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06-26-1989CITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING June 26, 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; Hyron 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. 1 APPROVAL OF MINUTES M/Kirsch, S/Garcia to a~Drove the minutes of the regular City Council Meeting of June 12, 1989. Motion carried 5-0. Item #1 OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON ANY ITEM NOT LISTED ON THE AGENDA. Rosanna Duich, 6821 ZOth Avenue, stated concerns about property maintenance and animal control issues related to a property on 20th Avenue and urged further actions by the City to resolve these problems. Delores Minchow, 6815 20th Avenue, reviewed her concerns regarding property maintenance and animal control related to the same 20th Avenue property. She also indicated that when she called the City to complain about the dog that someone hung up on her. Council Meeting Minutes A. Lervik, 6814 21st control issues and large Avenue. Cheryl Weiberg, 6811 to complain about the dog -2- Avenue, stated Loud parties at 20th Avenue, s' on 20th Avenue June 26, 1989 concerns about animal a property on 21st tated that she had called and was hung up on. Public Safety Director Erskine summarized the City's past activities in dealing with the neighborhood problems referenced by the neighbors. He reviewed due process and judicial issues related to enforcement activities for property maintenance. He stated-that it is unacceptable behavior that the caller was hung up on and that the City would review this matter. Council Member Garcia noted that these problems in this neighborhood had been going on for some time and that the City needed to work harder to correct this situation. Item #2 CONFIGURATION PROPOSAL FOR USE OF 77TH STREET AS THE 1494 FRONTAGE ROAD IN RICHFIELD EAST OF 35W, PROVIDING FOR FOUR LANES, DIVIDED, WITH RIGHT-OF-WAY ACQUISITION TO THE NORTH OF 77TH STREET. C.L. N0. 144 City Manager Prosser reviewed Council Letter No. 144 regarding the proposal for the use of 77th Street as the I494 frontage road in Richfield east of 35W. Tony Heppelmann, BRW consultant, reviewed the 77th Street Study and the criteria used by the Ad Hoc 135W/I494 Traffic Committee to make their recommendation. Connie Murray, Chair of the Ad Hoc 135W/I494 Traffic Committee, presented to the council the recommendation of the Committee that the City Council determine the configuration of 77th Street, as an I494 frontage road east of 135W, to be a four lane divided roadway, with right of way acquisition and buffering of residential properties directed to the north of 77th Street, connecting with 24th Avenue. Tom Mitchell, representing Chi-Chi's, advocated maintaining the existing I494 accesses if possible. He spoke in support of the recommended 77th Street plan except that he preferred a center lane be provided on 77th Street to provide left turn movements into the Chi-Chi's and BEST parking lots. Don Foss, representing BEST Products, stated concern that access from 77th Street to BEST Products be provided, including access for westbound 77th Street traffic. I Council Meeting Minutes -3- June 26, 1989 Robert Cyza, 7426 Oakland Avenue, spoke in support of maintaining existing 1494 access. John Gieske, 7644 1st Avenue, spoke in support of the proposed 77th Street plan. Lawrence Wozniczka, 6744 Wentworth Avenue, stated that he felt other alternatives had not been fully explored and expressed concerns about costs, tax base, and the impact on mayor north- south arterials. Mrs. Cyza, 7426 Oakland Avenue, stated concern about the lack of access from the north to 77th Street for the residential area, concerns that Lyndale Avenue and Portland Avenue would need to be widened, and concerns that vehicles would tend to speed on the proposed 77th Street. Joe Sausen, 6320 Portland Avenue, stated that this proposed 77 Street plan dealt with the reality that I494 will be widened because of the increasing traffic volumes. He stated it will provide an opportunity to expand the tax base and to provide a buffer between residential and commercial property. Iona Hunt, 7644 10th Avenue, stressed the importance of knowing the timetable for implementing the plan so that the affected properties are not in limbo. Tom Leuma, 7645 11th Avenue, spoke in support of the plan but stated his one concern was knowing when the plan will be implemented. Gertrude Ulrich, 7601 Aldrich Avenue, spoke in support of the Ad Hoc Committee's recommendation. City Manager Prosser summarized the alternatives and advantages of the recommended alternate. City staff and Tony Heppelmann of BRW responded to the questions and issues raised by the audience. M/Garcia, S/Kirsch to aporove