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01-10-06 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting January 10, 2006 The meeting was called to order by Mayor Kirsch at 6:31 p.m. Members Present: Martin Kirsch, Mayor; Sue Sandahl; Susan Rosenberg; Fred Wroge; and Bill Kilian. Staff Present: Steve Devich, City Manager; Mike Eastling, Public Works Director; Bruce Palmborg, Community Development Director; Dan Scott, Public Safety Director; Patrick Smith, Community Development Manager; Bruce Nordquist, Housing & Redevelopment Manager; Chris Regis, Finance Manager; Christine Costello, Community Development Coordinator; Cheryl Krumholz, Recording Secretary; and Bryan Shirley, City Attorney. No one was registered to speak. Mayor Kirsch led the audience in the Pledge of Allegiance. M/Kilian, S/Sandahl to approve the minutes of (1) Special City Council Meeting of December 5. 2005: (2) Special City Council Meeting of December 10. 2005: (3) Special Concurrent Citv Council/Planning Commission Worksession of December 13. 2005: and (4) Regular City Council Meeting of December 13. 2005. Motion carried 5-0. Council Meeting Minutes -2- January 10, 2006 Item #1 Public Safety Director Scott presented Richfield Public Safety Police Awards to Sergeant Joseph Griffin and Officer Gregory Peterson. Item #2 Council Member Sandahl reported on a recent Star Tribune article regarding places to ski and that Wood Lake Nature Center was mentioned second of five places. Council Member Rosenberg acknowledged the efforts of staff in producing the State of the City report. It is a good publication that should continue. Council Member Rosenberg reported on recent inaccurate and false information in newspaper articles regarding eminent domain related to Richfield. She said as the City Council representative for the Best Buy area, she knows residents in that area wanted to leave. It was an inappropriate land use with the closeness to the car dealers. She commended the City Manager for his response to the issue in the newspaper. City Manager Devich stated the first Star Tribune article reported Richfield took dozens of homes through condemnation. He said he called many people at the Star Tribune and talked with the reporter's supervisor to clarify that zero homes were taken through condemnation and requested a correction be published. That correction appeared on the website but not in the newspaper itself. A more balanced article appeared later. Council Member Wroge acknowledged the extra efforts of two Wood Lake Nature Center employees, Leah and Kathy, by reading an e-mail from Troy Hohanson about his experience at the nature center. Council Member Kilian acknowledged the efforts of staff and the other participants in producing a video prepared for showing to Legislators related to the State bonding funds for the 17th Avenue project and Lincoln Fields project. Item #3 M/Rosenberg, S/Kilian to approve the aaenda. Motion carried 5-0. Item #4 Mayor Kirsch removed item 4E from the consent calendar and placed it on the regular agenda for consideration as Item 5. Council Meeting Minutes -3- January 10, 2006 A. Approved designating Acting City Manager when City Manager absent from City in 2006 S.R. No.1 B. Approved resolution designating Richfield Sun Current as official newspaper and Minneapolis Star Tribune as second official newspaper for 2006 S.R. NO.2 RESOLUTION NO. 9705 RESOLUTION DESIGNATING AN OFFICIAL NEWSPAPER FOR 2006 This resolution appears as Resolution No. 9705 in Resolution Book No. 75. C. Approved resolution regarding attendance by City Council Members at City Council meetings for 2006 S.R. NO.3 RESOLUTION NO. 9706 RESOLUTION REGARDING ATTENDANCE BY COUNCIL MEMBERS AT COUNCIL MEETINGS This resolution appears as Resolution No. 9706 in Resolution Book No. 75. D. Approved resolution designating official depositories, including approval of collateral, for 2006 S.R. NO.4 RESOLUTION NO. 9707 RESOLUTION DESIGNATING CERTAIN FINANCIAL INSTITUTIONS AS DEPOSITORIES FOR THE INVESTMENT OF . CITY OF RICHFIELD FUNDS IN 2006 RESOLUTION NO. 9715 RESOLUTION DESIGNATING CERTAIN SAVING AND LOAN ASSOCIATIONS AND BANKS AS DEPOSITORIES FOR THE DEPOSIT AND INVESTMENT OF CITY FUNDS IN 2006 RESOLUTION NO. 9716 RESOLUTION DESIGNATING