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11-13-1989CITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING November 13, 1989 MEMBERS PRESENT: Steven Quam, Mayor; Edwina Garcia; Ivan Ludeman; Martin Kirsch; and Michael Sandahl (arrived at 7:07 p.m.) STAFF PRESENT: James Prosser, City Manager; Steven Devich, Administrative Services Director; Thomas P. Ferber, City Clerk; Byron Wallace, Community Development Director; Jack Erskine, Public Safety Director; William Fillmore, Liquor Operations Director; Gretchen Blank, Leisure Services Coordinator; and John Dean, City Attorney. The meeting was called to order by Mayor Quam at 7:00 p.m. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Quam led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Kirsch, S/Ludeman to approve the minutes of the Joint CitX Council/School Board Meeting of October 23, 1989• the minutes of the regular City Council Meeting of October 23, 1989• and the minutes of the Special City Council Meeting of November 6, 1989. Motion carried 4-0. (Sandahl not present when this vote was recorded.) ` Item #1 PRESENTATION OF SOUTHWEST SUBURBAN CABLE COMMISSION ANNUAL REPORT AND PROPOSED 1990 BUDGET. C.L. N0. 245 Adrian Herbst, coordinator for the Southwest Suburban Cable Commission (SWSCC), reviewed the SWSCC Annual Report and Proposed 1990 Budget. Council Member Ludeman stated support for the proposed budget and the new local access news program which had been discussed at the last SWSCC meeting. M/Ludeman, S/Sandahl to accept and approve the Southwest Suburban Cable Commission Annual Report and 1990 Budget. Motion carried 5-0. Council Meeting Minutes -2- November ~.~, 1989 Item #2 PRESENTATION TO LIL HIPP, COMMUNITY CENTER MANAGER; HOWARD ROWLAND, PERSONNEL MANAGER; AND BILL FILLMORE, LIQUOR OPERATIONS FOR EXCEEDING THE CITY'S UNITED WAY GOAL. C.L. NO. 246 Mayor Quam presented Certificates of Appreciation to Lil Hipp, Community Center Manager, Howard Rowland, Personnel Manager, and Bill Fillmore, Liquor Operations Director in recognition of their work on the United Way Campaign. City Manager Prosser thanked all the City Employees for their support of United Way. Item #3 PRESENTATION TO ANN SIGFORD, NATURE CENTER MANAGER, AND MEMBERS OF THE NATURE CENTER STAFF FOR RECEIPT OF THE GOVERNOR'S CERTIFICATE FOR QUALITY SERVICE. C.L.N0.247 Mayor Quam acknowledged Ann Sigford, Wood Lake Nature Center Manager, and the Nature Center staff for providing superior customer service which resulted in receipt of a Minnesota Quality Service Award from the Minnesota Council for Quality. Ann Sigford presented and recognized the family of John Kustermann, Cindy Wagar, Anna Wagar-Kustermann, and Jake Wager- Kustermann as an example of the excellent volunteers that assist the Nature Center staff with their programs. Item #4 PRESENTATION OF THE ADVISORY BOARD OF HEALTH'S ANNUAL REPORT. C.L. N0. 248 Randy Roehl, Chair of the Richfield Advisory Board of Health, presented and summarized the Board of Health's 1988 Annual Report. He indicated the Hoard will focus on three mayor issues: 1) Child and domestic abuse; 2) Drug and alcohol abuse; and 3) Toxic waste control. He stated that the Board also is examining the possibility of an ordinance to eliminate cigarette vending machines in the City. n i ~ I ~~ The City Council thanked the Board of Health for their efforts and work. The City Council accepted and approved by unanimous consensus the Richfield Advisory Board of Health's 1988 Annual Report. Council Meeting Minutes -3- November 13, 1989 Item #5 OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON ANY ITEM NOT LISTED ON THE AGENDA. No one wished to