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11-13-1993CITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING December 13, 1993 MEMBERS PRESENT: Martin Kirsch, Mayor; Michael Sandahl; Susan Rosenberg; Russ Susag; and Don Priebe. STAFF PRESENT: James Prosser, City Manager; Steven Devich,' Administrative Services Director; Thomas Ferber, City Clerk; Donald Fondrick, Community Services Director; Byron Wallace, Community Development Director; Jack Erskine, Public Safety Director; William Fillmore, Liquor Operations Director; and Jim Thompson, Acting 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. 1 APPROVAL OF MINUTES M/Sandahl, S/Susag to approve the minutes of the regular City Council Meeting of November 22, 1993; and the minutes of the Special City Council Meeting of December 1, 1993. 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 #5 COUNCIL APPROVAL OF AGENDA M/Susag, S/Priebe to approve the agenda. Motion carried 5-0. Council Meeting Minutes -2- December 13, 1993- Item #4 CONSENT CALENDAR 3A. APPROVED CONTINUATION OF AGREEMENT WITH CITY OF BLOOMINGTON FOR PROVISION OF INSPECTIONAL SERVICES FOR RICHFIELD FOR 1994 C.L. 333 B. APPROVED RESOLUTION IN SUPPORT OF APPLICATION TO BOARD OF GOVERNMENT INNOVATION AND COOPERATION FOR HIGH SPEED BUS PLANNING C.L. 334 RESOLUTION NO. 8074 RESOLUTION IN SUPPORT OF AN APPLICATION FOR SERVICE BUDGET MANAGEMENT MODEL GRANT This resolution appears as Resolution No. 8074 in Resolution Hook No. 62. C. APPROVED RESOLUTION IMPLEMENTING WETLAND CONSERVATION ACT OF 1991 AND RULES OF MINNESOTA BOARD OF WATER AND SOIL RES©L~iCES C . r, . 335 RESOLUTION NO. 8075 RESOLUTION TO IMPLEMENT THE WETLAND CONSERVATION ACT OF 1991 (MINN. LAWS 1991 CHAPTER 354, AS AMENDED) AND THE ACCOMPANYING RULES OF THE MINNESOTA BOARD OF WATER AND SOIL RESOURCES (MINN. RULES CHAPTER 8420, AS AMENDED) This resolution appears as Resolution No. 8075 in Resolution Book No. 62. D. APPROVED CITY MANAGER'S REAPPOINTMENT OF VERN LUETTINGER AS HEARING EXAMINER FOR TWO YEAR TERM WHICH EXPIRES DEC. 31, 1995. C.L. 336 E. APPROVED RESOLUTION AUTHORIZING PURCHASE OF TOTAL PETROLEUM, 7645 LYNDALE AVENUE; 77TH STREET PROJECT C.L. 337 RESOLUTION N0. 8076 RESOLUTION AUTHORIZING PURCHASE OF REAL PROPERTY 7645 LYNDALE AVENUE SOUTH 77TH STREET PROJECT This resolution appears as Resolution No. 8076 in Resolution Hook No. 62. F. APPROVED PURCHASE IN EXCESS OF $5,000 FOR ASBESTOS REMOVAL FROM ROOF AT RICHFIELD ICE ARENA FROM SAFEAIR SYSTEMS, INC. IN ESTIMATED AMOUNT OF $9,500 C.L. 338 Council Meeting Minutes -3- December 13, 1993 G. APPROVED PURCHASE IN EXCESS OF $5,000 FOR CARBON DIOXIDE ESSENTI~i~ IN WATER TREATMENT FROM KOCH CARBON DIOXIDE COMPANY TN AMOUNT OF APPROXIMATELY $9,000 C.L. 339 H. APPROVED PURCHASE IN EXCESS OF $5,000 FOR HYDROFLUOSILICIC ACID REQUIRED FOR WATER TREATMENT FROM FEED-RITE CONTROLS, INC. IN ESTIMATED YEARLY TOTAL OF $7,560 C.L. 340 I. APPROVED BID MINUTES/TABULATION AND AWARD OF CONTRACT FOR 1994 TRASH PICKUP AND RECYCLING COLLECTION SERVICES AT CITY- OWNED FACILITIES TO QUALITY WASTE CONTROL IN ESTIMATED AMOUNT OF 519,944.94 C.L. 341 J. APPROVED OF APPLICATION FOR RENEWAL OF RESIDENTIAL KENNEL LICENSE, 6633 15TH AVENUE, 2 DOGS AND 4 CATS C.L. 342 K. APPROVED ESTIMATE #3 PAYMENT FOR WATER TREATMENT PLANT MODIFICATION; PAGE ELECTRICAL CONTRACTING, INC.; $15,675.00 L. APPROVED ESTIMATE #5 PAYMENT FOR WATER TREATMENT PLANT MODIFICATIONS; BOR-SON CONSTRUCTION; $433,172.00 M. APPROVED ESTIMATE #7 PAYMENT FOR SHELTER CONSTRUCTION AT NICOLLET PARK CP 889; EBERT CONSTRUCTION; $9,886.65 N. APPROVED THE FOLLOWING 1994 LICENSE APPLICATIONS: AAGARD SANITATION: GARBAGE HAULER; 2 VEHICLES AIRPORT & AIRLINE TAXI: TAXICAB; 35 VEHICLES BOONE TRUCKING, INC.: GARBAGE HAULER; 2 VEHICLES ---- DICK'S SANITATION SERVICE: GARBAGE HAULER; 3 VEHICLES GALLAGHER'S SERVICE: GARBAGE HAULER; 1 VEHICLE PAUL'S RENTALS & SALE: RENTAL OF TRAILERS & TRUCKS RICHFIELD-BLOOMINGTON HONDA: MOTOR VEHICLE DEALER RICHFIELD MITSUBISHI: MOTOR VEHICLE DEALER TIP TOP CAR WASH: CAR WASH TOTAL SANITATION COMPANY: GARBAGE HAULER; 1 VEHICLE ULTIMATE DETAILERS: AUTO DETAILING WALSER BUICK: MOTOR VEHICLE DEALER M/Sandahl, S/Susag to approve the consent calendar. Motion carried 5-0. Item #4 PUBLIC HEARING TO CONSIDER 1994 CLUB ON-SALE AND SUNDAY LIQUOR LICENSES FOR FRED BABCOCK V.F.W. POST NO. 5555, 710 LAKE SHORE DRIVE. C.L. NO. 343 City Manager Prosser stated that there were applications for two 1994 Ciub On-Sale and Sunday Liquor Licenses, three On-Sale Wine and non-intoxicating Malt Liquor Licenses, and one On-Sale Wine License on the agenda for council consideration. He indicated that staff had prepared a report for each application. Council Meeting Minutes -4- December 13,: 1993 Public.