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10-11-1993CITY OF RICHFIELD, MINNESOTA • REGULAR CITY COUNCIL MEETING October 11, 1993 MEMBERS PRESENT: Martin Kirsch, Mayor; Michael Sandahl; Susan Rosenberg; Russ Susag; and Don Priebe. STAFF PRESENT: •James Prosser, City Manager; Thomas Ferber, City Clerk; Byron Wallace, Community Development Director; Jack Erskine, Public Safety Director; William Fillmore, • Liquor Operations Director; Shawn Drill, Zoning Administrator; Diane Anastos, Associate Planner; and Corrine Heine, Assistant City Attorney. The meeting was called to order by Mayor Kirsch at 7:00 p.m. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Kirsch led the audience in the Pledge of Allegiance. Mayor Kirsch requested a moment of silence in memory of Mark Morrison, a City employee who died on October 1. APPROVAL OF MINUTES M/Sandahl, S/Susag to a._pArove the minutes of the Special City Council Meeting of September 27, 1993; the minutes of the Regular City Council Meeting of September 27 1993; the minutes of the Special City Council Meeting of October 4 1993; and the minutes of the City Council Study Session of October 4, 1993. Motion carried 5-0. Item #1 OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL ON ANY ITEM NOT LISTED ON THE AGENDA. Council Member Susag introduced Elsie and Roger Elliot from England who are guests in his home. Item #2 PRESENTATION OF CERTIFICATE IN RECOGNITION OF FORMER COUNCIL MEMBER KERMIT RANDALL'S SERVICE TO THE CITIZENS OF RICHFIELD Mayor Kirsch requested a moment of silence in memory of Kermit Randall. Council Meeting Minutes -2- October 11, 1993 Mayor Kirsch read and presented a certificate of recognition of former Council Member Kermit Randall's service to the citizens of Richfield to the Randall family, wife Violet, and sons Gerald and Paul. Vern Luettinger, 7045 14th Avenue, a former Council Member who served with Kermit Randall, recognized Mr. Randall's service and commitment to the community. Item #3 PRESENTATION OF PROCLAMATION DESIGNATING OCTOBER 1993 DOMESTIC VIOLENCE AWARENESS MONTH Council Member Rosenberg: read and presented a proclamation designating October 1:993 as ~mesti~c Violence Awareness Month to Sharon Meister and Karsten Beard Kimbal of the Cornerstone Advocacy Agency. ?'tee #g Px~ESENTATI©~t ~~ PR®~LAMATa®~T ~~~aG~TATaa~~ ®CT®~~~ 199? NATIONAL BREAST CANCER AWARENESS MONTH Council Member Rosenberg read a proclamation designating October 19;93 as National Breast Cancer Awareness Month in the City of Richfield. Item #5 COUNCIL APPROVAL OF AGENDA M/Susag, S/Priebe to approve the agenda. Motion carried 5-0. Item #6 CONSENT CALENDAR 6A. APPROVED PURCHASE IN EXCESS OF $5,000 FOR ROCK SALT TO BE USED IN ICE CONTROL DURING 1993/94 WINTER SEASON FROM NORTH AMERICAN SALT IN AMOUNT OF $12,830 C.L. 283 B. APPROVED ESTIMATE #3 PAYMENT FOR WATER TREATMENT PLANT MODIFICATIONS; BOR-SON CONSTRUCTION; $160,840.00 C. APPROVED ESTIMATE ##1 PAYMENT FOR ELECTRICAL MODIFICATIONS AT WATER TREATMENT PLANT; PAGE ELECTRICAL CONTRACTING, INC.; $6,650.00 Council Meeting Minutes D. APPROVED ESTIMATE #5 BUILDING AT NICOLLET $45,173.44 E. APPROVED ESTIMATE #3 IMPROVEMENT; HOFFMAN PAYMENT FOR PARK CP889; PAYMENT FOR & MCNAMARA, 3- October 11, 1993 CONSTRUCTION OF SHELTER EBERT CONSTRUCTION; NICOLLET PARK SITE CO.; 583,348.36 F. APPROVED ESTIMATE #7 PAYMENT FOR BUILDING CONSTRUCTION AT JEFFERSON PARK; C.0. FIELD COMPANY; $8,307.10 M/Priebe, S/Sandahl to a~nrove the consent calendar. Motion carried 5-0. Item #7 PUBLIC HEARING AND SECOND READING OF ORDINANCE AMENDMENT TO REZONE THE FOLLOWING MULTIPLE RESIDENCE PROPERTIES: 1) 7001 AND 7005 FIFTH AVENUE AND 7000 PORTLAND AVENUE TO SINGLE FAMILY RESIDENTIAL; 2) 6919- 21 CHICAGO AVENUE TO TWO FAMILY RESIDENTIAL; 3)-7608, 7614, 7620, 7626, 7632 AND 7638 PLEASANT AVENUE TO MULTIPLE FAMILY RESIDENTIAL; AND 4) 7701 PORTLAND AVENUE TO GENERAL COMMERCIAL AND 631 EAST 77TH STREET TO HIGH DENSITY MULTIPLE RESIDENTIAL. C.L. N0. 