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04-13-04 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting April 13, 2004 The meeting was called to order by Mayor Kirsch at 6:35 p.m. Staff Present: Martin Kirsch, Mayor; Sue Sandahl; Susan Rosenberg; John Enger; and Gertrude Ulrich. Samantha Orduno, City Manager; Steve Devich, Administrative Services Director; Dan Scott, Public Safety Director; Mike Eastling, Public Works Director; Jim Topitzhofer, Recreation Services Director; Cheryl Krumholz, Recording Secretary; and Corrine Thomson, City Attorney. Members Present: 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 and HRA Worksession of March 15. 2004: (2) Special City Council Worksession of March 15. 2004: and (3) ReQular City Council Meetino of March 23. 2004. Motion carried 5-0. Item #1 Council Meeting Minutes -2- April 13, 2004 Phil Mortenson, Civil Service Commission President, reported on the commission's past year's accomplishments. Civil Service Commission Member Marc Sullivan was also present. The City Council thanked the commission for their efforts. Item #2 Council Member Rosenberg announced that Richfield Beautiful is undertaking the City's landscaping award program. Council Member Rosenberg read a letter from a resident recognizing the positive efforts of City staff - Police Officer Mike Koob, Public Works Workers Bob Casper and Doug Thoennes - related to clean-up following a vehicle accident. Council Member Sandahl announced the Richfield Parks Clean-Up Day on April 24. She also discussed the Adopt-A-Park Program. Council Member Ulrich announced that the Met Council's Transportation Advisory Committee has created a new position related to non-motorized vehicles and Richfield resident David Gepner is a member. Council Member Ulrich discussed a recent Minneapolis Star Tribune editorial regarding subsidies and LRT. Item #3 City Manager Orduno reported on the March 30 meeting with MIT and Penn State representatives regarding the LFN study. She said Steve Orfield would receive a copy of the follow- up letter received from MIT Professor Clarke so he can provide feedback. A Worksession to discuss proceeding with the LFN study will be held on April 27 at 5:30 p.m. City Manager Orduno also reported on the April 12 meeting with Sharon Wagnor from Congressman Sabo's office related to LFN and a tour of East Richfield. City Manager Orduno stated Congressman Sabo has secured $7 million for the Lyndale Avenue bridge reconstruction and the City of Bloomington has committed $4 million towards the bridge. Item #4 Mayor Kirsch amended the agenda to add Claims and Payroll. MtRosenberg, StEnger to approve the aqenda as amended. Motion carried 5-0. Item #5 i "~"!:1.'1 ""'~".'~"~>: "",,:,..-:-..:'..~-.!..,.. Council Meeting Minutes -3- April 13, 2004 A. Removed from the consent calendar and placed on the regular agenda for consideration as Item 6. B. Approved resolution confirming City Manager's appointment of Larry Emond and Glenn Erickson as resident members of 2004 Local Board of Equalization S.R. No. 60 RESOLUTION NO. 9450 A RESOLUTION CONFIRMING CITY MANAGER'S APPOINTMENT OF TWO RESIDENT MEMBERS TO THE BOARD OF EQUALIZATION This resolution appears as Resolution No. 9450 in Resolution Book No. 75. C. Approved resolution providing 24-hour parking restrictions on east side of Nicollet Avenue from Sovereign Grace Fellowship Church's south driveway north to 71st Street S.R. No. 61 RESOLUTION NO. 9451 RESOLUTION AUTHORIZING HENNEPIN COUNTY TO INSTALL SIGNS RESTRICTING PARKING ON THE EAST SIDE OF NICOLLET AVENUE FROM THE SOVEREIGN GRACE FELLOWSHIP CHURCH'S SOUTH DRIVEWAY NORTH TO 71ST STREET. This resolution appears as Resolution No. 9451 in Resolution Book No. 75. D. Approved renewal of lawful gambling license for Fred Babcock VFW Post #5555, 6715 Lakeshore Drive, and resolution granting gambling activity S.R. No. 62 RESOLUTION NO. 9452 A RESOLUTION GRANTING APPROVAL FOR FRED BABCOCK VFW POST#5555 TO CONDUCT LAWFUL GAMBLING This resolution appears as Resolution No. 9452 in Resolution Book No. 75. E. Approved renewal of lawful gambling license for Minneapolis-Richfield American Legion Post #435,6501 Portland Avenue, and resolution granting gambling activity S.R. No. 63 RESOLUTION NO. 9453 A RESOLUTION GRANTING APPROVAL FOR MINNEAPOLIS-RICHFIELD AMERICAN LEGION POST #435 TO CONDUCT LAWFUL GAMBLING This resolution appears as Resolution No. 9453 in Resolution Book No. 75. F. Removed from the consent calendar and placed on the regular agenda for consideration as Item 6. Council Member Enger asked to remove Item 5A from the Consent Calendar and place it on the regular agenda as Item 6A. Council Member Sandahl asked to remove Item 5F so the applicant has an opportunity to address the City Council. Council Meeting Minutes -4- April 13, 2004 M/Sandahl, S/Enger to approve the Consent Calendar as amended. Motion carried 5-0. Item #6 5A. Consideration of approval of first reading of ordinance amendment relating to City Council salaries and schedule second reading for May 11, 2004 S.R. No. 59 Council Member Enger asked the City Council to withdraw this item from consideration and take a pay freeze for 2004. Mayor Kirsch stated this item addresses the salaries for 2005 and 2006. Council Member Ulrich stated she did not agree with Council Member Enger, but appreciated his intentions. Council Members across the entire State work hard with many hours. She did not support backtracking in salaries after getting minimal monetary recognition. M/Ulrich, S/Sandahl to approve the first readinq of the ordinance amendment relatinq to City Council salaries and schedule the second readinq for Mav 11, 2004. Council Member Sandahl stated agreement with Council Member Ulrich. Council Member Enger asked for clarification that this item was for 2005 and 2006 salaries. The City Council said yes. Motion carried 5-0. 