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11-23-04 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting November 23, 2004 The meeting was called to order by Mayor Kirsch at 6:33 p.m. Members Present: Martin Kirsch, Mayor; Susan Rosenberg; Gertrude Ulrich; and John Enger. Members Not Present: Staff Present: Sue Sandahl. Samantha Orduno, City Manager; Steve Devich, Administrative Services Director; Dan Scott, Public Safety Director; Mike Eastling, Public Works Director; Pam Dmytrenko, Assistant to City Manager; Cheryl Krumholz, Recording Secretary; and Corrine Thomson, City Attorney. M/Rosenberg, S/Ulrich to excuse the absence of Council Member Sandahl from the November 23. 2004 City Council Worksession and Reoular Meetino. Motion carried 3-0. (Enger absent.) Elizabeth Arnold, 148 East 66th Street, addressed the City Council regarding the lack of enforcement of the sign regulation ordinance. She discussed two incidents with K-Mart. Council Member Rosenberg explained that Steve Lindgren, Richfield Chamber of Commerce, spoke with the K-Mart manager and the manager vowed to not put up signs again since they are in violation of the ordinance. Council Member Rosenberg requested the sign ordinance be discussed at the January City Council goal setting session. She added freedom of speech and a violation of rights need to be considered. Mayor Kirsch asked about handling an incident like this if it happened again. He added the Planning Commission is also reviewing the sign ordinance. City Manager Orduno stated Public Safety will handle any future problems. Council Member Ulrich said if signs are in the public right-of-way freedom of speech is not an Issue. Council Member Enger stated he supported a penalty for those who violate the ordinance. Council Meeting Minutes -2- November 23, 2004 Mayor Kirsch led the audience in the Pledge of Allegiance. M/Ulrich, S/Rosenberg to approve the minutes of (1) Special City Council Worksession of November 9. 2004 and (2) Reoular City Council Meetino of November 9. 2004. Motion carried 4-0. Item #1 Council Member Rosenberg requested the moratorium regarding front-yard parking regulations be discussed at the January City Council goal setting session. She is receiving feedback from residents who are concerned about the regulations. Council Member Ulrich stated she has received feedback of support for the regulations. Council Member Enger clarified the moratorium does not prohibit front-yard parking but restricts adding parking space in the front-yard. Mayor Kirsch reported on the following: . Testifying against the proposed sound insulation program at a recent MAC meeting . Acknowledged Frank White, Recreation Programs/Athletics Manager, being on WCCO radio regarding athletic activities . Recent third grade tours of City Hall, Public Safety and Fire Council Member Ulrich stated she received the Richfield Chamber of Commerce Outstanding Governmental Service Award. Item #2 City Manager Orduno reported that Congressman Martin Sabo had secured an Omnibus Appropriation Bill for $2.5 million for the reconstruction of the Lyndale Avenue bridge. Public Works Director Eastling explained the funding status for the bridge. Item #3 M/Rosenberg, S/Enger to approve the aoenda. Motion carried 4-0. Council Meeting Minutes -3- November 23, 2004 Item #4 A. Approved resolution regarding Signal Agreement No. 87338M among City of Richfield, Hennepin County and Minnesota Department of Transportation for maintenance of new traffic signals and street lights at 66th Street and Highway 77 east and west ramps S.R. No. 189 RESOLUTION NO. 9536 RESOLUTION AUTHORIZING approval of Signal Agreement No. 87338M among the Minnesota Department of Transportation (MnDOT), Hennepin County and the City of Richfield for maintenance of the new traffic signals and street lights at 66th Street and Highway 77 East and West Ramps This resolution appears as Resolution No. in 9536 Resolution Book No. 75. B. Approved resolution designating City's contribution toward health, term life and dental insurance premiums for General Services and Management employees S.R. No. 190 RESOLUTION NO. 9542 RESOLUTION DESIGNATING CITY'S CONTRIBUTION TOWARD HEALTH, TERM LIFE AND DENTAL INSURANCE PREMIUM FOR MANAGEMENT AND GENERAL SERVICES EMPLOYEES This resolution appears as Resolution No. in 9542 Resolution Book No. 75. C. Approved resolution authorizing amendments to City's Flexible Spending Account Plan benefit S.R. No. 191 RESOLUTION NO. 9543 RESOLUTION AUTHORIZING AMENDMENT TO THE CITY OF RICHFIELD HEALTH CARE AND DEPENDENT DAY CARE FLEXIBLE SPENDING ACCOUNT PLAN This resolution appears as Resolution No. in 9543 Resolution Book No. 75. D. Approved canceling December 28,2004 Regular City Council Meeting S.R. No. 192 E. Approved new 2004 on-sale wine and 3.2 percent malt liquor licenses, including outside service of alcohol and food, for The Noodle Shop - Colorado, Inc. dba Noodles and Company, 7630 Lyndale Avenue S.R. No. 193 F. Approved scheduling public hearing on December 14,2004 for renewal of on-sale wine and on-sale 3.2 percent malt liquor licenses for 2005 for Red Pepper Chinese Restaurant, Thompson's Fireside Pizza, Pu'hket Thai Restaurant; Chipotle Mexican Grill of Colorado, LLC dba Chipotle Mexican Grill; and The Noodle Shop-Colorado Inc. dba Noodles and Company S.R. No. 194 