$afety Director Erskine indicated that some of the applicants' ~~were~ ~:n the proce~s~>:of submitting the' required certificates-for insurance and bonds; therefore, the granting of these licenses would be contingent upon receipt of the required documentation. No one in attendance wished to-speak on any of the applications after the public hearings were opened by the City Council. Therefore,- the City Council closed the public hearings and took action on each of the applications. M/Sandahl, S/Priebe to close the public hearing. Motion carried 5-0. M/Sandahl, S/Susag to aDDrove the granting of the 1994 Club conditions of Resolution No 7380 and contingent upon the submittal of the required bond. Motion carried 5-0. Item #5 PUBLIC HEARING TO CONSIDER 1994 CLUB ON-SALE AND SUNDAY LIQUOR LICENSES FOR MINNEAPOLIS-RICHFIELD AMERICAN LEGION POST 435, 6501 PORTLAND AVENUE. C.L. NO. 344 M/Sandahl, S/Priebe to .close the public hearing. Motion carried 5-0. M/Sandahl, S/Susag to approve the granting of the 1994 Club On-Sale and Sunday Liquor Licenses to the Minneapolis/Richfield American Leqion Post #435 located at 6501 Portland Avenue South. subject to the conditions of Resolution No. 7380. Motion carried 5-0. Item #6 PUBLIC HEARING TO CONSIDER 1994 ON-SALE AND SUNDAY LIQUOR LICENSES FOR RICHFIELD RESTAURANT ACQUISITION CO. D/B/A CHAMPPS SPORTS CAFE, 790 WEST 66TH STREET. C.L. NO. 345 M/Sandahl, S/Priebe to close the public hearing. Motion carried 5-0. Council Meeting Minutes -5~ December 13, 1993 M/Sandahl, S/Susag to approve the granting of the 1994 On- Sale and Sunday Liquor Licenses to Richfield Restaurant Acquisition Co. d/b/a Champ s~~orts Cafe located at 790 West 66th Street, subject to the conditions of Resolution No 7380. Motion carried 5-0. 1 Item #7 PUBLIC HEARING TO CONSIDER 1994 ON-SALE AND SUNDAY LIQUOR LICENSES FOR PAISAN INCORPORATED D/B/A KHAN'S MONGOLIAN BARBECUE, 500 EAST 78TH STREET. C.L. NO. 346 M/Sandahl, S/Priebe to close the public hearing. Motion carried 5-0. M/Sandahl, S/Susag to approve the granting of the 1994 On- Sale and Sunday Liquor Licenses to Paisan Incorporated, d/b/a Khan's Mongolian Barbecue, 500 East 78th Street, subject to the conditions of Resolution No. 7380. Motion carried 5-0. Item #8 PUBLIC HEARING TO CONSIDER 1994 ON-SALE AND SUNDAY LIQUOR LICENSES FOR CHI-CHI'S USA, INC. D/B/A CHI CHI'S MEXICAN RESTAURANTE, 7717 NICOLLET AVENUE. C.L. NO. 347 M/Sandahl, S/Priebe to close the public hearing. Motion carried 5-0. M/Sandahl, S/Susag to approve the granting of the 1994 On- Sale and Sunday Liquor Licenses to Chi-Chi's USA, Inc, d/b/a Chi Chi's Mexican Restaurante, 7717 Nicollet Avenue, subject to the conditions of Resolution No. 7380. Motion carried 5-0. Item #9 PUBLIC HEARING TO CONSIDER 1994 ON-SALE AND SUNDAY LIQUOR LICENSES FOR GROUND ROUND OF MINN. INC. D/B/A THE GROUND ROUND, 1500 EAST 78TH STREET. C.L. NO. 348 M/Sandahl, S/Priebe to close the public hearing. Motion carried 5-0. Council Meeting Minutes- -6- December 13, 1993 M/Sandahl, S/Susag to approve the granting of the. 1994 On- Sale and Su}~day Liquor Licenses to Ground Round of Minn. Inc. d b/a The Ground.Round located at 1500 East 78th Street, subject to the conditions of Resolution No. 7380. Motion carried 5-0. Item #10 PUBLIC HEARING TO CONSIDER 1994 ON-SALE WINE AND NON- INTOXICATING MALT LIQUOR LICENSES FOR MILLER'S FIRESIDE PIZZA INC., 6736 PENN AVENUE. C.L. NO. 349 M/Sandahl, S/Priebe to close the public hearing. Motion carried 5-0. M/Sandahl, S/Susag to approve the granting of the 1994 On- Sale Wine and Non-Intoxicating Malt Liquor Licenses for Miller's Fireside Pizza 6736 Penn Avenue, subject to the conditions of Resolution No. 7380 and contingent upon submittal of proof of the Y~~~~Y~~ ~©Y~eY~' c©mpen~ati©n in~uxance c©veYaae. Motion carried 5-0. Item #11 PUBLIC HEARING TO CONSIDER 1994 ON-SALE WINE AND NON- INTOXICATING MALT LIQUOR LICENSES FOR DAVANNI'3 INC. D/B/A DAVANNI'S PIZZA AND HOT HOAGIES, 2312 WEST 66TH STREET. C.L. NO. 350 M/Sandahl, S/Priebe to close the public hearing. Motion carried 5-0. M/Sandahl, S/Susag to approve the granting of the 1994 On- Sale Wine and Non-Intoxicating Malt Liquor Licenses for Davanni's Pizza and Hot Hoagies, 2312 West 66th Street, subject to the conditions of Resolution No. 7380 and contingent upon submittal of proof of the required commercial general liability insurance coverage, and workers' compensation insurance coverage. Motion carried 5-0. 