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04-11-06 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting April 11, 2006 The meeting was called to order by Mayor Kirsch at 6:35 p.m. Members Present: Martin Kirsch, Mayor; Susan Rosenberg; Sue Sandahl; Fred Wroge; and Bill Kilian. Steve Devich, City Manager; Mike Eastling, Public Works Director; Bruce Palmborg, Community Development Director; Dan Scott, Public Safety Director; Jim Topitzhofer, Recreation Services Director; Pam Dmytrenko, Assistant City Manager; Cheryl Krumholz, Recording Secretary; and Corrine Thomson, City Attorney. M/Sandahl, SlWroge to excuse the absence of Council Member RosenberQ from the March 22 Special City Council MeetinQ and to excuse Council Member Kilian from the April 3 Concurrent City Council/HRA/PC Worksession. Staff Present: Motion carried 5-0. Bill Nelson, 7340 Portland Avenue, addressed the City Council regarding his being notified by the City that he is in ordinance violation for a home business and exceeding the vehicle weight limit on his delivery truck for residential driveways. He explained how his delivery business operates. He requested the City Council consider an exemption to the ordinance or he would sell the business or move. He added he had pictures of other vehicles, including RVs, in Richfield that would be in violation. He said most pickups exceed the one ton weight limit stated in the ordinance. Public Safety Director Scott stated staff received a complaint on this issue. There are three violations - home occupation, items outside that belong to the business, and vehicle exceeding weight restrictions. Staff has been working with Mr. Nelson. Public Safety Director Scott continued there are clear ordinance violations and if the City Council wished to change the ordinance, they would need to provide direction to staff. Council Meeting Minutes -2- April 11, 2006 City Manager Devich requested the City Council give staff time to gather information on this issue and report back to them regarding violations, possible changes, possible exemptions. Council Member Wroge stated that in the past, a Tombstone Pizza truck was at the Sinclair station with a 220-volt, which was probably legal. He expressed concern that if Mr. Nelson is granted an exemption, others will want it also. Council Member Wroge said he wants to support businesses and hoped to find away to make this type of situation legalized in a residential area. He asked Mr. Nelson to consider parking elsewhere. Council Member Wroge said he hoped the pictures taken by Mr. Nelson of other vehicle in violation would be addressed by staff. City Manager Devich stated a determination will be made if alternative parking options, with electrical outlets, is in compliance with the ordinance. Council Member Sandahl suggested an enclosed garage option. Mr. Nelson said that was not an option. Council Member Kilian requested a report with a legal resolution, including options, be provided to the City Council. Mr. Nelson expressed concern that during the interim, he will be cited. Public Safety Director Scott said enforcement would be on hold pending the City Council determination. Council Member Wroge suggested Mr. Nelson check into a parking lot at 77th Street/Pillsbury Avenue that may have storage space available. Roger Schmidt, 7504 Aldrich Avenue, addressed the City Council regarding his concerns on the lack of stop signs in Richfield and the proposed test site is not sufficient. His neighbors indicated to him they would love to see more stop signs. Richfield has changed drastically over the last ten years. He requested the entire stop sign issue be reviewed again. Public Works Director Eastling explained it is the City Council's discretion to act on Transportation Commission recommendations, such as the test area for the stop signs. There is no time restriction on installing additional signs. Mr. Schmidt said there appears to be a lack of response on this issue. Council Member Kilian said the proposed stop sign test area is on the agenda for consideration. Council Member Sandahl stated she agreed with traffic comments regarding the area north of 76th Street and south of Oak Grove Boulevard; there is significant cut through traffic. She suggested a traffic count on all corners of 75th Street/Aldrich Avenue, which could result in this area being the second stop sign test site. Council Member Wroge said the Transportation Commission voted 7-1 to keep the