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04-06-88 agendaCITY OF RICHFIELD MONDAY, APRIL 6, 1998 REGULAR CITY COUNCIL STUDY SESSION 7:00 P.M. COUNCIL CHAMBERS AGENDA CALL TO ORDER ROLL CALL 1. 7:00-7:30 P.M. ANNUAL MEETING WITH ADVISORY BOARD OF HEALTH II. 7:30-8:00 P.M. DISCUSSION OF DEVELOPMENT OF ORDINANCE RESTRICTING TOBACCO AND ALCOHOL ADVERTISING ON BILLBOARDS WITHIN CITY OF RICHFIELD STUDY SESSION LETTER NO. 20 III. 8:00-8:15 P.M. DISCUSSION OF NEED FOR SECOND JUVENILE INVESTIGATOR/SCHOOL LIAISON OFFICER POSITION STUDY SESSION LETTER NO. 21 IV. 8:15-8:30 P.M. STATUS PRESENTATION OF RICHFIELD CABLE TELEVISION FRANCHISE UPGRADE STUDY SESSION LETTER NO. 22 V. 8:30-8:45 P.M. REVIEW OF 1998 BOARD OF EQUALIZATION PROCEDURES STUDY SESSION LETTER NO. 23 VI. 8:45-9:00 P.M. DISCUSSION OF SPECIAL ASSESSMENT FOR CURRENT SERVICES RELATED TO ALLEY MAINTENANCE STUDY SESSION LETTER NO. 24 VII. 9:00-9:30 P.M. DISCUSSION OF STATUS OF AIRPORT RELATED ITEMS STUDY SESSION LETTER NO. 25 VIII. 9:30-10:00 P.M. DISCUSSION OF CITY COUNCIL SALARIES STUDY SESSION LETTER NO. 26 0 10:00 P.M. ADJOURNMENT AUXILIARY AIDS FOR INDIVIDUALS WITH DISABILITIES ARE AVAILABLE UPON REQUEST. REQUESTS MUST BE MADE AT LEAST 96 HOURS IN ADVANCE TO THE ADMINISTRATIVE SERVICES DIRECTOR AT 861-9702. CITY OF RICHFIELD ADVISORY BOARD OF HEALTH 1997 ANNUAL REPORT J City Manager Mayor James D. Prosser Martin J. Kirsch April 6, 1998 Council Susan Rosenberg Kristal Stokes Michael Sandahl Russ Susag This has been a very successful year for the Advisory Board of Health. We again were divided into three workgroups described in the report as: Addictions, Family Issues, and Monitoring Other Issues. The activities of each workgroup are described in the attached report. The problems of youth access to tobacco, drugs, and alcohol have again been addressed this year. We are including an area of adult education with this issue. The working partnership of Richfield, Bloomington, and Edina was restructured in 1997 and adopted the name Tri-City Partners for Healthy Youth and -- Communities. Our main area of work in 1997 seemed to focus around the development of a tattoo ordinance. After extensive research, many subgroup meetings, drafts, and much discussion, the board completed work on an ordinance to regulate tattoo parlors, body painting, body branding, and body piercing. The City Council approved the ordinance in December, with praise from the Mayor. The board would like to thank Betsy Christensen and Jean Flesher, for their excellent work as liaison and staff support. Their help and support is invaluable to the Advisory Board of Health. We would also like to thank Mary Jane Markkula for her hard work and commitment as a board member and as 1996-1997 Chair to the Advisory Board of Health. She resigned from the board in the Fall of 1997. We hope to continue our close relationship with the City Council and we will continue to focus on health issues affecting the citizens of Richfield. Respectfully submitted, Janet Pierson Co-Chair Richfield Advisory Board of Health Judy Thul Co-Chair Richfield Advisory Bo rd of H alth The Urban hometown An Equal Opportunity Employer r Cindy D bansky Vice-Chair Richfield Advisory Board of Health 1997 WORKGROUPS ADDICTIONS WORKGROUP The addictions group continued to work with Jan Bernards from Bloomington Public Health as part of the "Assist" group which is a tri-city tobacco coalition. The overall goal is to educate people about tobacco use and to reduce access of tobacco products to youth. We have expanded our focus to include alcohol and in addition to working with Jan Bernards, we are also working with Drew Brooks, Youth Health Promotion Specialist. This group is also working with the schools in Richfield to reduce youth access to alcohol and drugs. In 1997, two compliance checks were conducted regarding the .availability`of tobacco products by local retailers to minors. Letters were sent to the involved retailers informing them of the compliance check and their results. There was also discussion regarding the sale of tobacco products in pharmacies. One member is working-with the high school social workers on issues of tobacco/drug/alcohol use among young people. A group of parents with issues revolving around their children's use,and behavior has been formed and meets once a week. We are working with the Safe Communities group to reduce traffic crashes and in turn make Richfield a safer, healthier community. We are a part of the Richfield Community Council and share interests in the Richfield Resource Center. This group is also working with the schools in Richfield to reduce youth access to alcohol and tobacco. FAMILY ISSUES WORKGROUP 1997 was a year of rebuilding. Three of the four members were new to the Advisory Board of Health in 1997. The workgroup met several times and each member was able to identify their area of personal interest. The areas of common interest are seniors, and high school students. The workgroup is looking forward to setting goals for 1998. MONITORING OTHER ISSUES WORKGROUP During the time that the Legislature was in session, two members kept the board updated on health related issues. 10 SUMMARY OF THE 1997 RICHFIELD ADVISORY BOARD OF HEALTH * 10 regular meetings. * 1 new member orientation session. * 1 study session with the City Council on the 1996 Annual Report. * New members appointed to the board: Judy Thul, LaVonne Seemann, Elisabeth Kingdon, Joan Heintzman, Kyanne Thul. * Members who resigned/terms expired from the Board: Mary Jane Markkula, Joan Heintzman, Scott Durand. MEETING DATES IN 1997 January 13, 1997 February 10, 1997 March 18,. 1997 April 7, 1997 May 19, 1997 June 16, 1997 July 21, 1997 September 15, 1997 October 20, 1997 November 10, 1997 SPEAKERS IN 1997 * Gayle Hallin, Bloomington Health Administrator, spoke to the board about Bloomington Public Health Division services. * Jan Bernards from Bloomington spoke to the board about Bloomington's tobacco ordinance. CITY OF RICHFIELD ADVISORY BOARD OF HEALTH MEMBERSHIP E Mary Jane Markkula, Chair Cindy Dubansky, Vice-Chair Russ Rooney John Malknecht Bill Swanson Janet Pierson Judy Thul David Delzer Scott Durand Joan Heintzman LaVonne Seemann, Elisabeth Kingdon Kyanne Thul Provider - Registered Nurse Provider-Social Worker Provider Consumer Consumer Provider-Home Health Aide Consumer Consumer High School Student Consumer Provider - Registered Nurse Provider - Physical Therapist High School Student • • LIAISON MEMBERS Martin J. Kirsch, Mayor and Richfield City Council Liaison Susan Rosenberg, Richfield City Council Alternate Liaison Betsy Christensen, Richfield City Staff Liaison Gayle Hallin, Bloomington Public Health Liaison ADDICTIONS WORKGROUP Mary Jane Markkula Cindy Dubansky Janet Pierson Scott Durand