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11-26-02 Regular I I I CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting November 26, 2002 The meeting was called to order by Mayor Kirsch at 6:30 p.m. Martin Kirsch, Mayor; Susan Rosenberg; Gertrude Ulrich; Sue Sandahl; and John Enger. Samantha Orduno, City Manager; Steven Devich, Administrative Services Director; Bruce Palmborg, Community Development Director; Mike Eastling, Public Works Director; Dan Scott, Public Safety Director; Jim Topitzhofer, Recreation Services Director; Chris Regis, Finance Manager; George Atkinson, Engineering Supervisor; Cheryl Krumholz, Recording Secretary; and Corrine Thomson, City Attorney. M/Rosenberg, S/Sandahl to excuse Council Member Ulrich from the Special Concurrent City Council/HRA Worksession on November 20, 2002. Members Present: Staff Present: Motion carried 5-0. No one was registered to speak. i//:"'-" m '"d./,L;:",!, % 'W -,.., ORS AND PLEDGE;OF ALLEGlt Mayor Kirsch led the audience in the Pledge of Allegiance. M/Rosenberg, S/Ulrich to approve the minutes of the Reqular City Council Meetinq of November 12, 2002. Council Meeting Minutes -2- November 26, 2002 Motion carried 5-0. Item #1 City Manager Orduno stated the sealcoating process is discussed tonight as requested by Council Member Rosenberg. Public Works Director Eastling stated that Richfield streets experience a long life because of good soil and surface sealcoating. Engineering Supervisor Atkinson presented information related to the sealcoating process, weather conditions, public relations, alternatives and a survey of neighboring communities. Mr. Atkinson stated the alternatives to be implemented this next season include: . Allow parking after placing gravel . Seal avenues, two days later seal streets . Tighten sweeping requirements Council Member Enger asked about the humidity level and its affect on the sealcoating. Mr. Atkinson explained the level is set by State of Minnesota standards. Council Member Enger asked how many signs are posted on a block. Mr. Atkinson said there are four signs on each north/south block and two signs on each east/west block. Council Member Enger stated the City gives plenty of notice, but suggested additional signs on each block. He also said the City should not go around parked cars or pay to move cars. He added the City does a good job of street maintenance. Council Member Rosenberg stated appreciation for tonight's explanations, especially the implementation of additional parking options with sealcoating north/south streets at a different time than east/west streets. She added that tightening the sweeping schedule will help. Council Member Sandahl asked about the towing cost. Mr. Atkinson said the cost is approximately $110 per vehicle. Council Member Sandahl requested two additional commissions be established: . Celebration Commission to provide long-term planning for the City's 1 OO-year anniversary in 2008 and assist other celebration volunteers with their efforts. . Arts Commission to provide another outlet for volunteers to beautify the City and to assist the recently-formed Richfield Beautiful Committee. Council Member Rosenberg stated support for these two new commissions. The City Council directed staff to begin the process to establish the Celebration Commission and Arts Commission. I I I I I I ~~---~ "-~~.,....;,-- --- Council Meeting Minutes -3- November 26, 2002 City Manager Orduno said, depending upon the process, this matter will return to the City Council for approval in December or January. Council Member Ulrich reported on the November 25, 2002 Star Tribune editorial, "The Local Lobby - it's big and getting bigger". She said it is clear that the writer has no understanding of local government. She suggested the Richfield City Council prepare a response and also discuss this matter with the League of Minnesota Cities and Association of Metropolitan Municipalities. City Manager Orduno said she will prepare a response and also speak with Jim Miller at the League of Minnesota Cities. Council Member Rosenberg suggested it also be discussed at the upcoming annual meeting with the local Legislators. Council Member Sandahl requested the discussion also include the cost of unfunded mandates required by the Legislature. Item #2 M/Rosenberg, S/Sandahl to approve the aqenda. Motion carried 5-0. Item #3 A. Approved resolution authorizing amendment to LCTS sub-contractor agreement with Hennepin County S.R. No. 279 RESOLUTION NO. 9258 A RESOLUTION AUTHORIZING AMENDMENT TO LCTS SUB-CONTRACTOR AGREEMENT WITH HENNEPIN COUNTY AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AMENDMENT TO LCTS SUB-CONTRACTOR AGREEMENT This resolution appears as Resolution No. 9258 in Resolution Book No.7 4. B. Approve contract renewal with Chief's Towing for Public Safety towing services from December 1, 2002 through November 30,2003 S.R. No. 280 M/Rosenberg, S/Sandahl to approve the Consent Calendar. Motion carried 5-0. Item #4 $E~~iTION'OFfITEMS,~IF ANY;:REMOVED FROM C~N~~N ~.' .:~.' 