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07-26-05 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting July 26, 2005 The meeting was called to order by Mayor Kirsch at 6:31 p.m. Members Present: Martin Kirsch, Mayor; Sue Sandahl; Susan Rosenberg; Fred Wroge; and Bill Kilian. Staff Present: Steve Devich, City Manager; Bruce Palmborg, Community Development Director; Mike Eastling, Public Works Director; Jim Topitzhofer, Recreation Services Director; Bruce Nordquist, Housing and Redevelopment Manager; Pam Dmytrenko, Assistant to the City Manager; Cheryl Krumholz, Recording Secretary; and Bryan Shirley, City Attorney. No one was registered to speak. Mayor Kirsch led the audience in the Pledge of Allegiance. M/Rosenberg, SlWroge to approve the minutes of (1) Reqular City Council Meetinq of July 12. 2005 and (2) Special City Council Meetinq of July 18. 2005. Motion carried 5-0. Council Meeting Minutes -2- July 26, 2005 Item #1 Mayor Kirsch invited Karen Shragg, Wood Lake Nature Center Manager, to explain the events leading up to the appearance of Mr. Leslie on the David Letterman show. Mayor Kirsch presented a certificate of recognition to Dave Leslie regarding his recent David Letterman show appearance. Item #2 Susan Rosenberg, Richfield Beautiful co-chair, announced the 2005 Landscaping Good Neighbor Award top 16 recipients: Judy Aim Lynn and Gary Bolmgren Dale Dockin and Lee Connelly S. Miller and K. Grady Joseph Krzyzaniak Duke and Shirley LaBissonniere Darlene and Tom Lund Susan and Tom Luttenegger Phil and Kris McWilliams Julie and Jim Miller Dan and Nancy Nelson Dan and Christy Nickles Sue Poore Jim and Mary Suess Gary and Diane Wiederhoeft Ruth and John Wiegard Mayor Kirsch stated that at an earlier City Council Worksession there was discussion regarding property maintenance issues and the need for areas of improvement but this award indicates a group of residents leading the way on excellent maintenance. The City Council expressed their appreciation for all the efforts related to the awards, especially Council Member Rosenberg for being on the cutting edge of ideas. Mayor Kirsch announced the Top 5 finalists will be presented with an award and gift certificate on National Night Out. Item #3 Council Member Sandahl reported on the recent NOISE conference held in Eagan, MN. - -~"':t:-:i'-;".)',;,~,~.,~._~;-~.. -. Council Meeting Minutes -3- July 26, 2005 Council Member Wroge reported on his recent ride-along with Richfield Police. He said it was a fantastic experience and it was a pleasure to see the professionalism of the Police. Item #4 Mayor Kirsch removed Item 5D from the consent calendar and placed it on the regular agenda for consideration as Item 6. M/Kilian, S/Sandahl to approve the aoenda as amended. Motion carried 5-0. Item #5 A. Approved canceling public hearing on July 26, 2005 regarding request for conditional use permit to allow used car sales at 7720 Wentworth Avenue in general commercial zoning district S.R. No. 137 B. Approved first reading of amendments to Richfield City Code Sections 500.05, 500.13 and 500.25, Subd. 1 to update and clarify subdivision regulations and schedule public hearing and second reading for September 13, 2005 S.R. No. 138 C. Approved authorizing lease for antenna space on Penn Avenue water tower to Sprint Spectrum, L.P. S.R. No. 139 D. Removed from the consent calendar and placed on the regular agenda for consideration as Item 6. E. Approved submitting federal TEA-21 transportation grant application S.R. No. 141 F. Approved award of contract to Effective Golf Course Systems for marketing analysis study for proposed golf practice facility in Richfield in amount of $2,950 S.R. No. 142 M/Kilian, S/Sandahl to approve the Consent Calendar as amended. Motion carried 5-0. Item #6 50. Consideration of approval of petition and waiver agreement with Mainstreet Village, 7601 Lyndale Avenue S.R. No. 140 Council Member Wroge presented Staff Report No. 140 regarding consideration of an approval of a petition and waiver agreement with Mainstreet Village at 7601 Lyndale Avenue. Council Member Wroge said he had a problem with the City paying for this improvement because the contractor and architect should be responsible to resolve the public nuisance of water and ice on the sidewalk. The City ordinance states that when the building owner, contractor and Council Meeting Minutes -4- July 26, 2005 architect create the public nuisance, they should fix it. This is potentially setting up others to return to the City to correct their problems. Council Member Wrage said he visited the site and the maintenance person indicated a number of construction-related issues with the building that are unrelated to the water drainage outside. Public Works Director Eastling stated Twin City Christian Home has raised an issue of their being responsible for paying for this improvement. He explained the sidewalk was not there when the building was constructed and the developer has some uncertainty with the building being right up to the City sidewalk so a 50/50 split of the cost appeared to be the solution. Drainage issues are handled on a case-by-case basis since there are no exact rules. The storm sewer drainage fee would be the City's funding source. Mayor Kirsch asked about the City's liability when paying for the improvement. Public Works Director Eastling said it is on the right-of-way so the drainage should be placed underground. The architect thought there would be more space available for drainage. It's a 10' sidewalk and there needs to be space for snow storage. Council Member Kilian asked what work would be performed. Public Works Director Eastling explained how the drainage would be installed and improved. Council Member Kilian asked about installing a sidewalk grate. Public Works Director Eastling responded