the concept of the use of 77th Street as the I494 frontage road in Richfield east of I35W and to accept the configuration alternative for 77th Street which provides for a four lane divided roadway with right of wav acquisition and buffering of residential properties directed to the north of 77th Street, and connecting with 24th Avenue. Motion carried 5-0. Council Meeting Minutes -4- June 26, 1989 Item #3 AUTHORIZATION FOR RICHFIELD HUMAN RIGHTS COMMISSION TO PARTICIPATE IN MARTIN LUTHER KING, JR. DAY CELEBRATION IN JANUARY, 1990. C.L. NO. 145 Gordon Anderson, Chair of the Richfield Human Rights Commission, requested authorization to participate in a Martin Luther King, Jr. Day Celebration in January, 1990 in cooperation with the cities of Bloomington, Eden Prairie, and Edina. Julie Heinz, Member of the Bloomington Human Rights Commission, described the series of potluck dinners hosted by various persons in Bloomington last year as part of the Martin Luther King Jr. celebration. Council Member Garcia inquired about how the program is funded. Julie Heinz stated that the City of Bloomington had assisted with mailings and publicity with the food being provided by the participants. M/Quam, S/Ludeman to authorize the Richfield Human Rights Commission to participate in the Martin Luther King, Jr. Day Celebration in January, 1990. Motion carried 5-0. Item #4 COUNCIL APPROVAL OF AGENDA M/Ludeman, S/Kirsch to approve the agenda. Motion carried 5-0. Item #5 CONSENT CALENDAR A. APPROVED PURCHASE IN EXCESS OF $5,000 TO REPLACE WINDOWS AT WATER PLANT. C.L. 146 B. AWARD OF CONTRACT FOR TENNIS COURT REPAIR TO TENNIS WEST LTD. FOR $37,601. C.L. 147 Council Meeting Minutes -5- June 26, 1989 C. APPROVED A RESOLUTION APPROVING GAMBLING EXEMPTION FOR SONS OF THE AMERICAN LEGION SQUADRON 435 AND WAIVER OF $100 PERMIT FEE. C.L. 148 RESOLUTION N0. 7520 RESOLUTION APPROVING LAWFUL GAMBLING EXEMPTION FOR SONS OF THE AMERICAN LEGION SQUADRON 435 This Resolution appears as Resolution No. 7520 in Resolution Book No. 57. D. REJECTED TOWING CONTRACT BIDS AND APPROVED AUTHORIZATION TO REBID. C.L. 149 E. APPROVED CHANGE ORDER FOR ASPHALT FOR VETERANS MEMORIAL PARK AND RICH ACRES GOLF COURSE. C.L. 150 F. APPROVED ESTIMATE #11 FOR ACADEMY OF THE HOLY ANGELS FIRE & LIFE SAFETY RENOVATIONS CP799, METRO BUILDING SYSTEM $4,118.10. G. APPROVED ITINERANT FOOD LICENSE AND WAIVER OF PERMIT FEE, RICHFIELD HISTORICAL SOCIETY FOR AUGUST 13, ICE CREAM SOCIAL. H. APPROVED ITINERANT FOOD LICENSE AND WAIVER OF PERMIT FEE FOR FRIENDS OF HOME, CONCESSION STAND FOR FOURTH OF JULY. M/Ludeman, S/Kirsch to approve the consent calendar. Motion carried 5-0. Mark Bonstrom and Dave Salonen, representing Mark's Towing, asked for reconsideration of the decision to reject the towing bids. City Attorney Dean stated that this request for proposals was not a statutory bid process and explained the City's right to select proposals which are in best interest of the public. City Manager Prosser reviewed Council Letter No. 149 regarding the issues recommended to be addressed in a revised request for proposals which will provide a better agreement between the City and a contractor for provision of towing services. Robert Schoenborn, Chief's Towing, reviewed his submittal of proposal's for the towing contract. The council did not reconsider their decision to reject the towing service proposals. Council Meeting Minutes -6- June 26, 1989 Item #6 REQUEST FOR CONDITIONAL USE PERMIT TO EXPAND RETAIL SALES, ADD A DETACHED ACCESSORY DRIVE-THRU CAR WASH FACILITY, AND REDUCE THE SIZE OF THE EXISTING BUILDING AT 7645 LYNDALE AVENUE. C.L. NO. 151 City Manager Prosser reviewed Council Letter No. 151 regarding a request by Total Petroleum, 7645 Lyndale Avenue, for a conditional use permit to expand retail sales and add a detached accessory drive-thru car wash facility. Walter Rockenstien, attorney for the applicant, reviewed the issues raised by the City regarding the expanded retail sales. He indicated the applicant would comply with the parking, handicap ramp, curb cut and landscape requirements. Regarding the car wash, Mr. Rockenstien stated that if Section 1125 of the ordinance code applies, then the car wash cannot be approved. He stated that the applicant does not agree that Section 1125 applies to this application. Mr. Rockenstien requested that if the City is of the opinion that .Section 1125 applies and the car wash is not allowed, then separate consideration be given to the applicants request for expanded retail sales. Council Member Sandahl stated he felt that the intent of Section 1125 was to exclude car wash facilities such as this from being adjacent to residential neighborhoods. Mr. Rockenstien stated that a similar car wash was approved at 78th Street and 12th Avenue. Ruth Larson, 7638 Harriet Avenue, spoke in opposition to allowing a car wash on the site. Thomas Latham, 7638 Garfield Avenue, spoke in opposition to allowing a car wash on the site. M/Garcia, S/Kirsch to close the public hearing. Motion carried 5-0. City Attorney Dean summarized Section 1125 of the ordinance code and stated it should be applied to this application for a car wash facility. He stated the retail facility could be considered separately. 