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02-27-1989_ _` CITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING February 27, 1989 MEMBERS PRESENT: Steven Quam, Mayor; Edwina Garcia; Ivan Ludeman; Michael Sandahl; 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 M/Sandahl, S/Ludeman to approve the minutes of the Special Council Meeting of January 30, 1989. Motion carried 5-0. Mayor Quam proposed that the minutes of the February 13, 1989 regular City Council Meeting be amended on Page 6 to include James Prosser as the second alternate liaison to MASAC. M/Quam, S/Sandahl to approve the minutes of the regular City, Council Meetina of February 13 1989 as amended. Motion carried 5-0. M/Ludeman, S/Sandahl to approve the minutes of the Special City Council Study Session of February 6, 1989; the minutes of the Special City Council Meeting of February 7, 1989; the minutes of the Reconvened Special City Council Meeting of February 8, 1989; and the minutes of the Special Council Meeting of February 21, 1989. Motion carried 5-0. Council Meeting Minutes PROCLAMATION -2- February 27, 1989 Mayor Quam read a proclamation designating the week of March 5-12, 1989 as Volunteers of America Week in the City of Richfield. Item #1 OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON ANY ITEM NOT LISTED ON THE. AGENDA. Teddy Burk, 6414 Pillsbury Avenue, stated concerns regarding the impact of the parking problems at the Hub on the adjacent neighborhood. Pam Foster, 6325 Pillsbury Avenue, presented a petition (Clerks File No. C-305) of 172 names asking for a moratorium on development of the Hub Superblock and action to resolve the parking problems. Barbara Elliot, 6741 Harriet Avenue, asked that the public hearing regarding the Hub restaurant proposal not be scheduled for March.l3`because she had heard that Mr. Miller of Bradley and Mr. Carroll representing U.S. Swim and Fitness would be unable to attend. Item #2 COUNCIL APPROVAL OF AGENDA City Manager Prosser requested that the following additional item be added to the agenda: Resolution authorizing application and execution of Grant Project Agreement to develop open space under the provisions of the State Bonded Fund for Veterans Memorial Park of Richfield. 13A. Mayor Quam stated this would be placed on the agenda as Item M/Ludeman, S/Garcia to approve the agenda as amended. Motion carried 5-0. u 1 Council Meeting Minutes -3- February 27, 1989 Item #3 PUBLIC HEARING AND SECOND READING OF AN ORDINANCE AMENDMENT TO PERMIT A RESTAURANT DRIVE-UP SERVICE WINDOW AND ASSOCIATED FACILITIES TO BE LOCATED BETWEEN 60 AND 150 FEET FROM RESIDENTIALLY ZONED PROPERTY PROVIDED CERTAIN PERFORMANCE CRITERIA ARE MET. C.L. 43 City Manager Prosser reviewed Council Letter No. 43 regarding a proposed ordinance amendment to permit a restaurant drive-up service window and associated facilities to be located between 60 and 150 feet from residentially zoned property. He stated that the Planning Commission recommended this amendment. City Manager Prosser stated that it was the consensus of the staff development review advisory committee that the 150 foot requirement should not be reduced. He stated that as an alternative the staff has proposed an ordinance amendment which would retain the 150 foot requirement and additionally preclude order boards and any exterior loudspeakers within 150 feet of residentially zoned property. Ray Tharp, owner of 6529 Penn Avenue, reviewed his efforts to address the concerns about the drive-up window for the proposed restaurant at 6529 Penn Avenue, and the history of the property. He stated his support for the Planning Commission's proposed amendment. ° Kevin Tharp, 3728 Lyndale Avenue, presented a 15 month printout regarding Public Safety contacts at the 66th Street Burger King noting that only two contacts concerned noise. Discussion followed regarding the issues of measurement of distance from residential property, order board amplification, and automobile noise. Mayor Quam stated the Planning Commission had done a good fob of addressing some of the issues but stated concern that the problem of car idling, exhaust, and radio noise had not been adequately addressed. Council Member Sandahl stated that the council must consider the potential impact of the reduced requirement for the total community, not dust the 6529 