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02-14-1994- CITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING February 14, 1994 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 Erskin®, Public Safety Director; William Fillmore, Liquor Operations Director; and Corrine Heine, Assistant 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 Council Member Susag requested that the minutes of January 24, 1994 be amended in the last paragraph of page 9 by inserting the words "in his opinion" after the first word of line 6. Council Member Rosenberg commented that the January 26 minutes on page 8 indicating her allegiance to the residents and not business was correct; however, she wanted to clarify that her statement was specific to Norwest in this instance, not businesses as a whole. M/Sandahl, S/Priebe to approve the minutes of the Regular City Council Meeting of January 24, 1994 as amended; the minutes of the Joint Meeting of Richfield City Council and Richfield School Board of January 31 1994; and the minutes of the Citv Council Study Session of February 7, 1994. Motion carried 5-0. Item ~1 OPPORTUNYTY FOR PERSONS TO ADDRESS THE CITY COUNCIL ON ANY ITEM NOT LISTED ON THE AGENDA. Nick Vossberg, 6340 Standish Avenue, discussed his attempts to find a procedure to withhold his local taxes because he felt the City was going to cut services to New Ford Town. Council Meeting Minutes -2- February 14, 1994 Public Safety Director Erskine requested City .Council permission to use Council endorsement in a Public Safety anti- violence brochure. It was the consensus of the Council that this was appropriate. Item #2 PRESENTATION OF PROCLAMATION DESIGNATING FEBRUARY 22- 25, 1994 STUDENTS AGAINST DRUNK~DRIVING WEER Mayor Kirsch read and presented a proclamation designating February 22-25, 1994 as Students Against Drunk Driving (SADD) Week in the City of Richfield to SADD representatives Seems Gundoviana, Jessica Havnen, and Angela Huleh. The students reviewed the activities planned during SADD Week. Item #3 PRESENTATION OF PROCLAMATION IN SUPPORT OF RICHFIELD DECA FREE ENTERPRISE WEEK FEBRUARY 20-26, 1994 Council Member Susag read and presented a proclamation in support of the Richfield DECA Free Enterprise Week, February 20- 26, 1994 to DECA student Jason Langhoff. Item #4 PRESENTATION OF PROCLAMATION DESIGNATING 70TH STREET AND HARRIET AVENUE, RICHFIELD DECA-FREE ENTERPRISE STREET, FEBRUARY 20-26, 1994 Council Member Sandahl read and presented a proclamation designating 70th Street and Harriet Avenue as Richfield DECA Free Street for the week o£ February 20-26, 1994 to Jason Langhoff. Item #5 COUNCIL APPROVAL OF AGENDA M/Susag, S/Sandahl to approve the agenda. Motion carried 5-0. 1 Item #6 CONSENT CALENDAR 6A. APPROVED CONTINUATION OF AGREEMENT WITH CITY OF BLOOMINGTON FOR PROVISION OF PUBLIC HEALTH SERVICES FOR CITY OF RICHFIELD FOR 1994 C.L. 46 Council Meeting Minutes -3- February 14, 1994 B. APPROVED RICHFIELD COMMUNITY HUMAN SERVICES PLANNYNG COUNCIL RECOMMENDED GOALS FOR 1994 C.L. 47 C. APPROVED PURCHASE IN EXCESS OF $5,000 FOR INSTALLATION OF NEW COMMUNICATIONS SYSTEM FOR SEVERAL CITY FACILITIES FROM USWEST IN AMOUNT OF $7,861.96 AND NEW WIRE INSTALLATION ON TIME AND MATERIAL BASIS FROM USWEST IN ADDITIONAL ESTIMATED AMOUNT OF $500 C.L. 48 D. APPROVED PURCHASE IN EXCESS OF $5,000 FOR ONE SINGLE-AXLE 33,000 GVW CAB, CHASSIS WITH DUMP BOR AND HYDRAULICS FROM BOYER FORD TRUCKS, INC. IN AMOUNT OF 546,818 C.L. 49 E. APPROVED PAYMENT OF PENALTY FOR VIOLATIONS CITED BY MINNESOTA POLLUTION CONTROL AGENCY RELATED TO ICE ARENA ROOF YN AMOUNT OF $5,500 C.L. 50 F. APPROVED APPLICATION FOR LAWFUL GAMBLING LICENSE AND FEE WAIVER FOR ST. RICHARD'S CHURCH, 7540 PENN AVENUE C.L. 51 RESOLUTION N0. 