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11-09-04 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting November 9, 2004 The meeting was called to order by Mayor Kirsch at 6:30 p.m. Members Present: Martin Kirsch, Mayor; Susan Rosenberg; Gertrude Ulrich; John Enger; and Sue Sandahl. Steve Devich, Acting City Manager; Bruce Palmborg, Community Development Director; Dan Scott, Public Safety Director; Mike Eastling, Public Works Director; Bruce Nordquist, Housing and Redevelopment Manager; Cheryl Krumholz, Recording Secretary; and Corrine Thomson, City Attorney. Staff Present: Dick Ziemer, 6400 Vincent Avenue, presented a petition from the neighborhood regarding a trashed house at 6405 Vincent Avenue. The neighborhood prefers a complete demolition and building a new home to upgrade the City's housing stock. There are neighborhood concerns regarding the new owner rehabbing the home. Mayor Kirsch said the HRA offered to purchase the home, but a contractor offered more money. Community Development Director Palmborg explained the HRA submitted a bid based on an appraisal report but a private party offered substantially more money. City Attorney Thomson explained the City Council ordered an abatement to remedy the conditions and the new owner is required to abate all the hazards. If the home can be rehabbed, it must meet all code requirements, and the City would not pursue abatement actions if there is no extraordinary delays. Council Member Ulrich asked about a timeline for making the repairs because this could be an endless project. She asked about the City's level of involvement in this project. Public Safety Director Scott explained the abatement process requires permits and inspections but no timeline is in place. Discussions between the City's Chief Building Official and the new owner indicate the owner wished to get the work done in a timely fashion. Council Member Sandahl asked about the point-of-sale requiring funds to be escrowed at the time of closing. Public Safety Director Scott said no closing has occurred yet. Council Meeting Minutes -2- November 9, 2004 City Attorney Thomson stated the abatement time period should be monitored by the Chief Building Official. If there are problems, the City retains the ability to initiate court proceedings. Mr. Ziemer stated he believes the mold can not be eradicated unless the house is demolished. Public Safety Director Scott stated this property will be treated the same as others. He added no permits have been issued yet. The Chief Building Official believes the home can be repaired. Council Member Enger asked if the new owner was a Richfield resident. Public Safety Director Scott said that is unknown. City Attorney Thomson stated the issue is not who owns the home but the condition of the property. Council Member Enger asked about the dollar amount dictating if the home is demolished or rehabbed. City Attorney Thomson stated it is the owner's right to spend any amount. Council Member Enger asked about a health analysis to deem the home livable after reconstruction. City Attorney Thomson stated it would be assumed the mold is removed to meet occupancy requirements. Acting City Manager Devich stated a full report on this house will be provided to the City Council. Mayor Kirsch led the audience in the Pledge of Allegiance. M/Rosenberg, S/Sandahl to approve the minutes of (1) Special City Council Worksession of October 12. 2004: (2) Reqular City Council Meetinq of October 12. 2004; (3) Special City Council Worksession of October 12.2004; (4) Special City Council Meetinq of October 27.2004: (5) Special City Council/HRAlPlanninq Commission Worksession of October 26, 2004; and (6) Reqular City Council Meetinq of October 26, 2004. Motion carried 4-0. (Enger absent.) Item #1 Council Member Ulrich presented a proclamation designating American Education Week, November 14-20,2004 to District 5 American Legion representatives. Council Meeting Minutes -3- November 9, 2004 Item #2 Donna Drummond, Planning Commission Chair, reported on the commission's 2004 accomplishments and 2005 proposed goals. The City Council thanked the commission for their work. Item #3 John Easterwood, Charter Commission President, reported on the commission's 2004 accomplishments. The City Council thanked the commission for their work. Item #4 Housing and Redevelopment Manager Nordquist presented the