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10-26-04 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting October 26, 2004 The meeting was called to order by Mayor Kirsch at 6:35 p.m. Members Present: Martin Kirsch, Mayor; Susan Rosenberg; Gertrude Ulrich; John Enger; and Sue Sandahl. Staff Present: Samantha Orduno, City Manager; Bruce Palmborg, Community Development Director; Dan Scott, Public Safety Director; Mike Eastling, Public Works Director; John Stark, Assistant Community Development Director; 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. M/Ulrich, S/Rosenberg to approve the minutes of (1) Reoular City Council Meetino of September 28. 2004 and (2) Special City Council Meetino of October 6. 2004. Motion carried 5-0. Item #1 Council Meeting Minutes -2- October 26, 2004 Council Member Rosenberg stated the Family-Friendly Initiative will begin on Thursday, October 28. Council Member Enger stated he applauded Best Buy for locating their Health and Wellness store in Richfield. Council Member Ulrich provided an update on the Noise Oversight Committee (NOC). She explained how the NOC meetings have not been productive since Northwest Airlines (NWA) has maneuvered to keep the group from meeting. Council Member Ulrich sought the City Council's advice regarding if cities in the NOC should meet as a separate group and invite those industries from the NOC who wish to participate. Council Member Enger stated the cities should continue to meet periodically. He added that you would think the Metropolitan Airports Commission (MAC) could force NWA to attend. Council Member Ulrich stated that was not the case with MAC and NWA. Mayor Kirsch asked about MAC considering recommendations made by the cities as a group versus individually. Council Member Ulrich stated a group could have more clout to go directly to MAC. Mayor Kirsch stated the cities should stay together. Council Members Rosenberg and Sandahl concurred. The City Council agreed to support establishing a separate organization of cities from the NOC and invite industries who wish to participate. Council Member Enger suggested a City Council Member attend the upcoming National League of Cities Congress of Cities conference. Council Member Enger suggested a City Council Member attend the November 8 University of Minnesota Center of Transportation meeting. Council Member Ulrich stated she is attending the transportation meeting. Item #2 Public Works Director Eastling provided an update on the street reconstruction project on the 7600 block of Lyndale Avenue. He explained the contractor is behind schedule and will be paying damages for not meeting deadlines. Public Works Director Eastling stated the sidewalk in front of the buildings on the west side of 76th Street are being handled by Kensington but no contractor has yet been hired so there may be a temporary blacktop sidewalk. Council Member Enger asked about the monetary value of the damages. Public Works Director Eastling stated the cost to the contractor is $1,250 per day. City Manager Orduno presented to Acting Fire Chief Brad Sveum and Chief Building Official Rick Regnier the Extra Mile Outstanding Service award for their work related to the City Bella project. Item #3 Council Meeting Minutes -3- October 26, 2004 M/Rosenberg, S/Sandahl to approve the aaenda. Motion carried 5-0. Item #4 A. Approved first reading of ordinance amendment to Section 1186 of Richfield City Code striking all references to pawnbrokers since separated into new pawnbroker Section 1187 approved earlier and schedule second reading for November 23,2004 S.R. No. 172 B. Approved resolution establishing procedures for deferment of special assessments against owner occupied homestead properties in hardship cases for qualifying homeowners S.R. No. 173 RESOLUTION NO. 9531 RESOLUTION ESTABLISHING PROCEDURES FOR DEFERMENT OF SPECIAL ASSESSMENTS AGAINST OWNER-OCCUPIED HOMESTEAD PROPERTIES IN HARDSHIP CASES FOR QUALIFYING OWNERS This resolution appears as Resolution No. 9531 in Resolution Book No. 75. C. Approved resolution ordering abatement of conditions creating hazardous property at 6405 Vincent Avenue S.R. No. 174 RESOLUTION NO. 9532 RESOLUTION ORDERING THE ABATEMENT OF CONDITIONS CREATING A HAZARDOUS PROPERTY AT 6405 VINCENT AVENUE This resolution appears as Resolution No. 9532 in Resolution Book No. 75. D. Removed from the consent calendar