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08-25-1986CITY OF RICHFIBLD, MINNBSOTA REGULAR CITY COUNCIL MEETING August 25, 1986 MEMBERS PRESENT: John Hamilton, Mayor; Ivan Ludeman; Michael Sandahl; Martin Kirsch; and Edwina Garcia. STAFF PRESENT: Steven Devich, Acting City Manager; Thomas Ferber, City Clerk; Donald Fondrick, Community Services Director; Bruce Palmborg, Acting Community Development Director; Thomas Morgan, Public Safety Director; Patrick Coughlin, Assistant Fire Chief; and Clayton LeFevere, City Attorney. The meeting was called to order by Mayor Hamilton at 7:01 p.m. PRESENTATION OF COLORS AND PLBDGB OF ALLBGIANCB Mayor Hamilton led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES `i/Ludeman, S/Garcia to approve the minutes of the regular city council meeting of August 11, 1986. Motion carried 5-0. Item ~1 RICHFIELD LIONS CLUB PRBSBNTATION OF DONATION OF PANCAKE BRBAHFAST PROCBBDS TO RICHFIELD COMMUNITY CENTER. C.L. 324. Raymond Sawitzke, President of the Richfield Lions Club, presented a donation of $715 to the city raised by the Lions Club annual Pancake Breakfast fund raiser event to help support the facility and programs of the Richfield Community Center. Community Center Director Lil Hipp and Mayor Hamilton accepted the donation on behalf of the city and thanked the Lions _ Club for theirsupport. Council Minutes -2- August 25, 1986 Item ~2 OPPORTUNITY FOR CITIZIs'NS TO ADDRESS THE CITY COUNCIL ON ANY ITEM NOT LISTED ON THB AGENDA. No one wished to address the council. Item #3 COUNCIL APPROVAL OF AGENDA M/Sandahl, S/Garcia to approve the agenda. Motion carried 5-0. Item #4 CONSENT CALENDAR .~. REQUEST FOR PERMIT FOR ILLUMINATED PEDESTAL SIGN AT TERRY FELDMAN'S IMPORTS, 920 W. 78TH STREET. C.L. 325. B. REQUEST FOR ILLUMINATED SIGN AT RICHFIELD SHOPPES NORTH 6601 NICOLLET. C.L. 326. C. APPOINTMENT TO FILL VACANCY ON ILN RESIDENTIAL ADVISORY COMMITTEE. (MRS. ROLAND CARSON} C.L. 327. RESOLUTION NO. 7208 APPOINTMENT TO VACANCY, ILN RESIDENTIAL ADVISORY COMMITTEE D. CONSIDERATION OF CONSTRUCTION COOPERATIVE AGREEMENT WITH HENNEPIN COUNTY FOR THE 66TH STREET/PENN-XERXES AVENUE STREET IMPROVEMENT PROJECT. C.L. 328. RESOLUTION NO. 7209 RESOLUTION AUTHORIZING THE MAYOR AND ACTING CITY MANAGER TO SIGN AGREEMENT P.W. 14-19-86 FOR THE 66TH STREET/ PENN AVENUE/XERXES AVENUE PROJECT E. ESTIMATE NO. 1, 1986 ALLEY PAVING, GUNDERSON BROS. CONCRETE - $23,394.46. Council Minutes -3- August 25, 1986. M/Sandahl, S/Garcia to approve the consent calendar. Motion carried 5-0. Item #5 HEARING TO AMEND THE COMMON ELBMENT RESIDENTAL SUBDIVI- SION OF THE PROPERTY LOCATED AT 6512-14 OLIVER AVENUE. C.L. 329. Acting Community Development Director Palmborg reviewed Council Letter No. 329 recommending that the city council approve an amendment to the common element residential subdivision at 6512-14 Oliver Avenue. M/Sandahl, S/Fiirsch to close the public hearing. Motion carried 5-0. M/Sandahl, S/Ludeman 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. 7210 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHFIELD APPROVING . THE SUBDIVISION OF THE PROPERTY LOCATED AT 6512-14 OLIVER AVENUE SOUTH Motion carried 5-0. This resolution appears as Resolution No. 7210 in Resolution Book No. 54. Item ~6 HEARING AND SECOND READING OF AN ORDINANCE TO VACATE THE UNIMPROVED RIGHT-OF-WAY AT THE INTBRSECTTON OF ?4TH STREET AND UPTON AVENUE. C.L. 330. Aeting Community Development Director Palmborg reviewed Council Letter No. 330 regarding an ordinance to vacate the unimproved right-of-way at the intersection of 74th Street and Upton Avenue. He stated that Mr. Lindholm's desire to also acquire the adjacent park triangle parcel would be a matter for future action, depending on the legal aspects of the issue. Council Minutes - -4- August 25, 1986 Council :Member Sandahl asked what the zoning of the new parcel created b3- dir. Lindholm will be. Acting. Community Development Director Palmborg stated that the property would be zoned R residential. Steve Milner, 2812 W. 74th Street,- stated his opposition to the vacation because the city would be giving up open space. Tom Schwartz, 1400 Upton Avenue, stated that he opposed the vacation and asked if the city would receive payment