Loading...
10-08-02 Regular - I I I I CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting October 8, 2002 The meeting was called to order by Mayor Kirsch at 6:31 p.m. Members Present: Martin Kirsch, Mayor; Susan Rosenberg; Gertrude Ulrich; John Enger; and Sue Sandahl. Staff Present: Samantha Orduno, City Manager; Steven Devich, Administrative Services Director; Bruce Palmborg, Community Development Director; Mike Eastling, Public Works Director; Kevin McGinty, Fire Services Director; John Stark, Community Development Manager; Pam Dmytrenko, Assistant to City Manager; Cheryl Krumholz, Recording Secretary; and Corrine Thomson, City Attorney. Larry Wozniczka, 6744 Wentworth Avenue, requested the City Council consideration of an agenda item for the next meeting regarding Interchange West taxes and City costs. He stated there was inaccurate information related to the Best Buy taxes being distributed in the community by the Sue Sandahl for City Council campaign. Mayor Kirsch led the audience in the Pledge of Allegiance. M/Ulrich, S/Rosenberg to approve the minutes of (1) Special Concurrent City Council, HRA and Planninq Commission Meetinq of September 16, 2002; (2) Special City Council Meetinq of September 17, 2002; (3) Special City Council Worksession of September 24, 2002; (4) Reqular City Council Meetinq of September 24, 2002; (5) Special City Council Meetinq of September 25, 2002: and (6) Special City Council Meetinq of October 2, 2002. ~ Council Meeting Minutes -2- October 8, 2002 Motion carried 5-0. Item #1 I Fire Services Director McGinty presented Certificates of Appreciation of Vicky Smith, representing the Richfield/Bloomington Eagles #3208 and Dawn Nilsen and George Larson, representing Richfield Firefighters Local 1215, recognizing their donations to the Richfield Fire Department for the purchase of three defibrillators. Item #2 Planning Commission Chair David Gepner reported on the commission's 2001-2002 accomplishments. Council Member Rosenberg stated she would be attending a future Planning Commission meeting to request the commission review the zoning regulations for constructing larger homes on smaller lots. She said the face of the neighborhood changes if a large home is built in an area with smaller homes. Council Member Ulrich stated support for the Planning Commission meeting with other first- ring suburbs. Mr. Gepner credited City Zoning Administrator Bruce Sylvester with this idea. Council Member Rosenberg said the other communities' tour was a good idea because it shows the need to develop so the community remains alive and vital. I The City Council thanked the Planning Commission for their work in serving Richfield. Council Member Sandahl announced the Richfield Enterprise Hour with facilitator Rob Smolund on the second Tuesday of each month in the Heredia Room from 6:30 to 7:30 p.m. She said the enterprise facilitator could provide free start-up assistance for small businesses. Council Member Sandahl thanked the City staff for coordinating the recent Remodeling Home tour. Council Member Sandahl stated she received a question from a resident related to City's expenditure for the Public Safety's Harley-Davidson motorcycles. She explained the motorcycles are leased for $1 per year. There is an initial cost of $2,000 to outfit the motorcycles with police related emergency equipment, but that equipment is changed-over each year. She added that the use of the motorcycles more than pay for themselves. Council Member Sandahl commented on the Sun Current Letter to the Editor regarding lost campaign lawn signs. She stated losing lawn signs is typical during an election and not unique or targeted to one campaign. Council Member Rosenberg commented on the October 2, 2002 article in City Pages reviewing Patrick's French Bakery in Southdale Square. She supports the bakery, but took issue with I I I I Council Meeting Minutes -3- October 8, 2002 t the author's negative comments about Richfield's image. She suggested inviting the author to a tour of Richfield. She added that if Richfield did not continue redevelopment, the City would be faced with the attitude of a negative community. Council Member Rosenberg commented on Mr. Wozniczka's earlier statements regarding Best Buy and taxes and that the information distributed by Ms. Sandahl is accurate. Council Member Enger disagreed with the City Pages author about Southdale Square being down trodden. He said the bakery must have thought it a good location because that's the area selected. Council Member Ulrich commented on a recent positive article in the Good Age newspaper regarding Richfield, "Striking It "Rich" - Richfield is Recognized as a Senior