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04-24-1989MEMBERS PRESENT: MEMBERS ABSENT: CITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING April 24, 1989 Steven Quam, Mayor; Edwina Garcia; Ivan Ludeman; and Martin Kirsch. Michael Sandahl; 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/Kirsch, S/Garcia to approve the minutes of the Studx Session of April $., 1989; and the minutes of the reuular City _ Council Meeting of April 10, 1989_. Motion carried 4-0. Item #1 COUNCIL CONFIRMATION OF PROVISION OF CORPORATE LEGAL SERVICES. C.L. NO. 102 City Manager Prosser reviewed Council Letter No. 102 recommending that the city council approve the appointment of the firm of Holmes and Graven as City Attorney with John B. Dean as the principal attorney. i I~ Council Meeting Minutes -2- Aprii 24, 1989 M/Kirsch, S/Ludeman that the firm of Holmes and Graven be retained for general corporate representation of the City of Richfield with John B. Dean as principal attorney effective April 24, 1989. Motion carried 4-0. Item #2 PRESENTATION OF PROCLAMATION SUPPORTING DISABILITY AWARENESS WEEK IN RICHFIELD TO MARK ERSPAMER, CHAIR RICHFIELD HUMAN SERVICES COMMISSION. C.L. NO. 91 Mayor Quam read and presented a proclamation declaring April 24-30, 1989 as Disability Awareness Week in Richfield to Mark Erspamer, Chair of the Human Services Commission. Item #3 PRESENTATION OF PROCLAMATION DESIGNATING APRIL 28 AS ARBOR DAY, AND THE MONTH OF MAY AS ARBOR MONTH IN 1989. C. L. NO. 92 Mayor Quam read and presented a proclamation designating April 28, 1989 as Arbor Day and May 1989 as Arbor Month in the City of Richfield to Don Fondrick, Community Services Director. Item #4 PRESENTATION BY A MEMBER OF THE HOARD OF DIRECTORS, SOUTH HENNEPIN HUMAN SERVICES COUNCIL. C.L. NO. 93 Tim Culver, Chair of the South Hennepin Human Services Council (SHHSC), reviewed the SHHSC 1988 Annual Report and summarized SHHSC programs and policies. Item #5 OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON ANY ITEM NOT LISTED ON THE AGENDA. Winthrop Zocher, 6221 11th Avenue, stated dissatisfaction with the towing services and charges of Morrow's. He asked the city council to consider seeking bids from other companies for towing services. 1 Council Meeting Minutes -3- April 24, 1989 City Manager Prosser stated that a towing company must be able to provide 24 hour, 7 day a week service and a secure impound location within close proximity to the City. He stated that if there are other companies who meet these requirements, the City would review their proposals. Floyd Sandell, 6737 3rd Avenue, stated that the contractor had provided inadequate topsoil under the replacement sod after the storm sewer construction on the 3rd Avenue boulevard between Norby Pond and 65th Street. He asked that the City take action to repair and restore the boulevard areas. City Manager Prosser stated that the Community Services Department would review samples of the topsoil and meet with Mr. Sandell. Robert Veronikas, 6521 3rd Avenue, stated concerns about the sod on 3rd Avenue and the incomplete removal of a tree stump on his boulevard. City Manager Prosser indicated that the Community Services Department would review this situation also. Item #6 COUNCIL APPROVAL OF AGENDA , M/Garcia, S/Ludeman to approve the agenda. Motion carried 4-0. Item #7 CONSENT CALENDAR ' A. APPROVED THE PURCHASE OF MOWING EQUIPMENT TO BE ATTACHED TO SIDEWALK PLOWS IN THE AMOUNT OF $22,316. C.L. N0. 94 B. APPROVED THE PURCHASE OF A RUBBER TIRED WHEEL LOADER IN THE AMOUNT OF $126,619. C.L. NO. 95 C. APPROVED ESTIMATE N0. 