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11-26-01 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting November 26, 2001 CALL TO ORDER The meeting was called to order by Mayor Kirsch at 7:04 p.m. ROLL CALL 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; Mike Eastling, Public Works Director; Bruce Palmborg, Community Development Director; Cheryl Krumholz, Recording Secretary; and Corrine Thomson, City Attorney. OPEN FORUM No one contacted the City Manager’s office to register to speak. Mayor Kirsch stated pre-registration cards were available in the Chambers if someone wished to address the City Council and had not called the City Manager’s office. No one addressed the City Council. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Kirsch led the audience in the Pledge of Allegiance. Council Meeting Minutes-2-November 26, 2001 APPROVAL OF MINUTES M/Sandahl, S/Rosenberg to approve the minutes of the Special City Council Meeting of November 9, 2001. Motion carried 5-0. Mayor Kirsch introduced Andrew Lindberg, Boy Scout Troop 386, who was in the audience to earn his communications merit badge. Item #1PRESENTATION FROM ADJUTANT GENERAL OF MINNESOTA MAJOR GENERAL EUGENE R. ANDREOTTI REGARDING SUPPORT OF CITY EMPLOYEES IN MINNESOTA NATIONAL GUARD AND PARTICIPATING IN STATE ACTIVE DUTY Adjutant General of Minnesota, Major General Eugene R. Andreotti, presented a certificate of recognition to the City of Richfield from the National Committee for Employer Support of the Guard and Reserve for the continuing support of the National Guard and Reserve. Major General Andreotti presented a Certificate of Appreciation to the Mayor, each Council Member and the City Manager from the Minnesota Army National Guard for their support of City employees serving in the Minnesota National Guard and participating in State active duty. COUNCIL DISCUSSION Council Member Sandahl announced the Richfield 2020 gathering at Wood Lake Nature Center on December 12 at 7:00 p.m. Council Member Rosenberg announced the Richfield Historical Society Christmas Party on December 4 at 7:00 p.m. The City Council directed staff to post these meetings as Special City Council meetings as required by the open meeting law in the event a quorum is present. Council Meeting Minutes-3-November 26, 2001 Item #2COUNCIL APPROVAL OF AGENDA Council Member Enger asked to remove Items 3A and 3D and place them on the regular agenda. Mayor Kirsch removed Consent Calendar Item 3A and placed it on the regular agenda as Item 8A. He removed Consent Calendar Item 3D and also placed it on the regular agenda as Item 8B. M/Ulrich, S/Rosenberg to approve the agenda as amended. Motion carried 5-0. Item #3CONSENT CALENDAR A.Approved resolution certifying deferral of special assessments against certain owner occupied homestead property S.R. No. 287 RESOLUTION NO. 9111 RESOLUTION APPROVING ELIGIBLE DEFERRAL OF SPECIAL ASSESSMENTS AGAINST OWNER OCCUPIED HOMESTEAD PROPERTIES OF PERSONS PERMANENTLY AND TOTALLY DISABLED This resolution appears as Resolution No. 9111 in Resolution Book No. 73 B.Removed from the consent calendar and placed on the regular agenda for consideration as Item 8A. C.Approved resolution authorizing execution of year three of Landscape Partnership Agreement between MnDOT and City of Richfield that would fund plantings at Wood Lake Nature Center S.R. No. 289 RESOLUTION NO. 9112 RESOLUTION AUTHORIZING THE EXECUTION OF THE COMMUNITY ROADSIDE LANDSCAPING PARTNERSHIP AGREEMENT BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION, AND THE CITY OF RICHFIELD FOR WORK PERFORMED IN THE WOOD LAKE NATURE CENTER ALONG INTERSTATE 35W. This resolution appears as Resolution No. 9112 in Resolution Book No. 73 Council Meeting Minutes-4-November 26, 2001 D.Removed from the consent calendar and placed on the regular agenda for consideration as Item 8AB. E.Approved State of Minnesota request to renew currency exchange license for Checks Cashed of America, LLC d/b/a Money Exchange, 7620 Lyndale Avenue S.R. No. 291 M/Sandahl, S/Rosenberg to approve the Consent Calendar as amended. Motion carried 5-0. Item #4CANCEL PUBLIC HEARING REGARDING ISSUANCE OF REVENUE BONDS FOR FRASER PROJECT BECAUSE