Friendly Community." Council Member Ulrich requested a Special City Council meeting notice be posted for the October 23 Chamber of Commerce meeting with the House District 63 candidates for Minnesota Legislature as speakers at Village Shores at noon. Council Member Ulrich commented on the September Your City article on pedestrian safety and the utility bill inserts on pedestrian safety and the Tri-City Partners efforts. Council Member Ulrich reported on escalating roadway construction costs as indicated by MnDOT. Item #3 M/Rosenberg, S/Sandahl to approve the aqenda. Motion carried 5-0. Item #4 A. Approved resolution appointing high school student trainee election judges for November 5, 2002 General Election SR. No. 229 RESOLUTION NO. 9237 RESOLUTION APPOINTING HIGH SCHOOL STUDENT TRAINEE ELECTION JUDGES FOR THE GENERAL ELECTION OF NOVEMBER 5, 2002 This resolution appears as Resolution No. 9237 in Resolution Book NO.7 4. B. Approved resolution regarding off-street parking permit at 7715 Fourth Avenue S.R. No. 230 RESOLUTION NO. 9238 RESOLUTION GRANTING AN OFF STREET PARKING PERMIT AT 7715 FOURTH AVENUE This resolution appears as Resolution No. 9238 in Resolution Book NO.7 4. Council Meeting Minutes -4- October 8, 2002 C. Approved purchase of estimated 1,700 ton of winter deicing salt for 2002/03 winter season from Cargill Incorporated Deicing Technology in amount of $27.97 per ton, plus tax S.R. No. 231 D. Approved multi-animal residential kennel license renewals: . 7301 Wentworth Avenue; three dogs S.R. No. 232 . 6428 Knox Avenue; three dogs S.R. No. 233 . 7144 Oliver Avenue; three dogs S.R. No. 234 Council Member Ulrich thanked the high school students for serving as judges for the General Election. M/Rosenberg, S/Sandahl to approve the Consent Calendar. Motion carried 5-0. Item #5 None. Item #6 i":;' ANCEAMENDMENT :19 AND.:536.25 TO ~536.11 ,.536.17, ANN ED UNIT City Manager Orduno reviewed Staff Report No. 235 regarding a second reading of an ordinance amendment to Richfield City Zoning Code Sections 536.19 and 536.25 to conform to State Statute 462.357 and Section 536.11, 536.17, 536.19, 536.21 and 536.25 to clarify rules regarding Planned Unit Developments (PUD). Community Development Director Palmborg explained the two general areas requested for amendment in the zoning code. He said the amendments would bring the code into State law conformance and possibly increase the efficiency of staff and level of customer service in administration of the code. Robert Hall, 7309 Oliver Avenue, questioned the language discrepancy from the first reading Staff Report and second reading Staff Report when a required super or simple majority City Council vote is needed to approve a rezoning. He also said the provision in the minor amendment related to parking spaces should be excluded from this ordinance because of problems with parking in redevelopment areas. Community Development Director Palmborg said the voting requirements follow State law regulations. City Attorney Thomson explained the reasons why she advised staff to make the wording changes in tonight's Staff Report. She said the Statute grants more permission to the municipalities on zoning changes. Community Development Manager Stark explained that the proposed zoning amendments puts Richfield more in line with neighboring communities and provides a smaller fee for minor amendments. He said no changes are made easily; many factors are considered. M/Rosenberg, S/Sandahl to close the public hearinq. I I J I I I I I I Council Meeting Minutes -5- October 8, 2002 ~..;,;,. .'.\k' Motion carried 5-0. M/Sandahl, S/Rosenberg that this constitutes the Second Readinq of Bill No. 2002-22 an ordinance amendment to Richfield City Zoninq Code Sections 536.19 and 536.25 to conform with State Statute 462.357 and Section 536.11,536.17,536.19,536.21 and 536.25 to clarify rules reqardinq Planned Unit Developments, that it be published in the official newspaper and that it be made part of these minutes. Council Member Sandahl expressed appreciation to staff for bringing the City's Zoning Code into State compliance which helps to avoid confusion and that it is important to be in line with other communities so good development continues in Richfield. She said she believes staff review and approval of a minor amendment of less than a 5% change on the number of parking spaces is reasonable and trusts staff will come before the City Council as necessary. Council Member Ulrich stated general support of the proposed Zoning Code amendments because she understands the problem with references to original districts and also the need to conform to State law. She asked if the Planned Unit