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01-25-05 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting January 25, 2005 The meeting was called to order by Mayor Kirsch at 6:30 p.m. Staff Present: Martin Kirsch, Mayor; Susan Rosenberg; Fred Wroge; Bill Kilian; and Sue Sandahl. Steve Devich, Acting City Manager; Bruce Palmborg, Community Development Director; John Stark, Assistant Community Development Director; Cheryl Krumholz, Recording Secretary; Corrine Thomson, City Attorney. Members Present: Heidi Gaibor, 6915 Wentworth Avenue, addressed the City Council regarding the City's settlement with the former City Manager due to the limited financial resources. She asked the current City Council to make more responsible decisions and practical arrangements in the future with the City Manager's salary and benefits. Mayor Kirsch led the audience in the Pledge of Allegiance. M/Rosenberg, S/Sandahl to approve the minutes of (1) Special City Council MeetinQ of January 3. 2005: (2) Special City Council Worksession of January 7. 2005: (3) Special City Council Worksession of January 11. 2005; (4) ReQular City Council MeetinQ of January 11. 2005: and (5) Special City Council MeetinQ of January 12. 2005. Motion carried 5-0. Council Meeting Minutes -2- January 25, 2005 Item #1 Jim Lynn, Lynn & Associates, announced there was one applicant for Richfield City Manager, Steve Devich. He stated Mr. Devich qdequately met all the requirements for the position. Council Member Sandahl confirmed that the process previously approved by City Council will be followed. The City Council scheduled a Special City Council Worksession on February 8, 2005, immediately following the Regular City Council meeting, to conduct the interview of the City Manager applicant. Mr. Lynn stated he will prepare interview questions and provide them to the City Council. City Attorney Thomson reminded the City Council that the applicant information distributed by Mr. Lynn this evening contains some dqta classified as private by State law and cannot be released beyond the City Council. Questions regarding data privacy should be directed to Pam Dmytrenko who will seek assistance from the City Attorney as needed. Item #2 Council Member Rosenberg reported on the January 22 Richfield Remodeling Fair. The City Council thanked staff for their efforts on coordinating and participating in the fair. Council Member Sandahl announced the February 5 Augsburg Park Family Fun Day. Item #3 Mayor Kirsch added item to Consent Calendar - 4F. He explained that on December 14, the City Council adopted a resolution approving a conditional use permit for a Montessori school at 7227 Penn Avenue. The CUP had an error in the legal description and Hennepin County will not allow the owner to record the resolution and wants a new resolution adopted with the correct legal. This is a technical and clerical matter appropriate for the Consent Calendar. M/Rosenberg, S/Wroge to approve the aaenda as amended. Motion carried 5-0. Item #4 A. Approved continuing public hearing and second reading to February 8, 2005 regarding ordinance establishing one-year moratorium on development of certain properties at intersection of 66th Street and Portland Avenue and directing planning study S.R. No. 15 Council Meeting Minutes -3- January 25, 2005 B. Approved resolution authorizing cooperative agreement for Cedar Point Project with Hennepin County S.R. No. RESOLUTION NO. 9576 RESOLUTION APPROVING AGREEMENT AND DESIGNATING HOUSING AND REDEVELOPMENT AUTHORITY TO ADMINISTER FUNDS This resolution appears as Resolution No. 9576 in Resolution Book No. 75. C. Approved resolution authorizing agreement between State of Minnesota, acting through Commissioner of Public Safety, State Patrol Division, and City of Richfield Public Safety Department, for grant funds for payment of overtime for Police Officers involved in Operation NightCAP S.R. No. 17 RESOLUTION NO. 9577 RESOLUTION AUTHORIZING THE CITY OF RICHFIELD/POLICE TO PARTICIPATE JOINTLY WITH THE MINNESOTA STATE PATROL IN AN AGREEMENT WITH AND TO RECEIVE GRANT FUNDS FROM THE STATE OF MINNESOTA, COMMISSIONER OF PUBLIC SAFETY, TO PAY OVERTIME TO OFFICERS INVOLVED IN OPERATION NIGHTCAP This resolution appears as Resolution No. 9577 in Resolution Book No. 75. D. Approved resolution authorizing application for 2005 Municipal Recycling Grant from Hennepin County S.R. No. 18 RESOLUTION NO. 9578 RESOLUTION AUTHORIZING SUBMITTAL OF THE MUNICIPAL GRANT APPLICATION FOR 2005 HENNEPIN COUNTY RESIDENTIAL RECYCLING PROGRAM AND THE SIGNING OF THE 2005 MUNICIPAL RECYCLING PROGRAM CONTRACT. This resolution appears as Resolution No. 9578 in Resolution Book No. 75. E. Approved new therapeutic massage enterprise license for EO-Life, 2900 East 66th Street S.R. No. 19 F. Approved resolution approving a conditional use permit at 7227 Penn Avenue to allow a Montessori pre-school and daycare in the uRn zoning district S.R. No. 23 RESOLUTION NO. 9575 RESOLUTION AMENDING