Director Scott said the program is going well and is a more proactive approach
to maintenance issues than reactive. This targeted program is in addition to the other current
maintenance programs.
Council Member Wroge expressed his 100% support for this program.
Council Member Kilian asked for the number of blocks inspected so far and the percent of
homes with problems.
Public Safety Director Scott stated a report will be made to the City Council at the end of the
month and then regularly thereafter.
Public Safety Director Scott discussed the Richfield Clean Up Day in September.
Item #3
Mayor Kirsch removed Consent Calendar Item 4E and made it Agenda Item 5.
The amended agenda was approved by unanimous consent.
Item #4
A. Approved rescheduling Regular City Council meeting of September 12, 2006 to Thursday,
September 14,2006 at 6:30 p.m. S.R. No. 151
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July 25, 2006
B. Approved resolution calling public hearing on September 26, 2006 regarding modification to
redevelopment plan for Richfield Redevelopment Project Area, establishing Cedar Avenue
Tax Increment Financing District and referring modified plan to Planning Commission S.R.
No. 152
RESOLUTION NO. 9797
RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY COUNCIL ON
THE PROPOSED ADOPTION OF A MODIFICATION TO THE REDEVELOPMENT
PLAN FOR THE RICHFIELD REDEVELOPMENT PROJECT AREA, AND THE
PROPOSED ESTABLISHMENT OF THE CEDAR AVENUE TAX INCREMENT
FINANCING DISTRICT (A REDEVELOPMENT DISTRICT) THEREIN, AND THE
ADOPTION OF A TAX INCREMENT FINANCING PLAN THEREFOR.
This resolution appears as Resolution No. 9797.
C. Approved resolution authorizing purchase of single family home at 1614 East 66th Street;
new 17th Avenue roundabout roadway S.R. No. 153
RESOLUTION NO. 9798
APPROVING PURCHASE OF PROPERTY
FOR STREET RECONSTRUCTION AND OTHER PUBLIC PURPOSES
This resolution appears as Resolution No. 9798.
D. Approved resolution approving Metropolitan Airports Commission deed restrictions for
properties located in Cedar Point project area and purchased through funding provided by
Metropolitan Airports Commission S.R. No. 154
RESOLUTION NO. 9799
RESOLUTION APPROVING METROPOLITAN AIRPORT COMMISSION DEED
RESTRICTIONS ON CERTAIN PROPERTIES WITHIN CEDAR POINT
This resolution appears as Resolution No. 9799.
E. Removed from the Consent Calendar and placed on the regular agenda for consideration as
Item 5.
MlWroge, S/Sandahl to approve the Consent Calendar as amended.
Motion carried 4-0.
Item #5
. 4E. Consideration of approval of purchase and installation of carpet in Public Safety
area of City Hall from Commercial Flooring Services in estimated amount of $25,429 S.R. No.
155
Council Member Wroge asked which bid amount was accepted.
Public Safety Director Scott said the contract went to the lowest bidder in the amount of
$25,429.
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July 25, 2006
M/Wroge, S/Kilian to approve the purchase and installation of carpet in the Public Safety
area of City Hall by Commercial Floorina Services.
Motion carried 4-0.
Item #6
Council Member Wroge presented Staff Report No. 156.
M/Sandahl, S/Wroge to close the public hearina.
Motion carried 4-0.
Community Development Director Palmborg stated the Planning Commission considered
and approved the conditional use permit on July 10.
M/Wroge, S/Sandahl that the followina resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 9800
RESOLUTION AUTHORIZING A CONDITIONAL USE PERMIT FOR
THE EXISTING CENTENNIAL ELEMENTARY SCHOOL
AND A TEMPORARY ACCESSORY BUILDING FOR TEACHER WORKSPACE AT
7315 BLOOMINGTON AVENUE
Motion carried 4-0. This resolution appears as Resolution No. 9800.
Item #7
Council Member Wroge presented Staff Report No. 157.
M/Kilian, S/Sandahl to close the public hearina.
Motion carried 4-0.
Community Development Director Palmborg stated the Planning Commission considered
and approved the conditional use permit on July 10.
