02-26-02 Regular
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CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
February 26, 2002
The meeting was called to order by Mayor Kirsch at 6:45 p.m.
Members Present:
Martin Kirsch, Mayor; Susan Rosenberg; John Enger; and Sue Sandahl.
Members
Not Present:
Gertrude Ulrich.
M/Rosenberg, S/Sandahl to determine the absence of Council Member Ulrich as an
excused absence from toniqht's City Council Worksession and the City Council Reqular Meetinq.
Motion carried 4-0.
Staff Present:
Samantha Orduno, City Manager; Steven Devich, Administrative Services
Director; Mike Eastling, Public Works Director; Bruce Palmborg,
Community Development Director; Jim Topitzhofer, Recreation Services
Director; Bruce Nordquist, Housing and Redevelopment Manager; Bruce
Sylvester, Zoning Administrator; 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 Meeting Minutes
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February 26, 2002
M/Rosenberg, S/Sandahl to approve the minutes of the (1) Special City Council Meetinq of
January 30, 2002: (2) Special City Council Meetinq of February 7, 2002: (3) Special City Council
Worksession of February 12, 2002; and (4) Reqular City Council Meetinq of February 12, 2002.
Motion carried 4-0.
Item #1
Kristin Abel explained that this activity for people with disabilities is made possible, in part by
funds provided by Best Buy, Edina Community Foundation, Edina Rotary Club, Metropolitan Regional
Arts Council from a grant from the McKnight Foundation and an appropriation by the Minnesota
Legislature, and Transportation Resource to Aid Independent Living.
Janet Beard, Director of the Totally Talent & Tunes, explained how the theater program was
coordinated and was a performance by actors with and without disabilities from Bloomington, Eden
Prairie, Edina and Richfield. She extended an invitation to the City Council and general public to
attend the performance on Saturday, March 9, at 3:00 p.m. and 7:00 p.m. at the Richfield High
School Auditorium.
Item #2
Council Member Rosenberg presented the proclamation designating Saturday, March 16,
2002 as Human Rights Day in Richfield to Chair Brent Pavia and commission members Tashika
Sykes and John Ekholm.
Council Member Rosenberg asked if the appellate court judge recently charged with a felony
was the same judge that accused Richfield with "municipal meanness" in the tax increment financing
lawsuit brought by Walser Automotive against the City.
City Manager Orduno answered yes, it was the same judge; he resigned and would be
charged with five felony counts.
Item #3
Council Member Enger asked to remove Items 4C and 4D from the Consent Calendar and
place them on the regular agenda.
Mayor Kirsch removed Consent Calendar Items 4C and 4D and placed them on the regular
agenda as Items 7 A and 7B.
M/Sandahl, S/Rosenberg to approve the aqenda as amended.
Motion carried 4-0.
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Council Meeting Minutes
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February 26, 2002
Item #4
A. Approved resolution designating increase in City's contribution toward health insurance
premiums for Law Enforcement Labor Services, Local 123 S.R. No. 44
RESOLUTION NO.9152
RESOLUTION DESIGNATING CITY'S CONTRIBUTION
TOWARD HEALTH INSURANCE
PREMIUMS FOR EMPLOYEES COVERED BY THE
LAW ENFORCEMENT LABOR SERVICES, LOCAL 123
This resolution appears as Resolution No. 9152 in Resolution Book No. 73.
B. Approved resolution designating increase in City's contribution toward health insurance
premiums for Law Enforcement Labor Services, Local 162 S.R. No. 45
RESOLUTION NO. 9153
RESOLUTION DESIGNATING CITY'S CONTRIBUTION
TOWARD HEALTH INSURANCE
PREMIUMS FOR EMPLOYEES COVERED BY THE
LAW ENFORCEMENT LABOR SERVICES, LOCAL 162
This resolution appears as Resolution No. 9153 in Resolution Book No. 73.
C. Removed from the consent calendar and placed on the regular agenda for consideration as
Item 7A.
D. Removed from the consent calendar and placed on the regular agenda for consideration as
Item 7B.
E. Approved new residential kennel license for 209 Pillsbury Lane; four dogs S.R. No. 48
M/Rosenberg, S/Sandahlto approve the Consent Calendar as amended.
Motion carried 4-0.