Joan Heintzman Kyanne Thul FAMILY ISSUES WORKGROUP Bill Swanson Judy Thul Elisabeth Kingdon LaVonne Seemann David Delzer MONITORING OTHER ISSUES WORKGROUP Russ Rooney John Malknecht • • CITY OF RICHFIELD, MINNESOTA Study Session Letter No. 20 Agenda April 6, 1998 Issue Statement: Discussion of development of an ordinance restricting tobacco and alcohol advertising on billboards within the City of Richfield. Background: At the March 9 City Council meeting, staff was directed to provide information regarding restricting tobacco advertising on billboards in Richfield. The City's legal counsel at Kennedy & Graven have prepared the attached memo regarding that topic. The conclusion of that memo is that if the City of Richfield decides to proceed with enacting an ordinance restricting tobacco and alcohol advertising, it must do so with caution in order to assure compliance with the First Amendment and the Federal Cigarette Labeling and Advertising Act. The City Attorney is recommending three steps prior to developing an ordinance including: • Review the current location of billboards within the City to determine which billboards would be subject to an ordinance regulating tobacco and alcohol • advertising. Specific consideration would be given to particular areas where children were expected to live, play, and attend school or religious institutions. • A plan for gathering information should be implemented. The information should include the review of studies detailing effects of tobacco and alcohol advertising on minors and identifying correlation between advertising and use of tobacco and alcohol products by minors. These studies would be listed as part of the Record of Decision regarding any Council action regulating tobacco and alcohol advertising. • After the first steps are completed, the City Attorney's office would contact the Baltimore city attorney's office to obtain more information about the process used to enact the ordinance regulating tobacco and alcohol advertising. This action would be taken in order to enhance the possibility that the City of Richfield ordinance would withstand a legal challenge. Recommended Motion: Provide direction to staff regarding the initiation of the steps necessary to prepare an ordinance restricting tobacco and alcohol advertising within the City of Richfield. Basis of Recommendation: The Council has directed staff to investigate developing such an ordinance. E • Alternative Recommendation: 1. The Council may wish to defer this item pending federal or state regulations restricting tobacco advertising which may result from tobacco litigation. 2. The Council has previously enacted an ordinance which would eliminate non- conforming outdoor advertising display billboards within the City. This would essentially eliminate the issue of tobacco and alcohol advertising on billboards. However, the ordinance does not require compliance until May 31, 2000. It is likely that the outdoor advertising companies will challenge the enforcement of that ordinance. Discussion/Decision Mode: This item will be presented for discussion at the City Council Study Session of April 6, 1998. Jt pectfully submitted, ~C4 e n L. De ' h Acting City Manager SLD:cak C7 dy LGraven MW4 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337-9300 telephone (612) 337-9310 fax e-mail: atrys@kennedy-graven.com ?r CORRINE H. THOMSON Attorney at Law Direct Dial (612) 337-9217 e-mail: cthomson@kennedy-graven.com March 30, 1998 James Prosser City of Richfield BY FAX AND MAIL 6700 Portland Avenue South Richfield, MN 55423 RE: Ordinance Restricting Alcohol and Tobacco Advertising Dear Jim: At its March 9 meeting, the city council asked for information about restricting tobacco advertising on billboards in the city. I asked Karen Carlson to research this issue, and her memorandum to the city council is enclosed. The following points bear emphasizing: • This is relatively untested ground. We have located only one court decision dealing with this type of ordinance, and it is from Baltimore, which is located in a different federal judicial circuit than Richfield. • The council should be aware that adopting a Baltimore-type ordinance will not necessarily achieve all of the council's objectives regarding tobacco advertising. The Baltimore ordinance did not ban alcohol and tobacco advertising along interstate freeways, and at this point in time, we cannot recommend that the council take a more aggressive stance than did the Baltimore council. • This type of ordinance is very likely to be challenged. The likelihood of a lawsuit should not necessarily deter the council from proceeding, but it is a factor the council should consider, along with the potential benefits of the ordinance. I will be available at the April 6 study session to answer any questions. Sincerely, Corrine H. Thomson Enclosure cc: Karen Carlson (w/o enc) CAH140695 RC145-317 MEMORANDUM DATE: March 30, 1998 TO: Richfield City Council FROM: Karen E. Carlson ,A `IU RE: Ordinances restricting tobacco and alcohol advertising. Corrine Thomson asked me to respond to your recent inquiry regarding the permissibility of ordinances regulating tobacco and alcohol advertising. The City of Richfield is considering enacting such an ordinance to restrict tobacco and alcohol advertising in areas frequented by minors. Bear in mind that advertisers of tobacco and alcohol may challenge an ordinance regulating advertising of such products by filing suit against the City. Plaintiffs who have challenged similar ordinances in other states have based their challenges on two grounds: the First Amendment and the Federal Cigarette Labeling and Advertising Act. Although there are no guarantees, following the guidelines specified in this memo will increase the possibility that the City of Richfield would prevail in a lawsuit challenging an ordinance regulating advertisements of tobacco and alcohol products. I. THE FIRST AMENDMENT. Advertising is a form of speech, so it is protected by the First Amendment. Therefore, regulations that restrict or limit advertising of tobacco and alcohol raise First Amendment issues. There are but a handful of reported cases around the country in which courts have ruled on the constitutionality of such regulations, but the regulations have been upheld when the enacting authority followed certain guidelines. Two cases arose in Maryland involving ordinances enacted by the City of Baltimore regulating tobacco and alcohol advertising. Those ordinances were upheld because the City of Baltimore had met constitutional requirements. Moreover, of significance in the case involving Baltimore's ordinance regulating alcohol advertising was the fact that the Maryland legislature had specifically authorized the City of Baltimore to enact