FINANCING PACKAGE CANNOT BE COMPLETED UNTIL 2002 Mayor Kirsch announced the cancellation of the public hearing regarding the issuance of revenue bonds for the Fraser Project because the financing package cannot be completed until 2002. Item #5PUBLIC HEARING AND CONSIDERATION OF RESOLUTION REGARDING APPEAL TO BOARD OF ADJUSTMENTS AND APPEALS RELATED TO STRUCTURE AT 7329-15TH AVENUE S.R. NO. 292 Council Member Enger stated he was a neighbor to the appellant in this case and was recusing himself from the discussion and voting on this matter and was stepping down from the dais. Council Member Enger stepped down from the dais and sat in the audience. Community Development Director Palmborg reviewed Staff Report No. 292 regarding a resolution regarding an appeal to the Board of Adjustments and Appeals related to a structure at 7329 15th Avenue. Erich J. Russell, 9001 East Bloomington Freeway, attorney representing the appellant, Mr. Kipp, stated the Staff Report was accurate, except the legal analysis was flawed. Mr. Russell outlined why the statement that the structure was built to shield Mr. Kipp’s rear yard from his neighbor’s children is a fact. He reviewed the history of the neighbor relationship. He said the inquiry is his clients intention of the structure. Mr. Russell displayed pictures related to the matter before the City Council (Clerk’s File No. C- 381). He explained that the structure met the City’s inspections requirements. M/Rosenberg, S/Sandahl to close the public hearing. Council Meeting Minutes-5-November 26, 2001 Motion carried 4-0. (Enger recused.) Council Member Sandahl said the current City code does not deal with an arbor, trellis, etc. She said intent is not the issue and believed future landscaping of the arbor would be lovely. She suggested staff review the code related to defining structures. She said Mr. Kipp thought the structure was in accordance with the code and later found out it was not. She supported leaving it built. Council Member Rosenberg said she could see the argument for a gazebo-like structure, especially with landscaping. She said the City code did not address arbors. She said intent should not be in question. Council Member Ulrich asked for the motion to be restated. Council Member Ulrich said this type of matter should not come before the City Council, but be settled by the neighbors. Council Member Rosenberg said mediation services are available. Mayor Kirsch requested the review and revision of the City Code related to an arbor and trellis be sent to the Planning Commission. Council Member Ulrich expressed concern about policing action on matters like this. Council Member Rosenberg said she was concerned about setting a precedent for other neighborhood issues like this. City Attorney Thomson said she didn’t believe there would be a barrage of applications on these types of issues. She said the City Council has final authority on what is permitted and they have provided clear direction to staff. M/Sandahl, S/Rosenberg that the Board of Adjustments and Appeals determines that the structure in question qualifies as an accessory building in accordance with existing City Codes. Motion carried 4-0. (Enger recused.) Item #6PUBLIC HEARING AND CONSIDERATION OF RESOLUTION AUTHORIZING CONDITIONAL USE PERMIT TO ALLOW AUTO DETAILING BUSINESSES TO LOCATE AND OPERATE AT 7720-7722 WENTWORTH AVENUE S.R. NO. 293 City Manager Orduno reviewed Staff Report No. 293 regarding a public hearing and consideration of a resolution authorizing a conditional use permit to allow auto detailing businesses to location and operate at 7720-7722 Wentworth Avenue. Council Meeting Minutes-6-November 26, 2001 M/Rosenberg, S/Sandahl to close the public hearing. Motion carried 5-0. M/Sandahl, S/Rosenberg that the following resolution be adopted, that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 9113 RESOLUTION AUTHORIZING A CONDITIONAL USE PERMIT 7720-7722 WENTWORTH AVENUE Motion carried 5-0. This resolution appears as Resolution No. 9113 in Resolution Book No. 73. Item #7PUBLIC HEARING AND CONSIDERATION OF SECOND READING OF TRANSITORY ORDINANCE AUTHORIZING CONVEYANCE OF REAL PROPERTY TO MNDOT FOR HIGHWAY IMPROVEMENTS ON I-494 AND