03-15-04 Worksession
CITY COUNCIL MINUTES
Richfield, Minnesota
Special Worksession
March 15, 2004
The meeting was called to order by Mayor Kirsch at 7:04 p.m.
Council Members
Present: Martin Kirsch, Mayor; Susan Rosenberg; Gertrude Ulrich; John Enger; and
Sue Sandahl.
Legislators Present: Jane Ranum, District 63 State Senator; Paul Thissen, District 63A State
Representative; Dan Larson, District 63B State Representative (arrived at
7:55 p.m.); Russ Susag, District 5 Metropolitan Council Representative; and
Coral Houle, Metropolitan Airports Commission Representative.
Staff Present: Samantha Orduno, City Manager; Steven Devich, Administrative Services
Director (arrived at 7:46 p.m.); Mike Eastling, Public Works Director; Dan
Scott, Public Safety Director; Bruce Palmborg, Community Development
Director (arrived at 7:35 p.m.); Kevin McGinty, Fire Services Director; Betsy
Osborn, Health Administrator (arrived at 7:35 p.m.); Cheryl Krumholz,
Recording Secretary; and Corrine Thomson, City Attorney (arrived at 7:35
p.m.).
Item #1
Council Member Sandahl asked the Legislators to address the 1-35W/Crosstown
reconstruction plans.
State Representative Paul Thissen stated the details continually shift and a final plan is
needed, including transit-dedicated lane information.
State Senator Jane Ranum stated no real funding is available again this year. She added
there is a concern that the congestion will be moved somewhere else.
Council Member Sandahl said she understood the Crosstown funding can move forward.
Representative Thissen addressed proposed toll road legislation and concerns that it would
cause more congestion; this plan needs to fit in the overall transportation plan.
Senator Ranum discussed the issue of communities having local control to say no to toll
roads. She stated, fundamentally, she is opposed to toll roads as not fiscally prudent. The
communities should follow this legislation closely.
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March 15, 2004
Council Member Ulrich asked for clarification regarding the ability of MnDOT moving forward
with toll roads and an appeal process.
Senator Ranum explained the appeal process is not for toll roads; it's just a veto by a local
community.
Representative Thissen stated nothing will happen this year because it did not come up in the
House and the deadline is past.
Council Member Ulrich discussed airport noise problems, including the MAC's
recommendation to remove low frequency noise (LFN) from the Part 15 update. As a Noise
Oversight Committee member, she is preparing an amendment to have LFN placed back in the
update. Communities need to make a stand now because Northwest Airlines (NWA) made it clear
they are not supportive of it .
Representative Thissen stated this was more a federal issue, but there is a need to stay
aware of it.
Representative Thissen discussed the proposed legislation to establish an International
Economic Development Zone, possibly in Rosemount, to add air cargo flights. There are still
unanswered questions related to including Gut-state reliever airports.
Representative Thissen stated, in his perspective, the proposed change in MAC Chair
responsibilities is a political move.
Council Member Ulrich asked for clarification if MnDOT was the overall agency responsible for
out-state airports. She said St. Cloud and Rochester airports need to be considered.
Representative Thissen stated MnpQT does long-term planning on out-state sites.
Senator Ranum expressed concern regarding the economic zone issue because of projected
operations and needing to be careful of competition with greater Minnesota. She stated agreement
with the need for cargo facilities because of economic growth, but hopes for more discussions,
especially with Rochester and St. Cloud.
Metropolitan Airport Commission Representative Coral Houle stated she could not speak to
that specific legislation, MAC is just tracking not taking a position. She discussed the Part 150
program which NWA has taken a strong position to oppose any additional mitigation based upon the
new noise contour map. She said LFN is im8ortant, but that Part 150 needs to be remembered too.
Mayor Kirsch stated the Legislators need to help Richfield.
Representative Houle stated ther~ is a very different composition of MAC Members that
requires an educational process and may be very divided.