such an ordinance. Since there are only two reported court decisions in which ordinances regulating tobacco or alcohol advertising were upheld, and those cases arose out of the State of Maryland, keep in mind the possibility that a state or federal court in Minnesota would strike down such an ordinance as violative of the First Amendment. Nonetheless, based on the court's decisions in the Baltimore cases, adherence to the following guidelines will enhance the possibility that a similar ordinance would be upheld as constitutional. First, the advertising must concern lawful activity and not be misleading. This requirement is actually one that must be satisfied by the advertisers. Since the purchase and consumption of tobacco and alcohol are generally lawful, and billboards advertising such products are not inherently misleading, this requirement is satisfied. Second, the City must have a substantial interest underlying the ordinance. For instance, promoting the welfare and temperance of minors by preventing them from purchasing and using tobacco and alcohol products has been upheld as a substantial interest. This is based on the more general proposition that the purchase and consumption of such products by minors is illegal. Therefore, the ordinance should include a section articulating the City's substantial interest. This could be a statement asserting that the purpose of the ordinance is to promote the welfare and temperance of minors exposed to advertisements for tobacco and alcohol by banning such advertisements in areas where children are expected to live, engage in recreational activities, or attend school or religious institutions. Third, the ordinance must directly advance the substantial interest asserted. To satisfy this requirement, the City should make a determination that there is a definite correlation between tobacco and alcohol advertising and the use of such products by minors. In the Baltimore cases, in which ordinances regulating tobacco and alcohol advertising were upheld, the city of Baltimore reached such a determination by conducting public hearings at which it heard testimony and received a number of previously conducted studies detailing the adverse effects on minors of tobacco and alcohol consumption and the correlation between underage drinking and advertisements of tobacco and alcohol products. Thus, before enacting an ordinance regulating tobacco and alcohol advertising, the Richfield City Council should hold public hearings and obtain as much information as possible to support a determination that (i) there is a clear relationship between tobacco and alcohol advertising and the use of such products by minors and (ii) tobacco and alcohol advertising plays a significant role in stimulating consumption of such products by minors. The City Council's findings and conclusions in support of the ordinance should be summarized in an introduction or preamble to the ordinance, including references to studies and any other information considered by the City Council. Fourth, the regulation may not be more extensive than is necessary to serve the asserted substantial interest. In other words, any restriction on tobacco and alcohol advertising must be as narrow as possible, so that advertisers of such products have sufficient alternatives for 2 disseminating information about their products. In the Baltimore cases, the restrictions on tobacco and alcohol advertising were limited to particular areas where children were expected to live, play, and attend school or religious institutions. In addition, the Baltimore ordinance contained eleven exceptions to the ordinance's application, including exceptions allowing tobacco and alcohol advertising at businesses licensed to sell such products, on taxicabs, at sports arenas, on property adjacent to interstate highways, and in business and manufacturing zones of the city. Thus, the ordinances at issue in those cases did not completely ban tobacco and alcohol advertising, nor did they place onerous restrictions on such advertising. Therefore, any ordinance enacted by the City of Richfield must carefully define the geographical areas in which tobacco and alcohol advertising will be restricted, ensuring that advertisers of such products have ample other opportunities to advertise their products without restriction. II. THE FEDERAL CIGARETTE LABELING AND ADVERTISING ACT. The Federal Cigarette Labeling and Advertising Act ("FCLAA") prevails over state or local laws regulating cigarette advertising based on health-related concerns. In other words, an ordinance that regulates cigarette advertising on the basis of health-related concerns is unenforceable, because it is preempted by the FCLAA. In order to avoid preemption, the City must ensure that ordinances restricting tobacco advertising do not do so as a means of regulating the health effects of tobacco. Therefore, neither the purpose of the ordinance nor its restrictions may be designed to address health concerns related to tobacco use. The City can avoid preemption by ensuring that the purpose of the ordinance is merely to reduce tobacco use by minors. Any incidental health benefits that result from such restrictions will not lead to preemption, as long as it is clear that achieving those health benefits was not the purpose behind the ordinance. Bearing in mind that it is illegal to sell cigarettes to minors, one way to do this is to carefully craft the language of the ordinance to state that its purpose is to promote the welfare of minors by restricting advertising of products that cannot legally be sold to children. Such a restriction does not specifically mention tobacco and so is less likely to violate the FCLAA. III. CONCLUSION AND RECOMMENDATIONS In conclusion, if the City of Richfield decides to proceed with enacting an ordinance regulating tobacco and alcohol advertising, it must do so with caution in order to assure compliance with the First Amendment and the FCLAA. Several steps should be taken prior to enacting such an ordinance. First, there should be a review of the location and potential locations of billboards within the City of Richfield to determine if there are any billboards that would be subject to an ordinance regulating tobacco and alcohol advertising. The City of Richfield's planning staff, with the assistance of our office if necessary, should be able to determine geographical areas to which restrictions on tobacco and alcohol advertising may apply. 