2 CLEANING AND PAINTING AT WATER PLANT, H & H WATERTOWER, INC. $20,000 D. APPROVED FEE WAIVED LICENSE FOR USE OF A CALLIOPE AT KING OSCAR'S RESTAURANT MAY 22, 1989 FOR HOME SERVICE ROCK-A-THON FUND RAISER. Council Meeting Minutes -4- April 24, 1989 E. APPROVED RENEWAL OF LICENSE FOR YELLOW TAXI SERVICE, 16 VEHICLES. F. APPROVED FEE WAIVED ITINERANT FOOD LICENSE FOR LAKE SHORE DRIVE COMMUNITY ROOM FOR SPRING LUNCHEON. G. APPROVED RENEWAL OF PIGEON LICENSE FOR GERALD VERNON, 6837 RUSSELL AVENUE. H. APPROVED RENEWAL OF FEE WAIVED ITINERANT FOOD LICENSE FOR RICHFIELD GIRLS SOFTBALL, 75TH AND LOGAN AVENUE. I. APPROVED RENEWAL OF AMUSEMENT DEVICE LICENSES FOR DAIRY QUEEN BRAZIER, 7533 LYNDALE AVENUE. M/Ludeman, S/Garcia to approve the consent calendar. Motion carried 4-O. Item #8 CONSIDERATION OF A REQUEST FOR A CONDITIONAL USE PERMIT FOR EXPANDED RETAIL SALES/DRIVE THRU CAR WASH, TOTAL PETROLEUM 7645 LYNDALE AVENUE. C.L. N0..96 City Manager Prosser reviewed Council Letter No. 96 regarding a request by Total Petroleum, 7645 Lyndale Avenue, for a conditional use permit to allow expanded retail sales (food and beverage coolers, reach in freezer units, snack and beverage center); a new detached accessory drive-thru car wash facility on the northern portion of the property; and a reduction in the size of the existing building from approximately 2,088 square feet to 1,176 square feet. He stated that the applicant has requested that the hearing be continued to the May 8, 1989 City Council Meeting. M/Ludeman, S/Kirsch to continue the public hearing on the conditional use permit for Total Petroleum, 7645 Lyndale Avenue to the May 8. 1989 City Council Meeting. Motion carried 4-0. 1 J LI Council. Meeting Minutes -5- April 24, 1989 Item #9 CONSIDERATION OF A REQUEST FOR A CONDITIONAL USE PERMIT TO OPERATE ENTERPRISE LEASING, 616 EAST 78TH STREET. C.L. NO. 97 City Manager Prosser reviewed Council Letter No. 97 regarding a request by Enterprise Leasing Co. for a conditional use permit to allow the operation of a rent-a-car business at 616 East 78th Street. Patricia Kleinman, Vice President/General Manager of Enterprise Leasing Company, reviewed the company's operation. She stated that she felt the design as presented was the best layout for the site. She stated moving the trash area to the north side of the building would not be acceptable and that moving the accessory building 5 feet to the east would result in the loss of landscaping. City Manager Prosser stated that the city zoning ordinance requires accessory buildings be at least 5 feet from the principal building, and that the trash enclosure as designed is considered to part of the building. David Wanberg, architect for the applicant, reviewed the site design and stated he felt that the trash enclosure met the intent of the ordinance. motion. After discussion, the applicant indicated that it was preferable to move the accessory structure 5 feet to the east rather than to move the trash enclosure. Council Member Ludeman suggested that the fact that moving the accessory building will necessitate some reduction in landscaping be stated in the M/Quam, S/Kirsch to close the public hearing. Motion carried 4-0. Council Meeting Minutes -6- April 24, 1989 M/Ludeman, S/Quam to approve a conditional use permit for the operation of the Enterprise Leasing Company rent-a-car business at 616 East 78th Street with the following stipulations: 1. That the proposed facility and the car prep structure meet city building and safety code requirements. 2. That the prep area structure must be moved eastward 5 feet. The city zoning ordinance requires accessory buildings be at least 5 feet from the principal building, and the trash enclosure as designed is considered to be a part of the principal building. This will make it necessary to reduce the landscape area on the east side immediately adjacent to the prep area structure. Motion carried 4-0. Item #10 REQUEST TO CONTINUE PUBLIC HEARING FOR A PRELIMINARY PLAT, COMMON ELEMENT SUBDIVISION OF THE PROPERTY AT 7312 LYNDALE AVENUE. C.L. NO. 98 City Manager Prosser reviewed Council Letter No. 98 recommending that the public hearing regarding a preliminary plat common element subdivision of the property at 7312 Lyndale Avenue be continued and considered at the same time as the second reading for rezoning the property. M/Ludeman, S/Kirsch to continue the review for the preliminary plat common element subdivision of the property at 7312 Lyndale Avenue to a future date. Motion carried 4-0. Item #11 FIRST READING OF AN ORDINANCE TO REZONE THE PROPERTY AT 7312 LYNDALE AVENUE FROM 'R' SINGLE FAMILY RESIDENCE