address the council. Item #6 COUNCIL APPROVAL OF AGENDA M/Sandahl, S/Ludeman to approve the agenda. Motion carried 5-0. Item #7 CONSENT CALENDAR A. APPROVED AUTHORIZATION TO EXECUTE CONTRACT WITH HENNEPIN COUNTY FOR PROPERTY INFORMATION SYSTEM. C.L. 249. B. APPROVED AWARD OF CONTRACT FOR PRINTING OF SEASONAL RECREATIONAL BROCHURES TO ARTCRAFT PRESS IN THE AMOUNT OF $29,694. C.L. 250. C. APPROVED AWARD OF CONTRACT FOR GOLF CART RENTAL TO E-Z GO DIVISION OF TEXTRON, INC. FOR 1990, 1991, AND 1992 FOR AN ESTIMATED COST OF $17,700. C.L. 251. D. APPROVED RESOLUTION TO APPROVE CONTRACT WITH HENNEPIN COUNTY FOR REIMBURSEMENT OF 80$ RECYCLING COSTS. C.L. 252. RESOLUTION N0. 7561 RESOLUTION EXECUTING 1989 RECYCLING CONTRACT WITH HENNEPIN COUNTY This Resolution appears as Resolution No. 7561 in Resolution Book No. 58. E. APPROVED AWARD OF CONTRACT FOR PURCHASE OF FIRE RESCUE EQUIPMENT. TO MET FIRE & EQUIPMENT IN THE AMOUNT OF $11,900.00 C.L. 253. F. APPROVED SETTING HEARING FOR LIQUOR LICENSE RENEWALS FOR COUNCIL MEETING OF DECEMBER 11. C.L. 254. Council Meeting Minutes -4- November 13, 1989 G. APPROVED SETTING HEARING FOR WINE LICENSE RENEWALS FOR COUNCIL MEETING OF DECEMBER 11. C.L. 255. H. APPROVED AGREEMENT WITH HENNEPIN COUNTY COMMUNITY HEALTH DEPARTMENT TO RECEIVE STATE SUBSIDY 1990-1991. C.L. 256. I. APPROVED KENNEL LICENSE, RESIDENTIAL, JANET MORRISON, 6337 21ST AVENUE SOUTH, 5 DOGS. J. APPROVED KENNEL LICENSE, RESIDENTIAL, MARGARET LEFEBVRE, 7325 GIRARD AVENUE SOUTH, 4 DOGS. K. APPROVED KENNEL LICENSE, RESIDENTIAL, CATHERINE POLAND, 6337 22ND AVENUE SOUTH, 3 CATS. L. APPROVED ESTIMATE #1, F.F. JEDLICKI, STORM SEWER IMPROVEMENTS, 66TH STREET MORGAN-NEWTON $22,362.29. M. APPROVED ESTIMATE #l, PROGRESSIVE CONTRACTOR, INC. REPAIR OF SIDEWALK CURB AND GUTTER $24,001.48. ~tT o APPROVED FINAr ?~A%ME~tT'!~' E o E o RELR~TL~R ~ S©~TS $? , 69©. ©© FOES WELL NO. 2 DEVELOPMENT. O. APPROVED ESTIMATE #1, S.M. HENTGES & SONS, INC. STORM SEWER IMPROVEMENTS, 66TH STREET, FOURTH AND FIFTH AVENUES $27,688.25. M/Sandahl, S/Garcia to approve the consent calendar. Motion carried 5-0. Item #8 AMENDMENT TO THE ZONING ORDINANCE WHICH WOULD PERMIT TRANSITIONAL ACTIVITIES IN A C-3 ZONING DISTRICT. C.L. N0. 257 City Manager Prosser reviewed Council Letter No. 257 regarding a proposed zoning ordinance amendment which would permit certain transitional activities in a C-3 Zoning District. He stated the only C-3 zoning district in the City is in the ILN area. John Kean, Attorney representing Terry Feldmann's Imports, Inc. a property owner in the ILN, spoke in support of the proposed ordinance amendment. He requested that his client be allowed to file an application for a permit for staff and Planning Commission review prior to the effective date of the ordinance. He stated this would allow for quicker consideration since the application would then be ready for council consideration shortly after the effective date. Council Meeting Minutes -5- November 13, 1989 City Manager Prosser stated that the City Council should act on the ordinance prior to consideration of Mr. Keane's request. M/Sandahl, S/Kirsh to close the public hearing. Motion carried 5-0. M/Sandahl, /Ludeman that this constitute Second Reading of Bill No. 1989-10; Amendment to Chapter V, Section 520 of the Ordinance Code of the City of Richfield; that it be published in the official newspaper and that it be made part of these minutes. Motion carried 5-0. After review by City Attorney Dean, it was the consensus of the City Council that, if they chose to do so, that City staff and the Planning Commission may at their discretion, accept and review applications for Transitional Activity Permits prior to the effective date of the ordinance amendment. Item #9 APPROVAL OF RESOLUTION APPROVING 1989-1990 POLICE SUPERVISORS CONTRACT. C.L. NO. 258 City Manager Prosser reviewed Council Letter No. 258 recommending approval of a labor agreement with the Richfield Police Supervisory Association for the years 1989 and 1990. M/Ludeman, 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. 