Item #5
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City Manager Orduno reviewed Staff Report No. 49 regarding a resolution amending the
Comprehensive Plan for increasing allowable density of housing in parcels designated as high
density single family residential from 12 units per acre to 15 units per acre and to authorize
submittal of an amendment to the Metropolitan Council.
Council Meeting Minutes
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February 26, 2002
Community Development Director Palmborg reviewed the background related to the
changes necessary for the Comprehensive Plan so the Comprehensive Plan and zoning ordinance
supported each other and were more responsive to current Richfield conditions.
Council Member Enger said he didn't understand the need for increasing parcel densities
from 12 to 15 units per acre. He asked about the process for the Wood Lake Village, Casteel
Place and Oaks on Pleasant housing densities.
Community Development Director Palmborg explained the zoning process used by the
Planning Commission and City Council to obtain approvals.
Council Member Enger asked if these approvals would no longer be needed if this
resolution were approved.
Community Development Director Palmborg said the Comprehensive Plan is a guide and
does not pre-empt a proposal from needing review and approval by the Planning Commission and
City Council.
Council Member Enger asked Why the change is needed if the process remains the same.
Community Development Director Palmborg said the zoning ordinance is not changing,
only the Comprehensive Plan which is a guide.
Robert Hall, 7309 Oliver Avenue, expressed concern about main thoroughfares to
accommodate densities, the number of multiple housing units on lots and transient housing; and
not enhancing school population by changing the balance of people living in Richfield. He said this
was a step backward in making Richfield a desirable place to live.
Council Member Sandahl asked if there are traffic complaints at the Casteel Place due to
the higher density of housing.
Mr. Palmborg said there have been no traffic volume concerns.
M/Rosenberg, S/Sandahl to close the public hearinq.
Motion carried 4-0.
Council Member Sandahl said she supports the resolution because the higher density
housing replaces lost housing and provides a variety. She said the Planning Commission has
reviewed current market trends. She said the housing is not transient, but homeowners.
Council Member Enger asked Mr. Hall for his definition of transient.
Mr. Hall said that, to him, it means purchasing a home for a short-term stay to gain equity or
renting. He questioned the effectiveness of undersize housing because it doesn't encourage
children.
Council Member Enger said he reviewed a plan for the 6800 block of Penn Avenue and it is
tight, but there was an alley to gain access to garages.
Council Member Rosenberg said she believed Wood Lake Village and Oaks on Pleasant
residents would be insulted to be called transients.
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 AMENDING THE CITY'S COMPREHENSIVE PLAN
CONCERNING ALLOWABLE DENSITIES IN AREAS DESIGNATED AS
HIGH-DENSITY SINGLE-FAMILY RESIDENTIAL
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Council Meeting Minutes
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February 26, 2002
Motion failed 3-1. (Enger opposed.) The motion failed because the Comprehensive Plan
must be adopted and amended by resolution by two-thirds vote of the full City Council.
City Attorney Thomson said the prevailing side must move to have the item reconsidered by
the City Council.
Council Member Sandahl asked if an absent City Council Member could move to
reconsider the resolution at the next City Council meeting.
City Attorney Thomson said she would check into that matter.
Item #6
Housing and Redevelopment Manager Nordquist reviewed Staff Report No. 50 regarding
the transfer of $28,600 in Community Development Block Grant Funds for remediation activity at
Lake Shore Drive Condominium.
Council Member Rosenberg asked about the Lake Shore Drive association fees covering
repairs. She said using block grant funds for this activity appeared to be taking away from single
family homeowners.
Housing and Redevelopment Manager Nordquist said the collected association fees do not
apply to interior repairs of individual condominiums. He said, historically, 50% of the Community
Development Block Grant (CDBG) funds go to seniors and 50% to families to repair single-family
homes. He said HUD asked for the City Council to redirect rehabilitation funds to assist these 26
homeowners.
Council Member Enger asked for examples of single family home repairs that could apply to
a deferred loan.
Mr. Nordquist said roof and siding repair, interior repairs and code compliance updates.
Council Member Enger asked if the funds for Lake Shore Drive and single family homes are
loans or grants.
Mr. Nordquist answered it was proposed that Lake Shore Drive would receive a grant.
Single-family homes receive deferred loans.
Council Member Enger said the mold remediation appears to be a lack of preventative
maintenance and not a normal wearing out due to use. He said the income guidelines indicated
this repair could be afforded by the owner.
