04-28-1986CITY OF RICHFIELD, MINNESOTA
REGULAR COUNCIL MEETING
APRIL 28, 19$6
MEMBERS PRESENT: John .Hamilton, Mayor; Ivan Ludeman;
Michael Sandahl; Martin Kirsch; and
Edwina Garcia.
STAFF PRESENT: Steven Devich, Acting City Manager; Tom
Ferber, City Clerk; Don Fondrick,
Community Services Director; Dennis
Kraft, Community Development Director;
Tom Morgan, Public Safety Director; and
Clayton LeFevere, City Attorney.
The meeting was called to order by Mayor Hamilton at 7:01 p.m.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Hamilton led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Ludeman, S/Kirsch to approve the minutes of the special
council study session of April 14, 1986; the regular council
meeting of April 14, 1986; and the special council/MAC meeting or
April 15, 1986.
Motion carried 5-0.
Item #1 PRESENTATION TO MEMBERS OF THE RICHFIELD CHAMBER OF
COMMERCE DESIGNATING MAY 18-24, 1986 AS SMALL BUSINESS
WEEK IN THE CITY OF RICHFIELD.. C.L. 179.
Mayor Hamilton read and presented a proclamation designating
the week of May 18-24 as Sma11 Business Week in the City of
Richfield to Jan Jacobson, who accepted the proclamation on
behalf of small businesses and the Richfield Chamber of Commerce.
City Council Minutes
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April 28, 1986
Item #2 OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY. COUNCIL ON
ANY ITEM NOT LISTED ON THE COUNCIL AGENDA.
Barb Beerman,~800 West 65th Street, stated her concern
regarding the lack of dust control at the Market Plaza
construction site.
Mayor Hamilton stated that the city staff has been in
contact with the.. contractor regarding the implementation of
actions to reduce the dust problem.
Item #3 COUNCIL APPROVAL OF AGENDA
M/Kirsch, S/Garcia to approve the agenda.
Motion carried 5-0.
Item #4 CONSENT CALENDAR
A. APPROVAL OF PURCHASE IN EXCESS OF $5,000 - GOLF COURSE
TURF MOWER. C.L. 164.
B. APPROVAL OF AUTHORIZATION TO APPLY FOR LCMR GRANT FUNDS
FOR LEGION LAKE IMPROVEMENTS. C.L. 166.
C. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION
TO ADVERTISE FOR BID, 1986 ALLEY PAVING PROJECT.
C,L. 167.
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RESOLUTION N0. 7161
RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND
ORDERING ADVERTISEMENT FOR-BIDS FOR
CITY PROJECT 822 - 1986 ALLEY PAVING
D. APPROVAL TO REPLACE TWO ILLUMINATED SIGNS AT TACO
BELL, 2208 WEST 66TH STREET. C.L. 168.
City Council Minutes -3- April 28, 1986
E. APPROVAL OF PERMIT TO INSTALL TWO ILLUMINATED WALL
SIGNS AT FIRST MINNESOTA, 6445 NICOLLET AVENUE.
C.L. 169.
F. APPROVAL OF REQUEST FOR FEE WAIVED FOOD LICENSE FOR TWO
DAY SOFTBALL TOURNAMENT, TAFT PARK,. APRIL 26-27, 5-8
CLUB SOFTBALL CLUB TOURNAMENT.
G. APPROVAL OF YOUTH EMPLOYMENT REQUEST FOR FEE WAIVED
LICENSE FOR A CALLIOPE AT KING OSCARS JUNE 2, 1986,
FUND RAISER ROCKATHON.
H. APPROVAL OF WEST RICHFIELD GIRLS SOFTBALL - FEE
WAIVED LICENSE FOR CONCESSION STAND FOR SOFTBALL
SEASON.
M/Sandahl, S/Ludeman to approve the consent calendar.
Motion carried 5-0.
Item ~5 PUBLIC HEARING ON AMENDMENT TO THE HUB SHOPPING CENTER
PLANNED UNIT DEVELOPMENT PLAN TO PERMIT MARSHALL'S
STORE TO USE NORTH DOOR AS AN EMERGENCY EXIT ONLY.
C.L. 170.
Community Development Director Kraft reviewed Council Letter
No. 170 regarding an amendment to the Hub Shopping Center
Planned Unit Development Plan to permit Marshall's to use the
north customer door as an emergency exit only. He recommended
the city council maintain the stipulation that the north door
remain as a customer entrance and that Marshall's be encouraged
to implement the suggestions of the Public Safety Department to
deal with the shoplifting problem.