3 Second, a plan for gathering information should be implemented. In the cases involving the Baltimore ordinances, the Baltimore city council had obtained copies of numerous studies detailing the effects of tobacco and alcohol advertising on minors and any correlation between such advertising and the use of tobacco and alcohol products by minors. Those studies were then listed in the ordinance along with the city council's findings and conclusions based on the results of the studies. Thus, it is imperative that the City of Richfield implement a similar information- gathering process. The Richfield staff and the Advisory Board of Health, with the assistance of our office if necessary, should create a plan for obtaining the data necessary to support a finding that tobacco and alcohol advertising has an adverse effect on minors. Third, our office will contact the Baltimore city attorney's office to obtain more information about the process they used to enact the Baltimore ordinance regulating tobacco and alcohol advertising. This will help us to get a better idea of other steps that may be advisable in order to enhance the possibility that the City of Richfield's ordinance would withstand a legal challenge. In addition, we will do further legal research to determine if there are other considerations that must be addressed under federal or state law. Fourth, if the council is inclined to adopt such an ordinance, we recommend that the staff and council proceed cautiously and allow ample time for legal research, information gathering, and discussions with affected advertising media. • 4 CITY OF RICHFIELD, MINNESOTA Study Session Letter No. 21 Agenda April 6, 1998 Issue Statement: Based on discussions with school staff and Department members about juvenile crimes and activities, Public Safety has identified the need for a second Juvenile Investigator/School Liaison Officer position. Background: In 1992, Public Safety identified the need for an officer to specialize in juvenile investigations and establish a close working relationship with the school district to meet the needs and demands of an increasingly troubled society. The City of Richfield addressed the needs of the youth and the school by establishing the position of Juvenile Investigator/School Liaison Officer. The school district aided in that effort in many ways, one of which was a yearly commitment of approximately $40,000 for nine months of service to help offset the costs incurred by the Public Safety Department. The cost to the City for this position, on a yearly basis, is $55,844. The City pays the additional $15,844. To this day, the school district and the City of Richfield enjoy a solid and effective working relationship that has been successful in many ways. The Juvenile Investigator/School Liaison Officer has been involved in several proactive programs. He instructed about 1,000 students, yearly, teaching them such things as alternatives to gangs, drugs and shoplifting. He found it necessary to turn down requests to teach in other areas due to lack of available time. The present Juvenile Investigator/School Liaison Officer has established a strong line of communication and cooperation with the schools, Public Safety, the community and other social agencies. Yet, the demands of troubled youth and their contact with the criminal justice system has increased dramatically over the years, which has hampered the effectiveness of this position. The number of juvenile arrests has increased steadily since 1992 with the exception of a slight drop in 1997. Currently, 1998 does not indicate any reduction of juvenile contacts. Available statistics for juveniles involved in crimes are as follows: CASES ARRESTS VS. W/JUVENILE SUSPECTS 1992 - 266 (Stats not available 1993 - 276 Prior to 1995) 1994 - 369 1995 - 404 639 1996 - 514 748 1997 - 490 665 Working with juveniles has become a specialty. The juvenile system operates under different rules and regulations than does the adult system. An effective juvenile investigator knows the system and the juvenile community. He/she knows who is committing crimes and with whom they associate. It becomes a matter of logic that the Juvenile Investigator works most juvenile cases. The workload for this officer is heavy and, consequently, many cases do not get the attention needed to work out the best possible solutions. The officer is frequently called from school property to investigate other cases involving juveniles. Patrol officers are then called to assist the school when problems arise. If two investigators were assigned, contact with juveniles and the school system would be more consistent. Consistency is a key word when working with juveniles. At times, other investigators are able to assist in juvenile investigations and do, in fact, handle most cases involving criminal sexual conduct, abuse and neglect of juveniles. However, they also believe the effects of an increasingly troubled society and have difficulty in maintaining their own case assignments. The school district has been concerned with the increase in demand for officer involvement within the schools and has increased their financial commitment from approximately $40,000 to $59,000 to help maintain the best learning environment possible. This school financial contribution is made available through a levy increase. The need for an additional Juvenile Investigator/School Liaison officer is evident to the school district and Public Safety. However, Public Safety does not have the personnel resources to fill the position. Each division within Public Safety has been adversely affected by increasing societal demands on the criminal justice system and cannot afford to lose any personnel. Salary and benefits for a new officer in 1998 total $42,537 a year. Thus, some additional funds will be needed from the 1998 budget to fund the additional City costs of this additional position. Based on the 1998 top police officer salary rate and benefits, the total cost for two Juvenile Investigator/School Liaison officers will be $111,689 a year. The school district will contribute approximately $59,000, which will leave $52,690 for the City to pay. It is important to note that the Officers will only be involved with the schools for nine months of a calendar year. Nine months of expenses, would be $83,767 a year. Recommended Motion: Authorization for Public Safety to increase licensed police officer staffing from 43 to 44, along with the necessary funds for 1998. Basis of Recommendation: 1. Juveniles, youth gangs, drugs and direct contact with school officials are a community priority. Public safety clearly is the focal point of these issues and yet the Public Safety Department, Police Division, is short on personnel to properly address them. The Public Safety Department considers the recommendation a good collaboration between the City and school district to combat against community-wide juvenile crimes and activities. Alternative Recommendation: 1. Do nothing and continue to attempt to meet the needs of Richfield youth with the present staff. 