1 Item #12 PUBLIC HEARING TO CONSIDER 1994 ON-SALE WINE AND NON- INTOXICATING MALT LIQUOR LICENSES FOR GN NG INC. D/B/A SILVER SPOON RESTAURANT, 6700 PENN 66TH STREET. C.L. NO. 351 Council Meeting Minutes -7- Decemb®r 13, 1993 M/Sandahl, S/Priebe to close the public hearing. Motion carried 5-0. M/Sandahl, S/Susag to approve the granting of the 1994 On- Sale Wine and Non-Intoxicating Malt Liquor Licenses for GN NG Inc d/b/a Silver SDOOri Restaurant, 6700 Penn Avenue, subject to the conditions of Resolution No. 7380. Motion carried 5-0. Item #13 PUBLIC HEARING TO CONSIDER 1994 ON-SALE WINE LICENSE FOR KIANG'S RED PEPPER, INC. D/B/A RED PEPPER CHINESE RESTAURANT, 2902 WEST 66TH STREET. C.L. NO. 352 M/Sandahl, S/Priebe to close the public hearing. Motion carried 5-0. M/Sandahl, S/Susag to approve the granting of the 1994 On- Sale Wine License for Kiang's Red Pepper, Inc. d/b/a Red Pepper Chinese Restaurant, 2902 West 66th Street, subject to the conditions of Resolution No. 7380. Motion carried 5-0. Item #14 PUBLIC HEARING TO CONSIDER 1994 PAWNBROKER AND SECONDHAND GOODS DEALER LICENSE FOR FIREARM SYSTEMS AND DESIGN, D/S/A THE GUN SHOP AND PAWNBROKER, 7529 LYNDALE AVENUE. C.L. N0. 353 Public Safety Director Erskine reviewed Council Letter No. 353 regarding the application of Firearm_Systems and Design, d/b/a The Gun Shop and Pawnbroker, 7629 Lyndale Avenue, for a 1994 pawnbroker and secondhand goods dealer license. Council Member Rosenberg suggested that City staff review ways to discontinue this business due to the concerns of the neighbors about having a gun shop nearby. Council Member Priebe noted that the Council had recently passed an ordinance restricting the location of pawn shops. City Manager Prosser indicated 'that the staff could review zoning and licensing restrictions on gun shops. Councii Meeting Minutes -8- December 13, 1993 After further discussion, it was the consensus of the City Council that the City staff be instructed to review legal options for the restriction, regulation, or discontinuance of this. type of business. M/Sandahl, S/Susag to close the public hearin Motion carried 5-0. M/Sandahl, S/Susag to approve the issuance of a 1994 pawnbroker license and 1994 secondhand goods dealer license to Firearm $_ystems and Design, d/b/a The Gun Shop and Pawnbroker, 7429 Lyndale Avenue contingent. upon submittal of the required 51500 bond. Motion carried 4-1. (Rosenberg opposed) Item #15 PUBLIC HEARING TO CONSIDER 1994 PAWNBROKER AND SECONDHAND GOODS DEALER LICENSE FOR PLAZA PAWN, 6414 NICOLLET AVENUE. C.L. NO. 354 Public Safety Director Erskine reviewed Council Letter No. 354 regarding the application of Plaza Pawn, 6414 Nicollet Avenue, for a 1994 pawnbroker license and secondhand goods dealer license. M/Sandahl, S/Susag to close the public hearing. Motion carried 5-0. M/Susag, S/Sandahl to approve the issuance of a 1994 pawnbroker license and 1994 secondhand goods dealer license to Plaza Pawn, 6414 Nicollet Avenue. Motion carried 5-0. Item #16 PUBLIC HEARING AND SECOND READING OF ORDINANCE AMENDMENT TO REZONE THE FOLLOWING MULTIPLE RESIDENCE PROPERTIES: 1) 6615 ELLIOT AVENUE, 6614 AND 6615 10TH AVENUES, AND 6614 11TH AVENUE TO SINGLE FAMILY RESIDENCE; 2) 901 EAST 66TH STREET AND 6600 10TH AVENUE TO MULTI-FAMILY RESIDENCE; AND 3) A SMALL PARCEL OF LAND WITHIN VETERANS MEMORIAL PARK AT 64TH AND PORTLAND TO SINGLE FAMILY RESIDENCE. C.L. NO. 355 City Manager Prosser reviewed Council Letter No. 355 regarding a proposed ordinance amendment to rezone the following Council Meeting Minutes -9- December 13, 1993 multiple residence properties: 1) 6615 6615 10th Avenues, and 6614 11th Avenue residence; 2~~ 901 East 66th Street and family residence; and 3) a small parcel Memorial Park at 64th and Portland to s Elliot Avenue, 6614 and to Single Family 6600 10th Avenue to multi- of land within Veterans ingle family residence. M/Sandahl, S/Susag to close the public hearing. Motion carried 5-0. M/Sandahl, S/Priebe that this constitute Second Reading of Bill No. 1993-20 amendment to Appendix I, that it be published in the official newspaper and that it be made part of these minutes. Motion carried 5-0. Item X17 CONSIDERATION OF RESOLUTION AUTHORIZING PURCHASE OF 1524 AND 1600 EAST 77TH STREET AND ADJOINING VACANT PARCEL; 77TH STREET PROJECT. C.L. NO. 356 City Manager Prosser reviewed Council Letter No. 356 regarding a proposed purchase of property at 1524 and 1600 East... 77th Street for right-of-way for the 77th Street Project. Acting City Attorney Thompson suggested that the resolution in the Council packet be amended by adding the following clause: "Whereas, the property owner has agreed to dismiss with prejudice a separate lawsuit against the City". M/Sandahl, S/Susag that the following resolution be adopted as amended; that it be spread in the resolution book and that it be made mart of these minutes: RESOLUTION NO. 8077 RESOLUTION AUTHORIZING PURCHASE OF REAL PROPERTY 1524 AND 1600 EAST 77TH STREET 77TH STREET PROJECT Motion carried 5-0. This resolution