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03-09-1992CITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING March 9, 1992 MEMBERS PRESENT: Martin Kirsch, Mayor; Ivan Ludeman; Michael Sandahl; Kristal Stokes; and William Bullock. STAFF PRESENT: James Prosser, City Manager; Steven Devich, Administrative Services Director; Thomas P. Ferber, City Clerk; Donald Fondrick, Community Services Director; Byron Wallace, Community Development Director; Jack Erskine, Public Safety Director; William Fillmore, Liquor Operations Director; and John Dean, City Attorney. The meeting was called to order by Mayor Kirsch at 7:00 p.m. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Kirsch led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Bullock, S/Stokes to approve the minutes of the regular Citv Council Meeting of February 24, 1992; and the minutes of the City Council Study Session of March 2. 1992. Motion carried 5-0. Item #1 OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL ON ANY ITEM NOT LISTED ON THE AGENDA. No one wished to address the Council. Item #2 COUNCIL APPROVAL OF AGENDA M/Ludeman, S/Bullock to approve the agenda. Motion carried 5-0. Council Meeting Minutes Item #3 CONSENT CALENDAR -2- March 9, 1992 3A. APPROVED RESOLUTION PROVIDING FOR POLLING PLACES AND DESIGNATING ELECTION JUDGES FOR APRIL 7, 1992 PRESIDENTIAL PRIMARY ELECTION C.L. 55 RESOLUTION N0. 7849 RESOLUTION PROVIDING FOR POLLING PLACES AND DESIGNATING JUDGES FOR THE PRESIDENTIAL PRIMARY ELECTION OF APRIL 7, 1992 This resolution appears as Resolution No. 7849 in Resolution Book No. 61. B. APPROVED RESOLUTION DECLARING OFFICIAL INTENT OF CITY TO REIMBURSE CERTAIN EXPENDITURES FROM PROCEEDS OF BONDS TO BE ISSUED BY THE CITY AND RESCINDING RESOLUTION NO. 7791 C.L. 56 - RESOLUTION NO. 785® RESOLUTION DECLARING THE OFFICIAL INTENT OF THE CITY OF RICHFIELD TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY AND RESCINDING RESOLUTION 7791 This resolution appears as Resolution No. 7$50 in Resolution Book No. 61. C. APPROVED RESOLUTION REGARDING APPROVAL OF 1991 LABOR CONTRACT FOR THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 1215 C.L. 57 RESOLUTION NO. 7851 RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 1215 BARGAINING UNIT FOR THE YEAR 1991 This resolution appears as Resolution No. 7851 in Resolution Book No. 61. D. APPROVED AGREEMENT WITH THE CITY OF MINNEAPOLIS TO PROVIDE ENGINEERING SERVICES TOWARD COMPLETION OF APPLICATION FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT C.L. 58 i i Council Meeting Minutes -3- March 9, 1992 E. APPROVED AGREEMENT FOR ENGINEERING SERVICES FROM BRAUN INTERTEC PAVEMENT, INC. TO DESIGN OVERLAYS ON LYNDALE AVENUE AND 76TH STREET FOR AN AMOUNT NOT TO EXCEED $21,676 C.L. 59 F. APPROVED BID MINUTES/TABULATION AND AUTHORIZATION OF PURCHASE OF TRAILER-MOUNTED VACUUM UNIT FROM FLEXIBLE PIPE TOOL COMPANY FOR TOTAL SUM OF $19,990 C.L. 60 G. APPROVED PURCHASE IN EXCESS OF $5,000 FOR ONE HYDRAULIC CYLINDER FROM M & M HYDRAULIC COMPANY FOR THE AMOUNT OF $8,667.30 C.L. 61 H. APPROVED PURCHASE IN EXCESS OF $5,000 FOR REMOVAL, REPAIR AND INSTALLATION OF DEEP WELL IRRIGATION PUMP AT RICH ACRES GOLF COURSE FROM LAYNE MINNESOTA COMPANY FOR AN ESTIMATED AMOUNT OF $10,232 C.L. 62 I. APPROVED PURCHASE IN EXCESS OF $5,000 FOR ONE AUTOMATIC MANHOLE CUTTER FROM MACQUEEN EQUIPMENT, INC. FOR THE AMOUNT OF $12,450 C.L. 63 J. APPROVED ESTIMATE #5 PAYMENT FOR VETERANS MEMORIAL PARK BUILDING, R.P. VOGEL & COMPANY, 532,589.00 M/Stokes, S/Sandahl to approve the consent calendar. Motion carried 5-0. Item #4 PUBLIC HEARING AND CONSIDERATION OF RESOLUTION APPROVING PROPOSED PROGRAM FOR YEAR XVIII URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZING SUBMITTAL. C.L. NO. 64 City