M & I MARSHALL & ILLSLEY BANK A DEPOSITORY OF FUNDS OF THE CITY OF RICHFIELD FOR THE YEAR 2006 RESOLUTION NO. 9717 RESOLUTION DESIGNATING U.S. BANK A DEPOSITORY OF FUNDS OF THE CITY OF RICHFIELD FOR THE YEAR 2006 These resolutions appear as Resolution No.'s 9707,9715,9716 and 9717 in Resolution Book No. 75. E. Removed from the Consent Calendar and placed on the regular agenda for consideration as Item 5. Council Meeting Minutes -4- January 10, 2006 F. Approved resolution pertaining to filing of Pay Equity Report with Minnesota Department of Employee Relations S.R. NO.6 RESOLUTION NO. 9709 RESOLUTION PERTAINING TO FILING OF THE PAY EQUITY REPORT WITH THE MINNESOTA DEPARTMENT OF EMPLOYEE RELATIONS This resolution appears as Resolution No. 9709 in Resolution Book No. 75. G. Approved resolution granting subdivision waiver for 6646 Newton Avenue to create two single family lots S.R. NO.7 RESOLUTION NO. 9710 RESOLUTION AUTHORIZING A SUBDIVISION WAIVER 6646 NEWTON AVENUE SOUTH This resolution appears as Resolution No. 9710 in Resolution Book No. 75. H. Approved resolution authorizing Public Safety's acceptance of $25,114 Justice Assistance Grant from U.S. Department of Justice S.R. NO.8 RESOLUTION NO. 9711 RESOLUTION AUTHORIZING THE DEPARTMENT OF PUBLIC SAFETY/POLICE TO ACCEPT THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FOR $25,114 FROM THE OFFICE OF JUSTICE PROGRAMS TO BE USED FOR THE POLICE CANINE PROGRAM AND THE POLICE ACCESS CONTROL SYSTEM This resolution appears as Resolution No. 9711 in Resolution Book No. 75. I. Approved continuing agreement with City of Bloomington for 2006 public health services for City of Richfield SR. NO.9 M/Rosenberg, S/Sandahl to approve the Consent Calendar as amended. Motion carried 5-0. Item #5 4E. Consideration of approval of resolution providing funding of certain human service agencies for 2006 in total amount of $93,570 S.R. No.5 Mayor Kirsch stated Item 4E was removed to be considered separately because Council Member Rosenberg will be abstaining from voting. She is employed by one of the agencies, Loaves & Fishes, which is to receive funding. M/Kilian, 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: Council Meeting Minutes -5- January 10, 2006 RESOLUTION NO. 9708 A RESOLUTION APPROVING THE 2006 SOCIAL SERVICE AGENCY FUNDING RECOMMENDATIONS AND AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS FOR SERVICE WITH THOSE AGENCIES FUNDED BY THE CITY Motion carried 4-0. (Rosenberg abstained.) This resolution appears as Resolution No. 9708 in Resolution Book No. 75. Item #6 Council Member Kilian presented Staff Report No. 10 regarding consideration of the division of question and amend the proposed ordinance as presented by removing rezoning of 200 78th Street West, 7700, 7701, 7709, 7715, 7717 & 7721 Pillsbury Avenue, 7700 & 7720 Wentworth Avenue, 100 78th Street West, 1400 78th Street East, 1420 & 1500 78th Street East, 7700 Bloomington Avenue, and 7711 14th Avenue and create a separate ordinance; continue the public hearing and second reading regarding these certain property rezonings as separate ordinance until March 28, 2006; conduct and close a public hearing regarding a second reading of amendments and additions to Richfield Zoning Code Sections 506.07, 615.01, 530 and Appendix 1 to create mixed use regional, mixed use commercial and mixed use neighborhood districts and amend the zoning district boundaries, as amended in the previous motion; and a resolution authorizing a summary publication of the ordinance that received second reading. Community Development Manager Smith explained that a separate ordinance for certain properties is necessary because State law does not allow rezoning of property that conflicts with the existing Comprehensive Plan. Since the proposed plan amendment is not yet approved by the Metropolitan Council, the City Council cannot approve those 15 properties. The other properties conform with the current Comp Plan so the proposed ordinance on the remaining properties can move forward. M/Kilian, S/Sandahl to divide the Question and amend the ordinance as presented bv removinQ from the proposed ordinance the rezoninQ of the followinQ properties: 200 78th Street West. 7700 Pillsbury Avenue S. 7701 Pillsbury Avenue S. 