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01-09-07 Regular ...... CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting January 9, 2007 I CALL TO ORDER The meeting was called to order by Mayor Goettel at 6:31 p.m. I ROLL CALL Members Present: Debbie Goettel, Mayor; Sue Sandahl; Susan Rosenberg; Fred Wroge; and Bill Kilian. Staff Present: Steve Devich, City Manager; Mike Eastling, Public Works Director; Bruce Palmborg, Community Development Director; Dan Scott, Public Safety Director; Pat Smith, Community Development Manager; Melissa Poehlman, Zoning Administrator; Tom Foley, Transportation Engineer; Pam Dmytrenko, Assistant to City Manager; Cheryl Krumholz, Recording Secretary; and Corrine Thomson, City Attorney. I OPEN FORUM No one was registered to speak. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. I APPROVAL OF MINUTES I MlWroge, S/Rosenberg to approve the minutes of (1) Special City Council Worksession of December 12. 2006 and (2) Regular City Council Meeting of December 12. 2006. Motion carried 5-0. Mayor Goettel stated the sound system issues will be addressed in the next couple months. Council Meeting Minutes -2- January 9, 2007 Item #1 PRESENTATION BY DEVELOPER OF PROPOSED YORK PLACE PROJECT (69TH STREET BETWEEN YORK AND XERXES AVENUES) IN EDINA AND CONSIDERATION OF CITY COUNCIL ACTIONS RELATED TO PROJECT S.R. NO.7 Mayor Goettel presented Staff Report No. 7 Dean Dovolis, DJR Architecture Inc., discussed the proposed York Place development project. Alternative 1 is the original project that requires several variances for the final development plan and includes retail and multi-housing. Alternative 2 does not require any variances since it meets present zoning requirements and includes all retail. If the original project is not approved by the Edina City Council, alternative 2 will be built. Jim Benshoof, Wenck Associates retained by the developer, discussed the traffic impacts, volumes and analysis on 69th Street in Richfield. Council Member Sandahl asked about parking for the retail portion. Mr. Dovolis stated there is concealed surface parking at grade and underground parking. Council Member Wroge asked about seeing the parking from the street. Mr. Dovolis said it is not seen from York and Xerxes Avenues, but is seen on 69th Street when passing by the site. Council MemberWroge asked when the 14-storyapartment building was reduced to a 12- story . Mr. Dovolis explained that was changed between two meetings in November and December of the Edina Planning Commission. The Edina Planning Commission approved the 12- story. Council Member Kilian asked about the curb setback. Mr. Dovolis explained there is 35 feet from the property line and 10 feet of greenway. Mayor Goettel stated she and Council Member Rosenberg attended the Edina Zoning Board meeting where the project was not approved. She said they both spoke regarding visual concerns and the need to be better neighbors. She added residents have raised concerns regarding home value impacts. Community Development Manager Smith said Richfield staff has not done a study on home values related to multi-housing projects. The Urban Land Institute did conduct a study which was distributed to the City Council that indicates land values do not depreciate. Council Member Wroge said his biggest concern is that if this project were across the street in Edina it would not be allowed. He said it's almost like Richfield is being taken advantage of. ) Mr. Dovolis explained Alternative 1 was a risky project but Edina wants to see a future for . the area. If both Edina and Richfield find there's too much risk, the developer will go back to Alternative 2 with the one-level retail scheme which requires no variances, has no affordable housing, no environmental options and produces more traffic. The site will be developed regardless. Council Meeting Minutes -3- January 9, 2007 Council Member Wroge said the project is impacting residential streets and Edina should have come forward to Richfield staff. Council Member Kilian suggested trying to explore a middle ground between the alternatives. He said he prefers the housing component because it has less impact on Richfield's side. Mayor Goettel said the Edina Planning Commission and Edina Zoning Board liked the idea of the development but the location and size