Manager Prosser reviewed Council Letter No. 64 recommending the following allocation of Year XVIII Urban Hennepin County Community Block Grant funding: 1. Housing Improvement: a. Housing Rehabilitation b. Scattered Site Housing 2. Public Service: a. H.O.M.E. b. Child Day Care c. Skills 2000 $ 86,620 $ 72,210 $ 15,000 $ 7,269 S 6,000 Total $187,099 Jim Nicholie, Associate Director of the Greater Minneapolis Day Care Association, stated that increased federal and state funding availability has reduced their reliance on city funding. Council Meeting Minutes -4- March 9, 1992 M/Bullock, S/Ludeman to close the public hearing. Motion carried 5-0. M/Ludeman, S/Stokes 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. 7852 RESOLUTION APPROVING PROPOSED PROGRAM FOR YEAR XVIII URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZING ITS SUBMITTAL Motion carried 5-0. This resolution appears as Resolution No. 7852 in Resolution Book No. 61. Item #5 CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDMENT TO PERMIT SALE OF BEER AND WINE COOLERS AT AUGSBURG PARK, TAFT PARK AND VETERANS MEMORIAL PARK OF l~Yf~gY~EYEY,fl. C.Y,. ~i'®. ~5 City Manager Prosser reviewed Council Letter No. 65 regarding a proposed ordinance amendment which under certain circumstances would allow the sale and consumption of beer and wine coolers by permit at Augsburg Park, Taft Park, and Veterans Memorial Park of Richfield. Council Member Sandahl noted that drinking by softball teams at Taft Park had been an ongoing problem. He asked if it would be appropriate for the City to sell beer at these events to provide for more control. City Manager Prosser stated that this idea could be reviewed and allowed by ordinance if the City Council approves it. City Attorney Dean reviewed subdivision 3(a) which provides that permits would be issued only when sales are ancillary to a civic or community event. Council Member Stokes asked about staffing for such events. Community Services Director Fondrick indicated that if the City was involved, the City would staff it; if an organization is running it, the organization would staff it. Council Member Ludeman asked questions about issues related to the length of the permit, permit fee, and approval process. Council Meeting Minutes - .-5- March 9, 1992 City Attorney Dean reviewed subdivision 3(a) and (b) which provides that the City has to approve the duration of the permit and that sales are permitted between the hours of 8:00 a.m. and 10:00 p.m. only. Mr. Dean stated that the fees would be set by resolution of the City Council if the-ordinance is approved. He indicated the fee could be structured to have a non-refundable processing fee as part of the permit fee. He stated that the ordinance as drafted provides that permits be approved by the City Manager. Council Member Sandahl suggested that in the first year all requests come before the Council so that they are aware of what events are requesting permits. Discussion followed regarding providing an evaluation period or test period for the ordinance. Greg Allers, 7501 2nd Avenue, Chair of the Community Services Commission, spoke in support of the ordinance. Council Member Ludeman stated concerns about underage drinking and enforcement issues in the parks. Council Member Sandahl stated that these problems exist with or without this ordinance. He stated the proposed ordinance would increase control of drinking iri the parks. Sue Sandahl, Community Services Commission, reviewed the history of the issue and indicated that some community groups had suggested that beer sales be allowed for community events such as the Fourth of July Celebration.. The groups could then utilize the sales to assist in fundraising. Council Member Bullock asked