City Manager Orduno reported on the recent meeting with Congressman Sabo and the FAA in
Washington D.C. regarding the LFN study and the need to correct flaws in the previous study. She
said it was disturbing to learn that Minneapolis-St. Paul is not the Airport of Record for the study
because it is too controversial and accurate detail would not be obtained.
City Manager Orduno stated that Richfield needs the Legislators' support to the FAA and
Center of Excellence urging the selection of Minneapolis-St. Paul as the Airport of Record and, at a
minimum, do the metric measurement in Richfield.
Council Member Sandahl said Minneapolis also needs to be on board.
City Manager Orduno said the LFN study is relevant in spite of its flaws; Minneapolis-St. Paul
is the only airport in the country so close to residences.
Mayor Kirsch said a lot of money will be wasted if a study is started from scratch.
Senator Ranum requested Congressman Sabo share his concerns with Congressman
Oberstar and other congressional members.
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March 15, 2004
Representative Thissen discussed the ambulance legislation, including funding and an
agreement to complete the study and nqtJ:>,~9ceed any further this year.
Senator Ranum discussed the Taxpayers Bill of Rights legislation and that no hearing is
scheduled at this point.
Senator Ranum stated levy limits have a 50/50 chance of being imposed.
City Manager Orduno discussed the ARMR legislation regarding the Automobile, Builder's and
Real Estate Associations attempt to significantly modify the condemnation statutes, hinder cities
ability to charge development fees, limit land-use moratoriums and restrict cities in nonconforming
uses. She said the LMC and AMM take issue with eminent domain because it affects first ring
suburbs and cities of the first class to prevent economic redevelopment.
Senator Ranum said some legislation has unintended consequences that people forget and
this is a legislation to be followed.
Senator Ranum provided an update on 911 MHz legislation and the revenue stream for
funding.
State Representative Dan Larson arrived at 7:55 p.m.
Representative Larson discussed his concern regarding the potential approach to toll roads
and that it could focus on areas with the most congestion which would be the south metro.
Representative Larson discussed redevelopment efforts on the east-side corridor and his
working with Representative Ron Abrams to provide Richfield with additional tools including an
extended tax abatement period for this zone for five-years.
Representative Larson stated the International Economic Trade Zone impact is potentially
enormous.
City Manager Orduno summarized the previous discussion related to the recent meeting with
Congressman Sabo and the FAA regarding the LFN study. She said the City would draft a letter of
support to the FAA regarding making Minneapolis-St. Paul the Airport of Record for the LFN study
and provide a copy to the Legislators for their use.
Representative Thissen suggested the lead in letter writing should be Congressman Sabo.
Representative Thissen recognized the efforts of Kevin McGinty, Fire Services Director, in
moving the ambulance legislation forward.
Metropolitan Council Representative Russ Susag stated he hoped when the Metro Transit
strike was settled, drivers would continue to car pool because a large portion of traffic congestion
could be solved if half of the single drivers would car pool.
Representative Susag discussed the Metropolitan Council preparation of the Regional
Development Framework which would be forwarded upon completion to Richfield for incorporation
into their 2008 Comprehensive Plan.
Representative Susag discussed stormwater issues, water infiltration inflow, rate changes and
environmental services budget.
Representative Larson discussed the Cedar Avenue busway and the use of LRT by non-
residents.
Representative Larson discussed concerns related to a proposed outer ring road around the
metro area to duplicate the 494/694 ring, including funding delays and possible abandonment of the
494/694 ring.
Representative Susag said the bus strike is not affecting the completion of LRT.
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Council Member Sandahl suggested the Cedar Avenue busway consider a transit hub at the
66th Street/Cedar Avenue because of the proposed Cedar Point development.
Senator Ranum reported that there is a proposed 15% cut in Title I funds to schools.
Council Member Enger asked who authorized the replacement road ring in the outer suburbs.
Representative Larson said Andy Westerberg of Blaine.
Council Member Enger suggested the northeast corner of the 66th Street/Cedar Avenue
interchange as a location of the transit hub.
Council Member Enger asked about the status of the LRT tunnel at the airport.
Representative Susag said it's complete.