8108 A RESOLUTION GRANTING APPROVAL FOR THE CHURCH OF ST. RICHARDS TO CONDUCT LAWFUL GAMBLING This resolution appears as Resolution No. 8108 in Resolution Book No. 62. G. APPROVED ESTIMATE #7 PAYMENT FOR WATER TREATMENT PLANT MODIFICATIONS; BOR-SON CONSTRUCTION, INC.; $220,849.00 H. APPROVED ESTIMATE #5 FOR PAYMENT FOR ELECTRICAL CONTRACT REGARDING WATER PLANT MODIFICATIONS; PAGE ELECTRICAL CONTRACTOR; 532,300.00 I. APPROVED FINAL PAYMENT FOR SHELTER CONSTRUCTION AT NICOLLET PARK CP889; EBERT CONSTRUCTION; $6,817.21 Council Member Priebe stated that the City's consulting engineer will reimburse the City for the payment of the 55500 MPCA fine related to asbestos in the roofing material at the ice arena. Council Member Susag suggested the Richfield Community Human Services Planning Council (RCHSPC) goals for 1994 be publicized to the community. . City Manager Prosser stated that Council Member Rosenberg had suggested the RCHSPC goals be published in the Your City newsletter and that this has been scheduled for the newsletter. M/Priebe, S/Sandahl to approve the consent calendar. Motion carried 5-0. Council Meeting Minutes -4- February 14, 1994 Item #7 PUBLIC HEARING AND SECOND READING OF ORDINANCE INCREASING NUMBER OF ON-SALE NON-INTOXICATING MALT LIQUOR LICENSES ISSUED HNC THE CIT~C. C.L. N0. 52 City Manager Prosser reviewed Council Letter No. 52 regarding a proposed ordinance amendment to increase the number of on-sale non-intoxicating malt liquor licenses that the City may issue to twelve. M/Sandahl, S/Susag to close the public hearing. Motion carried 5-0. M/Sandahl, S/Susag that this constitute Second Reading of Bill No. 1994-2, amendment to Section 1210 entitled "Non- intoxicating Liquor: Beer"; that it be published in the official newspaper and that it be made part of these minutes. Motion carried 5-0. 1 I$em #8 PUBLIC HEARING AND CONSIDERATION OF REQUEST FOR NEW 1994 ON-SALE WINE AND NON-INTOXICATING MALT LIQUOR LICENSE FOR THE FRENCHMAN'S, 1400 EAST 66TH STREET. C.L. NO. 53 City Manager Prosser reviewed Council Letter No. 53 regarding the application of Mary Christine Blake and Dean Blake for a 1994 on-sale wine and non-intoxicating malt liquor license for the Frenchman's, 1400 East 66th Street. Mary Christine Blake and Dean Blake, 6639 10th Avenue, the new owners of the Frenchman's, stated their plan to continue the family orientation of their business and their commitment to the alcohol awareness program. M/Sandahl, S/Susag to close the public hearing. Motion carried 5-0. M/Sandahl, S/Susag to agprove the granting of the 1994 on- sale wine and non-intoxicating malt liquor licenses for the Frenchman's, 1400 East 66th Street, sub,~ect to the conditions of Resolution No. 7380. Motion carried 5-0. Council~Meeting Minutes -5- February 14, 1994 Item #9 PUBLIC HEARING AND SECOND READING OF TRANSITORY ORDINANCE PROVIDING FUNDING FOR CERTAIN CAPITAL IMPROVEMENTS FROM THE SPECIAL REVENUE FUND. C.L.NO. 54 City Manager Prosser reviewed Council Letter No. 54 regarding a proposed transitory ordinance to provide funding from the Special Revenue Fund for the following capital improvements: Park Improvement - Madison Park $500,000 Park Improvement - Washington Park $340,000 Playfeature Improvement - Donaldson Park S 608000 Total $900,000 M/Susag, S/Sandahl to close the public hearing,. Motion carried 5-0. 1 M/Sandahl, S/Susag that this constitute Second Reading of Bill No. 1994-3, Transitory Ordinance No. 17.54; that it be published in the official newspaper and that it be made part of these minutes. Motion carried 5-0. Item X10 PUBLIC HEARING AND CONSIDERATION OF RESOLUTION ___ RATIFYING YSSUANCE OF $565,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 1994A. C.L. NO. 55 City Manager Prosser reviewed Council Letter No. 55 regarding ratification of the issuance of $565,000 General Obligation Improvement Refunding Bonds, Series 1994A. M/Sandahl, S/Susag to close the public hearing. Motion carried 5-0. 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. 