2. Remove an officer from another division within Public Safety to address the needs of Richfield youth, realizing that move will have an adverse effect on that Division. Discussion/Decision Mode: Authorize staff to include this position and funds in the 1998 Public Safety budget. The Juvenile Investigator/School Liaison Officer would be in position to begin duties by September 1, 1998. However, hiring would be completed by June 1, 1998, to allow for training of the new officer to replace the officer selected to fill the juvenile position. Another decision could be to not hire another officer until consideration of the 1998 Revised/1999 Proposed Budget, realizing that a second Juvenile Investigator/School Liaison Officer wouldn't be available until the new officer completes the Field Training Officer program. This program is 12 weeks in length. R!sp tfully submitted, even L. Devich Acting City Manager SLD:cak CITY OF RICHFIELD, MINNESOTA Study Session Letter No. 22 Agenda April 6, 1998 Issue Statement: Status presentation of Richfield cable television franchise upgrade. Background: Paragon Cable is now in the initial stages of rewiring the five cities of the Southwest Suburban Cable Commission with fiberoptic cable. This significant upgrade will provide City residents who subscribe to cable television with an expanded channel lineup and enhanced picture quality. Representatives from Paragon will be at the Study Session to brief Council Members on the likely schedule of such upgrades as well as some effects of the changes on items such as channel alignment and service tiers. Another collateral issue is the need for a site to place a small building to house the internal workings of the new system. As Council Members have been previously informed, one such location under consideration is along side of Fire Station II at 6401 Penn Avenue. However, Paragon is also evaluating other sites as well and has not yet decided on a location. Attached is a letter from Paragon outlining some of the issues regarding the system upgrade. Recommended Motion: Receive and discuss the status report on the cable franchise upgrade Basis of Recommendation: 1. The upgrade of the cable system in Richfield will likely occur in 1998. 2. Paragon Cable would like to inform the City Council on the status and impact of the upgrade. Alternative Recommendation: 1. The City Council could postpone this update to a different Study Session. 2. The City Council could schedule the update at a regular City Council meeting. Discussion/Decision Mode: This item has been scheduled at the April Study Session to provide a status report of the franchise upgrade prior to any construction or rewiring work being performed. k pe ully submitted, even L. Acting City Manager SLD:cak • P A R A G O N c A B L E M I N N E S O T A March 19, 1998 Mr. Steve Devich Assistant City Manager City of Richfield 6700 Portland Avenue Richfield, MN 55423 Dear Steve: t? We are writing to alert you to some upcoming changes to the Southwest Suburban cable channel lineup that may impact your city as Paragon begins upgrading the cable system. The following is a proposed plan regarding the channel lineup we will begin using in conjunction with our 0 upgrading in the Southwest Suburbs. These changes would take effect beginning with the activation of the first upgraded node estimated to take place by September 1998. The upgrade will begin in Hopkins, moving from one node to another. Each node is a distribution point that branches off of the mainline located in various areas of the city. The cable system branches out from the node into the neighborhoods it would serve. Node to node activation will allow our customers quicker access to the programming we will be providing. It is very possible that, for a brief period, portions of your city may receive the old channel lineup, while another may have the new programming. This process will take place in each city until all the nodes are connected. As I mentioned, the upgrade process begins in Hopkins and continues to Richfield. The upgrade should be completed for these two cities by the end of the 1998. Our plan is to complete Edina in 1998, however, if needed, we will complete the work during the first part of 1999. We will complete the upgrade in Eden Prairie and Minnetonka during 1999. The four primary objectives to be accomplished with the new upgrade lineup are: a reduction in the number of traps necessary to secure Standard services to just one "trap"; the elimination of the Limited service; move scrambled services to the top end of the system frequency spectrum; and group current and new cable channels into similar subject matter. As you may know, Paragon uses a "trapping" technology to secure the various tiers of programming to assure that only those customers subscribing and paying for a level of service can and are receiving it and to enable customers who do not want a converter to get the cable programming service tier channels. Paragon's proposed plan is to simplify our current trapping by reducing the number of traps used. By removing a trap, we will be eliminating a level of service • currently known as the Limited Package. 801 Plymouth Avenue North, Minneapolis, Minnesota 55411 Customer Service 612/522-2000 Administration 612/522-5200 FAX 612/521-7626 TDD 612/522-4538 A Time Warner Inc. Company The trap removal will require the relocation of programming such as the PEG channels and broadcast channels. PEG channels will need to be lowered in the lineup to accommodate both the Basic and the Basic with Standard Package customers. Please note the municipal, educational, and public access channels will likely be moved to accomplish this programming change. We would also need to receive permission from broadcast channels KVBM channel 40, and KXLI channel 41, to move their programming to lower channel locations. In addition, we are considering grouping channels by category. For example, we plan to cluster channels together related to the arts, music, family, sports and so on. The plan is that by placing programming by categories throughout the spectrum, it will promote greater use of the entire channel lineup. As I mentioned, these are proposed plans and are subject to change. If you have any questions or concerns, please contact me at 287-3659. Sincerely, Arlen Mattern Public Affairs Administrator Cc: Southwest School Representatives Delpha Harris n CITY OF RICHFIELD, MINNESOTA Study Session Letter No. 23 Agenda April 6, 1998 Issue Statement: Review of 1998 Board of Equalization procedures. Background: The 1998 Richfield Board of Equalization is scheduled for Monday, May 4, 1998 at 7:00 p.m. in the Council Chambers of City Hall, 6700 Portland Avenue. As provided by City Charter, the Board of Equalization consists of