1 Council Meeting Minutes -7- June 26, 1989 M/Garcia, S/Ludeman to ag~rove the granting of a conditional use permit to Total Petroleum, 7645 Lyndale Avenue, for expanded retail sales in the existing building subject to the following stipulations: 1. That retail operation comply with the city parking. space requirements. 2. That the handicap parking stall have a ramp or other access to the sidewalk. 3. That all curb cuts meet the 26 foot width requirement. 4. That the landscape plan be approved by City staff. and, to deny a conditional use permit for the proposed car wash facility. Motion carried 5-0. Item #7 CONSIDERATION OF APPEAL OF VARIANCE DENIAL TO CONSTRUCT A HOME COVERING 37~ OF LOT SIZE AT 6841 NEWTON AVENUE (25$ LOT SIZE ALLOWABLE) C.L. NO. 152 City Manager Prosser reviewed Council Letter No. 152 regarding consideration of appeal of the Hearing Examiner's denial of a variance to allow the construction of a house at 6841 Newton Avenue which would occupy more than the allowed 25$ of the lot. Paul Gunderson, 6720 Upton Avenue, stated that it was necessary to build a house this size to accommodate the necessary ramps and wheelchair access for the proposed homeowner. He requested approval of the variance. Jeff Holmberg stated that his parents wished to build this home to continue to live in Richfield. He stated that other homes have been built in Richfield that exceed 25$ lot coverage without a variance. City Manager Prosser indicated that errors had allowed one home with a lot coverage of 26$ and another of 28$ to be built without a variance. M/Sandahl, S/Quam to close the public hearing. Motion carried 5-0. Council Meeting Minutes -S- June 26, 1989 Council discussion followed regarding the compatibility of this size house with the neighborhood and the precedent that may be set by approving a variance to allow a 37~ lot coverage. M/Kirsch, S/Sandahl to approve the granting of a variance to allow the construction of a single family residence which will occupy more than the allowable 25$ (approximately 37~) of the lot at 6841 Newton Avenue with the following stipulations: 1. That the South property line area be cleaned up by the applicant. 2. That two 2-2 1/2 inch trees be planted as replacements for the trees that will be removed. Motion carried 3-2. (Quam, Garcia opposed) It was the consensus of the council to direct the Planning Commission review the zoning ordinance lot coverage standards. Item #8 COUNCIL CONSIDERATION OF CANCELLATION OF COUNCIL STUDY SESSION SCHEDULED FOR MONDAY, JULY 3. C.L. N0. 153 City Manager Prosser reviewed Council Letter No. 153 regarding consideration of cancellation of the regularly scheduled study session of Monday, July 3. M/Ludeman, S/Garcia to cancel the Monday. July 3. 1989 City Council Study Session. Motion carried 5-0. Item #9 COUNCIL APPOINTMENTS TO THE ADVISORY BOARD OF HEALTH, COMMUNITY SERVICES COMMISSION, HUMAN RIGHTS COMMISSION, AND SOUTH HENNEPIN SERVICES COUNCIL. C.L. NO. 154 M/Garcia, S/Sandahl to approve the following appointments: Community Services Commission: Rebecca Jaggars Term to expire January 31, 1990 Robert Lindgren Term to expire January 31, 1991 Human Rights Commission: Thomas Ulrich Term to expire January 31, 1990 Council Meeting Minutes -9- June 26, 1989 South Hennepin Human Services Commission: Maureen Scaglia Term to expire January 31, 1990 Advisory Board of Health: Lois DeGonda Term to expire January 31, 1990 Motion carried 5-0. Item #10 LEGISLATIVE REPORT None Item #11 COUNCIL DISCUSSION ITEMS Mayor Quam stated that he had surveyed the prices and services of garbage haulers and stated concern that no incentives are being offered for recycling lawn waste. He stated this issue should be monitored as it relates to Richfield's recycling ordinance. Item #12 CLAIMS AND PAYROLLS M/Ludeman, S/Quam that the following claims and payrolls be approved: RICHFIELD STATE BANK Checks 11624-11677; 104019-104313 $ 965,732.96 FIRST MINNESOTA Check 1091-1092 $ 40,000.00 FIRST WESTERN BANK Checks 5002-5025 $1,246,889.08 Checks 26086-26117; 27033-27028 Payroll $ 343,784.73 Motion carried 5-0. Council Meeting Minutes ADJOURNMENT The meeting was adjourned by unanin Date Approved: _7/10/89 ~~~~~ Thomas P. Ferber City Clerk -10- June 26, 1989 L~