Penn Avenue site. Council Member Kirsch stated that the existing 150 foot requirement was reasonable. M/Kirsch, S/Quam to close the public hearing. Motion carried 5-0. Council Meeting Minutes -4- February 27, 1989 M/Ludeman, S/Kirsch to approve the staff recommended alternate ordinance amendment and that this constitute Second Reading of Hill No. 1989-3, that it be published in the official newspaper and that i be made part of these minutes. Motion carried 5-0. Item #4 CONSIDERATION OF THE RENEWAL OF 1989 NEW AND USED MOTOR VEHICLE DEALER LICENSES FOR TERRY FELDMANN'S IMPORTS, 920 WEST 7$TH STREET. C.L. NO. 44 City Manager Prosser reviewed Council Letter No. 44 regarding renewal of the New and Used Motor Vehicle Dealer Licenses for Terry Feldmann's Imports, 920 West 78th Street. He stated that city staff has indicated that they have the following areas of concern: 1. Feldmannn's usage of the car wash property adjacent to their operation. 2. Feldmann's has consistently used their employee and customer parking area at 914 West 77 1/2 Street for inventory parking which violates a stipulation of their special use permit. 3. Feldmann's continues to park vehicles on the boulevard on the 494 frontage road which is a violation of City ordinance 1155.09 subdivision 6. 4. Feldmann's has parked an automobile haul-away truck with banner signs in violation of the City's ordinance 1155.09 subd. 6 and sign ordinance 416.07 (d)(7)(IV). Council Member Ludeman asked for a definition of haul-away trucks and inventory cars. Public Safety Director Erskine reviewed the statutes and issues related to the haul-away or auto transport vehicles. He stated that inventory cars are those that dealers have for sale. Council Member Ludeman stated that he supported granting some type of temporary permit to allow the applicant use of the car wash property. He stated that it was unnecessary for the City to ask Feldmann's to remove the concrete foundation of the car wash. John Kuehn, Attorney representing Terry Feldmann's Imports, reviewed the applicant's responses to the concerns of the City. Council Meeting Minutes -5- February 27, 1989 Mayor Quam stated that the City and Feldmann's are currently negotiating to resolve the issues related to the car wash site. Council Member Ludeman stated concern that the car wash site not be included in tonight's action. City Attorney Dean reviewed the C-3 Zoning regulations relating to these properties and the negotiations in progress. Discussion followed regarding the impact of structure removal on redevelopment costs and acquisition costs. City Manager Prosser stated that the Motor Vehicle Dealer License application as submitted and being considered does not apply to the car~wash site. He stated he will inform the council of the outcome of the negotiations regarding that site. M/Ludeman, S/Sandahl to close the public hearing. Motion carried 5-0. ~L _ M/Ludeman, S/Sandahl to approve the 1989 New and Used Motor Vehicle Dealer Licenses for Terry Feldmann's Imports, 920 West 78th Street with the following stipulations: - There may not be any parking of inventory cars on any roadway or street. - The customer and employee parking areas may not be used for inventory parking at any time. This could be accomplished by rearranging the parking lot so that it is in conformance with the special use permit. This must be completed within thirty days of this hearing. - The parking of automobile haul-a-ways with or without signs is a violation of the off-street parking agreement and the motor vehicle dealer's license ordinance and mush be discontinued in the future. - This dealer license covers 920 West 78th Street and 9.14 West 77 1/2 Street. Dealership use of any other property in violation of this license will be referred to the City Attorney for appropriate civil or criminal action. - The licensee will comply with all other ordinances or statutes. Motion carried 5-0. Council Meeting Minutes -6- February 27, 1989 Item #5 CONSIDERATION OF THE RENEWAL OF 1989 NEW AND USED MOTOR VEHICLE DEALER LICENSES FOR WALLY MCCARTHY OLDSMOBILE, 1900 WEST 78TH STREET. C.L. N0. 