appears as Resolution No. 8077 in Resolution Book No. 63. Item #18 CONSIDERATION OF RESOLUTION GIVING PRELIMINARY APPROVAL TO ISSUANCE OF REFUNDING BONDS IN CONNECTION WITH MARKET TOWERS APARTMENTS PROJECT UNDER MN STATUTES, CHAPTER 462C AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS. C.L. NO. 357 Council Meeting Minutes -10- December 13, 1993 City Manager Prosser reviewed Council Letter No. 357 regarding a resolution giving preliminary approval to the. issuance of refunding bonds in connection with the Market Towers Apartments Project under Minnesota Statutes, Chapter 462C and authorizing the preparation of the necessary documents. M/Priebe, S/Rosenberg that the following resolution be adopted; that it be spread in the resolution book and that it be made mart of these minutes: RESOLUTION NO. 8078 RESOLUTION GIVING PRELIMINARY APPROVAL TO THE ISSUANCE OF REFUNDING HONDS IN CONNECTION WITH MARKET TOWERS APARTMENTS PROJECT UNDER MINNESOTA STATUTES, CHAPTER 462C AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS Motion carried 5-0. This resolution appears as Resolution No. 8078 in Resolution Book No. 63. Y ~~ ~r19 C®~~aYDRRATY®E~ ®~° RRS®Y.~Y®~~ PR®VYDY~7G ~'®R Y~uRUA~7CR AZT SALE OF $575,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 1994A, AND RESOLUTION PROVIDING FOR ISSUANCE AND SALE OF $2,790,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 1994B. C.L. N0.358 City Manager Prosser reviewed Council Letter No. 358 regarding authorization for the issuance and sale of $575,000 general obligation improvement refunding bonds, series 1994A and of $2,790,000 general obligation improvement refunding bonds, series 1994B. Council Member Priebe asked questions about the underwriters discount, closing costs, and projected savings. Sid Inman, Publicorp, Inc., indicated the projected net savings would be $39,000 and $136,000 from the two refunding issues. M/Susag, S/Sandahl 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. 8079 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $575,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 1994A Motion carried 5-0. This resolution appears as Resolution No. 8079 in Resolution Book No. 63. Council Meeting Minutes -11- December 13, 1993 M/Susag, S/Sandahl 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. 8080 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF 52,790,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 1994B Motion carried 5-0. This resolution appears as Resolution No. 8080 in Resolution Book No. 63. Item #20 CONSIDERATION OF RESOLUTION APPROVING SCHEDOLE C AMENDMENT TO ASSESSMENT AGREEMENT AND ASSESSOR'S CERTIFICATION; RICHFIELD STATE AGENCY, INC., MEDICAL ' OFFICE FACILITY; LHN REDEVELOPMENT PROJECT. C.L. NO. 359 City Manager Prosser reviewed Council Letter No. 359 regarding a proposed amendment to the Assessment Agreement and Assessor's Certification for the Richfield State Agency, Inc. medical office facility LHN Redevelopment Project. Council Member Priebe reviewed the impact of the medical office project on the LHN Tax Increment Financing District and the benefits that RSA will receive. He stated that the Council had voted to approve this project without being fully informed about these financial details. Bernard Meyer, 6645 Grand Avenue, read and submitted a letter (Clerks File No. C-347) from Lawrence Wozniczka, 6744 Wentworth Avenue, requesting an investigation of the legality of the actions granting financial assistance to the Richfield State Agency for this project. Council Member Priebe suggested that Mr. Wozniczka's questions be reviewed by the City Attorney for a report back to the City Council. Acting City Attorney Thompson reviewed the development statute process issues. City Manager Prosser indicated that when the project was before the City Council the land use issues were stressed. He indicated that any future projects would address the tax increment financing issues more thoroughly. He stated that the HRA and City had followed the required legal process for the project and would respond to Mr. Wozniczka's questions. Mayor Kirsch noted that the Council receives HRA packets and minutes which indicated the project details. Council Meeting Minutes -12- December 13, 1993 M/Sandahl, S/Susag 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. 8081 RESOLUTION APPROVING AMENDMENT TO ASSESSMENT AGREEMENT AND ASSESSOR'S CERTIFICATIONS Motion carried 5-0. This resolution appears as Resolution No. 8081 in Resolution Book No. 63. Ytem #21 CONSIDERATION OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR WASHINGTON PARK IMPROVEMENTS. C.L. NO. 360 Community Services Director Fondrick reviewed Council Letter No. 360 regarding the neighborhood park planning process and funding for the redevelopment of Washington Park. Laurier F~?