7709 Pillsbury Avenue S. Council Meeting Minutes -6- January 10, 2006 7715 Pillsbury Avenue S. 7717 Pillsbury Avenue S. 7721 Pillsbury Avenue S. 7700 Wentworth Avenue S. 7720 Wentworth Avenue S. 100 78th Street W. 1400 78th Street E. 1420 78th Street E. 1500 78th Street E. 7700 Bloominaton Ave S. and 7711 14th Avenue S and separatina the rezonina of those properties into a separate ordinance: and continue the second readina of the ordinance for the rezonina of the properties at 200 78th Street West. 7700 Pillsbury Avenue S. 7701 Pillsbury Avenue S. 7709 Pillsbury Avenue S. 7715 Pillsbury Avenue S. 7717 Pillsbury Avenue S. 7721 Pillsbury Avenue S. 7700 Wentworth Avenue S. 7720 Wentworth Avenue S. 100 78th Street W. 1400 78th Street E. 1420 78th Street E. 1500 78th Street E. 7700 Bloominaton Ave S. and 7711 14th Avenue S until March 28. 2006. Motion carried 5-0. Greg Ingraham, Hosington, Koegler Group Inc. (HKGi), reviewed the background on the proposed 1-494 mixed use zoning districts. Council Member Wroge questioned if the Richfield-Bloomington Credit Union would be conforming since it appears no drive-up use is permitted in the proposed ordinance. Mr. Ingraham explained drive-ups are permitted except in neighborhood districts, with some limitations and performance standards in other districts. Community Development Manager Smith stated conditions must be met to determine a conforming use. Community Development Coordinator Costello said the credit union would meet the proposed standards for a drive-up. Council Member Wroge questioned if a potential Culver's restaurant with a drive-up service by Candlewood would be permitted. He said he has concerns because he's supporting business. Mr. Ingraham explained the requirements for a drive-up in a mixed-use district with a conditional permit. Council Member Sandahl stated a Culver's drive-up could be on the backside of the building with a second story. Council Member Kilian said a land swap could occur to connect to another building. Council Member Wroge stated the City has been waiting seven to eight years for a tablecloth restaurant and Culver's wants to be here with no City financing as a private development and now the City can't fix it for them. Mayor Kirsch said staff is experienced with working with developers. The Planning Commission unanimously recommended approval of the proposed ordinance. Donna Drummond, Planning Commission Chair, reported the Planning Commission reviewed the proposed zoning ordinance in detail and believed it was a good addition to the Zoning Code and direction for along 1-494. Heidi Peterson, Menards Inc. representative, stated most of their questions were answered during the review process. She asked about the result of a Menards with a two-story expansion, but not a mixed use. Mr. Ingraham explained the percentage of mixed use that is required in the commercial district. Council Meeting Minutes -7- January 10, 2006 Joe Hoover, 7627 Harriet Avenue, expressed support for the proposed zoning amendments because standards are being set so businesses can be held accountable for their property. He asked the City to consider the impact a development will have on the residents living in the area, especially related to lighting. Community Development Manager Smith said there is a 24' light pole height restriction in the proposed zoning ordinance. M/Rosenberg, S/Kilian to close the public hearina. Motion carried 5-0. M/Kilian, S/Rosenberg 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. 9712 RESOLUTION APPROVING SUMMARY PUBLICATION OF BILL NO. 2006-1 Council Member Wroge expressed concern regarding the process because after information was received at the public meetings, no other meeting with the public were held. He encouraged that two more meetings be held so the public can see what is being done. He said there are comments that business is behind the proposed zoning change. He walked the area and found no business support but he's sure there are some. Saying it and proving it is another thing. He questioned why the zoning changes are being rushed. Council Member Wroge stated the City Attorney knows and understands that he will abstain from voting if items are changed at City Council meetings, such as the revised resolution