07-28-1986.~
CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
July 28, 1986
MEMBERS PRESENT: John Hamilton, Mayor; Michael Sandahl; Martin
Kirsch; and Edwina Garcia.
STAFF PRESENT: Steven Devich, Acting City Manager; Thomas P.
Ferber, City Clerk; Donald Fondrick,
Community Services Director; Thomas Morgan,
Public Safety Director; Rick Jopke, City
Planner; and Clayton LeFevere, City Attorney.
The meeting was called to order by Mayor Hamilton at 7:02 p.m.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Hamilton led the audience in the Pledge of Allegiance.
i
APPROVAL OF MINUTES
M/Sandahl, S/Kirsch to approve the minutes of the regular
city council meeting of Jul 14, 1986 and the special city
council study session of July 14, 1986.
Motion carried 4-0.
Item ~1 OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON
ANY ITEM NOT LISTED ON THE AGENDA.
No one wished to address the council.
Item #2~ COUNCIL APPROVAL OF AGENDA
`,.,
M/Sandahl, S/Garcia to approve the agenda.
Motion carried 4-0.
Council Minutes
Item ~3 CONSENT CALENDAR
-2-
A. APPROVAL OF MINUTES, TABULATIONS OF
CONTRACT FOR 1986 SIDEWALK AND CURB
C.L. 278.
B. APPROVAL OF MINUTES, TABULATIONS OF
CONTRACT FOR JOINT CLEANING AND REST
STREET, 12TH AVENUE TO CEDAR AVENUE
July 28, 1986
BIDS AND AWARD OF
& GUTTER REPAIR.
BIDS AND AWARD OF
3ALING OF 76TH
C.L. 279.
C. APPROVAL OF AWARD OF CONTRACT FOR FURNISHING AND
PLANTING APPROXIMATELY 60 BOULEVARD TREES. C.L. 280.
D. APPROVAL OF AUTHORIZATION TO EXPEND CP 705 FUNDS FOR
PUBLIC IMPROVEMENTS ON 66TH STREET. C.L. 2.81.
RESOLUTION NO. 7182
RESOLUTION AUTHORIZING CP705 FUNDS
FOR PUBLIC IMPROVEMENTS ON 6.6TH STREET
E. APPROVAL OF PURCHASE IN EXCESS OF $5,000 - REPAIR
OF DECORATIVE CONCRETE IN L/H/N AREA. C.L. 282.
F. APPROVAL OF ESTIMATE NO. 1, BRADLEY & DAVID
FREDRICKSO~ FOR REMOVAL AND DISPOSAL OF LIME SLUDGE
AT WATER PLANT - $21,090.00.
G. APPROVAL OF FINAL PAYMENT TO BITUMINOUS ROADWAYS FOR
LONGFELLOW AVENUE FRONTAGE ROAD RECONSTRUCTION -
$1,365.63.
H. APPROVAL OF RENEWAL OF A KENNEL LICENSE FOR GARNETTE
WHITE KELBER, 6314 14TH AVENUE SOUTH, FOR NINE CATS.
I. APPROVAL OF RENEWAL OF A KENNEL LICENSE FOR ESTHER I.
LYDDEN, 6733 10TH AVENUE SOUTH, FOR THREE DOGS.
J. APPROVAL OF APPLICATION FOR ITINERANT FOOD LICENSE -
FEE WAIVED - RICHFIELD HISTORICAL SOCIETY (ANNUAL ICE
CREAM SOCIAL).
K. APPROVAL OF RENEWAL - GENERAL AMUSEMENT DEVICE LICENSE,
CHUCK E. CHEESE'S PIZZA TIME THEATRE, 2900 WEST
66TH STREET.
L. APPROVAL OF RENEWAL - GENERAL AMUSEMENT DEVICE LICENSE,
SANDY'S TAVERN, 6612 PENN AVENUE SOUTH.
Council Minutes -3- July 28, 1986
M/ Sandahl, S/Garcia to approve the consent calendar.
Motion carried 4-0.