284 City Manager Prosser reviewed Council Letter No. 284 regarding a proposed ordinance amendment to rezone the following MR (multiple residence) properties: 1) rezone 7001 and 7005 Fifth Avenue and 7000 Portland Avenue to R (single family residential); 2) rezone 6919-21 Chicago Avenue to MR-1 (two family residential); 3) rezone 7608, 7614, 7620, 7626, 7632 and 7638 Pleasant Avenue to MR-2 (multiple family residential); and 4) rezone 7701 Portland Avenue to C-2 (general commercial) and 631 East 77th Street to MR-3 (high density multiple residential). M/Sandahl, S/Susag to close the,public hearing. Motion carried 5-0. M/Sandahl, S/Susag that this constitute Second Reading of Bill No 1993-15, amendment to Appendix I; that it be published in the official newspaper and that it be made part of these minutes. Motion carried 5-0. Council Meeting Minutes -4- October 11, 1993 Item #8 PUBLIC HEARING AND SECOND READING OF ORDINANCE AMENDMENT TO CLASSIFY PAWN OPERATIONS AND SECONDHAND GOODS OPERATIONS WHICH REQUIRE A LICENSE UNDER SECTION 1186 OF CITY CODE, CURRENCY EXCHANGES, AUCTION HOUSES AND CONSIGNMENT AUCTION HOUSES AS CONDITIONAL USES IN GENERAL COMMERCIAL AND INDUSTRIAL DISTRICTS. C.L.N0.285 City Manager Prosser reviewed Council Letter No. 285 regarding a proposed ordinance amendment to classify pawn operations and secondhand goods operations which require a license under Section 1186 of City Code, currency exchanges, auction houses and consignment auction houses as conditional uses in the C-2 (general commercial) and I (industrial) districts. Council Member Susag asked how the proposed ordinance regulates the locations of these businesses. Assistant City Attorney Heine reviewed the issues related to the previous classification which did not adequately define permitted areas and led to the moratorium study. tihc reviewed how the proposed ordinance would require a conditional use permit and provide geographic regulation. Gloria Anderson, 3701 West 104th Street, owner of Super Cash, 6417 Lyndale Avenue, requested that currency exchanges be deleted from the proposed ordinance. She reviewed the services provided by the business and indicated that public perception was not accurate in judgement of this type of business. Council Member Susag stated that existing businesses would be grandfathered and allowed to remain in their current locations. Gloria Anderson stated concern that if Super Cash desired to move the business, they would be restricted by the ordinance. She responded to questions regarding operating hours and location of similar businesses in adjacent communities. M/Sandahl, S/Priebe to close the public hearing. Motion carried 5-0. City Manager Prosser stated that currency exchanges had been added to the ordinance after First Reading as a result of concerns expressed by citizens and the fact that these businesses have similar characteristics to the others covered by the proposed ordinance. Council Member Sandahl asked if the currency exchanges could be added to the ordinance at a later date if not included at this time. Council Meeting Minutes -5- October 11, 1993 City Manager Prosser stated the ordinance could be amended in the future after proper notice and public hearing. Council Member Rosenberg suggested that the Planning Commission review the issues related to currency exchanges before the Council makes a decision to include them in the ordinance. Council Member Priebe stated that the Super Cash business appears to provide a valuable service to the community and supported Council Member Rosenberg's suggestion to have the Planning Commission review the issue. Council Member Susag observed the next Planning Commission meeting is scheduled for October 26, at which time they could review this issue. M/Susag, S/Sandahl to continue consideration of Second Reading of an ordinance amendment to classify pawn operations and secondhand moods operations which require a license under Section 1186 of City Code currency exchanges, auction houses and consignment auction houses as conditional uses in the general commercial and industrial districts to the November 8. 1993 City Council Meeting and to request review by the Planning Commission as to the inclusion of currency exchange businesses in the. ordinance. Motion carried 5-0. Item #9 PUBLIC HEARING REGARDING REQUEST FOR CONDITIONAL USE PERMIT AND OFF-STREET PARKING PERMIT TO ALLOW DAYCARE CENTER AT 6341 PENN AVENUE. C.L. N0. 