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10-12-04 Regular CITY COUNCIL MEETING MINUTES Richfield, 'Minnesota Regular Meeting October 12, 2004 The meeting was called to order by Mayor Kirsch at 6:40 p.m. Members Present: Martin Kirsch, Mayor; Susan Rosenberg; Gertrude Ulrich; John Enger; and Sue Sandahl. Samantha Orduno, City Manager; Steve Devich, Administrative Services Director/Acting City Clerk; Brad Sveum, Acting Fire Services Director; Bruce Palmborg, Community Development Director; Dan Scott, Public Safety Director; and Corrine Thomson, City Attorney. Staff Present: No one was registered to speak. Mayor Kirsch led the audience in the Pledge of Allegiance. M/Rosenberg, S/Sandahl to approve the minutes of (1) Special Concurrent Worksession of City Council/HRA/Planninq Commission of September 28. 2004: (2) Special City Council Meetinq of September 29. 2004 and (3) Special City Council Meetinq of October 2. 2004. Motion carried 5-0. Item #1 Council Meeting Minutes -2- October 12, 2004 Acting Fire Services Director Sveum presented a Citizen's Award for Meritorious Service to resident Maggie Robinson for her heroic action in saving the life of an elderly gentleman at Richfield Lake. Mr. Sveum indicated that Ms. Robinson was not able to be present to receive the award in person. Mayor Kirsch thanked Ms. Robinson for her service to the community. Item #2A No one from the Planning Commission was available. The Mayor suggested that the annual meeting with the Planning Commission be rescheduled to a future City Council meeting. Item #2 Council Member Rosenberg informed residents that the Richfield Community Council will be having a planning session on October 19, 5:00 - 6:30 p.m. at Assumption Church to discuss human services and set priorities for the coming year. Council Member Sandahl stated that the Recreation Department sponsored the first middle school activity night for the 2004-2005 school year with 375 students attending. She thanked staff for making this possible. Two additional activity nights have been set for February 11 and May 13. Also starting October 5 there will be after school activities planned for teens grades 6-8 at the Richfield Middle School on Tuesdays, 2:45 - 5:00 p.m. Council Member Ulrich stated there will be a Legislative candidates meeting sponsored by the Chamber of Commerce on October 27 at 7:30 a.m. Council Member Enger asked what the soil correction costs were for the Penn Place project. City Manager Orduno responded with the costs. Council Member Ulrich announced the Historical Society event on October 28 at 6:00 p.m. at the VFW. Item #3 City Manager Orduno reported on the following: 1. Family Friendly task force meeting October 28 at 5:30 p.m. 2. On-line newsletter has been launched - currently 150 subscribers 3. Out & About show on the new fire truck Item #4 M/Rosenberg, S/Ulrich to approve the aQenda. Council Meeting Minutes -3- October 12, 2004 Motion carried 5-0. Item #5 A. Approved authorization of purchase of winter deicing salt for the 2004/2005 winter season from North American Salt Company at the price of $31.71 per ton, delivered, plus sales tax S.R. No. 161 B. Approved resolution approving subdivision waiver for 7233 Emerson Avenue S. R. No. 162 RESOLUTION NO. 9526 RESOLUTION AUTHORIZING A SUBDIVISION WAIVER 7233 EMERSON AVENUE This resolution appears as Resolution No. 9526 in Resolution Book No. 75. C. Approved resolution approving subdivision waiver for 6525 Emerson Avenue S. R. No. 163 RESOLUTION NO. 9527 RESOLUTION AUTHORIZING A SUBDIVISION WAIVER 6525 EMERSON AVENUE This resolution appears as Resolution No. 9527 in Resolution Book No. 75. D. Removed from the consent calendar and placed on the regular agenda for consideration as Item 6. E. Removed from the consent calendar and placed on the regular agenda for consideration as Item 6. F. Removed from the consent calendar and placed on the regular agenda for consideration as Item 6. Council Member Sandahl asked to remove Items 50, 5E and 5F from the Consent Calendar and place on the regular agenda as Items 6A, 6B and 6C. M/Rosenberg, S/Enger to approve the Consent Calendar as amended. Motion carried 5-0. Item #6 50. Consideration of first reading of an ordinance rezoning the property at 6941 and 6945 Nicollet Avenue to SO-1 (Service Office District) S.R. No. 164 Council Member Sandahl presented Staff Report No. 164 regarding consideration of a first reading of an ordinance rezoning the property at 6941 and 6945 Nicollet Avenue to SO-1 (Service Office District). Council Member Sandahl stated that she had received calls from a number residents who have voiced a concern regarding the rezoning. Ms. Sandahl also has concerns about commercial crawling into the residential neighborhood. Council Meeting Minutes -4- October 12, 2004 Community Development Director Palmborg stated that the Planning Commission approved this rezoning. Kevin Anderson, Cornerstone Realty, stated that no one at the Planning Commission hearing spoke against the project. He stated that the site has not been residential for at least five