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04-26-05 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting April 26, 2005 The meeting was called to order by Mayor Kirsch at 6:33 p.m. Members Present: Martin Kirsch, Mayor; Susan Rosenberg; Fred Wroge; Bill Kilian; and Sue Sandahl. Staff Present: Steve Devich, City Manager; Bruce Palmborg, Community Development Director; Mike Eastling, Public Works Director; Dan Scott, Public Safety Director; Jim Topitzhofer, Recreation Services Director; Brad Sveum, Acting Fire Services Director; Pam Dmytrenko, Assistant to City Manager; Tom Foley, Transportation Engineer; Cheryl Krumholz, Recording Secretary; and Corrine Thomson, City Attorney. No one was registered to speak. Mayor Kirsch led the audience in the Pledge of Allegiance. M/Rosenberg, S/Sandahl to approve the minutes of (1) Special Concurrent City Council/HRA/Plannino Commission Meetino of April 11, 2005 and (2) Reoular City Council Meetino of April 12, 2005. Motion carried 5-0. Council Meeting Minutes -2- April 26, 2005 Item #1 Kari Berman, 5324 Blake Road, Edina, District C Metropolitan Airports Commission (MAC) representative, addressed the City Council and provided her background related to her appointment to MAC. She said there appears to be a misconception that she is not deeply rooted in District C. However, she is very familiar with the community of Edina. She said she previously served on the MAC Board representing Minnetonka and is familiar with airport issues. Jeff Hamiel, MAC Executive Director, was also present. Ms. Berman stated her goal is to work with everyone and meet the economic needs of the airport and the needs of the community. Council Member Kilian stated he'd like someone to represent Richfield's interests on the east side where 850 homes were promised a certain level of mitigation but that promise no longer is being kept. He said he's already receiving complaints regarding increased airport noise and the new runway isn't to open until October 2005. A reasonable buffer needs to be considered. Council Member Kilian invited Ms. Berman to join him at 5:45 a.m. in the 66th/Cedar parking lot to see and hear the air traffic. Ms. Berman asked Council Member Kilian to contact her to arrange this meeting. Council Member Sandahl stated the City has worked hard to maintain a good quality of life in Richfield. She invited Ms. Berman to tour the proposed Cedar Point development area. Council Member Sandahl stated the MAC should consider purchasing the eight homes and two apartment buildings in the 65 dnl instead of mitigating because in the long-term, these properties won't be airport compatible. If mitigated, these properties will be purchased in a few years at an increased price for redevelopment. This procedure is currently used in Bloomington. Assistant to the City Manager Dmytrenko said City staff has talked with Nigel Finney, Director of Planning and Environment, regarding purchasing these properties. Mayor Kirsch asked staff to provide Ms. Berman with a copy of the proposed Cedar Point Redevelopment Plan. Mayor Kirsch stated the City contracted with a sound expert and spent a great deal of money to obtain data on noise prior to the new runway with additional tests to be done after it's open. The MAC needs to be a good neighbor and properly mitigate the full package of insulation as promised. Ms. Berman stated she understood the issues and concerns and the role she plays in attaining a balance of needs. She is one Commissioner out of a body of Commissioners. If everyone gets most of what they want, everyone wins. Mayor Kirsch said the lawsuit for mitigation recently undertaken with the City of Minneapolis is not taken lightly by Richfield. Ms. Berman stated no one walks away after litigation without some resolution, some are more satisfied than others. Council Meeting Minutes -3- April 26, 2005 Council Member Wroge expressed concern that airport noise has moved to the middle of Richfield since the hangars have beenorlthe west side of the airport along Cedar Avenue. Council Member Wroge commented that there were four community meetings regarding the airport where statistics were discussed on the number of passenger estimates established in a 2020 report that have already been exceeded in 2005. The airport representative present at the meetings did not disagree with these statistics. Therefore, the 2020 report appears to be flawed. Mr. Hamiel clarified the passenger number in the study conducted by HNTB, including the projections and curves of the growth of passengers. The numbers were updated by Northwest Airlines. The number is currently below the estimate for 2020. Mr. Hamiel said he would make the original study available to City staff. Ms. Berman requested the City Council create a list of issues and she would do her best to address them. City Manager Devich stated a list would be provided based on the City Council comments. Council Member Rosenberg stated the airport noise is moving. She expressed disagreement with Ms. Berman's earlier comment that other communities are similar to Richfield. Richfield is unique because no other City has residents this close to a runway. She added that MAC did not live up to its responsibilities so that's why the lawsuit was undertaken. Ms. Berman