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01-22-02 Worksession I I I CITY COUNCIL MINUTES Richfield, Minnesota Special Worksession January 22,2002 The meeting was called to order by Mayor Kirsch at 5:32 p.m. Members Present: Martin Kirsch, Mayor; Gertrude Ulrich; John Enger; Susan Rosenberg; and Sue Sandahl. Staff Present: Samantha Orduno, City Manager; Steven Devich, Administrative Services Director; Mike Eastling, Public Works Director; Bruce Palmborg, Community Development Director; Jim Topitzhofer, Recreation Services Director; Dan Scott, Public Safety Director; George Atkinson, Engineering Supervisor; and Cheryl Krumholz, Recording Secretary. Item #1 City Manager Orduno stated the continued discussion of the ordinance amendment regarding bus shelters/courtesy benches is before the Council at their request. She said staff is seeking direction on how to proceed on this matter. Public Works Director Eastling reviewed the following policy on benches and shelters: . Existing ordinance allows both. . Does the City Council want to continue to allow private shelters? . Can benches and shelters be allowed on the same corner in all circumstances? If not, which? Two of same? Staff retain any flexibility? . Are litter containers and regular pick-up required of shelters and not benches? . Existing general advertising regulations (alcohol, tobacco, and political) apply. . Ordinance prohibits obscene and distracting ads. Council Member Sandahl said Section 7, Subsection 805.23, Subd. 7 Advertising Matter, in the proposed ordinance only addresses advertising on benches; it should also include shelters. She supported staffs' assessment of corners regarding the need for benches and/or shelters. She said if there is a general problem with trash maintenance, businesses near the site should be responsible for the clean up. She said she is open to both benches and shelters on the same corner. Public Works Director Eastling said having both on the same corner is generally not a problem. Council Member Ulrich stated she did not want both benches and shelters on the same corner. She expressed concern about the City having to request the shelter company to remove Special Worksession Minutes -2- January 22, 2002 controversial advertising from the shelter because once it is allowed, there is the First Amendment right to consider. She said she strongly disapproves of advertising in the shelter context. Council Member Enger commented on the placement of the advertising in the shelter and I questioned the shelter design for protection from the weather. He suggested the advertising be placed so it does not obstruct the riders' view of the approaching bus. He said benches and shelters can be at the same location, but governed by the same rules. He supported the enforcement of having fast food establishments police the areas around their establishment for trash maintenance as part of their conditional use permit. He said all the shelters need to be maintained properly. He asked who installed and paid for the power source in the shelter. Council Member Sandahl said she does not want to be in a position to redesign the shelter, but suggested keeping the back free from advertising so you can see. Gary Young, Outdoor Promotions President, stated the transit stop (shelter) is designed to improve transit ridership. He said it is imperative to keep the shelters clean. He said if the shelters proceed in Richfield, Outdoor Promotions will work with the City Council and City staff regarding design details for Richfield's streets cape. He said advertising is placed on the downstream side of the shelter. Advertising is directed to the motorists and that volume exposure is needed to provide the funds for providing improvements. He said the shelter power is installed and paid by Outdoor Promotions; a heating system in the concrete pad is being discussed. Council Member Ulrich asked about the principal advertising sources. Mr. Young said the advertising is national, regional and local sources. Council Member Ulrich said it appeared that Outdoor Promotions has final say on what is advertised. The City can only request a change or removal. She said there are local standards she does not care for, especially related to some movies. Mr. Young said that movies are advertised in the shelters. City Manager Orduno asked if movie advertising could be restricted. Mr. Young said Disney was one of the biggest advertisers, but advertising could be restricted internally by Outdoor Promotions. Council Member Rosenberg said that billboard advertising is in the area so there doesn't seem to be a problem with shelter advertising. Mr. Young said he understood the advertising concern in the public right-of-way. He said his company realizes that if provocative material is advertised, there will be complaints. His company wants a long term commitment and relationship with the City and wants the City satisfied. He suggested contacting the references provided to verify how this matter is handled. Council Member Enger asked about including in Richfield's ordinance a prohibition to uR" rated advertising. City Manager Orduno said that would be dealing with censorship laws. She said Outdoor Promotions could internally regulate the entertainment industry advertising in Richfield. Mr. Young said an advertising policy agreeing to adhere to the City's regulations could be included in the company's agreement. Council Member Enger asked if there has been a high demand from transit riders for more shelters. City Manager Orduno said if there is a stretch of bad weather, there are requests, but generally no. She said more comments are related to maintenance. Council Member Sandahl said she had requests from constituents for a shelter at 66th Street/Penn Avenue. She asked about the statistics on the shelter use survey referenced by Mr. Young. I I I I I .-~ .--~---.. Special Worksession Minutes -3- January 22, 2002 Mr. Young said the Federal Transportation Association conducted a rider survey about the preferred option of a bus bench, shelter or nothing. He said there was positive support for amenities. Council Member Rosenberg asked if the shelter provides a trash receptacle and maintenance. Mr. Young answered yes, and that each site is reviewed separately. Council Member Enger asked if Outdoor Promotions was operating or applying for permits in any other Twin Cities metro communities. Mr. Young said they are currently not operating in any local metro cities, but they are applying in several. City Manager Orduno said the staff had received adequate direction on how to proceed on this matter. Item # II City Manager Orduno stated City staff are currently working on 2002 budget reduction plans as a direct consequence of the Governor's projected $1.3 million Local Government Aid (LGA) reduction proposal. While the LGA reductions are linked directly to General Fund expenditures, there are several rather large capital projects that are not General Fund expenditures such as the pool renovation, the skateboard park partnership and the remodeling of the Community Center. It is necessary for the Council to provide direction regarding these activities as staff is concerned about public perception about the projects in view of the serious service and staff impacts of the LGA reduction. Recreation Services Director Topitzhofer reviewed the pool renovation funding plan using proceeds of the MAC settlement regarding New Ford Town and Rich Acres Parks plus up to five years of dedicated special project funds (liquor service proceeds). He said the public hearing to proceed with the pool is scheduled for February 12, 2002. Mayor Kirsch asked what other cities are participating in the skateboard park project. Recreation Services Director Topitzhofer said Edina, Bloomington and the Southdale Y. He said the other cities are supportive of Richfield's budget impacts and it is possible to delay opening the park until the Legislature makes their decision about the budget deficit. Council Member Sandahl asked what the Community Center remodeling included. Recreation Services Director Topitzhofer explained there are modest remodeling efforts and the meeting of code compliance concerns. Council Member Enger said the pool is in dire need of repair and if it's not fixed, it may be lost. He supported continuing with the pool renovation, delaying the skateboard park and discontinuing the Community Center remodeling project. Mayor Kirsch supported continuing the pool project, but discontinuing the skateboard park and Community Center remodeling projects. Council Member Rosenberg supported repairing the pool, but didn't want to wait and lose the skateboard park because the neighborhood children were looking forward to it and the City needed to support children's activities. She requested the skateboard park project be placed ahead of the Community Center project. Council Member Ulrich supported repairing the pool. She said the skateboard park was important also. She suggested waiting on the Community Center project. Special Worksession Minutes -4- January 22, 2002 Council Member Sandahl said she agreed with Council Member's Rosenberg and Ulrich. She said the pool and skateboard park are great resources for children. She supported not losing more than one pool season for repairs. The meeting was adjourned by unanimous consent at 6:35 p.m. Date Approved: February 12, 2002 w -----'---- I I I