Item #4 SECOND READING OF PROPOSED AMENDMENT TO THE SIGN
ORDINANCE TO PERMIT F12EE STANDING SIGNS UP TO 35
FEET IN HEIGHT IN GBNERAL COMMERCIAL (C-2) ZONING
DISTRICTS OR PROPERTY SITUATED WITHIN A REDEVELOPMENT
PROJECT AREA OF THE CITY. C.L. 283.
Acting City Manager Devich reviewed Council Letter No. 283
regarding a proposed amendment to the sign ordinance to permit
free standing signs up to 35 feet in height in General Commercial
(C-2} zoning districts or property situated within a
redevelopment project area of the city. He stated that the
individual entity that has requested action regarding the sign
ordinance has been in violation of provisions of its special use
permit and that staff has had numerous contacts with
representatives of the business requesting that they comply with
these provisions.
Terry Feldmann, 1725 Bohns Point Road, owner of Terry
Feldmann's Imports, stated that removal of the illegal canopy had
been accomplished and apologized for the delay.
Ellen Sampson, attorney for Mr. Feldmann, stated that all
the provisions of the special use permit have noc,• been complied
with and urged the council to pass the ordinance amendment.
Council Member Garcia expressed disappointment that this
business has not complied with the provisions of the special use
permit until now, when it is requesting an ordinance amendment
which will be a benefit to them.
M/Kirsch, S/Sandahl to close the public hearing.
Motion carried 4-0.
M/Sandahl, S/Kirsch that this constitute a Second Readin of
Bill No. 1986-13, that it be published in the official news _a er
and that it be made part of these minutes.
Motion carried 4-0.
Council Minutes -4- July 28, 1986
Item #5 ORDIA:ANCE AMSNDMBNT TO PROHIBIT DOGS IN CITY PARRS.
C.L. 284.
Public Safety Director Morgan reviewed Council Letter No.
284 regarding the development of an ordinance amendment to
prohibit dogs in city parks and the existing animal control
regulations in the city.
William Tiedeman, 109 East 68th Street, spoke in opposition
to banning dogs from park areas.
Gordon McKinnon, 7308 Upton Avenue, stated that he has
observed many people driving to Adams Hill park to walk their
dogs and not cleaning up after them. He stated he favored
enforcement of the existing regulations rather than banning dogs
from parks.
Walter Burris, 6445 Vincent Avenue, stated that he exercises
his dogs in Sheridan Park daily, and that. humans litter and
vandalize the park doing much more damage than dogs. He stated
it would be unfair to ban dogs from parks.
Ron Glaub, 7209 12th Avenue, stated that dogs don't
vandalize parks and, something else the dogs don't do and the
police aren't very effective at controlling is adherence to the
speed limit and stopping at stop signs. He stated that all
citizens should share in the responsibility of keeping the parks
clean.
Mai°or Hamilton stated he did not support prohibiting dogs in
city parks because it would penalize responsible dog owners for
the actions of a few irresponsible owners and would create an
unnecessary burden of the Public Safety Department. Mayor
Hamilton also stated that Woodlake Veterinary, Cutler Animal
Hospital and Airport Pet Hospital have indicated they are willing
to assist in educating pet owners regarding animal control
regulations.
M/Sandahl, S/Garcia to close the public hearing.
Motion carried 4-0.
M/Kirsch, SlSandahl to reject a proposed ordinance amendment
to prohibit dogs in city parks.
Motion carried 4-0.
Council Minutes -5- July 28, 1986
Item #6 RESOLUTION ESTABLISHING PROPERTY/LIABILITY ACCOUNT.
C.L. 285.
Acting City Manager Devich reviewed Council Letter No. 285
regarding the establishment of the propertylliability portion of
the self insurance fund and the sources to be utilized in 1986 to
establish the initial fund balance in that portion of the
account.
