Loading...
12-13-05 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting December 13, 2005 The meeting was called to order by Mayor Kirsch at 6:34 p.m. Members Present: Martin Kirsch, Mayor; Sue Sandahl; Fred Wroge; and Bill Kilian. Members Not Present: Susan Rosenberg. Staff Present: Steve Devich, City Manager; Mike Eastling, Public Works Director; Jim Topitzhofer, Recreation Services Director; Bruce Palmborg, Community Development Director; Patrick Smith, Community Development Manager; Bruce Nordquist, Housing & Redevelopment Manager; Rick Regnier, Chief Building Official; Betsy Osborn, Health Administrator; Cheryl Krumholz, Recording Secretary; and Corrine Thomson, City Attorney. M/Sandahl, SlWroge to excuse the absence of Council Member Rosenbera from the December 13. 2005 Special Citv Council/PC Worksession and Reaular Citv Council Meetina. Motion carried 4-0. No one was registered to speak. Mayor Kirsch led the audience in the Pledge of Allegiance. Council Meeting Minutes -2- December 13, 2005 M/Sandahl, S/Kilian to approve the minutes of (1) Special Concurrent City Council/HRAlPlannina Commission Worksession of November 16, 2005: (2) Special City Council Worksession of November 22, 2005: and (3) Reaular City Council Meetina of November 22. 2005. Motion carried 4-0. Item #1 Mayor Kirsch presented to Paul Anderson, Oak Grove Lutheran Church member, a proclamation commending relief work of people and churches of Richfield and designating December 26, 2005 as Sri Lanka Tsunami Remembrance Day in Richfield. Item #2 The Richfield Foundation presented the following grants totaling $14,000. . Cornerstone $1,400 . YMCA $2,400 . Family & Children's Services $1,900 . Richfield R.E.AD.Y. $1,400 . Community Action Partnership of Suburban Hennepin . Bloomington Public Health . VEAP . African American Family Services $2,400 $1,900 $1 ,400 $1,200 Item #3 City Manager Devich explained written proposals regarding the goalsetting were received and provided to the City Council from Lynn & Associates and Ehlers & Associates Inc. Council Member Kilian stated he preferred Lynn & Associates because the financial strategies project is nearing completion with Ehlers & Associates, Inc. M/Kilian, S/Sandahl to approve Lynn & Associates to facilitate the 2006 annual City Council/staff aoalsettina session. Council Member Wroge expressed support for the motion but suggested future goalsetting be facilitated by staff instead of an outside consultant. City Manager Devich stated staff could facilitate, that is a City Council decision, but key skills are needed if more is discussed than goals. Council Meeting Minutes -3- December 13, 2005 Council Member Sandahl said she supported an outside consultant as facilitator so staff is not wearing two hats. Council Member Kilian added that a consultant should handle the goalsetting, especially when the City Manager performance evaluation is part of the meeting. Motion carried 4-0. M/Sandahl, SlWroge to conduct the QoalsettinQ on Fridav. January 20. from 8:00 a.m. to 2:30 p.m. and the City ManaQer performance evaluation from 2:30 p.m. - 3:30 p.m. Motion carried 4-0. Council Member Wroge congratulated the Academy of Holy Angels boys' varsity basketball team for their getting to the state tournament for the first time and playing a great game, even though they were defeated in overtime. Item #4 M/Kilian, S/Sandahl to approve the aQenda. Motion carried 4-0. Item #5 A. Approved canceling public hearing regarding request for conditional use permit and subdivision waiver at 6500 Fifth Avenue to allow conversion of two-family dwelling into separate twin homes S. R. No. 226 B. Approved canceling public hearing for 2006 renewal of on-sale wine and 3.2 percent malt liquor licenses for Ph'hket Thai Restaurant, 6345 Penn Avenue SR. No. 227 C. Approved resolution authorizing application for 2005-2007 Municipal Recycling Grant from Hennepin County SR. No. 228 RESOLUTION NO. 9682 RESOLUTION AUTHORIZING SUBMITTAL OF THE MUNICIPAL GRANT APPLICATION FOR 2005-2007 HENNEPIN COUNTY RESIDENTIAL RECYCLING PROGRAM AND THE SIGNING OF THE 2005-2007 MUNICIPAL RECYCLING PROGRAM CONTRACT. This resolution appears as Resolution No. 9682 in Resolution Book No. 75. D. Approved authorizing lease agreement between City of Richfield and Hennepin County for additional election equipment to meet Help America Vote Act requirements S.R. No. 229 E. Approved resolution amending Hennepin South Services Collaborative Agreement and by- laws for research, planning and coordination of human services SR. No. 230 Council Meeting Minutes -4- December 13, 2005 RESOLUTION NO. 9683 A RESOLUTION APPROVING THE AMENDED HENNEPIN SOUTH SERVICES COLLABORATIVE AGREEMENT AND BY-LAWS FOR RESEARCH, PLANNING AND COORDINATION This resolution appears as Resolution No. 9683 in Resolution Book No. 75. F. Approved resolution accepting all grants and donations received in 2005 by Recreation Services Department from federal, state and county governments, agencies and private groups S.R. No. 231 RESOLUTION NO. 9684 RESOLUTION AUTHORIZING ACCEPTANCE OF ALL GRANTS AND DONATIONS RECEIVED BY THE CITY OF RICHFIELD AND TO AUTHORIZE THE CITY TO ADMINISTER THE FUNDS IN ACCORDANCE WITH GRANT AGREEMENTS AND TERMS PRESCRIBED BY DONORS This resolution appears as Resolution No. 9684 in Resolution Book No. 75. G. Approved 2006 contract with City of Bloomington, using public health emergency preparedness grant funds, providing services of public health emergency preparedness/bioterrorism and development of response system S.R. No. 