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03-09-04 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting March 9, 2004 The meeting was called to order by Mayor Pro Tempore Sandahl at 6:31 p.m. Members Present: Sue Sandahl, Mayor Pro Tempore; Susan Rosenberg; and Gertrude Ulrich. Members Not Present: Martin Kirsch, Mayor; and John Enger. Steve Devich, Acting City Manager; Dan Scott, Public Safety Director; Mike Eastling, Public Works Director; Bruce Palmborg, Community Development Director; Jim Topitzhofer, Recreation Services Director; Cheryl Krumholz, Recording Secretary; and Corrine Thomson, City Attorney. M/Sandahl, S/Rosenberg to determine the absence of Mavor Kirsch as an excused absence. Staff Present: Motion carried 3-0. M/Sandahl, S/Rosenberg to determine the absence of Council Member Enqer as an excused absence. Motion carried 3-0. No one was registered to speak. Mayor Pro Tempore Sandahl led the audience in the Pledge of Allegiance. Council Meeting Minutes -2- March 9, 2004 M/Rosenberg, S/Ulrich to approve the minutes of Reaular City Council Meetina of February . 24, 2004. ' Motion carried 3-0. Item #1 Council Member Rosenberg presented a proclamation designating March 13, 2004 as Human Rights Day in Richfield to Mark Olson, Human Rights Commission Chair. John Evenstad, Human Rights Commission Member and Richfest planner, discussed the upcoming Richfest event at the Richfield Intermediate School. Council Member Ulrich stated the League of Women Voters will be at Richfest to register voters. Recreation Services Director Topitzhofer discussed the Optimists Club's role in assisting with the park and recreation warming houses this past winter. Council Member Sandahl presented a certificate of appreciation acknowledging the Optimist Club's support of the warming houses to Barb Kritzman, President. Frank White, Recreation Programs/Athletics Manager, announced the upcoming Peterson Family concert that benefits the Richfield playground program. Item #2 Council Member Sandahl announced two Open Houses will be held regarding 1-35W/62 Crosstown Reconstruction Project. Council Member Ulrich reported on her reading to kindergartn~rs at Centennial School on Dr. Seuss' birthday. Council Member Ulrich announced that she was at the Community Center recognizing Allan Anderson on his 90th birthday and 25 years of volunteering. Item #3 M/Rosenberg, S/Ulrich to approve the aaenda. Motion carried 3-0. Council Meeting Minutes -3- March 9,2004 Item #4 A. Removed from the consent calendar and placed on the regular agenda for consideration as Item 5. B. Approved new gambling license for Mpls-Richfield American Legion Unit #435 Auxiliary, 601 Portland Avenue, and resolution granting gambling activity S.R. No. 37 RESOLUTION NO. 9443 A RESOLUTION GRANTING APPROVAL FOR THE MPLS-RICHFIELD AMERICAN LEGION UNIT #435 AUXILIARY TO CONDUCT LAWFUL GAMBLING This resolution appears as Resolution No. 9443 in Resolution Book No. 75. C. Approved contract with City of Bloomington, using federal grant funds from Centers for Disease Control, to provide public health emergency preparedness/bioterrorism services and development of response system S.R. No. 38 D. Approved bid minutes/tabulation and award of contract to Asplundh Tree Expert Company for 2004 diseased tree removal on private property in amount of $107,746 S.R. No. 39 E. Approved scheduling public hearing for March 23, 2004 for new on-sale intoxicating and Sunday liquor licenses for LaVilla Restaurante Mexicano, 1120 East 66th Street S.R. No. 40 F. Approved scheduling public hearing for March 23,2004 for new wine and 3.2 on-sale malt liquor licenses for Pu'hket Thai Restaurant, 6345 Penn Avenue S.R. No. 41 G. Approved itinerant place of amusement and itinerant food licenses, with fee waiver, for Richfield Human Rights Commission Richfest celebration at Richfield Intermediate School, 7020-12th Avenue, on March 13, 2004 S.R. No. 42 H. Approved resolution authorizing City of Richfield to participate with cities of St. Louis Park, Golden Valley and Brooklyn Center, equally sharing cost, in Phase II of Public Safety Answering Point Dispatch Consolidation Study S.R. No. 43 RESOLUTION NO. 9439 RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO PARTICIPATE WITH THE CITIES OF ST. LOUIS PARK, GOLDEN VALLEY AND BROOKLYN CENTER, EQUALLY SHARING THE COST, IN PHASE II OF THE PUBLIC SAFETY ANSWERING POINT DISPATCH CONSOLIDATION STUDY This resolution appears as Resolution No. 9439 in Resolution Book No. 75. M/Sandahl, S/Rosenberg to approve the Consent Calendar as amended. Motion carried 3-0. Item #5 Council Meeting Minutes -4- March 9, 2004 4A. Consideration of approval resolution authorizing subdivision waiver for properties at 305 East 77th Street (Church of tl1~ Assumption) and 308 East 78th Street (Progress Vall y group home) S.R. No. 36 . City Attorney Thomsonptesented Staff Report No. 36 regarding a resolution authorizing a subdivision waiver for properties at 305 East 77th Street (Church Of the Assumption) and 308 East 78th Street (Progress Valley group home). Ms. Thomson explained that two additional motions were required related to this matter: approval of the Petition and Waiver Agreement and approval of an additional resolution modifying the existing CUP which applied to the entire church property. M/Sandahl, 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: RESOLUTION NO. 9437 RESOLUTION AUTHORIZING A SUBDIVISION WAIVER FOR THE CHURCH OF ASSUMPTION LOCATED AT 305 EAST 77TH STREET Motion carried 3-0. This resolution appears as Resolution No. 9437 in Resolution Book No. 75. M/Sandahl, S/Ulrich to approve the Petition and Waiver Aqreement. Council Member Sandahl stated the City Council desires all improvements adjacent to the 1- 494 frontage road be built in such a way so the buildings are not land locked when the frontage road is lost due to the 1-494 expansion. Motion,carried3-0. M/Sandahl, 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: RESOLUTION NO. 9438 A RESOLUTION MODIFYING CONDITIONAL USE PERMIT FOR PROPERTY AT 308 EAST 78TH STREET; AMENDING CONDITIONAL U$E PERMIT ISSUED MARCH 13, 1978 Motion carried 3-0. This resolution appears as Resolution No. 9438 in Resolution Book No. 75. Item #6 Council Member Rosenberg presented Staff Report No. 44 regarding a resolution authorizing the use of funds for the 2004 Urban Hennepin County Community Development Block Grant Program. Ted Snyder, HOME Line representative, reviewed the services provided by this organization and that this was the first time they have been considered for funding by the City. Council Meeting Minutes -5- March 9, 2004 Mary Margaret Montieb, GMCDA representative, thanked the City Council for considering funding for their organization. She eXBI9iQepJhe use of the 2003 funding and the usage changes for 2004 funds due to budget reductions: M/Rosenberg, S/Ulrich to close the public hearinQ. Motion carried 3-0. M/Rosenberg, S/Sandahl 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. 9440 RESOLUTION AUTHORIZING USE OF FUNDS FOR THE 2004 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING SIGNATURE OF SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY REQUIRED THIRD PARTY AGREEMENTS Motion carried 3-0. This resolution appears as Resolution No. 9440 in Resolution Book No. 75. Council Member Rosenberg stated the Richfield Community Human Services Planning Council is the organization that reviewed the funding requests and thanked them for their efforts. Council Member Ulrich said the funding need is great and it is hard to give small amounts to such worthy causes and to turn down others. Item #7 Council Member Ulrich presented Staff Report No. 45 regarding a resolution amending a Conditional Use Permit at 616 East 78th Street (Enterprise Rent-A-Car) to allow automobile sales in addition to automobile leasing. Ron Cerko, Enterprise Rent-A-Car representative, explained the operation of their car sales business. He said they were excited to continue doing business in Richfield. Council Member Ulrich said she was pleased to see a business succeed and expand, but expressed concern regarding Enterprise understanding MnDOT's future freeway expansion plans and the maintenance of landscaping. Mr. Cerko said landscaping is important to their business. M/Ulrich, S/Rosenberg to close the public hearinQ. Motion carried 3-0. M/Ulrich, 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: Council Meeting Minutes -6- March 9,2004 RESOLUTION NO. 9441 RESOLUTION AUTHORIZING AN AMENDMENT TO THE CONDITIONAL USE PERMIT TO ALLOW VEHICLE SALES AT 616 EAST 78TH STREET Motion carried 3-0. This resol!ltic;m appears as Resolution No. 9441 in Resolution Book No. 75. Item #8 Council Member Ulrich presented Staff Report No. 46 regarding consideration of a new motor vehicle dealer license for Enterprise Leasing Company dba Enterprise Car Sales, 616 East 78th Street. M/Ulrich, S/Rosenberg to approve the reauest for a new motor vehicle dealer license for Enterprise Leasina Company dba Enterprise Car Sales. 