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06-26-12 Regular CITY COUNCIL MEETING MINUTES ,e/e j Richfield, Minnesota gii'4 " s / Regular Meeting June 26, 2012 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:00 p.m. ROLL CALL Members Present: Debbie Goettel, Mayor; Tom Fitzhenry; Pat Elliott, Sue Sandahl; and Fred Wroge. Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; John Stark, Community Development Director; Jim Topitzhofer, Recreation Services Director; Todd Sandell, Acting Public Safety Director; Chris Regis, Finance Manager; Pam Dmytrenko, Assistant City Manager; Conine Heine, City Attorney; and Cheryl Krumholz, Executive Coordinator. OPEN FORUM City Attorney Heine stated public comment is not required on non-public hearing items on the agenda. It is the City Council's decision to allow comment when that item comes before them. Andy Hartle, 6332— 17th Avenue, expressed support for the proposed acquisition of properties on 17th Avenue. PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Wroge, S/Fitzhenry to approve the minutes of(1) Special City Council Worksession of June 12, 2012. Motion carried 5-0. Item#1 PRESENTATION OF GENE AND MARY JACOBSEN OUTSTANDING CITIZEN OF YEAR AWARD TO PATRICK OLSON (COUNCIL MEMO NO. 74) Council Meeting Minutes -2- June 26,2012 Mayor Goettel presented the Gene and Mary Jacobsen Outstanding Citizen of the Year Award to Patrick Olson. Item #2 PRESENTATION OF CERTIFICATE OF APPRECIATION TO THE RICHFIELD FOURTH OF JULY COMMITTEE Mayor Goettel presented a Certificate of Appreciation to the Richfield Fourth of July Committee representatives Kelly Robison and Andrew Seffrood. Item #3 COUNCIL DISCUSSION • HATS OFF TO HOMETOWN HITS None. Item #4 COUNCIL APPROVAL OF AGENDA MNVroge, S/Elliott to approve the agenda. Motion carried 5-0. Item #5 CONSENT CALENDAR A. Consideration of approval of resolution declaring adoption by the City of the Ten Performance Measures and Performance Measure System as developed by the Legislative Council on Local Results and Innovation S.R. No. 104 RESOLUTION NO.10661 RESOLUTION ADOPTING AND IMPLEMENTING MODEL PERFORMANCE MEASURES FOR CITIES AS ESTABLISHED BY THE COUNCIL ON LOCAL RESULTS AND INNOVATION, CREATING A COMPREHENSIVE PERFORMANCE MEASUREMENT SYSTEM, REPORTING THE RESULTS OF SUCH REPORT TO THE LOCAL PUBLIC, AUHTORIZING THE SURVEY OF RESIDENTS, AND REPORTING RESULTS TO THE OFFICE OF THE STATE AUDITOR This resolution appears as Resolution No. 10661. B. Consideration of approval of award of contract to Maenke Brothers Outdoor to install landscaping for the final phase of the Honoring All Veterans Memorial in the amount of $30,832 S.R. No. 105 C. Consideration of approval of award of contract to Murphy Granite Carving, Inc. to install remaining granite features for the final phase of the Honoring All Veterans Memorial in the amount of$32,297 S.R. No. 106 D. Consideration of approval of Community Celebration Event license, with a request for a fee waiver, and a Temporary On-Sale Intoxicating Liquor license for the Fourth of July Committee for events scheduled to take place at Veterans Memorial Park, July 1 through July 5, 2012 S.R. No.107 E. Consideration of approval of temporary on-sale 3.2 percent malt liquor license for the Minneapolis-Richfield American Legion Post 435, 6501 Portland Avenue South, for activities scheduled to take place on July 4, 2012 S.R. No. 108 F. Consideration of approval of first reading of an ordinance rezoning the property at 301 — 77th Street West (commonly referred to as the "Candlewood