~,~~st~., ®rr~Schelen~R~?ayeY©n and Asscciatc:s, rcvicc~e¢~ the proposed design plan and activity features of the park redevelopment improvement project. Dick Schwarz, Schwarz Architects, reviewed the proposed park building design and features. Community Services Director Fondrick responded to questions from the Council regarding the impact of the 77th Street Project on the park. M/Susag, S/Sandahl to order City Project 897, Washington Park RedeveloDment~ approve the plans and specifications as presented, and to authorize the advertisement for bids for the Washington Park redevelopment Project. Motion carried 5-0. Item #22 CONSIDERATION OF WHETHER TO HOLD A CITY COUNCIL MEETING ON DECEMBER 27, 1993. C.L. NO. 361 City Manager Prosser reviewed Council Letter No. 361 regarding whether to hold a Council Meeting on December 27, 1993. M/Susag, S/Priebe to cancel the City Council Meeting scheduled for December 27, 1993. Motion carried 5-0. Council Meeting Minutes -13- December 13, 1993 Item #23 CONSIDERATION~OF RICHFIELD'S POSITION FOR THE PROPOSED EyCTENSION OF RUNWAY 4-22. C.L. NO. 362 City Manager Prosser reviewed Council Letter No. 362 regarding the review of the Revised Draft Environmental Impact Statement (DEIS). He stated that the first DEIS review and response lost $70,000. He indicated review and preparation of a response to the revised DEIS will involve a yet undetermined level of expenditure. Council Member Priebe reviewed the history of the proposed runway 4-22 extension project. He stated the importance of protecting the interests of Richfield residents in this process. Council Member Rosenberg stated there has. been an incredible increase of airport noise in West Richfield and the need for mitigation of these noise impacts. M/Susag, S/Rosenberg that the City Council endorses the following actions: 1. Richfield should continue to oppose the extension of Runway 4-22. 2. Request for an extension in time to provide an official written response to the Draft Environmental Impact Statement for the Runway 4-22 extension. 3. Authorize preliminary funding for the DEIS Review and response. Motion carried 5-0. Item #24 CONSIDERATION OF ADOPTION OF 1993 REVISED/1994 PROPOSED BUDGET AND 1994 FINAL TAX LEVY AND RELATED RESOLUTIONS. C.L. NO. 363 City Manager Prosser reviewed Council Letter No. 363 regarding consideration of the adoption of the 1993 Revised/1994 Proposed Budget and the 1994 final tax levy. Council discussion followed regarding procedural issues as to how to deliberate regarding undecided issues and budget/tax levy issues. It was the consensus of the Council to decide the unresolved issues prior to the final budget and tax levy decision. Council Meeting Minutes -14- December;13,.1993 A. HUMAN SERVICES PLANNER/COORDINATOR POSITION M/Rosenberg, S/Sandahl to a~Drove and authorize a Human Services Planner/Coordinator position in the 1994 Budget. Council Member Susag indicated he did not support the addition of this position because he felt human service needs are addressed by the County. Council Member Priebe questioned the presentation of the proposed funding for this position as compared to the proposed funding for the electrician position. City Manager Prosser stated that the electrician position would reduce contractual costs, and provide some revenue by selling services to the school district, therefore, not impacting the general fund because the costs were offset. Council Member Rosenberg stated the human resource position was important for Richfield to proactively meet these human service needs. Council Member P*~iebe stated he su~aported addition of this position but cautioned that it should be evaluated periodically. Mayor Kirsch asked questions of Mr. Prosser about the South Hennepin Regional Planning Agency functions and services. He indicated that he felt that this agency could fulfill the needs without adding additional cost to local government. Motion carried 3-2. B. FOURTH LIQUOR STORE (Kirsch, Susag opposed) M/Priebe, S/Rosenberg to not authorize a fourth liquor store. Council Member Rosenberg stated philosophical and financial reasons to oppose a fourth liquor store. Council Member Priebe stated his financial analysis and the financial projections did not justify investment in a fourth liquor store. Council Member Susag stated that he rejected the morality issue regarding liquor in reviewing this issue. He stated based on his judgement he would vote against a fourth liquor store. Motion carried 5-0. 