the Mayor, Council Members and two citizens appointed by the City Manager with the confirmation by City Council. Mr. Lawrence Emond and Mr. Glenn Erickson were recently appointed to serve on the 1998 Board of Equalization. The duties and responsibilities of the Board of Equalization are established by State law. In general, it is the Board's responsibility to hear appeals by property owners regarding the estimated market value established by the City Assessor and to determine if market values should be adjusted. The appeal is to address market values rather than tax rates or other concerns which property owners may bring up to the Board. The Richfield property assessment was conducted through a contract with Hennepin County which is supervised by the Administrative Services Department. Staff works closely with Hennepin County Property Appraisers to ensure that the local assessment complies with the provisions of the law. In order to prepare for the Board of Equalization meeting scheduled for May 4, 1998 a review session has been established for April 6, 1998. At that meeting Larry Miller, the Hennepin County Principal Property Appraiser assigned to Richfield, will present information pertaining to the 1998 assessment and Board of Equalization process. Recommended Motion: It is recommended that the Council prepare for the Board of Equalization with a presentation from Larry Miller. Basis of Recommendation: 1. It is important to review significant property appraisal issues prior to the time of the meeting. 2. It is important for the Board to review their statutory responsibilities prior to the meeting. Alternative Recommendation: None. Discussion/Decision Mode: This matter will be presented at the Study Session on April 6, 1998. mi d, ;even sp cu k Acting Ci ty Manager SLD:cak Copy: Larry Miller Lawrence Emond Glenn Erickson CITY OF RICHFIELD COUNCIL STUDY SESSION MONDAY, APRIL 6, 1998 0 LOCAL BOARD OF REVIEW INFORMATION 0 Ww w N N N N N N N N N N N XERXES AVE. WASHBURN L VINCENT Ili UPTON I?f THOMAS r(? SHERIDAN II RUSSELL I? QUEEN II PENN AVE. OLIVER NEWTON I MORGAN LOGAN KNOX JAMES IRVING 00 HUMBOLDT GIRARD FREMONT EMERSON t'r DUPONT rII COLFAX I. BRYANT ALDRICH LYNDALE AVE. ,T GARFIELD (j HARRIET 1 GRAND' PLEASANT PILLSBURY II WENTWORTH I? BLAISDELL HICOLLET AVE. 1 Ist STEVENS I i 2nd 3rd i 1 CLINTON 4th 5th I PORTLAND AVE. 11 OAKLAND Ii PARK 111 COLUMBUS 1 I CHICAGO I 1 II I ELLIOT? I I 10th ?I I 11 It, 12 th 11I 13 th 14 th i 1 15 th I I BLOOMINGTON 16th i? 17 th Il 18 th CEDAR AVE. 1 ' LONGFELLOW __ ??-?•_.._ =mar- -^`?r'"--1 1?? 00 o0 000 7-P zzz? IN - I- f D O ^? v z r x r ^' o I r F x o JOB i c U0?0 OLJOD ?U U r m m v I DOOOC - C7OODC - `? IU 'UiUUI_J m s z > > ? n qn ? v m r ?,'• XERXES AVE. II WASHBURN VINCENT UPTON J THOMAS i SHERIDAN RUSSELL QUEEN I? PENN AVE. 1 II OLIVER NEWTON MORGAN LOGAN KNOX - ?! JAMES IRVING HUMBOLDT i I GIRARD I. h FREMONT EMERSON II DUPONT I II ?' 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Background: The alley policy adopted by the City Council in December 1980 (see attached) provides that "all costs involved in maintaining an alley will be assessed against the property abutting the alley." The assessment served as an encouragement to homeowners to have the City pave their alley. In 1981, the maintenance provided for unpaved alleys included sweeping, cleaning of potholes and cold patching. The maintenance costs for unpaved alleys were significantly higher than with the paved alleys. With most alleys paved and sealed, City staff is suggesting that the alley maintenance assessment be terminated. The small $10,000 per year assessment for routine (including plowing and sweeping; excluding sealing and patching) maintenance is costly to administer. This year's joint sealing project will complete the cycle, which means all of the paved alleys will have had the joints cleaned and resealed once since 1989. It is staffs opinion that this sealing process could be stopped. Regular snowplowing and minor maintenance could be financed through the General Fund. Major maintenance can be performed when a petition from affected residents is received. • Recommended Motion: No action required at this time. However, Council typically considers special assessment maintenance projects for the coming year in the summer of the current year. City staff is seeking direction for this year's assessment process. Basis of Recommendation: 1. The annual $10.75 special assessment for current services provided for maintenance of alleys is considered by some to be a minor dollar amount and the maintenance provided routine. 2. Special assessments for alley maintenance, especially if a high percentage of cost is related to administrative matters, is considered by some to be better funded through the City's General Fund. Alternative Recommendation: Continue the special assessment project for current services provided for alley maintenance. Discussion/Decision Mode: This discussion item is on the April 6, 1998 Council Study Session agenda. Council will not be formally considering future special assessment for alley maintenance until the summer of 1998. Ze eully sub itted, n L. Devich Acting City Manager SLD:cak 7 RESOLUTION NO.6345 • RESOLUTION ESTABLISHING AN ALLEY POLICY BE IT RESOLVED by the City Council of ,the City of Richfield, Minnesota, as follows: 1. All costs involved in maintaining an alley will be assessed against the property abutting the alley. 2. An alley paving project may be initiated on an alley by petition signed by the property owners of over 50 percent of the abutting proper _y . . ..._,. r .3. All costs involved in the paving of an alley will be assessed against the abutting property except that should a lot have an alley on two primary sides, the property will be assessed only for the shorter of the two sides. 4. Residential properties will be assessed for one-half the cost of paving the full width of the abutting alley unless the property is opposite commercial property in which case it is assessed one-fourth the cost of paving the full width.. 5. Commercial alleys will be assessed for three-fourths of the cost of paving the full width of the alley. • 6. The City of Richfield will pay the costs of paving an alley ,lot abutting assessable property. 7. The type of surface will be chosen at the time the contract :S awarded on the first alley paring project. 8. A minimum of six alleys in one cluster (as defined by the city engineer) or ten alleys regardless of cluster is required for a project. 9. The deadline for the submittal of petitions is February 1st o: each Year. Passed by the City Ccuncil of the City of Richfield this 2?h day of December, 1980. Ponaid J. Priebe Mayor • . "ST: • .x'1.7 n. ?,'?