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01-11-1988CITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING January 11, 1988 MEMBERS PRESENT: Steven Quam, Mayor; Edwina Garcia; Ivan Ludeman; and Martin Kirsch. STAFF PRESENT: James Prosser, City Manager; Steven Devich, Administrative Services Director; Thomas P. Ferber, City Clerk; Donald Fondrick; Community Services Director; Byron Wallace, Community Development Director; John Erskine, Public Safety Director; William Fillmore, Liquor Operations Director; and John Dean City Attorney. The meeting was called to order by Mayor Quam at 7:00 p.m. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Quam led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES City Clerk Ferber requested that the council amend the minutes of January 4, 1988 to state that Mayor Pro Tempore Garcia called the meeting to order. Council Member Kirsch requested that the minutes of January 4, 1988 be amended to reflect that the motion for Item ~~3 carried by a vote of 5-0. M/Garcia, S/Ludeman that the minutes of Januar 4 1988 be amended as stated and to approve the minutes of the Study Sess on on December 7, 1987; the regular City Council Meeting on December 28. 1987: and the reQUlar City Council Meeting on January__4,_ 1988. Motion carried 4-0. Council Meeting Minutes 2 January 11, 1988 Item #1 OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON ANY ITEM-NOT LISTED ON THE AGENDA. Gloria Venzke, 6427 16th Avenue, inquired about the procedure to repeal an existing ordinance. City Manager Prosser suggested that Mrs. Venzke contact him to discuss her concerns regarding the ordinance. Item #2 COUNCIL APPROVAL OF AGENDA City Manager Prosser requested that an additional item be added to the council agenda entitled "First Reading Consideration of an ordinance regarding the definition of "front yard" in commercial zoning districts." Mayor Quam stated that this item is related to'Item #11 and will be considered on the agenda as Item 4~11A. M/Ludeman, S/Garcia to approve the agenda as amended. Motion carried 4-0. Item #3 CONSENT CALENDAR A. APPROVED PURCHASE IN EXCESS OF $5,000 FOR UNLEADED GASOLINE. C.L. 1 B. APPROVED REQUEST FOR A FEE WAIVED LICENSE TO PERMIT THE FOURTH OF JULY COMMITTEE TO CONDUCT A COMMUNITY CELEBRATION ON JULY 4, 1988. C.L. 2 C. APPROVED A JOINT POWERS AGREEMENT WITH THE CITY OF BLOOMINGTON FOR THE PROVISION OF PUBLIC HEALTH SERVICES FOR THE PERIOD JANUARY 1, 1988 THROUGH DECEMBER 31, 1988. C.L. 3 D. APPROVED PURCHASE IN EXCESS OF $5,000 FOR PURCHASE OF NEW TRUCK WITH HIGH VELOCITY SEWER CLEANER. C.L. 4 E. APPROVED PURCHASE IN EXCESS OF $5,000 FOR FOUR WHEEL DRIVE TRACTOR FOR PARK AND SIDEWALK MAINTENANCE USE. C.L. 5 Council Meeting Minutes F. APPROVED PURCHASE IN TO BE USED FOR WATER CATCH BASINS AND OIG~ G. APPROVED PURCHASE IN VEHICLES. C.L. 7 3 January 11, 1988 EXCESS OF $5,000 FOR NEW BACKHOE MAIN AND SEWER BREAKS, REPAIRING DING OUT PONDS. C.L. 6 EXCESS OF $5,000 FOR MOTOR POOL H. APPROVED FINAL PAYMENT TO BITUMINOUS ROADWAYS FOR STREET RECONSTRUCTION, STORM SEWER AND APPURTENANT WORK C.P. 8371 $6,574.51 I. APPROVED THE FOLLOWING LICENSE RENEWALS: MOTEL - PREST MOTOR INN, 7640 CEDAR AVENUE OFF-SALE NON-INTOXICATING MALT LIQUOR: DOLL FOODS, INC. 7600 KNOX AVENUE HAUSERS IGA, 6530 PILLSBURY AVENUE PDQ FOOD STORES, 813 EAST 66TH STREET PDQ FOOD STORES, 7701 PORTLAND AVENUE TAXICAB AIRPORT AIRLINE TAXI, 55 CARS SUBURBAN TAXI CORP., 50 CARS YELLOW TAXI SERVICE, 39 CARS TOWN TAXI, 9 CARS M/Ludeman, S/Kirsch to approve the consent calendar. Motion carried 4-0. Item #4 CONSIDERATION OF AN AMENDMENT TO FINAL DEVELOPMENT FOR MARKET PLAZA TO PERMIT A VALET PARKING BUILDING. C.L. 8 City Manager Prosser reviewed Council Letter No. 8 regarding an amendment to the final development plan for the Market Plaza Development to allow the placement of valet parking building on the site. Community