Outlot")from Mixed-Use— Community (MU-C) to Planned Mixed Use (PMU) S.R. No. 109 Council Meeting Minutes -3- June 26,2012 M/Goettel, S/Elliott to approve the Consent Calendar. Motion carried 5-0. Item #6 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR None. Item #7 CONSIDERATION OF REQUEST FOR RECONSIDERATION OF THE COUNCIL'S JUNE 12, 2012 ACTIONS REGARDING THE PURCHASE AGREEMENT AND FIRST READING OF AN ORDINANCE RELATED TO THE SALE OF REAL PROPERTY(C-1 AND C-2 PARCELS) TO RICHFIELD PROPERTIES I, LIMITED PARTNERSHIP (DBA RON CLARK CONSTRUCTION AND DESIGN AND CONNELLY DEVELOPMENT) S.R. NO. 110 Council Member Sandahl presented Staff Report No. 110. M/Sandahl, Goettel to deny request for reconsideration of the Council's June 12, 2012 actions regarding the purchase agreement and first reading of an ordinance related to the sale of real property (C-1 and C-2 parcels)to Richfield Properties I, Limited Partnership (dba Ron Clark Construction and Design and Connelly Development). Council Member Wroge stated nothing positive had changed since the decision was made. Council Member Sandahl stated she originally supported the reconsideration but understood the votes necessary were not there. Motion carried 5-0. Item#8 PUBLIC HEARING AND CONSIDERATION OF A MODIFICATION TO THE REDEVELOPMENT PLAN FOR THE RICHFIELD REDEVELOPMENT PROJECT AREA AND ADOPTING A TAX INCREMENT FINANCING PLAN FOR THE 2012-1 HOUSING TAX INCREMENT FINANCING DISTRCIT (PILLSBURY COMMONS) S.R. NO. 111 Mayor Goettel presented Staff Report No. 111. Ghislaine Ball, 7627 Harriet Avenue, stated if the City leaves the property fallow, there will be more tax benefit in 15 years than in 30 years with a TIF District. Council Member Wroge said he believed the land is valuable and could be used a different way. He added he was surprised TIF was needed at all on this project. M/Wroge, S/Sandahl to close public hearing. Motion carried 5-0. M/Goettel, S/Wroge that the followinq resolution be adopted and that it be made part of these minutes: RESOLUTION NO.10662 RESOLUTION DENYING APPROVAL OF A MODIFICATION Council Meeting Minutes -4- June 26,2012 TO THE REDEVELOPMENT PLAN FOR RICHFIELD REDEVELOPMENT PROJECT AREA AND ESTABLISHMENT OF 2012 1 HOUSING TAX INCREMENT FINANCING DISTRICT (PILLSBURY COMMONS)AND A TAX INCREMENT FINANCING PLAN THEREFOR Motion carried 5-0. This resolution appears as Resolution No. 10662 Item#9 CONSIDERATION OF FIRST READING OF ORDINANCE REZONING 211 WEST 76TH STREET&7641 PLEASANT AVENUE FROM INDUSTRIAL (I)TO PLANNED MULTI-FAMILY RESIDENTIAL (PMR) S.R. NO. 112 Council Member Wroge presented Staff Report No. 112. Community Development Director Stark stated the Planning Commission unanimously voted to not rezone the site and took no action on the other related items. MNVroge, S/Elliott to deny first reading of ordinance rezoning 211 West 76th Street and 7641 Pleasant Avenue from Industrial (I)to Planned Multi-Family Residential (PMR). City Attorney Heine recommended the motion be amended to include the findings of fact as set forth in the resolution with Item #11. MNVroge, S/Goettel to amend the original motion to include the findings of fact and deny first reading of ordinance rezoning 211 West 76`" Street and 7641 Pleasant Avenue from Industrial (I)to Planned Multi-Family Residential (PMR). Motion carried 5-0. Item #10 CONSIDERATION OF SECOND READING OF TRANSITORY ORDINANCE AUTHORIZING SALE OF REAL PROPERTY AT 7641 PLEASANT AVENUE (SOUTH PORTION ONLY, REFERRED TO AS PARCEL C-3) TO R.E.C., INC. S.R. NO. 113 Council Member Elliott