232 H. Approved purchase of new garbage truck from CarlTruck City (chassis $32,687.67) and MacQueen Equipment, Inc. (compactor body and loader $38,162.15) for use by Parks Division in total amount of $70,849.82 including tax S.R. No. 233 M/Kilian, SlWroge to approve the Consent Calendar. Motion carried 4-0. Item #6 None. Item #7 Council Member Kilian presented Staff Report No. 234 regarding a resolution authorizing a conditional use permit (CUP) at 1201 East 66th Street to allow sale of up to four automobiles. M/Rosenberg, S/Sandahl to close the public hearina. Motion carried 4-0. Council Member Kilian stated the business will still operate as Exhaust Pro and the vehicle sales is an addendum to the current conditional use permit. He expressed concern regarding the number of vehicles parked there now, which may not be in compliance. Council Meeting Minutes -5- December 13, 2005 Council Member Kilian stated he was inclined to not extend the hours of operation because the exhaust business is the primary business and there is a potential for more noise in the neighborhood. The site should not look like a used car lot with additional signage and lighting. He added the sales should be limited to only vehicles with registered passenger plates and not 3/4 ton trucks. Council Member Sandahl asked about the mailing of notification to the neighborhood. Community Development Manager Smith said the notification went to apartment and single family residences within 350 feet of the site. Council Member Sandahl said she did not oppose an increase in the hours of operation. Council Member Kilian restated that Exhaust Pro is the primary business and closes at 6:00 p.m., the car sales are a sideline business. Council Member Wroge asked about the status of the license to sell cars. Community Development Manager Smith explained that license is issued by the State if the City Council approved the CUP. Council Member Wroge asked about regulating the car sales since no sales are permitted after 6:00 p.m. on Fridays and all day on Sundays. City Attorney Thomson explained State law requires no Sunday sales and the State would revoke the license if that occurred. She was uncertain of the after 6:00 p.m. on Friday restriction. Council Member Sandahl stated she understood the rationale for not extending the hours of operation to 7:00 p.m. because the car sales is a side business. M/Kilian, SlWroge that the followinQ resolution be adopted, that it be spread in the resolution book and that it be made part of these minutes with the followinQ additional revised conditions: · That "for sale" vehicles be parked only in the new parkinQ spaces, as shown on the approved ParkinQ Plan . Only vehicles with passenQer license plates may be sold from the site RESOLUTION NO. 9685 RESOLUTION AUTHORIZING A CONDITIONAL USE PERMIT FOR AUTO SALES AT 1201 EAST 66TH STREET Mohammed Mazhary, applicant, clarified that a 3/4 ton truck is actually a regular sized pickup with passenger plates. He said Exhaust Pro is currently closed on Sundays. He added the car sales are needed as an additional income. Motion carried 4-0. This resolution appears as Resolution No. 9685 in Resolution Book No. 75. Item #8 Council Meeting Minutes -6- December 13, 2005 Council Member Sandahl presented Staff Report No. 235 regarding a resolution approving Modification to the Redevelopment Plan for Richfield Redevelopment Project Area and Modifications to Tax Increment Financing Plans for Gramercy, Urban Village, City Bella, Interchange WestlLyndale Gateway, Richfield Rediscovered A-1, A-2, A-3, A-4, A-5, B-1, B-2, B-3, B-4 and B-5 Tax Increment Financing Districts. Council Member Wroge asked if the tax increment financing (TIF) districts were in any financial difficulty. Sid Inman, Ehlers & Associates, Inc. and the City's financial consultant, explained all districts are meeting all of their obligations now and until their natural termination. Council Member Wroge asked what impact there would be on the Transformation Home Loan Program if tonight's resolution is approved. Housing & Redevelopment Manager Nordquist explained the number of homes would increase from 6-7 per year to 15-20 per year if the proposed changes are approved. Council Member Wroge asked about changes to the Kids at Home Program if the resolution is approved. Housing & Redevelopment Manager Nordquist explained the HRA budget provides sufficient resources for 30 households a year for this shallow 3-year rent subsidy program. It is the school district's highest priority to keep children in school and this program assists in that effort. Council Member Wroge expressed support for the program because of the importance to keep children in school. Council Member Kilian stated the resolution tonight makes a footprint for all of Richfield so the entire City can take advantage of the housing programs. Camillo DeSantis, 6508 Newton Avenue, expressed concern regarding the use of obsolescence and dilapidation when dealing with lower value homes because that class of housing needs to be protected. Housing & Redevelopment Manager Nordquist explained the information was based on the average assessed home value. Lower value homes need some improvement. It is not an affordable issue but rather obsolescence and dilapidation issues. Council Member Kilian asked if participation in the housing program was voluntary and not because of a lower value. Housing & Redevelopment Manager Nordquist stated the owner comes to the City. Cynthia Kuntz, 6414 First Avenue, asked if the Kids at Home