years. Mr. Anderson stated that their business has also been a strong supporter of the community for the five years of the business's existence. Council Member Ulrich stated that she also had the same concern as Council Member Sandahl, but was supportive of the project because of the nature of, and traffic on, Nicollet Avenue. Community Development Director Palmborg stated that the Planning Commission will take up the issue of rezoning within 150' of an intersection at a future meeting. Mayor Kirsch stated that his understanding of the Planning Commission action was to look at such rezoning situations. Council Member Sandahl asked if the hours of operation would be limited in the evening hours. Mr. Anderson responded that it would be open until 7:00 p.m. Community Development Director Palmborg described the allowable uses in an SO-1 zoning classification. . MtSandahl, StEnger to approve the first readina of the ordinance rezonina 6941 Nicollet Avenue from R (Sinale Familv Residential) to SO-1 (Service Office District) and 6945 Nicollet from C-1 (neiahborhood Business) to SO-1 (Service Office District). Motion carried 5-0. 5E. Consideration of approval of resolution approving off-street parking permit at 6421 Penn Avenue S.R. No. 165 Council Member Sandahl reviewed Staff Report No. 165 regarding approval of a resolution approving an off-street parking permit at 6421 Penn Avenue. Council Member Sandahl stated that she had a concern that there was no requirement for landscaping improvements. Ms. Sandahl also indicated that she did not see a 6419 address for one end of the building. She stated that she objects to the applicant not meeting the landscape standard. Community Development Director Palmborg responded that the site meets the current parking standards and that additional landscaping would compete with parking space. City Attorney Thomson stated that the applicant meets the standards under the ordinance and the applicant has a lease preventing employee parking in the front of the building. Council Member Sandahl stated that she wanted to see planters added to the building or next to it, to improve the appearance. Mayor Kirsch agreed that some planters would make the site look better and could be placed on the area designated as a sidewalk across a portion of the front of the building. Community Development Director Palmborg suggested perhaps the parking be approved subject to the applicant submitting a landscape plan to the Community Development Director. Council Member Rosenberg asked if the City has the authority to approve a currency exchange business. Public Safety Director Scott stated that the City Council approves such businesses. Council Meeting Minutes -5- October 12, 2004 City Attorney Thomson statedt!'lCitc.urrency.~xchange businesses are under State licensing and would come before the City Council in the form of a license application. Council Member Ulrich stated that she wanted to include a requirement for maintenance of the landscaping. Council Member Sandahl stated the Council may want to consider continuing this item until the City Council sees a landscaping plan. Gary Russell, 6811 Charis Court, Eden Prairie, representing Signs for Tomorrow, stated that their business would consist of two employees and would mostly do business with other business entities. Mr. Russell stated that employee parking could be in the rear of the building. Council Member Sandahl asked Mr. Russell what his opinion was with regard to placing planters on their sidewalk. Mr. Russell felt that it would likely improve the appearance of the property. However, Mr. Russell stated that he was very concerned about the length of time it has taken to get the necessary approvals and was concerned that this would add more time to the approval process. 6F. Consideration of approval of resolution approving off-street parking permit at 6419 Penn Avenue S.R. No. 166 M/Sandahl, S/Enger that the followinq resolutions be adopted upon two conditions; continqent upon landscapinq plan submitted to Community Development Director to be approved and contain a provision for onqoinq maintenance and that it be conditional upon proof of alternative employee parkinq, that they be spread in the resolution book and that they be made part of these minutes: RESOLUTION NO. 9528 RESOLUTION GRANTING AN OFF-STREET PARKING PERMIT AT 6421 PENN AVENUE RESOLUTION NO. 9529 RESOLUTION GRANTING AN OFF-STREET PARKING PERMIT AT 6419 PENN AVENUE 1. Applicant submit and gain approval for a landscaping plan and maintenance. 