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03-11-03 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting March 11, 2003 The meeting was called to order by Mayor Kirsch at 6:30 p.m. Gertrude Ulrich; and John Enger. Samantha Orduno, City Manager; Steven Devich, Administrative Services Director; Tom Foley, Acting Public Works Director; Bruce Palmborg, Community Development Director; Jim Topitzhofer, Recreation Services Director; Brad Sveum, Acting Fire Services Director; Cheryl Krumholz, Recording Secretary; and Corrine Thomson, City Attorney. M/Sandahl, S/Rosenberg to determine the absences of Council Members Enoer and Ulrich from the March 11. 2003 Reoular City Council Meetino as an excused absence due to their attendance at the National Leaoue of Cities conference in Washinoton. D.C. Members Present: Members Not Present: Staff Present: Martin Kirsch, Mayor; Susan Rosenberg; and Sue Sandahl. Motion carried 3-0. Woody Duvlea, 7345 Lyndale Avenue, requested the City Council reverse the City Manager's singular decision to cancel the cable television broadcasting of HRA and Planning Commission meetings and expand the coverage by having the Planning Commission meeting follow the HRA meeting so they are all on one evening. He said he believed this coverage would be more informational and increase viewership, especially for the less mobile citizens. Council Member Rosenberg stated the decision to cancel cable television broadcasting of the HRA and Planning Commission meetings was not a singular decision of the City Manager, but a decision made by the policymakers (City Council). Mayor Kirsch led the audience in the Pledge of Allegiance. Council Meeting Minutes -2- March 11, 2003 M/Rosenberg, S/Sandahl to approve the minutes of (1) Special Concurrent City Council and HRA Meetina of February 14. 2003: (2) Special City Council Meetina of February 19. 2003: (3) Reaular City Council Meetina of February 25.2003: and (4) Special City Council Meetina of February 26. 2003. Motion carried 3-0. Item #1 Mr. Susag made a presentation related to his recent Metropolitan Council appointment, including his background, experience and his role as a Metropolitan Council Member. The City Council thanked Mr. Susag for his work on behalf of all the communities he will represent. Item #2 Mayor Kirsch reported that the State of Minnesota notified the City of Richfield Motor Vehicle Division that in November 2002, Richfield issued 4,692 transactions and only had two errors. The Mayor asked Steve Devich, Administrative Services Director, to express the City Council's congratulations to the Motor Vehicle Licensing staff. Council Member Sandahl clarified information related to the Governor's proposed Local Government Aid (LGA) reductions and the impact on Richfield. Council Member Rosenberg announced the June 21, 2003 Richfield Beautiful tour of homes and gardens around the City. Council Member Rosenberg reported that the Walser Auto Sales/City of Richfield/HRAlBest Buy lawsuit is settled. She thanke.d City staff and attorneys for their work during mediation. Council Member Sandahl stated the recent trip to Heredia, Costa Rica (Richfield's Friendship City) was very enjoyable and educational. She reiterated that the Mayor and she and the other Richfield delegation members paid their own way. Item #3 M/Rosenberg, S/Sandahl to approve the aaenda. Motion carried 3-0. Item #4 Council Meeting Minutes -3- March 11, 2003 A. Approved continuation of secoQ,QE~.~g!ing ofQrdinance amendment to Richfield City Code Section 820.05 regarding legaff{otIcerequire'ments for vacating public right-of way to March 25,2003 City Council meeting S.R. No. 52 B. Approved establishing Tuesday, April 29, 2003 at 6:30 p.m. for 2003 Local Board of Equalization S. R. No. 53 C. Approved resolution supporting legislation allowing Richfield Fire Department to establish ambulance service S.R. No. 54 RESOLUTION NO. 9313 RESOLUTION AUTHORIZING SUPPORT OF LEGISLATION ALLOWING RICHFIELD FIRE DEPARTMENT TO ESTABLISH AN AMBULANCE SERVICE This resolution appears as Resolution No. 9313 in Resolution Book No. 74. D. Removed from the consent calendar and placed on the regular agenda for consideration as Item 5. E. Approved resolution appointing Rhonda Osborne to Richfield Tourism Promotion Board for three-year term ending December 31, 2003 S.R. No. 56 RESOLUTION NO. 9315 RESOLUTION APPOINTING A REPRESENTATIVE TO THE BOARD OF DIRECTORS TO THE RICHFIELD TOURISM PROMOTION BOARD, INC. This resolution appears as Resolution No. 9315 in Resolution Book No. 74. F. Approved resolution between City of Richfield and MnDOT for federal participation in design of Lyndale Avenue bridge over 1-494 S.R. No. 57 RESOLUTION NO. 9316 RESOLUTION AUTHORIZING ACCEPTANCE OF STATE OF MINNESOTA AGENCY AGREEMENT NO. 84355 BETWEEN THE DEPARTMENT OF TRANSPORTATION AND THE CITY OF RICHFIELD FOR FEDERAL PARTICIPATION IN PRELIMINARY ENGINEERING FOR REPLACEMENT OF L YNDALE AVENUE BRIDGE OVER 1-494 This resolution appears as Resolution No. 9316 in Resolution Book No. 74. G. Approved resolution opposing proposed closure of any suburban division courthouse of Fourth Judicial District S.R. No. 58 RESOLUTION NO. 9312 RESOLUTION IN OPPOSITION TO THE PROPOSED CLOSURE OF ANY SUBURBAN DIVISION COURTHOUSE OF THE FOURTH JUDICIAL DISTRICT Council Meeting Minutes -4- March 11, 2003 This resolution appears as Resolution No. 9312 in Resolution Book No. 74. H. Approved revised joint powers agreement between cities of Bloomington, Edina and Richfield and Southdale YMCA for construction, ownership and operation of YMCA Tri-City Skate Park S.R. No. 59 I. Approved bid minutes/tabulation and award contract to A Top Notch