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12-08-1986 CITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING December 8, 1986 MEMBERS PRESENT: John Hamilton, :~1ayor; Ivan Ludeman; Michael Sandahl; Martin Kirsch; and Edwina Garcia. STAFF PRESENT: James Prosser, City Manager; Steven Devich, Administrative Services Director; Thomas P. Ferber, City Clerk; Donald Fondrick; Community Services Director; Bruce Palmborg, Acting Community Development Director; Clayton LeFevere, City Attorney; Barry Fritz and Bill Rollick, Public Safety. The meeting was called to order by Mayor Hamilton at 7:00 p.m. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Hamilton led the audience in the Pledge of Allegiance. u APPROVAL OF MINUTES M/Sandahl, S/Kirsch to_approve the minutes of the Study Session Meeting on November 24, 1986; and the regular cit council meeting on November 24, 1986. tion carried 5-0. Item ~1 OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITI' COUNCIL ON ANY ITEM NOT LISTED ON THE AGENDA. David Ahlel, Sk3-tracker council consider his request displa.,y- of a 35 foot high Fr Street at tonights meeting. him that the application had on this agenda. Promotions, requested that the for a temporary permit to allow the sty the Snowman at 920 W. 78th He stated that, city staff had told been received too late to be listed City Manager Prosser stated he had spoke with the applicant prior to the December 1st deadline and informed him that it was necessary to submit the application to allow time for proper staff review; subsequently- the application iaas received on December 2nd. Council Minutes -2- December 8, 1986 It was the consensus of the council to. consider this request. Mayor Hamilton stated that consideration of this request would be placed on the agenda as Item #12A. Item #2 COUNCIL APPROVAL OF AGENDA M/Sandahl, S/Ludeman to approve-the agenda as amended. Motion carried_ 5-0. Item #3 CONSENT CALENDAR A. APPROVED PURCHASE EXCESS OF $S,OOG FOR REPLACEMENT ° VEHICLES. C.L. 459. B. APPROVED PURCHASE EXCESS OF $5,OOD FOR WATER TREATMENT CHEMICALS C.L. 4G0. C. APPROVED ILLUMINATED SIGNS AT THE ATHLETIC SHOE FACTORY 38 W. 66TH STREET, ARBY'S, 7744 5TH A~`ENUE. C.L. 461. M/Sandahl, S/Ludeman to approve the consent calendar. Motion carried 5-0. Item #4 HEARING ON RENEWAL OF CLUB ON-SALE AND SUNDAY LIQUOR LICENSES FOR THE MINNEAPOLIS/RICHFIELD AMERICAN LEGION POST, 6501 PORTLAND AVENUE. C.L. 462 City Manager Prosser reviewed Council Letter 462 regarding the renewal application for the 1987 Club On-Sale and Sunday liquor licenses for the Minneapolis/Richfield American Legion Post #435, located at 6501 Portland Avenue. Al/Sandahl, S/F~irsch to close the public hearing. Motion carried 5-0. ?1/Garcia, S/Sandahl to approve the granting of the 1987 Club On-Sale and Sunday liquor licenses to the NIinneapolis/Richfield American Legion Post Y435, G501 Portland Avenue. Council Minutes -3- December 8, 1986 Item #5 HEARING ON R~NEN~1L OF UN-SAL&:, SL~NDAV LIQUOR AND TAVERN (DANCE) LICE3titSES FOR CHAAiPPS OF RICaiFIELD, I~FC. , 700 NEST 6iiTH ST-BEET. C.L. 463. City :Manager Prosser reviewed Council Letter No. 463 regarding the renewal application for the 1987 On-Sale, Sunda- liquor, and tavern (dance) licenses for Champps of Richfield, Inc., 700 West 6Gth Street. M/Sandahl, S/Garcia to close the public hearing. Motion carried 5-0. M/Sandahl, S/kirsch to approve the granting of the 1987 On- Sale, Sunday- liquor, and tavern licenses to Ghampps of Richfield, Inc., 700 crest GGth Street, with the following stipulations: A. The applicant receives final approval and inspection for all building plans. B. The applicant supplies pro liability coverage. C. The applicant designates a restaurant and that person license. D. The balance of all license paid in full. ~f of public and Liquor Manager for the Richfield is granted a Manager's and investigative fees are and; to approve a credit in the amount of X2,604.75 to be applied to their 1987 liquor license fees.