Woodlake Centre 2004 Smart Growth Design Award to Mayor Kirsch. Item #5 M/Sandahl, S/Rosenberg to schedule a Special City Council Closed Executive Session on December 6, 2004 immediatelv followinQ the Truth-in- Taxation hearinQ reQardinQ the City ManaQer's annual performance evaluation. Motion carried 5-0. Council Member Ulrich complemented State, Metro and City staff on the excellent conduction of the November General Election. Council Member Rosenberg announced the "Out & About" show regarding the Richfield High School 50th anniversary. The City Council extended their congratulations to the high school. Item #6 None. Item #7 Council Meeting Minutes -4- November 9, 2004 M/Rosenberg, S/Sandahl to approve the aoenda. Motion carried 5-0. Item #8 A. Approved resolution determining results of City's General Election of November 2, 2004 S.R. No. 182 RESOLUTION NO. 9535 RESOLUTION DETERMINING RESULTS OF THE GENERAL ELECTION OF THE CITY OF RICHFIELD HELD ON TUESDAY, NOVEMBER 2,2004 This resolution appears as Resolution No. 9535 in Resolution Book No. 75. B. Removed from the consent calendar and placed on the regular agenda for consideration as Item 9. C. Removed from the consent calendar and placed on the regular agenda for consideration as Item 9. D. Removed from the consent calendar and placed on the regular agenda for consideration as Item 9. E. Approved purchase of new 4x4 Ford F-350 from Rochester Ford for use by Utility Maintenance Division in amount of $16,452.65, plus sales tax and delivery charge S.R. No. 186 M/Rosenberg, S/Enger to approve the Consent Calendar as amended. Motion carried 5-0. Item #9 98. Consideration of approval of resolution approving subdivision waiver for 6305 DupontAvenue S.R. No. 183 Council Member Rosenberg stated City staff requested this item be tabled until Planning Commission review. M/Rosenberg, S/Enger to table the resolution approvino the subdivision waiver for 6305 Dupont Avenue. Motion carried 5-0. 9C. Consideration of approval of resolutions levying special assessments for nuisance abatement and weed destruction against certain property owners S.R. No. 184 Council Member Enger presented Staff Report No. 184 regarding approval of resolutions levying special assessments for nuisance abatement and weed destruction against certain property owners. Council Member Enger suggested City staff, instead of private contractors, perform these services to recover costs. Setting a minimum fee may be appropriate. Council Meeting Minutes -5- November 9, 2004 Council Member Sandahl asked about accurate staff time reflected in the fees. Acting City Manager Devich explained staff time is covered and there is a flat $25 charge. The policy will be reviewed and provided to the City Council with minimum rates and certification costs. M/Enger, S/Rosenberg 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. 9537 RESOLUTION LEVYING SPECIAL ASSESSMENT FOR NUISANCE ABATEMENT AND FALSE ALARM FEES RESOLUTION NO. 9538 RESOLUTION LEVYING SPECIAL ASSESSMENT FOR WEED DESTRUCTION Motion carried 5-0. These resolutions appear as Resolution No.'s 9537 and 9538 in Resolution Book No. 75. 90. Consideration of approval of new on-sale wine and 3.2 percent malt liquor licenses, including outside service of wine/3.2 beer and food for Chipotle Mexican Grill of Colorado, LLC, 7644 Lyndale Avenue S.R. No. 185 Council Member Enger presented Staff Report No. 185 regarding consideration of approval of a new on-sale wine and 3.2 percent malt liquor licenses, including outside service of wine/3.2 beer and food for Chipotle Mexican Grill of Colorado, LLC, 7644 Lyndale Avenue. Council Member Enger stated the proposed sitting on the sidewalk with outside drinking of alcohol may not look good to people since this area is the gateway to the City. He preferred it in the back. Public Safety Director Scott stated the outside area is in the back of the building. Council Member Sandahl stated outside dining in Richfield is a plus and she is supportive of wherever it is as long as all guidelines are met. M/Enger, S/Rosenberg to approve the issuance of a new on-sale wine and 3.2 percent malt liquor license. includino the outside service of wine/3.2 beer and food for Chipotle Mexican Grill of Colorado. LLC. 7644 Lvndale Avenue South. Motion carried 5-0. Item #10 Council Member Sandahl presented Staff Report No. 187 regarding second reading of