8109 RESOLUTION RATIFYING ISSUANCE OF $565,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING HONDS, SERIES 1994A Motion carried 5-0. This resolution appears as Resolution No. 8109 in Resolution Book No. 63. Council Meeting Minutes -6- February. l4, 1994 Ytem #11 PUBLIC HEARING AND SECOND READING OF ORDINANCE AMENDING RICHFIELD CITY CHARTER. C.L. NO. 56 City Manager Prosser reviewed Council Letter No. 56 regarding a proposed ordinance to amend the City Charter as recommended by the Richfield Charter Commission. He stated the amendment would provide the following changes in the City Chartero ® Section 4.01 Clarify that City elections are held in even numbered years. ® Section 4.02 Replace the word "official" with the word "office" for clarity. e Section 4.04 Clarify that the filing period for municipal office be that provided by State law because the State now supersedes Charter provisions on this issue. e Section 4.04 Increase the filing fee from $5.00 to 525.00. e Section 9.02 Add the word "possible" to clarify language of this section. M/Sandahl, S/Susag to close the public hearing. Motion carried 5-0. M/Sandahl, S/Priebe-that this constitute Second Reading of Bill No. 1994-4, amending the Richfield City Charter; that it be published in the official newspaper and that it be made part of these minutes. Motion carried 5-0. Item X12 CONSIDERATION OF REQUEST BY GALLAGHER'S SERVICE INCORPORATED FOR RETURN OF TRASH HAULING BID BOND (CONTIN[JED FROM JANUARY 10, 1994). C.L. No. 5~ City Manager Prosser reviewed Council Letter No. 57 regarding a request by Gallagher's Service Incorporated for return of bid bond which was retained by the City because Gallagher's did not honor their bid for City trash hauling services for which they were the low bidder. Council=Meeting Minutes -7- February 14, 1994 Rick Gallagher, Gallagher's Service Yncorporated, requested return of the bid bond because subsequent action by the Hennepin County Board had changed the tipping fee and imposed a 14.5$ hauler fee. Council Member Susag reviewed the chronology of the Hennepin County Board actions and questioned Mr. Gallagher regarding his knowledge of the proposed regulations before final action by the Board. Mr. Gallagher admitted that he was aware the County was considering the new regulations. Council Member Priebe noted that the County Board actions actually provided net reduction of cost and questioned why Mr. Gallagher had not honored his bid in light of that fact. He indicated that he had been inclined to return the bid bond to Mr. Gallagher because it has appeared that changes had been unexpectedly made to the regulations by Hennepin County. Council Member Priebe stated that it is now apparent Mr. Gallagher was aware prior to his bid and therefore, he supported retaining the bid bond. Council Member Rosenberg indicated she had also previously been inclined to support return of the bid bond, but the full disclosure of the facts supports retaining the bid bond. .. M/Sandahl, S/Susag to retain the bid bond of Gallagher's Service Incorporated related to the November 15. 1993 bid for trash hauling from City facilities. Motion carried 5-0. Item #~13 CONSIDERATION OF ZONING CLASSIFICATION FOR UNLICENSED GROUP HOME FOR FIVE MENTALLY DISABLED UNRELATED ADULTS. C.L. NO. 58 City Manager Prosser reviewed Council Letter No. 58 regarding a review of the options to determining the zoning classification for a proposed unlicensed group home as a permitted, conditional, or prohibited use in a residential district. He stated Tasks Unlimited is proposing a Fairweather Lodge in a single family house for five mentally disabled unrelated adults. He stated the zoning code allows only three or fewer unrelated persons to occupy a dwelling unit unless licensed as a group care facility by the State. L~ Council Meeting Minutes -8- February,l4, 1994 John Trapp, Tasks Unlimited, stated that the Fairweather Lodge program is not licensed because it. does not fit into any of the license categories of the State. He suggested that this use be categorized as similar to licensed group homes, therefore making it a permitted use. He raised data privacy law issues related to notification if a conditional use permit is required by the City. Mr. Trapp stated willingness to negotiate agreement on condit~:ons rel~d-'tc~' ~~Y~k3ng° °and~ no~tase~ but ~suggestedw •• . .. . notification could cause legal problems with data privacy, therefore, he urged the Council to classify it as a permitted use. Council Member Priebe asked questions about program funding, the location of other Fairweather Lodges, and public safety contacts. Mr. Trapp stated that the program is funded by a combination of federal, state, county sources, and with 65~ of the funding from businesses Tasks Unlimited operates. He stated there are similar homes in Bloomington and Minneapolis which have not caused any public safety complaints. fGity Manager grosser. s:~atecl ~iha°~. '%I~Ye. issue i~ a ~1~~i~s3©~ based on how to categorize an unlicensed group home, not the merits of this particular group home. M/Susag to classify unlicensed ctroup homes as a conditional use in a residential district. Motion failed for lack of a second. Council Member Susag stated that the zoning ordinance allows only three or fewer unrelated persons to live in a house unless it is a licensed group home. Therefore, it is appropriate to classify this use as a conditional use which would require a public hearing and notification to nearby property owners. He stated this process would assure compliance with ordinances and stipulations related to granting a conditional use permit. Discussion followed regarding issues related to the definition of a family unit, neighborhood meetings, group homes, parking, notification of property owners, disclosure of information about residents of the house, data privacy, human rights, and discrimination. City Attorney Heine requested additional time to review issues related to the applicability of the Data Practices Act. Council Member Sandahl stated that it appeared appropriate to continue consideration for two weeks to allow the City Attorney to review these issues. Council Meeting Minutes -9- February 14, 1994 Charles Sedgewick, 6733 Lyndale Avenue, discussed the timing issues related to the sale of his house to Tasks Unlimited, indicating delays may jeopardize the sale and his purchase of another property scheduled for March 15. Mr. Trepp explained that he had thought this would be a administrative determination and therefore, had not submitted the requested written information until February 2. City Manager Prosser stated that the written documentation was requested because it was unclear how to classify unlicensed group homes. Discussion followed regarding how to best expedite the decision on this issue in light of the time£rames. M/Sandahl, S/Priebe to continue consideration of the zoning classification for unlicensed group homes to the February 28~ 1994 City Council Meeting, or sooner if necessary at the call of a Special City Council Meeting. Motion carried 5-0. Council Member Priebe commented that all of the information in the Council packet on this proposal is public information, available to the press and public. -- Item #14 CONSIDERATION OF APPROVAL TO FYLL TWO OF THREE VACANT POSITIONS CREATED BY EARLY RETIREMENT INCENTIVE PROGRAM C.L. NO. 59 City Manager Prosser reviewed Council Letter No. 59 regarding the proposal to fill two of the three vacant Street Maintenance Division positions which were created by the early retirement incentive program. He stated that the approval of the City Council is required to fill any vacancy created through retirement as a result of this program. M/Susag, S/Rosenberg to authorize the recruitment and hiring of two Community Services Workers for the Street Maintenance Division. Motion carried 5-®. Item #15 CONSIDERATION OF APPROVAL OF 1994 LABOR CONTRACT FOR INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 1215. C.L. NO. 60 City Manager Prosser reviewed Council Letter No. 60 regarding approval of the 1994 negotiated labor agreement between the City and the International Association of Firefighters Local 1215 bargaining unit. Council Meeting Minutes -10- Februarg 14, 1994 M/Sandahl, S/Susag that the following resolution be adopted; that it be s.