• Motion carried 5-0. Item #6 HEARING ON RENENAL OF ON-SAL'E', SUNDAY LIQUOR AND TAVERN LICENSES FOR THE CONSUL RESTAURANT CORPORATION {D/B/A CHI CHI'S MEXICAN RESTAURANT, 7717 NICOLLET AVENUE. C.L. 464. CitS• Pianager Prosser reviewed Council Letter No. 464 regarding the renewal application for the 1987 On-Sale, Sunday liquor, and tavern(dance) licenses for the Consul Restaurant Corporation d/b/a Chi Chi's Mexican Restaurant, 7717 Nicollet .venue . Council Alember Ludeman noted that Chi Chi's had a significant increase in criminal public safety contacts during 1986. Council Minutes -4- December 8, 1986 City Manager Prosser stated that the applicant has hired additional security personnel and has been responsive in working with the Public Safety Department. ~i/Sandahl, S/Garcia to close the public hearing. lotion carried 5-0. M/Sandahl, S/Garcia to approve the granting of the 1987 On- Sale, Sundati liquor, and tavern licenses to the Consul Restaurant Corporation d/b/a Chi Chi's Ple~ican Restaurant, 7717 ivicollet Avenue. Motion carried 5-0. Item #7 HEARING ON RENEWAL OF ON-SALE AND SUNDAY LIQUOR LICENSES FOR TFiE GROUND ROUND RESTAURANT, 1500 EAST 78TH STREET. C.L. 465. City ?Manager Prosser reviewed Council Letter ~'o. 4Go regarding the renewal application for the 1987 On-Sale and Sunday liquor licenses for the Ground Round Restaurant, 1500 East 78th Street. P1/Sandahl, S/Garcia to close the public hearing. lotion carried 5-0. ~1/Sandahl, S/Garcia to approve the granting of the 1987 On- Sale and Sunda liquor licenses to the Ground Round Restaurant, 1500 East 78th Street. i`iotion carried 5-0. Item #8 HEARING ON RENEWAL OF CLUB ON-SALE AND SUNDAY LIQUOR LICENSES, FRED BABCOCg VFW POST 5555, 710 LAgE SHORE DRIVE. C.L. 466. City Manager Prosser reviewed Council Letter 130. 4GG regarding the renewal application for the 1987 Club On-Sale and Sunday liquor licenses for the Fred Babcock CFW Post 5555:, 710 Lake Shore Drive. Council Member Ludeman noted that during 1986 the;~'FW had been successful in reducing their number of public safet3- contacts. M/Ludeman, S/Kirsch to close the public hearing. Council Minutes -5- December 8, 1986 :Motion carried 5-0. M/Sandahl, S/Garcia to approve the granting of the 1987 Club On-Sale and Sunday liquor licenses to the Fred Babcock ~'i:~w' Post 5555, 710 Lake Shore Drive. notion carried 5-0. Item #9 HEARING ON REQUEST FOR A VARIANCE 1'O ERECT A SIX FOOT CHAIN LINH FENCE IN THE FRONT OF THE BUILDING SETBACg AT 7731 FOURTH AVENUE. C.L. 457. City Manager Prosser reviewed Council Letter ~Vo. X67 regarding the appeal by Alichael Blaylocl: of the Hearing Examiner's denial of a variance request to allow the installation of a b foot high chain link fence forward of the Front of the building setbaclt at 7731 nth avenue. `lichael Blaylock, 1308 Orchard Drive, owner of 1731 ~lth Avenue, stated that he desired to install the fence far security purposes. He stated that several council members had visited the site and that Council Member Ludeman had suggested a wood fence instead of chain link. ~1r. Blay--lock indicated that he preferred a chain linlt because it would r~rovide visibility for the police department. Council Member Ludeman stated that a wpod fence similar to the one on the property to the north of this site would be more acceptable and consistent with the adjacent property. 'fayor Hamilton stated that the fence was appropriate in this case and that city staff should investigate the possibility of an ordinance amendment allowing such fences in commercial areas. ~1/Ludeman, S/kirsch to close the public hearing. Motion carried 5-0. ~1/Ludeman, S/kirsch to overturn the Hearing Examiner's denial of the variance request and to grant a variance to allow the installation of a 6 foot high fence forward of the front of the building setback at 7731 nth Avenue subiect to the following stipulation' 1. That the fence be constructed of the same materials and of the same style as the fence on the aaiacen~t property to the north and that the gates of the fence be made of chain link fencing. Motion carried 5-0. Council Minutes -6- December 8, 1986 Item X10 ORDINANCE AMENDMENT RELATING TO CLASSIFICATION