DISTRICT TO 'MR-2' MULTIPLE RESIDENCE DISTRICT TO CONSTRUCT SIX TOWNHOMES. C.L. NO. 99 City Manager Prosser reviewed Council Letter No. 99 regarding first reading of a proposed ordinance to rezone the property at 7312 Lyndale Avenue from "R" single family residence to "MR-2" multiple family district to allow the construction of six townhomes in two buildings on the site. Council Meeting Minutes -7- April 24, 1989 Mayor Quam asked what the impact of First Reading was regarding this rezoning issue. City Attorney Dean stated that first reading served the purpose of reviewing the proposed ordinance and scheduling the public hearing on it. He stated first reading required a simple majority vote; second reading for a rezoning ordinance requires a 4/5 vote of the council. He stated that if the council does not feel it is likely to support the rezoning, it may wish to deny the issue on first reading. Council Member Ludeman asked if after the MR-2 zoning was approved if the developer could change the project. City Attorney Dean explained that it would be possible for another project permitted by MR-2 zoning to be constructed if the original proposal is not built or is replaced. Council Member Garcia asked if the city could control the development by covenant. City Attorney Dean stated that the enforceability of such covenants if questionable. Mayor Quam asked if the property could be developed using a Planned Unit Development (PUD) plan. City Attorney stated that the parcel could qualify as a PUD which could give the city more control over what type of development occurs. City Manager Prosser reviewed the calculations and qualifications for the area to be proposed as a PUD. He stated the Planning Commission would have to review any PUD proposal prior to the city council acting upon it. Mayor Quam stated reservations about the orientation of the buildings on the site and parking. Council Member Kirsch noted that some residents signed both petitions for and against the rezoning. City Attorney Dean stated that the petitions were advisory in nature and had no legal bearing on the case. Council Member Garcia stated it was not economically feasible to develop single family homes on the site. She stated that if some of the problems of the proposal could be addressed through the PUD process, perhaps a viable project could take place which would improve the area and provide needed housing. Council Meeting Minutes -8- April 24 ,1989 Council Member Ludeman stated that the number of units proposed was not consistent in the documents presented. He stated three story housing does not fulfill the senior housing needs. Discussion followed regarding the PUD process. M/Quam, SJKirsch to refer this issue back to City staff to investigate PUD options with the applicant. City Manager Prosser suggested that the council take action on the first reading of the proposed rezoning ordinance and then they could direct staff to explore the PUD options if the applicant initiates the PUD process. Mayor Quam withdrew the motion and Council Member Kirsch withdrew the second. M/Quam, S/Kirsch to deny first reading of an amendment to Section 545.11 of the zoning ordinance to rezone the property at 7312 Lyndale Avenue from 'R' single residence to 'MR-2' multiple family residence district. Motion carried 4-0. City Attorney stated that the city council denied the rezoning for the same reasons it had denied rezoning the property on August 8, 1988. Mayor Quam suggested that the applicant consider application for a PUD. Item #12 FIRST READING CONSIDERATION OF AN ORDINANCE AMENDMENT WHICH WOULD PROHIBIT THE PARKING OF VEHICLES WITHIN 30 FEET OF AN INTERSECTION WITHOUT CROSSWALKS. C.L. N0.100 City Manager Prosser reviewed Council Letter No. 100 regarding a proposed ordinance amendment which would prohibit the parking of vehicles within 30 feet of an intersection without crosswalks. Discussion followed regarding the consistency of this proposal and the current prohibition of parking within 20 feet of a crosswalk at an intersection. Council Meeting Minutes -9- April 24, 1989 M/Kirsch, S/Ludeman that this