if this ordinance would allow company .picnics or family reunions to have beer in the parks by permit. Sue Sandahl stated that the ordinance as drafted did not allow these events because of the insurance issue. Don Cederholm, 6214 5th Avenue, read a statement (Clerks file #C-326) in opposition to the proposed ordinance. Council Member Ludeman spoke in opposition to the proposed ordinance. Council Member Bullock suggested that $300 be the minimum amount deposit required for deposit. City Attorney Dean stated that the ordinance could be amended to reflect a minimL~m deposit. Council Meeting Minutes -6- March 9, 1992 Council Member Ludeman asked questions about the administrative costs related to the permit and whether fee waivers would be allowed. Public Safety Director Erskine reviewed the types of costs which may be incurred reviewing individuals associated these types of civic organizations. City Attorney Dean stated that the ordinance has no provision for a fee waiver. City Manager Prosser summarized,~the issues raised up by the Council to be incorporated•into the proposed ordinance prior to second reading: 1. That $300 be set as tha_minimum deposit to reimburse the City for park cleanup costs. 2. That there be an evaluation period for the ordinance. 3. That the processing portion of the fee be nonrefundable. 4. That no waiver of the permit fee be allowed. 5. That the permits be approved by the City Council during a specific t~°ial g~eri©d. M/Ludeman, S/Stokes that this constitute the First Readincr of this ordinance and that the Public Hearing and Second Reading of the ordinance be scheduled for-the April 13, 1992 City Council meeting .and that the following concepts be incorporated: • 1. That $300 be set as ~~he minimum deposit to reimburse the City for park cleanup costs. 2. That there be an evaluation period for the ordinance. 3. That the processing ~~ortion of-the fee be•nonrefundable. 4. That no waiver of the permit fee be allowed. 5. That the permits be approved by the City Council during a specific trial period. , Motion carried 3-2. (Ludeman and Kirsch opposed) Item #6 CONSIDERATION O•F ztESOLfJ'!'ION AUTHORIZING ACQUISITION OF 6501 15TH AVENlJE AND F?RST READING OF.TRANSITORY ORDINANCE AUTHORIZING SALE OF 6501 ?5TH AVENUE. C.L. NO. 66 City Manager Prosser reviewer Council Letter No. 66 regarding consideration of 3 resolution authorizing the acquisition of 6501 15th Avenue .for the purpose of allowing the Council Meeting Minutes -7- March 9, 1992 HRA to proceed with a new construction Vo-Tech project and the first reading of an ordinance authorizing sale of the property to t~1~iF~A . 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. 7853 THE CITY OF RICHFIELD CALLING FOR ACQUISITION AND A PUBLIC HEARING ON THE SALE OF CERTAIN LAND 6501 15TH AVENUE SOUTH Motion carried 5-0. This resolution appears as Resolution No. 7853 in Resolution Book No. 6'1. M/Sandahl, S/Ludeman that this constitute the First Readincr of this ordinance and that the Public Hearing and~Second Readincr of the ordinance be scheduled for the April 13, 1992 City Council meeting. Motion carried 5-0. Item #7 CONSIDERATION OF APPROVAL OF AUTHORIZATION TO PROCEED WITH HIRING CONSULTANT TO PREPARE PLANS AND SPECIFICATIONS FOR MINIATURE GOLF COURSE PER ADOPTED 1992 CAPITAL BUDGET. C.L. N0. 