RESOLUTION NUMBER 9560 AUTHORIZING A CONDITIONAL USE PERMIT FOR MONTESSORI SCHOOL AND DA YCARE AT 7227 PENN AVENUE SOUTH This resolution appears as Resolution No. 9575 in Resolution Book No. 75. M/Rosenberg, S/Wroge to approve the Consent Calendar as amended. Motion carried 5-0. Council Meeting Minutes -4- January 25, 2005 Item #5 None. Item #6 Council Member Kilian presented Staff Report No. 20 regarding consideration of a motion regarding Cedar Corridor Concept Master Plan. Assistant Community Development Director Stark clarified that this item for City Council consideration is not new but rather continyed from October 26, 2004. Assistant Community Development Director Stark reviewed the background and history related to the concept plan prepared by JLG Architects. The HRA and Planning Commission have approved a motion to support the plan. Council Member Kilian stated the plan is a conceptual, fluid document. Many original components remain. He said the airport should stay on the east side of Cedar Avenue with Richfield on the west side. Mr. Stark discussed the proposed land use in the corridor with each site being reviewed on its own merits. He added that retail uses qo not reflect a particular developer. Council Member Kilian stateq th~ financial resources need to be identified. M/Kilian, S/Sandahl to adopt a motion in support of the Cedar Avenue Corridor Concept Master Plan. Council Member Wroge asked why RLK Company did not continue with the design. Mr. Stark explained the staff conclusion was to have fresh thinking with different perspectives for this area. JLG's experience in Grand Forks showed how a crisis situation became an opportunity situation. RLK has some relationship with developers in the City. Mr. Stark stated the plan is the City's plan, not driven by developers. Council Member Wroge asked about the seven developers invited to discuss potential development opportunities and the associated costs. Mr. Stark reviewed the list of developers included in the concept plan (pages 54-55). The costs were built into the JLG process. Ryan Company made a proposal for a portion of the area; others were interested in the south side of 66th Street. Mayor Kirsch stated plans will be presented to the City Council several times before they are finalized. Council Member Wroge asked about the timeframe for the Target/Home Depot development. Mr. Stark stated details of a development agreement with Ryan Company and the HRA will hopefully be presented to the HRA in the near future. This is the largest step in the implementation process. Council Member Wroge stated he would not like to see this development fall apart as has happened in other parts of the City. Council Meeting Minutes -5- January 25, 2005 Council Member Sandahl stated the concept plan is a vision of what the City would like to see in the future for that area. An attr~~ti"e~nd useful development is wanted since this is a gateway to the community.ii':.......... Council Member Rosenberg stated the residents and businesses are anxious to move forward. Motion carried 5-0. Item #7 Council Member Sandahl presented Staff Report No. 21 regarding appointments to fill expiring or vacant terms on City advisory commissions. M/Sandahl, S/Rosenberg to appoint the followino persons to fill the expirino or vacant terms on the City advisory commissions. ADVISORY BOARD OF HEALTH Name Courtney Danzeisen Randy Mathews Jo Romer Term Expires January 31,2006 January 31, 2006 January 31, 2008 ARTS COMMISSION Name David Dunham Travis Gorshe Kella Kalloway Michelle Schwantes CIVIL SERVICE COMMISSION Name Debra Fields Term Expires January 31,2008 COMMUNITY SERVICES COMMISSION Name Barb Kritzman Rodney Schmidt Catherine Peloquin Ron Schwartz Term Expires January 31, 2008 January 31, 2008 January 31, 2008 January 31, 2008 FRIENDSHIP CITY COMMISSION Name Fred Walk Frank Sitko David Delzer Patricia Follestad Term Expires January 31, 2006 January 31,2008 January 31, 2008 January 31, 2008 Council Meeting Minutes -6- HUMAN RIGHTS COMMISSION January 25, 2005 Name Patrick Gonness Erica Klein Jed Richardson Christopher Drake Cameron Cegelske Samantha Olson (youth) Term Expires January 31,2007 January 31, 2008 January 31, 2008 January 31, 2008 January 31,2008 August 31, 2005 PLANNING COMMISSION Name Kyle Hartnett Kim Houle David Schneider Term Expires January 31, 2008 January 31, 2008 January 31, 2008 Motion carried 5-0. Item #8 Council Member Wroge presented Staff Report No. 22 regarding a resolution and first reading of an ordinance calling for the establishment of a one-year moratorium on development of certain properties in 1..494 corridor guided for regional commercial/office uses. 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; and schedule a second readinQ of an ordinance for Februarv 22. 