Development (PUD) amendment governed signage changes. City Attorney Thomson said signage is specifically addressed in the PUD; only what is included in the Final Development Plan (FOP) is approved. Council Member Ulrich expressed concern for parking changes as a minor amendment because of past issues, but she was confident the City Council would hear from residents if a change caused a problem. She added that delays cost projects a lot of money and she supports increasing efficiency so project reviews move along. Mayor Kirsch thanked the Planning Commission for reviewing the proposed amendments and believes the review process will be quicker for developers. Council Member Enger stated support for conforming to State law, but wished the minor and major amendments sections were separate issues. He stated he would not support tonight's amendments since they're all together. He stated concerns regarding signage changes because it allows staff to approve signs that are larger than the ordinance states, if they deem it appropriate. Mr. Enger stated his desire to have all minor amendments come before the City Council. He also desired to consider the original district for a PUD. Council Member Sandahl said the minor amendment regarding parking lot configuration changes did not mean a change in the number of spaces, but a change of the basic layout. Council Member Enger stated that if parking spaces can be modified, the shape of the lot could also be changed. He asked if staff would be putting in more substandard parking in Richfield since City Bella and Gramercy already have inadequate parking. Motion carried 4-1. (Enger opposed.) Item #7 c:.",:.; City Manager Orduno reviewed Staff Report No. 236 regarding a resolution authorizing an agreement with Minnesota Department of Transportation and Hennepin County for replacing traffic control signals on the Penn Avenue bridge over 1-494. Public Works Director Eastling reviewed the maintenance agreement with MnDOT, Hennepin County and the City of Richfield. Council Meeting Minutes -6- October 8, 2002 M/Rosenberg, S/Sandahl that the followinq resolution be adopted, that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 9239 RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE MINNESOTA TRANSPORTATION DEPARTMENT TRAFFIC CONTROL SIGNAL AGREEMENT NO. 82378R Council Member Ulrich stated it was remarkable that all these agencies were able to reach an agreement on maintenance. Council Member Rosenberg said she believes the new 76th Street/Penn Avenue intersection and the new Penn Avenue bridge will keep traffic out of the neighborhoods. Council Member Sandahl announced the grand re-opening, ribbon cutting ceremony for the Penn Avenue bridge on October 30 at 2:00 p.m. She said the bridge actually opens on October 31, 2002. City Manager Orduno commended the Met Council, MnDOT, Richfield HRA and Richfield City Council for their efforts in getting the bridge built in 11 months. She added the City of Bloomington was a supportive partner in the project. Council Member Rosenberg said the promise to the Southtown merchants to close the bridge only one year and be open for the holidays was kept. She commended MnDOT and Richfield City staff for their work. Council Member Sandahl stated the new bridge has also been a positive impact for redevelopment in Bloomington. Motion carried 5-0. This resolution appears as Resolution No. 9239 in Resolution Book No. 74. Item #8 City Manager Orduno reviewed Staff Report No. 237 regarding a resolution establishing just compensation and authorizing purchase of three apartment buildings at 6238, 6344 and 6400 Cedar Avenue; Airport Acquisition Noise Program area which was tabled from the September 12, 2002 City Council meeting. M/Enger that the City Council table action to the next City Council meetinq on this resolution to allow time to obtain an official rulinq from the FAA reqardinq their approval of the buyout of the homes on 17th Avenue. Motion failed for lack of a second. Community Development Manager Stark reviewed the rationale for continuing the airport acquisition noise program with the apartment buildings purchase; the appraiser's opinion and just compensation for three apartments; and the relocation benefit components for the apartment dwellers. Council Member Enger asked who and why staff made a commitment to the apartment owners and dwellers without City Council approval. I I II I I I I I Council Meeting Minutes -7 - October 8, 2002 ,;.; v ~_ :. Community Development Manager Stark said the City Council unanimously approved on March 26, 2002, the contract between Richfield and the MAC which specifically listed the apartment building