Treecare for 2003 diseased tree removal on private property in amount of $83,766 S.R. No. 60 J. Approved plans and specifications for construction of screening wall at Fountainhead Apartments as part of 76th Street Widening Project S.R. No. 61 M/Sandahl, S/Rosenberg to approve the Consent Calendar as amended. Motion carried 3-0. Item #5 Item 4D. Consideration of approval of resolution appointing Russ Susag to Richfield Tourism Promotion Board for thr~e-year term ending December 31, 2005 S.R. No. 55 Mayor Kirsch stated this item was removed from the agenda because Mr. Susag was recently appointed to the Metropolitan Council and there may be a conflict of interest. The Mayor said this item would come before the Council again at a future meeting. Item #6 Mayor Kirsch presented Staff Report No. 62 regarding consideration of a second reading of a transitory ordinance providing expenditure of funds from the Special Revenue Fund for certain capital improvements. City Manager Orduno stated that staff is recommending the public hearing be continued to the next City Council meeting to permit additional discussion regarding the use of these funds for potential City Hall improvements. M/Rosenberg, S/Sandahl to table the public hearina and second readina of a transitorv ordinance providina expenditure of funds from the Special Revenue Fund for certain capital improvements to the March 25 Citv Council meetina and also discuss the use of the Special Revenue Funds at the Special Cit\,Council Worksession on March 20.2003. Motion carried 3-0. Item #7 Council Meeting Minutes -5- March 11, 2003 Council Member Rosenberg p~~~,~,nt~,d. Staff Report No. 63 regarding a resolution approving provisions of the 2003 Lab6f'iAgfeementwith Law Enforcement Labor Services Local 162. M/Rosenberg, S/Kirsch 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. 9317 RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND LAW ENFORCEMENT LABOR SERVICES (LELS), LOCAL 162 BARGAINING UNIT FOR THE YEAR 2003 Motion carried 3-0. This resolution appears as Resolution No. 9317 in Resolution Book No. 74. Item #8 Council Member Rosenberg presented Staff Report No. 64 regarding a resolution approving provisions of the 2003 Labor Agreement with Richfield International Union of Operating Engineers Local 49. M/Rosenberg, S/Sandahl 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. 9314 RESOLUTION APPROVING 2003 LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND RICHFIELD INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 49 Motion carried 3-0. This resolution appears as Resolution No. 9314 in Resolution Book No. 74. Item #9 Council Member Sandahl presented Staff Report No. 65 regarding consideration of appointment to the City's advisory commissions. M/Sandahl, S/Kirsch to appoint the followina persons to fill the unexpired terms on the Advisory Board of Health. ADVISORY BOARD OF HEALTH Name Carlene Ulmer Jo Romer Term Expires January 31, 2004 January 31, 2005 Council Meeting Minutes -6- March 11, 2003 Motion carried 3-0. M/Sandahl, S/Rosenberg to appoint the followinq persons to fill terms on the Arts Commission. ARTS COMMISSION Name Anna Thompson Jennifer Olson Mary Olafson Veronica Anczarski Ellen Stinger Name Elizabeth Barnes Susan Rublein Ronald Wilson Megan D'Orvilliers Motion carried 3-0. M/Sandahl, S/Rosenberg to defer the Celebrations Commission appointments until additional applications are received. Motion carried 3-0. Council Member Sandahl encouraged citizens to apply for the Planning Commission vacancy and also for the Arts Commission and the Celebrations Commission. City Manager Orduno reported on recent City staff reductions and that an additional round of staff lay-offs may occur in Mayor June depending upon the Local Government Aid cuts approved by the Legislature. She added that police and fire staffing may be impacted because the City will not be able to sustain its level of services. M/Rosenberg, S/Sandahl that the followina claims and pavrolls be approved: RICHFIELD BANK & TRUST CO. AlP Checks: 122501 - 122815 PAYROLL 34547 - 34682 TOTAL $ 926,386.57 $ 503,823.79 $ 1,430,210.36 Motion carried 3-0. Item #12 Council Meeting Minutes -7- March 11,2003 Mayor Kirsch adjourned the meeting at 6:59 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. The Closed Executive Session was convened pursuant to M.S. 13D.05,subd. 3(b). Item #13 The Regular City Council Meeting reconvened at 7:26 p.m. Item #14 Council Member Sandahl provided background information related to the Warden Oil Super Fund site and explained the liability could have been up to $800,000. M/Sandahl, S/Rosenberg to authorize the City Attornev to commit the City to the proposed settlement so lona as the City's share of the settlement amount does not exceed $15.000. Motion carried 3-0. The Regular City Council meeting was adjourned by unanimous consent at 7:27 p.m. U Ii ~~ Recording Secretary Date Approved: March 25, 2003 CITY OF RICHFIELD, MINNESOTA Bid Opening February 20, 2003 11 :00 a.m. Removal and Disposal of Diseased Trees on Private Property Bid No. 03-01 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. 03-01, as advertised in the official newspaper on February 6, 2003. Present: Deborah J. Guiher, Deputy City Clerk Doris Swanson, City Manager Representative Randy Hughes, Public Works Representative Ray Wroblewski, Public Works Representative The following bids were submitted and read aloud: Vendor Bid Security Bid Amount S & S Tree Specialists 5% Bid Bond $107,400.00 Arborists Top Notch Cashier's Check $83,766.00 Provided The Deputy City Clerk announced that the bids would be tabulated and considered at the March 11, 2003 City Council Meeting.