286 City Manager Prosser reviewed Council Letter No. 286 regarding a request of Mother Duck Learning Center for a conditional use permit to operate a daycare center at 6341 Penn Avenue. Council Member Rosenberg asked questions about the number of children proposed in relation to the size of the building. Michelle Moin, 6813 Knox Avenue, owner of Mother Duck Learning Center, stated that the Department of Human Services would determine the maximum number of children allowed after their inspection. She stated the number is anticipated to be 30- 40 children. M/Sandahl, S/Priebe to close the public hearing. Motion carried 5-0. Council Meeting Minutes -6- October 11, 1993 M/Sandahl, S/Susag to approve the conditional use permit for the Mother--Duck Learning Center and off-street parking permit in accordance with the submitted site plan, allowing a daycare ~ent~r ~orDD__to 40 children at 6341 Penn Avenue with the follawing stipulations: 1. That a cash escrow agreement for required landscanina and parking lot striping be submitted before the permits become effective. 2. That the new paint colors comply with the PASSS Design Guidelines. 3. That the screen fence be properly maintained. Motion carried 5-0. Item #10 CONSIDERATION OF RESOLUTION OPPOSING UNFUNDED FEDERAL AND STATE MANDATES. C.L. NO. 287 City Manager Prosser reviewed Council Letter No. 287 regarding a proposed resolution opposing unfunded federal and state mandates and authorizing the Mayor to send a letter to Richfield's congressional delegation. Council Member Priebe suggested that the City compose its own letter instead of the model letter provided by the League of Minnesota Cities. City Manager Prosser indicated that this would be done. 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. $064 RESOLUTION ON UNFUNDED MANDATES Motion carried 5-0. This resolution appears as Resolution No. 8064 in Resolution Book No. 63. Item #11 CONSIDERATION OF FIRST READING OF ORDINANCE AMENDMENT TO REZONE 6438 AND 6444 FIRST AVENUE FROM SINGLE FAMILY RESIDENTIAL (R) TO GENERAL COMMERCIAL (C-2) AND CONSIDERATION OF RESOLUTION DIRECTING THE PLANNING COMMISSION TO REVIEW AND CONSIDER AN AMENDMENT TO COMPREHENSIVE PLAN WITH RESPECT TO USE OF BUFFER AREAS AND THEIR CONTROL. C.L. N0. 288 Council Meeting Minutes -7- October 11, 1993 City Manager Prosser reviewed Council Letter No. 288 regarding a proposed ordinance amendment to rezone 6438 and 6444 First Avenue from single family residential (R) to General Commercial (C-2) and a resolution directing the Planning Commission to review and consider an amendment to the Comprehensive Plan with respect to use of buffer areas and their control. Julie Swedback, 6420 First Avenue, asked questions regarding the rezoning process, the Comprehensive Plan, and permitted uses in the buffer area. Community Development Director~Wallace explained that the Comprehensive Plan gives inadequate direction for accessory use properties adjacent to C-2 principal uses. He indicated that it is recommended that the Planning Commission review the Comprehensive Plan for amendment relating to this buffer issue to include uses, zoning districts and controls necessary to protect the neighorhood. City Manager Prosser stated the intent was to narrow the scope of use of these lots to protect the neighborhood from future use changes. Assistant City Attorney Heine explained the affect of rezoning and Comprehensive Plan designations on the use of the land. Lawrence Wozniczka, 6744 Wentworth Avenue, asked who initiated this rezoning request. City Manager Prosser stated that Norwest Bank had initiated the rezoning by submittal of the required petition. Julie Swedback stated concern that the petition requirements were met mostly because of commercial property signatures and that the immediately impacted neighborhood did not support the rezoning. She stated that the petition had 50.3 of the required property owners, but she indicated one residential property owner says she regretted having signed~it. M/Susag, S/Sandahl that this constitute the First Reading of an amendment rezoning 6438 and 6444 First Avenue from R to C-2 in accordance with the proposed site plans, and set a Second Reading and public hearing for November 8, 1993; and 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. 