clarified that she was speaking more globally regarding noise impacts in other communities. She said she'd do her best to look at the issues and try to find a way to make everyone somewhat satisfied. She added she would not make promises that can't be kept. Council Member Sandahl stated Congressman Martin Sabo has helped with funding for noise impacts. She added a previous lawsuit between MAC and Richfield was settled so they have worked cooperatively in the past. Item #2 Mayor Kirsch presented to Richfield High School coach Jim Dimnick a certificate of recognition to the Richfield High School "Spartans" Boys Basketball Team and coaches for finishing second in Class 3A Basketball State Championship. Item #3 Mayor Kirsch stated this item was postponed to the May 10, 2005 City Council meeting. Council Meeting Minutes Item #4 -4- April 26, 2005 Council Member Rosenberg presented a proclamation designating Mayas Arbor Month in Richfield. Public Works Director Eastling recognized the Public WorkslWood Lake Nature Center close working relationship in educating the public. Item #5 The City Council thanked Public Works' staff for their efforts. Council Member Kilian presented a proclamation designating May 1-7, 2005 as National Drinking Water Week in Richfield. Item #6 Public Works Director Eastling reviewed the benefits of public works in daily lives. He added new City street signs are being installed that are larger and include the City logo. Council Member Wroge presented a proclamation designating May 15-21, 2005 as National Public Works Week in Richfield. Item #7 Council Member Sandahl read a proclamation designating May and June as Commuter Challenge Days in Richfield. Item #8 Tom Rublein, City Hall Task Force Chair, presented the analysis and summary report of the current City Hall and its future. The recommendations included: Council Meeting Minutes -5- April 26, 2005 1. The current City Hall should be maintained as a safe and structurally sound facility with a minimal expenditure; only those repairs essential to meet this recommendation should be made at this time. 2. Improve the access to the lower level area but do not install an elevator at this time. 3. Immediately establish a task force to plan a new police and City Hall facility to be built within next 3-5 years. Mr. Rublein reported the task force encouraged the following: . City Council to commit to use part of the Pension Fund Balance to partially fund the police and public safety portions of the new building. . Incorporation of innovative but sound environmental planning in the new facility to lower future costs of operation. . Reuse or refurbishment of office components to offset costs. . Strong consideration be given to the aesthetics of the design. . The building should be an attractive gateway for those individuals or businesses considering moving to our City. The City Council thanked Mr. Rublein and the task force for their efforts. Mayor Kirsch requested staff prepare a thank you letter to send to each of the task force members. The City Council requested a Special City Council Worksession be scheduled sooner rather than later to discuss the project in more detail to keep it moving along. Council Member Kilian asked about the square footage cost for new vs. remodeling. Mr. Rublein stated the estimate was provided by Gary Tushie, architect. Council Member Kilian asked about the task force recommendation of the building size. Mr. Rublein said that was outside the scope of their task force responsibilities and should be for the next task force's consideration. Item #9 Council Member Sandahl spoke about the upcoming Richfield centennial celebration and shared information related to the Lester Prairie bicentennial event. Tom Rublein, Celebrations Committee Chair, shared some ideas for the centennial event. Council Member Sandahl distributed a 35W Solutions Alliance pamphlet that describes their Mission Statement. Council Member Sandahl suggested the funding donation requested by the Richfield History Center be discussed further since the funding could be allocated to children's programming. As a Family-Friendly Initiative, this may be a good allocation of City funds. The City Council requested this matter be discussed at a Worksession. Council Meeting Minutes -6- April 26, 2005 Council Member Wroge acknowledged the efforts of Wood Lake Nature Center Manager Karen Shragg and all the staff and volunteers for their efforts related to the recent FOWL Dinner. Item #10 Mayor Kirsch removed Item 11A from the consent calendar and placed it on the regular agenda for consideration as Item 12. M/Kilian, S/Sandahl to approve the aqenda as amended. Motion carried 5-0. Item #11 A. Removed from the consent calendar and placed on the regular agenda for consideration as Item 12. B. Approved resolution accepting donation from Richfield Foundation to fund Richfield Playground Program S.R. No. 75 RESOLUTION NO. 9608 RESOLUTION AUTHORIZING ACCEPTANCE OF ALL GRANTS AND DONATIONS RECEIVED BY THE CITY OF RICHFIELD AND TO AUTHORIZE THE CITY TO ADMINISTER THE FUNDS IN ACCORDANCE WITH GRANT AGREEMENTS AND TERMS PRESCRIBED BY DONORS This resolution appears as Resolution No. 9608 in Resolution Book No. 75. C. Approved resolution encouraging State executive and legislative