G. Approved scheduling public hearing for December 14,2004 for renewal of on-sale intoxicating and Sunday liquor licenses for 2005 for MDM EAR dba Backyard Bar and Grill; Khan's Mongolian Barbeque; Minneapolis-Richfield American Legion Post 435; Fred Babcock VFW Post No. 5555 dba Four Nickels Food and Drink; Don Pablo's Operating Corporation dba Don Pablo's; Champps Operating Corporation dba Champps Sports Cafe; Council Meeting MinutEl~ -4- November 23, 2004 Wiltshire Restaurants, LLC dba Houlihan's Restaurant & Bar; The Frenchman's; Taco Morelos; and LaVilla Restaurante Mexicano S.R. No. 195 H. Approved scheduling public hearing on December 14,2004 for renewal of pawnbroker and secondhand goods dealer licenses for 2005 for Metro Pawn and Gun, Inc. and Capital Cash, LLC dba Hy's Pawn S.R. No. 196 I. Approved award of contract to Cutler-Magner Company for quick lime for water treatment in amount of $203,644 for 2005 and 2006 with option to renew for another two years S.R. No. 197 J. Approved award of contract to Malecha Trucking for lime by-product disposal in amount of $196,020 for 2005 and 2006 with option to renew for another two years S.R. No. 198 M/Rosenberg, S/Ulrich to approve the Consent Calendar. Motion carried 4-0. Item #5 None. Item #6 Council Member Rosenberg presented Staff Report No. 199 regarding a resolution requesting Minnesota Department of Transportation conduct a speed study along 76th Street between 1-35W northbound ramp and Penn Avenue to adjust the speed limit. Public Works Director Eastling explained how speed limits are determined. He stated he believes that MnDOT supports an increased speed limit. Public Works Director Eastling added the City Council can decide not to change the speed limit after the MnDOT analysis. Mayor Kirsch stated a review of the speed limit could result in a consistent speed along 76th Street. Council Member Enger stated that he would not support a speed limit over 35 mph because of the residential driveways long 76th Street and an increase in traffic noise. Council Member Ulrich suggested the City Council consider a presentation from Hennepin County regarding how semaphore timing adjustments are determined. M/Ros~nberg, S/Ulrich that the followinq resolution be adopted. that it be spread in the resolution book and that it be made part of these minutes: Council Meeting Minutes -5- November 23, 2004 RESOLUTION NO. 9544 RESOLUTION REQUESTING THE MINNESOTA DEPARTMENT OF TRANSPORTATION (MN/DOT) INVESTIGATE THE SPEED ZONE ON 76TH STREET WEST IN RICHFIELD, MN BETWEEN THE 1-35W NB RAMP AND PENN AVENUE. 75. Motion carried 4-0. This resolution appears as Resolution No. 9544 in Resolution Book No. Item #7 Council Member Ulrich presented Item 7 regarding consideration of a Common Interest Agreement between the City of Richfield and Minneapolis regarding Metropolitan Airports Commission Noise Mitigation Program. Council Member Ulrich stated the agreement permits the sharing of information regarding possible legal recourse. The other communities impacted by airport noise should be kept as informed as allowed. City Attorney Thomson explained the Common Interest Agreement authorizes the exchange of information that would otherwise be confidential and privileged. It does not commit the City to legal action. Item #8 M/Enger, S/Rosenberg that the followinq claims and pavrolls be approved: RICHFIELD BANK & TRUST CO. AlP Checks: 135911 - 136576 PAYROLL 39599 - 39606 TOTAL $ 1,166,211.33 $ 402,474.03 $ 1,568,685.36 Motion carried 4-0. Item #9 The City Council meeting was adjourned by unanimous consent at 7: 12 Date Approved: December 14, 2004 /J ) -" /Iu' ! C~~,c,/~ Cheryl Krumholz I J Recording Secretary CITY OF RICHFIELD, MINNESOTA Bid Opening November 9, 2004 10:00 a.m. Water Treatment Plant Chemicals Quick Lime City Bid No. 04-10 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 water treatment plant chemicals - quick lime, as advertised in the official newspaper on October 14 and October 21,2004 and the Construction Bulletin on October 15 and October 22, 2004. Present: Nancy Gibbs, City Clerk Cheryl Krumholz, City Manager Representative Judy Disrud, Water Plant Supervisor The following bids were submitted and read aloud: Bidder's Name/City Bond Total Base Bid Cutler-Magner Co. Presented $ 203,644.00 Duluth Unit Price $72.73 The City Clerk announced that the bids would be tabulated and considered at the November 23, 2004 City Council Meeting. '-fl ith~r 11;{rL1 Nancy Gibb City Clerk CITY OF RICHFIELD, MINNESOTA Bid Opening November 9, 2004 10:30 a.m. Disposal of Lime By-Product City Bid No. 04-11 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 disposal of lime by-product, as advertised in the official newspaper on October 14 and October 21, 2004 and the Construction Bulletin on October 15 and October 22, 2004. Present: Nancy Gibbs, City Clerk Cheryl Krumholz, City Manager Representative Judy Disrud, Water Plant Supervisor The following bids were submitted and read aloud: Bidder's Name/City Bid Security Total Base Bid Malecha Trucking Inc. Cashier's Check $98,010.00/year Montgomery Unit: $1 0.89/cubic yard Mountain Environmental Inc. Not presented $ 154,170.00 Lino Lakes Unit: $17.13/cubic yard The City Clerk announced that the bids would be tabulated and considered at the November 23, 2004 City Council Meeting. City Clerk