constitute the First Reading of this ordinance and that the Public Hearing and Second Reading of the ordinance be scheduled for the May 22, 1989 city council meeting. Motion carried 4-0. Item#13 CONSIDERATION OF A REQUEST TO APPROVE AN OFF-STREET PARKING PERMIT FOR HOPE PRESBYTERIAN CHURCH. C.L.NO.101 City Manager Prosser reviewed Council Letter No. 101 regarding the application of Hope Presbyterian Church for an off- street parking permit at 7132 Portland Avenue South. Lou Mikunda, Chairperson of the Hope Presbyterian Church Building Committee, reviewed the activities of the Church and it's long range plans for the site. Robert Rietow, architect for the project, reviewed the master site plan. He stated phase I proposed improvements do not include areas where existing conditions will remain unchanged. Therefore, he stated that they feel it is unnecessary to install certain curbing, fencing and landscaping until phase II of the improvements. He stated that the issues raised by staff can be resolved and that further delay could hamper the construction timetable. City Manager Prosser reviewed the issues discussed at a April 21 meeting with Hope Presbyterian Church representatives and city staff. Charles Matthew, 7225 4th Avenue, spoke in opposition to the new driveway to be constructed to 4th Avenue citing traffic, safety, privacy, and maintenance issues. Joseph Benda, 7220 4th Avenue, stated concerns about traffic on 4th Avenue and maintenance of the building. Craig and Judy Molm, 7214 4th Avenue, spoke in opposition to the new driveway to 4th Avenue because of safety and traffic concerns. Mr. Mikunda stated that the master plan for the site would reduce traffic on 4th Avenue because of an exit to Portland Avenue and noted that two existing curb cuts to 4th Avenue will be closed. 0 Council Meeting Minutes -10- April 24, 1989 Robert Dixon, pastor of Hope Presbyterian Church, stated some maintenance of the building had been deferred until the construction of the addition but that the Church wished to be a good neighbor and address the concerns of the neighborhood. Dale Miller, 7115 4th Avenue, stated that the neighborhood was not well informed about the Church's expansion. Mr. Mikunda indicated that the church had invited the neighborhood to an informational meeting regarding their plans to which only one person attended. Council Member Ludeman asked if the Fire Division required the south 4th Avenue driveway. City Manager Prosser indicated that access to all sides of the building is desirable. Mayor Quam indicated that it appeared the issues of perimeter curbing and screening had not been fully resolved between the applicant and city staff. City Manager Prosser stated that it would be preferable to work out agreement on all the issues and to come back to the council for approval. Mr. Mikunda stated that it was important for construction to begin soon. He stated economic factors dictated that the project be done in phases. He stated that the existing fence was adequate and that additional screening on the southeast could be provided. Council Member Garcia stated that the City Council sought a workable solution while maintaining standards. Council Member Ludeman stated that the perimeter curbing and additional screening for the northwest corner was not necessary as part of the phase I improvements but that additional landscaping should be provided on the southwest corner. He stated that the city should not ask the church to address the overflow parking issue by suggesting any changes in church programming. M/Ludeman, S/Kirsch to approve the granting of an offstreet parking permit for Hope Presbyterian Church at 7132 Portland Avenue South, with the following stipulations: 1. Full perimeter curbing be installed adjacent to public right of ways, to adjacent properties, except for the northwest corner, northside of the northwest parking lot, and southside of the property adjacent to Portland Avenue as it exists today. 1 1 Council Meeting Minutes -11- April 24, 1989 2. Lighting reviewed with staff and meet illumination requirements with no glaring on adjoining residences. Signage be modified to reflect new changes in circulation. 