and placed on the regular agenda for consideration as Item 5. E. Approved renewal of Chief's Towing, Inc. contract for Public Safety towing services for December 1, 2004 through November 30, 2005 S.R. No. 176 M/Sandahl, S/Rosenberg to approve the Consent Calendar as amended. Motion carried 5-0. Item #5 50. Consideration of approval of motion supporting Cedar Corridor Plan S.R. No. 175 Council Member Enger asked about the Planning Commission action on the plan. Assistant Community Development Director Stark explained the Planning Commission will consider the plan at their November 22 meeting. Additional printing of the plan was stopped to Council Meeting Minutes -4- October 26, 2004 allow time to correct non-substantial, only typographical, errors. The corrected plan will be distributed. Council Member Enger distributed and discussed a map that reflected projections of the Minneapolis-St. Paul International Airport low frequency noise study for the proposed North-South Runway-criterion contours. He read portions of the introduction from the Minnesota Environmental Quality Board Supplemental Memorandum of Richfield, Minnesota regarding the adequacy of the final environmental impact statement, dual track planning process dated November 10, 1998. Council Member Enger stated there were a number of things in the Cedar Avenue Corridor Redevelopment Concept Master Plan and he found inadequate. Council Member Enger began his detailed review and comments of the plan. Council Member Sandahl asked Council Member Enger if he was proposing to discuss his proposed changes line by line. Council Member Enger stated he wished to prove the inadequacy of the plan. Council Member Sandahl stated she supported delaying action on the plan to a future meeting and requested Council Member Enger provide a written commentary to the City Council in advance for their review so they can provide responses. Council Member Enger agreed to provide the commentary and supported the delay to a Worksession as soon as possible. Council Member Sandahl added she would like the Planning Commission's recommendation on the plan before the City Council takes action. Assistant Community Development Director Stark stated the Planning Commission next meets on November 22, so the City Coyncil could consider the plan on November 23. Mr. Stark requested that staff also receive a copy of Council Member Enger's written commentary as soon as possible. Mayor Kirsch stated the plan review process is multi-faceted and changes will be made. Mr. Stark said JLG architects acknowledges they have no expertise to re-evaluate scientific airport noise data so staff asked them to prepare the concept plan with the available data. Mayor Kirsch stated JLG has agreed to work with Orfield Labs regarding airport noise and building construction and land use. City Manager Orduno stated the plan before the City Council tonight is for land use. Noise impacts will merge with the plan so buildings will meet the noise expert recommendations. Council Member Ulrich stated she intended to vote no on this plan because she is not happy with the proposal. She questioned the process for informing developers. She expressed dismay at how the plan was presented at the October 18 HRA meeting. Council Member Ulrich added she didn't see how the plan helped with the airport noise problems but that a source told her the area is suitable for retail development. Council Member Sandahl requested Council Member Ulrich summarize her specific issues and provide a written copy to the City Council. Council Member Ulrich agreed to prepare the summary. Council Member Enger stated he wished to clarify that in no way did he oppose redevelopment of the east side of Richfield; he wants the best thing for the people left in the area. M/Rosenberg, S/Enger to table action on the Cedar Corridor Plan to the November 23. 