CONVEYANCE OF REMNANT PARCEL TO CENTURY COURT APARTMENTS S.R. NO. 294 City Manager Orduno reviewed Staff Report No. 294 regarding a public hearing and consideration of a second reading of a transitory ordinance authorizing conveyance of real property to MnDOT for highway improvements on I-494 and conveyance of remnant parcel to Century Court Apartments. Larry Wozniczka, 6744 Wentworth Avenue, expressed concern about the roadway narrowing and uniformity and the zoning regulations on the remnant parcel of land. Public Works Director Eastling explained the geometrics of the roadway corner and traffic use. He also said the remnant parcel was too narrow for redevelopment. Council Member Sandahl asked about the width of the roadway. She said the maps attached to the Staff Report were difficult to understand. Public Works Director Eastling said he was unsure, but could later provide that information to the City Council. Mayor Kirsch asked if problems would be created with Century Court if the width of the roadway were changed. City Attorney Thomson said the language of the stipulation with Century Court would need to be reviewed to determine if a change required an amendment. Council Member Enger suggested tabling this matter until clearer drawings of the area were provided, the City Attorney discussed the ramifications of changes with Council Meeting Minutes-7-November 26, 2001 Century Court and the roadway dimensions were provided. He said without this information it was difficult to make a decision. Public Works Director Eastling said there was no unusual time constraint, so this matter could return to the City Council later. Council Member Sandahl asked if the City Council could bifurcate the transfer of property in the ordinance. City Attorney Thomson said the Council could separate the land conveyance into two ordinances. Larry Wozniczka, 6744 Wentworth Avenue, asked about the intended use of the remnant parcel and if it could be used for parking. City Attorney Thomson said one intended use is for the erection of a pylon sign which was previously considered by the City Council. City Manager Orduno said parking would be a safety issue. Council Member Ulrich said she supported the separating action on the conveyance of the property. M/Rosenberg, S/Sandahl to continue the public hearing to December 10, 2001 on Section 2 of the ordinance related to the conveyance of the remnant parcel to Century Court. Motion carried 5-0. M/Sandahl, S/Ulrich to approve the second reading of Section 1 of the transitory ordinance authorizing conveyance of real property to MnDOT for highway improvements on I-494 and direct staff to prepare a separate ordinance for Section 2 regarding the conveyance of the remnant parcel to Century Court Apartments for consideration on December 10, 2001. Motion carried 4-1. (Enger opposed.) Item #8CONSIDERATION OF RESOLUTION AUTHORIZING AND DIRECTING CITY ATTORNEY CONCERNING PENDING LITIGATION City Manager Orduno reviewed the resolution authorizing and directing the City Attorney concerning pending litigation. She said the Housing and Redevelopment Authority (HRA) adopted a similar resolution on November 19. She said the resolution before the City Council tonight is consistent with City Council direction. Council Meeting Minutes-8-November 26, 2001 M/Rosenberg, S/Ulrich that the following resolution be adopted, that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 9114 RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY CONCERNING PENDING LITIGATION Motion carried 4-1. (Enger opposed.) This resolution appears as Resolution No. 9114 in Resolution Book No. 73. Item #8ACONSIDERATION OF APPROVAL OF LEASING PORTION OF GLEASON MORTUARY PROPERTY AT 7601 PLEASANT AVENUE S.R. NO. 288 Council Member Enger stated he had no problem with the City using the Gleason Mortuary site, but did not believe it to be the best way to enter the maintenance facility. He said 76th Street is a residential street and putting heavy equipment on that street could be a safety issue. He said utilizing 77th Street as a facility entrance and exit was better. Public Works Director Eastling said the use of the 77th Street causes some inconvenience. City Manager