M/Wroge, S/Sandahl that the followina resolution be adopted and that it be made part of
these minutes:
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July 25, 2006
RESOLUTION NO. 9801
RESOLUTION AUTHORIZING A
CONDITIONAL USE PERMIT TO ALLOW
A MONTESSORI SCHOOL TO OPERATE
AS AN ACCESSORY USE AT
7121 BLOOMINGTON AVENUE
Janette Leslie, 209 West 72nd Street, stated the montessori school follows the academic
calendar year and the school program.
Motion carried 4-0. This resolution appears as Resolution No. 9801.
Item #8
Council Member Sandahl presented Staff Report No. 158.
Daniel Rasmus, applicant's attorney, reviewed the three variance requests for the property
at 6425 Oliver Avenue. He said the fence is now in compliance so that variance request is
withdrawn.
Chief Building Official Regnier stated the fence along the south property line is in
compliance.
Mayor Kirsch said the fence can be removed for variance consideration.
Mr. Rasmus requested the fence variance also be removed from the criminal complaint.
Mr. Rasmus distributed and reviewed his Exhibits 1 through 12 (City Clerk's File No. C-420).
He said the property line is fluid and has been considered a property occupancy line agreed upon
years ago. Determining the property line and plat size have been submitted to the Hennepin
County Title Examiners office for an official decree. The variances are requested until that has
been decided.
Council Member Wroge asked about the shed being in compliance if the original property
line is used as the basis.
Chief Building Official Regnier explained. Three surveyors agree where the property line is
located and the City has never gone by an existing fence to determine the line.
Mr. Rasmus stated this situation is materially different. He said he understood the City's
concern regarding setting a precedence. He discussed the extreme undue hardships related to
moving the line.
Mr. Rasmus said the City agreed to the fence line as the property line when the property
was platted 50 years ago. The shed is in compliance with the old property line and would be very
difficult to move.
Council Member Wroge asked about the differences in surveyors' results.
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July 25, 2006
City Attorney Thomson explained it is not uncommon to have some slight differences. The
two surveys conducted by the same company have the same results, the third survey was done by
a different company and has a different result.
City Attorney Thomson clarified that Mr. Rasmus' Exhibit 1 is not a survey that shows the
location of the building but rather the proposed site for the permit application. It is not uncommon to
have buildings not end up exactly where proposed.
City Attorney Thomson stated Mr. Rasmus has suggested the City prepared the survey.
She clarified the City does not hire or certify surveyors.
Mr. Rasmus stated he did not mean to suggest the City prepared the drawing but the City
does approve the footings.
Council Member Wroge questioned the length of the house as a factor in losing space.
Council Member Kilian stated there is a property line and the City Council does not
determine the line when there are competing surveys.
Chief Building Official Regnier said the surveyor determines the line.
Mr. Rasmus stated it could be two to five months before the judge would receive the Title
Examiners report and make a decision.
Council Member Kilian asked how the variance is handled during this time.
Council Member Wroge suggested the City Council wait to make a decision until the court
legally determines the lot line.
Council Member Sandahl asked the dates the shed and sidewalk were installed.
Mr. Rasmus said within the last two to four years.
Meridel Hanson and Jerry Bovy, 6421 Oliver Avenue, presented a neighborhood petition of
opposition (Clerk's File No. C-421) and disputed the shed and sidewalk construction dates, stating
the shed was built in late 2004 and the sidewalk in mid 2003. The 1957 lot line is the same as
today and disagreed with the applicant's attorney statements regarding the fence establishing the
lot line.
Mr. Bovy stated there is undue hardship for Ms. Hanson also with the steps and cyclone
fence encroaching on her property. He requested this matter be resolved in court. There is no
occupancy lot line. He said Ms. Hanson and he opposed the variances.
. ,
City Attorney Thomson suggested the City Council determine how many people in the
audience want to speak on this matter and then determine a time limit.
David Anderson, 6429 Oliver Avenue, thanked Ms. Brown for fixing the fence issue. He
added this matter has been going on for three years and suggested it be settled by the court.
City Attorney Thomson said there is no fence variance before the City Council so she
suggested no discussion occur.
Mr. Bovy stated the applicant also has video cameras.