`??ja? :1.:Llall l•? L.it??.. CITY OF RICHFIELD, MINNESOTA Study Session Letter No. 25 Agenda April 6, 1998 Issue Statement: Status of airport related issues. Background: Recent developments regarding airport issues include the following: • Runway 4-22 Litigation: Steve Pflaum submitted the City of Richfield's Reply Brief to Eighth Circuit Court of Appeals. In his opening statement, Pflaum states that, "The heart of Respondents' [FAA] defense of the FEIS is their assertion that this Court should defer to the FAA's expertise and judgment." Richfield's position is however, that "this is a case about the FAA's ability to prepare an EIS that ignores critical information provided by its own experts." The document includes the following arguments: - The FEIS is based on a gross overstatement of the number of departures that could be shifted to Runway 22. The FEIS's failure to analyze impacts after 1996 violates NEPA and the FAA's • own regulations by failing to include the requisite analysis of long-term environmental impacts. - Respondents' rationale for rejecting a residential soundproofing alternative is refuted by the FAA's own evidence concerning the efficacy of that proposal. The FAA's own evidence reveals that the FEIS is a post-hoc rationalization of a preconceived decision to approve the project. Pflaum concludes the reply brief by listing numerous deficiencies of the FEIS and stating that any one of the problems would require rejection of the document. An appellate judge will now need to listen to oral arguments by the FAA, MAC and City of Richfield before making a decision on the suit. Oral arguments will most likely take place this summer, with a decision shortly following. Increased Use During Reconstruction: Barely into the first week of April and already complaints are coming in about the noise over southeast Richfield. As previously mentioned, the Metropolitan Airports Commission (MAC) began reconstruction on the northwest end of the south parallel runway. As a result, up to 200 more aircraft will be using Runway 4/22 for departures over Richfield and Bloomington. Reconstruction on the northwest end of the runway is scheduled to end in August of • this year. For the remainder of the year, the use of Runway 4/22 will return to its very low levels. The southeast portion is scheduled for reconstruction between April and August of next year. Increased use of 4/22 will again take place at that time. • • Closing of Standish Avenue In May, the Metropolitan Airports Commission will be closing Standish Avenue from 66th Street to 28th Avenue. This permanent closure is necessitated by the relocation of the FAA's localizer antenna for the construction of the temporary south parallel runway and (according to MAC staff) due to the construction of the north-south runway this year. • Proposed Runway 17-35 Don Brauer, Chuck Dayton (Environmental Legal Counsel), Jim Prosser and Dawn Weitzel met with the technical representatives of the Environmental Quality Board March 10. The presentation dealt with three issues: MAC's environmental review process should be consolidated, an analysis of individual impact areas needs to be strengthened, and low frequency noise must be included as an impact to be mitigated. The technical representatives were responsive to the City's information on issues, but gave the impression that they didn't know what action they could take when it came to the MAC. Jim Prosser then made a presentation to the Environmental Quality Board on March 19. He reiterated the need to address and mitigate for low frequency noise, and combine all major 2010 Capital Improvement Projects into one EIS. The City made the following recommendations: • Communicate to the Metropolitan Airports Commission the need to address low frequency noise impacts. • Require the MAC to develop a new draft EIS that encompasses the 2010 Comprehensive Plan. This will incorporate the various projects in a manner consistent with State and Federal law. • Communicate to the MAC the need to specifically improve the quality of the DEIS [a more detailed analysis of project impacts]. • Communicate to the MAC the need to include a mitigation plan for low frequency noise impacts. The EQB members were very receptive to Richfield's unique circumstances. At the conclusion of the meeting, Chair Rod Sando stated that the MAC would need to address the Board regarding Richfield's concerns and then the EQB staff would make recommendations based on Richfield's and MAC's presentations. Runway 17-35 Environmental Impact Statement: Now that Nigel Finney has declared that the Environmental Impact Statement for proposed Runway 17-35 is due out on April 24, the City has less time than expected to receive residential input. Community input will be used to develop a mitigation report that will submitted to all state agencies involved in the approval of the new runway. Vivian Hart and Julianne Manship sent a mailing to 120 people whose names are on the City's airport issues mailing list. These are mainly east Richfield residents. The mailing urged their participation in the community participation process. Approximately 50 people showed up for the April 1 team meeting. The group was coached on team building and organizing. On Saturday, April 4, the same residents will be briefed on all aspects of the new runway issue. Meeting Dates Wednesday 4/1: First team meeting 7-9 p.m. at City Hall Team will be discussing leadership roles and active participation. Saturday 4/4: Second team meeting 10 am - 1 p.m. at City Hall Educational and resident input session. Tuesday 4/7: Notices are mailed City wide with schedule of upcoming community meetings and open house. Community Meetings (identical information will be provided at each) Tuesday 4/14: First community meeting 10 a.m. - 12 p.m., at Assumption Church (St. Joe's Hall). Wednesday 4/15: Second community meeting 7-9 p.m. , at Assumption Church (St. Joe's Hall). Saturday 4/18: Open house 10 a.m. - 1 p.m., at City Hall Tuesday 4/21: Third community meeting 7-9 p.m., at Elliot Education Center Tuesday 4/28: Planning Commission meeting. Discuss and review results of process, possibly endorse a redevelopment concept as part of the mitigation strategy. That concept would eventually become an amendment to the Comprehensive Plan. The organizers are preparing an outline to be followed at the various meetings. Don Brauer, Jim Prosser, Dawn Weitzel, and Planning Commission Members will be involved in the meetings. Ballfield Legislative Hearings The bill to privde funding for ballfield replacement through MAC is currently in the House Senate Conference Committee. A hearing was scheduled for Thursday, April 2. • Airport Complaint Calls The City has received numerous complaint calls about current levels of nighttime ground level noise. Since the beginning of January the City has received about 65 airport complaint calls. Not only is this number much higher than what MAC's Complaint Line receives, the calls are reflective of citizens' views about MAC's unresponsiveness to answering resident questions. Approximately 3/4 of the complaint calls dealt with run-ups, maintenance activity and the testing of engines. 