Program was available to single family homeowners with a hardship and needing assistance with mortgage payments. Housing & Redevelopment Manager Nordquist explained the HRA has a variety of programs for homeowners and seniors but the Kids at Home Program was a rent subsidy only. M/Sandahl, SlWroge to close the public hearina. Motion carried 4-0. M/Sandahl, SlWroge that the followina resolution be adopted. that it be spread in the resolution book and that it be made part of these minutes: Council Meeting Minutes -7- December 13, 2005 RESOLUTION NO. 9686 RESOLUTION ADOPTING A MODIFICATION TO THE REDEVELOPMENT PLAN FOR THE RICHFIELD REDEVELOPMENT PROJECT AREA AND MODIFICATIONS TO THE TAX INCREMENT FINANCING PLANS FOR THE GRAMERCY, URBAN VILLAGE, CITY BELLA, INTERCHANGE WEST/LYNDALE GATEWAY, AND RICHFIELD REDISCOVERED A-1, A-2, A-3, A-4, A-5, B-1, B-2, B-3, B-4 AND B-5 TAX INCREMENT FINANCING DISTRICTS Motion carried 4-0. This resolution appears as Resolution No. 9686 in Resolution Book No. 75. Item #9 Council Member Wroge presented Staff Report No. 236 regarding a resolution amending the City's Comprehensive Plan changing land use designation of properties in 1-494 Corridor. Mark Koegler, Hosington, Koegler Group Inc. (HKGi), provided an overview of the proposed vision for the 1-494 Corridor and highlighted the key aspects. This is a long-term vision and strategy, not a redevelopment plan. Council Member Wroge questioned what happens when 1-494 is redone and 77th Street becomes a main thoroughfare. Mr. Koegler said 1-494 has staging plans and considerable dialogue will be required with MnDOT and cities. Steve Lindgren, Richfield Chamber of Commerce President, asked about the panel of developers and market specialists convened by HKGi as part of the visioning process and if information on their input was available. Mr. Koegler explained the panel consisted of Don Brauer, Bill Beard and Jim McCombs, all who are well-known developers and marketing specialists in the metro area. From those discussions, their input was one piece of the puzzle to amend the Comp Plan. Community Development Manager Smith said he could provide information on the panel's input. Council Member Wroge stated that if a Request for Proposal was sent inviting all developers to provide feedback, there could be different concepts. The impression is this is one consultant's view. Mr. Koegler explained the strategy of gathering ideas. The City Council, HRA and Planning Commission also had input. The proposed changes are within the realm of reason, are meant to be flexible and instill the qualities the City is seeking. Council Member Wroge questioned how many things the City could do and do well. He said very few people benefit if changes are made in 5-10 year increments. Council Member Sandahl stated the Comp Plan changes are a vision for the future and establish guidelines. Approving the plan is a layout of what the City values. It is up to the City Council to make sure whatever comes forward meets the City's vision. Council Meeting Minutes -8- December 13, 2005 Council Member Kilian said the changes are a philosophical approach to the community's vision. If the area were open to everyone with no plan, expectations are not clear and it does a service to developers to establish community standards. Mayor Kirsch stated the Comp Plan is a valuable tool and road map for staff. Council Member Wroge said that if there are changes in the way the area is developed and it could take 20-30 years, businesses are put on notice for a long time. He added this is valuable land not to be given away. Mr. Koegler explained the current 1996 Comp Plan is proposed to be updated. He added that proposed changes are not creating several non-conformity uses. Council Member Wroge asked if Menards could build a new state-of-the art store with the new Comp Plan. Mr. Koegler said the type of use does fit the Comp Plan and zoning requirements. Council Member Kilian said Menards could stay but the possible configuration may change. Heidi Peterson, Menards, Inc. representative, stated the Richfield Menards may expand and she hoped the City would work with them because they do not want to be non-conforming. Mike Welsh, Community Building Assoc. and Richfield Community Council representative, stated the 1-494 property is valuable. He asked the City Council to be somewhat mindful of affordable housing with the apartments in the corridor and the population transition of low income and minorities. He also asked the City Council to be mindful of the small business concept and to get a number of opinions on the use of the property. Camillo DeSantis, Richfield Community Council representative, commented on attainable housing, including that the changes do not have definable low income housing replacement plans and appear to be higher trend. The City needs to promote diversity and have a clear definition of mixed and multi-family housing as attainable and affordable. He said he is not anti-development but some people in the community are left out or behind. He added the community may be on its way to not having a Richfield-based public school system. City Attorney Thomson clarified the City Council action is not a redevelopment plan, but a Comp Plan amendment. The City is required by a State law that sets forth land use and infrastructure development to be reviewed and updated with a plan every ten years. The amendment to be considered tonight is separate because some inconsistencies in the area were identified. Within two years, the entire Comp Plan will need review. City Attorney Thomson stated that adoption of the Comp Plan does not mean there will be one change on the ground but property owners in the area will need to meet certain requirements if they change their property. Council Member Kilian said all of the City is included in the Comp Plan. Council Member Wroge stated it is obvious the changes tonight are dealing with one area. It appears disingenuous to not have a concern regarding the movement in the City because it is about redevelopment in the near future. Council Member Sandahl stated it is not accurate that there will not be a Richfield School District because of the Comp Plan. M/Sandahl, S/Kilian to close the public hearina. Council Meeting Minutes -9- December 13, 2005 Motion carried 4-0. 