06-26-07 Worksession
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CITY COUNCIL MINUTES
Richfield, Minnesota
Special Worksession
June 26, 2007
I CALL TO ORDER
The meeting was called to order by Mayor Goettel at 6:03 p.m.
I ROLL CALL
Staff Present:
Debbie Goettel, Mayor; Sue Sandahl; Fred Wroge; Bill Kilian; and Susan
Rosenberg.
Steven Devich, City Manager; Brad Sveum, Fire Services Director; Pat Smith,
Acting Community Development Director; Melissa Poehlman, Zoning
Administrator; and Cheryl Krumholz, Recording Secretary.
Members Present:
Item#1
DISCUSSION REGARDING CITY OF RICHFIELD PROPOSED ZONING
ORDINANCE REVISIONS (COUNCIL MEMO NO. 109)
Zoning Administrator Poehlman stated staff and consultant Bill Weber of McCombs Frank
Roos Associates have been working on revisions to the City's Zoning Ordinance for approximately
two years. The proposed changes range from minor grammatical and organizational issues to more
substantive policy issues. Staff has met with the Planning Commission numerous times over the past
two years to discuss and receive feedback regarding the proposed ordinance changes. In addition,
staff has presented these changes to the Chamber of Commerce and the Chamber supports the
proposed changes.
Zoning Administrator Poehlman reviewed a summary of the proposed changes for the
residential sections, commercial and industrial sections, general provisions and performance
standards, administration and additional items mentioned by the Planning Commission.
Council Member Wroge asked about the removal of some distance prohibitions in commercial
and industrial areas.
Zoning Administrator Poehlman explained that staff believed the performance standards,
Pollution Control Agency (PCA) controls and zoning regulations would adequately address distance.
Mayor Goettel asked about the gas station distance from daycares.
Acting Community Development Director Smith stated the Planning Commission struggled
with determining appropriate distances.
Council Member Kilian asked about the grandfather clause for gas stations.
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June 26, 2007
Zoning Administrator Poehlman said State Statute and the zoning ordinance address the
clause.
Council Member Wroge asked about the proposed change allowing used car sales only in
conjunction with new car sales.
Zoning Administrator Poehlman explained that current used car sales could continue, but not
if the use changed.
Mayor Goettel asked about sod requirements for landscaping standards.
Zoning Administrator Poehlman said sod is not required.
Zoning Administrator Poehlman reviewed the parking lot maximums.
Council Member Wroge asked about the determining of parking stalls for a business.
Zoning Administrator Poehlman stated a study would need to be conducted by the
establishment to justify the number of parking spaces if they believed more or less parking was
necessary.
Acting Community Development Director Smith explained several cities in the metro and
nation were looked at to assist in establishing a minimum/maximum parking requirement. If the
requirements do not work, the ordinance can be amended or a variance considered.
Council Member Kilian stated the City Council can approve a variance but the ordinance sets
the minimum/maximum parking requirements.
Council Member Wroge asked about determining the number of parking spaces needed for a
restaurant. He added he does not want new and future development to create parking problems
within the neighborhood.
Council Member Kilian stated the number of parking spaces is a delicate match and needs to
be economically viable.
Acting Community Development Director Smith reviewed the minimum parking space needed
by various restaurants based upon gross floor area.
Council Member Wroge said square footage verses potential occupancy may be an issue.
Zoning Administrator Poehlman stated the standards are based upon best estimates and
American Planning Association (APA) guidelines.
Council Member Kilian said there have also been errors with the need for more parking
because it is not easily predictable.
Council Member Kilian discussed the proposed parking limits for single-family and two-family
homes with no more than four cars parked in the driveway or turnaround areas. He requested there
be a review of having the vehicles registered to someone living at the home as their permanent
address. He added there should be no storage for anyone else but some temporary parking
situations, like visitors, should be permitted.
Zoning Administrator Poehlman stated that enforcement using the permanent address would
be difficult because the Police need to check license plates. The ordinance already addresses .
temporary parking.
Council Member Wroge questioned includingthe turnaround area as parking space.
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June 26, 2007
Council Member Kilian said there was previous discussion that the turnaround should not be
used to increase the parking area.
Mayor Goettel questioned the ability to determine visitor parking.
Zoning Administrator Poehlman said it would be complaint-based.