were concerns and could set a precedent on building height. Mr. Dovolis explained a balance of the density of the area and economics need to be considered for middle ground. He said the development is not subsidized and is totally a for-profit financing. Council Member Kilian asked about structured parking. Mr. Dovolis explained the cost differences between surface, open air and underground parking. Council Member Sandahl asked about financial leeway to step back in the senior housing portion of Alternative 1. Mr. Dovolis stated the project needs to be sustained in cut backing height. There is not much latitude when the funding is private. Council Member Kilian said that if no tax increment financing is involved, a city's leverage or say in the project is taken away. Mayor Goettel added the city does have a say in variances. Pauline Helling, 7001 Washburn Avenue, expressed concern regarding parking and traffic impacts at 70th Street and Xerxes/France Avenues. She also asked about traffic impacts on 66th Street when work is done on Crosstown. Mr. Dovolis stated he is a member of the Edina Transportation Commission and the community input process is beginning with nothing official yet. There would be a coordinated approach with Richfield and Edina. Council Member Rosenberg said Edina and Richfield staff and Transportation Commissions should work together to address traffic impacts. Doris Rubenstein, 6515 Emerson Avenue, spoke about pedestrian safety concerns, including personal mass transit to relieve short range, individual vehicle traffic for the Southdale area. Mr. Dovolis stated the Southdale study has a transit component, including being more pedestrian friendly. Scott Dewees, 6925 Xerxes Avenue, asked about the project timeframe. He also asked about the Richfield residents viewing the back of the buildings. Mr. Dovolis said the timeframe is 2-3 months. Richfield residents do view the rear of the buildings but it is landscaped. Increased density increases green space. The facade is still being discussed. Council Meeting Minutes -4- January 9, 2007 Betty Kramer, 6908 Queen Avenue, asked about the square footage for Alternative 2. She added she heard that Southdale is going bankrupt. Mr. Dovolis said Alternative 2 has 56,000 more square footage than Alternative 1. He added that enclosed malls are having trouble but open-air, strip malls are doing well. The proposed development and Southdale are two different operations. Ordella Miller, 6844 Queen Avenue, expressed concern regarding access of homes to 69th Street. She said 69th Street is a residential not commercial street. Fran Peterson, 6912 Washburn Avenue, suggested traffic flow could be reduced on the Xerxes Avenue side if access and building orientation were on the York Avenue side. Mr. Dovolis said service is off York Avenue for retail and residential access. Council Member Wroge asked for clarification of the use of 69th Street and the impact if 69th Street/Xerxes Avenue were closed off. Transportation Engineer Foley stated 69th Street is a City street, classified as a collector street. If the street is altered for traffic to go to 70th Street or 66th Street, 69th Street would probably no longer serve as a collector. Lisa Schwab, 6740 Washburn Avenue, stated she is not opposed to redevelopment of the Southdale area but a 12-story building is a bit much. She expressed concern regarding traffic impacts on Xerxes Avenue and pedestrian safety. Mr. Dovolis discussed how pedestrian sidewalks and crossings are addressed and that traffic is trying to be kept off Xerxes Avenue. Council Member Wroge said he has seen people parking on 68th Street walking across Xerxes Avenue. Tom Miller, T E Miller Development LLC and owner of the properties proposed for development, discussed how he has addressed parking problems on Xerxes Avenue with posting no parking signs on the west side for his businesses. People parking on side streets are not his employees. Mr. Miller asked Richfield City Council which alternative they wanted to review - the one with a housing component or only retail. He added he was at the meeting voluntarily and is willing to listen to suggestions, but he can't live with two jurisdictions. He said he is receiving no financial subsidy. Camillo DeSantis, 6508 Newton Avenue, questioned the potential impact the