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: 75. Item #10 RESOLUTION NO. 9687 RESOLUTION AMENDING THE CITY'S COMPREHENSIVE PLAN CHANGING THE DESIGNATION OF PROPERTIES IN THE 1-494 CORRIDOR Motion carried 4-0. This resolution appears as Resolution No. 9687 in Resolution Book No. A. Council Member Sandahl presented Staff Report No. 237 regarding renewal of a 2006 On-Sale Intoxicating and Sunday Liquor License for The Frenchman's, 1400 East 66th Street. M/Kilian, SlWroge to close the public hearinq. Motion carried 4-0. Council Member Wroge extended congratulations to the establishment for the increase in food sales. Council Meeting Minutes -10- December 13, 2005 M/Sandahl, S/Kilian to approve the renewal of the 2006 on-sale intoxicatina and Sunday liquor licenses for The Frenchman's, 1400 East 66th Street. Motion carried 4-0. B. Council Member Sandahl presented Staff Report No. 238 regarding renewal of a 2006 On-Sale Intoxicating and Sunday Liquor License for Wiltshire Restaurants, LLC, dba Houlihan's Restaurant & Bar, 6601 Lyndale Avenue. M/Sandahl, SlWroge to close the public hearina. Motion carried 4-0. M/Sandahl, S/Kilian to approve the renewal of on-sale intoxicatina and Sunday liquor licenses for Wiltshire Restaurants. LLC d/b/a Houlihan's Restaurant & Bar. 6601 Lvndale Avenue South. Motion carried 4-0. C. Council Member Sandahl presented Staff Report No. 239 regarding renewal of a 2006 On-Sale Intoxicating and Sunday Liquor License for Don Pablo's Operating Corp., dba Don Pablo's, 980 West 78th Street. MlWroge, S/Kilian to close the public hearina. Motion carried 4-0. M/Sandahl, S/Kilian to approve the renewal of on-sale intoxicatina and Sunday liquor licenses for Don Pablo's Operatina Corporation d/b/a Don Pablos. 980 West 78th Street. Motion carried 4-0. D. Council Member Sandahl presented Staff Report No. 240 regarding renewal of a 2006 On-Sale Intoxicating and Sunday Liquor License for Champps Operating Corp., dba Champps Restaurant, 790 West 66th Street. M/Kilian, S/Sandahl to close the public hearina. Motion carried 4-0. M/Sandahl, SlWroge to approve the renewal of on-sale intoxicatina and Sunday liquor licenses for Champps Operatina Corporation d/b/a Champps Restaurant. 790 West 66th Street. Motion carried 4-0. E. Council Member Sandahl presented Staff Report No. 241 regarding renewal of a 2006 On-Sale Intoxicating and Sunday Liquor License for Paisan Inc., dba Khan's Mongolian Barbeque, 500 East 78th Street. MlWroge, S/Sandahl to close the public hearina. Motion carried 4-0. M/Sandahl, SlWroge to approve the renewal of on-sale intoxicatina and Sunday liquor licenses for Paisan. Inc.. d/b/a Khan's Monaolian BarbeQue. 500 East 78th Street. Motion carried 4-0. Council Meeting Minutes -11- December 13, 2005 F. Council Member Sandahl presented Staff Report No. 242 regarding renewal of a 2006 On-Sale Intoxicating and Sunday Liquor License for MDM EAR, Inc., dba The Backyard Bar and Grill, 1500 East 78th Street. Council Member Sandahl stated the City received notice from the U.S. Bankruptcy Court showing that the establishment filed Chapter 11 Bankruptcy on September 29, 2005. The City Utility Division shows that $2500.69 is due on the establishment's water bill. If that is not paid, it could be certified to the property taxes. Mark Minogue, The Backyard Bar & Grill representative, explained the Roseville business is being sold and that should take care of the water bill issue. The court won't allow payment until the sale is finalized. Council Member Wroge asked how City staff monitored the liability insurance coverage due to expire on March 31, 2006 and workers' compensation insurance coverage due to expire on September 30, 2006. City Attorney Thomson said evidence of insurance prior to expiration needs to be provided because the business cannot operate without it. Health Administrator Osborn said staff is in contact with the owner long before the insurance expires. Mr. Minogue requested the City Council consider lifting the restriction placed on the license when it was previously granted because there have been no problems. Health Administrator Osborn stated the business has been cooperative and recommended lifting the restrictions. City Manager Devich stated the amount of the unpaid water bill to be certified is pending the court's determination on the bankruptcy. M/Kilian, S/Sandahl to close the public hearina. Motion carried 4-0. M/Sandahl, SlWroge to approve the renewal of a 2006 on-sale intoxicatina and Sunday Iiauor licenses for MDM EAR. Inc. d/b/a The Backyard Bar and Grill. 