for the land. l: City Attorney LeFevere explained that when the city vacates ,, right-of-way, it is vacating an easement from the adjacent property and the land reverts to the property owner. Council :`!ember Ludeman asked if the new parcel would meet the required square footage for a buildable lot without the park '"~' triangle. C`; -- _', > Acting Community Development Director Palmborg stated that the parcel caould meet Richfield's requirements for a. buildable lot and a house could be built on the site with the proper setbacks without the park property. Council Member Kirsch asked if the Community Services Commission had reviewed the use of the park triangle including the added vacated right-of-way. Acting Community Development Director Palmborg stated that the Commission had reviewed the issue and felt that the parcel caould still be too small for any park use and that Adams Hill Park was adjacent to the site to serve as the neighborhood park. M/Sandahl, S/Ludeman to close the public hearing. rlotion carried 5-0. M/Sandahl, S/Ludeman that this constitute a Second Readin of Bill No. 1986-16, Transitory Ordinance No. 17.25, that it be published in the official newspaper and that it be made hart of these minutes with the following stipulation' that a utility easement be granted to Minnegasco in order to maintain the das line or that the gas line be moved or removed and relocated at the sole expense-of the applicant. Motion carried 4-0. .(Kirsch opposed) 1 1 Council Minutes -5- August 25, 1986 Item #7 ORDINANCE AMENDMENT RELATING TO GAMBLING ACTIVITIES WHICH WOULD PROHIBIT OFF-PREMISE GAMBLING (TO BE CONTINUED UNTIL SEPTEMBER 25, 1986). C.L. 331. Acting City i~ianager Devich stated that the city attorney's office has not yet completed the drafting of an ordinance amendment relating to gambling activities and recommended that the city council continue the public hearing until the September 22, 1986 city council meeting. M/Sandahl, S/Kirsch to continue the public hearing and second readin for an o dinance amendment rohibitin off- remise gambling in the City- of= ichfield until the September 22, 1986 city council meeting. Motion carried 5-0. Item #8 TWO ORDINANCE AMENDMENTS EgEMPTING VENDING MACHINES WHICH DISPENSE BOTTLED AND CANNED SOFT DRINgS FROM LICENSE AND INSPECTION FEES. SECOND READING.'C.L. 332. Acting City Manager Devich reviewed Council Letter No. 332 regarding two ordinance amendments to exempt vending machines which dispense bottled and canned soft drinks from license and inspection fees to comply with recent state legislation. He ;; recommended that the city council pass a resolution to amend the Appendix D fee schedule to reflect these ordinance amendments. M/Sandahl, S/Kirsch to close the public hearing. Motion carried 5-0. M/Ludeman, S/Sandahl that this constitute Second Reading of Bill 'vTo. 1986-14, that it be published in the official newspaper and that it be made part of these minutes. s., Motion carried 5-d. M/Sandahl, S/Kirsch to close the public hearing. Motion carried 5-0. Council Minutes -6- August 25, 1986 M/Ludeman, S/Sandahl that this constitute Second Reading of Bill No. 1986-15, that it be published in the official newspaper and that it be made part_of these minutes. Motion carried 5-0. M/Ludeman, 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. 7211 AMENDMENT TO RESOLUTION NO. 7092 ESTABLISHING 1986 LICENSE, PERMIT AND MISCELLANEOUS FEES yIotion carried 5-0. This resolution appears as Resolution No. 7211 in Resolution Book No. 54. Item ~ 9 APPEAL OF ORDER FOR COMPLIANCE TO THE UNIFORM FIRE CODE PROVISION RELATED TO THE LOCH BO% REQUIREMENT AT THE APARTMENT LOCATED AT 6901 PENN AVENUE. C.L. 333. Public Safety Director Morgan reviewed the ordinance provisions regarding the Board of Appeals process and the adoption of the Uniform Fire Code. He then reviewed the basis for requiring a key box as provided by the Uniform Fire Code. Assistant Fire Chief Coughlin reviewed the correspondence and actions regarding the issuance of the noncompliance notice to the owner of the apartment building located. at 6901 Penn Avenue related to the lock box requirement. Mrs. Deborah S. Olsen, 4220 Valley View Road, reviewed her instructions to the tenants