proposed development could have on schools, Adams Park, zoning for the corridor and environmental studies. Michelle Kalantari, 6821 Sheridan Avenue, asked about Alternative 2 needing the outlet on Xerxes Avenue. She requested traffic calming options on 69th/70th Streets be reviewed. Mr. Dovolis said the outlet in that location is needed due to the typography of the site. Council Member Rosenberg stated all options and ramifications of traffic impacts, including traffic calming, are on the table. She said she favors speed bumps. She said there would be neighborhood meetings because input is needed and encouraged residents to read the newspaper and watch for mailings. Council Meeting Minutes -5- January 9, 2007 Steve Schwab, 6740 Washburn Avenue, said he understood this development was a business decision by the property owner but Richfield needs to protect their residents. Traffic patterns need to reflect that Richfield is not a thoroughfare for Edina. Council Member Rosenberg stated Richfield cannot control traffic but can make it unattractive to drive through the City. Mayor Goettel said Richfield residents were welcomed at the Edina Zoning Board and Edina residents are sympathetic to the issue. Council Member Sandahl said the Richfield Transportation Commission has a liaison to the Edina Transportation Commission. Council Member Kilian stated he is sympathetic to the residents' concerns but it needs to be remembered that it's Richfield not Edina residents driving on 69th Street. This is not only a one-dimensional issue, but one that is more encompassing of neighborhood needs. Council Member Sandahl discussed the stop light at 66th StreetlLyndale Avenue that counts down so the pedestrian knows the time limit in crossing the street. Mr. Dovolis said that type of crossing is already being considered. Bob Shotwell, 7333 Upton Avenue, Richfield Transportation Commission member who attends the Edina Transportation Commission meetings, discussed the 66th StreetlLyndale Avenue complex as comparable to the proposed Edina development and that an increase in traffic has not occurred. Traffic is generated by the under capacity freeway system. If internal City streets are restricted, commercial and retail capacities are impacted. He added that the proposed development could readjust the Xerxes Avenue frontage to York Avenue, which would be more appealing to the Richfield border. Mr. Dovolis said that was a possibility. M/Goettel, S/Rosenberg the Transportation Commission to evaluate traffic impacts at their earliest convenience: the Plannina Commission to work with the neiahborhood to formulate strateaies for strenathenina the residential Qualities of this area durina the Comprehensive Plan update: staff to draft a letter to the Edina Citv Council expressina Richfield's concerns: and staff to explore with Edina staff an on-aoina workina relationship for matters of mutual interest alona our shared boundarv. Motion carried 5-0. Item #2 COUNCIL DISCUSSION . HATS OFF TO HOMETOWN HITS Council Member Rosenberg said "Hats Off' to the residents who attended the Edina meetings and tonight's City Council meeting regarding the proposed York Place development. litem #3 I COUNCIL APPROVAL OF AGENDA MlWroge, S/Sandahl to approve the aaenda. Council Meeting Minutes -6- January 9, 2007 Motion carried 5-0. lItem #4 I CONSENT CALENDAR .1 City Manager Devich presented Staff Report NO.8. Council Member Rosenberg stated she will abstain from voting on this item because she works for Loaves & Fishes, which is one of the organizations to be considered to receive funding. A. Approved resolution providing funding of certain human service agencies for 2007 in total amount of $93,570 S.R. NO.8 M/Kilian, S/Sandahl that the followina resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 9878 A RESOLUTION APPROVING THE 2007 SOCIAL SERVICE AGENCY FUNDING RECOMMENDATIONS AND AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS FOR SERVICE WITH THOSE AGENCIES FUNDED BY THE CITY Motion carried 4-0. (Rosenberg abstained.) Council Member Rosenberg read Items B - F on the consent calendar. B. Approved first amendment to cost participation agreement between Hennepin County and City of Richfield for reconstruction of 66th Street and Portland Avenue intersection project S.R. NO.9 C. Approved continuing agreement