8065 A RESOLUTION PROPOSING AND AMENDMENT TO THE RICHFIELD COMPREHENSIVE PLAN; AND REFERRING THE PROPOSED AMENDMENT TO THE RICHFIELD PLANNING COMMISSION Motion carried 5-0. This resolution appears as Resolution No. 8065 in Resolution Book No. 63. Council Meeting Minutes -8- October 11, 1993 Item #12 CONSIDERATION OF FIRST READING OF ORDINANCE AMENDMENT TO REZONE THE FOLLOWING MULTIPLE'RESIDENCE PROPERTIES: 1) 7132 BLOOMINGTON AVENUE TO SINGLE FAMILY RESIDENCE; 2) 7107 CHICAGO AVENUE AND 7106 ELLIOT AVENUE TO MULTIPLE FAMILY RESIDENTIAL; 3) WEST PORTION (PARKING LOT) OF 7000 CEDAR AVENUE TO HIGH DENSITY MULTIPLE RESIDENTIAL; AND 4) 7500 CEDAR AVENUE TO HIGH DENSITY MULTIPLE RESIDENTIAL. C.L. NO. 289 City Manager Prosser reviewed Council Letter No. 289 regarding the proposed ordinance amendment to rezone the following multiple residence (MR) properties: 1) rezone 7132 Bloomington Avenue to single family residence (R); 2) rezone 7107 Chicago Avenue and 7106 Elliot Avenue to multi-family (MR); 3) rezone west portion (parking lot) of 7000 Cedar Avenue to high density multiple residential (MR-3); and 4) rezone 7500 Cedar Avenue to high density multiple residential (MR-3). M/Sandahl, S/Priebe that this constitute the First Reading of this ordinance and that the Public Rearing and Second Reading of the ordinance be scheduled for the November 8, 1993 City Council meeting. Motion carried 5-0. Item #13 CONSIDERATION OF FIRST READING OF ORDINANCE AMENDING SECTION 416 OF CITY CODE BY ADDING SPECIFIC LANGUAGE TO ADDRESS SIGNAGE IN 77TH STREET CORRIDOR. C.L. NO. 290 City Manager Prosser reviewed Council Letter No. 290 regarding a proposed ordinance amendment to add specific language to regulate signage in the 77th Street corridor. M/Susag, S/Sandahl that this constitute the First Reading of this ordinance and that the Public Hearing and Second Reading of the ordinance be scheduled for the November 8, 1993 City Council meeting. Motion carried 5-0. Item #14 CONSIDERATION OF APPLICATION FOR BOARD AND LODGING ESTABLISHMENT LICENSE AT 6808 THIRD AVENUE. C.L.N0.291 City Manager Prosser reviewed Council Letter No. 291 regarding the application of LaVonne Seemann for a board and lodging establishment license for 6808 Third Avenue. Council Meeting Minutes -9- October 11, 1993 LaVonne Seemann, 6808 Third Avenue, reviewed the senior care concept she proposes to provide in her home and answered questions from the Council regarding the residents' care. M/Kirsch, S/Rosenberg to approve issuance of board and lodging establishment license for 6808 Third Avenue to LaVonne Seeman. Motion carried 5-0. Item #15 CONSIDERATION OF AGREEMENTS RELATED TO PROPERTY AT 7629-33 AND 7645 LYNDALE AVENUE; 77TH STREET PROJECT. C.L. NO. 292 City Manager Prosser reviewed Council Letter No. 292 regarding a proposed parking lease and a driveway easement agreement with Mr. Fred Ryan for the City owned property at 7645 Lyndale Avenue. Council Member Sandahl asked questions regarding paving all of the City owned parcel to provide increased parking for the area. City Manager Prosser stated that the remainder of the parcel was to be utilized for landscaping at this time. He discussed the area parking needs related to more capacity in the midblock area, especially on the west side of Lyndale Avenue. Council Member Priebe noted that Mr. Ryan may not want to pay the lease for additional spaces for other businesses. M/Susag, S/Sandahl to a~orove the Parking Lease Agreement and Driveway Easement Agreement with Mr Fred Rvan. owner of 7629 33 Lyndale Avenue related to the City owned property at 7645 Lyndale Avenue and to authorize the Mayor and City Manager to execute the agreements. Motion carried 5-0. Item #16 CONSIDERATION OF REQUEST TO PARTICIPATE IN PHASE II HIGH SPEED BUS PLANNING STUDY. C.L. N0. 293 City Manager Prosser reviewed Council Letter No. 293 regarding the proposed participation in Phase II of the High Speed Bus Planning Study. Council Member Susag asked about the cost to Richfield of Phase I and the funding source. Council Meeting Minutes -10- October 11, 1993 City Manager Prosser stated the City cost for Phase I was $15,000 and that the funding source for the study would be either the General Fund or from fund balance. Council Member Priebe questioned why Richfield had taken the lead in this issue and what advantages it would provide to the City. City Manager stated that the City will be impacted by spillover traffic from the freeways prior to any improvements or construction of an LRT line. He indicated the high speed bus system would provide a mass transit alternative to lessen some of the impact. He stated it would also provide increased mass