'W"~'" ~ ,'.~~{i{~ None. I J Council Meeting Minutes -4- November 26, 2002 Item #5 I City Manager Orduno reviewed Staff Report No. 281 regarding a resolution giving preliminary approval to financing for a project to be undertaken by Academy of Holy Angels, 6600 Nicollet Avenue. Finance Manager Regis stated the City Council action tonight is the second of three steps to approve the financing for this project pursuant to Minnesota Statute, Section 469.154. He stated the City would not be financially liable. Jill Reilly, Academy of Holy Angels President, summarized the project including the creation of a new convocation center, new classrooms, handicapped accessibility and better traffic flow on Nicollet Avenue. John Bierbam, Academy of Holy Angels Board of Trustees representative, explained the financial assistance the bonds will provide to the school. Council Member Ulrich explained why the City was involved in this project and the revenue bond guidelines. M/Rosenberg, S/Ulrich to close the public hearinq. Motion carried 5-0. M/Sandahl, S/Enger 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. 9259 I RESOLUTION GIVING PRELIMINARY APPROVAL TO THE FINANCING OF A PROJECT TO BE UNDERTAKEN BY ACADEMY OF HOLY ANGELS PURSUANT TO MINNESOTA STATUTES, SECTION 469.154, AND AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE MINNESOTA DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT AND THE PREPARATION OF NECESSARY DOCUMENTS Motion carried 5-0. This resolution appears as Resolution No. 9259 in Resolution Book No. 74. Item #6 City Manager Orduno reviewed Staff Report No. 282 regarding consideration of the design of the pedestrian crosswalk with a raised median island on Lake Shore Drive between 66th Street and Lyndale Avenue, which was deferred from the November 12, 2002 City Council meeting. I Public Works Director Eastling provided background related to the pedestrian crosswalk and on-street parking on Lake Shore Drive between 66th Street and Lyndale Avenue. He stated this work is funded by the City Bella project. He reviewed the three design alternatives for the Lake Shore Drive improvements. I I I ~'.;.o .,-~~ ---~~?':#., 'I Council Meeting Minutes -5- November 26, 2002 M/Mayor Kirsch, S/Rosenberg to recommend handicapped parkinq on the north side of Lake Shore Drive adiacent to Gramercy,"-a raised island with two yellow flashinq Iiqhts at the crosswalk, and a bike lane on the north and south side of the street. Public Works Director Eastling said there are 12 parking stalls on the north side of Lake Shore Drive. Council Member Sandahl stated support for the handicapped parking by Gramercy, but not for additional parking further down Lake Shore Drive because the proposed project for that area already has on-site parking. She also stated support for the larger bike lanes. Council Member Ulrich said she did not approve on-street parking on either side of Lake Shore Drive, but she did support bike lanes on both sides. Council Member Enger stated opposition to on-street parking, but supported the bike lanes. He asked why there was a median only for the crosswalk by Gramercy and not one for the crosswalk further to the west on Lake Shore Drive. Public Works Director Eastling explained the crosswalk across from Gramercy has higher pedestrian traffic. He added no request was made to consider the western crosswalk, but it could be reviewed if the City Council desired. Council Member Enger said a median for that area might need to be considered in the future. He stated the varying width of the bike lanes due to on-street parking may cause confusion. Council Member Sandahl suggested the City Council consider no parking on Lake Shore Drive except two handicapped stalls adjacent to Gramercy with the street narrowing for that parking only and wider bike lanes. Council Member Enger stated it would be confusing to bikers and vehicles if the lane widths change anywhere. Public Works Director Eastling said the lane transitions could be made to work. Mayor Kirsch asked how the bike lanes are marked. Public Works Director Eastling said there is a solid white line on the edge of the vehicle lane. Council Member Rosenberg asked if the design options address the speeding issue. She stated support for the on-street parking, especially the handicapped stalls. City Manager Orduno said the goal is to slow down traffic and the raised median addresses that problem. Council Member Sandahl asked if no on-street parking at this time prevented a change to allow parking if so desired in the future. Public Works Director Eastling said there would not be a problem, the street could be re- striped. Council Member Ulrich agreed to the two handicapped parking stalls adjacent to