leaders to find long-term funding solution to State's transportation improvement needs S.R. No. 76 RESOLUTION NO. 9609 RESOLUTION ENCOURAGING STATE EXECUTIVE AND LEGISLATIVE LEADERS TO FIND A LONG TERM SOLUTION TO THE STATE'S TRANSPORTATION IMPROVEMENT NEEDS This resolution appears as Resolution No. 9609 in Resolution Book No. 75. D. Approved resolution designating National Incident Management System as basis for all incident management in Richfield S.R. No. 77 RESOLUTION NO. 9610 RESOLUTION DESIGNATING THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AS THE BASIS FOR ALL INCIDENT MANAGEMENT IN THE CITY OF RICHFIELD This resolution appears as Resolution No. 9610 in Resolution Book No. 75. E. Approved professional services agreement with Conworth, Inc. for land acquisition services in Airport Noise Acquisition Program/Cedar Point Project Area S.R. No. 78 Council Meeting Minutes -7- April 26, 2005 F. Approved continuation of agreement for 2005 with City of Bloomington for public health services for City of Richfield SR. No. 79 G. Approved contract with City of Bloomington, using grant funds distributed by federal grant from Centers from Disease Control, to provide services in public health emergency preparedness/bioterrorism and development of response system S.R. No. 80 H. Approved bid minutes/tabulation and award of contract to Sandman Enterprises, Inc. for refinishing of wood ceiling and beams at Richfield Ice Arena in amount of $77,750 S. R. No. 81 I. Approved bid minutes/tabulation and award of contract to Asplundh Tree Expert Company for 2005 diseased tree removal on private property in amount of $116,928 S.R. No. 82 J. Approved purchase of tandem dump truck chassis from Astleford International Trucks in amount of 63,131.07 and box and snow fighting equipment from J-Craft in amount of $61,958.51 for use by Street Maintenance Division S.R. No. 83 K. Approved purchase from Thane Hawkins Polar Chevrolet for two new pickup trucks for use by Building Services and Park Maintenance Divisions in amount of $39,754 plus tax and license S.R. No. 84 M/Rosenberg, SNVroge to approve the Consent Calendar as amended. Motion carried 5-0. Item #12 11A. Consideration of approval of resolution granting off-street parking permit at 7709 Pillsbury Avenue S.R. No. 74 Council Member Sandahl expressed concern regarding the parking area and lack of adequate landscaping in the front of the building. She said it appears the percentage of green space vs. paved space does not meet code, as well as the landscaping plans. She asked why the green space is not expanded and why this appears to be an exception to not comply with the code. Community Development Director Palmborg explained a balance was trying to be reached between landscaping and off street parking. A similar situation is on Penn Avenue. Currently, there is no landscaping or parking striping but the proposed plan provides landscaping and six parking spaces in front of the building accessed from Pillsbury Avenue. Increased landscaping would probably impinge on the land available for parking. Council Member Sandahl asked how many employees would be at the business since most customers do not come to the business but rather the employees go to the customer. Community Development Director Palmborg explained the zoning requirements are four parking spaces. There is another business in the building but this off-street parking issue applies to one of the businesses. The proposed six spaces would face into the building. Council Member Sandahl stated the business could have two less spaces, add some landscaping and still meet code. Community Development Director Palmborg stated since there is another business in the building, it is presumed only four spaces would meet the needs of one business. Council Member Wroge asked about the parking spaces required for the other business and the overall need of the property. Council Meeting Minutes -8- April 26, 2005 Community Development Director Palmborg stated that information is unknown since the City is dealing with only the proposed landscaping company. Council Member Sandahl asked about the four stalls in back of the building. Community Development Director Palmborg explained there is a gate and fence at the front of the building which permits access to the side and rear for equipment. Council Member Kilian asked about curb cut impacts since the way cars are parked will be changed. Community Development Director Palmborg explained the two curb cuts are wide and the curb length is short. The City could issue a permit to use the boulevard to make the parking work. Council Member Kilian said there is parking on City property now. He added it was difficult to make a decision now and asked about time constraints. Community Development Director Palmborg stated the City Council's response is needed by May 27. M/Kilian, S/Sandahl to continue to Mav 10, 2005 the consideration of the resolution qrantinq off-street parkinq permit at 7709 Pillsburv Avenue, includinq a larqer, more detailed landscapinq plan. Bill and Linda Kerker, applicants, addressed the City Council regarding parking spaces. The gated area in the rear could provide some off-street parking. Their intent was to make the building as attractive as possible. Their purchase