Development Director Wallace reviewed slides of the proposed temporary building and the proposed permanent building which would replace the temporary structure after the winter months. Council Member Ludeman asked what the purpose of the structure would be and how the valet parking would operate without impeding traffic flow in the parking lot. Betty Cornelius, Market Plaza Property Manager, stated the building would provide shelter for valet employees and explained the valet operations. Council Meeting Minutes 4 January lI, 1988 City Manager Prosser stated that the applicant had consulted with the building inspector to assure the structure would meet all building code requirements and that electrical connection would be made by underground cable. Mayor Quam stated his support for stipulating that the temporary structure be removed by May 1, 1988. City Attorney Dean stated that such a stipulation could be included in the motion along with the posting of a bond to assure it's removal. Discussion followed regarding removal of the permanent structure if use of the structure is discontinued. Council Member Kirsch suggested this be stipulated in the motion. M/Kirsch, S/Garcia to close the public hearing. Motion carried 4-0. M/Garcia, S/Kirsch to a rove an amendment to the final development plan for the Market Plaza Development at 66th S reet and Lyndale Avenue to allow the location of a temporary and permanent valet structure on the site sub.iect to the following conditions: 1) The temporary valet structure be removed by May 1, 1988 and that the applicant post a cash bond for removal of the temporary structure. 2) That the language of the cash bond provision and a provision to require the removal of the permanent valet structure if it becomes unused be according to terms of an agreement to be negotiated between city staff and the applicant. Motion carried 4-0. Item #5 PUBLIC HEARING AND SECOND READING OF AN ORDINANCE TO LIMIT PARKING OF RECREATIONAL VEHICLES ON CITY STREETS FOR A MAXIMUM OF SIX HOURS. C.L. 9 City Manager Prosser reviewed Council Letter No. 9 regarding two proposed ordinance amendments related to the parking of recreational vehicles on city streets. Public Safety Director Erskine reviewed a video tape illustrating safety issues related to the parking of recreational vehicles. Council Meeting Minutes 5 January 11, 1988 Mayor Quam asked Public Safety Director Erskine why a six hour parking limit was proposed rather than a 24 hour limit. Public Safety Director Erskine stated the six hours would be adequate for loading but eliminate overnight parking of recreational vehicles on the street. Council Member Ludeman stated that he could see the rationale for restrictions during the winter because of snow storage but could not support restrictions for all year. City~Manager Prosser stated that more complaints regarding RV parking were received in the summer and stressed the safety issues with the increased presence of children during the summer months. He stated the ordinance was an attempt to address the issue of parking and storage of RV's on the street. Mayor Quam asked if a permit system could be considered to provide some flexibility for hardship cases. City Manager Prosser stated the problem with such a provision is that if the primary concern is to protect the public safety, then to establish standards for exceptions becomes very difficult. Discussion followed regarding enforcement of existing ordinances regarding RV parking. Jahn Sieberz, 6434 Washburn Avenue, spoke in opposition to the proposed ordinances and presented a petition (Clerks File C- 291) in opposition to the proposed ordinance. The following persons appeared and spoke in opposition to the proposed ordinances: Gerald Millette Don Cederholm James Howard Patti Brune Thomas Ryan Curtis Bernstein Leonard Bellefeuille Donald Lindquist Virginia Lindquist