current stop sign policy and having a test site was a compromise. Public Works Director Eastling explained the stop sign basket weave and sub collector street pattern. Council Meeting Minutes -3- April 11, 2006 Council Member Wroge said there is concern of creating increased speed on streets without the stop sign. The City Council is not complacent on this issue, but rather have differing opinions. Council Member Kilian explained the Transportation Commission vote of 7-1 followed a tie vote on the stop sign policy and the frustration of not coming to a decision. Council Member Sandahl stated she received a call from a resident who didn't want stop signs on the corners. Mr. Nelson said reckless action not speed is the issue. Mayor Kirsch led the audience in the Pledge of Allegiance. M/Kilian, S/Rosenberg to approve the minutes of (1) Special City Council Meetina March 22, 2006; (2) Special City Council Worksession of March 28, 2006; and (3) Special City Council Meetina of March 28. 2006. Motion carried 5-0. Item #1 Public Safety Director Scott recognized the City of Richfield Police Reserves and Explorer Scouts. Police Officer Lehman, Coordinator of the Reserves, explained the activities and role of the Reserves program. Police Officer Lammle, Coordinator of the Explorer Scouts, explained activities and role of the Explorers. The City Council thanked the groups for their dedication and help with various events. Item #2 John Hamilton, President of the Civil Service Commission, reported on the Commission's past year's accomplishments. The City Council thanked the Commission for their efforts. Council Meeting Minutes -4- April 11, 2006 Council Member Rosenberg read a proclamation designating National Volunteer Week in Richfield April 17 - 23, 2006. The City Council thanked all the volunteers who assist the community. They encouraged residents to serve on the City's various commissions and committees. Item #3 Council Member Wroge stated the Fourth of July Committee is in desperate need of volunteers to help with planning and participating in activities and events. Council Member Wroge said he received a call from someone who participates in the parade regarding the need this year for personal and vehicle insurance coverage and that this could be an insurmountable expense for small groups. Council Member Wroge continued that he was informed by Frank White, Recreation Services Manager, that the committee conducted a critical analysis of the celebration and determined entry fees to help defray the costs of the parade. He said he'd like to see the parade get bigger, not smaller. Council Member Wroge questioned why the City could not have an umbrella insurance policy over the entire parade. Mayor Kirsch stated the Fourth of July committee and events are not City functions. City Manager Devich explained the Fourth of July Committee and the City are two separate entities, but Recreation Services provides assistance. The City's insurance is through the League of Minnesota Cities Insurance Trust and does not have separate event policies. A separate policy would need to be purchased by the City for coverage of the parade. The Fourth of July Committee would need their own insurance coverage. The carnival is a significant liability, as well as the fireworks. Vendors need coverage, too. The City is protected because the events are on City property. City Manager Devich said the committee is trying to have appropriate insurance coverage for participants. City Attorney Thomson stated the more insurance, the more coverage. The committee is a separate entity. If the City were controlling, appointing members and funding, then the City would be liable because it becomes a City function. However, the committee makes event decisions, is not an arm of the City, and is a non-profit group. Council Member Wroge asked about the committee member liability. City Attorney Thomson stated that's the reason for the procurement of their own insurance for liability. City Manager Devich explained that this is a real struggle for the committee - volunteers don't want the liability, a small number of insurance companies will provide coverage and it's an expensive premium. Recreation Services Director Topitzhofer explained the committee review of parade policies stem from the summer when the street dance was rained out and money was not raised. Last year's event spent down the reserve. The City eliminated their financial support a few years