0 1 Council Member Rosenberg suggested that the Council at a future Study Session consider allocating some of the liquor store profits to education programming for young people. Council'Meeting Minutes -15- December 13, 1993 Council Member Priebe stated that since the City is involved in the sale of alcohol it .may be appropriate to consider dedicating a percentage of the .profits to education. C. ELECTRICIAN POSITION M/Sandahl, S/Susag to approve and authorize an electrician position in the 1994 budget. Council-Member Priebe questioned the hiring of an electrician which would replace contractual services, indicating this was opposite of the reinventing government trend. City Manager Prosser indicated that the availability and flexibility in responding quickly to an emergency was a mayor issue in repairing things like lift stations. He stated it was a service issue rather than dust cost issue and that this was a service that could also be sold to the school district, also a reinventing government principal. Motion carried 5-0. D. MADISON PARK REDEVELOPMENT City Manager Prosser reviewed the issue of scheduling and funding the redevelopment of Madison Park in 1994. M/Sandahl, S/Kirsch to order the redevelopment of Madison Park in 1994 and that it be included in the 1994 Capital Improvement Budget. Motion carried 5-0. C1 Council Member Priebe stated that because the fourth liquor store was not authorized, it is not necessary to skip funding for park redevelopment in 1995 even though Madison Park Redevelopment was moved up to 1994. E. WATER RATES Administrative Services Director Devich reviewed two water utility rate and consumption models and depreciation for the water plant. M/Sandahl, S/Susag to establish the water utility rate in the resolution establishing 1994 utility rates and charges as 51.37 per 1000 gallons. Council Member Priebe stated that the projected future cash balances for depreciation were excessive. Council Meeting Minutes -16- December 13, 1993 City Manager Prosser reviewed the projections and depreciation schedule model that is used to fund the replacement of capital assets. He stated the depreciation issue is a policy issue for the Council. Council Member Sandahl stated it is prudent to set aside money in a pay as you go manner to replace capital assets when needed such as wells and water plant equipment. Mayor Kirsch stated the City needs to protect and preserve the water facility noting that the residents are very proud of the quality of water in the City. He stated it is preferable to have smaller incremental rate increases to provide funding for equipment replacement rather than have a large increase all at once. Council Member Priebe stated he was cash balance for contingencies, but that there are no near future equipment needs the current project. He stated building provided too much temptation for staff t~ loans to housing programs. not against a reasonable Mr. Fondrick had said at the water plant after up large cash balances ~ use it for things like Mayor Kirsch stated he disagreed with Council Member Priebe's inference that staff is expending money without City Council approval. Mayor Kirsch stated that everytime staff proposes a mayor project or any project, they come to the City Council for approval or denial by the majority of the Council. He stated Mr. Fondrick could not predict when a well is going to go down or if some new technology which might be beneficial for our water facility becomes available. He said staff then will recommend to the Council expenditures to improve our system beyond what it is now. Motion carried 5-0. F. SEWER RATES Administrative Services Director Devich reviewed the current status of the sanitary sewer fund. He indicated that the Metropolitan Waste Control Commission (MWCC) charges to the City of Richfield, which account for approximately 75~ of the total operating costs, will increase by 21.5 in 1994. Council Member Susag stated that most of the MWCC increase is due to metering and that MWCC will continue to increase rates for debt serving in the future. He stated the Council needs to look at substantive rate increases to cover these costs. M/Susag, S/Sandahl to establish the sanitary sewer utility rate in the resolution establishing 1994 utility rates and charges as 51.38 per 1000 gallon. Council Meeting 'Minutes -17- December 13, 1993 Council Member Priebe stated he preferred leaving the rate the same since the sanitary sewer system was in good shape and no major capital improvements were .in the Capital Improvement Budget. He stated concerns that accumulating a cash balance results in loans to other funds. He stated that staff has indicated in previous Council Letters that the sewer fund cash balance was sufficient to allow loans, therefore he said this indicates no need for an increase until it is needed. Council Member Sandahl stated that at the proposed rate the cash balance is being drawn down and