616 East 78th Street. with the stipulation that the new conditional u.sepermit applied for: by the owner of the property_ is approved by the City Council at the March 9.2004 City Council me'etrnq. . .. Motion carried 3-0. Item #9 Council Member Sandahl presented Staff Report No. 47 regarding a resolution approving provisions of the 2004-2005 Labor Agreement between the City of Richfield and International Union of Operating Engineers Local 49. Council Member Sandahl stated Richfield has excellent City employees who put in 100% and similar wage and benefits rates need to be maintained so employees are not lost to other employers. Council Member Ulrich said she hears at several metro meetings that Richfield staff is held in high esteem. M/Sandahl, S/Rosenberg 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. 9442 RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 49 BARGAINING UNIT FOR THE YEARS 2004-2005 Council Meeting Minutes -7- March 9, 2004 Motion carried 3-0. This resolution appears as Resolution No. 9442 in Resolution Book No. 75. Item #10 Public Works Director Eastling presented Staff Report No. 48 regarding the Minnehaha Creek Watershed District proposed Rule M. Mr. Eastling explained the objections from the other cities and the Minneapolis Park Board related to the buffers for ponds proposed by the Minnehaha Watershed District including being burdensome to developed communities, not supported by good science as beneficial wetland protection practice and does not allow reasonable flexibility. He added it may be appropriate for the City Council to invite a Minnehaha Watershed District representative to a meeting to explain the purpose of the Rule M Buffer. He said Milner and Norby Ponds are affected in Richfield, as well as the Cedar Point Development. Council Member Sandahl asked the number of watershed members. Public Works Director Eastling said there are seven board members, six appointed by the Hennepin County Board and one by the Carver County Board. He added that the Minnehaha Watershed District appears to not have a cooperative attitude in discussing the proposed rule. Council Member Sandahl said, if Rule M is not voted down, the Minnehaha Watershed District should be asked to speak to the City Council and staff should determine when to schedule the meeting. Council Member Ulrich requested this proposed rule be discussed at the upcoming Richfield Bloomington Watershed Management Organization meeting so this group is aware of the issues, even though they are not involved. Item #11 M/Rosenberg, S/Ulrich that the followinQ claims and pavrolls be approved: RICHFIELD BANK & TRUST CO. AlP Checks: 130297 - 130581 PAYROLL 37656 - 37768 TOTAL $ 822,576.46 $ 440,388.17 $ 1,262,964.63 Motion carried 3-0. Item #12 The City Council meeting was adjourned by unanimous consent at 7:43 p.m. Council Meeting Minutes Date Approved: March 23, 2004 1 ~ Ch~01Z~' Recording Secretary -8- CITY OF RICHFIELD, MINNESOTA Bid Opening February 19, 2004 10:00 a.m. Removal and Disposal of Diseased Trees on Private Property Bid No. 04-02 Pursuant to requirements of Resolution NO.1 015, a meeting of the Administrative Staff was called by Deborah J. Guiher, Deputy 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. 04-02, as advertised in the official newspaper on February 5, 2004. Present: Deborah J. Guiher, Deputy 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 5% Bid Bond $107,746.00* Spring lake Park, MN *Denotes corrected figure The Deputy City Clerk announced that the bids would be tabulated and considered at the March 9, 2004 City Council Meeting.