2. Proof of alternative employee parking. Motion carried 5-0. These resolutions appear as Resolution No.'s 9528 and 9529 in Resolution Book No. 75. Council Member Rosenberg stated that she will support the motion, but wants the staff to be tough in enforcing these conditions. Item #7 Council Member Ulrich reviewed Staff Report No. 167 regarding the approval of a first reading to add a new Section 1355 to Chapter XIII of the City Code to include language controlling the use of recreational motor vehicles and setting a date of a second reading for October 26, 2004. Council Meeting Minutes -6- October 12, 2004 Council Member Ulrich reviewed the provisions of the proposed ordinance in detail. Council Member Enger asked the Public Safety Director to see if he could gather accident data regarding these types of vehicles. Public Safety Director Scott responded that he would try. M/Ulrich, S/Sandahl to approve a first readinq to add the new Section 1355 to Chapter XIII of the Richfield City Code that includes lanquaqe controllinq the use of recreational motor vehicles and schedule a second readinq for October 26. 2004. Motion carried 5-0. Item #8 Council Member Rosenberg reviewed Staff Report No. 168 regarding approval of a second reading of an ordinance amendment to City Code Section 905 regarding multi-pet residence licenses and a summary publication of the amended Section 905. Council Member Rosenberg presented the significant provisions of the proposed ordinance. City Attorney Thomson revised the summary publication of the ordinance amendment to further clarify the impact of the ordinance. M/Rosenberg, S/Sandahl that this constitutes the second readinq of Bill No. 2004-10 that is an amendment to Section 905. which deals with multi-pet residence licenses. that it be published in the official newspaper and that it be made part of these minutes; and that the followinq revised resolution be adopted. that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 9530 RESOLUTION APPROVING SUMMARY PUBLICATION OF BILL NO. 2004-10 Motion carried 5-0. This resolution appears as Resolution No. 9530 in Resolution Book No. 75. Item #9 Council Member Rosenberg reviewed Staff Report No. 169 regarding reconsideration of a three-month temporary, multi-pet residence license for 6436 Portland Avenue (continued from June 22). Council Member Rosenberg stated that this is an example of when many of the neighbors contacted staff raising concern and opposition to the issuance of this license. Steve Lewis, 6436 Portland Avenue, stated he has tried to comply with the requirements of his temporary license and stated that other dogs in the neighborhood are barking. Council Meeting Minutes -7- October 12, 2004 Council Member Enger asked~9'f'1,}n~ny dogs he currently has at his home. Mr. Lewis stated that he now has three licensed dogs, one of which belongs to his son stationed in Iraq. Sheila O'Brien, 7520 Morgan Avenue, stated that the whole matter of placing strict requirements on pet owners because of a few irresponsible owners makes her sad. Carol Lewis, 6436 Portland Avenue, stated that she is a responsible dog owner. She stated that she has heard other dogs barking, not their dogs. Council Member Enger asked if there are any puppies' at this residence. Steve Lewis, 6436 Portland Avenue, stated that there have been no puppies on the property since February 2004. Public Safety Director Scott stated that there had been three unsolicited complaints regarding barking dogs since June 2004 when the City Council last considered this matter. M/Rosenberg, S/Ulrich to deny a request for a new multi-pet residence license for Stephen M. Lewis. 6436 Portland Avenue South. Motion carried 5-0. Item #10 Council Member Enger reviewed Staff Report No. 170 regarding consideration of a proposal from Orfield Laboratories to develop noise standards. Council Member Enger stated he had some concern regarding using Orfield for developing standards for sound attenuation for the Ryan development. City Manager Orduno responded that JLG Architects lays out a general plan for the project area, but that Orfield would direct his studies toward the sound attenuation materials that should be used in the area. She stated that the two companies would work in concert. City Attorney Thomson stated that a termination provision should be added to the contract with Orfield. Council Member Enger asked why we are not looking at other developers beside Ryan Companies. Mayor Kirsch responded that JLG Architects met with several developers. M/Ulrich, S/Rosenberg to approve the terms of a proposal from Orfield Laboratories for the development of desian criteria for low frequency noise-compatible construction in the 87dB area and authorize execution of an aareement with the addition of a termination provision. Motion carried 5-0. Item #11 Council Member Sandahl reviewed Staff Report No. 171 regarding consideration of appointments to fill youth terms on City advisory commissions. Council Meeting Minutes -8- October 12, 2004 Council Member Sandahl read the following youth commission appointments to fill expiring or vacant terms: ADVISORY BOARD OF HEALTH Name Thuy Nguyen- Tran Term Expires August 31,2005 HUMAN RIGHTS COMMISSION Name Shannon Flood Term Expires August 31,2005 M/Sandahl, S/Rosenberg to approve appointments to fill the youth terms on the City's advisory commissions. Motion carried 5-0. Item #12 M/Rosenberg, S/Sandahl that the followinQ claims and pavrolls be approved: RICHFIELD BANK & TRUST CO. NP Checks: 134942 - 135262 PAYROLL 39568 - 39579 TOTAL $ 648,167.58 $ 469,268.71 $ 1,117,436.29 Motion carried 5-0. Item #13