City Attorney Thomson stated that testimony is not relevant. The speaker could come to an
Open Forum at the City Council meeting to request the City Council consider an ordinance
regarding the use of video cameras. This public hearing is only for the variance request.
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July 25, 2006
M/Kilian, SlWroge to close the public hearinQ.
Motion carried 4-0.
Chief Building Official Regnier said the City's point-of-sale inspection does not require a
survey to determine the lot line.
Council Member Kilian asked about the impact of the court decision on the City's action.
City Attorney Thomson explained that it could make the variance issue moot. If the title
examiner found the line moved, the setback issues could go away. If the line is found to not be
moved, the issue returns to the City Council.
City Attorney Thomson recommended the City Council act on the variance request tonight.
If the City Council determines to deny the appeal and variance request, the City Council may wish
to delay enforcement for a certain period of time conditional upon the judicial proceeding be
prosecuted in due diligence. This allows the variance to be in place if necessary. The City Council
should make a decision so their position is known.
Council Member Kilian questioned what right the City Council has to take property away if
there is building on someone else's property.
City Attorney Thomson explained the City Council can determine to allow something that
appears on someone else's property based on a survey. The Hearing Examiner decision evaluated
the variances based upon the lot line not a historical agreement. There would be practical
difficulties if the City tried to determine lot lines.
Council Member Kilian asked about the City giving property to another when a variance is
granted.
City Attorney Thomson explained a variance can be granted if it's within their own property.
Encroachment onto someone else's property could not be allowed and there are legal remedies to
resolve.
Council Member Kilian stated the City could grant a variance only up to the property line.
City Attorney Thomson said that was correct.
Council Member Wroge asked about what happened to the sidewalk cement.
City Attorney Thomson explained the neighbors have the ability to enforce removal but it is a
private dispute, not the City's responsibility. She said the applicant is asking the City Council to
determine the lot line but she recommends the court make that decision and rely on the survey.
Council Member Kilian suggested a one foot setback on the steps to allow the variance.
The shed is too close to the lot line.
City Attorney Thomson said a variance could be allowed to the property line for the
sidewalk.
Council Member Kilian asked about a permit being pulled for the shed.
Chief Building Official Regnier answered a permit is not required for a shed or sidewalk.
Mayor Kirsch stated the court needs to decide this matter, the City Council cannot resolve it.
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July 25, 2006
Council Member Sandahl said she was sympathetic that the sidewalk steps may be difficult
to get down but not sympathetic that they're built on someone else's land. She supported a 3"
setback on the sidewalk. She did not approve the sidewalk on a neighbor's property unless the
applicant and property owner enter into an easement.
Council Member Sandahl said the neighbors to the north are waiting for the outcome to build
a fence.
Council Member Kilian stated he was willing to allow a variance to the property line for the
sidewalk because the room is needed. He said he did not support the shed variance because one
foot is not enough space for proper maintenance.
City Attorney Thomson explained requiring removal of anything past the property line will be
determined by the court's decision on the lot line.
City Attorney Thomson recommended the City Council table their decision on this matter so
staff can prepare written findings of fact to support the sidewalk variance. She said the applicant will
need to waive the 60-day period.
Mr. Rasmus agreed to extend the time on the City Council's variance decision to August 8.
Council Member Wroge said consistency and setting a precedent are concerns so others do
not apply for variances.
City Attorney Thomson explained granting variances is determined by unique circumstances
and runs with the property. Mutual easements are private issues with the property owners.
Council Member Sandahl said she has mixed feelings. There is undue hardship with the lot
layout to get equipment from the front to the back of the property. There is concern that the
sidewalk is partially on neighbor's property and they're unable to reach agreement.
Council Member Kilian expressed sympathy to the situation but a one foot setback doesn't
serve a purpose. He stated support for a variance to the lot line or one inch away.
Council Member Wroge stated the house may be bigger than thought but it's best if the City
Council does not take the responsibility. If the applicant goes to court and loses, the sidewalk could
be removed.
City Attorney Thomson stated the expectation is that what is beyond the property line will be
removed.
Council Member Sandahl asked about the City's authority to have it removed.
