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09-28-04 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting September 28, 2004 The meeting was called to order by Mayor Kirsch at 6:31 p.m. Members Present: Martin Kirsch, Mayor; Susan Rosenberg; Gertrude Ulrich; John Enger; and Sue Sandahl. Staff Present: Samantha Orduno, City Manager; Steve Devich, Administrative Services Director; Jim Topitzhofer, Recreation Services Director; Mike Eastling, Public Works Director; Brad Sveum, Acting Fire Services Director; John Stark, Assistant Community Development Director; Pam Dmytrenko, Assistant to the City Manager; Bruce Nordquist, Housing & Redevelopment Manager; Cheryl Krumholz, Recording Secretary; and Corrine Thomson, City Attorney. Russ Susag, 7305 First Avenue, President of Richfield Tourism Promotion Board, presented the board's financial statements and independent auditor's report and the Richfield Visitors Guide. Council Member Ulrich suggested the board may be interested in supporting the upcoming Richfield Historical Society events. Marge Toohey, 6220 James Avenue, representing her block, addressed the City Council with Crosstown issues relating to Madison Park and the surrounding areas. She stated she had a signed petition of James Avenue residents requesting the end of the block be a cul-de-sac rather than a loop road with Knox Avenue. She added that all neighbors, except one, voted against bike paths into the park. Recreation Services Director Topitzhofer explained it was made clear by the neighborhood that they did not want access paths to the park. Item 8 on tonight's agenda does not include plans for a bike path and access paths from James or Logan Avenues. Council Member Sandahl asked Ms. Toohey what the objections were to the path. Ms. Toohey said additional traffic was not wanted, some neighbors did not want non- Richfield residents using the path, more kids and people would use the paths and increase litter, and there was no need to change how it was currently used. Council Member Rosenberg stated the cul-de-sac has also been an issue. Council Meeting Minutes -2- September 28, 2004 Public Works Director Eastling explained a cul-de-sac would require extending into front yards and access for snowplows and emergency vehicles is a concern. The loop road is the only option. Ms. Toohey stated the cul-de-sac is wanted because of speeding cars and safety issues. Mr. Eastling explained the Transportation Committee supported the path access and loop road. Mayor Kirsch led the audience in the Pledge of Allegiance. M/Rosenberg, S/Sandahl to approve the minutes of (1) Special City Council Meetino of September 8. 2004: and (2) Reoular City Council Meetino of September 16. 2004. Motion carried 4-0. (Ulrich absent.) Item #1 Derrick Knight, Orfield Labs, outlined the study including measurement rationale, measurement set-up and conditions, highlighted results and conclusions. Council Member Enger said there should be a method to determine noise levels at 15th, 16th and 17th Avenues since current levels were determined at 64th Street and 18th Avenue. He said the study should have gone further south. City Manager Orduno stated the area was decided by the experts. Council Member Sandahl asked about this study providing adequate basic measurement data to extrapolate current and future noise conditions. Steve Orfield, Orfield Labs, explained the analyses used by his lab are more advanced than the FAA. Item #2 Council Member Rosenberg commended Bob Houlton and his committee for their work on Cattail Days. She stated that events such as this are what make Richfield's quality of life so good. Council Meeting Minutes -3- September 28, 2004 Item #3 City Manager Orduno stated the City Council received a copy of the Minneapolis-St. Paul International Airport 2020 Vision, which are NWA plans. Council Member Ulrich requested the City Council receive a copy of MAC's 2010 plan. Assistant to the City Manager Dmytrenko explained MAC doesn't have a more recent plan yet but they would probably use the NWA plan since Governor Pawlenty supported it. Mayor Kirsch reported on last week's meeting with Dan McElroy, Chief of Staff to the Governor, regarding Part 150 sound insulation program concerns. Council Member Enger questioned why NWA could dictate how MSP operates. Item #4 Council Member Enger requested the City Council agenda be revised to include a resolution and first reading of an ordinance authorizing a study to be conducted pertaining to front- yard parking regulations and placing a moratorium on the installation of pavement in front-yard areas. This would put regulations in place until the final ordinance to establish guidelines is effective. Mayor Kirsch made this Item 10B. M/Enger, S/Ulrich to approve the aQenda as amended. Motion carried 5-0. Item #5 A. Approved resolutions appointing additional election judges and high school student trainee election judges for November 2, 2004 General Election S.R. No. 154 RESOLUTION NO. 9520 RESOLUTION APPOINTING ADDITIONAL ELECTION JUDGES FOR THE GENERAL ELECTION OF NOVEMBER 2, 2004 RESOLUTION NO. 9521 RESOLUTION APPOINTING HIGH SCHOOL STUDENT TRAINEE ELECTION JUDGES FOR THE GENERAL ELECTION OF NOVEMBER 2, 2004 These resolutions appear as Resolution No.'s 9520 arid 9521 in Resolution Book No. 75. B. Approved resolution certifying delinquent water and