of the building regarding entrance to the security building. Leo Lane, 6901 Penn Ave., described his contact with a firefighter regarding a fire inspection, stating that he informed the firefighter to contact Mrs. Olsen for an appointment. Mrs. Olsen stated that the basis of her appeal was that emergency entrance to the building was not "unduly difficult" as cited in the Uniform Fire Code and that the Chief is not required to insist on key boxes. She stated that the security of her tenants was utmost in her mind. Mrs. Olsen then reviewed her contacts with fire department regarding code enforcement at 6901 Penn Avenue. She reviewed pictures of her building and several other apartment buildings in Richfield. She stated she felt that Council Minutes -7- August 25, 1986 the city was using selective enforcement against her building and that other buildings did not meet the same standard as hers for emergency access. Discussion followed regarding emergency access to 6901 Penn Avenue as it exists, liability issues, and access via the use of a key box. M1irs. Olsen reviewed several letters from the City concerning the key box issue and her response to each of them. She took issue with the fact that it was stated that 56 of 57 apartments in Richfield had the required key box. She reviewed pictures of several apartments where she felt that the key box requirement had not been applied. She asked cahy the city could not provide her with a list of apartments with key boxes. City Attorney LeFevere stated that this was not classified as public information. Mrs. Olsen stated that if she is required to install a key box the city should pay for it and indemnify her from any liability. Leo Lane, 6901 Penn Avenue, submitted a letter signed by the tenants of the building stating their objection to the installation of a key box (Clerk File No. C-281). Mr. Lane also asked the following questions: Is there a master key standard Can the keys be duplicated? Are the key boxes required for are the key boxes required for Are the key boxes required for Do fire inspectors use this fo: for the boxes? rented houses? condominiums? double bungalows? r entrance? Assistant Fire Chief Coughlin responded that all the key boxes in Richfield are keyed the same and are not reproducible. He stated the key box is required for only multi-family dwellings, not rented homes or double bungalows. He stated the high-rise condominiums in Richfield have key boxes. Discussion followed regarding the security of key boxes and methods of emergency entrance to apartments. Assistant Fire Chief reviewed the policy of other communities regarding this issue. Vicki Kollross, ?321 Glouchester Drive, asked where the keys were maintained. Council Minutes -8- August 25, 1986 Assistant Fire Chief Coughlin stated that the keys are kept on the dashboard of emergency vehicles. M/Sandahl, S/Garcia to affirm the order issued by the Department of Public Safety to Mrs. Deborah S Olsen, requiring the installation of a ke box in the front entry area of the apartment building she awns at 6901 Penn Avenue South. Motion carried 5-0. Item X10 COUNCIL DISCUSSION ITI3MS 10A. K-Mart Storage Containers. Council Member Kirsch stated that K-Mart had several large storage containers on their site. Assistant Fire Chief Coughlin stated he would contact K-Mart to remove them since they were not allowed by their special use permit. 10B. Arby's Restaurant. Council Member Ludeman stated that Richfield K-Mart has increased business since the closing of the Bloomington store, therefore they are not permiting Arby's to locate in the parking lot as previously approved. He stated that Arby's is now planning to relocate to a site adjacent to I-494. Item #11 CLAIMS AND PAYROLLS PI/Ludeman, S/Sandahl that the following claims and pa rolls be approved' RICHFIELD STATE BANK Checks 7529/7565, 84703/84939 $661,425.89 FIRST WESTERN BANK Checks 3167/3193 $929,599.32 Checks 13760/14208 Payroll $287,115.82 Council Minutes FIRST MINNESOTA Check 1044 Motion carried 5-0. ADJOURNMENT -9- M/Kirsch, S/Garcia that the meeting adjourn. Motion carried 5-0. The meeting was adjourned at 9: Date Approved: 9/8/86 Thomas P. Ferber City Clerk August 25, 1986 $ 15,000.00 Acting (;ity Manager