Bill Mahlman, District Loss Prevention Manager for
Marshall's, reviewed the problems the north entry door created
for apprehension of shoplifting suspects and the difficulty in
implementing cost effective measures to address the problem. He
stated that other Hub merchants did not object to closing the
entry and that Marshall's employees could park in the north
parking lot to free up spaces along 66th Street.
Jerry Tonlin, Marshall's Manager, stated that keeping an
employee at the register at all times was not practical because
of the low volume of customers using the door.
City Council Minutes -4- April 28, 1986
Mayor Hamilton stated that the door was not needed since
customers could enter from the north parking lot through the HUB
Arcade.
Council Member Sandahl stated he supported allowing the door
to be an emergency exit with the stipulation that if':review by
the city reveals a parking problem in the future., that Marshall's
reopen the door for customers.
Council Member Ludeman concurred with Council Member-
Sandahl's comments and also suggested the council should
stipulate that Marshall's employees park in the north lot.
M/Garcia, S/Sandahl to close the public hearing.
Motion carried 5-0.
M/Ludeman, S/Sandahl to approve an amendment to the HU8
Shopping Center Planned Unit Development Final Development Plan
to allow the north entr to the Marshall's store to be an
emergency exit only__w th he following stipulations:
1. The north entr door will be reo ened as a customer
entrance if review by the ci y determines it is
warranted due to parking needs in the HUB Shopping
Center.
2. Employees of Marshall's store be required to park in the
north parking lot of the HUB Shopping Center.
Motion carried 5-0.
Item #6 PUBLIC HEARING ON ROGERS CABLESYSTEMS APPLICATION FOR
APPROVAL OF REFINANCING PLAN., TRANSFER AND SALE OF
OWNERSHIP OF FRANCHISE, AND EXTENSION OF THE TERM OF
THE FRANCHISE. C.L. 171.
Acting City Manager Devich reviewed Council Letter No. 171
regarding Rogers Cablesystems application for approval of a
refinancing plan, transfer-and sale of ownership of the
franchise, and extension of the term of the franchise.
City Attorney LeFevere reviewed the affects of Rogers
proposal and requested that the council delay formal action on
this matter until May 12 so that the form of the draft resolution
of approval can be revised.
City Council Minutes -5- April 28, 1986
Adrian Herbst, attorney for the Southwest Cable Commission,
reviewed a report prepared by Touche Ross & Co. regarding the
Rogers application stating that it was a viable and beneficial
plan.
City Attorney LeFevere informed the council that the
corporation has offered to buy out the local limited partners;
but this has no affect on the application before the council.
Dottie Rietow, Rogers Cablesystems, reviewed the refinancing
plan and its benefits for the company.
M/Garcia, S/Sandahl to close the public hearing.
Motion carried 5-0.
M/Ludeman, S/Sandahl to schedule final action on a
resolution regarding the application of Rogers Cablesystems for
approval of a refinancing plan, transfer and sale of ownership
the franchisee, and extension of the term of the franchise for
May 12, 1986.
Motion carried 5-0.
Item ~7 APPROVAL OF BUSINESS PLAN FOR ROGERS CABLESYSTEMS.
C.L. 172.
Acting City Manager Devich reviewed Council Letter No. 172
regarding the content of the Business Plan submitted by Rogers
Cablesystems for review and approval.
M/Ludeman, S/Garcia to close the public hearing.
Motion carried 5-0.
M/Sandahl, S/Ludeman that the annual Business Plan of Rogers
Cablesystems for the__period September 1, 1985, through August 31.
1986, be accepted and approved.
Motion carried 5-0.
City Council Minutes ~ -6- April 28, 1986
Item #8 ORDINANCE AMENDMENT RELATING TO COUNCIL SALARIES.
FIRST READING. C.L. 173.
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Acting-City Manager Devich reviewed Council Letter No. 173
stating that city ordinance requires that the salaries of the
council members be reviewed annually.
Council Member Ludeman suggested that council members
salaries be adjusted the same as the percentage of adjustment
given to General Services and Management employees each year.
Council Member Sandahl stated that this would be a fair and
equitable manner to adjust the salaries.
Mayor Hamilton stated he did not support an increase for
himself because he did not become Mayor for the monetary reward.
Council Member Kirsch stated support for an annual
adjustment the same as the General Services and Management
employees to avoid going several years without an increase and
then having to pass a substantial increase to catch up.
Acting City Manager Devich stated that 4.5% increase had
been given to employees; using this percentage the Mayor's salary
would be $7,000 and the council members would be $5,434.
City Attorney LeFevere stated the council could adopt a
policy to adjust the council salaries at the same percentage as
General Services and Management employees, but would still be
required to amend the ordinance each year.