with City of Bloomington for public health services for City of Richfield for 2007 S.R. No. 10 D. Approved purchase of two Chevrolet Colorado pickups from Thane Hawkins Polar Chevrolet for use by Community Service Officers in Public Safety Department for total of $40,180 S. R. No. 11 E. Approved purchase of two new Police squad cars from Elk River Ford for total of $43,610,84 S.R. No. 12 F. Approved bid minutes and tabulation and award of contract to Shank Construction, Inc. for construction of chemical feed system modifications project at Richfield Water Plant in total amount of $406,640 S.R. No. 13 M/Rosenberg, S/Sandahl to approve items B - F on the Consent Calendar. Motion carried 5-0. Item #5 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR None. Council Meeting Minutes ~7- January 9, 2007 Item #6 PUBLIC HEARING REGARDING RESOLUTION AUTHORIZING CONDITIONAL USE PERMIT TO ALLOW ZOE CHILD CARE PRESCHOOL CENTER TO OPERATE ACCESSORY USE CHURCH OF NEW LIFE, 7101 NICOLLET AVENUE S.R. NO. 14 Council Member Sandahl presented Staff Report No. 14. Joellen Deever, Edina resident, thanked the Richfield City Council for giving the proposed Edina development a lot of thought. M/Wroge, S/Kilian to close the public hearina. Motion carried 5-0. M/Sandahl, S/Kilian that the followina resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 9879 RESOLUTION AUTHORIZING A CONDITIONAL USE PERMIT TO ALLOW ACCESSORY DAY CARE FACILITIES SERVING UP TO 75 CHILDREN AT 7101 NICOLLET AVENUE Council Member Wroge asked who owned the vacant lot and why landscaping guidelines are not met. Zoning Administrator Poehlman said the church is the owner. She stated the current use is a legal non-conformity that is not required to meet the current ordinance unless changes to the structure are made. Council Member Wroge questioned the children being dropped off/picked up using the alley not the parking lot. Zoning Administrator Poehlman explained the rear entrance of the church is the entrance for the day care. The church has ensured the vehicles will not be parked in the alley. She added that residents were at the Planning Commission meeting to voice their concerns but no one spoke tonight and she has not heard any more complaints. Council Member Wroge suggested the two signs in front of the church (one for the church and one for the day care) being incorporated into one sign. He also asked about the plastic day care sign being a code violation. Zoning Administrator Poehlman said she would check on the sign permits. Council Member Kilian discussed the traffic concerns he had when Bernie's Montessori, 66th Street/11th Avenue, was proposed but none of them were borne out. Motion carried 5-0. This resolution appears as Resolution No. 9879. Council Meeting Minutes -8- January 9, 2007 Item #7 PUBLIC HEARING AND SECOND READING OF TRANSITORY ORDINANCE AUTHORIZING CONVEYANCE OF REAL PROPERTY TO RYAN COMPANIES US, INC.; CEDAR POINT COMMONS S.R. NO. 15 Council Member Sandahl presented Staff Report No 15. M/Rosenberg, SlWroge to close the public hearina. Motion carried 5-0. M/Sandahl, S/Kilian that this constitutes the second readina of Bill No. 2007-1. Transitorv Ordinance No. 18.44 convevina real propertv to Rvan Companies US. Inc.. that it be published in the official newspaper and that it be made part of these minutes. Motion carried 5-0. Item#S DISCIPLINARY HEARINGS REGARDING RESOLUTIONS IMPOSING CIVIL ENFORCEMENT ON ESTABLISHMENTS IN RICHFIELD THAT UNDERWENT ALCOHOL COMPLIANCE CHECK CONDUCTED BY RICHFIELD PUBLIC SAFETY STAFF AND FAILED BY SELLING ALCOHOL TO UNDERAGE YOUTHS.R. NO. 16 Council Member Wroge presented Staff Report No. 16. MlWroge, S/Kilian that the followina resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 9880 RESOLUTION SUSPENDING THE ON-SALE INTOXICATING AND SUNDAY LIQUOR LICENSE FOR DON PABLO'S, 980 W. 78TH STREET, AND IMPOSING A CIVIL PENALTY FOR FIRST TIME ALCOHOL COMPLIANCE FAILURE Don Pablo's - 980 West 78th Street - Philipos Getachew, Don Pablo's General Manager, admitted the violation occurred and stipulated to the penalty and he requested the City Council consider not imposing the suspension because of the financial impact on the other 30 employees. Council Member Wroge stated he understood the other employees' difficult situation but did not support waiving the suspension