~read in the resolution book and that it be made part of these minutes: RESOLUTION NO. 8110 RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 1215 BARGAINING-UNIT FOR THE CALENDAR 1994 Motion carried 5-0. This resolution appears as Resolution No. 8110 in Resolution Book No. 63. Item X16 CONSIDERATION OF APPROVAL OF 1994 LAHOR AGREEMENT ~1ITN RICHFIELD POLICE SUPERVISORY ASSOCIATION. C.L. NO. 61 City Manager Prosser reviewed Council Letter No. 61 regarding approval of the 1994 negotiated labor agreement between the City and the Richfield Police Supervisors Local 162 bargaining un3~~. M/Priebe, 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. 8111 RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND THE RICHFIELD POLICE SUPERVISORS BARGAINING UNIT LOCAL 162 FOR THE YEAR 1994 Motion carried 5-0. This resolution appears as Resolution No. 8111 in Resolution Book No. 63. Item #~1~ CONSIDERATION OF APPOINTMENT TO COMMUNITY SERVICES COMMISSION. C.L. NO. 62 Mayor Kirsch stated that the City Council had conducted a Special Meeting at 6:30 p.m. this evening to discuss an appointment to fill the vacancy on the Community Services Commission. M/Sandahl, S/Susag to appoint Arnold Auchstetter to the Community Services Commission to the unexpired term which expires on January 31, 1995. Motion carried 5-0. Council Meeting Minutes Item #18 AIRPORT STATUS REPORT -11- February 14, 1994 City Manager Prosser reviewed the status of the following airport issues: • NEW FORD TOWN/RICH ACRES BUYOUT The MAC has made available an acquisition schedule. The City has scheduled an open house on February 16 to provide information about the housing options available in the City for those who desire to relocate within Richfield. s MSP Airport Long Term Comprehensive Plan A public hearing about the Alternative Environmental Document (AED) Scoping is scheduled for February 15, 1994 at Washburn High School. The comments by the City regarding the scoping include: 1. Encourage the MAC to include all of the FAA Capacity Study Options. 2. Ground level noise should be a consideration. 3. Information should be provided on flight path assumptions. • Runway 4-22 Extension Draft Environmental Impact Statement (DEIS) The MAC has allowed the submittal of some supplemental information. • FAA Capacity Study Copies of the study summary will be provided to the City Council and also are available to the public. Item #19 77TH STREET PROJECT STATUS REPORT Community Services Director Fondrick indicated that work on the sound wall is expected to resume next month. Community Services Director Fondrick indicated that the water plant is expected to begin producing soft water again on February 15. Item #20 LEGISLATIVE REPORT City Manager Prosser reviewed the status of the State Impact Aid and High Speed Bus legislative initiatives. Council Meeting Minutes -12- February 14, 1994 Item #21 COUNCIL DISCUSSION ITEMS Council Member Priebe discussed concerns raised by a citizen related to the car wash at 66th Street and Bloomington Avenue. City Manager Prosser stated he would review the history of the site and respond to the citizen. Council Member Priebe suggested staff investigate options to improve the presentation of graphics in the Council Chambers for the cable TV audiences, citizens in attendance, and the Council. City Manager Prosser stated that Administrative Services Director Devich is currently reviewing this issue. Mayor Kirsch invited the public to the Health Forum scheduled for February 17, 1994 7:00 p.m. - 10:00 p.m. at City Hall. Item X22 CLAIMS AND PAYROLLS M/Sandahl, S/Susag that the following claims and payrolls be aooroved: RICHFIELD BANK & TRUST CO. Checks 18114-18207; 43648-43977 $2,899,484.70 NORWEST BANK Check 1199 $ 11,500.00 FIRSTAR BANK Checks 7855-7897 $ 673,308.74 Payroll 1/22: 74278-74610 $ 386,261.71 Payroll 2/5: 74627-74947 $ 368,121.79 Motion carried 5-0. ADJOURNMENT The meeting was adjourned by unanimous consent at 9:13 p.m. Date Approved : 2/ 28/ 94 ~~°/ Martin Ki ch Mayor Thomas P. Ferber Jam s D. Prosser City Clerk Cit Manager