of the business is contingent on the City Council's approval of the off-street parking permit. More immediate attention would be appreciated. Council Member Kilian stated the proposed plan indicates six parking stalls in the front but only four are needed so the additional spaces could be landscaped. Council Member Sandahl stated she would support an increase in landscaping in the front. She added the City is trying to avoid nothing but parking lots. Mr. Kerker stated they understood from the City's planning division that the proposed off- street parking permit requirements were met. Mr. Kerker discussed various parking stall options that could be used to increase landscaping. Council Member Sandahl asked the applicant if there would be a problem with continuing this matter to May 10, 2005. Mr. Kerker said they could make it work. Motion carried 5-0. Item #13 Council Member Rosenberg presented Staff Report No. 85 regarding a resolution denying an appeal from the decision of the Hearing Examiner and affirming the Hearing Examiner decision to deny a variance for a garage at 7221 Sheridan Avenue (continued from March 22, 2005). City Attorney Thomson explained that at a previous City Council meeting, the City Council asked staff to meet with the applicant to discuss three options to bring the garage into compliance. The property owner met with the City's Planning and Inspections Divisions with the end result of the Council Meeting Minutes -9- April 26, 2005 owner choosing to reduce the garage to the size of the house or smaller. No variance is required now and the Hearing Examiner decisigp.qa,n be upheld. M/Rosenberg, S/Kilian to close the public hearinQ. Motion carried 5-0. M/Rosenberg, S/Kilian 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. 9611 RESOLUTION DENYING THE APPEAL FROM THE DECISION OF THE HEARING EXAMINER AND AFFIRMING THE HEARING EXAMINER'S DECISION TO DENY A VARIANCE FOR THE GARAGE AT 7221 SHERIDAN AVENUE Council Member Wroge asked about the timeline for the garage to come into compliance. Community Development Director Palmborg said the property owner has 90 days to complete the work. Motion carried 5-0. This resolution appears as Resolution No. 9611 in Resolution Book No. 75. Item #14 City Manager Devich reported on the tax increment financing bill hearing in the House. The bill was recommended for inclusion in the House Tax Bill. He said he is guardedly optimistic that the bill will move along to be passed. Council Member Kilian acknowledged the good job Representative Dan Larson did on the bill. City Manager Devich reported on the Time Warner Cable and Comcast buyout by Adelphia which will affect Richfield. The Southwest Suburban Cable Commission will need to approve the change and the affected cities will need their City Councils to amend the franchise agreement. City Manager Devich reported on citizen complaints received regarding airport noise especially at night and early morning and the smell of kerosene or jet fuel. Staff is currently working with Senator Mark Dayton to coordinate a time to listen and observe airport noise and activity in the early morning. Assistant to the City Manager Dmytrenko distributed and reviewed an MSP Flight Operations Table which indicates nighttime operations have increased. Assistant to the City Manager Dmytrenko reported on a recent conversation with the MPCA regarding the smell of kerosene from the jets and asked how air quality was determined. One air quality monitoring system is located at the MAC offices building and one was relocated to a south Minneapolis school building. She asked the MPCA about the monitor on the MAC building being moved to an east Richfield area but the MPCA raised the issue of cost and suggested the City contact their State Senator for funding and legislation. The MPCA said the monitors at the current locations do not indicate air quality levels of concern. Council Member Wroge stated that he previously worked for an airline and the employees expressed concern regarding air quality because carbon monoxide monitors would go off but MAC said it was not a problem. Council Meeting Minutes -10- April 26, 2005 Assistant to the City Manager Dmytrenko stated the MAC staff is conducting open houses in the communities regarding the impacts of the new runway. She asked if the City Council would like City staff to pursue with MAC, the setting up these open houses in Richfield. The City Council agreed open houses should be held during the summer when the noise is a bigger impact. Council Member Kilian suggested the open houses be at Centennial School or the Cedar Municipal Liquor Store parking lot. Council Member Wroge requested staff find out how the relocation of the Minneapolis air quality monitoring station was funded. Iffederal funds were used, Senator Mark Dayton should be contacted to provide assistance for Richfield. Assistant to the City Manager Dmytrenko stated Minneapolis Mayor R. T. Ryback and the Minnec;lpolis City Council worked a long time with the MPCA regarding the relocation. Council Member Sandahl asked about the additional mitigation funds secured by Congressman Martin Sabo. Assistant to the City Manager Dmytrenko explained the $5 million was monies normally requested by MAC for the Part 150 program. The funds