1500 East 78th Street. and lift the restrictions imposed at the time of the previous license issuance. Council Member Wroge stated the water bill is the responsibility of the property owner. Motion carried 4-0. G. Council Member Sandahl presented Staff Report No. 243 regarding renewal of a 2006 On-Sale Intoxicating and Sunday Liquor License for Taco Morelos II, Inc., Two West 66th Street. MlWroge, S/Sandahl to close the public hearina. Motion carried 4-0. M/Sandahl, S/Kilian to approve the renewal of on-sale intoxicatina and Sunday Iiauor licenses for Taco Morelos II. Inc., Two West 66th Street. Motion carried 4-0. Council Meeting Minutes -12- December 13, 2005 H. Council Member Sandahl presented Staff Report No. 244 regarding renewal of a 2006 Club On-Sale and Sunday Liquor License for Fred Babcock V.F.W. Post No. 5555, Inc., dba Four Nickels Food & Drink, 6715 Lake Shore Drive. M/Kilian, S/Sandahl to close the public hearino. Motion carried 4-0. M/Sandahl, SlWroge to approve the renewal of club on-sale and Sunday liquor licenses for Fred Babcock V.F.W. Post No. 5555. Inc.. d/b/a Four Nickels Food and Drink. 6715 Lake Shore Drive. Motion carried 4-0. I. Council Member Sandahl presented Staff Report No. 245 regarding renewal of a 2006 Club On-Sale and Sunday Liquor License for Minneapolis-Richfield American Legion Post 435, 6501 Portland Avenue. M/Sandahl, SlWroge to close the public hearino. Motion carried 4-0. M/Sandahl, S/Kilian to approve the renewal of 2006 club on-sale and Sunday liquor licenses for Minneapolis-Richfield American Leoion Post 435. 6501 Portland Avenue South. Motion carried 4-0. Council Member Wroge asked Roger Wysong, American Legion representative, about the number of public safety contacts. Mr. Wysong stated the contacts were primarily related to community celebration events, which a large number of people attend. J. Council Member Sandahl presented Staff Report No. 246 regarding renewal of a 2006 On-Sale Wine and 3.2 Percent Malt Liquor License for Aribel's, 1120 East 66th Street. M/Kilian, S/Sandahl to close the public hearino. Motion carried 4-0. Chetranee Jwalapersad, Aribel's representative, requested the City Council consider lifting the restriction placed on the license when it was previously granted because her husband is no longer on probation. M/Sandahl, SlWroge to approve the renewal of on-sale wine and 3.2 percent malt liquor licenses for Aribel's. 1120 East 66th Street and lift the restriction imposed at the time of the previous license issuance. Motion carried 4-0. K. Council Member Sandahl presented Staff Report No. 247 regarding renewal of a 2006 On-Sale Wine and 3.2 Percent Malt Liquor License for Thompson's Fireside Pizza, Inc., dba Fireside Pizza, 6736 Penn Avenue. MlWroge, S/Sandahl to close the public hearino. Motion carried 4-0. Council Meeting Minutes -13- December 13, 2005 M/Sandahl, S/Wroge to approve the renewal of on-sale wine and 3.2 percent malt Iiauor licenses for Thompson's Fireside Pizza. Inc.. d/b/a Fireside Pizza. 6736 Penn Avenue South. Motion carried 4-0. L. Council Member Sandahl presented Staff Report No. 248 regarding renewal of a 2006 On-Sale Wine and 3.2 Percent Malt Liquor License for Kiang's Red Pepper, Inc., dba Red Pepper Chinese Restaurant, 2902 West 66th Street. M/Wroge, S/Sandahl to close the public hearina. Motion carried 4-0. M/Sandahl, S/Kilian to approve the renewal of on-sale wine and 3.2 percent malt Iiauor licenses for Kiana's Red Pepper. Inc.. d/b/a Red Pepper Chinese Restaurant. 2902 West 66th Street. Motion carried 4-0. M. Council Member Sandahl presented Staff Report No. 249 regarding renewal of a 2006 On-Sale Wine and 3.2 Percent Malt Liquor License for The Noodle Shop-Colorado, Inc., dba Noodles and Company, 7630 Lyndale Avenue. M/Wroge, S/Sandahl to close the public hearina. Motion carried 4-0. M/Sandahl, S/Kilian to approve the renewal of on-sale wine and 3.2 percent malt Iiauor licenses for 2006. for The Noodle Shop - Colorado Inc.. d/b/a Noodles and Company. 7630 Lyndale Avenue South. Motion carried 4-0. N. Council Member Sandahl presented Staff Report No. 250 regarding renewal of a 2006 On-Sale Wine and 3.2 Percent Malt Liquor License for Chipotle Mexican Grill of Colorado, LLC, 7644 Lyndale Avenue. M/Wroge, S/Sandahl to close the public hearina. Motion carried 4-0. M/Sandahl, S/Kilian to approve the renewal of 2006 on-sale wine and 3.2 percent malt liauor licenses for Chipotle Mexican Grill of Colorado. LLC. 7644 Lyndale Avenue South. Motion carried 4-0. Item #11 A. Council Member Wroge presented Staff Report No. 251 regarding renewal of 2006 pawnbroker and secondhand goods dealer license for Metro Pawn & Gun, Inc., 7529 Lyndale Avenue. Council Meeting Minutes -14- December 13, 2005 M/Kilian, S/Sandahl to close the public hearinQ. Motion carried 4-0. Mark Nichols, owner, was present to answer questions. Council Member Sandahl asked for an update on the recovery of the firearms stolen this summer. Mr. Nichols said the firearm recovery is slow but Richfield Police Department apprehended the criminals quickly. Council Member Wroge asked about the number of alarm contacts. Mr. Nichols explained there have been a couple attempted break-ins but most alarms are due to an elaborate system that he would rather have and pay the fine. M/Wroge, S/Sandahl to approve the renewal of pawnbroker and secondhand Qoods dealer licenses for Metro Pawn & Gun. Inc.. 7529 Lvndale Avenue South. Motion carried 4-0. B. Council Member Wroge presented Staff Report No. 252 regarding renewal of 2006 pawnbroker and secondhand goods dealer license for Capital Cash LLC, dba Hy's Pawn, 6414 Nicollet Avenue. M/Sandahl, S/Kilian to close the public hearinQ. Motion carried 4-0. M/Wroge, S/Sandahl to