5F. Consideration of approval of denial of new taxi license for Country Taxi and Limo, 1401 155th Street West, Burnsville S.R. No. 64 Council Member Sandahl asked Public Safety Director Scott for comments on this taxi license request. Public Safety Director Scott stated the applicant had multiple traffic violations and also was not truthful on the application, which was found when the license check was conducted. Bekema Mohamed, applicant, addressed the City Council to explain the violations and inaccurate completion of the application. Council Member Ulrich stated the City Council expects higher standards from taxi drivers because they have others in their vehicle. M/Sandahl, S/Rosenberg to deny the request for a new taxi license for Country Taxi and Limo. 1401 155th Street West. Burnsville. Council Member Sandahl stated she was uncomfortable with denying the license, but the list of violations is a great concern. Motion carried 5-0. Item #7 Council Meeting Minutes -5- April 13, 2004 Council Member Sandahl presented Staff Report No. 65 regarding a resolution approving the 2004-2005 Labor Agreement bet\l\l,~~n.me.CitY()f.Richfield and 911 Dispatcher Local 225 Bargaining Unit. . 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. 9454 RESOLUTION APPROVING LABOR AGREEMENT BElWEEN THE CITY OF RICHFIELD AND 911 DISPATCHERS, LOCAL 225 BARGAINING UNIT FOR THE YEARS 2004-2005 Council Member Enger asked about the training pay rate. Administrative Services Director Devich explained this training is similar to FTO for police officers - a new employee is placed with an experienced employee so he/she is doing their own job plus training. There must be four hours of training to get the pay. Council Member Enger asked what other bargaining and non-union units are not settled. Administrative Services Director Devich stated mediation has concluded with Police Officers and Detectives and a package will be going to them for a vote; Police Supervisors is in mediation and Firefighters is not settled. Motion carried 5-0. This resolution appears as Resolution No. 9454 in Resolution Book No. 75. Item #8 Council Member Rosenberg presented Staff Report No. 66 regarding consideration of a new on-sale wine and 3.2 percent malt liquor licenses for Pu'hket Thai Restaurant, 6345 Penn Avenue (deferred from March 23,2004). Sisaketh Chanthalakeo, applicant/co-owner, addressed the City Council regarding his driving violations and that he completed all the related requirements of the court. M/Rosenberg, S/Enger to approve the issuance of a new on-sale wine and 3.2 percent malt Iiauor licenses for Pu'hket Thai Restaurant. 6345 Penn Avenue South. Council Member Sandahl stated to Mr. Chanthalakeo that his background was of concern because the City Council wants to ensure no inappropriate sales of alcohol are made. Council Member Ulrich stated reluctance to support the licenses, but would do so with the expectation the Public Safety Department will watch the establishment closely. She said she would be willing to revoke the license if there was a problem. Motion carried 5-0. Council Meeting Minutes -6- April 13, 2004 Item #8A M/Rosenberg, StEnger that the followinq claims and payrolls be approved: RICHFIELD BANK & TRUST CO. AlP Checks: 130889 - 131310 PAYROLL 37985 - 38087; 38089 - 38190 TOTAL $ 1,375,959.03 $ 874,956.60 $ 2,250,915.63 Motion carried 5-0. Item #9 Mayor Kirsch adjourned the meeting at 7:19 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. Item #10 The Regular City Council Meeting reconvened at 8:52 p.m. Item #11 Council Member Sandahl reported on the City Manager's annual performance evaluation. M/Sandahl, S/Rosenberg to approve an addendum to the City of Richfield City Manaqer employment aqreement dated Auqust 26. 1999 includinq the followinq amendments: Section 19 (A) reqardinq residency. is hereby voided. In lieu of an annual waqe adiustment for 2004. Employee will receive 62 hours of vacation leave. retroactive to January 1. 2004. It is recoqnized that the position of City Manaqer is a position that requires the Employee to be "on- eall" 24/7. Section 10. Automobile - is amended as follows: Since the date of hire. it has been the understandinq that the Employer will not furnish Employee with a City vehicle for the performance of Employee's official duties. Instead. Employer will pay Employee $400 a month car allowance to reimburse Employee for the use of Employee's personal Council Meeting Minutes -7- April 13, 2004 vehicle in the performance of the Employee's official duties. The car allowance is an estimated amount intended to reimburse Employee .forreasonable expenses that Employee will incur in performance of official duties, and the allowance represents the Employer's full obliqation and responsibility reqardinq provision of automobile transportation to Employee. City Manager Orduno clarified that the automobile amendment is simply a housekeeping item done at the request of the Auditor with no change in dollar value. Council Member Sandahl stated the only increase is in vacation time and there is no increase in salary. Motion carried 5-0. Council Member Enger acknowledged the attendance of Nick Gerhardt, a University Journalism student. M/Enger, S/Rosenberg to recommend to Mr. Gerhardt's iournalism professor, that due to Mr. Gerhardt's dedication and due diliqence, he be qiven extra credit for the story he is doinq on the City Council meetinq. Motion carried 5-0. Council Member Sandahl asked that the minutes reflect this motion and that Mr. Gerhardt receive a copy of the minutes. Item #12 Date Approved: April 27" 2004 The City Council meeting was adjourned by unanimous consent a /1~-'-"'. M M CA .~ Che~m olz ~ Recording Secretary