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05-11-04 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting May 11 , 2004 The meeting was called to order by Mayor Kirsch at 6:30 p.m. Members Present: Martin Kirsch, Mayor; Sue Sandahl; Susan Rosenberg; John Enger; and Gertrude Ulrich. Staff Present: Samantha Orduno, City Manager; Steve Devich, Acting City Clerk; Dan Scott, Public Safety Director; Mike Eastling, Public Works Director; Bruce Palmborg, Community Development Director; and Corrine Thomson, City Attorney. No one was registered to speak. 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 April 27.2004 and (2) Reaular City Council Meetina of April 27. 2004. Motion carried 5-0. Item #1 Council Meeting Minutes -2- May 11, 2004 Hennepin County Attorney Amy Klobuchar addressed the City Council and introduced Allison O'Toole, Community Prosecutor for Richfield. Ms. Klobuchar presented a summary of the Hennepin County Attorney's office activities for the past year and informed the City Council of their new web site data available on the Internet. Item #2 Council Member Sandahl read a proclamation designating May 9-15, 2004 as National Police Week in Richfield. Public Safety Director Scott presented a brief history and description of National Police Week. Council Member Sandahl commended Officer Mike Sieve on his presentation to Richfield High School students the previous evening. Item #3 Richfield Chamber of Commerce President Steve Lindgren read a proclamation designating May 16-22, 2004 as Small Business Week in Richfield. Eric Gyser, Chamber Representative, announced the upcoming Salute to Small Business lunch. Item #4 Jo Romer, Vice-Chair Richfield Advisory Board of Health, introduced the Board of Health members present and presented the Boards Annual Report. Ms. Romer distributed and read a proposed modification to the City's tobacco ordinance discipline structure. The Mayor asked the City Manager to place the recommended tobacco ordinance violation amendment to a future City Council meeting. Council Member Rosenberg commended the Board for its work and suggested that a mandatory training with Public Safety personnel on lawful tobacco sales be built into the discipline structure. Item #5 Council Member Rosenberg commended the Richfield Beautiful Committee for their work and announced the tour that will take place on June 26 and 27. Council Meeting Minutes -3- May 11 , 2004 Council Member Sandahl reported that Council Member Rosenberg and she attended a National League of Cities conference Qn falTJ.il.ies in Portland, Oregon this past week and will present a report at the next Council meeting. . . Council Member Enger asked the City Council to authorize M & I to cash several stale-dated checks that he has held. M/Ulrich, S/Rosenberg to authorize M & I Bank to cash the stale-dated checks. Council Member Sandahl reminded Council Member Enger that a memo was in the Council packet last November or December asking that all payroll checks should be cashed by mid December to avoid problems. She asked Council Member Enger what happened. Council Member Enger said he had apparently missed the memo. City Manager Orduno said the memo was sent so that all payroll checks would be cashed by year-end to avoid any problems for the payroll system. Council Member Enger asked that his request be withdrawn. Council Member Ulrich reported on her attendance at a Department of Transportation seminar. Item #6 None. Item #7 Mayor Kirsch stated that Item 12 needed to be moved ahead of Item 10. M/Rosenberg, S/Sandahl to approve the aQenda as amended. Motion carried 5-0. Item #8 A. Approved resolution authorizing City Council not to waive monetary limits on statutory municipality tort liability established by MN Statute 466.04 S.R. No. 78 RESOLUTION NO. 9463 RESOLUTION AFFIRMING MUNICIPAL TORT LIABILITY LIMITS ESTABLISHED BY MINNESOTA STATUTES 466.04 This resolution appears as Resolution No. 9463 in Resolution Book No. 75. B. Approved hiring WSB & Associates to conduct Transit Oriented Development planning study for Airport Noise Mitigative Area S.R. No. 79 Council Meeting Minutes -4- May 11, 2004 C. Approved purchase of signal equipment for reconstruction of 67th Street and Lyndale Avenue intersection for City Bella project S.R. No. 80 D. Approved bid minutes/tabulation and award of contract to Pearson Bros. Inc. for 2004 sealcoating project in amount of $337,596.16 S.R. No. 81 M/Rosenberg, S/Sandahl to approve the Consent Calendar. Motion carried 5-0. Item #9 None. Item #12 Council Member Sandahl introduced the Transportation Committee members present: Steve Lindgren Barb Kritzman Lezlie Vermillion Bob Elliott Bob Shotwell 7141 Oak Grove Boulevard 6408 Pillsbury Avenue 6344 Knox Avenue 7100 2nd Avenue 7333 Upton Avenue Steve Lindgren summarized the Committee's work and public process involved in this project. He stated that the Committee concurred on recommending Alternative 4, the Fly Over with HOV lane. Lezlie Vermillion described the decision making process used by the Committee to arrive at the recommendation to accept Alternative 4, Fly Over with HOV Lane as the preferred northbound access at 76th Street and 1-35W. Ms. Vermillion stated the order of the criteria that the Committee used to evaluate the various alternatives available. She went on to describe what the Committee believed were the major advantages of selected Alternative 4, the Fly Over option. Ms. Vermillion concluded by thanking City staff, BRW and MnDOT for their assistance in this process. M/Sandahl, 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: RESOLUTION NO. 9464 RESOLUTION ACCEPTING ALTERNATIVE 4 - FLY OVER w/HOV LANE AS THE PREFERRED NORTHBOUND ACCESS AT 76TH STREET AND 1-35W Ken Meter, 7415 Humboldt Avenue, stated this plan was a victory for the neighborhood, that many homes will be saved and that the neighborhood is drawn close together. He stated that a motion to accept the alternative is still premature since the final fate of one to five homes in the area is still not totally resolved. Mr. Meter stated that residents were not given a full