7562 RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND THE RICHFIELD POLICE SUPERVISORY ASSOCIATION BARGAINING UNIT FOR THE YEARS 1989 AND 1990 Motion carried 4-0. (Council Member Sandahl was absent when this vote was recorded.) This resolution appears as Resolution No. 7562 in Resolution Book No. 58. Item #10 RESOLUTION REGARDING INSURANCE CONTRIBUTIONS FOR GENERAL SERVICES AND MANAGEMENT EMPLOYEES. C.L.N0.259 City Manager Prosser reviewed Council Letter No. 259 regarding designation of the City's contribution toward health, term like, long-term disability, and dental insurance premiums for General Services and Management employees. Council Meeting Minutes -6- November 13, 1989 M/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. 7564 RESOLUTION DESIGNATING CITY'S CONTRIBUTION TOWARD HEALTH, TERM LIFE AND DENTAL INSURANCE PREMIUM FOR GENERAL SERVICES AND MANAGEMENT EMPLOYEES Motion carried 5-0. This resolution appears as Resolution No. 7564 in Resolution Book No. 58. Item #11 RESOLUTION ADOPTING THE PROPOSED TAX LEVY AND 1989 REVISED AND 1990 PROPOSED BUDGETS. C.L. N0. 260 City Manager Prosser reviewed Council Letter No. 260 regarding adoption of a proposed 1990 property tax levy and proposed 1990 Hudget. City Council Members reviewed the impact of the compromise tax bill passed by the State Legislature in September. The tax bill reduced Local Government Aid (LGA) to the City of Richfield by $872,298. However, the law provides that each city's levy limit may be adjusted to compensate for the lost LGA. Richfield property owners are not likely to feel a dramatic impact from this 16~ increase in local tax levy. The reason is that state aids (LGA) taken from the City will be transferred to the school district. It appears that School District 280's increase in aids will at least equal the amount lost by the City. School districts, under the compromise tax bill, are required to lower their tax levy by the amount of the increased aids. The net result of this revenue shift should be neutral to Richfield taxpayers. Council Members also expressed concern about the impact on City residents of the Hennepin County levy, the proposed cuts to local Human Service programs by Hennepin County, and the impact of state mandated programs on local and county budgets. M/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 N0. 7563 RESOLUTION ADOPTING A PROPOSED BUDGET AND TAX LEVY FOR THE YEAR 1990 Motion carried 5-0. This resolution appears as Resolution No. 7563 in Resolution Book No. 58. Council Meeting Minutes -7- November 13, 1989 Item #12 SETTING DATE FOR BUDGET HEARING. C.L. NO. 261 City Manager Prosser reviewed Council Letter No. 261 regarding the designation of a public hearing date for consideration and adoption of the 1989 Revised/1990 Proposed Budgets and tax levy. M/Sandahl, S/Kirsch to schedule a public hearing for consideration and adoption of the 1989 Revised/1990 Proposed Budgets and tax levy for: Wednesday, December 6, 1989 5:30 P.M. Richfield City Hall Council Chambers 6700 Portland Avenue South Motion carried 5-0. 