Orduno said that 76th Street will not be used if that is Council’s direction. Public Works Director Eastling said that 77th Street could be used to go west and 76th Street used to go east. Council Member Sandahl asked if the mortuary property was contiguous to the garage property. Public Works Director Eastling said yes, with some fence work there could be access between the properties. M/Sandahl, S/Rosenberg to authorize the City to lease a portion of the Gleason Mortuary property at 7601 Pleasant Avenue. Motion carried 4-1. (Enger opposed.) Item #8BCONSIDERATION OF APPROVAL OF RESOLUTION AUTHORIZING SUBDIVISION WAIVER FOR 6210 MORGAN AVENUE S.R. NO. 290 Council Meeting Minutes-9-November 26, 2001 Council Member Enger asked if, when MnDOT puts in the sound wall along Crosstown, it will cause closing of the loop road and infringe on the property where the new house is to be built. He said he did not want to authorize a subdivision and later need to buy the property since it abuts the Crosstown. Council Member Sandahl agreed that this could be a potential risk. Community Development Director Palmborg said that MnDOT is not far enough into the design process to accurately predict if the property would be taken. Council Member Sandahl asked if the City Council has authority to deny the subdivision when it meets all the requirements. City Attorney Thomson reviewed the subdivision requirements. She said that if conditions are met, it is a matter of law that it can be subdivided. She questioned the Parcel B rear lot width because it does not meet the minimum requirement. She said she may need to consult with staff to determine if it is a basis for denial. Mayor Kirsch asked if a building permit had been requested. Community Development Director Palmborg said no. Council Member Ulrich said that it appeared the minimum lot width and depth requirements are met so there would be no recourse but to subdivide. City Attorney Thomson said there is more discretion because the subdivision requirements are being waived. M/Sandahl, S/Rosenberg to table approval of the resolution approving the subdivision waiver for 6210 Morgan Avenue to December 10, 2001, to provide time for legal staff to review the subdivision requirements. Motion carried 5-0. Item #9CLAIMS AND PAYROLL M/Rosenberg, S/Sandahl that the following claims and payrolls be approved: RICHFIELD BANK & TRUST CO. INT Checks:110505 - 110524$72,241.07 H/C111881 - 112180$1,039,199.77 PAYROLL25984 – 25997; 27821 - 27980$483,036.13 TOTAL$1,594,476.97 Council Meeting Minutes-10-November 26, 2001 Motion carried 5-0. OPEN FORUM No one addressed the City Council. Item #10ADJOURN TO SPECIAL CITY COUNCIL CLOSED EXECUTIVE SESSION IN EXECUTIVE CONFERENCE ROOM FOR PURPOSE OF CONDUCTING CITY MANAGER’S ANNUAL PERFORMANCE EVALUATION Mayor Kirsch adjourned the meeting at 8:44 p.m. to continue with the Closed Executive Session in the Executive Conference Room. The Mayor noted that the Council would reconvene in the Council Chambers after the Closed Executive Session concluded. Item #11RECONVENE REGULAR CITY COUNCIL MEETING The Regular City Council Meeting reconvened at 9:55 p.m. Item #12REPORT REGARDING CITY MANAGER’S ANNUAL PERFORMANCE EVALUATION Mayor Kirsch announced that Council Member Enger was ill and had not participated in the Closed Executive Session. Council Member Sandahl stated Council Member Enger did not stay for the City Manager’s evaluation, nor did he submit the evaluation form. She read the evaluation results with an overall excellent performance evaluation rating. M/Sandahl, S/Ulrich to increase the City Manager’s current base salary by 3% retroactive to October 12, 2001; establish a new annual review date of January 12, beginning in 2003; increase of 2001 base salary, effective January 1, 2002 by the same percent as all other employees; and an additional five days of vacation which increases vacation accrual to 5 weeks, effective October 12, 2001. Motion carried 4-0. (Enger absent.) Council Meeting Minutes-11-November 26, 2001 ADJOURNMENT The meeting was adjourned by unanimous consent at 10:01 p.m. Date Approved: Martin J. Kirsch Mayor Cheryl KrumholzSamantha Orduno Recording SecretaryCity Manager