that the increase is necessary to cover the large increase MWCC charges. Motion carried 3-2. (Priebe, Rosenberg opposed) M/Susag, S/Sandahl that the following resolution be adopted as amended; that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 8084 RESOLUTION ESTABLISHING SANITARY SEWER SERVICE RATES AND CHARGES, WATER RATES AND CHARGES, SPECIAL WATER SERVICE CHARGES, STORM SEWER RATES AND CHARGES AND 5$ PENALTY ON PAST DUE ACCOUNT Motion carried 5-0. This resolution appears as Resolution No. 8084 in Resolution Book No. 63. G. BUDGET OPTIONS TO REDUCE TAX LEVY M/Susag, S/Rosenberg to adopt the following budget adjustment options to reduce the proposed tax levy as outlined in Council Memorandum No. 113, dated .November 24,_ 1993.. • A revision in the estimated cost of the 1994 pay structure adjustments to 2.5~ instead of 3~. The .5~ reduction would translate to roughly $36,000 in savings across the City. • Communication costs budgeted at $50,000 would be paid from the Cable Fund. • Reductions for the remaining $20,000 would be made up from a variety of cuts across all departments as outlined in the memorandum as staff recommendations. Motion carried 5-0. M/Susag, S/Rosenberg to amend the main motion to restore the $1000 staff recommended budget cut of travel from the City, Manager's budget and instead cut 51000 from the Council travel budget by reducing it from 52500 to 51500. Motion carried 5-0. Council Meeting Minutes -18- December 13, 1~~3 Council Member Sandahl stated concern about the stability of cable TV franchise fees in the future and that these revenues may not always be available for funding .the communication activities. Council Member Priebe stated he thought the Council should hold the line on taxes noting the impact on people on fixed incomes. He stated he would vote against the levy because he didn't think everything had been done to avoid an increase. Council Member Sandahl stated that the property tax is a regressive tax. and does not take into account income or ability to pay. He stated the Council and staff do work hard to alleviate the tax impact on residents. Council Member Susag said that over 50~ of the budget is for police and fire services, something that no one advocates cutting. He stated that the budget and tax levy is reasonable and prudent to continue the value of services that residents want as evidenced by the recent resident survey. Mayor Kirsch stated it is the Council's responsibility to the present and the future generation to be prudent stewards of `i,1~°x~s C3,~. Nees ~`i,a`~,~s~ `~,~,~r~ C~1.`~~ C~au~i~~:31 fiYas rw~u~-z~~ lrxar.E1 `~,u~ 3ax~:i~ats~s the tax base and lessen the tax impact on residential properties. Council Member Rosenberg stated support for the motion and stated appreciation for the staff efforts in finding options to reduce the proposed levy. The amended motion was restated as follows: M/Susag, S/Rosenberg to adopt the following budget adjustment options to reduce the proposed tax levy as outlined in Council Memorandum No. 113, dated November 24, 1993. • A revision in the estimated cost of the 1994 pay structure adjustments to 2.5~ instead of 3$. The .5$ reduction would translate to roughly 536,000 in savings across the City. • Communication costs budgeted at 550,000 would be paid from the Cable Fund. • Reductions for the remaining 520,000 would be made up from a variety of cuts across all departments as outlined in the memorandum as staff recommendations with the amendment to restore the 51000 staff recommended budget cut of travel from the City Manager's budget and instead cut 51000 from the Council travel bud eg t by reducing it from 52500 to 51500. 1 Motion carried 4-1. (Priebe opposed) Council'. Meeting Minutes -19- December 13, 1993 H. BUDGET/LEVY RESOLUTIONS M/Susag, S/Sandahl that the following resolutions be adopted as amended; that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. $082. RESOLUTION AUTHORIZING REVISION OF 1993 BUDGET OF VARIOUS DEPARTMENTS This resolution appears as Resolution No. 8082 in resolution Hook No. 63. RESOLUTION NO. 8083 RESOLUTION ADOPTING A BUDGET FOR THE YEAR 1994 AND LEVYING TAXES This resolution appears as Resolution No. 8083 in resolution Book No. 63. RESOLUTION NO. 8084 RESOLUTION ESTABLISHING SANITARY SEWER SERVICE RATES AND CHARGES, WATER RATES AND CHARGES, SPECIAL WATER SERVICE CHARGES, STORM SEWER RATES AND CHARGES AND 5$ PENALTY ON PAST DUE ACCOUNT This resolution appears as Resolution No. 8084 in resolution Book No. 63. RESOLUTION NO. 8085 RESOLUTION RELATING TO THE 1994 MANAGEMENT SALARY COMPENSATION PLAN This resolution appears as Resolution No. 8085 in resolution Book No. 63. RESOLUTION NO. 8086 RESOLUTION RELATING TO THE 1994 GENERAL SERVICES SALARY COMPENSATION PLAN This resolution appears as Resolution No. 8086 in resolution Hook No. 63. RESOLUTION N0. 