opportunity to Council Meeting Minutes -5- May 11, 2004 participate in the process by only being allowed to speak at the end of the meeting and that the neighbors input has been ignored. Lois Anderson, 7524 Girard Avenue, spoke against the Committee's recommendation and supported closure of the entrance ramp. Judith Goebel, 7500 Girard Avenue, stated that the process was difficult and feels that many details of the recommended alternative are still unresolved. Council Member Rosenberg stated it is consistent that most Commissions allow 15 minutes at the end of meetings for public input. Ms. Rosenberg took issue with Mr. Meter's statement that the neighbors weren't listened to. Council Member Sandahl asked Public Works Director Eastling to explain the basis for a video Mr. Meter referred to. Public Works Director Eastling replied that the video was based on a previous E.I.S. layout for the 76th Street ramp and dates back to the early 1990's. Council Member Sandahl asked Mr. Eastling if it was true that the original plan called for taking up to 26 homes. Mr. Eastling responded that it was, and that the current recommended alternative may result in no homes being taken. Council Member Sandahl asked about the sound and noise issues related to the new ramp. Tony Heppelmann, WSB & Associates, Inc., stated that the noise from the ramp would be less than the noise from the highway. The noise wall will ensure that future noise will be within accepted highway noise standards. He also stated that the final design will address any potential headlight penetration into the neighborhood. Council Member Enger asked about potential U-turns and snow removal on the ramp. Mr. Heppelmann responded to the questions, described other similar fly-over ramps and that they all are maintained by MnDOT. Council Member Enger stated that he was concerned by potential safety concerns of having ramps side by side. Mr. Eastling responded that all the alternatives meet MnDOT safety standards and review. Leslie Vermillion described other locations in the metro area that have similar designs. Council Member Enger asked if the City would have future City resident involvement or will the City Council be making all the decisions themselves. Mayor Kirsch stated there was a great deal of public involvement. M/Rosenberg, S/Ulrich to call the question. Motion carried 4-1. (Enger opposed.) A roll call vote wastaken. Motion carried 4-1. (Enger opposed.) This resolution appears as Resolution No. 9464 in Resolution Book No. 75. Council Member Sandahl commended the Transportation Committee and staff for their work and that she felt many of the goals of the City Council for the area have been met. Council Member Ulrich stated that we are still a long way away from a final decision on this matter. Council Meeting Minutes -6- May 11, 2004 M/Sandahl, 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: RESOLUTION NO. 9465 RESOLUTION ENCOURAGING MN/DOT TO CONSTRUCT THE 1-35W ACCESS RAMPS WHEN THE 76TH STREET BRIDGE IS REPLACED. Motion carried 4-1. (Enger opposed.) This resolution appears as Resolution No. 9465 in Resolution Book No. 75. Item #10 Council Member Ulrich reviewed Staff Report No. 82 regarding a second reading of an ordinance amendment relating to City Council salaries. Council Member Ulrich stated that when all of the hours worked by the Mayor and Council Members are considered, including various meetings, training and informal meetings with constituents, the pay per hour is very low. Council Member Rosenberg stated that she once calculated her per hour pay and it was in the negative, and that money was not the primary reason for serving. A roll call vote was taken. M/Ulrich, S/Rosenberg that this constitutes the second readinq of Bill No. 2004-4 amendinq Section 210 of the Ordinance Code relatinq to City Council salaries. that it be published in the official newspaper and that it be made part of these minutes. Motion carried 4-0. (Enger absent.) Item #11 Council Member Rosenberg reviewed Staff Report No. 83 regarding a request for a new multi-pet license for 6913 Washburn Avenue; three dogs. Council Member Rosenberg stated that there were objectives from some of the neighbors and that there was mediation and some agreements were made and fulfilled in the process. Birgit and Tony DiBartolo, 6913 Washburn Avenue, stated that they have had a conflict with only one neighbor and those concerns were dealt with in mediation. Ms. DiBartolo stated that they will not be breeding their dogs and that their dogs were spayed. Public Safety Director Scott stated that he felt the applicants had made a good faith effort to resolve the complaints by the neighbors. Council Member Sandahl stated that the City will be looking at kennel license and lot sizes in the future. Council Meeting Minutes -7- May 11, 2004 M/Rosenberg, S/Sandahl to approve the request for the issuance of a new multi-pet license for no more than three doas. for Tonv and Birait DiBartolo. 6913 Washburn Avenue. Motion carried 4-1. (Enger opposed.) Item #13 M/Rosenberg, S/Sandahl that the followina claims and pavrolls be approved: RICHFIELD BANK & TRUST CO. AlP Checks: 131625 - 131944 PAYROLL 38399 - 38507 TOTAL $ 801,326.54 $ 429,909.52 $ 1,231,236.06 Motion carried 5-0. Item #14 CITY OF RICHFIELD, MINNESOTA Bid Opening April 1, 2004 11 :00 am 2004 Bituminous Sealcoat Construction Bid No. 04-03 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 2004 bituminous sealcoat construction, bid no. 04-03, as advertised in the official newspaper on March 18, 2004 and the Construction Bulletin on April 19, 2004. Present: Nancy Gibbs, City Clerk Derick Anderson, Public Works Representative Cheryl Krumholz, City Manager Representative The following bids were submitted and read aloud: Bidder's Name/City Bid Security Total Bid Amount Astech Corp. 5% Bid Bond $447,358.58 St. Joseph, MN Pearson Bros. Inc. 5% Bid Bond $337,596.16 Loretto, MN Allied Blacktop 5% Bid Bond $343,108.90 Maple Grove, MN The City Clerk announced that the bids would be tabulated and considered at the May 11, 2004 City Council Meeting. ~ ~ Nancy ~ City Clerk