3. A designated area be specified for church bus parking on the applicant's property, and approved by staff. 4. Curb cuts be closed which are no longer in use along the northwest corner parking lot. 5. A catch basins and associated drainage plan be proposed and approved by the City Engineer. 6. To install screening sufficient to buffer adjacent residents, particularly from headlight glare, per staff approval, including additional screening to be provided on the south side of the school adjacent to the single family residence but not including the additional screening in the Northwest area or southeast area which will remain as it exists. Council Member Garcia asked if the parking is adequate. 1 Community Development Director Wallace stated that the parking requirement is met, however, as a practical matter there is a shortage at certain times on Sundays. City Manager Prosser indicated that the City had suggested that the Church initiate and propose solutions to this problem. Discussion followed regarding the church encouraging and educating its members to utilize off-street parking. Council Member Ludeman stated that the Church should address the overflow parking issue. Mayor Quam expressed reservations that not all of the issues had been satisfactorily resolved especially the screening in the _ northwest corner. Discussion followed regarding existing conditions and the impact of requiring the landscaping and with curbing or without curbing in the northwest corner. Hill Parks, Hope Presbyterian Church member, stated the Church had diligently negotiated these issues with the City. Mayor Quam called for a vote on the question. Motion failed 2-2. (Quam, Garcia opposed) Council Meeting Minutes -12- April 24, 1989 M/Ludeman, S/Quam to approve the gran ing of an offstreet parking Dermit for Hope Presbyterian Church at 7132 Portland Avenue South, with the following stipulations: 1. Full perimeter curbing be installed adjacent to public right of ways, to adjacent properties, except for the northwest corner, northside of the northwest parking lot, and southside of the property adjacent to Portland Avenue as it exists today. 2. Lighting reviewed with staff and meet illwanination requirements with no glaring on adjoining residences. Signage be modified to reflect new changes in circulation. 3. A designated area be specified for church bus parking on the applicant's property, and approved by staff. 4. Curb cuts be closed which are no longer in use along the northwest corner parking lot. 5. A catch basins and associated drainage plan be proposed and approved by the City Engineer. 6. To install screening sufficient to buffer adjacent residents, particularly from headlight glare, per staff approval, including additional screening to be provided on the south side of the school adjacent to the single family residence and including additional screening in the Northwest corner. Motion carried 4-0. Item #14 LEGISLATIVE REPORT City Manager Prosser reviewed pending tax and airport legislative issues. Item #15 COUNCIL DISCUSSION ITEMS Mayor Quam indicated he had been appointed as one of 3 Minnesota Representatives on the Mountain/Plains Transportation Consortium and as such has been asked to go to Denver on May 2-3 to speak regarding transportation research grants. Council Member Ludeman asked if criminal activities are listed with the status and information reports on Chi-Chi's and Champp's. Public Safety Director Erskine stated that the reports did include criminal activities. Council Meeting Minutes -13- April 24, 1989 ~~~ ~~~ Item #16 CLAIMS AND PAYROLLS M/Ludeman, S/Garcia that the following claims and payrolls be approved: RICHFIELD STATE BANK ' Checks 11357-11410; 102949-103140 S 631,882.34 FIRST MINNESOTA Check 1088 S 15,000.00 FIRST WESTERN HANK Checks 4894-4922 ~ $1,142,606.31 Checks 24863-24886; 24892-25218 Payroll $ 305,928.96 Motion carried 4-0. ADJOURNMENT The meeting was adjourned by unanimous Date Approved: t 10:2~jp. 5/8/89 Mayor Thomas P. Ferber City Clerk v ~ _v J e D. Prosser C t Manager