Marion Ryan Gloria Venzke Sharon Olszewski 6406 16th Avenue 6214 5th Avenue 915 Rae Drive 7432 Second Avenue 6945 Wentworth Avenue 7414 Second Avenue 6640 4th Avenue 7121 14th Avenue 7121 14th Avenue 6945 Wentworth Avenue 6427 16th Avenue 7120 17th Ave. Council Member Garcia stated that it is apparent that RV owners have a big investment in their vehicles and that most park them on their property rather than on the street. She stated she had not received any complaints regarding RV parking and that it appears that this ordinance would be an unfair burden on RV owners. Council Meeting Minutes 6 January 11, 1988 Council Member Ludeman stated that the current ordinances were a result of much discussion and that they are sufficient to address this issue without further regulations. Mayor Quam stated that he had received many calls and discussed this issue with a group of people who do not own recreational vehicles. He stated there was a consensus that no one wanted an RV stored on the street in their neighborhood. He stated it was apparent by the comments at this public hearing that the majority of RV owners do not store them on the street. He stated that it would make sense to monitor the situation and if serious abuses occur, to review this issue again. M/Ludeman, S/Kirsch to close the public hearing. Motion carried 4-0. M/Ludeman, S/Garcia to deny second reading of an amendment to the city ordinance Section 1305, "Specific Regulations: Illegal Parkino and Stoooina." Motion carried 4-0. M/Ludeman, S/Garcia to deny second reading of an amendment to Section 1320 entitled "Parking: Outside Storage" Adding subsection 1320.6: Unlawful Parking - Recreational vehicles and equipment. Motion carried 4-0. Items #6 CONSIDERATION OF AN AMENDMENT TO CHAPTER I, SECTION 115 SUBSECTION 115.11, SUED. 4 OF THE MUNICIPAL CODE TO PERMIT AGENTS OF THE INSPECTION DIVISION TO ISSUE CITATIONS FOR CODE VIOLATIONS. FIRST READING. C.L.10 City Manager Prosser reviewed Council Letter No. 10 regarding a proposed ordinance amendment to enable employees and agents of the Inspections Division to issue citations for code violations. M/Garcia, S/Quam that this constitute the First Readin of this ordinance and that the Public Hear ng an Second Read ng of the ordinance be scheduled for the February 8. 1988 city council meeting. Motion carried 4-0. Council Meeting Minutes 7 January 11, 1988 Item #7 CONSIDERATION OF AN AMENDMENT TO CHAPTER XII, SECTION 1200.15, SUED. 8 OF THE ORDINANCE CODE RELATING TO GAMBLING TO PROHIBIT CERTAIN KINDS OF GAMES OF CHANCE. FIRST READING. C.L. 11 City Manager Prosser reviewed Council Letter No. 11 regarding a proposed ordinance amendment to prohibit certain kinds of games of chance. M/Kirsch, S/Garcia that this constitute the First Readin of this ordinance and that the Publ c Hearing and Second Read ng o the ordinance be scheduled for the February 8. 1988 city council meeting Motion carried 4-0. 1 Item #8 FIRST READING OF AN ORDINANCE RELATING TO THE DESIGNATION OF FIRE CHIEF. C.L. 12 City~Manager Prosser reviewed Council Letter No. 12 regarding a proposed ordinance amendment relating to the designation of Fire Chief. Council.Member Ludeman stated his opposition to consideration of this ordinance amendment until the council had further review of the proposed reorganization of the Public Safety Department. Mayor Quam asked if the ordinance would change the pay structure or number of employees in the Public Safety Department. City Manager Prosser stated the ordinance amendment provided for a title change only. Lawrence Wozniczka, 6744 Wentworth Avenue, expressed concern that the proposed ordinance would create more bureaucracy. MlLudeman, S/Kirsch to table amendment relating to the de~na council reviews thorou hl the Pu reoraan zation study. nsideration of an ordinance n o F re Ch a unti he c Sa etv Department Motion carried 4-0. Council