transit services to City residents. Mayor Kirsch spoke in support of the high speed bus transit system because of its flexibility and timeliness in providing a mass transit option to lessen negative impacts from freeways on Richfield. Council Member Susag stated the system would provide an improved mass transit option for the many residents who work outside of Pichfield. Council Member Rosenberg stated opposition to the I-35W third lane addition and stated that she would support this mass transit proposal at this time because she opposed any additional lanes on I-35W. Lawrence Wozniczka, 6744 Wentworth Avenue, asked if a written report on Phase I of the study was available to citizens. City Manager Prosser stated the product of Phase I was the presentation materials used to develop a general framework for the high speed bus concept and to communicate the concept to other cities and agencies. M/Kirsch, S/Susag to authorize the expenditure of 57,500 for participation in Phase II of the High Speed Bus Planning Study. Motion carried 5-0. Item #17 AIRPORT STATUS REPORT City Manager Prosser reviewed the following airport related issues: • NEW FORD TOWN/RICH ACRES BUYOUT The MAC will hold an informational open house regarding the buyout for residents on October 19 at St. Kevin's School Gymnasium, 5844 28th Avenue. The City will have an Council Meeting Minutes -11- October 11, 1993 information table at the open house regarding Richfield housing options. City staff is attempting to schedule a meeting with MAC staff regarding the buyout procedures. • RUNWAY 4-22 EXTENSION EIS The redrafted EIS has not yet been completed. The City's airport consultant will be asked to review the document to assist with the City's response. • NORTH-SOUTH RUNWAY The FAA is currently preparing a capacity study of the MSP Airport. • MAC PART 150 SOUND INSULATION PROGRAM City staff is monitoring resident satisfaction with the program. • GOVERNOR'S DUAL TRACK TASK FORCE The final report has not yet been released. It was the consensus of the Council that a letter be sent to MAC Chair Dick Braun urging the scheduling of a meeting of MAC and City staff regarding the buyout procedures and also inviting Mr. Braun to meet with the City Council. Item #18 77TH STREET PROJECT STATUS REPORT City Manager Prosser reviewed the status of the following 77th Street Project issues: • Closing of the 76th Street I-35W bridge is scheduled for October 15. • A temporary bypass will be built on Lyndale Avenue at 77th Street. • The status of 77th~Street paving schedule. • The status of future construction phases and funding. Item #19 LEGISLATIVE REPORT None Council Meeting Minutes ~ -12- October 11, 1.993 Item #20 COUNCIL DISCUSSION ITEMS • At the request of Mayor Kirsch, City Manager Prosser reviewed the status of the Water Plant Renovation Project. The City Council requested a tour of the project be scheduled prior to completion of the renovation. • Council Member Susag,-stated:.he had ob~~rved a`rental property housing inspection-done by J Bertrand. He commented on the thoroughness of the a~zspection and urged sellers to schedule the poiri-of-sale inspections so they can be accomplished in a timely manner. • CoLtncil Member Susag r~ninded residents about the availfabiIity of discount tickets from Steve Lindgren at the Richfield Chamber of Commerce to the October 27 Richfield Hockey Night event. • Council Members indicated several written and telephone c©aa~a~e*~ts ?3ad been received regarding the moratorium ©~n adult uses in the City. • Council Member Susag mentioned a recent newspaper article regarding crime rates which indicated the rate in Richfield had been stable since 1990. He suggested that the Mayor consider appointing an ad hoc citizen committee to study crime rate trends and perceptions to report back to the City Council. Item #21 CLAIMS AND PAYROLLS M/Priebe, S/Sandahl that the following claims and payrolls be apAroved: RICHFIELD BANK & TRUST CO. Checks 17550-17616; 41658-41945 NORWEST BANK Check 1190 FIRSTAR BANK Checks 7677-7698 Checks 68942-68981; 71684-72007 Motion carried 5-0. $1,624,004.08 $ 12,000.00 $ 475,577.91 $ 372,433.70 i~ Council~Meeting Minutes -13- October 11, 1993 ADJOURNMENT The meeting was adjourned by unanimous oonsent at 9:15 p.m. Date Approved: 10/25/93 ~/^ ~ Thomas P. Ferber City Clerk 1 Manager