sewer utility accounts to County Auditor S.R. No. 155 Council Meeting Minutes -4- September 28, 2004 RESOLUTION NO. 9522 RESOLUTION AUTHORIZING CERTIFICATION OF UNPAID SEWER AND WATER SERVICE CHARGES TO THE COUNTY AUDITOR TO BE COLLECTED WITH OTHER TAXES ON SAID PROPERTIES This resolution appears as Resolution No. 9522 in Resolution Book No. 75. C. Approved bid minutes/tabulation and award of contract to Zamboni Company for purchase of new electric ice resurfacer for Richfield Ice Arena in the amount of $57,091.77 S.R. No. 156. M/Rosenberg, S/Sandahl to approve the Consent Calendar. Motion carried 5-0. Item #6 None. Item #7 Council Member Ulrich presented Staff Report No. 157 regarding a resolution regarding a 2004 labor contract with International Association of Firefighters, Local 1215. M/Ulrich, S/Rosenberg that the followinq resolution be adopted, that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 9523 RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF), LOCAL 1215 BARGAINING UNIT FOR THE YEAR 2004 Council Member Enger asked about the increase in health insurance. Administrative Services Director Devich explained health insurance increased considerably more than the $50 contributed by the City. The City has tried to be in the 70% contribution range but this year it dropped to the 63% range. Mr. Oevich clarified that the clothing allowance total contribution is $480 per year, not $680 as indicated in the Staff Report. Council Member Enger asked about the difference in the annual cost for long-term disability (L TD). Mr. Devich explained Firefighters are the only full-time employees who do not have LTD. Motion carried 5-0. This resolution appears as Resolution No. 9523 in Resolution Book No. 75. Council Meeting Minutes -5- September 28, 2004 Item #8 Council Member Rosenberg presented Staff Report No. 158 regarding consideration of a Letter of Understanding between MnDOT and the City of Richfield regarding impacts of 1-35 and Highway 62 Crosstown Commons Reconstruction Project on Madison Park. Recreation Services Director Topitzhofer reviewed the Letter of Understanding and the draft plans regarding permanent parkland acquisition, remnant portions of residential parcels to be turned back to the City for park purposes and temporary construction easement. Council Member Sandahl stated opposition to the residents purchasing the land on the north end because the City needs to keep parkland and a walking area is preferred. M/Rosenberg, S/Enger to accept the content oHlle Letter of Understandinq between MnDOT and the City of Richfield reqardinq the impacts of the 1-35 and Hiqhwav 62 Crosstown Commons Reconstruction Proiect on Madison Park. Motion carried 5-0. Council Member Rosenberg requested the neighborhood continue to be involved in this project. Item #9 Council Member Sandahl presented Staff Report No. 159 regarding consideration of modifications to a license agreement with Best Buy Company for use of 1-494 RALF property as a Park-N-Ride lot by Metropolitan Council (Metro Council). M/Sandahl, S/Ulrich to approve modifications to the license aqreement with the Best Buv Company for use of the 1-494 RALF property. Council Member Sandahl asked about Best Buy and the Met Council's approval of the modifications. Rick Rovang, Met Council Metro Transit representative, explained there were negotiations with the parties with some variations. Aaron Isaacs, Met Council Metro Transit representative, explained the differences including transfer locations, are in detail but the substance is the same. Council Member Rosenberg asked about additional bus routes. Mr. Rovang explained the increase of service as part of the Section 5 restructuring and a key part of the implementation. Council Member Rosenberg stated the 76th Street entrance ramp onto southbound 1-35W is necessary because this transit service benefits not only the nearby area but regionally. Council Member Sandahl asked about the estimated number of cars using the park-n-ride. Mr. Rovang explained the lots typically fill up in three to five years. Council Meeting Minutes -6- September 28, 2004 Council Member Enger asked about future provisions to replace the lot when 1-494 is widened. Mr. Isaacs explained there has been planning with MnDOT when the land is required for right-of-way for the 1-35W/I-494 reconstruction. Council Member Enger asked about the number of additional buses anticipated. Mr. Isaacs explained the current and proposed service. City Attorney Thomson stated that due to a miscommunication between her office and City staff, the agreement was not in the City Council packet. She explained there were numerous amendments but the City's obligations do not increase. Most of the changes reflect Metro Transit using the property, which is a change from the original agreement. Council Member Enger asked about the lost tax revenue and the financial obligations to the City. City Attorney Thomson stated Hennepin County has been asked to verify the area is tax exempt so the City would not be responsible for reimbursing lost revenue to other taxing jurisdictions. Motion carried 5-0. Russ Susag, District 5 Met Council Representative, thanked City and staff from Best Buy, Met Council and City in working out the agreement. He added that park-n-rides are needed to increase bus ridership. . Item #10 Mayor Kirsch presented Staff Report