The City Council consensus was that there should be no parking permitted in a turnaround
and the City Code should be amended as needed. . .
City Manager Devich added that larger driveways are not grandfathered in.
Council Member Sandahl asked about impervious surface limits for single-family and two-
family residential.
Zoning Administrator Poehlman said the surface is 45% of the lot but it can be adjusted as
needed for a conditional use permit (CUP).
Council Member Kilian stated the point of sale does not require changing the driveway
surface.
Mayor Goettel asked about the status of the sign ordinance.
Zoning Administrator Poehlman said the entire sign ordinance is currently being reviewed.
Council Member Kilian discussed the separation distance for firearm uses.
Zoning Administrator Poehlman said the distance is not proposed to change.
Council Member Sandahl asked about the separation distance for tattoo parlors.
Zoning Administrator Poehlman reviewed the current ordinance.
Mayor Goettel asked about the hours of operation for pawn shops and second-hand goods
stores.
Zoning Administrator Poehlman reviewed the current ordinance. She said the Planning
Commission questioned the need to limit their hours since the City Code addresses specific hours of
operation. .
Council Member Sandahl asked about the issue of the number of occupants in a home.
Zoning Administrator Poehlman said occupancy is not a zoning matter. Environmental Health
will address this at a future Worksession.
Council Member Rosenberg asked about home occupation space.
Zoning Administrator Poehlman stated the space is 25% of the gross floor area. The
proposed ordinance states the space is based upon the principal building, not an accessory building
like a garage.
Council Member Wroge said there are too many possibilities to abuse this use if it is out of a
garage.
The City Council consensus was to limit home occupation space to 25% of the gross floor
area in the, principal building.
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Zoning Administrator Poehlman explained the process to approve the proposed changes
including the effective date.
Council Member Wroge questioned the proposed removal of setbacks for small accessory
buildings adjacent to single-family homes.
Zoning Administrator Poehlman said the determination was that there was no need for the
extra space. Some businesses have a zero setback but need to meet all building and fire
requirements.
Council Member Kilian asked about reducing the 30-foot front yard setback.
Zoning Administrator Poehlman said the setback was deemed appropriate so an additional
10-feet was allowed to permit a front porch resulting in a 20-foot setback.
Council Member Kilian expressed concern regarding a basically zero setback for small
buildings because of maintenance problems.
Zoning Administrator Poehlman said no building permit is required for an accessory building
less than 120 square feet so it would be difficult to monitor the location.
Council Member Wroge suggested the setback be consistent with the distance required for a
garage.
Acting Community Development Director Smith said staff would review the setback
requirements.
Item # 2 DISCUSSION REGARDING CERTAIN PROVISIONS OF MINNESOTA STATE
BUILDING CODE AND MINNESOTA STATE FIRE CODE
Fire Services Director Sveum discussed the upcoming new State Fire and Building Code to be
adopted in July, including the City's option on three items:
. Building code option - 1306 fire sprinkler provision. The City is allowed to adopt more
stringent provisions for sprinklers in new buildings over 2000 square feet and existing
buildings when use changes. This matches the current code from 2003.
. Fire code - barbeque/grills on decks in apartment buildings options. The current code
is recommended to continue which prohibits charcoal grills on combustible apartment
balconies or within 10-feet of combustible construction unless the building and balcony
are sprinkled.
. Fire code - Recreational fires. The current code regulates the size of the fire, distance
from structures and material burned. It does not establish regulations regarding hours,
excessive wind or nuisance factor. The City has by policy, not ordinance, established
a 6 p.m. to 11 p.m. time of operation.
Council Member Wroge asked about enforcing recreational fire limitations when it is not illegal
by ordinance.
Fire Services Director Sveum stated that when the PCA removed their regulations, the Fire
Department self~regulated the fires by policy.
Council Member Kilian said some regulations are necessary.
Fire Services Director Sveum stated remediation for smoke is not addressed.
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Council Member Rosenberg said there should be some restriction on nuisance issues but
maybe no time limits.
The City Council requested more information be provided related to recreational fire
restrictions.
I ADJOURNMENT
The meeting was adjourned by unanimous consent at 6:55 p.m.
~rI:~
Cheryl Kr mho
Recording Secretary
Date Approved: JulvlO, 2007