Meeting Minutes 8 January 11, 1988 Item #9 FIRST READING OF AN ORDINANCE AMENDMENT TO CLARIFY COUNCIL RESPONSIBILITIES IN APPROVING ZONING MATTERS ANO TO PROVIDE A PROCESS TO REVOKE CONDITIONAL USE PERMITS. C.L. 13 City Manager Prosser reviewed Council Letter No. 13 regarding a proposed ordinance amendment to clarify council responsibilities in approving zoning matters and to provide a process to~revoke conditional use permits. Mayor Quam asked if the proposed provisions for revised conditions when existing conditions were not met could have a more cursory termination if the revised conditions are also not met. City Attorney Dean stated that the same due process rights must be accorded. M/Kirsch, S/Ludeman that this constitute the First Readin of this ordinance and that he Public Hear ng and Second Read ng of the ordinance be scheduled for the February 8, 1988 cit council meeting. Motion carried 4-0. Item #10 FIRST READING OF AN ORDINANCE AMENDMENT PERTAINING TO THE CITY SIGN REGULATIONS. C.L. 14 City Manager Prosser reviewed Council Letter No. 14 regarding a proposed ordinance amendment pertaining to the city sign regulations. Council Member Ludeman asked what the rationale was for limiting temporary signs to three occasions a year. City Manager Prosser stated that the restriction to three occasions assured that they would be used for special events and not remain for extended periods. M/Garcia, S/Quam that this constitute the First Reading of this ordinance and that the Public Hearin and Second Readin of the ordinance be scheduled for the February 8, 1988 city counci meeting. Motion carried 4-0. Council Meeting Minutes 9 January 11, 1988 Item #11 FIRST READING OF AN ORDINANCE VACATING RIGHT-OF-WAY ON 67TH STREET BETWEEN 18TH AVENUE AND CEDAR AVENUE, AND 17 FEET OF RIGHT-OF-WAY ON CEDAR AVENUE AND AUTHORIZING SALE OF THE PROPERTIES AT 6636 CEDAR AVENUE (OLD LIQUOR STORE SITE) AND THE VACATED RIGHT-OF-WAYS. C.L. 15 City Manager Prosser reviewed Council Letter No. 15 regarding a Resolution calling for a public hearing for the vacation of right-of-way on 67th Street and on Cedar Avenue, a resolution calling for a public hearing regarding the sale of the properties at `6636 Cedar Avenue, a proposed ordinance vacating right-of-way on 67th Street and on Cedar Avenue, and a proposed ordinance authorizing the sale of the properties at 6636 Cedar Avenue and the vacated right-of-ways. M/Kirsch, S/Garcia that the followin resolution be ado ted• that it be spread in the resolution book and that it be ma a part of these minutes: RESOLUTION N0. 7392 RESOLUTION RECEIVING STREET RIGHT-OF-WAY VACATION PETITION AND CALLING OF PUBLIC HEARING Motion carried 4-0. This resolution appears as Resolution No. 7392 in Resolution Book No. 56. M/Kirsch, S/Garcia that the following resolution be adopted that it be spread in the resolution book and that it be made par of these minutes: RESOLUTION N0. 7393 THE CITY OF RICHFIELD, MINNESOTA CALLING FOR A PUBLIC HEARING ON THE SALE OF CERTAIN LAND Motion carried 4-0. This resolution appears as Resolution No. 7393 in Resolution Book No. 56. M/Kirsch, S/Garcia that this constitute the First Reading of an ordinance authorizing and provid~~or the vaca on of a portion of Cedar Avenue and a portion of 67th Street and that the Public Hearin and Second Readin of the ordinance be scheduled for the January 25, 1988 city council meeting; and, that th s matter be referred to the Planning Commission for findings on consistency with the Comprehensive Plan. Mntinn carriP~ u-~_ Council Meeting Minutes 10 January 11, 1988 M/Kirsch, S/Garcia that this constitute the First Reading of an ordinance authorizing and providing for the sale, transfer or other dis osition and conve once of certain cit owned lots located in the Cit of Richfield Old Cedar Avenue Li uor Store Site and that the Public Hearin and Second Readin of the ordinance be scheduled for the January 25. 