an ordinance amendment rezoning property at 6941 and 6945 Nicollet Avenue to Service Office District and consideration of a resolution regarding an off-street parking permit at 6941 Nicollet Avenue. Kevin Anderson, Cornerstone Realty, discussed the proposed project and neighborhood response. He said he is requesting one parking space with the proposed driveway expansion in Council Meeting Minutes -6- November 9, 2004 front of the building for the Cornerstone van and better snow removal. He added the business fits with that corner as an appropriate SO-1 zoning. Mr. Anderson explained the difference between the original site plan curbing approved by the Planning Commission and the proposed site plan before the City Council tonight but not reviewed by the Planning Commission. Council Member Enger stated the proposed new parking space is 15' north of the current space. M/Ulrich, S/Rosenberg to close the public hearinQ. Motion carried 5-0. Council Member Sandahl asked about the limited green space in front of the original building. Mr. Anderson said he tried to make the most of the available space to be visually stimulating. Council Member Sandahl stated she did not support more parking space in front of the building, when the City Council is restricting this type of parking. Mr. Anderson stated the truck would be parked in the Taystee lot on the corner if it's not allowed on the Cornerstone site. He added this would not be as attractive. Mr. Anderson said there is less parking space with the new proposed site plan than when the original house was there. Council Member Sandahl asked if Mr. Anderson had been given permission to park the van with signage in the front yard. Council Member Rosenberg asked about parking the van in the back. ',j Mr. Anderson stated rear parking would result in a lost parking space and the van was not bought to be parked in the back but used to champion the business. Council Member Sandahl stated the van is used for advertising. She requested Mr. Anderson work with City staff on the lighting because it appears very bright for a residential area. Mr. Anderson said a lighting adjustment will be made if staff finds it necessary. Council Member Sandahl asked about the tree removed from the front yard. Mr. Anderson stated three new trees are to be planted and the landscaping has been approved by staff. Council Member Sandahl asked if the Planning Commission approved the revised site plan before the City Council tonight. Mr. Anderson said no but that he believes the plan to be improved. Council Member Enger asked if the approval of the SO-1 zoning was for the entire corner or just these two parcels. Council Meeting Minutes -7- November 9, 2004 Community Development Director Palmborg said these two parcels. Council Member Sandahl explained the concern on the van is that it may appear to encourage the parking of a commercial vehicle with signage when a sign would not be permitted on this parcel. Mr. Anderson stated the neighbors support the site plan but he will give up the parking of the van on the lot to move the project forward. Council Member Ulrich stated she liked the project but the concern was the van parking because it runs contrary to what the City Council plans to do regarding front-yard parking regulations. Mayor Kirsch stated the SO-1 zoning does not promote parking. The concern is if this property receives this parking, a precedent may be set. Mr. Anderson stated he believed this was very little for the City to give considering Cornerstone's track record with the City. He added this is not a typical residential area. Council Member Sandahl asked if a sign would be permitted in SO-1 zoning. Community Development Director Palmborg said no. Council Member Ulrich agreed a precedent may be set if the front yard parking of the van with signage is permitted. Council Member Enger stated the revised site plan does not appear to include any additional parking. City Attorney Thomson clarified the issues before the City Council. . The City Council needs to determine if the rezoning is an appropriate land use for the area. If the City Council denies the rezoning, the City Council needs to state the reason on the record. The City needs to comply with the 60-day provision in State law. . The City Council needs to determine if standards are met for an off-street parking permit, assuming the rezoning is