45 City Manager Prosser reviewed Council Letter No. 45 regarding renewal of the New and Used Motor Vehicle Dealer Licenses for Wally McCarthy Oldsmobile, 1900 West 78th Street. M/Sandahl, S/Kirsch to close the public hearing. Motion carried 5-0. M/Kirsch, S/Sandahl to approve the 1989 New and Used Motor Vehicle Dealer Licenses for Wally McCarthy Oldsmobile, 1900 West 78th Street, with the following stipulation: - There may not be any parking of inventory cars on any roadway or street. - The licensee will comply with all other ordinances and statutes. Motion carried 5-0. Item #6 CONSIDERATION OF THE RENEWAL OF 1989 USED MOTOR VEHICLE DEALER LICENSE FOR MORROW AUTO BODY SPECIALITY, 6445 CEDAR AVENUE. C.L. N0. 46 City Manager Prosser reviewed Council Letter No. 46 regarding renewal of the Used Motor Vehicle Dealer License for Morrow Auto Body Speciality, Inc. 6445 Cedar Avenue. Council Member Kirsch inquired about the parking of tow truck vehicles owned by Morrow on the boulevard area. City Manager Prosser reviewed enforcement procedures. M/Sandahl, S/Ludeman to close the public hearing. Motion carried 5-0. Council Meeting Minutes -7- February 27, 1989 M/Sandahl, S/Ludeman to approve the 1989 Used Motor Vehicle Dealer License for Morrow Auto Body Speciality. Inc. 6445 Cedar Avenue with the following stipulation: - There may not be any parking of inventory cars on any roadway or street. - The licensee will comply with all other ordinances and statutes. Motion carried 5-0. Item #7 CONSIDERATION OF THE RENEWAL OF 1989 NEW AND USED MOTOR VEHICLE DEALER LICENSE FOR RICHFIELD BLOOMINGTON HONDA, 400 WEST 78TH STREET. C.L. N0. 47 City Manager Prosser reviewed Council Letter No. 47 regarding renewal of the New and Used Motor Vehicle Dealer License for Richfield Bloomington Honda, 400 West 78th Street. M/Quam, S/Kirsch to close the gublic hearing. Motion carried 5-0. M/Ludeman, S/Sandahl to aQorove the 1989 New and Used Motor Vehicle Dealer License for Richfield Bloomington Honda. 400 West 78th Street , with the following stipulation: - There may not be any parking of inventory cars on any roadway or street. - The licensee will comply with all other ordinances and statutes. Motion carried 5-0. Item #8 CONSIDERATION OF THE RENEWAL OF 1989 NEW AND USED MOTOR VEHICLE DEALER LICENSES FOR WALSER IMPORTS, 2000 WEST 78TH STREET. C.L. NO. 48 City Manager Prosser reviewed Council Letter No. 48 regarding renewal of the New and Used Motor Vehicle Dealer Licenses for Walser Imports, 2000 West 78th Street. He stated that a review of the operations for the previous year by the Council Meeting Minutes -8- February 27, 1989 Public Safety and Community Development staff has indicated the following areas of concern: 1. Walser's usage of their customer and employee parking areas. Walser has consistently used their employee and customer parking areas for inventory parking. This is a violation of their special use permit. He stated rearrangement of the parking lot could be accomplished to comply with the special use permit. 2. Walser has not removed the light bases that were illegally installed. City Manager Prosser stated that the applicant could apply to amend the off-street parking permit or comply with the permit by removal of the light bases. Al Crane, Walser Imports General Manager, stated that Walser is preparing an application to amend the off-street parking permit. Council Member Ludeman stated concern about the cost to the applicant of removal of the light bases and noted that the _ current parking layout may have advantages over. the previously approved plan. Public Safety Director Erskine reviewed issues regarding the light bases, building permits, and fire lanes related to this site. M/Kirsch, S/Quam to close the public hearing. Motion carried 5-0. M/Sandahl, S/Ludeman to approve the 1989 New and Used Motor Vehicle Dealer Licenses for Walser Imports. 2000 West 78th Street with the following stipulations: - There may not be any parking of inventory cars on any roadway or street. - The customer and employee parking areas cannot be used for inventory parking at any time. This could be accomplished by rearranging their parking lot so that it is in conformance with the special use permit. This must be completed within thirty days of this hearing. - Remove the illegally installed light bases within ninety(90) days of this hearing, or obtain council approval for an amended off-street parking permit. - Licensee will comply with all other ordinances and statutes. Motion carried 5-0. C Council Meeting Minutes -9- February 27, 1989 Item #9 CONSIDERATION OF THE RENEWAL OF 1989 NEW AND USED MOTOR VEHICLE DEALER LICENSES FOR WALSER BUICK, 2100 WEST 78TH STREET. C.L. N0. 