1988 city counc 1 commission ror rinsing on consistency wizn zne ~omprenensive Plan. Motion carried 4-0. Item #11A FIRST READING CONSIDERATION OF AN ORDINANCE AMENDMENT TO SECTION 520.13 SUBDIVISION 3 REGARDING THE DEFINITION OF "FRONT YARD` IN COMMERCIAL ZONING DISTRICTS. C.L. N0. 17 City Manager Prosser reviewed Council Letter No. 17 regarding a proposed ordinance amendment regarding the definition of "front yard" in commercial zoning districts. Council Member Ludeman stated his support for this amendment as it relates to the situation for developing the old Cedar Avenue Liquor Store site and asked how the amendment would relate to other sites in the city. City Manager Prosser stated that the Planning Commission will review this issue but it appears it would have a positive impact on future development in the city. A representative of Kemper & Associates reviewed a contract dispute with the proposed developer of the Cedar Avenue Liquor Store site. City Manager Prosser stated that the dispute concerned an obligation of the developer, not the city. Lawrence Wozniczka, 6744 Wentworth Avenue, stated that he felt the Planning Commission should review these issues prior to First Reading of the ordinance amendment. City Manager Prosser reviewed the purpose of first readings of ordinance amendments. M/Kirsch, S/Garcia that this constitute the First Readin of this ordinance and that the Publ c Hear ng and Second Reading o the ordinance be scheduled for the February 8, 1988 city council meeting; and, that this matter be referred to the Planning Commission for review and recommendation. Mnt i nn r_arri.eri 4-n _ lJ Council Meeting Minutes 11 January 11, 1988 Item #12 COUNCIL CONSIDERATION OF WHETHER PROPOSED BUSINESS INVOLVED THE SALE OF PAINTINGS, SILK FLOWERS, SELECTED ANTIQUES AND FRAMING OF ARTWORK AT 7312 LYNDALE AVENUE IS A PERMITTED USE IN A NEIGHBORHOOD (C-1) ZONING DISTRICT. C.L. 16 City Manager Prosser reviewed Council Letter No. 16 regarding the determination of whether a business involving the sale of paintings, silk flowers, selected antiques and framing of artwork is a permitted use in a neighborhood business (C-1) zoning district. Council Member Garcia asked if the applicant had reviewed any other sites in the city for location of this business. Sharon McKisson, 10252 Scarborough Circle, stated that they chosen this site because of the uniqueness of building on the site and had not considered other locations. Mayor Quam stated that in determing whether this qualifies as a neighborhood business it is important to know if the clients of the business are from the metropolitan area. Sharon McKisson stated she has clients throughout the metropolitan area and reviewed her involvement in the City of Bloomington promoting art. Mayor Quam asked City Attorney Dean to review the issues relating to rezoning the site to C-1. City Attorney stated the property is currently zoned residential and that the proposed use is not permitted in this district. He stated the proposed use would be permitted in a C-2 commercial zoning district but that C-2 would not be compatible zoning for this area. He stated that the council is being asked to determine whether this type of business could be considered a neighborhood business permitted in a C-1 district. He reviewed the definition of a neighborhood business and stated that the staff is of the opinion that the proposed business would not fit this definition. M/Ludeman, S/Kirsch to close the public hearing. Motion carried 4-0. Council discussion followed regarding the fact that if the property was rezoned to C-1, future uses would be permitted that would not be compatible with the neighborhood without further approval of the council. Council Meeting Minutes MlKirsch public hearin recommenaation. 