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09-24-01 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting September 24, 2001 CALL TO ORDER The meeting was called to order by Mayor Kirsch at 7:00 p.m. ROLL CALL Members Present:Martin Kirsch, Mayor; Susan Rosenberg; Gertrude Ulrich; John Enger; and Sue Sandahl. Staff Present:Samantha Orduno, City Manager; Cheryl Krumholz, Recording Secretary; and Corrine Thomson, City Attorney. OPEN FORUM No one had registered to speak. Mayor Kirsch adjourned the Open Forum portion of the meeting by unanimous consent at 7:02 p.m. CALL TO ORDER The meeting was called to order by Mayor Kirsch at 7:02 p.m. ROLL CALL Members Present:Martin Kirsch, Mayor; Susan Rosenberg; Gertrude Ulrich; John Enger; and Sue Sandahl. Council Meeting Minutes-2-September 24, 2001 Staff Present:Samantha Orduno, City Manager; Steven Devich, Administrative Services Director; Bruce Palmborg, Community Development Director; Mike Eastling, Public Works Director; Cheryl Krumholz, Recording Secretary; and Corrine Thomson, City Attorney. Roll Call was taken at the Open Forum; therefore, Mayor Kirsch proceeded immediately on with the City Council meeting. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Kirsch led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES Council Member Enger asked that the minutes from the Regular City Council Meeting of September 10 be amended to show that on Item 14A he voted no. M/Rosenberg, S/Sandahl to approve the minutes of (1) Special City Council Meeting of September 5, 2001; (2) Special City Council Meeting of September 6, 2001; (3) Special Concurrent City Council, Planning Commission and HRA Meeting of September 8, 2001; (4) Special City Council Worksession of September 10, 2001; (5) Special City Council Meeting of September 17, 2001; and the amended minutes of (6) Regular City Council Meeting of September 10, 2001. Motion carried 5-0. Item #1PRESENTATION OF PROCLAMATION DESIGNATING SEPTEMBER 23-29, 2001 WOMEN OF TODAY WEEK IN RICHFIELD Council Member Rosenberg presented to Michele Thompson, representing Women of Today, the proclamation designating September 23-29 as 2001 Women of Today Week in Richfield. Ms. Thompson expressed appreciation for the City Council’s support. Council Meeting Minutes-3-September 24, 2001 COUNCIL DISCUSSION Council Member Rosenberg announced a road improvement meeting to be held by the City’s Public Works Department on September 27 at the Middle School to address traffic concerns on residential streets raised by residents due to improvements on 66th and 76th Streets and the Best Buy project. She encouraged residents to attend. Council Member Ulrich requested that the letter sent from the City to Dick Stehr at MnDOT thanking MnDOT for their good work in getting the Penn/I-494 interchange project to bid, also be sent to Elwin Tinklenberg, the Commissioner of Transportation. Item #2COUNCIL APPROVAL OF AGENDA Mayor Kirsch removed Consent Calendar Item 3B and placed it on the regular agenda as Item 2A. M/Ulrich, S/Enger to approve the agenda as amended. Motion carried 5-0. Item #2ACONSIDERATION OF APPROVAL OF RESOLUTION CERTIFYING TO COUNTY AUDITOR DELINQUENT SEWER AND WATER UTILITY ACCOUNTS ON CERTAIN PROPERTIES S.R. NO. 241 Council Member Enger asked if there was a City policy to turn water off if the water services charges are not paid. He asked if the assessments are paid annually or when the affected property is sold. City Manager Orduno answered no, there is no City policy to turn off water. She said the City Council may want to consider discussing a policy. Administrative Services Director Devich explained the certification process when a bill is delinquent. Council Member Enger asked if the City takes legal action to collect the assessment. City Attorney Thomson said the debt is treated like taxes. She said a property could be tax forfeited if the bill is delinquent for a long time. She stated that, historically, Richfield has not had to take action; the debt is collected at the time property is transferred. Council Meeting Minutes-4-September 24, 2001 Council Member Enger asked if the delinquent property was responsible for court costs if the matter proceeds to a civil case. City Manager Orduno answered that the City does not go to court; Hennepin County would because they are collecting the delinquent tax assessment. Council Member Enger suggested discussion of this matter be placed on a future Worksession agenda. M/Enger, S/Sandahl that the following resolution be adopted, that it be spread in the resolution book and that it be made part of these minutes and to schedule further discussion of the process of levying fines and fees for delinquent utility charges at a future City Council Worksession: RESOLUTION NO. 9096 RESOLUTION AUTHORIZING CERTIFICATION OF UNPAID SEWER AND WATER SERVICE CHARGES TO THE COUNTY AUDITOR TO BE COLLECTED WITH OTHER TAXES ON SAID PROPERTIES Council Member Ulrich stated this was a good time to discuss matters such as this because of the tight financing issues facing the City. Motion carried 5-0. This resolution appears as Resolution No. 9096 in Resolution Book No. 73. Item #3CONSENT CALENDAR A.Approved resolutions levying special assessments for nuisance abatement and weed destruction on certain properties S.R. No. 240 RESOLUTION NO. 9094 RESOLUTION LEVYING SPECIAL ASSESSMENT FOR NUISANCE ABATEMENT AND FALSE ALARM FEES RESOLUTION NO. 9095 RESOLUTION LEVYING SPECIAL ASSESSMENT FOR NUISANCE ABATEMENT These resolutions appear as Resolution No.’s 9094 and 9095 in Resolution Book No. 73. B.Removed from the consent calendar and placed on the regular agenda for consideration as Item 2A. Council Meeting Minutes-5-September 24, 2001 C.Approved resolution authorizing execution of stipulation of final settlement for 6345 Cedar Avenue, Parcel 7; 66th Street/Trunk Highway 77 Interchange Project S.R. No. 242 RESOLUTION NO. 9097 RESOLUTION AUTHORIZING EXECUTION OF A STIPULATION OF FINAL SETTLEMENT FOR 6345 CEDAR AVENUE (PARCEL 7) (66TH STREET/TRUNK HIGHWAY 77 INTERCHANGE PROJECT) This resolution appears as Resolution No. 9097 in Resolution Book No. 73. D.Approved condemnation commissioners’ award of $390,000 for Boyles property at 6533 and 6537-39 Cedar Avenue S.R. No. 243 E.Approved residential kennel license renewal for 7301 Wentworth Avenue; three dogs S.R. No. 244 M/Rosenberg, S/Sandahl to approve the Consent Calendar as amended. Motion carried 5-0. Item #4CONSIDERATION OF RESOLUTION ACCEPTING UPDATED 2002-2003 COMMUNITY HEALTH SERVICES PLAN S.R. NO. 245 City Manager Orduno reviewed Staff Report No. 245 regarding consideration of a resolution accepting the updated 2002-2003 Community Health Services Plan. Sally Parsons, 6637 Sheridan Avenue, Chair of the Richfield Advisory Board of Health, explained that the State requires a review of the four-year Community Health Services Plan every two years to make changes and updates. Council Member Ulrich stated that, in light of recent events and the potential of environmental hazards, this plan needs to be in place. She asked why Hepatitis A vaccinations are provided to restaurant staff only upon request; she believes it should be required. Ms. Parsons said the vaccination is not required, it would be offered to staff if there was an outbreak. Council Member Ulrich asked how the Health Alert Network worked. Ms. Parsons said the Bloomington Health Division works with the police and fire departments in Bloomington, Richfield and Edina. Council Meeting Minutes-6-September 24, 2001 Council Member Ulrich asked what happened to objectives that are dropped due to lack of funding. She suggested changing “dropped” to “pending funding”. Ms. Parsons stated that, when possible, other funding tries to be secured and grants are used to continue objectives. Council Member Sandahl stated she was appreciative of the detailed, updated plan. Council Member Ulrich asked why work sites were deleted from the tobacco focus area program to create smoke-free places. She suggested that the Bloomington, Richfield and Edina Chamber of Commerces be asked to provide this program. Ms. Parsons said the Bloomington Health Division concentrated on smoke-free businesses. She said she would provide information to the City Council explaining the elimination of the work-site in this focus area. Council Member Ulrich said there were several deletions indicated in the Chronic/Non-Infectious Disease section. She asked if this was because the plan may have been too ambitious. She suggested that the health division work with parish nurses from the various churches. Ms. Parsons said the majority of the objectives in this section were completed, so the “strike-outs” were to indicate an update which would be re-written in the four-year plan. Council Member Ulrich said the public health service delivery infrastructure system has never been funded adequately in this country and a new attitude needs to be developed related to public health funding. Council Member Sandahl asked about refuges resettled in Bloomington, Richfield and Edina based upon the map prepared by the Minnesota Department of Health. Ms. Parsons explained the diversity changes from 6.5% to 18.8% in Richfield during 1990 – 2000. The City Council thanked the Richfield Advisory Board of Health and Bloomington Health Division for their efforts. Council Member Ulrich announced a prevention forum on youth smoking cessation at Bloomington City Hall on September 25 from 12:00 – 1:30 p.m. M/Ulrich, S/Rosenberg that the following resolution be adopted, that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 9093 RESOLUTION APPROVING THE 2002 – 2003 RICHFIELD COMMUNITY HEALTH SERVICES UPDATED PLAN AND SUBMISSION OF SAID PLAN AND APPLICATION FOR THE 2000 – 2003 COMMUNITY HEALTH SERVICES ACT SUBSIDY Council Meeting Minutes-7-September 24, 2001 Motion carried 5-0. This resolution appears as Resolution No. 9093 in Resolution Book No. 73. Item #5CONSIDERATION OF RESOLUTION ORDERING 77TH STREET REDEVELOPMENT AREA MAINTENANCE WORK FOR JANUARY 1 THROUGH DECEMBER 31, 2002 AND SPECIALLY ASSESSING COSTS S.R. NO. 246 City Manager Orduno reviewed Staff Report No. 246 regarding consideration of a resolution ordering 77th Street redevelopment area maintenance work for January 1 through December 31, 2002 and specially assessing costs. City