The City Council thanked the local representatives for taking time out of their busy schedules
to meet with them tonight.
Item #2
City Manager Orduno stated tonight's discussion is a follow-up to the City Council's request to
explore options to parking in front yards and to determine to what extent there is a problem.
Health Administrator OsbOrn reviewed the results of a survey conducted by Public Safety staff
of front yards along arterial streets as related to driveways, surfaces, capacity and type of vehicles on
the property, with no on-street parkl:ng. The survey does not address vehicles in the garage or RVs.
Of the 129 properties surveyed, 12 had a capacity of four or more vehicles with their add-on
driveway, but only two had the full capacity used.
Council Member Enger a~ked if it was true there was no limit of the number of related people
living in a house. .,
City Manager Orduno said yes, that was proven in the court and unless the area was small
and it became a health/hazard issue, there were no restrictions.
Mayor Kirsch asked when the research was conducted.
Ms. Osborn said the checks were made during the evening after dinner when most people
were expected to be home.
Public Safety Director Scott explained sometimes there is a misunderstanding reading the
ordinance related to parking space - it is not number of vehicles, but rather parking area.
City Attorney Thomson stated it is the area between the garage stall and street as defined in
the ordinance.
Council Member Enger suggested limiting the space to accommodate one additional vehicle in
the front yard plus the driveway; allow two spaces so one can be used as turnaround area. He
expressed support for Option 6 - "Driveway Plus One" Method.
Council Member Enger suggested not allowing boats, trailers, commercial vehicles, motor
homes, stored vehicles in front yards because it detracts from the neighborhood and affects property
values.
Mayor Kirsch asked how this would affect someone who used a commercial vehicle to and
from work.
Council Member Enger said they don't have to use that vehicle, it could be left at work.
Council Member Ulrich expressed agreement with Council Member Enger.
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March 15, 2004
Council Member Enger stated if someone can afford to buy a motor home, they can have it
stored somewhere and not in the front y~~~.
Mayor Kirsch stated the last time the City Council addressed the storage of motor homes the
Chambers was full.
Council Members Enger and Ulrich stated they were prepared for that to happen.
Council Member Sandahl stated the survey reflects only two properties are over four vehicles
in the front yard. She asked if any of the Proposed Options in Council Memo #34 address that
problem.
Council Member Enger asked about parking in the right-of-way.
Council Member Sandahl said the sidewalk cannot be blocked. She asked for a definition of a
commercial vehicle.
Council Member Enger stated a vehicle over 9000 pounds gross vehicle weight. This type of
vehicle is not allowed to be parked on the street so it should not be allowed on the driveway.
Council Member Sandahl suggested the gravel surface driveways be changed as part of the
point of sale inspection.
Council Member Enger stated he had no problem with gravel surfaces, only limiting the
number of vehicles.
City Manager Orduno asked why a turnaround would be permitted with a double driveway.
She asked what limitations, if any, would be applied to other residential streets.
Council Member Enger said it doesn't need to be permitted, but he is willing to permit a
turnaround.
Council Member Sandahl suggested making a distinction between streets with and without on-
street parking.
Council Member Enger said vehicles can be stored in the garage or off-site.
Council Member Sandahl expressed support for Option 3 - "Licensed Drivers Plus One"
method.
City Manager Orduno stated suggested ordinance revisions will be provided to the City
Council at another Worksession.
City Attorney Thomson explained possible issues and case law. She stated the nuisance
ordinance now includes parking violations, but something cannot be made a nuisance by calling it one
- documentation of problems is necessary.
Council Member Enger stated corner lots allow two driveway cuts and that needs to be
limited. He expressed support for Option 6 - "Driveway Plus One" method.
Council Member Ulrich asked what kinds of complaints could be documented, if visual
pollution was included.
City Manager Orduno suggested a community standards ordinance could be developed.
The meeting was adjourned by unanimous consent at 9:26 p.m.
Date Approved: April 13. 2004
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Martin J. Kirsc
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City Manager
Special Worksession Minutes
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CheryM<fumhol
Recording Secretary