distributed this evening. Council Member Wroge continued that he doesn't think private development is being promoted. With the high density on 77th Street, what happens to parking since it's decreased in the ordinance. He said he's asked staff what happened to affordable housing but has received no answer. Businesses want to improve but the City is stopping it. Council Member Wroge said he believes the ordinance is being rushed because no CVS or hamburger joint like Wendy's was wanted in the area. Now the City is making it hard for Culver's to come to Richfield and become the first one in an urban area. Because of the rushing, mistakes are being made. Approving the ordinance tonight is being done for the wrong reasons. There is an implication that a lot of outside developers were involved in the process of the vision, but that turns out to not be accurate. City Attorney Shirley clarified that the City Attorney had advised staff that the title language for the summary publication resolution should reflect the exact title language of the ordinance, so as to avoid any confusion regarding exactly which ordinance is being summarized. There have been no substantive changes to the title and no changes whatsoever to the body of the proposed summary text. Council Member Wroge stated that his reason for abstaining included the revised resolution, taking out some properties from the original ordinance and the Comp Plan is not approved until March. Businesses and apartments are on hold for 30 years and won't know if they get to stay. Mayor Kirsch stated the Planning Commission held a public hearing so there was an opportunity to see the plan. Council Meeting Minutes -8- January 10, 2006 Community Development Manager Smith said property owners along the 1-494 Corridor and properties within 350' of the corridor were notified of the public hearing. Council Member Wroge said if three sessions were held to show possibilities, a fourth should have been held to show the end result. Council Member Kilian stated the moratorium has been in place for one year so planning this ordinance has been underway for one year. The moratorium was a defense mechanism. There are concerns along the 1-494 Corridor that there are significantly under developed properties that now have a potential for increased tax capacity. Ms. Drummond said the Comp Plan deadline to the Met Council is March 2008. The process should involve significant public input. Council Member Rosenberg expressed concern regarding the housing in the proposed ordinance. Affordable housing concerns in the corridor have not been answered. Subsidized housing is needed and increased rent will not be affordable. She said she supported the ordinance but housing is an issue. Housing & Redevelopment Manager Nordquist stated staff is equally concerned and sensitive to housing issues. The Comp Plan specifically speaks to that agenda, not in numbers but in need. Council Member Rosenberg said the Affordable Housing Committee will continue to work with staff to balance housing. Council Member Wroge asked how a developer would be stopped from buying units west of the bowling alley and developing the land if the Comp Plan requirements were met. Council Member Kilian asked if most cases require a conditional use permit. Community Development Manager Smith said that most do not. Council Member Kilian asked if a dedicated number of affordable housing was an option. Housing & Redevelopment Manager Nordquist explained that affordable housing is not included as a performance standard in the zoning ordinance. Council Member Sandahl expressed support for the ordinance and complimented staff and the Planning Commission for the multiple public meetings because input made a difference. It is not true the ordinance is being rushed. There were numerous opportunities for input, but that's not to say it was perfect and there could be possible corrections in the future. This is a good ordinance to move forward with the Comp Plan. The City should not plan on what the Met Council does, but rather move forward and deal with this process. Council Member Sandahl stated an observation that, in the Best Buy redevelopment project, residents used money from the buyout to purchase homes so some apartment