M/Sandahl, S/Garcia to establish a policy that council
salaries be adjusted annually by the same percentage as the
General_Seryices and: Management employees of the city.
Motion carried 5-0.
M/Sandahl, S/Garcia that this constitute the First Readin
of_this ordinance amendment and that the Public Hearing and
Second Reading of the ordinance amendment be scheduled for May
27_, 1986.
Motion carried 5-0.
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City Council Minutes
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April 28, 1986
Item #9 TRANSITORY ORDINANCE PROVIDING FOR CERTAIN CAPITAL
IMPROVEMENTS. FIRST READING. C.L. 174.
Acting City Manager Devich reviewed Council Letter No. 174
regarding a transitory ordinance to appropriate monies from the
Special Revenue Fund for the following capital improvements:
Nature Center Improvements
Forestry
Public Safety Communications
Parking Lots/Drives
Donaldson Park
M/Ludeman, S/Kirsch that this con
this transitory ordinance and that the
Reading of the transitorv~ordinance be
Motion carried 5-0.
$15,000
$25,000
$15,000
$15,000
itute First Readin of
ublic Hearing and_Second
cheduled for Mav 27.
Item #10 RESOLUTION APPROVING OFF-STREET PARKING PERMIT FOR
7400 CEDAR AVENUE. C.L. 165.
Community Development Director Kraft reviewed Council Letter
No. 165 recommending approval of a resolution to grant an off-
street parking permit for 7400 Cedar Avenue with the stipulation
that a revised drainage plan showing a catch basin in place of
the concrete drainage plan be submitted for approval of the City
Engineer.
M/Ludeman, S/Sandahl that the following resolution be
adopted; that it be spread in the resolution book and that it b
made part of these minutes:
RESOLUTION N0. 7162
RESOLUTION APPROVING OFF-STREET PARKING
PERMIT IN ACCORDANCE WITH APPLICATION N0. 86-2
Motion carried 5-0. This resolution appears as Resolution
No. 7162 in Resolution Book No. 54.
City Council Minutes
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April 28, 1986
Item X11 REQUEST BY SUPERAMERICA FOR COUNCIL RECONSIDERATION OF
DENIAL OF A REQUEST FOR OVERSIZED ILLUMINATED SIGNS AND
SEMI-TRAILERS AT FOUR SUPERAMERICA STATIONS. C.L. 175.
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Acting City Manager Devich reviewed Council Letter No. 175
regarding a request by SuperAmerica for reconsideration of the
denial of a request for oversized illuminated signs and semi-
trailers at the four SuperAmerica stations in the city.
Steve Archer, SuperAmerica, stated he assumed that his
request had been approved on April 14 because the council had
passed the consent calendar. He said he was not aware that the
oversized sign and the semi-trailer request was denied by this
action and, therefore, had proceeded to put the signs and
trailers at the stations.
Mayor Hamilton noted that this was the second time that
SuperAmerica had done this and that they should receive approval
prior to ordering signs or trailers. He stated he supported
allowing the signs and trailers to remain because only a few days
remain for the sale.
Council Member Garcia stated that the council should not
grant an exception and should enforce the city's ordinances by
requiring removal of the signs and trailers.
Council Member Ludeman stated he objected to the outside
merchandise placement of sale SuperAmerica was conducting and the
parking of semi-trailers at the store.
Council Member Kirsch stated that the signs and trailers
detracted from the desired image of the L/H/N area.
M/Garcia, S/Ludeman that SuperAmerica remove the oversized
temporary ground signs and the parked semi-trailers from the four
SuperAmerica. station in the city by April 29~. 1986.
Motion carried 3-2. (Hamilton, Sandahl opposed).
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City Council Minutes
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April 28, 1986
Item #12 COUNCIL AUTHORIZATION OF A CONTRACT TO DEMOLISH THE
CITY OWNED SERVICE STATION AT 1825 EAST 66TH STREET.
C.L. 176.
Acting City Manager Devich reviewed Council Letter No. 176
recommending that the city council authorize execution of a
contract with Kamish & Sons, Inc. in the amount of $11,500 for
the demolition of the service station at 1825 East 66th Street.
M/Sandahl, S/Garcia that the Mayor and Acting City Manager
are authorized to execute a contract with Kamish & Sons Inc. in
the amount of 11,500 for the demolition of the city owned
service station at 1825 East 66th Street.
Motion carried 5-0.
Item #13 COUNCIL CONSIDERATION OF THE ADOPTION OF A NO SMOKING
POLICY FOR THE ICE ARENA FACILITY. C.L. 177.