because it would set a bad precedent. Motion carried 5-0. This resolution appears as Resolution No. 9880. MlWroge, S/Kilian that the followina resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 9881 RESOLUTION SUSPENDING THE OFF-SALE 3.2 PERCENT INTOXICATING MALT LIQUOR FOR KWIK WAY FOODS, 7701 PORTLAND AVENUE SOUTH, AND IMPOSING A CIVIL PENALTY FOR SECOND TIME ALCOHOL COMPLIANCE FAILURE Council Meeting Minutes -9- January 9, 2007 Kwik Way - 7701 Portland Avenue - Dinesh Tandon, Kwik Way representative, admitted the violation occurred and stipulated to the suspension and penalty. Council Member Wroge expressed concern because this was the fifth violation. He asked Mr. Tandon if the store had equipment similar to the Richfield municipal liquor stores that require identification for sales. Mr. Tandon explained the process used by his store. Council Member Kilian said Kwik Way is a different situation in purchases than the City's liquor sto~es, but this does not remove the responsibility of sales. Motion carried 5-0. This resolution appears as Resolution No. 9881. Item #9 DISCIPLINARY HEARING REGARDING RESOLUTION IMPOSING CIVIL ENFORCEMENT ON ESTABLISHMENT IN RICHFIELD THAT UNDERWENT TOBACCO COMPLIANCE CHECK CONDUCTED BY RICHFIELD PUBLIC SAFETY STAFF AND FAILED BY SELLING TOBACCO TO UNDERAGE YOUTH S.R. NO. 17 Council MemberWroge presented Staff Report No. 17. Council Member Sandahl asked what the ordinance states regarding revoking or suspending the license for this number of violations. Public Safety Director Scott said the last time this establishment failed a compliance check, the recommendation was revocation of their license. Portland Amoco - 6545 Portland Avenue - Michael Mohinani, BP Amoco representative, admitted the violation occurred and stipulated to the suspension and penalty. He distributed to the City Council a letter from the ex-employee who made the sale which explained the circumstances. He added that the City's liquor system also allows entering a birth date and not swiping the license. MlWroge, S/Kilian that the followina resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 9882 RESOLUTION REVOKING THE TOBACCO LICENSE FOR ONE YEAR, WITH THE OPTION TO SUSPEND THE LICENSE FOR UP TO 60 DAYS, FOR PORTLAND AMOCO, 6545 PORTLAND AVENUE SOUTH, AND IMPOSING A CIVIL PENALTY FOR FOURTH TIME TOBACCO COMPLIANCE FAILURE Motion carried 5-0. This resolution appears as Resolution No. 9882. Item #10 CONSIDERATION OF RESOLUTION APPROVING AMENDMENT TO 2006-07 LABOR AGREEMENT WITH LAW ENFORCEMENT LABOR SERVICES LOCAL 162; POLICE SUPERVISORS S.R. NO. 18 Council Member Kilian presented Staff Report No. 18. Council Meeting Minutes -10- January 9, 2007 M/Kilian, SlWroge that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 9883 RESOLUTION DESIGNATING CITY'S CONTRIBUTION TOWARDS HEALTH AND DENTAL INSURANCE PREMIUMS AND SALARY INCREASE FOR EMPLOYEES COVERED BY THE POLICE SUPERVISORS LOCAL 162 Motion carried 5-0. This resolution appears as Resolution No. 9883. Item #11 CONSIDERATION OF RESOLUTION APPROVING MODIFICATIONS TO 2006-07 LABOR AGREEMENT WITH LAW ENFORCEMENT LABORS SERVICES, INC. LOCAL 225; 911 DISPATCHERS S.R. NO. 19 Council Member Kilian presented Staff Report No. 19. M/Kilian, S/Rosenberg that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 9884 RESOLUTION DESIGNATING CITY'S CONTRIBUTION TOWARD HEALTH AND DENTAL INSURANCE PREMIUMS AND VACATION LEAVE MODIFICATION FOR EMPLOYEES COVERED BY THE LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL 225 Motion carried 5-0. This resolution appears as Resolution No. 9884. Item #12 CONSIDERATION OF RESOLUTION APPROVING AMENDMENT TO 2006-07 LABOR AGREEMENT WITH INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 49 S.R. NO. 20 Council Member Kilian presented Staff Report No. 20. M/Kilian, S/Rosenberg that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 9885 RESOLUTION DESIGNATING CITY'S CONTRIBUTION TOWARDS HEALTH AND DENTAL INSURANCE PREMIUMS AND SALARY INCREASE FOR EMPLOYEES COVERED BY THE INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 49 Motion carried 5-0. This resolution appears as Resolution No. 9885. Council Meeting Minutes -11- January 9, 2007 Item #13 CONSIDERATION OF PURCHASE AGREEMENT BETWEEN CITY OF RICHFIELD AND JAMES AND MARLENE ZALESKY, OWNER OF ZALESKY PRINTING, FOR