renter could use their buyout funds to purchase a home. Council Member Kilian said some may accuse the City Council of not listening but there was a lot of listening in the entire process and choices needed to be made. Some may not agree with the direction taken. He expressed support for the ordinance. Mayor Kirsch expressed support for the ordinance. Changes were made during the process. The 1-494 Corridor is a major corridor and needs a vision, which is needed for staff and developers. The public needs to be aware that there will be no bulldozers tomorrow and changes will take a number of years. Council Meeting Minutes -9- January 10, 2006 City Manager Devich asked a procedural question regarding the ordinance and resolution. Council Member Kilian and Council Member Rosenberg withdrew their previous motion regarding the summary publication. M/Kilian, S/Rosenberg that this constitutes the second readinq of Bill No. 2006-1 amendinq and addinq to Richfield Zoninq Code Sections 506.07.516.01.530 and Appendix 1 to create the Mixed Use Reqional. Mixed Use Commercial and Mixed Use Neiqhborhood Districts. and to amend zoninq district boundaries as amended bv the previous motion. that it be published in the official newspaper and that it be made part of these minutes. Council Member Sandahl asked about the City Council reviewing improvements to existing buildings in the corridor. Community Development Manager Smith explained non-conforming and conforming uses. Motion carried 4-0. (Wroge abstained.) M/Kilian, 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. 9712 RESOLUTION APPROVING SUMMARY PUBLICATION OF BILL NO. 2006-1 Motion carried 4-0. (Wroge abstained.) This resolution appears as Resolution No. 9712 in Resolution Book No. 75. Item #7 Council Member Wroge presented Staff Report No. 11 regarding a resolution approving the 2006-2007 Labor Agreement between the City of Richfield and Police Supervisors Law Enforcement Labor Services Local 162. MlWroge, S/Kilian 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. 9713 RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND LAW ENFORCEMENT LABOR SERVICES (LELS), LOCAL 162 BARGAINING UNIT FOR THE YEARS 2006-2007 Motion carried 5-0. This resolution appears as Resolution No. 9713 in Resolution Book No. 75. Council Meeting Minutes -10- January 10, 2006 It m#8 Council Member Sandahl presented Staff Report No. 12 regarding a resolution supporting a Constitutional Amendment for dedicating 100% of motor vehicle sales tax revenue to highway and public transit purposes. Council Member Wroge asked about the impact of this resolution on local government aid allocations. Council Member Sandahl said it is possible the State may find another purpose for the General Fund. M/Sandahl, S/Kilian that the followino resolution be adopted, that it be spread in the resolution book and that it be made part of these minutes and endorse video promotino passaoe of the Constitutional amendment: RESOLUTION NO. 9714 RESOLUTION SUPPORTING PASSAGE OF A CONSTITUTIONAL AMENDMENT DEDICATING 100% OF MOTOR VEHICLE SALES TAX REVENUE TO HIGHWAY AND PUBLIC TRANSIT PURPOSES Motion carried 5-0. This resolution appears as Resolution No. 9714 in Resolution Book No. 75. Item #9 Mayor Kirsch presented Staff Report No. 13 regarding the designation of Mayor Pro Tempore for 2006. Mayor Kirsch stated that, in the past, he has suggested the Mayor Pro Tempore but there may be others interested. Council Member Rosenberg suggested the appointment be on a rotating basis. There are other Council Members qualified and capable. The designation is not often used. Mayor Kirsch said the City Council at-Large has been designated in the past. Council Member Wroge and Council Member Kilian both said they would decline the designation until they are more experienced as Council Members. M/Sandahl, SlWroge to desionate Council Member Rosenbero to serve as Mavor Pro Tempore for the year 2006. Motion carried 5-0. Council Meeting Minutes -11- January 10, 2006 Item #10 Mayor Kirsch presented Staff Report No. 14 regarding the designation of the Mayor's appointment of Housing and Redevelopment Authority Commissioner to fill an unexpired term. M/Kirsch, S/Kilian to appoint Donna Drummond as an HRA Commissioner to