City Attorney Thomson said there could be an argument of the City not having that authority.
M/Sandahl, S/Kilian totable further consideration of this item to the Auaust 8 Citv Council
meetina and direct Citv staff to prepare written findinas of fact to allow a partial variance for the
sidewalk and no variance for the shed.
Council Member Wroge asked the applicant if they could be depended upon to remove what
was necessary if they lost in court.
Mr. Rasmus said yes, the applicant will live with the court's decision and remove what is
outside the property line.
Motion carried 4-0.
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July 25, 2006
City Attorney Thomson said no direction has been given on the court proceeding so there
will be an August 1 court date. The prosecuting attorney will be informed of the City Council's
action and that attorney will contact the parties if the court date is continued.
Item #9
Council Member Kilian presented Staff Report No. 159.
Larry Wozniczka, 6744 Wentworth Avenue, questioned the selling price of these ten
properties outside the Cedar Point project to Ryan Companies and suggested a planning study be
conducted to determine the sale price. He stated he believes the market value should be used for
6614 and 6620 East 66th Street. He requested the City Council postpone or delay the agreement
and leave the property within the City.
City Attorney Thomson stated Mr. Wozniczka has misinterpreted the agreement. The
property is not sold to Ryan for $20 but rather that this ordinance reserves Ryan's Option and First
Right of Refusal to purchase the property. The agreement specifically provides that if this option is
exercised, the properties are sold for fair market value.
City Manager Devich explained that the homes being discussed are acquired as part of the
roundabout intersection and will be specially assessed. Ryan has voluntarily agreed to the 20%
special assessment costs up to a maximum. Part of the consideration for that assessment is that
this property could be purchased at fair market value.
Council Member Kilian stated the roadway and right-of-way take up most of the property,
which leaves a small portion to develop. The City Council has agreed to this and now is continuing
action on past City Council actions.
Council Member Sandahl added that this has been part of negotiations and is fulfilling part
of the contract.
Council Member Wroge said he believes parcels of land have been negotiated away so
other developers would have problems with using the land and the City is giving Ryan enough. The
City didn't need to give away little pieces of the store. He said he supports the action tonight but
wished the properties were not all together in one parcel.
City Manager Devich stated 6639 and 6645 17th Avenue are not needed for the roundabout.
Community Development Director Palmborg explained potential layouts for redevelopment
parcels and roadway design are being reviewed. When that is determined, it will be returned to the
City Council consideration.
M/Wroge, S/Sandahl to close the public hearinQ.
Motion carried 4-0.
M/Kilian, S/Sandahl that this constitutes the second readina of Bill No. 2006-14, Transitorv
Ordinance No. 18.41 authorizinQ. and providina for the sale. transfer or other disposition and
conveyance of certain real property located in the City of Richfield. County of Hennepin. State of
Minnesota. to Ryan Companies US. Inc. in accordance with the Option and First RiQht of Refusal
AQreement. that it be published in the official newspaper and that it be made part of these minutes.
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July 25, 2006
Motion carried 4-0.
Item #10
Council Member Kilian presented Staff Report No. 160.
M/Kilian, S/Sandahl that the followino resolution be adopted and that it be made part of
these minutes: '
RESOLUTION NO. 9802
AUTHORIZING EMINENT DOMAIN PROCEEDINGS
TO ACQUIRE CERTAIN PROPERTY
FOR STREET RECONSTRUCTION AND OTHER PUBLIC PURPOSES
Council Member Wroge asked about this being a "threat" of eminent domain. He
questioned if the bus pullout location has been definitely determined as appropriate on this side of
the roundabout.
Public Works Director Eastling stated the City is relying upon the roundabout consultant for
this determination.
City Manager Devich said these plans have been discussed with Metro Transit. The
location is based upon the best knowledge available right now but there is no guarantee the pullout
location won't need to be changed.
Council Member Kilian stated if everything was challenged and needing to wait for a
definitive answer, nothing would more forward.
City Attorney Thomson explained the reason why the eminent domain resolution is before
the City Council tonight. If there are no voluntary purchases, the City will have title by the end of
October, which is required under the development contract for the roadway. This does not change
the City's approach to continue to negotiate with the property owners.