MJSandahl, S/Garcia that the Acting Gity Manager is
authorized to provide for initial funding for the propert
casualty self insurance account as provided for in Council Letter
No. 285_; 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. 7183
RESOLUTION AMENDING THE TRUST AIJD AGENCY FUND
FOR SELF INSURANCE OF WORKER'S COMPENSATION
AND UNEMPLOYMENT COMPENSATION TO PROVIDE FOR PAYMENT
OF CERTAIN ADDITIONAL UNINSURED LIABILITIES
Motion carried 4-0. This resolution appears as Resolution
No. 7183 in Resolution Book No. 54.
Item ~7 COUNCIL DISCUSSION OF REGULATIONS RELATED TO
ITINERANT SALES. C.L. 287.
Public Safety Director Morgan reviewed Council Letter No.
287 regarding the existing regulations contained in the city's
ordinance code related to transient and itinerant sales and
potential ordinance amendments which could be considered by the
council to strengthen .regulation of these activities.
City Attorney LeFevere reviewed the "Green River" approach
to regulation and several other ordinances used by cities to
control transient and itinerant businesses.
Paula Ekstrand, Ekecutive Director Richfield Chamber of
Commerce, stated that the Chamber had requested stricter
regulation of transient and itinerant merchants because they
compete with eiisting Richfield businesses without investment or
commitment to the community.
Council Minutes -6- July 28, 1986
Harold Fox, Richfield Chamber of Commerce Board Member,
requested that the council curtail the activities of transient
and itinerant merchants because they jeopardize Richfield
businesses who have a substantial investment in the community.
Steve Fabian, St. Louis Park, owner of Fabian's Seafood,
stated that his company pays taxes, pays rent to park his truck
and has operated in Richfield for 9 years. He said he has a
substantial investment in his business also and he has a mailing
list of over 1400 households in Richfield. Mr. Fabian noted that
the City of Richfield requires that samples of his shrimp-be
tested by a laboratory, something which is not required of
grocery stores. He requested that the council not ban transient
merchant business, such as Fabian's Seafood.
M/ Sandahl, S/Garcia that the staff is directed to take the
following actions for council consideration:
1. Develop an amendment to the existing ordinance code
regulation related to peddlers to prohibit unsolicited
door-to-door sales ~.~ithin the residential community.
2. Develop an amendment to the existing ordinance code
requirement related to solicitors to prohibit door-to-
door solicitation from residential properties in the
communit where posted notice prohibiting such sales
exists.
3. Develop an amendment to the existing ordinance code
related to transient merchants which requires such
sales to be conducted in permanent structures at
fixed locations within the community.
4. Strengthen alI three of the foregoin ordinance code
regulations in relation to control of vendors makin
such sales, control of products sold, and control of
merchandising practices.
5. Develop an amendment to the existing zonin code
requirements related to outdoor sales.
Motion carried 4-0.
Item #8 ILN PROJECT, RIGHT-OF-WAY IMPROVEMENTS TO 77TH AND
78TH STREETS, EAST OF LYNDALE AVENUE. C.L. 288.
City Planner Jopke reviewed Council Letter No. 288 regarding
traffic control measures for 77th Street at its intersection with
Council Minutes -7- July 28, 1986
Garfield Avenue and at 78th Street and its intersection with
Lyndale Avenue.
Arijs Pakalns, BRW, reviewed drawings of the proposed right-
of-waS= improvements which would eliminate commercial traffic on
Harriet and Garfield Avenues north of 77th Street. He stated
that improvements on 77th Street in the Harriet/~Garfield Avenue
area could be done in three stages, the third stage being the
full implementation of the ILN Redevelopment Project Phase I for
right-of-way improvements. Stage 1 would include the
construction of a roadway diversion at the Harriet Avenue and
77th Street intersection, the acquisition and clearing of the
properties at 7645 Garfield Avenue and 7644 Harriet Avenue,
construction of a residential loop road between Garfield Avenue
and Harriet Avenue, and landscape screening.