Alice Finley, Lake Shore Drive Manager, explained the problems creating the mold in the
wall. She said interior wall problems are the homeowner's responsibility. She said repair costs
have significantly increased since the Environmental Protection Agency (EPA) has declared mold a
hazardous substance and must be contained.
M/Rosenberg, S/Sandahl to close the public hearinQ.
Motion carried 4-0.
Council Member Sandahl said her initial reaction is that this is not an appropriate use of
these funds, but further distinction of homeowner use had clarified the matter. She asked why the
$1000 is a grant and not a deferred loan.
Mr. Nordquist said the grant was used because it provided assistance without creating an
administrative burden.
Council Meeting Minutes
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February 26, 2002
Mayor Kirsch said this was a unique situation and it needed to be repaired.
M/Sandahl, S/Kirsch to approve the transfer of $28,600 in Community Development Block
Grant funds for a remediation activity at Lake Shore Drive.
Motion failed 2-2. (Enger and Rosenberg opposed.) Motion failed due to lack of a majority
vote of the City Council.
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Item #7
Public Works Director Eastling reviewed Staff Report No. 51 regarding the acquisition of
three parcels of land from Best Buy Company for future reconstruction of the 1-494 project.
Council Member Sandahl 'said the acquisition sets land aside so no buildings are
constructed when 1-494 expands and does not cost Richfield any money.
M/Rosenberg, S/Sandahl to approve the acquisition of three parcels of land from the Best
Buy Company for the future reconstruction of 1-494 proiect.
Motion carried 3-1. (Enger opposed.)
Item #7 A
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City Manager Orduno completed the resolution by adding March 27,2002 as the extension
date.
Council Member Enger said he did not understand the reason for the extension and didn't
think Best Buy acted properly to get the plat filing completed.
City Attorney Thomson said the delay is not attributable to Best Buy. She said the plat was
submitted to Hennepin County and because a large number of plats needed review, it takes time
especially if there are technical changes. She said Hennepin County controls the timeline.
Council Member Enger asked why the plat is referred to as Best Buy and Opus Northwest
plat.
City Attorney Thomson said it is part of the Best Buy/Opus contract and obligations related
to real estate on behalf of Best Buy.
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. 9154
RESOLUTION GRANTING EXTENSION OF TIME TO FILE
APPROVED PLAT FOR BEST BUY CAMPUS
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Motion carried 3-1. (Enger opposed.) This resolution appears as Resolution No. 9154 in
Resolution Book No. 73.
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Council Meeting Minutes
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February 26, 2002
Item #7B
Council Member Enger said Time-Warner was sold this piece of property so they did not
need to relocate because it was close to their location. He asked about the replacement property
cost for this parcel.
City Manager Orduno said to date, the City has expended $17,713 on this property. These
costs were for appraisal services, attorney's fees and relocation consultant's fees. All of these
costs have been reimbursed by the Metropolitan Airport Commission (MAC).
Council Member Enger said this was a very reasonable cost and now Time-Warner should
have been more equitable.
City Manager Orduno said Time-Warner was able to convince the condemnation
commissioners of this $163,000 award. She said MAC would directly pay this cost if the settlement
was approved by the City Council.
M/Rosenberg, S/Mayor Kirsch to approve the condemnation commissioners' award of
$163,000 for 6509 Cedar Avenue (Parcel 18) (KBL Cablesystems of the Southwest. Inc., dba
Time-Warner) (66th Street/Trunk Hiqhway 77 Interchanqe Proiect).
Motion carried 4-0.
Item #8
None.
Item #9
M/Rosenberg, S/Sandahl that the followinq claims and payrolls be approved:
RICHFIELD BANK & TRUST CO.
I NT Checks: 110649- 110665
H/C 113831 - 114130
PAYROLL 28905 - 29096
TOTAL
$ 54,669.48
$ 565,421.10
$ 486,416.27
$ 1,106,506.85
Motion carried 4-0.
No one addressed the City Council.
Council Meeting Minutes
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February 26, 2002
The meeting was adjourned by unanimous consent at 7:59 ~.m. \ / "()
Date Approved: March 12. 2002 7?7~.Jnr<) /~./;
M~iQ J. Kirs~
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Cheryl Krumholz. U
Recording Secretary
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