Council Member Kilian stated it is not a "threat".
City Attorney Thomson explained that it is referred to that way because of the tax law impact
regarding capital gains.
Motion carried 4-0. This resolution appears as Resolution No. 9802.
Item #11
Council Member Kilian presented Staff Report No. 161.
M/Kilian, S/Sandahl that the followino resolution be adopted and that it be made part of
these minutes:
. Council Meeting Minutes
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July 25, 2006
RESOLUTION NO. 9803
RESOLUTION AUTHORIZING AMENDMENT TO ESCROW AGREEMENT
City Attorney Thomson stated earlier this evening, the HRA approved the stipulation of final
settlement with Air-Care-Go, 6300-20 Cedar Avenue, which allowed the option to move up the
purchase date. She said there does need to be clarification due to technical modifications to the
escrow agreement.
Attorney Thomson recommended that the HRAapprove modifications to the First
Agreement in the alternative. The first alternative would be to approve the proposed First
Amendment as presented at the meeting, if the Johnsons signed the stipulation. The second
alternative would be that, if the Johnsons did not sign the stipulation, the HRA would approve the
First Amendment with the exception that the phrase "and possession to" would be rem"oved from
paragraph 5(a) of the proposed First Amendment.
Council Member Kilian and Council Member Sandahl accepted the City Attorney's
recommendation.
Mayor Kirsch asked City Attorney Thomson for an update on the Cedar Point project.
City Attorney Thomson said it is expected shortly that MAC, Ryan, Target and Home Depot
will confirm acceptance of the MAC deed restrictions. When that agreement is signed, it will be
delivered to the title company for escrow and Ryan would release their contingencies. She said she
is not comfortable giving a date because confirmation is needed.
Council Member Sandahl asked if the same MAC restrictions would apply to the four parcels
on 17th Avenue.
City Attorney Thomson said that is possible and depends if they are acquired.
Motion carried 4-0. This resolution appears as Resolution No. 9803.
Item #12
Council Member Sandahl presented Staff Report No. 162.
M/Sandahl, SlWroge to authorize staff to solicit Reauests for Proposals (RFP's) for
professional architectural services for preliminary desian and cost estimates for a new City Hall.
Police. Fire and Licensina buildina for the City of Richfield.
Council Member Wroge asked about giving this project back to the City Hall Task Force II to
have them interview architects.
City Manager Devich stated there could be a group consisting of some task force members,
City staff and one or two City Council Members to determine 3 or 4 of the architectural firms to be
considered for interview, with the City Council making the decision.
Council Member Kilian stated the group could be expanded to some degree to include the
experience of the task force but adding new people to offer other suggestions and challenges.
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July 25, 2006
Council Member Kilian said the City Council has not yet agreed on what needs to be
included in a new City Hall.
City Manager Devich stated the first step in the process is to solicit proposals and scale
them down to a reasonable number.
Council Member Wroge requested that he be part of the new group. He asked about the
cost for getting this information.
Operations Superintendent Hughes explained that only proposals are being requested. The
fee needs to be negotiated when a selection is made.
Council Member Sandahl stated the group could consist of two City Council Members, City
staff and some task force members.
Council Member Kilian said different people have different expertise. He added that he was
interested in being part of the process.
Motion carried 4-0.
Item #13
City Manager Devich reported on the following:
· Fire Lieutenant John Huppertz is going to Ely, Minnesota to participate in incident
management training related to the Boundary Water Canoe Area fire
· National Incident Management Training for the City Council and City management staff
on July 31
. Cable television upgrades
· This morning's incident with a motor vehicle at the swimming pool
Item #14
M/Sandahl, SlWroge that the followina claims and pavrolls be approved:
u. S. BANK
AlP Checks: 151424 -151803
PAYROLL 31597 - 32011; 41173 - 41181
TOTAL
$ 1,442,434.95
$ 522,354.97
$ 1,964,789.92
Motion carried 4-0.
The City Council meeting was adjourned by unanimous consent at 9:21 p.m.
Council Meeting Minutes
Date Approved: September 14, 2006
C~OI~
Recording Secretary
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July 25, 2006