City Planner Jopke stated that the preliminary cost
estimates for this work and the 78th Street/Lyndale Avenue work
is $348,034. He indicated the construction would be scheduled to
be complete before Hampton Inn opens and that it is critical to
time the expenditure of funds for the project c.=ith the progress
in the Hampton Inn Project, since it will be providing the source
of revenues to complete the citS- contracted work.
Council Member Garcia inquired if the owners of the houses
proposed to be acquired had been notified.
Acting City Manager Devich stated that staff had not
formally approached them regarding acquisition of their property
at this time because the citS= council had not reviewed the
proposal. He stated that they were aware from previous meetings
that it was a possibility.
Ruth Larson, 7638 Harriet Avenue, expressed concern about
the landscaping of the area north of 77th Street and about
construction vehicles from the Hampton Inn using Harriet Avenue
prior to the completion of the road improvements.
Arijs Pakalns, BRW, stated that the landscaping in Stage 1
was estimated to cost $40,000 and would include berms and
evergreens.
Acting City Manager Devich stated enforcement of the load
limits on Harriet Avenue and communication to the Hampton Inn
contractor would address the potential of construction traffic on
the residential streets.
Harold Burmeister, owner of 7701 Harriet Avenue, questioned
how access to this property would be provided.
Arijs Pakalns,. BRW, responded that detail plans and analysis
would address access location. However, access would be provided
to Harriet Avenue.
Council Minutes -8- July 28, 1986
Mrs. Pedersen, 7614 Garfield Avenue, expressed concern about
construction traffic on Garfield Avenue and asked how the loop
street concept would operate.
Arijs Pakalns, BRW, explained how the proposed loop road
between Harriet and Garfield Avenue would function.
Donald Unteed, owner of the building at 501 West 77th
Street, stated that the potential of acquisition of an additional
24 feet from his property make it difficult to sell and requested
that this decision be made immediately.
Arijs Pakalns, BRW, stated that the acquisition from this
property for 77th Street improvements would occur if Stage 2 was
constructed, when and if the ILN Redevelopment Plan is fully
implemented. He stated that it is impossible to guarantee if
this will happen since it depends on the development activities
west of L,yndale Avenue.
Steve Kendall, 7645 Garfield Avenue, spoke in support of the
city's purchase of his property for the project.
Mayor Hamilton stated that the city's intent is to protect
the residential area from the commercial traffic by the proposed
separation and buffering.
M/ Kirsch, S/Sandahl to authorize staff to take the
following actions:
1. Order OSM and Associates to prepare detail plans and
specifications for the traffic control measures
identified in Alternative C and Stage 1 Figure 1 of
Council Letter No. 288.
2. Direct BRW to prepare a landscape plan for the area
between the loop street and 77th Street.
The cost of this work would be approximately $10,000.
3. Order appraisals of the two properties at a cost
of $500.
4. Assure that construction vehicles from the Hampton Inn
pro,iect do not use Harriet and Garfield Avenue as
access to the construction site.
Motion carried 4-0,
Council Minutes -9- July 28, 1986
Item #9 AMENDED OFF-STREET PARKING PERMIT REQUEST AT 7640
CEDAR AVENUE. C.L. 289.
Gitir Planner Jopke reviewed Council Letter No. 289 regarding
a request by the owners of the Inn Hotel, 7640 Cedar Avenue, to
amend their off-street parking contract to allow them to build a
trash enclosure and handicap ramp on the north side of their
existing building.
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. 7184
RESOLUTION APPROVING OFF-STREET PARKING
PERMIT IN ACCORDANCE WITH APPLICATION NO. 86-6
Motion carried 3-0. (Council Member Garcia was absent
during this vote). This resolution appears as Resolution No.
7184 in Resolution Book No. 54.
Item X10 AGREEMENT FOR PROFESSIONAL SERVICES WITH BENNETT-
RINGROSE-WOLSFELD-JARVIS-GARDNER, INC. (BRW), ILN
REDEVELOPMBNT PLAN. C.L. 290.