approve the renewal of pawnbroker and secondhand Qoods dealer licenses for Capital Cash LLC. d/b/a Hv's Pawn. 6414 Nicollet Avenue South. Motion carried 4-0. Council Member Wroge asked if it was simply terminology that the owners of this business "agree" to act in a cooperative manner versus the previous business owner "continues" to act in a cooperative manner with Public Safety. Health Administrator Osborn said it is only terminology. Council Member Wroge asked if the bond is greater for some businesses than others. Health Administrator Osborn stated going beyond the requirement is not necessary but is acceptable. Item #12 Council Member Wroge presented Staff Report No. 253 regarding first reading of an ordinance amending Richfield Zoning Code adding Section 530 and rezoning properties within 1- 494 Corridor and schedule public hearing and second reading for January 10, 2006. Council Meeting Minutes -15- December 13, 2005 Greg Ingraham, Hosington Koegler Group, Inc., presented a summary and overview of the proposed zoning amendments. Council Member Wroge asked for clarification that the Richfield Menards could expand or build new according to the zoning code. He was told earlier it could be done but wanted to make sure everyone was on the same page. He asked if a second floor would be needed. Companies need to change to survive and stay in Richfield. Mr. Ingraham explained the ordinance is interpreted the mixed-use community district does allow flexibility of up to 10,000 square feet through a conditional use permit. The City Council determines the permitted conditional uses and there are expectations that ordinance standards will be met. City Attorney Thomson stated that if Menards tore their existing building down, they would not be able to rebuild. If the building was destroyed and torn down, they could rebuild exactly as it stood previously even though it doesn't conform. The City could allow expansion under the proposed ordinance for additional flexibility but the expectation would be that they would bring the building closer to conformance. If Menards buys additional parcels and all conformance requirements are met they could build. If minimum requirements are not met the City Council must give approval. Council Member Wroge questioned the use of the word "may", not "will" in the ordinance which means it's up to the City Council. City Attorney Thomson stated that was correct, it is the judgement of the City Council. Mr. Ingraham clarified that it is not necessary to meet all zoning requirements if the expansion is 1 0% but over 1 0% does require the zoning to be met. Council Member Kilian stated this is a grey area and depends on the City Council and who comes forward with plans. By design, the zoning ordinance is a flexible planning vision. Council Member Wroge said his concern was because all of Richfield will be affected. Council Member Sandahl stated the final proposed zoning amendments are a product of open houses with residents and businesses. Flexibility in the ordinance is appropriate and is a baseline for future proposals. Council Member Sandahl asked, if the ordinance is passed tonight, how the changes suggested in the earlier Worksession would be included. City Attorney Thomson explained the zoning ordinance is before the City Council tonight for first reading with no changes. The Planning Commission needs to approve the ordinance also. On January 10, 2006, the City Council is scheduled to conduct second reading of the ordinance. Changes can still be made at second reading but not substantial enough to make the ordinance different from what was first introduced. If the changes are substantial at second reading, the entire process would need to begin again because it would be different than the public's notification of the original ordinance. Council Member Sandahl stated the ordinance changes will be presented to the Planning Commission and then the City Council. Community Development Manager Smith said the Planning Commission will meet December 19,2005 Council Meeting Minutes -16- December 13, 2005 Council Member Wroge expressed his concern that at the January 10, 2006 second reading, public feedback will be received but changes cannot be made. The City Council should wait on approving the ordinance until after the Planning Commission vote. He questioned the rush. Council Member Kilian stated there is a moratorium in the area with an expiration date and the ordinance needs to be completed by that deadline. Community Development Manager Smith explained the moratorium expires on February 8, 2006. The ordinance is effective 30 days after publication and the City Council considers it for second reading on January 10, 2006. Council Member Sandahl stated the process on the ordinance amendment has not changed. City Manager Devich explained changes to the ordinance can be made at second reading but depends upon their magnitude because it may affect the original intent publicized. Council Member Wroge said there is so much material that he questioned how the City Council could be sure there were not more changes to be made. City Attorney Thomson explained nothing said the ordinance must be approved on January 10, 2006. However, a developer may come in since the moratorium has expired. Council Member Wroge asked how the deadline of February 8, 2006 will be addressed since it will be missed by two days with the City Council meeting on January 10, 2006. City Attorney Thomson stated there is no grandfather clause and there is minimal risk of a great change