addresses. Council Member Enger asked why the apartments would be purchased before the homes when acquisition of homes is the priority established by the City Council's policy. City Manager Orduno agreed that purchasing homes were according to City Council policy, but explained the FAA regulations regarding purchasing the homes on 17th Avenue versus the apartments. Council Member Enger asked why the FAA is allowed to state what could be purchased. City Manager Orduno stated the City Council could revise the agreement, but it was previously approved unanimously by the City Council. Council Member Enger said the City Council was guided by staff to acquire the apartment buildings. He asked if there was any real developer interest in the area north of 66th Street. City Manager Orduno explained Ryan's proposal for a Target development. Council Member Enger asked if staff believed Target to be the best use of the land when a building to deflect noise should be considered. Community Development Manager Stark explained that the grant funding sought with City Council approval has been approved by the Met Council. He added that the noise expert would work with Ryan to discuss this site plan. Council Member Enger asked why the City was working with Ryan since the area has shrunk considerably. He said the noise expert should be knowledgeable about noise mitigation and be able to provide a plan for redevelopment. Community Development Manager Stark said the noise expert will consider the entire 87dB area and will make recommendations. Council Member Enger asked if the FAA would allow the purchase of noise monitoring equipment for use along 18th Avenue. City Manager Orduno said, in her opinion, the equipment would not be allowed because it was not included as part of the agreement. City Manager Orduno clarified staff's role in providing options to the City Council and following City Council direction. Council Member Enger asked about the rationale regarding the design features that could be implemented in the Cedar Avenue to 18th Avenue diverter route that would diminish any negative effect on 17th Avenue. Public Works Director Eastling said no final plan for 18th Avenue was in place. Council Member Enger asked if there was a final plan for 66th Street and Cedar Avenue. Public Works Director Eastling said yes, but it could be modified. Council Member Enger asked about the Cedar Avenue cul-de-sac. He also asked why Cedar Avenue could not go all the way through to relieve 18th Avenue traffic when the City owns the land. Public Works Director Eastling explained the available options for this area. He added that the intersection was too tight for Cedar Avenue to go through. Council Meeting Minutes -8- October 8. 2002 Council Member Enger said protection of 17th Avenue residents needs to be provided either through a buyout of their homes or diverting traffic. He added the market value of the homes would diminish. Council Member Sandahl explained her reason for originally tabling action on the apartment building acquisition was because of the concern to protect the homes on 17th Avenue using any funds remaining after the apartment acquisition, not to buyout the 17th Avenue homes. She stated her telephone conversation with Nigel Finney, MAC, indicated berming or landscaping options may be available but, in his opinion, depending upon traffic counts, a wall may not be justified. She said MAC would work with Richfield because airport impacts are related to traffic. Council Member Enger described and discussed a Burnsville Parkway interchange that he believes could work for Cedar Avenue and 66th Street. He requested staff obtain traffic accident information for this interchange. Council Member Enger stated the need to find a way to use federal funds to buyout the 17th Avenue homes before the North/South Runway is operational because we know the noise level that's coming. City Manager Orduno explained that federal funds come with federal restrictions. She added that the FAA invalidated the low frequency noise study; they do not recognize low frequency noise and they will not fund what does not exist. Council Member Enger said Council Member Sandahl's discussions with Mr. Finney indicated that the FAA would not change. He added this was Mr. Finney's response, not the FAA. Council Member Sandahl said Mr. Huber at the FAA said the same thing. Council Member Enger asked who made the FAA decision. City Manager Orduno said the contract was negotiated with the local FAA office and approved by the top-level staff member, not a committee. She said the contract was also approved by the federal FAA. Council Member Enger said Ms. Jean Biever stated