2004 City Council meetino. Council Meeting Minutes -5- October 26, 2004 Motion carried 5-0. Item #6 Council Member Sandahl presented Staff Report No. 177 regarding a resolution authorizing a Conditional Use Permit to allow an additional employee in a home occupation at 7300 17th Avenue in a single family residential zoning district. Heidi Clemons, the additional employee for the home occupation, introduced herself. M/Rosenberg, S/Enger to close the public hearina. Motion carried 5-0. M/Sandahl, S/Enger that the followina resolution be adopted. that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 9533 RESOLUTION AUTHORIZING A CONDITIONAL USE PERMIT TO ALLOW AN ADDITIONAL EMPLOYEE IN A HOME OCCUPATION AT 7300 17TH AVENUE SOUTH 75. Motion carried 5-0. This resolution appears as Resolution No. 9533 in Resolution Book No. Item #7 Council Member Enger presented Staff Report No. 178 regarding a second reading of an ordinance establishing a moratorium until front-yard parking regulations are amended. M/Enger, S/Rosenberg that this constitutes the second readina of Bill No. 2004-11 establishina a moratorium until front-yard parkina reoulations are amended. that it be published in the official newspaper and that it be made part of these minutes. Public Safety Director Scott suggested a change to Section 3.03 to state the driveway could be the width of the garage or carport not the width of the doors of the garage or carport. M/Enger, S/Rosenberg to amend the ordinance Section 3.03 as follows: A moratorium on the installation of pavement in front-yard areas. as defined by the City's Zonino Ordinance. except for the area extendino the width of the oaraoe or carport and Iyino between the oaraoe doors or carport openinos and the street. is adopted pendino the adoption of any amendments to the City parkino and zonino reoulations. Motion carried 5-0. (amendment) City Attorney Thomson suggested a change to Section 5 regarding the term of the ordinance. She explained that State law allows adoption of a moratorium for up to one year but it is difficult to extend it. Staff believes the ordinance amendment to the City Code could be completed by March 31, 2005, as stated in the ordinance before them, but the City Council may Council Meeting Minutes -6- October 26, 2004 want to consider changing the term to one year from the effective date of the ordinance, unless the City Council repeals the moratorium sooner. MtEnger, StRosenberg to amend the ordinance Section 5 as follows: The moratorium period created under this ordinance will expire one year from the effective date of this ordinance, unless earlier repealed by the City Council. City Attorney Thomson explained the original delay was due to inconsistencies in the City Code related to regulations. Motion carried 5-0. (amendment) Motion carried 5-0. (original motion) Item #8 Council Member Ulrich presented Staff Report No. 179 regarding a second reading of an ordinance amendment to City Code Chapter XIII adding a new section 1355 relating to use of recreational motor vehicles and off-road vehicles and a resolution authorizing publication of a summary legal notice of the ordinance. MtUlrich, StEnger that this constitutes the second readino of Bill No. 2004-12 a new section 1355 to the City Code. Chapter XIII to include lanquaoe controllino the use of recreational motor vehicles. that it be published in the official newspaper and that it be made part of these minutes; and that the followino resolution be adopted. that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 9534 RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE ADDITION TO CHAPTER XIII OF THE RICHFIELD CITY CODE WHICH PERTAINS RECREATIONAL MOTOR VEHICLES AND OFF-ROAD VEHICLES. Public Safety Director Scott stated the ordinance has been revised to include that wheelchairs are exempt under Minnesota State Statute. Public Safety Director Scott explained that there are no accident statistics or data related to these types of recreational motor vehicles and off-road vehicles. Motion carried 5-0. This resolution appears as Resolution No. 9534 in Resolution Book No. 75. Item #9 Mayor Kirsch presented Staff Report No. 180 regarding confirmation of the Mayor's appointment of Housing and Redevelopment Authority Commissioner a for five-year term expiring October 2009. Council Meeting Minutes -7- October 26, 2004 MtKirsch, StRosenberg to appoint Sue Sandahl to the HRA Commission for a five year term expirinq October 2009. Motion carried 5-0. Item #10 MtRosenberg, StEnger that the followinq claims and pavrolls be approved: RICHFIELD BANK & TRUST CO. AlP Checks: 135263 - 135566 PAYROLL 39580 - 39592 TOTAL Motion carried 5-0. Item #11 $ 1,026,061.37 $ 429,039.23 $ 1,455,100.60 The City Council meeting was adjourned by unanimous consent at 8: Date Approved: November 9. 2004 .1.. , ;' ,I ..;.:l ' -) '->Iu vL ~., Cheryl ~umh Iz .~ Recording Secretary h/~'"