ago; Council Meeting Minutes -5- April 11, 2006 but the committee and events are supported through Public Works, Recreation Services, and Public Safety staff time. The committee does not want to do away with the parade but is reviewing fees. The majority of cities do charge a fee to be in the parade. The $25 fee is lower than for some other events. Council Member Wroge said the concern was not so much the $25 fee but the $300,000/person, $500,000/vehicle insurance coverage. He suggested that if events are rained out again, the City needs to be a financial umbrella over the events. Mayor Kirsch stated the committee was informed they need to be creative in their fundraising. Recreation Services Director Topitzhofer said the community likes the parade but there needs to be fiscal responsibility. Council Member Sandahl reported that Mayor Kirsch and she attended the Oberstar Transportation Forum. She discussed two programs to encourage bicycle, pedestrian and non- motorized transportation - safe routes to bike to school and a Mayor's Challenge to use alternate modes of transportation. Council Member Sandahl discussed a recent Star Tribune article featuring Council Member Rosenberg's husband, Bob, and his Zippo Lighter collection. Council Member Sandahl announced the Wood Lake FOWL Dinner is April 21 at the Minnesota Valley Country Club. This is a fund raiser for the nature center. Council Member Kilian announced the Noise Oversight Committee public input meeting regarding Runway 17/35 operations is April 25 at the City of Bloomington Civic Plaza. Council Member Kilian reported on the recent roundabout seminar conducted by the University of Minnesota that Council Member Sandahl attended and he was a speaker. Item #4 M/Rosenberg, S/Sandahl to approve the aQenda. Motion carried 5-0. Item #5 A. Approved renewal of lawful gambling license and resolution authorizing gambling activity for Minneapolis-Richfield American Legion Post #435, 6501 Portland Avenue SR. No. 73 RESOLUTION NO. 9748 A RESOLUTION GRANTING APPROVAL FOR MINNEAPOLIS-RICHFIELD AMERICAN LEGION POST #435 TO CONDUCT LAWFUL GAMBLING This resolution appears as Resolution No. 9748. Council Meeting Minutes -6- April 11, 2006 B. Approved resolution authorizing City Council not to waive monetary limits on municipal tort liability established by MN Statute 466.04 S.R. No. 74 RESOLUTION NO. 9749 RESOLUTION AFFIRMING MUNICIPAL TORT LIABILITY LIMITS ESTABLISHED BY MINNESOTA STATUTES 466.04 This resolution appears as Resolution No. 9749. M/Rosenberg, S/Sandahl to approve the Consent Calendar. Motion carried 5-0. Item #6 None. Item #7 Council Member Rosenberg presented Staff Report No. 75 regarding a resolution approving provisions of the 2006-07 labor agreement with 9-1-1 Dispatchers LELS Local 225 bargaining unit. City Manager Devich complimented Pam Dmytrenko, Assistant City Manager, for her work on negotiating the agreement. M/Rosenberg, S/Kilian that the followina resolution be adopted, that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 9750 RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND LAW ENFORCEMENT LABOR SERVICES (LELS), LOCAL 225 BARGAINING UNIT FOR THE YEARS 2006-2007 Motion carried 5-0. This resolution appears as Resolution No. 9750. Item #8 Council Member Rosenberg presented Staff Report No. 76 regarding a resolution approving an amendment to 2005-06 labor agreement with Law Enforcement Labor Services, Inc. Local 123. Council Meeting Minutes -7- April 11, 2006 M/Rosenberg, S/Sandahl that the followino resolution be adopted. that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 9751 RESOLUTION DESIGNATING CITY'S CONTRIBUTION TOWARD HEALTH INSURANCE PREMIUMS FOR EMPLOYEES COVERED BY THE LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL 123 Motion carried 5-0. This resolution appears as Resolution No. 9751. Item #9 Council Member Kilian presented Staff Report No. 77 regarding a resolution requesting the Commissioner of Transportation to revoke Municipal State Aid designation from Cedar Avenue from 63rd to 67th Streets and Graham Avenue from Lyndale Avenue to 65th Street and a resolution requesting the Commissioner of Transportation to designate 17th Avenue from Bloomington Avenue to Cedar Avenue as a Municipal State Aid route. M/Kilian, S/Sandahl that the followino resolutions be adopted. that they be spread in the resolution book and that they be made part of these minutes: RESOLUTION NO. 9752 RESOLUTION REVOKING MUNICIPAL