that Mr. Huber indicated to her that the FAA is willing to let the 17th Avenue buyout happen. Mr. Enger added that is a different statement from what Mr. Huber indicated to Council Member Sandahl, so where is the FAA coming from? City Manager Orduno said that was a good question, one she has been trying to get answered. Council Member Enger requested the City Council table action on this issue until a definitive decision from the FAA is received. He said it is owed to the 17th Avenue residents to have the FAA make the final decision and the City Council should not decide without the FAA response. He said it should be acceptable to wait another 30 days to make a decision. Assistant to City Manager Dmytrenko explained the 12-month process to work out the agreement and obtain necessary FAA approval. She added that Mr. Huber stated the FAA's preference was for acquisition to be aircraft noise related. Assistant to City Manager Dmytrenko explained the special condition to the $10 million grant agreement. Council Member Enger stated that he believed Ms. Biever had information to dispute most everything said by staff tonight. He asked the City Council to consider her comments and agree with him to table action on this issue for 30 days and obtain a letter from the FAA. Assistant to City Manager Dmytrenko stated her belief that the FAA would not agree to purchase the 17th Avenue homes and that the agreement would need to be amended before FAA would make any kind of ruling. I I I I I I Council Meeting Minutes -9- October 8, 2002 Jeanne Biever, 6701 17th AvenUe, addressed the Council regarding her interpretation of the original and revised agreements, traffic counts and Mr. Huber's statement that it was the FAA's intent to purchase as many single family homes as possible in the 65 DNL. She requested the City Council remove this item from tonight's agenda because she has not been able to exercise her Right to Information Act. Council Member Sandahl said that her impression from documents and discussions is the FAA will not approve the buyout along 17th Avenue. She said she interprets the agreement differently. Georgia Krusell, apartment owner of the buildings at 6444 and 6412 Cedar Avenue, requested the City Council continue the acquisition according to the agreement because apartment buildings are also impacted by the airport. She said an eleventh hour change is not appropriate. She added that apartment tenants are made to feel unimportant. Ms. Krusell said City staff should be commended for a well thought out agreement. Council Member Rosenberg said the agreement needs to move forward and agreed that staff should be commended for their work. She said apartment renters pay property taxes proportionately so they invest as much as homeowners in the community. Council Member Enger stated no one implied or said apartment dwellers were dehumanized, but homeowners have more at stake. He explained the original property acquisition strategy should be maintained to buy homes first and not apartments or businesses. Council Member Rosenberg said if it is the City Council's discretion to use the funds to purchase homes, there are homes further east than 17th Avenue that are more impacted. Assistant to the City Manager Dmytrenko said the agreement was to try to do the best to help as many residents as possible within the confines of the federal restrictions. Council Member Enger said with the $5 million from the State he tried to get the homes bought along Old Cedar Avenue, but the City Council did not support that action because it was not in the north-south buyout manner. Bill Kilian, 6620 17th Avenue, expressed support for the City Council proceeding with the current agreement because the buyout needs to be in a way that is fair to the entire community, not to a small group in the community. He stated there is higher noise at the apartment buildings' location than on 17th Avenue, 17th Avenue remains a higher desired area to live, every apartment building has a vacancy and has become undesirable affordable housing, and development should not be around the apartments, but be acquired so a larger area is available for redevelopment. Mr. Kilian suggested the City Council develop a task force to avoid future conflict with neighborhoods before funds are spent. Council Member Enger said development is defined by noise contour lines. Mr. Kilian challenged the notion of restricting redevelopment based only on noise contour lines. City Manager Orduno explained the proposed development plan is based upon available funds and redevelopment of the entire area north of Cedar Avenue, including replacement housing. Council Member Enger asked