49 City Manager Prosser reviewed Council Letter No. 49 regarding the renewal of the New and Used Motor Vehicle Dealer Licenses for Walser Buick, 2100 West 78th Street. M/Garcia, S/Kirsch to close the public hearing. Motion carried 5-0. M/Kirsch, S/Ludeman to approve the 1989 New and Used Motor Vehicle Dealer Licenses for Walser Buick, 2100 West 78th Street. with the following stipulations: - There may not be any parking of inventory cars on any roadway or street. - The licensee will comply with all other ordinances and statutes. Motion carried 5-0. Item #10 REQUEST TO CONTINUE HEARING ON AN AMENDMENT TO THE PLANNED UNIT DEVELOPMENT PLAN AND A CONDITIONAL USE PERMIT FOR TWO RESTAURANTS WITH DRIVE-UP WINDOWS AT THE HUB SHOPPING CENTER, 66TH STREET AND NICOLLET AVENUE. C.L. N0. 50 City Manager Prosser reviewed Council Letter No. 50 regarding a hearing to consider an amendment to the Planned Unit Development (PUD) and a conditional use permit for two restaurants at the Hub Shopping Center. He stated that the applicant has requested that the public hearing be continued in order to allow further plan revisions. Teddy Burk, 6414 Pillsbury Avenue, urged the council to seek solutions to parking problems at the Hub prior to considering adding a restaurant there. City Manager Prosser reviewed the private property parking dispute issues and the fact that the issues are currently in litigation. He reviewed some of the things that can be done to discourage the commercial parking in the adjacent residential area. Council Meeting Minutes -10- February 27, 1989 Council Member Sandahl stated that because the issue is in litigation, the courts will ultimately rule on the dispute. Mayor Quam stated the City has tried to encourage a resolution of the problems. Barbara Elliot, 6741 Harriet Avenue, stated her concern about the inability of the City to deal with the parking problems. She stated in her review of the history of Hi7B Superblock development that it appeared that the HUB parking area should be shared with IGA, Snyders, and U.S. Swim and Fitness. Robert Levine, 1300 Mount Curve, one of the owners of U.S. Swim and Fitness, stated that the lawsuit was a last resort to resolve the parking issue. He stated that they had operated with the assumption of shared parking. Lawrence Wozniczka, 6744 Wentworth Avenue, stated that he understood that the whole area was one PUD with shared parking and that any change should receive further council consideration. City Attorney Dean reviewed the council action of 8 months ago which related to the current HUH PUD. He stated he would - review these issues and the petition presented this evening. He stated that he would provide a report on these issues prior to the March 13 meeting. Gary Crawford, 6336 Blaisdell Avenue, expressed concern about traffic, parking, and trash created by an additional restaurant. He stated that he felt stop signs were needed at the 64th Street and Pillsbury Avenue intersection. M/Ludeman, S/Sandahl to continue the public hearing on the roposed amendment to the HUB Shoppina_Center Planned Unit Development Plan and proposed conditional use permits for fast food restaurants with drive-up windows at the HUH Shopping Center. 66th Street and Nic~llet Avenue,_ to the March 13. 1989 City Council meetin Motion carried 5-D. 1 Item #11 PUBLIC HEARING AND SECOND READING OF A PROPOSED ORDINANCE WHICH WOULD RESTRICT THE ISSUANCE 'OF PERMITS IN THE PENN AVENUE 66TH STREET PLANNING AREA. C.L. 51 City Manager Prosser reviewed Council Letter No. 51 regarding a proposed interim moratorium ordinance which would restrict the issuance of building permits in the Penn Avenue Sixty-Six Street (PASSS) Planning Area. Council Meeting Minutes -11- February 27, 1989 Vern Viet, owner of 6636-44 Penn Avenue, spoke in opposition to the ordinance. He stated it will stop people from coming forward with ideas and proposals for the area. George Kosmidies, owner of 6608 Penn Avenue, spoke in opposition to the ordinance. He stated it will create more building vacancies in the area. _-_ City Attorney Dean reviewed the provisions of the proposed interim ordinance which permits certain types of improvements to be made during the time the ordinance remains in effect. M/Quam, S/Garcia to close the public hearing. Motion carried 5-0. M/Kirsch, S/Quam that this constitute Second Reading of Bill No 1989-1, that it be published in the official newspaper and that it be made part of these minutes. Motion carried 5-0. _ City Attorney Dean reviewed a proposed resolution relating to the issuance of permits and other approvals in the PASSS study area. M/Ludeman, S/Kirsch that the following resolution be . adogted; that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION N0. 