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02-26-08 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting February 26, 2008 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:13 p.m. ROLL CALL Members Present: Debbie Goettel, Mayor; Susan Rosenberg; Fred Wroge; Sue Sandahl; and Bill Kilian. Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; John Stark, Interim Community Development Director; Barry Fritz, Acting Public Safety Director; Brad Sveum, Fire Services Director; Kristin Asher, Assistant City Engineer; Pam Dmytrenko, Assistant to the City Manager; Corrine Heine, City Attorney; and Cheryl Krumholz, Recording Secretary. OPEN FORUM None. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES Mayor Goettel requested a motion to amend the Regular City Council meeting minutes of February 12, 2008 as follows: Council Meeting Minutes -2- February 26, 2008 Page 3, Item 4 ? Revise who made the motion to approve the agenda: M/Kilian, S/Wroge. Page 6, Item 7 ? Add: M/Rosenberg, S/Kilian to close the public hearing. Motion carried 4-0. ? Revise who seconded the motion to adopt the resolution: S/Wroge. M/Kilian, S/Wroge to approve the minutes of (1) Special City Council Meeting of February 12, 2008; (2) Special City Council Worksession of February 12, 2008; (3) as amended, Regular City Council Meeting of February 12, 2008. Motion carried 5-0. Item #1 COUNCIL DISCUSSION ? HATS OFF TO HOMETOWN HITS Council Member Rosenberg thanked City staff for setting up tonight’s City Council meeting at the school. Council Member Rosenberg announced that the Centennial birthday party was a success. Council Member Wroge acknowledged the undefeated Richfield High School Girls’ basketball team and wished them luck in the tournaments. Council Member Sandahl distributed a book regarding the history of Penn Cycle, which originated in Richfield. Council Member Wroge added that Erik’s Bike Shop also began in Richfield. Mayor Goettel thanked Council Member Rosenberg for her work with the Celebrations Commission. Item #2 COUNCIL APPROVAL OF AGENDA M/Wroge, S/Kilian to approve the agenda. Motion carried 5-0. Item #3 CONSENT CALENDAR A. Consideration of approval of first reading of transitory ordinance authorizing construction of storm sewer lift station in Augsburg Park and scheduling public hearing and second reading for March 25, 2008 S.R. No. 47 B. Consideration of approval of resolution authorizing donation of used computer equipment to Independent School District #280 S.R. No. 48 Council Meeting Minutes -3- February 26, 2008 RESOLUTION NO. 10063 RESOLUTION AUTHORIZING THE TRANSFER OF USED COMPUTER EQUIPMENT TO INDEPENDENT SCHOOL DISTRICT #280 This resolution appears as Resolution No. 10063. C. Consideration of approval of amended resolution authorizing use of funds for 2008 Urban Hennepin County Community Development Block Grant Program S.R. No 49 RESOLUTION NO. 10062 RESOLUTION AUTHORIZING USE OF FUNDS FOR THE 2008 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING EXECUTION OF SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY REQUIRED THIRD PARTY AGREEMENTS This resolution appears as Resolution No. 10062. D. Consideration of approval of resolution extending a commitment for a nine month period that the City will not sell, or encumber through easement or license or otherwise, any land that it owns within area covered in Preliminary Agreement between Richfield HRA and TOLD Development Company and extending right-of-entry agreement for same area S.R. No. 50 RESOLUTION NO. 10064 RESOLUTION RELATING TO THE DEVELOPMENT OF CITY-OWNED PROPERTY This resolution appears as Resolution No. 10064. E. Consideration of approval of work proposal from WSB & Associates to provide final design and construction inspection services for 73rd Street and First Avenue Storm Sewer Project Improvement S.R. No. 51 F. Consideration of approval of resolution accepting $50,000 Non-Motorized Transportation Pilot Program federal grant to perform Richfield Arterials Design Study and hiring engineering consulting firm, Howard R. Green Company, to conduct study S.R. No. 52 RESOLUTION NO. 10065 RESOLUTION AUTHORIZING ACCEPTANCE OF NON- MOTORIZED TRANSPORTATION PILOT PROGRAM GRANT AND AUTHORIZE THE CITY TO ADMINISTER THE FUNDS IN ACCORDANCE WITH GRANT AGREEMENTS AND TERMS PRESCRIBED BY THE DONORS This resolution appears as Resolution No. 10065. G. Consideration of approval of 2008 renewal of El Jalapeno’s off-sale 3.2 percent malt liquor license (tabled from February 12, 2008) S.R. No. 53 Council Member Wroge requested discussion of Item 3G. Council Meeting Minutes -4- February 26, 2008 City Manager Devich presented Staff