ACQUISITION OF PROPERTY AT 6613 PORTLAND AVENUE AS PART OF 66TH STREET AND PORTLAND AVENUE INTERSECTION PROJECT S.R. NO. 21 Council Member Rosenberg presented Staff Report No. 21. M/Rosenberg, S/Kilian to authorize the Mayor and City Manaaer to execute the proposed Purchase Aareement between the City of Richfield and James & Marlene Zalesky for the acquisition of the property located at 6613 Portland Avenue. Council Member Wroge asked if the Zaleskys could stay longer if the Crosstown reconstruction slowed down the intersection project. Public Works Director Eastling stated the date negotiated was mutually agreed between the parties. Staff is not interested in moving the Zaleskys out any sooner than necessary. Council Member Kilian said there is the option of a rent/lease back until the property is needed. Motion carried 5-0. Item #14 CONSIDERATION OF AMENDMENT TO OFF-STREET PARKING PERMIT AT .1430 EAST 66TH STREET, EL JALAPENO MARKET, TO EXTEND COMPLIANCE DEADLINES S.R. NO. 22 Mayor Goettel presented Staff Report No. 22. George Frost, EI Jalapeno Market, stated he agreed with some but not all of the points made in the staff report. He reviewed the difficulties he said he encountered over the past five years with the City's permit process for all the improvements. He said he is working diligently to get the updates done. He wanted the landscaping completed and barricades in place so the curb parking stopped. Mayor Goettel stated it appeared there was a lack of communication from Mr. Frost to City staff resulting in information consistently being late. Mr. Frost stated he had verbal agreements with Melissa Poehlman, Zoning Administrator, and told her he would try to get the work done. Multiple staff were involved to get every aspect covered. Zoning Administrator Poehlman stated the building permits are not part of the zoning issues. That information was provided to show the history of non-compliance. She said staff has done all they can to be as accommodating as possible. Council Member Wroge asked about the status of the fire code violations. Zoning Administrator Poehlman stated they are corrected now, but prosecution is proceeding since they were not done in a timely fashion. Council Meeting Minutes -12- January 9, 2007 Mr. Frost responded that the permit process caused the delay and that he contacted the Fire Services Director when the building was ready for re-inspection. Fire Services Director Sveum explained the two options in handling the fire code issues in the basement; one required a permit, one did not. Council Member Wroge asked if the requirements as listed in the off street parking permit resolution is accurate as of today. Zoning Administrator Poehlman said all the work is not done yet. Council Member Sandahl stated the City Council is serving as the Board of Adjustments and Appeals and there is a $350 fee for the appeal. Mr. Frost said he didn't know about the fee. Zoning Administrator Poehlman explained that typically an appeal process is followed which includes the $350 fee, but Mr. Frost approached the City Council directly at the December 12, 2006 meeting. Staff believed it was more important to bring this matter before the City Council and not pursue the fee aspect. . Mayor Goettel asked about the consequence if the off street parking is denied. Zoning Administrator Poehlman said prosecution will proceed. Council Member Kilian stated he is not seeing anything showing good faith. Council Member Sandahl questioned how many items on the off street parking resolution requirements were completed. Mr. Frost reviewed each item on the resolution and explained the status. Council Member Wroge said the December 12, 2006 City Council minutes do not state that Mr. Frost asked for a Board of Appeals. Zoning Administrator Poehlman stated Mr. Frost did not state those exact words on December 12, 2006, but that he was appealing the completion dates for compliance. Council Member Sandahl asked staff if Mr. Frost was asked to pay the $350 appeal fee. Zoning Administrator Poehlman said no. Mr. Frost stated he was asking for an extension of the completion dates. He said he is trying to get work done inside the building because he thought the health of the public more important. Zoning Administrator Poehlman stated that Bloomington Health reports there is nothing outstanding