1 If additional time is needed, the hearing will be reconvened on Wednesday, December 13, 1989 at 5:30 P.M. at the same location. Item #13 CONSIDERATION OF AN APPLICATION FOR A TEMPORARY ON-SALE AND SUNDAY INTOXICATING LIQUOR LICENSE FOR THE GROUND ROUND, INC. LOCATED AT 1500 EAST 78TH STREET IN RICHFIELD. C.L. NO. 262 8 Public Safety Director Erskine reviewed Council Letter No. 262 regarding an application for a temporary on-sale and Sunday Intoxicating Liquor License for the Ground Round, Inc. 1500 East 78th Street. He indicated an impending stock ownership change would necessitate issuance of a temporary license until completion of the Public Safety investigation and conduct of the public hearing for a regular license on December 11, 1989. Mayor Quam stated that the applicant should understand that council approval of this temporary license does not have a bearing on the council's December 11, 1989 hearing and decision regarding a regular license. The applicant's attorney indicated their understanding of this matter. M/Sandahl, SJQuam to approve a temporary On-Sale and Sunday Liquor license for the Ground Round Inc. 1500 East 78th Street until December il~ 1989 at which time a request to approve a regular On-Sale and Sunday Liquor License will be submitted for City Council consideration. Motion carried 5-0. Council Meeting Minutes -8- November 13, 1989 Item #14 SETTING EXECTJTIVE SESSION FOR NEGOTIATIONS. C.L. N0.263 City Manager Prosser reviewed Council Letter No. 263 regarding setting of a date for an Executive Session of the City Council to discuss labor contract negotiation issues. He indicated labor consultant Cy Smythe would be invited to loin the discussion with key staff employees and the City Council. Council Member Ludeman stated strong opposition to the use of Cy Smythe as a labor consultant. City Manager Prosser stated that he had recommended Mr. Smythe because of his extensive experience. He stated that there were two separate issues the city council should consider: 1) the determination of conducting an Executive Session, and 2) whether to use labor consultant Cy Smythe. M/Kirsch, S/Sandahl to schedule an Executive Session of the City Council for Monday, December 4. 1989 at 7:00 p.m. for the purpose of discussing labor negotiation strategy issues. Motion carried 5-0. M/Ludeman, S/Kirsch to use a labor consultant other than Cy Smythe for the discussion of labor negotiation issues. The City Council discussed the merits of using Cy Smythe as a labor consultant and Council Member Ludeman's objection to him. After discussion Mayor Quam polled the-vote. Motion carried 5-0. Item #15 LEGISLATIVE REPORT Mayor Quam reviewed the current status of Hennepin County proposed funding reductions for Storefront/Youth Action and South Hennepin Human Services. The City Council discussed the negative impact these budget cuts will have on Human Services for local residents. 1 City Manager Prosser stated that Senator Dave Durenberger had responded to the City's concerns regarding the Runway 4-22 Extension Scoping document by sending letters to the involved agencies. Mayor. Quam stated that on behalf of the City Council he would thank Senator Durenberger for his support. Council Meeting Minutes Item #16 COUNCIL DISCUSSION ITEMS None Item #17 CLAIMS AND PAYROLLS -9- November 13, 1989 M/Ludeman, S/Sandahl that the following claims and payrolls be approved: RICHFIELD STATE BANK Checks 12088-12168; 106790-107141 $1,470,666.18 FIRST MINNESOTA Check 1098 $ 15,000.00 FIRST WESTERN BANK Checks 5222-5255 $1,094,034.55 Checks 30260-30290; 31080-31450 10/26/89 Payroll $ 327,287.97 31451-31483; 31489-31856 11/09/89 Payroll $ 324,764.88 Motion carried 5-0. ADJOURNMENT The meeting was adjourned by unanimous copse at 8• p Date Approved: 12/11/89 S v Q Mayor ~~ Thomas P. Ferber City Clerk J s D. Prosser C Manager