STATE AID DESIGNATION FROM CERTAIN CITY STREETS RESOLUTION NO. 9753 RESOLUTION FOR MUNICIPAL STATE AID DESIGNATION OF CERTAIN CITY STREETS Council Member Wroge asked about the existence of Cedar Avenue at 65th through 67th Streets. Public Works Director Eastling explained the designation as a municipal state aid (MSA) route is removed, but not the street itself. Council Member Kilian said to qualify as an MSA route the street needs to connect a higher traffic area that is busy on both ends and Cedar at this point is a dead end. Larry Wozniczka, 6744 Wentworth Avenue, asked the percentage of streets now MSA designated. Council Meeting Minutes -8- April 11 , 2006 Public Works Director Eastling explained the maximum is 20% and Richfield is .02 under that percentage as identified in the Staff Report. Mr. Wozniczka requested an analysis of MSA streets in Richfield. Cedar Avenue is in construction detail mode and not finalized. He expressed support for the Transportation Commission to be asked to review and update the MSA streets so busy-to-busy points are really connected. Cedar Avenue should stay open as a connector street to development so it can blossom as regional commercial. Mr. Wozniczka said putting traffic on 17th Avenue is intrusive to the residents and expensive to construct. He suggested a roundabout at 66th Street/Cedar Avenue as a great opportunity for traffic flow. Public Works Director Eastling explained the rationale for the allocation of the MSA or gas tax allowable funds and their permitted use. Council Member Wroge questioned what happened south of Cedar Avenue on 67th Street with traffic on 17th Avenue related to locking out the area to build up along the Cedar Avenue area now. Public Works Director Eastling explained the Cedar Avenue MSA designation continues to the south of 66th Street depending upon the redevelopment of the area. Council Member Kilian said 17th Avenue may have a different designation, such as parkway, when the development is finished. Bernard Hurley, 6414 17th Avenue, questioned the level of anticipated traffic on 17th Avenue and requested Cedar Avenue be kept open for all traffic. Closing Cedar Avenue may eliminate traffic to the Cedar Liquor Store which is one of the City's more profitable sites. Also, portions of Taft Park will be removed as the roads are moved. Traffic should be eliminated down 17th Avenue because it's residential street. City Manager Devich clarified that portions of Taft Park will not be lost. Public Works Director Eastling added that the long-range plan is to make the impact on Taft Park a net positive. Recreation Services Director Topitzhofer said the actual location of the road has not been determined but an opportunity for parkland is being considered with attempts to minimize any loss. Council Member Wroge asked about Taft Park being owned by the City or leased from MAC. Recreation Services Director Topitzhofer explained the area north of 62nd Street is leased from MAC, the area to the south is City owned. Council Member Kilian stated the intersection and other parts of the redevelopment are still in flux. Staff is trying to minimize residential impacts along 17th Avenue. Staff understands traffic is an issue but the best plan will be prepared. Mayor Kirsch added that City departments are working together to have a good plan acceptable to the community. Motion carried 5-0. These resolutions appear as Resolution No.'s 9752 and 9753. Council Meeting Minutes -9- April 11, 2006 Item #10 Council Member Wroge presented Staff Report No. 78 regarding a resolution authorizing Agreement No. 89064 between the City of Richfield and MnlDOT to exchange land at Madison Park for adjacent land parcels and additional remnant parcel on Lyndale Avenue for land necessary to complete Crosstown Reconstruction Project and to authorize Mayor and City Manager to grant necessary access to Mn/DOT contractors in Madison Park and Legion Lake. MlWroge, 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: and to authorize the Mayor and City ManaQer to approve permits QrantinQ necessary access to Mn/DOT's contractors to complete the Crosstown Reconstruction Proiect: RESOLUTION NO. 9754 RESOLUTION AUTHORIZING APPROVAL OF AGREEMENT NO. 89064 AMONG THE MINNESOTA DEPARTMENT OF TRANSPORTATION (MNIDOT) AND THE CITY OF RICHFIELD FOR LAND EXCHANGED AS PART OF THE CROSSTOWN RECONSTRUCTION PROJECT. Public Works Director Eastling explained the items before the City Council tonight