why the apartments on 63rd Street are being purchased when Target is interested in the blocks closer to 66th Street. City Manager Orduno said the City Council approved the acquisition strategy. She added that Target is interested in the entire area from 63rd to 66th Streets. Mr. Akins, property owner of 6520 and 6528 Cedar Avenue, spoke in favor of purchasing the apartment buildings on Cedar Avenue. He discussed the difficulty in securing good tenants for his buildings and the need to lower rents. He also questioned why gas tax revenues couldn't pay Council Meeting Minutes -10- October 8, 2002 for the roadway project portion of the airport noise acquisition project so that all the $10 million could be used to purchase aircraft noise impacted properties. M/Sandahl, S/Rosenberg that the followinq resolution be adopted, that it be spread in the resolution book and that it be made part of these minutes: I RESOLUTION NO. 9240 RESOLUTION ESTABLISHING JUST COMPENSATION AND AUTHORIZING PURCHASE OF REAL PROPERTY LOCATED AT 6328,6344,6400 CEDAR AVENUE AIRPORT NOISE ACQUISITION PROGRAM Council Member Sandahl spoke in support of creating a task force to have residents assist in development of future acquisition strategies. She acknowledged that 17th Avenue will have impacts, but funds are not available for their homes to be purchased. She added their impacts are not noise related in the 65 DNL. Ms. Sandahl said the apartment building purchases would impact the attractiveness of the area for a development. She stated a need to work with the State and Federal government for airport mitigation funding. Council Member Sandahl expressed support for the apartment building acquisition and moving forward as the best option to benefit the entire City. Council Member Rosenberg stated she was sympathetic to the 17th Avenue residents because this area will have impacts, but the City needs to move forward with the agreement and acquire property in a structured manner. Mayor Kirsch stated the Legislature wanted to know the City's plan for acquisition so it is I important to stand by the commitment to the neighbors on the north side of 66th Street and then move to the south. He said that if funds were available, the entire area would be purchased. He urged residents to go to the Legislature and ask for mitigation on the City's eastern border. Council Member Ulrich expressed sympathy for everyone, but reluctantly stated support for the purchase of the apartment buildings. She said it was not encouraging to expect additional funds from the Legislature; the area needs to be redeveloped for re-investment; and apartment dwellers have the opportunity to upgrade their housing with relocation benefits. Council Member Enger asked the City Council what made the area of the apartments so bad. Council Member Ulrich said for apartments to be that close to a runway is undesirable and now, with surrounding homes gone, the apartments are ghastly. She said maintenance needs to be weighed. Council Member Enger said he believes lack of maintenance of the buildings has caused the problems. Council Member Enger called for a roll call vote. Motion carried 4-1. (Enger opposed.) This resolution appears as Resolution No. 9240 in Resolution Book No. 74. Item #9 I I I I ._~:..:.,. ._l'. .f.........~ Council Meeting Minutes -11- October 8, 2002 City Manager Orduno reviewed Staff Report No. 238 regarding a proposal from W. D. Schock Co. Inc. for disposition of homes in the Airport Noise Acquisition Program area. Mayor Kirsch asked if W. D. Schock was used for the New Ford Town buyout. Community Development Manager Stark said MAC used W. D. Schock for the buyout for the same activities. M/Rosenberg, S/Ulrich to approve the terms of a proposal from W. D. Schock Co., Inc. for disposition of homes in the Airport Noise Acquisition Proqram (ANAP) area and authorize execution of an aqreement. Motion carried 4-0. (Enger absent.) Item #10 City Manager Orduno restated the grand re-opening of the Penn Avenue bridge activities. Council Member Sandahl requested the City Manager update the City Council at their next meeting on her participation in the International City Managers Association conference she recently attended. Item #11 M/Rosenberg, S/Sandahl that the followinq claims and payrolls be approved: RICHFIELD BANK & TRUST CO. I NT Checks: 118957 - 119306 PAYROLL 32687 - 32897 TOTAL $ 1,396,227.88 $ 425,624.79 $ 1,821,852.67 Motion carried 4-0. (Enger absent.) The Regular City Council meeting was adjourned by unanim~us consent 0/ 9:29 p.~. Date Approved: October 22, 2002 /?;;;;;;f;;;; N. )~ Marti ,Kirsch "-.../ Mo~ /J /J ;/ CfU~ ~~J4 Cheryl K umh Iz Recording Secretary