OF PROJECT EMPLOYEE. FIRST READING. C.L. 468 City Pianager Prosser reviewed Council Letter ti'o. -168 regarding an ordinance amendment establishing and defining a classification of employee entitled Project {Special Funded) Employee. M/Sandahl, S/Garcia that this constitute the First Reading of this ordinance and that the Public Hearing and Second Reading of the ordinance be scheduled for the December "" 1'-86 city council meeting'. Motion carried ~-0. (Council Member Ludeman ~~as absent zchen this vote was taken.) '~ I I L_.._J Item #11 RESOLUTION DESIGNATING CITY'S CONTRIBUTION TOWARD NEALTH, TERM LIFE AND DENTAL INSURANCE PREtiIt;M FOR GENERAL SERVICES AND MANAGEMENT EMPLOI'EES. C.L. Y69. City :Manager Prosser reviewed Council Letter ;~o. X169 regarding the determination of the City's contribution toward term life, dental, health, and long term disability insurance premiums for General Services and Management employees. ni/Sandahl, 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 NO. 725 RESOLUTION DESIGNATING CITY'S CONTRIBUTION TO1vARD HEALTH, TERM LIFE AND DENTAL INSU'R.4NCE PREPiILi'~l FOR GENERAL SERVICES AND MANAGEMEIv'T EAIPLOI E'ES :`lotion carried 4-0. {Council Member Ludeman caas absent when this vote was taken.) This resolution appears as Resolution No. 7251 in Resolution Book No. 55. ~_ Council Minutes -7- Item #12 COUNCIL DISCUSSIt7l; ITE~^1S December ~3, 198G 12A. Request For Temporary Sign Permit 92D W. 78th St. David ahlel, Skytraclier Promotions, requested a temporary sign permit for the display of a 35 foot tall Frosty the Snowman at Terry Feldmann's Imports, 920 W. 'i8th Street. He requested that the permit be granted for a period of~2 weeks and that internal illumination be allowed. He stated that•he felt the deadline for submittal of application had not been clear to riim. Bill Doyle, Skytracker Promotions, stated that no printed material could be on the display and that it's purpose was to draw attention to the dealership. Discussion followed regarding the illumination of the display and the acceptability- of the display to the nearby neighborhood. It was the consensus of the council that if the permit was approved and the displa-r- was found to be unacceptable to the neighborhood, the applicant would be required to remoz-e it. Cits- `tanager Prosser stated that the applicant c~as aware of the deadline and the purpose of the deadline For submittal of applicants caas to allow staff time to fullfill their responsibility- in review of the application. He also stated that permits for this type of display are normally granted for a period of ~ days only, and that his recommendation would be to permit this display for seven da5-s if the council wives approval. Council Member Garcia stated that she 'opposed granting the permit because of the pattern of missed deadlines and misunderstandings that car dealerships have shown in dealing with the Cit3•. She also stated that this display was too large and would be in place for too long.. M/Ludeman, S/Sandahl to approve a temporary sign permit to allow Skytrackers Promotions to display- a 35 foot high snowman at 9.20 tJ, 78t1i St. for a period of se~-en daYS without illumination. Ltotion carried 4-1. {Garcia opposed) David Ahlel stated he felt Richfield's sign ordinance Baas too restrictive regarding this t3-pe of display. City Manager Prosser stated that city staff is currently reviewing the sign ordinance with the Richfield Chamber of Commerce for potential revision. Council Minutes -8- December 8, 1986 Item #13 CLAIMS AND PAYROLLS M/Ludeman, S/Sandahl that the following' claims and pa~i•olls be approved' RICHFIELD STATE BANK Checics 7945/7988, 86718/8695.1 $ 589,026.11 FIRST PiINNESOTA Check 1053 s 30,000.00 FIRST WESTERN BA\K Checks 3358/3385 X3,561,360.-15 Checks 16906/17258 Payroll $ 267,244.10 Piotion carried 5-0. ADJOURN~lSNT Al/Kirsch, S/Garcia that the meeting adiourn. Motion carried 5-0. The meeting was adjourned at 7 : 36 p.~. ~ ,`f// Date :approved: 12/22/86 -,~ ~ ~-' ohn Ha on r ~~Z~9mGfD Thomas P. Ferber am s Prosser Cit~% Cleric y rlanager Mayor u L'