67 City Manager Prosser reviewed Council Letter No. 67 regarding authorization to hire a consultant to prepare plans and specifications for a miniature golf course at Veterans Memorial Park of Richfield as provided in the 1992 capital Budget. Council Member Ludeman commended staff for providing the financial proforma information. He indicated that the project should be successful, but cautioned that the cost of borrowing does increase the total costs of such projects. He stated concern about the mention of expansion in the project description. Council Member Bullock indicated that the p~ro~ect would provide the utility capacity so that it could be expanded if it was proven to be a feasible and sound decision. M/Sandahl, S/Ludeman to authorize City staff to contract with a miniature golf design consultarit~to provide design and construction oversight for the miniature golf course at Veterans Memorial Park of Richfield. Motion carried 5-0. Council Meeting Minutes Item #8 AIRPORT STATUS REPORT -8- March 9, 1992 City Manager Prosser reviewed the following airport issues: LEGISLATION 1. Representative Vanasek has introduced legislation to have the Minnesota Advisory Council on Metropolitan Airport Planning review the Dual Track Process. 2. Representative Garcia has introduced legislation which would require the completion of a F.A.A. capacity study of MSP prior to the Extension of Runway 4-22. 3. Senator Riveness and Representative Garcia have introduced legislation seeking to require mitigation measures to be funded by passenger facility charges. NEW FORD TOWN/RICH ACRES BUYOUT The New Ford Town and Rich Acres Neighbors Committee has scheduled a meeting with legislators. RUN UP NOISE Council Member Stokes reviewed the changes in MSP run up policy which will limit the hours of run ups with a quiet time of 11-6 a.m. for runway 4 and no runups daily from 12-5 a.m. COMMUNICATIONS WITH MAC COMMISSIONER JAN DEL CALZO Mayor Kirsch reviewed his correspondence with MAC Commissioner Jan Del Calzo regarding her misrepresentation of the City's pbsition regarding New Ford Town and Rich Acres issues. Item #9 LEGISLATIVE REPORT City Manager Prosser reviewed the impact of Governor Carlson's proposal to balance the State budget. He stated that the proposal would result in a loss of $791,139 to the City in 1993. Such a reduction could require actions such as mayor service reductions, the layoff of 20 employees, and/or a property tax increase. 1 Council Member Ludeman suggested that the City consider a freeze on filling open positions. Council Meeting Minutes -9- March 9, 1992 City Manager Prosser stated position openings would be evaluated with this in mind, although some positions are "project" funded rather than funded from the general fund. Mayor Kirsch summarized discussions held at a meeting of Mayors with Governor Carlson regarding ideas to lessen the impact on cities and ways to address the State's budget problems. Council Member Ludeman stated frustration about how the State had consistently increased their budget by 10~ - 115 and is now trying to balance their budget by cutting cities. He stated they should focus on their own programs and revenue sources. Item #10 COUNCIL DISCUSSION ITEMS Council Member Bullock reviewed an article that appeared in the Star Tribune regarding the Richfield Women of Today sale of a cookbook "Rainbow of Recipes" as a fundraiser for the family of Charley Turner who died in the Gulf War. He stated they are available by contacting Laurie Dockendorf, 861-7262 or by writing the Richfield Women of Today, 6744 16th Avenue. Item #11 CLAIMS AND PAYROLLS M/Ludeman, S/Sandahl that the following claims and payrolls be approved: RICHFIELD BANK & TRUST CO. Checks 15032-15087; 31689-31908 $910,845.84 NORWEST BANK Check 1133 $ 10,000.00 FIRSTAR BANK Checks 6687-6706 $661,607.31 Checks 54924-54958; 55299-55591 $336,319.20 Motion carried 5-0. ~_ ~ Council Meeting Minutes -10- ADJOURNMENT M/Bullock, S/Sandahl to adjourn the meeting. Motion carried 5-0. The meeting was adjourned at 8:37 p.m. Date Approved: 3/23/92 ~~~ ~~~ Thomas P. Ferber City Clerk March 9, 1992 Martin J. K ch Mayor Ja es Prosser C y Manager 1