approved. M/Enger, S/Ulrich that this constitutes the second readinq of Bill No. 2004-13 rezoninq property at 6941 Nicollet Avenue from R (Sinqe Family Residential) to SO-1 (Service Office District) and 6945 Nicollet from C-1 (Neiqhborhood Business) to SO-1 (Service Office District), that it be published in the official newspaper and that it be made part of these minutes. Motion carried 5-0. Council Member Enger asked if the existing driveway will be removed or expanded. Mr. Anderson explained the apron will be widened. M/Sandahl, S/Kirsch that the followinq resolution be adopted, that it be spread in the resolution book and that it be made part of these minutes and that Cornerstone work with City staff to ensure Iiqhtinq is not intrusive to surroundinq properties: Council Meeting Minutes -8- November 9, 2004 RESOLUTION NO. 9539 RESOLUTION GRANTING AN OFF-STREET PARKING PERMIT AT 6941 NICOLLET AVENUE Council Member Sandahl clarified the resolution includes that no parking spaces be located in the front yard. Council Member Enger asked if it was feasible to leave the van parked in the existing space. Mr. Anderson said that would not be as appealing. Council Member Enger stated the van will still be allowed on Nicollet Avenue, just not in Cornerstone's front yard. Council Member Sandahl said this was a creative way to have signage in the front yard. Council Member Enger stated a residential area would allow a driveway with one additional parking area, but asked why not here for an SO-1 zoning. Council Member Sandahl stated the parking would not be in the front yard. She added the Planning Commission approved no front-yard parking. Mr. Anderson asked if the City Council had an issue with the revised site plan. The City Council said no. Council Member Enger asked about allowing the extra space on an interim basis with the expectation it may be taken away to eliminate front-yard parking when the ordinance or regulations is effective. City Attorney Thomson stated it is preferable to not grant a request if it may later be taken away. This property is not directly comparable to residential property; it is a limited form of commercial property. City Attorney Thomson said signage is not before the City Council tonight, only the off- street parking permit. Under the City's sign ordinance, no sign would be permitted. An off-street parking permit requires commercial vehicles to be parked in the rear. Council Member Enger stated support for allowing the parking space since the property is a form of a commercial site. Council Member Sandahl said only parking in the front-yard is prevented. Mayor Kirsch called the question. Motion carried 4-1. (Enger opposed.) This resolution appears as Resolution No. 9539 in Resolution Book No. 75. Item #11 Council Member Ulrich presented Staff Report No. 188 regarding consideration of a resolution regarding four-city Public Service Answering Point Consolidation Study recommendation and a resolution regarding Hennepin County Dispatch Proposal. Council Meeting Minutes -9- November 9, 2004 Mayor Kirsch thanked staff for conducting the consolidation study. M/Ulrich, S/Sandahl that the follbwina resolutions be adopted. that they be spread in the resolution book and that they be made part of these minutes: RESOLUTION NO. 9540 RESOLUTION AUTHORIZING THE RICHFIELD PUBLIC SAFETY DEPARTMENT TO ABSTAIN FROM THE OFFER SUBMITTED BY THE HENNEPIN COUNTY SHERIFF'S OFFICE TO CONVERT THE DISPATCHING OF 911 COMMUNICATION CALLS FROM RICHFIELD PSAP TO HENNEPIN COUNTY PSAP RESOLUTION NO. 9541 RESOLUTION AUTHORIZING THE RICHFIELD PUBLIC SAFETY DEPARTMENT TO ABSTAIN FROM PARTICIPATING IN THE FOUR-CITY PUBLIC SAFETY ANSWERING POINT (PSAP) CONSOLIDATION OF 911 COMMUNICATION SERVICES Motion carried 4-0. (Enger absent.) These resolutions appear as Resolution No.'s 9540 and 9541 in Resolution Book No. 75. Item #12 M/Rosenberg, S/Enger that the followino claims and payrolls be approved: RICHFIELD BANK & TRUST CO. AlP Checks: 135567 - 135910 PAYROLL 39593 - 39598 TOTAL $ 873,530.51 $ 417,822.70 $ 1,291,353.21 Motion carried 5-0. Item #13 Mayor Kirsch announced the Special City Council Worksession scheduled to follow this regular meeting is postponed. The City Council meeting was adjourned by unanimou~~:~.~ent at lJ8 p.rp. /J Date Approved: November 23, 2004 /" ~ . Kirs h /J{! /) . G/~ j p/,V11/~4 Cheryl K umholz V Recording Secretary