by a developer being submitted. The Comp Plan will be in effect. City Manager Devich said the City Council may wish to attend the December 19, 2005 Planning Commission meeting. City Attorney Thomson explained a Special City Council meeting notice would not be required unless a quorum was present and the City Council participated in the discussion. If participation is anticipated, a notice should be posted. Council Member Wroge said he may wish to participate. The City Council requested a Special City Council meeting be posted for December 19, 2005. MlWroge, S/Kilian to approve first readinQ of the ordinances addinQ Section 530 to the Richfield ZoninQ Code and rezoninQ properties within the 1-494 Corridor and schedule the public hearinQ and second readinQ for January 10, 2006. Motion carried 4-0. Item #13 Council Meeting Minutes -17- December 13, 2005 Council Member Wroge presented Staff Report No. 254 regarding second reading of an amendment to the City Code, Section 408, Subsection 408.01 regarding approval of occupancy of dwelling prior to the issuance of a certificate of housing maintenance compliance certificate. MlWroge, S/Sandahl that this constitutes the second readina of Bill No. 2005-15 amendina Section 408 of the Citv Code. Subsection 408.01 reaardina the approval of occupancv of a dwellina prior to issuance of the certificate of housina maintenance compliance certificate. that it be published in the official newspaper and that it be made part of these minutes. Council Member Sandahl asked the reason this ordinance amendment is proposed. Chief Building Official Regnier explained the amendment has nothing to do with City Bella but is related to single family inspections. Council Member Wroge asked if there was a time certain to finish the projects. Mr. Regnier said the amendment is not related to building inspections. Typically, the timeframe to get the work completed is 30 days but that's why there is a cash escrow agreement so the City can hire a contractor if necessary. Motion carried 4-0. Item #14 Council Member Kilian presented Staff Report No. 255 regarding a resolution establishing just compensation and authorizing purchase of 6601, 6609, 6615, 6621, 6627, 6633, 6639 and 6645 17th Avenue for a new roundabout intersection. M/Kilian, S/Sandahl 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. 9688 RESOLUTION ESTABLISHING JUST COMPENSATION AND AUTHORIZING PURCHASE OF REAL PROPERTY LOCATED AT 6601,6609,6615,6621,6627, 6633,6639, AND 6645 17TH AVENUE Council Member Wroge asked if the just compensation amount is the same as the appraised value. City Attorney Thomson explained just compensation is the appraised value and the City Council authorizes the offer to be made. No offer has been made or accepted by the property owner yet. If the property owner declines, a counter offer is returned to the City Council for approval. Mayor Kirsch asked if MAC would pay the increase of an appraisal on their homes. Community Development Manager Smith said yes. Council Member Wroge asked for clarification of the permanent revolving fund monies and if there were adequate funds available. . Council Meeting Minutes -18- December 13, 2005 City Manager Devich explained the fund and that a special assessment would pay it back. There is $1-1.2 million in the fund now with additional needed funds to borrow internally on a short- term basis. Motion carried 4-0. This resolution appears as Resolution No. 9688 in Resolution Book No. 75. Item #15 Council Member Kilian presented Staff Report No. 256 regarding a resolution approving a Business Subsidy Agreement between Richfield HRA and Ryan Companies US, Inc. for the Cedar Point project. M/Kilian, S/Sandahl that the followino resolution be adopted. that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 9689 RESOLUTION APPROVING A BUSINESS SUBSIDY AGREEMENT BETWEEN THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF RICHFIELD AND RYAN COMPANIES US, INC. Council Member Wroge asked if the $1.1 million is based on the land value now. Mr. Inman explained some of the land is HRA owned or not HRA owned. The amount is generated taxes after construction. Council Member Wroge asked about the portion of the public assistance being the difference between the market value of the cleared land that the HRA sells to the Developer and the price the Developer pays the HRA for that land. Mr. Inman explained the public assistance. Council Member Wroge asked for an update on the Cedar Point project. Bill McHale, Ryan Companies US, Inc., provided an update. The construction schedule depends upon the intersection. There are weekly meetings with City staff. Council Member Sandahl asked about the Target and Home Depot response to the proposed roundabout at 17th Avenue/66th Street. Mr. McHale said they don't see any problems with it. Motion carried 4-0. This resolution appears as Resolution No. 9689 in Resolution Book No. 75. Item #16 Council Meeting Minutes -19- December 13, 2005 Council Member Kilian presented Staff Report No. 257 regarding a resolution authorizing reimbursement for proposed improvements at 66th Street and 17th Avenue intersection. M/Kilian, S/Sandahl that the followino resolution be adopted. that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 9690 DECLARING THE OFFICIAL INTENT OF THE CITY OF RICHFIELD TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY Council Member Wroge said the City Council should know in advance of major changes in the project since tonight he learned Home Depot is not opening in 2006 but