Acting City Manager Devich reviewed Council Letter No. 290
regarding authorization to continue an agreement for professional
services with Bennett-Ringrose-Wolsfeld-Jarvis-Gardner, Inc,
(BRW) relating to the ILN Redevelopment area. He stated that the
services would consist of two main tasks. Under Task One, BRW
would provide provide technical assistance to staff for special
studies; funding for Task One would not exceed $12,000. Task Two
would consist of formulation of guidelines and strategies for the
redevelopment of the area between 77th Street and I494; funding
for Task Two would not exceed $14,000. Acting City Manager
Devich stated that in a motion adopted by the HRA which approved
the contract and expenditure of funds from the HRA Capital Fund,
the HRA requested the city council share in the cost of this
contract.
IL
Council Minutes -10- July 28, 1986
M/Sandahl, S/Garcia to authorize the Mayor and Acting City
Manager to execute a contract with Bennett-Ringrose-Wolsfeld-
Jarvis-Gardner, Inc. for professional services related to the ILN
Redevelopment Proiect area and that funding for the contract be
limited to the HRA Capital Fund.
Motion carried 4-0.
Item #11 REQUEST TO PERMIT OUTSIDE LIQUOR SALES AT CHI CHI'S
ME%ICAN RESTAURANT. C.L. 291.
Acting City Manager Devich announced that Chi Chi's Mexican
Restaurant had withdrawn their request for a permit to allow
outside liquor sales on August 2, 1986 at 7717 Nicollet Avenue;
therefore, no council action would be required on this item.
Item X12 APPOINTMENTS TO COMMUNITY SERVICES COMMISSION.
C.L. 292.
1
Mayor Hamilton stated that it was necessary to appoint two
people to the Community Services Commission to fill two vacancies
created b3T recent resignations.
M/Sandahl, S/Garcia to appoint the following to the
Community Services Commission:
Name Term Expires
Michael Karnas JanuarST 31, 1989
Karen Skwira January 31, 1988
Motion carried 4-0. -
Item #~13 COUNCIL DISCUSSION ITEMS
13A. Fire Department Access (Hnox Box) for Security
Apartment Buildings.
Mayor Hamilton expressed concern about the ability of fire
and rescue crews to enter security buildings in emergency
situations cahen a Knox Box has not be provided.
Council Minutes -11- July 28, 1986
Public Safety Director Morgan stated that the Knox Box
access is required by the Uniform Fire Code and building owners
who have not complied are being notified to do so.
13B Temporary Variance 7645 Emerson Avenue
Mayor Hamilton stated that Mr. Saeger, owner of 7645 Emerson
Avenue, had not complied within 30 days, as required, to the
stipulations in the resolution granting a temporary variance for
7645 Emerson Avenue.
City Attorney LeFevere recommended that the city council
pass a motion rescinding the temporary variance.
M/Sandahl, S/Kirsch that the temporary variance for 7645
Emerson Avenue is hereby rescinded because the property owner has
failed to fulfill the conditions of Section 6(b) of Resolution
N_o. 7178 as required by the council for the granting of the
temporary variance.
Motion carried 4-0.
13C. Notification of Absence.
Mayor Hamilton requested that Council Members notify the
Mayor or City Manager if they will be unable to attend a council
meeting.
Item #14 CLAIMS AND PAYROLLS
M/Sandahl, S/Garcia that the following claims and payrolls
be approved•
RICHFIELD STATE BANK
Checks 74210/74710, 84110/84353
FIRST MINNESOTA
Check 10420
FIRST WESTERN
Checks 31150/31410
Checks 12828/13293 Payroll
$ 904,305.93
$ 15,000.00
$3,449,039.29
$ 297,938.68
Motion carried 4-0.
Council Minutes -12- July 28, 1986
ADJOURNMENT
M/Kirsch, SlGarcia that-the meeting adiourn.
Motion carried 4-0.
The meeting was adjourned at 9:02 p.~. ~ /~~
Date Approved: 8-11-86 ~~~(,~~/~~j(jyj///J///~
Mayor
~~
Thomas P. Ferber Steven L. Devich
City Clerk Acting City Manager
1