6 While residents were annoyed that the noise lasted for hours at a time, they were most angry that the noise was so great after 11 p.m. and before 5 a.m. Jim Prosser wrote a letter to Jeff Hamiel, MAC Executive Director, stating that Richfield finds it essential that MAC staff continuously evaluate the sources of nighttime noise and work with the operators to minimize noise impacts during these late hours. • MASAC Meeting At the March 31 MASAC meeting, Council Member Stokes brought forth two issues to be discussed. She first stated that the City was still receiving numerous complaint calls regarding nighttime ground level noise operation and questioned why this was occurring. Roy Fuhrmann, MAC staff, assured MASAC members that the noise was currently being analyzed. He stated that a report would be given to MASAC' at its April meeting. As MASAC was discussing its goals for the year, Council Member Stokes stated that she would like the group to undertake a study of low frequency noise and its impacts. Although the addition of this item was not dismissed, it is unclear if the chair of MASAC will schedule this topic for discussion at upcoming meetings. Dawn Weitzel will work with Council Member Stokes to prepare a Council resolution regarding MASAC's study of low frequency noise. • New Ford Town and Rich Acres Acquisition The March report has not been received. Recommended Motion: Discuss current airport issues. Basis of Recommendation: It is important for the Council to provide direction to staff regarding airport concerns. Alternative Recommendation: Defer discussion to another date. Discussion/Decision Mode: This matter will be discussed at the Study Session of April 6, 1998. Respectfully submitted, -All Steven L. Devich Acting City Manager SLD:ds CITY OF RICHFIELD Memorandum DATE: April 1, 1998 TO: City Council Members FROM: James D. Prosser, City Manager SUBJECT: Airport Mitigation Strategy On Friday, March 27 staff met with Vivian Hart and Julianne Manship to discuss the communication and citizen participation strategy as it relates to the north-south runway. Unfortunately we have been forced to greatly accelerate the process schedule as MAC is now indicating that the FEIS will be released on April 24. After its release, and publication in the EQB Monitor, a biweekly publication of the Environmental Quality Board, there is a public comment period of 10 working days. If the FEIS is actually released on April 24, notice of its release would appear in the EQB Monitor on May 4. The 10 working day clock would begin at that point. Based on that schedule, the City's response would need to be delivered no later than Monday, May 18. A great deal of activity will therefore be condensed into the next month. The goal is to have a mitigation strategy, including the land use component, that has been reviewed critiqued and endorsed by the community before the public comment period expires. The organizers sent a mailing to 120 people whose names are on the city's airport issues mailing list. These are mainly east Richfield residents. The mailing urged their participation in this process. So far, 28 people have responded and are interested in participating along with a spouse or neighbor. An additional 20 residents will be trying to make it to the meeting. This group is invited to the first two meetings and has been identified as the team. They will receive training in team building and organizing. They will also be briefed on all aspects of the runway issue and they will then, hopefully, take a lead role in getting information to other residents. Meeting Dates 0 Wednesday 4/1: First team meeting 7-9 p.m. at City Hall Team will be discussing leadership roles and active participation. 4/1/98 Page 2 Saturday 4/4: Second team meeting 10 am - 1 p.m. at City Hall Educational and resident input session. Tuesday 4/7: Notices are mailed city wide with schedule of upcoming community meetings and open house. Community Meetings (identical information will be provided at each) Tuesday 4/14: First community meeting 10 a.m. - 12 p.m., at Assumption Church (St. Joe's Hall). Wednesday 4/15: Second community meeting 7-9 p.m. , at Assumption Church (St. Joe's Hall). Saturday 4/18: Open house 10 a.m. - 1 p.m., at City Hall Tuesday 4/21: Third community meeting 7-9 p.m., at Elliot Education Center Tuesday 4/28: Planning Commission meeting. Discuss and review results of process, possibly endorse a redevelopment concept as part of the mitigation strategy. That concept would eventually become an amendment to the Comprehensive Plan. The organizers are know preparing an outline to be followed at the various meetings. In addition to themselves, the others participating in these meetings will be Don Brauer, Dawn Weitzel, Planning Commissioners, and myself. The organizers are aware that the Planning Commissioners not only want to be involved, but need to be involved. Again, the hope is to be able to present a community-backed response in a timely manner. If you have questions please call me, or our organizers, Vivian Hart and Julianne Manship, at 491-6153. 0 CITY OF RICHFIELD, MINNESOTA Study Session Letter No. 26 Agenda April 6, 1998 Issue Statement: Council discussion relating to Council salaries. Background: Mayor Kirsch has requested that discussion relating to Council salaries be placed on the April 6, 1998 Study Session agenda. Council Memorandum No. 51 which was distributed on March 27 provides background information related to Council salaries. The 1998 salary adjustment for employees in the General Services and Management pay plans was 3%. Recommended Motion: Council Members should discuss whether or not an ordinance amendment regarding Council salaries should be prepared and scheduled for first reading atthe April, 13 regular City Council meeting. Basis of Recommendation: 00 1. Mayor Kirsch has requested this item be placed on the April 6 Study Session agenda. 2. In June 1987, Council Members adopted a polity to review Council salaries. The policy statement provides that in years a municipal election is to be held, the Council shall establish a revised pay schedule for the Mayor and Council Members. Alternative Recommendation: 1. The Council could defer discussion of this item to another Study Session. Discussion/Decision Mode: This item has been placed on the April 6 Study Session agenda. Respe tfully submitted, r, Steven L. De Acting City Manager SLD:cak 0