are consistent with an earlier Worksession discussion. He reviewed the graphics defining land exchange parcels and temporary easement area. He also discussed stormwater handling and management. Motion carried 5-0. This resolution appears as Resolution No. 9754. Item #11 Council Member Sandahl presented Staff Report No. 79 regarding consideration of directing the Transportation Commission to conduct a study of county roads in Richfield. Public Works Director Eastling identified 66th Street, Portland Avenue, Penn Avenue and Nicollet Avenue as County roads. M/Sandahl, S/Kilian to direct the Transportation Commission to conduct a studY of county roads. Mayor Kirsch stated the study fits in with the City's pedestrian and bicycling needs and safety concerns. Council Member Wroge questioned the $20,000 cost of the study if the Transportation Commission is doing the work. Council Meeting Minutes -10- April 11, 2006 Public Works Director Eastling explained the Transportation Commission may choose to use a consultant to assist them. Motion carried 5-0. Item #12 Council Member Sandahl presented Staff Report No. 80 regarding consideration of a test area for the proposed Richfield's Stop Sign Policy. M/Sandahl, S/Rosenberg to approve the area between 11th and Cedar Avenues and 62nd and 66th Streets as a candidate for testina the proposed new Stop Sian Policv. Public Works Director Eastling stated staff is not recommending removing any stop signs. However, three changes to the map could be made: the stop signs at 14th Avenue/63rd Street could be changed from east/west to north/south; the four-way stop at 15th Avenue/63rd Street could be changed to make east/west free flowing; and the stop signs at 15th Avenue/65th Street could be changed to north/south. Council Member Wroge requested the accident data on each corner of the test site be provided for comparison purposes when this matter is presented for assessment of its effectiveness. Mayor Kirsch asked about the length of time for the test. Public Works Director Eastling said accidents are rare in this area so he suggested at least one year to collect data. The Transportation Commission will receive and review feedback from the neighborhood and then bring it back to the City Council. Council Member Kilian said there have been two fatalities at non-controlled intersections in Richfield in the last four years. There are residents' concerns that speedways will be created on the east/west streets. However, the accident rate at 67th Street is lower than 68th Street but the speeds are the same so stop signs are not speeding traffic up. Council Member Wroge said residents tell him traffic speeds on 64th Street between Portland Avenue and Nicollet Avenue. Council Member Kilian asked about the City's liability if no action is taken tonight. City Attorney Thomson stated this is a classic case of government discretion in balancing competing factors, including cost, social impacts, political factors, and public safety. The court gives discretionary immunity for decisions made. Council Member Kilian stated that following the one fatal accident, the neighbors asked for a stop sign but it was refused because guidelines were not met. Council Member Sandahl said the Transportation Commission could have an open house for the neighborhood to explain the proposed test. Staff could consider if the matter returns to the City Council. Council Member Rosenberg expressed support for stop signs, the more the better, because it gives a sense of well being and safety. She said she didn't understand why there needed to be Council Meeting Minutes -11- April 11, 2006 accidents before a stop sign was put in because stop signs were recently erected by Sheridan School based upon a request. Motion carried 5-0. Item #13 City Manager Devich reported the following legislative update: . City's two bonding requests were out of the Senate and House bills. . Eminent domain amendment regarding the Cedar Avenue special tax increment financing district and Cedar Point abatement district. Item #14 M/Rosenberg, SlWroge that the followinQ claims and pavrolls be approved: u. S. BANK AlP Checks: 149147 - 149489 PAYROLL 29101 - 29426; 41058 TOTAL $ 888,443.34 $ 446,553.49 $ 1,334,996.83 Motion carried 5-0. Council Member Kilian questioned the expenditure for locks at Wood Lake Nature Center. City Manager Devich stated a report of explanation would be provided to the City Council. C~Kr~lzd-A~ Recording Secretary