7502 A RESOLUTION RELATING TO THE ISSUANCE OF PERMITS AND OTHER APPROVALS IN THE PENN AVENUE SIXTY-SIXTH STREET STUDY AREA Motion carried 5-0. This resolution appears as Resolution No. ?502 in Resolution Book No. 57. Item #12 RESOLUTION REQUESTING AN EXTENSION OF FAU FUNDING FROM THE METRO COUNCIL. C.L. NO. 52 City Manager Prosser reviewed Council Letter No. 52 regarding a resolution requesting the Metropolitan Council to extend the sunset date for FAU funding of the Penn Avenue/I494 Improvement Project. 1 Council Meeting Minutes -12- February 27, 1989 M/Kirsch, S/Sandahl that the following resolution be adopted; that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 7503 RESOLUTION REQUESTING MET COUNCIL TO EXTEND THE SUNSET DATE FOR FAU FUNDING OF THE PENN AVENUE/I-494 IMPROVEMENT PROJECT Motion carried 5-0. This resolution appears as Resolution No. 7503 in Resolution Book No. 57. Item #13 RESOLUTION APPROVING PARTICIPATION 1N THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY GRANT PROGRAM TO OBTAIN ADDITIONAL ALCOSENSORS (PORTABLE BREATH TESTERS) FOR USE BY PUBLIC SAFETY. C.L. NO. 53 City Manager Prosser reviewed Council Letter No. 53 regarding a resolution to approve participation in the Minnesota - Department of Public Safety Grant Program to obtain additional alcosensors (portable breath testers). M/Sandahl, S/Kirsch that the following resolution be adopted; that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 7504 RESOLUTION REQUESTING THE RICHFIELD POLICE DIVISION PARTICIPATE IN THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY GRANT PROGRAM TO OBTAIN ALCO-SENSORS FOR USE IN OUR DWI EFFORTS Motion carried 5-0. This resolution appears as Resolution No. 7504 in Resolution Hook No. 57. Item #13A RESOLUTION AUTHORIZING APPLICATION AND EXECUTION OF GRANT PROJECT AGREEMENT TO DEVELOP OPEN SPACE UNDER THE PROVISIONS OF THE STATE BONDED FUND FOR VETERANS MEMORIAL PARK FOR RICHFIELD. C.L. NO. 54 City Manager Prosser reviewed Council Letter No. 54 regarding application and execution of a grant project agreement to develop open space under the provisions of the State Bonded Fund for Veterans Memorial Park of Richfield. Council Meeting Minutes -13- February 27, 1989 M/Sandahl, S/Ludeman that the following resolution be adopted; that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 7505 RESOLUTION AUTHORIZING FILING OF APPLICATION AND EXECUTION OF GRANT PROJECT AGREEMENT TO, DEVELOP OPEN SPACE UNDER THE PROVISION OF THE STATE BONDED FUND Motion carried 5-0. This resolution appears as Resolution No. 7505 in Resolution Book No. 57. Item #14 CORRESPONDENCE/LEGISLATIVE REPORT Mayor Quam stated that the City of Minneapolis has requested that Richfield consider adopting a resolution similar to one , adopted by Minneapolis requesting that federal highway funds for I35W reconstruction be made as flexible as possible to -accommodate HOV lanes and other measures to encourage shared-ride activities. - -~ City Manager Prosser stated that city staff is reviewing this request for presentation to the city council. Item #15 COUNCIL DISCUSSION ITEMS City Manager Prosser announced that the State of the City Address will be shown on cable TV on March 1, 8:00 p.m. and March 5, 4:00 p.m. Item #16 CLAIMS AND PAYROLLS M/Sandahl, S/Ludeman that the following claims and payrolls be approved: RICHFIELD STATE HANK Checks 11135-11186; 102021-102194 $ 697,102.27 FIRST MINNESOTA Check 1086 $ 15,000.00 Council Meeting Minutes -14- February 27, 1989 FIRST WESTERN HANK Checks 4803-4827 $ 943,362.50 Checks 22926-22957; 23455-23798 Payroll $ 310,008.45 Motion carried 5-0. ADJOURNMENT ,s The meeting was adjourned by unanimous conse at 9:10 Date Approved: 3/13/89 St en J Quam ~2D -Thomas P. Ferber J me r sser City Clerk it Manager Mayor