Report No. 53. City staff checked with Richfield Inspections, Richfield Zoning, and Richfield Environmental Health. All indicated that they have no issues with El Jalapeno that would warrant delaying or not approving their off-sale 3.2 malt liquor license. Council Member Wroge questioned the monitoring of vehicles driving over the curb onto the parking lot east of the building. City Manager Devich responded that Public Safety/Police and Public Works staffs are aware of the situation. M/Sandahl, S/Wroge to approve the Consent Calendar. Motion carried 5-0. CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT Item #4 CALENDAR None. Item #5 CONSIDERATION OF SECOND READING OF ORDINANCE AMENDING SUBSECTIONS 1125.03, 1188.19 AND 1195.09 OF CITY CODE RELATED TO PARKING AND ZONING REGULATIONS FOR CAR WASH, THERAPEUTIC MASSAGE AND AUTO DETAILING ESTABLISHMENTS S.R. NO. 54 Council Member Kilian presented Staff Report No. 54 M/Kilian, S/Sandahl that this constitutes the second reading of Bill No. 2008-3 to approve ordinance amending subsections 1125.03, 1188.19 and 1195.09 of City Code related to parking and zoning regulations for car wash, therapeutic massage and auto detailing establishments, that it be published in the official newspaper and that it be made part of these minutes. Motion carried 5-0. Item #6 CONSIDERATION OF SECOND READING OF NEW SECTION 550 OF CITY CODE RELATED TO FLOODPLAIN MANAGEMENT REGULATIONS S.R. NO. 55 Council Member Sandahl presented Staff Report No. 55. M/Sandahl, S/Kilian that this constitutes the second reading of Bill No. 2008-4 to approve new section 550 of City Code related to floodplain management regulations, that it be published in the official newspaper and that it be made part of these minutes. Motion carried 5-0. Council Meeting Minutes -5- February 26, 2008 Item #7 CONSIDERATION OF RESOLUTION APPROVING PROVISIONS OF 2008-2009 LABOR AGREEMENT WITH 911 DISPATCHERS LAW ENFORCEMENT LABOR SERVIES LOCAL 225 S.R. NO. 56 Council Member Wroge presented Staff Report No. 56. M/Wroge, S/Kilian that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10066 RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND LAW ENFORCEMENT LABOR SERVICES (LELS), LOCAL 225 BARGAINING UNIT FOR THE YEARS 2008-2009 Motion carried 5-0. This resolution appears as Resolution No. 10066. Item #8 CONSIDERATION OF RECOMMENDED STREETSCAPE DESIGN CONCEPTS FOR RECONSTRUCTION OF PORTIONS OF 75TH STREET, 76TH STREET, 11TH AVENUE, 72ND STREET AND DIAGONAL BOULEVARD IN CONJUNCTION WITH METROPOLITAN COUNCIL’S SANITARY SEWER PROJECT S.R. NO. 57 Mayor Goettel presented Staff Report No. 57. Public Works Director Eastling stated that the City Council discussed these concepts at a Special Worksession on February 12, 2008. Values were identified by the community and commissions and balanced as part of the streetscape. Jack Broz, H. R. Green representative, presented an overview of the proposed streetscape, including the community-based process. Jim Harbaugh, H. R. Green representative, discussed the streetscape design features along the corridors. Mr. Broz discussed the parking value and the balance with bike lanes and trails. The sidewalk and bike lane widths vary depending upon the available right-of-way. Public Works Director Eastling stated that most sidewalks in the City have widths of five feet and are difficult to maintain when close to the right-of-way. Maintenance staff were favorable of the proposed sidewalk design. Council Member Wroge questioned the potential for snowplowing damage to the curbs from the bump-out features because of the narrowing of the road. Public Works Director Eastling responded that the bump-outs are not seen as negatives, but do present a new snowplowing challenge that will be reviewed. He said he would provide information on how other cities handle this situation. Council Meeting Minutes -6- February 26, 2008 Mr. Harbaugh stated the design allows easy navigation for snowplowing. Council Member Kilian stated that snowplowing is done for a short time of the year. The bump-out does keep cars away from unsafe intersection parking. Mr. Harbaugh added that legal parking stalls are not being removed. Council Member Sandahl stated these features are only a small section of the corridor and this four-block area could be a test to determine if it should continue into the future as a traffic calming measure. Mayor Goettel stated this was an innovative idea because people are looking for traffic calming. Mr. Harbaugh discussed Diagonal Boulevard not being part of the Three Rivers Park District and the inclusion of potential trail use. Mayor Goettel questioned the availability of funding