presented Staff Report No. 113. M/Elliott, S/Sandahl that this constitutes the second reading of Bill No. 2012-7, Transitory Ordinance 18.83 authorizing sale of real property at 7641 Pleasant Avenue (south portion only, referred to as parcel C-3)to R.E.C., Inc., that it be published in the official newspaper and that it be made part of these minutes. Motion carried 5-0. Item #11 CONSIDERATION OF FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR PLANNED UNIT DEVELOPMENT TO INCLUDE A 70-UNIT DEVELOPMENT THAT INCLUDES 18 TOWNHOMES AND A 52-UNIT APARTMENT BUILDING ON 7641 PLESANT AVENUE (THE FORMER RICHFIELD PUBLIC WORKS GARAGE PROPERTY AND THE FORMER GLEASON MORTUARY AT 211 WEST 76TH STREET) BY RICHFIELD PROPERTIES I, LIMITED PARTNERSHIP (DBA RON CLARK CONSTRUCTION AND DESIGN AND CONNELLY DEVELOPMENT) S.R. NO. 114 Mayor Goettel presented Staff Report No. 114. Council Member Sandahl read the findings of facts stated in the resolution. Council Member Wroge stated he's learned a lot through this process. Council Meeting Minutes -5- June 26,2012 Council Member Fitzhenry thanked the citizen group for their involvement. He encouraged them to remain involved in the community. Mayor Goettel encouraged residents to become engaged in the review of the Stantec Housing Report. M/Goettel, S/Fitzhenry that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO.10663 RESOLUTION DENYING REQUEST FOR REZONING, FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR PILLSBURY COMMONS Motion carried 5-0. This resolution appears as Resolution No. 10663. Item #12 CONSIDERATION OF AUTHORIZING STAFF TO HIRE A CONSULTANT TO PERFORM APPRAISALS AND BEGIN ACQUISITION SERVICES FOR 13 RESIDENTIAL PROPERTIES ON 17TH AVENUE BETWEEN 63RD STREET AND 65Th STREET NEEDED FOR CONSTRUCTION OF RICHFIELD PARKWAY S.R. NO. 115 Council Member Fitzhenry presented Staff Report No. 115. Public Works Director Eastling stated there were five property owners not at the neighborhood meeting but contact has been made with all of them. However, two or three have not responded. Public Works Director Eastling explained the resident-driven petition process, including the property owners having the appraisal and contingent purchase agreement in advance of signing the petition. When a petition is presented to the City Council, it is a City Council decision to proceed. Council Member Wroge stated if one or two properties don't want to be acquired, the City could threaten condemnation. City Attorney Heine stated the City has never acquired residential property by condemnation. Council Member Sandahl said since this is a roadway project, the City does have the authority to condemn and the City could build in the right-of-way and leave the home. M/Fitzhenry, S/Goettel to approve authorizing staff to hire a consultant to perform appraisals and begin acquisition services for 13 residential properties on 17m Avenue between 63rd Street and 65m Street needed for construction of Richfield Parkway. Motion carried 5-0. Item #13 CITY MANAGER'S REPORT None. Item #14 CLAIMS AND PAYROLLS M/Sandahl, S/Wroge that the following claims and payrolls be approved: Council Meeting Minutes -6- June 26,2012 U.S. Bank 06/26/12 A/P Checks: 213748-214301 $ 1,177,265.57 Payroll: 84653-85017; 41880—41882 $ 585,493.68 TOTAL $ 1,762,759.25 Motion carried 5-0. OPEN FORUM None. ADJOURNMENT The City Council meeting was adjourned by unanimous consent at 8:06 p.m. Date Approved: July 10, 2012 4 /� a Al ' ' n oe oettel A-- --- Cheryl K, mhol 'en L. D-vich Executive Coordinator Ci r Manager