12 January I1, i988 n Motion failed for lack of a second. n f Council Member Garcia stated opposition to rezoning this site because C-1 zoning would not be compatible to the neighborhood. Mayor Quam stated that he opposed the motion because it would prolong the determination. City Attorney Dean stated that another approach to this issue would be to amend the ordinance to allow this specific use in a C-1 district rather than council determination that this would be a permitted use prior to the rezoning process. Mayor Quam stated his concern regarding the implications of broadening the permitted uses and the resulting erosion of definitions of the ordinance. He stated that since it appears that there is no imminent need or motion to make the determination at this time, and that there is the possibility of further exploration of these issues by the city staff with the applicant, no action will be taken by the council at this time. Item #13 CORRESPONDENCE/LEGISLATIVE REPORT Mayor Quam stated that because of the volume of applicants for commission appointments, the alternative meeting date of January 25, 1988 at 5:30 p.m. will be necessary to conduct applicant interviews. Mayor Quam reviewed a letter from City Manager Prosser to the Chair of the 35W Light Rail Transit Corridor Committee regarding Richfield's concern for receiving information and providing public input into the process of choosing an LRT corridor through the City of Richfield. City Manager Prosser reviewed the LRT review process which is now occurring. Mayor Quam stated the city's intent to study the LRT options and conduct public hearings on this issue prior to making. any decision. Lawrence Wozniczka, b744 Wentworth Avenue, stated his concern that citizens be given an opportunity to express their views regarding the LRT issue. 1 Council Meeting Minutes 13 January 11, 1988 Mayor Quam and City Manager Prosser stated that it is the intent of the city to publicize information regarding LRT issues and provide the opportunity for citizen input through a public hearing. Item #14 COUNCIL DISCUSSION ITEMS Council Member Ludeman stated his concerns regarding the snowplowing of sidewalks and the timing of snowplowing after the December 24, 1987 snow event. Community Services Director Fondrick reviewed snowplowing efforts related to the December 24 snowfall and sidewalk snowplow equipment issues. Council Member Ludeman asked what efforts had been made to publicize the city's snow emergency ordinance. Community Services Director Fondrick stated that information is provided through Your City/Your Schools, the Sun-Current Newspaper, WCCO Radio, Cable TV, and snow emergency phone line. City Manager Prosser informed the council that there is an opportunity for municipalities to apply for limited grants for special purposes .resulting from the July 23 flood. Community Services Director Fondrick stated that the Department of Natural Resources, Division of Waters, has informed the City that grants may be available for storm sewer studies and improvements related to the July 23 storm. He stated the city _ intends to apply for a grant for the storm sewer study already authorized~by the city council. He asked that the council authorize the application for a grant. M/Ludeman, S/Kirsch to authorize city staff to apply for a grant from the Department of Natural Resources relating to the July 23 storm. Motion carried 4-0. Item #15 CLAIMS AND PAYROLLS M/Ludeman, S/Garcia that the following claims and payrolls be approved: RICHFIELD STATE BANK Checks 9503-9546; 93832-93953 $763,553.12 Council Meeting Minutes 14 FIRST MINNESOTA Check 1065 FIRST WESTERN BANK January 11, 1988 $ 50,000.00 Checks 4114-4124 $385,262.62 Checks 9654-9685; 11182-11505 Payroll $284,943.38 Motion carried 4-0. ADJOURNMENT M/Kirsch, S/Ludeman that the meeting adjourn. Motion carried 4-0. The meeting was adjourned at 9:45 p.m. Date Approved: 1/25/88 Thomas P. Ferber City Clerk u. crosser Manager ~.