for the 11th Avenue to Cedar Avenue section. Mr. Broz responded there currently is no funding for that section but that it was studied as part of the streetscape design. The Three Rivers plan is segmented with 11th Avenue to Xerxes Avenue included in this project. Jonathan Vlaming, Three Rivers Park District representative, discussed the long-term goals, including the trail planning, if funding mechanisms are determined to coincide with the Metropolitan Council project. Council Member Wroge suggested considering Bloomington Avenue not 12th Avenue for a trail. Mr. Vlaming responded that the possibility would be explored. He continued with a discussion of the regional trail width, amenities and maintenance. The trails are typically closed and not plowed from November 15 to March 15, but the community has the option to keep them open. A trailway co- operative agreement to define responsibilities will need to be prepared. Mr. Broz explained the value statement that bikes need a safe area on the streets, including a concrete bike lane and blacktop street to assist with differentiating the space. Council Member Wroge asked about the Metropolitan Council providing the funding for the different surfaces. Public Works Director Eastling responded the current street is concrete and a blacktop replacement is less costly and easier to maintain and make whole again if work needs to be done. The Metropolitan Council funds the entire cost because it is a lesser costing project. Deborah Manning, Metropolitan Council representative, explained the streetscape includes a blacktop street and concrete bike lanes which results in an equal cost to having the street restored “as is.” Council Member Wroge questioned who would be responsible for the costs if the concrete needed to be torn up for maintenance work since it is more expensive. Council Meeting Minutes -7- February 26, 2008 Public Works Director Eastling stated the concrete bike lanes will be reviewed during the final design. Council Member Kilian said that overall there are tradeoffs but they are workable, with the details still needing further review. Public Works Director Eastling clarified that the presentation tonight is not the final engineering design. Mayor Goettel stated the process was good with the public’s voice well heard. Council Member Sandahl stated the partnering of the agencies to work together to achieve a common goal was a good use of tax dollars. Council Member Kilian added that previously there were no trees but they are now an attribute to the streetscape. M/Goettel, S/Sandahl to approve the recommended streetscape design concepts for reconstruction of portions of 75th Street, 76th Street, 11th Avenue, 72nd Street and Diagonal Boulevard in conjunction with Metropolitan Council’s sanitary sewer project. Motion carried 5-0. Item #9 CONSIDERATION OF RESOLUTION ESTABLISHING JUST COMPENSATION AND AUTHORIZING PURCHASE OF PARTIAL RIGHT-OF-WAY TAKINGS AT 700-1150 WEST 78TH STREET, 7745 LYNDALE AVENUE AND 400 WEST 78TH STREET NEEDED TO COMPLETE LYNDALE AVENUE BRIDGE OVER I-494 PROJECT S.R. NO. 58 City Manager Devich presented Staff Report No. 58. City Manager Devich stated that if the City Council had questions about the appraisals or proposed offers the City Council must go into closed executive session to discuss those issues. City Attorney Heine explained the City Council has the authority to conduct a closed session to discuss strategies and negotiations on properties. It is not required or necessary but it is an option. The City Council agreed that no closed session was needed at this time. M/Rosenberg, S/Kilian that the following resolution be adopted and that it be made part of these minutes: Council Meeting Minutes -8- February 26, 2008 RESOLUTION NO. 10067 RESOLUTION ESTABLISHING JUST COMPENSATION AND AUTHORIZING PURCHASE OF ACCESS CHANGES, REPLACEMENT OF A TOWER SIGN, PERMANENT DRAINAGE AND UTILITY EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS LOCATED AT 400 W. 78TH STREET, 70-1150 W. 78TH STREET AND 7745 L YNDALE AVENUE (L YNDALE AVENUE BRIDGE REPLACEMENT PROJECT) Motion carried 5-0. This resolution appears as Resolution No. 10067. litem #10 I CITY MANAGER'S REPORT City Manager Devich introduced Deputy City Clerk Theresa Schyma. litem #15 I CLAIMS AND PAYROLL M/Rosenberg, S/Sandahl that the followinq claims and pavrolls be approved: U.S. BANK 02-26-08 NP Checks: 166278 - 166577 PAYROLL 46761 - 47099,41331 - 41332 TOTAL $ 1,846,875.87 $ 508,253.34 $ 2,355,129.21 Motion carried 5-0. The City Council meeting was adjourned by unanimous consent at 8:30 p.m. ~~~ Cheryl Kr holz Recording Secretary Date Approved: March 11, 2008