8087 RESOLUTION RELATING TO THE 1994 SPECIALIZED PAY PLAN This resolution appears as Resolution No. 8087 in resolution Book No. 63. Council Meeting Minutes -20- December 13, 1993 RESOLUTION N0. $088 RESOLUTION AMENDING ESTABLISHED 1994 LICENSE, PERMIT AND. MISCELLANEOUS FEES PURSUANT TO THE PROVISIONS OF APPENDIX D OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD RESCINDING RESOLUTION N0. 7839 This resolution appears as Resolution No. 8088 in resolution Book No. 63. Motion carried 4-1. (Priebe opposed) I. CAPITAL IMPROVEMENT RESOLUTIONS M/Sandahl, S/Susag 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. 8089 RESOLUTION ADOPTING THE 1994 CAPITAL IMPROVEMENT BUDGET Motion carried 5-0. This resolution appears as Resolution P3~. 3039 ~.~ des©luti©n O©©k N©. 63. M/Sandahl, S/Susag 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. 8090 RESOLUTION ADOPTING THE 1995-1999 CAPITAL IMPROVEMENT BUDGET PROGRAM Council Member Priebe stated objection to Item 33 of the Capital Improvement Budget Program (CIP) which indicated $4.5 million for a City maintenance facility in 1996. Council Member Rosenberg stated concern that the Council not commit to such a project at this time. Council Member Sandahl stated the City maintenance facility was in the CIP to allow for discussion and planning prior to a future decision and was not committal of funds. Council Member Priebe stated there had not been discussion of this item and stated concern that staff would assume it was approved if it is in the CIP. City Manager Prosser reviewed the role of the Planning Commission in making the CIP recommendations to the City Council. He stated it is an advisory document to the City Council to initiate discussion and planning of future capital improvements. 1 Council Meeting Minutes -21- December 13, 1993 Council Member Sandahl stated that something will need to be done about the maintenance facility due to the 77th Street Project aizd that this action does .not commit the Council to any specific plan, only recognition that a future decision must be made. Motion carried 3-2. (Priebe, Rosenberg opposed) This resolution appears as Resolution No. 8090 in Resolution Book No. 63. Council Member Sandahl suggested that the maintenance facility issue be scheduled as a Study Session item sometime in 1994. Item #25 AIRPORT STATUS REPORT City Manager Prosser reviewed the following airport related issues: • MSP Long Term Capital Improvement Plan The City is monitoring the process. • Legislation The City has met with State Representative Edwina Garcia regarding the local impact aid bill proposal. • New Ford Town/Rich Acres Buyout The MAC consultant has not proceeded to the point of acquisition of properties yet and the City is continuing to monitor and encourage expeditious progress of the buyout process. Item #26 77TH STREET PROJECT STATUS REPORT Community Services Director Fondrick reviewed the status of the 77th Street Project indicating that construction has shut down for this season. Council Member Susag suggested a review of the 76th Street/77th Street intersection because many vehicles fail to stop at the stop sign. Community Services Director Fondrick reviewed the status of the study of the traffic and environmental problems of 76th Street from I-35W to Xerxes Avenue. He indicated two neighborhood meetings had been held and another one was scheduled for January. Community Services Director Fondrick reviewed the status of the Water Plant Renovation Project. Council Meeting Minutes Item #27 LEGISLATIVE REPORT None -22- December 13, L.-993 Item #28 COUNCIL DISCUSSION ITEMS Council Member Susag announced that the Human Rights Commission had finalized the date of the Richfield Ethnic Celebration for Sunday, April 10, 1994. Council Member Priebe discussed the potential ability of the City to limit the number of gun shops similar to the authority to limit the number of liquor licenses. Acting City Attorney Thompson stated that the City has authority within certain guidelines to utilize zoning to limit the location of certain uses. Council Member Sandahl reviewed the success of the Richfield High Concert Choir's performance at Carnegie Hall. Item #29 CLAIMS-AND PAYROLLS M/Susag, S/Sandahl that the following claims and payrolls be a~~roved: RICHFIELD BANK & TRUST CO. Checks 17803-17923; 42637-42946 NORWEST BANK Check 1195 FIRSTAR HANK Checks 7764-7792 Payroll 72741-72745; 73031-73353 Motion carried 5-0. ADJOURNMENT The meeting was adjourned by unanimous Date Approved: 1/10/94 Thomas P. Ferber City Clerk $2,049,915.97 $ 11,300.00 $ 418,492.40 $ 367,855.60 Qnse~nlt at 1:25 p.m. in J rs~ Mayor ~ ~ L~ L~