Manager Orduno also reviewed Item #6, Staff Report No. 247 regarding consideration of a resolution ordering Lyndale/Hub/Nicollet redevelopment area maintenance work for January 1 through December 31, 2002 and specially assessing costs. Council Member Ulrich requested that the following statement be included in the minutes: The public needs to understand that the City Council could reconsider the maintenance assessment policy sometime in the future; it should not be considered a permanent policy. M/Sandahl, S/Rosenberg that the following resolution be adopted, that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 9098 RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT 77TH STREET PROJECT AREA JANUARY 1 THROUGH DECEMBER 31, 2002 Motion carried 5-0. This resolution appears as Resolution No. 9098 in Resolution Book No. 73. Item #6CONSIDERATION OF RESOLUTION ORDERING LYNDALE/HUB/NICOLLET REDEVELOPMENT AREA MAINTENANCE WORK FOR JANUARY 1 THROUGH DECEMBER 31, 2002 AND SPECIALLY ASSESSING COSTS S.R. NO. 247 City Manager Orduno reviewed Staff Report No. 246 regarding consideration of a resolution ordering 77th Street redevelopment area maintenance work for January 1 through December 31, 2002 and specially assessing costs. City Manager Orduno also reviewed Item #6, Staff Report No. 247 regarding consideration of a resolution ordering Lyndale/Hub/Nicollet redevelopment area maintenance work for January 1 through December 31, 2002 and specially assessing costs. Council Meeting Minutes-8-September 24, 2001 Council Member Ulrich requested that the following statement be included in the minutes: The public needs to understand that the City Council could reconsider the maintenance assessment policy sometime in the future; it should not be considered a permanent policy. M/Rosenberg, S/Sandahl that the following resolution be adopted, that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 9099 RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE JANUARY 1 THROUGH DECEMBER 31, 2002 Motion carried 5-0. This resolution appears as Resolution No. 9099 in Resolution Book No. 73. Item #7CONSIDERATION OF FUNDING OPTIONS TO IMPLEMENT RECOMMENDATIONS ON 70TH STREET TRAFFIC CALMING STUDY AND INFORMATION REGARDING TRAFFIC ENFORCEMENT AND TRAFFIC COUNTS S.R. NO. 248 City Manager Orduno reviewed Staff Report No. 248 regarding consideration of funding options to implement recommendations on the 70th Street Traffic Calming Sudy and information regarding traffic enforcement and traffic counts. Public Works Director Eastling stated that he was at a conference last week and traffic calming was an issue in cities. He said the City of St. Paul offered to loan at little or no cost to Richfield two, portable, rubber, temporary speed humps for a period of time. He said using the temporary humps provides a chance to test their use before making a permanent installation. Mr. Eastling also explained direct resident involvement programs, such as a PACE emblem for a car to indicate they’re from the neighborhood and signs in yards to remind drivers to slow down. Council Member Rosenberg said the traffic counts in the area of the 70th Street Traffic Calming Study appear to be decreased. Public Works Director Eastling said the numbers vary from day to day and he would consider the numbers fairly flat. Council Member Rosenberg said there were members of the focus group in the audience and she would like to have them speak on this issue. Council Meeting Minutes-9-September 24, 2001 Bill Smallfield, 2501 West 70th Street, reviewed the Focus Group’s outcomes and recommended options. He said it was his civic duty to watch out for his children and his neighborhood due to the volume of traffic in the area. He said he was concerned about the traffic impact on the residential character of the area. Mr. Smallfield reported that Tom Foley, the City’s Transportation Engineer, said yard signs are not effective and are unattractive, and driving slowly down the street may put the driver in a bit of danger. He said even though the traffic counts were down, it was still extremely unacceptable. He said permanent speed humps are requested. He thanked the City Council for asking for neighborhood involvement. Deb Nordmarken, 6933 Sheridan Avenue, stated she did not support the PACE emblem option. She said she liked the idea of using the portable speed humps to test how they worked. Susie Luttenegger, 2819 West 70 1/2 Street, stated she hoped there would be a resolution to these traffic issues. She said she was concerned about increased traffic because of the redevelopment projects in the area. Council Member Ulrich reported that an area near Lake Harriet in Minneapolis used the yard sign option and it worked to slow traffic down for a while. She said that the neighborhood took down the license plate numbers and was surprised that most of the traffic was from that neighborhood. M/Rosenbergto install two speed humps on 70th Street, two speed humps on 70 1/2 Street, and three-way stop signs at the T-intersection of 70 1/2 Street and Xerxes Avenue and to use General Fund revenues to finance the traffic calming improvements. Motion failed due to