Community Services Director Fondrick reviewed Council Letter
No. 177 recommending the adoption of a No Smoking policy for the
ice arena facility.
M/Kirsch, S/Ludeman that the entire Richfield Ice Arena be
designated as a "No Smoking" area.
Motion carried 5-0.
Item #14 COUNCIL AUTHORIZATION TO PURCHASE THE PROPERTIES AT
6329 AND 6339 PORTLAND AVENUE FOR PARK PURPOSES.
C.L. 178.
Acting City Manager Devich reviewed Council Letter No. 178
recommending that the city council authorize the purchase of the
property at 6329 Portland Avenue for $78,000 and the property at
6339 Portland for $85,200 for park purposes.
City Council Minutes -10- April 28, 1986
M/Ludeman, S/Garcia that the following resolution be
adopted; that it be spread in the resolution book and that it be
made part of these minutes:
RESOLUTION N0. 7163
RESOLUTION AUTHORIZING THE PURCHASE OF THE
PROPERTIES AT 6329 AND 6339 PORTLAND AVENUE
FOR PARK PURPOSES
Motion carried 5-0. This resolution appears as Resolution
No. 7163 in Resolution Book No. 54.
Item #15 COUNCIL DISCUSSION ITEMS
Council Member Ludeman requested an update regarding the
traffic signal installation at 69th Street and Penn Avenue; the
66th Street/Penn Avenue Reconstruction Project; street repairs on
the east side; and solicitation of members for the I/L/N
Residential Committee.
15A. 69TH STREET AND PENN AVENUE TRAFFIC SIGNAL
Community Services Director Fondrick stated that a back
order of equipment and damage to a signal base by a snowplow have
resulted in a significant delay in completion of the signal. He
said that Hennepin County has indicated the problems are being
resolved and the signal should be operating in the near future.
158. 66TH STREET/PENN AVENUE RECONSTRUCTION
Community Services Director Fondrick stated that federal
approval of the 66th Street/Penn Avenue plans was still pending
and that it may not be possible to start construction until 1987
if the approval is no issued soon. He said that those in the
affected area have been informed of this possibility and will be
notified as soon as a firm construction date is established. He
also stated that Hennepin County will make temporary repairs to
the pavement surface if construction is delayed until 1987.
15C. PAVEMENT REPAIRS - EAST RICHFIELD
Community Services Director Fondrick stated that the area
had been surveyed-and several types of surface and crack repair
procedures will be used this summer to address the pavement
problems.
City Council Minutes
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15D. I/L/N RESIDENTIAL COMMITTEE
April 28, 1986
Acting City Manager Devich stated that in addition to the
letter sent to the I/L/N and surrounding area, an article will
appear in the Sun Newspaper soliciting members for the committee
stressing it will address the whole I/L/N redevelopment, not dust
the Clover Leaf site.
15E. NO PARKING ENFORCEMENT
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Mayor Hamilton reviewed the enforcement of no parking
regulations regarding delivery type vehicles.
Stephen McKeown, 7104 Portland Avenue, summarized his
contact with the Public Safety Department regarding the parking
of a Chem Lawn truck and an Evergreen truck in no parking zones
on Portland Avenue. He urged stricter enforcement of the no
parking regulations against the lawn service chemical trucks.
City Attorney LeFevere stated that law officers have a wide
discretion in enforcement and are knowledgeable of what is
generally upheld in the courts.
Council Member Ludeman stated that these trucks should make
every effort to park in driveways or adjacent streets.
Mayor Hamilton suggested that the city contact the lawn
services companies regarding this problem.
15F. PLANNING COMMISSION NEIGHBORHOOD MEETINGS
Council Member Kirsch commended the Planning Commission for
conducting land use neighborhood meetings, noting that 161
citizens attended the first meeting.
Item #16 CLAIMS AND PAYROLLS
M/Ludeman, S/Garcia that the following claims and payrolls
be approved:
RICHFIELD BANK AND TRUST
Checks 7068/7108, 82510/82706 General $ 752,695.95
City Council Minutes
FIRST WESTERN BANK
Checks 2948/2975
Checks 9912/10288
MINNESOTA FEDERAL
Motion carried 5-0.
ADJOURNMENT
General $3,066,557.65
Payroll $ 264,916.15
$ 25,000.00
M/Ludeman, S/Garcia that the r~eetin_ adjourn.
Motion carried 5-0.
The meeting was adjourned at 8:55 p.m.
c~
Date Approved • 5/12/86
Thomas P. Ferber
City Clerk
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~'o h n Item i ' ~ n ~,
~e~ ern L : ~B-ev-i'c h
Acting City Manager
yor
-12- April 28, 1986