are not specifically earmarked for acquisition. . Council Member" Kilian stated the airport noise is louder and more frequent. City Manager Devichstated the removal of land, grass and trees replaced with asphalt could make noise bounce and travel along into Richfield to make it louder. Assistant to the City Manager Dmytrenko stated Orfield Labs reported a one to two differential but that it was not significant. The charter and freight operations being closer make the most impact. City Manager Devich stated that staff does respond to noise complaints. City Manager Devich requested assistance from the City Council to schedule Worksessions to discuss the many issues needing attention and discussion by the City Council. He reviewed the items and that 40 minutes prior to or following a Regular City Council meeting may not be effective. A separate night may need to be scheduled to make progress on working through the issues. Some are time-sensitive and need attention soon. Council Member Kilian agreed it was difficult to have Worksessions at the beginning and end of the City Council meetings. He suggested additional meeting nights on a temporary basis and more than one topic be discussed. The City Council consensus was to conduct additional Worksessions on separate nights on a temporary basis and have the agenda include several topics. The City Council consensus was to consider changing the start of the Regular City Council meetings from 6:30 to 7:00 p.m. and schedule first reading for a future City Council meeting. Item #15 M/Rosenberg, SNVroge that the followino claims and pavrolls be approved: M & I BANK AlP Checks: 139816 - 140144 PAYROLL 19793-20126,39666 - 39668 $ 970,772.86 $ 445,766.83 TOTAL -11- April 26, 2005 $ 1,416,539.69 Council Meeting Minutes Motion carried 5-0. Council Member Kilian requested the Claims and Payroll Report be sorted by business unit so review of the expenditures is easier. City Manager Devich explained the report is generated by LOGIS and they write the software. He will follow up with the LOGIS representative. Item #16 Mayor Kirsch adjourned the meeting at 9:11 p.m. to continue with the Closed Executive Session in the Executive Conference Room. The Mayor noted that the Council would reconvene in the Council Chambers after the Closed Executive Session concluded. City Attorney Thomson explained that as part of the Penn Avenue bridge reconstruction, the City acquired right of way including 7744 Penn Avenue, the former Citgo gas station. The City was unable to negotiate a settlement with the property owner, so the matter now involves a commissioner's award. Both parties have the right to appeal the award. The strategies of the strengths and weaknesses of the potential settlement are deemed appropriate for discussion in a confidential manner in a Closed Executive Session. At the conclusion of the Closed Session, the City Council may return to the open session for possible further discussion and decision. The Closed Executive Session was convened pursuant to M.S. 13D.05,subd. 3(b). It m #17 The Regular City Council meeting reconvened at 9:47 p.m. M/Sandahl, S/Kilian to accept the proposed settlement of $1.2 million for real estate award and $265,000 for the value of on-ooino concern as the condemnation award for property at 7744 Penn Avenue. Motion carried 5-0. Item #18 The Regular City Council meeting was adjourned by unanimous consent at 9:49 p.m. ~ ~. ~~~ Cheryl . umh ~ ~ Recording Secretary Date Approved: May 10, 2005 CITY OF RICHFIELD, MINNESOTA Bid Opening April 7, 2005 9:30 a.m. Removal and Disposal of Diseased Trees on Private Property Bid No. 05-05 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 removal and disposal of diseased trees on private property, bid no. 05-05, as advertised in the official newspaper on March 24, 2005. Present: Nancy Gibbs, City Clerk Cheryl Krumholz, City Manager Representative Randy Hughes, Public Works Representative Ray Wroblewski, Public Works Representative The following bid was submitted and read aloud: Vendor Bid Security Bid Amount Asplundh Provided $116,928.00 Spring lake Park, MN Ceres Environmental Services Provided $137,370.00 Brooklyn Park, MN The City Clerk announced that the bids would be tabulated and considered at the April 26, 2005 City Council Meeting. Ut~ City Clerk CITY OF RICHFIELD, MINNESOTA Bid Opening April 14, 2005 10:00 a.m. Richfield Ice Arena Ceiling & Beam Refinishing Bid No. 05-06 Pursuant to requirements of Resolution No.1 015, a meeting of the Administrative Staff was called by Deborah Guiher, Deputy City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for Richfield Ice Arena Ceiling & Beam Refinishing, bid no. 05-06, as advertised in the official newspaper on March 31, 2005. Present: Deborah Guiher, Deputy City Clerk Cheryl Krumholz, City Manager Representative AI Payne, Recreation Services Representative Jim Topitzhofer, Recreation Services Representative The following bid was submitted and read aloud: Vendor Bid Bond Bid Amount Sandman Ent., Inc. Provided $77,750.00 Elko, MN Rainbow Inc. Provided $114,640.00 Minneapolis, MN The Deputy City Clerk announced that the bids would be tabulated and considered at the April 26,2005 City Council Meeting. G!Jj)--()Vfl~ --0.-uJ?.MJ Deborah Guiher Deputy City Clerk