lack of a second. Council Member Enger said he applauded the City of St. Paul for working with other cities. He said he supported the use of the two portable speed humps on 70th Street as a test at little or no cost. He said if they worked then the City could expend the funding to make them permanent. Council Member Rosenberg said that if the temporary speed humps work, funding for permanent installation would be required at some time. She said she supported using the temporary humps and thinks the desired outcome will be attained. She added that based on feedback she had received, the Welcome to Richfield sign would not be changed. M/Rosenbergto accept the portable temporary speed humps from the City of St. Paul, and to place two temporary speed humps on 70th Street and two temporary speed humps on 70 1/2 Street and install permanent three-way stop signs at the T-intersection of 70 1/2 Street and Xerxes Avenue. Carolyn Dahlman, 2832 West 70 12 Street, stated there should be at least one of the temporary speed humps on 70 1/2 Street. Council Member Rosenberg asked where it would be most effective to place one hump on 70th Street and one hump on 70 1/2 Street. Council Meeting Minutes-10-September 24, 2001 Public Works Director Eastling said it appears that placement midway between the stop signs would be most effective. Council Member Sandahl asked about the traffic count average for 70 1/2 Street in 2001 and if 69th Street was an arterial street. Public Works Director Eastling said the average traffic count would be 300 vehicles daily and he confirmed that 69th Street is arterial because it is wider and has thicker pavement. Council Member Sandahl suggested a friendly amendment to the motion to clarify that there was a total of two temporary speed humps available. She said the location of the speed humps needs to be determined. She said she supported the temporary speed hump option. She said that there were others from the neighborhood with the opinion of having no speed humps. She said she didn’t want to set a precedent for other neighborhoods to come before the City Council to have speed humps. She did not believe this a good use of City funds and she did not want to coat Richfield with speed humps. City Manager Orduno said that two speed humps need to be placed on one street to get an accurate test. Mayor Kirsch stated the temporary speed humps would be for a six-month test period to determine their effectiveness. He said the Council would make a decision regarding installing permanent speed humps at the end of the test period. Council Member Enger requested that traffic counts be obtained on 69th, 70th, 70 1/2 and 72nd Streets during the test period to determine if there was a change in traffic flow and volume. City Attorney Thomson called a point of order because discussion had occurred prior to a second on Council Member Rosenberg’s motion. Mayor Kirsch requested that the amended motion be restated. M/Rosenberg, S/Enger to accept the two portable, temporary speed humps from the City of St. Paul, place the two portable temporary speed humps on 70th Street for a six month test period, install permanent three-way stop signs at the T-intersection of 70 1/2 Street and Xerxes Avenue; conduct traffic counts on 69th, 70th, 70 1/2, and 72nd Streets during the six month text period to determine traffic flow and volume; and, at the end of the test period, staff is to provide a report to the City Council for their consideration in making a decision on the installation of permanent speed humps on 70th and 70 1/2 Streets. Mayor Kirsch asked staff to contact the City of Minneapolis and other cities to see if they have portable temporary speed humps that could be used as a test on 70 1/2 Street. BillSmallfield stated he was frustrated because the Focus Group was not made aware of Mr. Eastling's recommendations prior to tonight so they could evaluate the options. He said the Focus Group had worked very hard to come to a compromise with the least expense to the City. He asked the City Council to reconsider and approve the Focus Group’s recommendations. Council Meeting Minutes-11-September 24, 2001 Council Member Rosenberg stated the City Council needs to consider all areas of the City and look for the best solution. Public Works Director Eastling said that the late breaking information did not subvert the neighborhood options. Motion carried 5-0. Council Member Rosenberg asked about the status of the 76th Street and York Avenue project in Edina. Public Works Director Eastling reported the bids were higher than anticipated and he would provide an update to the City Council. CITY MANAGER’S REPORT None. Item #8CLAIMS AND PAYROLL M/Rosenberg, S/Ulrich that the following claims and payrolls be approved: RICHFIELD BANK & TRUST CO. INT Checks:107319 - 107343$270,652.62 H/C110096 - 110421$967,337.49 PAYROLL26932 – 27114$489,781.02 TOTAL$1,727,771.13 Motion carried 5-0. OPEN FORUM No one spoke. Council Meeting Minutes-12-September 24, 2001 ADJOURNMENT The meeting was adjourned by unanimous consent at 8:37 p.m. Date Approved: Martin J. Kirsch Mayor Cheryl KrumholzSamantha Orduno Recording SecretaryCity Manager