04-16-12 Special HRA/CC Meeting HOUSING AND REDEVELOPMENT
AUTHORITY MEETING MINUTES
G"e el Richfield, Minnesota
Special HRA/City Council Meeting
April 16, 2012
CALL TO ORDER
The meeting was called to order by Mayor Goettel and Chair Sandahl at 7:30 p.m. in the
Council Chambers.
ROLL CALL
Council Members Debbie Goettel, Mayor; Pat Elliott; Sue Sandahl; Fred Wroge; and Tom
Present: Fitzhenry
HRA Members Sue Sandahl, Chair; Doris Rubenstein; Steven J. Quam; David Gepner and
Present: Debbie Goettel
Staff Present: Steven L. Devich, City Manager/HRA Executive Director; John Stark,
Community Development Director; Christine Costello, Community
Development Coordinator; Julie Eddington, HRA Attorney; Corrine Heine,
City Attorney; and Cheryl Krumholz, Executive Coordinator.
City Attorney Heine stated that on Friday, April 13, Ron Clark notified her and staff that he
withdrew his applications for rezoning and replatting and his intention is to return to the drawing board
and resubmit an application. Withdrawal of the application means that the 60-day clock has been
stopped. If and when a new application is submitted, the clock will start over. Because there is no
pending land use application and there is no pending offer to purchase land, the land sale items on
tonight's agenda are no longer necessary. She concluded that Mr. Clark was informed the items
related to the Pillsbury Commons project are pulled from the April 23 Planning Commission meeting.
Council Member/Chair Sandahl announced for the record, the City Council, Housing and
Redevelopment Authority, and Planning Commission have all received a copy of an e-mail/letter from
the following person(s) regarding the proposed Pillsbury Commons, which will be included in the
record:
• Barry LeBlanc, 7521 Pillsbury Ave. Received April 12, 2012.
James Susag, land use counsel for Ron Clark Construction, confirmed the land use
application was withdrawn because it appeared at the last meeting the plan was not supported by the
City and there should be better use of the land. Concerns raised will be addressed and a revised
plan will be submitted to the City within a week.
Special Meeting Minutes -2- April 16, 2012
City Attorney Heine stated that it is staff's intention if a definite offer for the purchase of
property is received in time to meet publication deadlines, the notice of public hearing and public
comment would be scheduled for the May HRA meeting to appropriately move forward with the plan.
In response to a question by Commissioner Quam, HRA Attorney Eddington explained that
state statutes do not require the HRA to call for the public hearing and traditionally staff calls a public
hearing on the HRA's behalf. She also indicated that it would be premature for the HRA to decide to
call a public hearing because there is no purchase offer on the table.
City Manager/Executive Director Devich stated that if the HRA feels strongly on this process,
the HRA, not staff, could place that authority back on the policymakers.
City Attorney Heine further explained the process, including the preliminary agreement the
HRA has with the developer to exercise good faith to call a public hearing.
Mayor/Commissioner Goettel asked about the timeline status, specifically the 60-day clock
and the HRA's preliminary agreement.
City Attorney Heine responded that the 60-day clock has stopped because no application is
pending and the developer was informed the revised land use application starts the clock from the
beginning again.
HRA Attorney Eddington stated the preliminary agreement is for 15 months with an automatic
6 month extension, that the agreement was executed May 16, 2011, and it would expire February 16,
2013; unless released for other reasons.
Commissioner Quam asked if the preliminary agreement could be terminated by the HRA if it
is believed the developer has not pursued the project in good faith.
HRA Attorney Eddington responded the HRA can terminate the agreement if it is believed the
developer has not been diligent in the process.
Commissioner Quam stated he was not prepared to take that action tonight because Mr.
Susag explained additional information will be presented in the near future but that he may make a
motion to terminate if it does not happen.
Council Member Wroge asked whether there was any expectation that the review process
would be shortened or whether the application would follow the process required for other developers.
Community Development Director Stark reviewed the timeline for the land use application,
including staff review, Planning Commission consideration, and City Council consideration. He added
that land use applications are not considered by the HRA.
Council Member Wroge indicated that he did not want to make a decision the same night as
the public hearing but wanted time to think about the comments at the hearing before making a
decision.
Council Member Wroge expressed his concerns regarding density and that the proposal to
buy land and give it back solely to get down the density for the project is not acceptable. He stated
the housing market is changing positively and he supported density for single-family owner
townhomes. He said Ron Clark lost credibility with him by making all the housing changes from his
original proposal.
Mr. Susag stated that the next presentation will be very direct and include addressing
concerns and discussion market studies.
Special Meeting Minutes -3- April 16, 2012
Item #1 CITY COUNCIL CONSIDERATION OF FIRST READING OF ORDINANCE
AUTHORIZING SALE OF CITY PROPERTY TO RON CLARK CONSTRUCTION
AND DESIGN (CITY COUNCIL STAFF REPORT NO. 74)
No discussion or action taken.
Item #2 HRA CONSIDERATION OF MOTION DIRECTING STAFF TO SCHEDULE
PUBLIC HEARING TO CONSIDER SALE OF 211 76TH STREET WEST
(FORMER GLEASON'S MORTUARY STIE) TO RON CLARK CONSTRUCTION
AND DESIGN (HRA STAFF REPORT NO. 16)
No discussion or action taken.
ADJOURNMENT
The City Council/HRA Meeting was adjourned by unanimous consent at 8:04 p.m.
Date Approved: May 21, 2012
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Cheryl l
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Executive Coordinator Exe•utive Director