2005 establishinQ a one year moratorium on the development of certain properties in the 1-494 corridor that are Quided for reQional commercial/office uses: RESOLUTION NO. 9574 A RESOLUTION ESTABLISHING A ONE YEAR MORATORIUM ON THE DEVELOPMENT OF CERTAIN PROPERTIES IN THE 1-494 CORRIDOR THAT ARE GUIDED FOR REGIONAL COMMERCIAL/OFFICE USES AND DIRECTING THAT A PLANNING STUDY BE CONDUCTED City Attorney Thomson stated the second reading date should be February 8, 2005. Council Members Wroge and Kilian were agreeable to the date change. City Attorney Thomson explained affected property owners will be notified of the second reading date. No public hearing is required but the City Council may provide for public comment tonight or at second reading, if they wish. Bill Tippman, representing Bear Creek Capital, the party seeking to redevelop the Chi Chi's restaurant site at 77th Street and Nicollet Avenue, discussed meetings with staff regarding a Council Meeting Minutes -7- January 25, 2005 proposed CVS Pharmacy on the site. He requested a letter from the law firm, Siegel, Brill, Greupner, Duffy & Foster, be entered into the public record (Clerk's File No. C-406). Mr. Tippman stated the interest of Bear Creek Capital in the site probably prompted this moratorium. If the moratorium is declared, CVS may no longer be viable for that site. He stated he felt CVS was a compatible use and is in keeping in the spirit of the use of the site. Council Member Wroge asked who had control of this site. Mr. Tippman explained Bear Creek Capital will withdraw from the contract for a CVS if the moratorium is in place and the owner will proceed with an oriental restaurant. Council Member Sandahl stated it was appropriate to review the whole 1-494 Corridor so development meets the City's long-term goals and objectives and there are no negative impacts when 1-494 is expanded. Council Member Rosenberg asked why a moratorium was needed for CVS but not for a restaurant. Assistant Community Development Director Stark explained the moratorium is related to new permits; a restaurant is a conforming use for the conditional use permit (CUP) currently in place on the site and does not expire for a year. Mr. Tippman explained a very early concept site plan was shared with staff that included a new building. He said the intended use is compatible since the site is larger than CVS needs. He added that he believes the City ordinance sufficiently protects the City on uses for this property and a moratorium appears to be a dramatic action to solve some concerns that the City has control of anyway. Mr. Stark stated the moratorium should not be considered as a means to block CVS. A new CUP would be needed for the pharmacy with the drive through service. The CUP language states the development must be in conformance with the Comprehensive Plan and there is confusion regarding intended use in this area so it is believed best to not proceed until the intention is clear and zoning supports the Comprehensive Plan. City Attorney Thomson stated it is the City Council's discretion to determine when the moratorium is effective. She said City staff and the City Attorney recommend that the moratorium is needed because the existing General Commercial (C-2) zoning along 1-494 is not contemplated in the Comprehensive Plan. City Attorney Thomson expressed disagreement with Mr. Tippman's comments regarding the need for the moratorium. Council Member Wroge stated, if CVS did not work out for this site, he hoped City staff would help them locate another site in Richfield. Motion carried 5-0. This resolution appears as Resolution No. 9574 in Resolution Book No. 75. Item #9 Council Meeting Minutes -8- January 25, 2005 Acting City Manager Devich reported on the snow emergency declared the past weekend. He stated 208 tags were issued with one-half of th;at number being towed. Mayor Kirsch asked how towing was determined. Acting City Manager Devich stated he would find out and provide that information to the City Council. Council Member Wroge asked who issl.led tickets. Acting City Manager Devich said CSO's, Police and Public Works Supervisors. Acting City Manager Devich reviewed upcoming City Council Worksession topics and the need to have adequate time for disCl.lssions. He said discussion of capital projects and funding sources is critical. ' Council Member Rosenberg asked about changing the start of the Regular City Council meetings to 7:00 p.m. Council Member Wroge said he liked the 6:30 p.m. start and suggested having Worksessions before and after Regular City Council meetings. Council Member Sandahl stCited she was fine with a 6:30 or 7:00 p.m. start. The City Council agreed to a separate night for a Special City Council Worksession to discuss capital projects and funding sources and requested staff coprdinate a date. Item #10 M/Rosenberg, S/Sandahl that the followinq claims and pavrolls be approved: M & I BANK NP Checks: 137618 - 137970 PAYROLL 39634 - 39636 TOTAL $ 1,168,645.28 $ 440,174.13 $ 1,608,819.41 Motion carried 5-0. Item #11 '') J if. (I . I ~/~t! (ftu~1JU-1 Cheryl Kr mhol I Recording Secretary e . Devich Acting City Manager