fill a term expirino October 2007. Council Member Wroge stated he had hoped the HRA membership would move more to the City Council. He suggested the Mayor inform the other City Council Members in advance of his designation so there can be more time to consider it. Mayor Kirsch explained he spent considerable time on this designation and feels comfortable with his choice. Motion carried 5-0. Item #11 Mayor Kirsch presented Staff Report No. 15 regarding the designation of representatives to serve as 2006 liaisons to various metropolitan agencies and City commissions. Assoc. Metro Municipalities Bill Kilian Representative Sue Sandahl Alternate Southwest Cable Commission Fred Wrooe Representative Steve Devich Representative Sue Sandahl Alternate NOISE Bill Kilian Representative Sue Sandahl Alternate NOISE Oversioht Committee Bill Kilian Representative Pam Dmytrenko Alternate Leaoue of Minnesota Cities Martin Kirsch Representative Sue Sandahl Liaison Richfield School District Susan Rosenbero Representative Fred Wrooe Alternate StorefrontIYouth Action KathY Farris Liaison Fred Wrooe Alternate 1-35W Solutions Alliance Sue Sandahl Liaison Mike Eastlino Alternate 494 Corridor Commission Sue Sandahl Liaison Tom Foley Alternate Transportation Committee Sue Sandahl Liaison Bill Kilian Alternate Advisory Board of Health Martin Kirsch Liaison Susan Rosenbero Alternate Community Services Commission Fred Wrooe Liaison Susan Rosenbero Alternate Council Meeting Minutes Human Riohts Commission Plan nino Commission Friendship City Commission Arts Commission Celebrations Commission Richfield Community Human Services Plan nino Council FOWL Board Richfield 2020 Familv Friendlv Task Force City Hall Task Force Richfield Historical Society -12- Susan Rosenbero Bill Kilian Martin Kirsch Bill Kilian Martin Kirsch Sue Sandahl Susan Rosenbero NONE Susan Rosenbero Fred Wrooe Sue Sandahl Susan Rosenbero NONE Fred Wrooe Susan Rosenbero Sue Sandahl Sue Sandahl Susan Rosenbero Fred Wrooe Fred Wrooe January 10, 2006 Liaison Alternate Liaison Alternate Liaison Alternate Liaison Alternate Liaison Alternate Alternate Representative Alternate Representative Alternate Representative Representative Representative Liaison Representative M/Kilian, S/Rosenberg to approve the 2006 liaison appointments to various metropolitan aoencies and City commissions. Motion carried 5-0. Item #12 Council Member Rosenberg presented Staff Report No. 16 regarding designation of Council Member(s) to attend the March 2006 National League of Cities Congressional Conference; 2006 N.O.I.S.E. Conference and December 2006 National League of Cities Congress of Cities Conference. M/Rosenberg, S/Sandahl to desionate Mavor Kirsch to attend the March 2006 National Leaoue of Cities Conoressional Conference: to desionate Council Member Kilian to attend the September 2006 N.O.I.S.E. Conference: and to reserve makino the determination of attendees to the December 2006 National Leaoue of Cities Conoress of Cities Conference. Motion carried 5-0. Item #13 Council Meeting Minutes -13- January 10, 2006 City Manager Devich reported on the: . Fourth quarter MSP Noise News publication as a good source of information related to the Runway 17/35. . City Council/School Board meeting on February 21 at 5:00 p.m. at the Richfield High School. Council Member Wroge said he would not be available on February 21 and requested the date be changed due to the topics being discussed. The City Council agreed that the City Council/School Board meeting should be attended by all members and suggested February 6 at 5:00 p.m. . City Council/Legislators meeting to be scheduled prior to the Legislature session starting in March. . Discussed the proposed eminent domain legislation. Item #14 M/Rosenberg, SlWroge that the followinQ claims and pavrolls be approved: u. S. BANK 12-27-05 AlP Checks: 146853 - 147171 PAYROLL 26069 - 26412; 41028 - 41035 TOTAL $ 900,423.42 $ 450,112.07 $ 1,350,535.49 U. S. BANK 1-10-06 AlP Checks: 147172 - 147461 PAYROLL 26413 - 26758; 41036 TOTAL $ 1,008,756.55 $ 493,177.91 $ 1,501,934.46 Motion carried 5-0. The City Council meeting was adjourned by unanimous consent at 8: 0 "'; ......, Date Approved: January 24. 2006 )?' '-.. Marti o ~L f'~A~ Cheryl rumho Recording Secretary