there would be a potential frost problem and the more conservative approach is to get the water underground. Council Member Sandahl stated that while she doesn't want to set a precedent, you learn from the glitches and this could be a liability for both sides. She expressed support for the split cost with the City's portion paid from the storm sewer drainage fee. This type of drainage issue should be considered in future construction. Council Member Wroge said it appears the City is just walking away from the responsibility of the contractor and architect. The sidewalk was in the plan so this should not have been a surprise. This is a misuse of tax dollars because the owner is liable for creating the public nuisance. Council Member Kilian said the improvement needs to be done by winter. Going to court would cost much more in attorney fees than splitting the cost of the improvement. M/Sandahl, S/Kilian to approve the Petition and Waiver Aoreement with Mainstreet Villaoe. Motion carried 4-1. 0Nroge opposed.) Item #7 Council MemberWroge presented Staff Report No. 143 regarding consideration of a purchase of Engineering Services from Bonestroo, Rosene, Anderlik and Associates, Inc. to prepare plans and specifications for roofing improvements at City Hall. The roof options include: Council Meeting Minutes -5- July 26, 2005 Option 1: Continue to patch the roof as it leaks. Option 2: The City can overlc:tytbe existing roof with a rubber membrane, which would have a life expectancy of 10 years and cap the parapet with metal for an estimated cost of $190,000 to $200,000. Option 3: The City can fix the parapet and overlay the existing roof with a rubber membrane in sections doing the worst areas first over a period of years. The roof is divided into four separate sections. Option 4: The City could do the original replacement budgeted in 2003 of an asphalt roof with a life expectancy of 20 plus years for an estimated cost of $350,000. Public Works Director Eastling stated that staff believes Option 1 should not be pursued. City Manager Devich added that a 20-year roof would not be practical if a new City Hall is truly going to be built. Council Member Wroge asked what areas in the building are leaking. Public Works Director Eastling explained the Public Safety area is the worst so at least one- half of the roof should be repaired. Council Member Kilian said a 10-year roof seemed more practical. He asked about the cost range for Option 3. Public Works Director Eastling explained the cost for doing the four sections of the roof. The cost would be higher if only some sections would be done versus the entire roof. Council Member Sandahl asked if all four sections of the roof were leaking. Public Works Director Eastling said two sections are leaking substantially, the other two are not showing as many signs. Council Member Kilian said it was a toss of the dice because it depends on how quickly a new City Hall is built. M/Wroge, S/Kilian to direct staff to obtain an accurate estimate for Option 3 usino a consultant and returnino to the City Council for a decision at their Auoust 9 meetina. Council Member Wroge asked about using a consultant versus a roofing company. Public Works Director Eastling explained an engineer not a contractor is needed because of the roof membrane and structural issues. City Manager Devich added the investment of $200,000 requires bid specifications. Council Member Sandahl said a consultant should be hired and then a decision made on the roof. Public Works Director Eastling suggested an Option 5 for the preparation of specifications for the entire roof and a bid process for sections as desired and returning to the City Council at their August 9, 2005 meeting for a decision. Council Members Wroge and Kilian withdrew the motion. M/Wroge, S/Sandahl to table further discussion on the City Hall roofino improvements. direct staff to oather additional information and return to the City Council for a decision at the Auoust 9. 2005 City Council meetino. Council Meeting Minutes -6- July 26, 2005 Motion carried 5-0. Item #8 Council Member Sandahl presented Staff Report No. 144 regarding consideration of appointments to the Richfield City Hall Advisory Task Force. M/Sandahl, SlWroge to appoint the followina individuals to serve on the City Hall Advisorv Task Force: Dick Franzmeier John Bareai John Biostad Jennifer Verbruaae Scott Heddle Jav Hermann Tom Pittz Tom Rublein Rick Jabs Dick Huahes Joel Merriam Weslev Smith Josephine Pufpaff A Plannina Commission representative; a Community Services Commission representative; and a City Hall emplovee who resides in Richfield; Rick Jabs to Chair the first meetina; Council Member Wroae to serve as City Council liaison as a non-votina member. Motion carried 5-0. Item #9 City Manager Devich reported on the following: . Minneapolis-St. Paul airport operations and comparison of noise monitoring measurements. . NOISE conference in Eagan, including discussions with Professor Ian Waitz of MIT regarding low frequency noise study data. . Newsletter regarding 66th Street/Portland Avenue and 66th Street/17th Avenue proposed intersection improvements. Public Works Director Eastling reviewed the newsletter. Council Member Sandahl requested information on other roundabouts be available at open houses. Council Member Wroge suggested a real-time video indicating actual use of roundabouts also be available. Item #10 Council Meeting Minutes -7- July 26, 2005 M/Rosenberg, S/Sandahl that the followinQ claims and pavrolls be approved: M & I BANK AlP Checks: 141755 - 142089 PAYROLL 21988-22401,39735 - 39739 TOTAL $ 1,066,034.62 $ 494,159.90 $ 1,560,194.52 Motion carried 5-0. Item #11 The City Council meeting was adjourned by unanimous consent at 7:37 p.m. Date Approved: August 9, 2005 fl,~~ Cheryl K umhol Recording Secretary