No. 160 regarding consideration of a subdivision waiver to approve the Registered Land Survey for City Bella. M/Kirsch, S/Ulrich that the followinQ resolution be adopted. that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 9525 RESOLUTION AUTHORIZING A SUBDIVISION WAIVER CITY BELLA 75. Motion carried 5-0. This resolution appears as Resolution No. 9525 in Resolution Book No. Item #108 Council Member Enger presented Item 10B regarding a resolution and ordinance authorizing a study to be conducted pertaining to front-yard parking regulations and placing a moratorium on the installation of pavement in front-yard areas. Council Meeting Minutes -7- September 28, 2004 Council Member Enger stated he has received several calls on this issue and requested the City Council pass the moratorium until the final ordinance is passed in October 2004 since front- yard parking regulations have been discussed by the City Council in the past. City Attorney Thomson explained the proposed action'will adopt the resolution effective upon adoption and giving first reading of the ordinance and setting second reading for the October 12, 2004 City Council meeting. The City Council needs to determine as a policy if the moratorium is applicable to pending permit applications. There are two pending applications with at least one not complying with the current ordinance since it's twice the area of what's allowed currently and four times what's allowed in the proposed ordinance. It is a competing policy issue regarding fairness to allow the improvements now, but not being able to use the area in the future. City Attorney Thomson said the resolution and ordinance would be revised based upon the City Council decision regarding pending permit applications. Mayor Kirsch stated people may be lead down a path of no return if the space cannot be used. Council Member Enger said the moratorium should apply to all permits not yet approved until the final ordinance is approved on October 12, 2004. Council Member Sandahl expressed support for the moratorium applying to pending and future permit applications because use may not be permitted after installation. Assistant Community Development Director Stark stated the proposed ordinance addresses zoning not licensing issues. City Attorney Thomson stated the resolution paragraph 3 and the ordinance section 3.03 will be revised to include: The moratorium shall apply to all p~rmit applications received, but not yet approved. M/Enger, S/Ulrich that the followino revised resolution be adopted. that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 9524 A RESOLUTION AUTHORIZING A STUDY TO BE CONDUCTED PERTAINING TO FRONT- YARD PARKING REGULATIONS AND PLACING A MORATORIUM ON THE INSTALLATION OF PAVEMENT IN FRONT-YARD AREAS Tim Hilde, Richfield Blacktop, asked about turnaround areas. Assistant Community Development Director Stark said the areas would be prohibited during the moratorium. City Manager Orduno explained the ordinance approval timeline and the effective date of 30 days after legal publication. Mr. Hilde cited safety and changing families as reasons to permit turnaround areas. He requested the City Council not pass the moratorium so the construction season can finish and it could be re-considered again. Council Member Enger stated the final ordinance would address turnarounds and front yard parking regulations. Richard Peterson, 7314 Bloomington Avenue, explained his driveway improvement poses no safety or health hazards and that he believes the moratorium to be unfair and only serves to appease a few people. Council Member Enger explained the main reason for the regulations is to limit the number of paved front yards with several cars parked on it, which is not attractive for most neighbors. Council Meeting Minutes -8- September 28, 2004 75. Motion carried 5-0. This resolution appears as Resolution No. 9524 in Resolution Book No. Item #11 M/Ulrich, S/Rosenberg that the followinQ claims and pavrolls be approved: RICHFIELD BANK & TRUST CO. AlP Checks: 134572 - 134941 PAYROLL 39554 - 39567 TOTAL $ 1,114,690.88 $ 444,338.62 $ 1,559,029.50 Motion carried 5-0. Item #17 The City Council meeting was adjourned by unani:ous. consent ~t 8:251m. I Dale Approved: October 26. 2004 ~~ JU Marti J. Ki ch Ma or ~~ Cheryl rum olz Recording Secretary CITY OF RICHFIELD, MINNESOTA Bid Opening September 16, 2004 11 :00 a.m. One New Ice Resurfacer City Bid No. 04-08 Pursuant to requirements of Resolution No.1 015, a meeting of the Administrative Staff was called by Nancy Gibbs, City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for one new ice resurfacer, bid no. 04-08, as advertised in the official newspaper on September 2, 2004. Present: Nancy Gibbs, City Clerk Doris Swanson, City Manage'r Representative Jim Topitzhofer, Recreation Services Director AI Payne, Facilities Manager The following bid was submitted and read aloud: Frank Zamboni & Company, Incorporated Name Parumount, California Bid Security $4500 Certified Check Base Bid $86,583.46 Alternates Deduct Heavy-Duty Acid Batteries -$6,000 Add Advertising Racks $535.29 Add Water Gun For Batteries $198.69 Add Electronic Water level Siqht Gauqe $274.33 less Trade-In Of 1994 Zamboni 552 -$24,500 TOTAL $57,091.77 The City Clerk announced that the bid would be tabulated and considered at the September 28, 2004 City Council Meeting.