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.
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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.
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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
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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.
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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.
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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.
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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.
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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.