Gramercy because that was the reason this matter came before Council originally. Council Meeting Minutes -6- November 26, 2002 Council Member Enger asked why the curb line was extended at Gramercy and the cost. Public Works Director Eastling explained it was a Transportation Engineer determination I and it was funded by the developer, not the City. Council Member Enger said establishing pedestrian safety to cross Lake Shore Drive was the goal for this review. He asked about the cost related to a "tap and go" light for the pedestrian. Public Works Director Eastling stated this option would be expensive, but the City did not pursue cost factors because the developer is funding this improvement. Council Member Enger suggested a cost comparison between the island and "tap and go" light be provided. Public Works Director Eastling explained why there is greater safety with the island. He added that the flashing lights were not previously considered so he requested returning to the City Council with information related to this option. Council Member Sandahl asked if Mayor Kirsch and Council Member Rosenberg would accept an amendment to the original motion or if they would consider withdrawing their motion. Council Member Ulrich asked for a point of order, because it could be premature for the City Council to take action tonight if staff is returning to the Council with information related to the flashing lights and the handicapped parking adjacent to Gramercy. Mayor Kirsch and Council Member Rosenberg withdrew their original motion. I Council Member Sandahl said the City Council could make a recommendation tonight. M/Sandahl, S/Rosenberg to recommend the desiGn alternative on Lake Shore Drive to include two handicapped accessible on-street parkinG stalls adiacent to Gramercy, the median island with two flashinG liGhts, and 10' wide bike lanes on the north and south sides of the street with narrowinG where necessary. Council Member Sandahl asked about traffic flow for left-hand turns into Wood Lake Nature Center with the changed design. Public Works Director Eastling said traffic would wait which may result with drivers swinging into the bike lane to get around the turning vehicle. Public Works Director Eastling said the City Council recommendations would be presented with the City Bella final development plan. Motion carried 5-0. Item #7 I No report. I I I Council Meeting Minutes -7- November 26, 2002 Item #8 M/Rosenberg, SISandahl that the followinq claims and payrolls be approved: RICHFIELD BANK & TRUST CO. AlP Checks: 120115- 120478 PAYROLL 33322 - 33665 TOTAL $ 2,016,091.94 $ 460,432.52 $ 2,476,524.46 Motion carried 5-0. Jeanne Biever, 6701 17th Avenue, asked the City Council for their feedback on the October 24, 2002 taped meeting between the City Manager and her and also on the five page Council Memo #143 dated October 31, 2002. She stated she has exercised her rights under the State Data Practices Act because she believes the tape and memo to be inaccurate. Council Member Rosenberg stated she is satisfied with the City Manager's explanation related to the tape and memo and does not believe there was any tampering or editing of the tape. Council Member Sandahl stated she did not believe the tape was tampered with. She added that the conversation between the City Manager and Ms. Biever was private and does not affect the City Council determination related to her property. Ms. Biever stated that the City Council may have received a different tape than the one she received. Mayor Kirsch stated he was satisfied with the City Manager's response and did not hear any breaks in the tape. Ms. Biever stated she scheduled a meeting with MAC, the City Manager and a representative from Congressman Martin Sabo's office. She added that Council Member Sandahl asked to attend and that she had no objection to her attending. Council Member Sandahl stated she volunteered to attend. Council Member Ulrich stated she did not feel qualified to decide the authenticity of the tape, but it sounded okay to her and she could find nothing wrong. She added she had a hard time dealing with allegations of mis-doing because she believes the staff to have a high level of integrity and professionalism. Enger stated he preferred not to comment at this time because he had not listened to all of the tape and compared it to the memo. He added he would contact Ms. Biever in the near future to discuss this matter at great length. Mayor Kirsch stated disagreement with Ms. Biever's statement that the City Council may not have the same tape as she received. Ms. Biever stated that the tape and Council Memo have been sent for a federal investigation. Council Meeting Minutes -8- November 26, 2002 The Regular City Council meeting was adjourned by unanimous consent at 7:56 p.m. Date Approved: December 10, 2002 (~ ~ ~kJ Cherylf<rumholz Recording Secretary I I I