rather 2007 as earlier reported. Public Works Director Eastling explained why the date was changed. Council Member Kilian added that homeowner consideration is a factor. Motion carried 4-0. This resolution appears as Resolution No. 9690 in Resolution Book No. 75. Item #17 Mayor Kirsch presented Staff Report No. 258 regarding resolutions approving the 2005 Revised/2006 Proposed budget and tax levy and related resolutions. M/Kirsch, S/Sandahl that the followino resolutions be adopted. that they be spread in the resolution book and that they be made part of these minutes: RESOLUTION NO. 9691 RESOLUTION ESTABLISHING WASTEWATER SERVICE RATES AND CHARGES, WATER RATES AND CHARGES, SPECIAL WATER SERVICE CHARGES, STORM SEWER RATES AND CHARGES, AND 6.5% PENALTY ON PAST DUE ACCOUNTS RESOLUTION NO. 9692 RESOLUTION AUTHORIZING REVISION OF 2005 BUDGET OF VARIOUS DEPARTMENTS RESOLUTION NO. 9693 RESOLUTION AUTHORIZING BUDGET REVISIONS RESOLUTION NO. 9694 RESOLUTION ESTABLISHING 2006 LICENSE, PERMIT AND MISCELLANEOUS FEES PURSUANT TO THE PROVISIONS OF APPENDIX D OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD RESCINDING RESOLUTION NO.'S 9556 and 9647 Council Meeting Minutes -20- December 13, 2005 RESOLUTION NO. 9695 RESOLUTION AUTHORIZING ADJUSTMENT TO CITY'S MILEAGE REIMBURSEMENT RATE TO CONFORM TO INTERNAL REVENUE SERVICE STATUTORY MILEAGE REIMBURSEMENT RATE RESOLUTION NO. 9696 RESOLUTION RELATING TO PURCHASING PRACTICES IN THE CITY OF RICHFIELD AMENDING RESOLUTION NO. 8298 RESOLUTION NO. 9697 RESOLUTION ADOPTING THE 2007-2010 CAPITAL IMPROVEMENT PROGRAM RESOLUTION NO. 9698 RESOLUTION ADOPTING THE 2006 CAPITAL IMPROVEMENT BUDGET RESOLUTION NO. 9699 RESOLUTION ADOPTING A PROPOSED BUDGET AND TAX LEVY FOR THE YEAR 2006 RESOLUTION NO. 9700 RESOLUTION RELATING TO THE 2006 SPECIALIZED PAY PLAN MID-YEAR ADJUSTMENT RESOLUTION NO. 9701 RESOLUTION RELATING TO THE 2006 GENERAL SERVICES SALARY COMPENSATION PLAN RESOLUTION NO. 9702 RESOLUTION RELATING TO THE 2006 GENERAL SERVICES MID-YEAR SALARY COMPENSATION PLAN RESOLUTION NO. 9703 RESOLUTION RELATING TO THE 2006 MANAGEMENT SALARY COMPENSATION PLAN RESOLUTION NO. 9704 RESOLUTION RELATING TO THE 2006 SPECIALIZED PAY PLAN Council Member Sandahl stated this was the fourth time the City Council has considered the budget and tonight is the final action. Motion carried 4-0. These resolutions appear as Resolution No.'s 9691 through 9704 in Resolution Book No. 75. Item #18 M/Wroge, S/Sandahl to schedule a Special City Council Worksession to discuss the final key financial strateQies on Tuesday, January 10. 2006. at 4:30 p.m. in the Council Chambers. Motion carried 4-0. Council Meeting Minutes -21- December 13, 2005 Item #19 M/Sandahl, S/Wroge that the followinQ claims and pavrolls be approved: U. S. BANK AlP Checks: 146471 - 146852 PAYROLL 25727 - 26068; 41025 - 41027 TOTAL $ 1,215,889.50 $ 440,137.31 $ 1,656,026.81 Motion carried 4-0. Item #20 Mayor Kirsch announced the City Council would be going into a Special City Council Closed Executive Session in the Executive Conference Room to consider an offer to purchase real estate. City Attorney Thomson explained that at the November 22, 2005 City Council meeting, the City Council held a Closed Executive Session to consider purchase of a property. Tonight's closed session is for the City Council to consider a counter offer. If the counter offer is accepted, the City Council will reconvene and take action in open session. If the offer is not accepted, no action will be taken in the open session and additional direction will be provided in the closed session. The property is identified as having no street address but is located in the Longfellow loop, east of Cedar Avenue, west of Longfellow Avenue, immediately south of 66th Street and is an oval shape, roughly the western third of the loop. Mayor Kirsch adjourned the meeting at 10:46 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. The City Council Closed Executive Session was called to order by Mayor Kirsch in the Executive Conference Room at 10:49 p.m. Members Present: Martin Kirsch, Mayor; Sue Sandahl; Fred Wroge; and Bill Kilian. Steve Devich, City Manager; Mike Eastling, Public Works Director; Cheryl Krumholz, Recording Secretary; and Corrine Thomson, City Attorney. City Attorney Thomson explained the Closed Executive Session is convened pursuant to M. S. 13D.05 Subd. 3( c)(iii) and the purpose was to discuss the purchase of real estate. Staff Present: The Closed Executive Session adjourned at 11 :16 p.m. Council Meeting Minutes -22- December 13, 2005 It m #21 Mayor Kirsch reconvened the Regular City Council meeting in the City Hall Council Chambers at 11:19 p.m. City Attorney Thomson stated the City Council completed the Closed Executive Session regarding the counter offer for the purchase of the property within the Longfellow loop. There is a written and signed purchase agreement. M/Kilian, S/Sandahl to accept the purchase agreement for the property identified as having no street address but is located in the Longfellow loop. east of Cedar Avenue. west of Longfellow Avenue. immediately south of 66th Street and is an oval shape. roughly the western third of the loop in the amount of $100.000. City Attorney Thomson said the agreement is subject to a number of contingencies to be considered in 120 days, including the suitability of the site. It is the City Council's sole discretion to cancel the agreement if the property is found to be unsuitable. Motion carried 4-0. ~, ~ /... 1 {)i;IA~. 'A4M--Iwf Cheryl Kru holz Recording Secretary