to prevent compliance. Mr. Frost said he will try to communicate with staff faster and quicker and compliance is needed. M/Goettel, S/Kilian to deny an amendment to an off-street parking permit at 1430 East 66th Street. EI Jalapeno Market to extend compliance deadlines. Council Meeting Minutes -13- January 9, 2007 Council Member Sandahl stated that in September 2006 she was willing to extend the deadlines in good faith to get the work done. She said she is not impressed with the level of compliance and supported denial of the off street parking. Council Member Kilian stated he supported the extension in September 2006, but that now he feels taken advantage of because the outside looks like nothing has been done. . Mr. Frost said he is not saying the outside is not important, but that the inside work is for the customers. Council Member Wroge asked Mr. Frost if he was the owner of the building. He said Mr. Frost had plenty of time to get the work done and feels like the City Council has been taken advantage of. Mr. Frost said he is the owner and operating the business. He asked if he had to close the store's door if the off street parking is denied. Zoning Administrator Poehlman said the off street parking permit is not revoked and still is in place but in non-compliance so prosecution proceedings move forward. Motion carried 5-0. Item #15 CONSIDERATION OF DENYING CLAIM FOR SEWER BACKUP DAMAGES AT 6305 DUPONT AVENUE S.R. NO. 23 Council Member Sandahl presented Staff Report No. 23. M/Sandahl, S/Kilian to deny the claim for damaaes for a sewer backup at 6305 Dupont Avenue South. George Holter, 6305 Dupont Avenue, said he thought he was asking for a legitimate claim and that he should have sued the neighbor. He said he would live with what the City Council decided. Council Member Sandahl explained that procedurally a motion needs to be made and then discussion occurs. Motion carried 5-0. Item #16 CONSIDERATION OF CITY COUNCIL LIAISON APPOINTMENTS FOR 2007 TO VARIOUS METROPOLITAN AGENCIES AND CITY COMMISSIONS S.R. NO. 24 Mayor Goettel presented Staff Report No. 24. Mayor Goettel reviewed the recommended changes. She stated she spoke with Council Member Sandahl who was agreeable to no longer being the NOISE alternate. She would be the FOWL representative since she served on the board already. She added that she would also replace the former Mayor as liaison on the other applicable commissions. Council Meeting Minutes -14- January 9, 2007 M/Goettel, SlWroge to approve liaison appointments for 2007 to various metropolitan aaencies and City commissions. Metro Cities (Formerlv AMM) Bill Kilian Representative Sue Sandahl Alternate Southwest Cable Commission Fred Wroae Representative Steve Devich Representative Sue Sandahl Alternate NOISE Bill Kilian Representative Debbie Goettel Alternate NOISE Oversiaht Committee Bill Kilian Representative Pam Dmvtrenko Alternate Leaaue of Minnesota Cities Debbie Goettel Representative Sue Sandahl Liaison Richfield School District Susan Rosenbera Representative Fred Wroae Alternate StorefrontIY outh Action Kathv Farris Liaison Fred Wroae Alternate 1-35W Solutions Alliance Sue Sandahl Liaison Mike Eastlina Alternate 494 Corridor Commission Sue Sandahl Liaison Tom Folev Alternate Transportation Committee Sue Sandahl Liaison Bill Kilian Alternate Advisorv Board of Health Debbie Goettel Liaison Susan Rosenbera Alternate Community Services Commission Fred Wroae Liaison Susan Rosenbera Alternate Human Riahts Commission Susan Rosenbera Liaison Bill Kilian Alternate Plannina Commission Debbie Goettel Liaison Bill Kilian Alternate Friendship City Commission Debbie Goettel Liaison Sue Sandahl Alternate Arts Commission Susan Rosenbera Liaison Celebrations Commission Susan Rosenbera Liaison Fred Wroae Alternate Sue Sandahl Alternate Richfield Community Human Services Plannina Council Susan Rosenbera Representative FOWL Board Debbie Goettel Representative Susan Rosenbera Alternate Richfield 2020 Sue Sandahl Representative Familv Friendlv Task Force Sue Sandahl Representative Susan Rosenbera Representative City Hall Task Force Fred Wroae Liaison Bill Kilian Liason Richfield Historical Society Fred Wroae Representative Motion carried 5-0. Council Meeting Minutes -15- January 9, 2007 Item #17 CONSIDERATION OF DESIGNATING COUNCIL MEMBER(S) TO ATTEND MARCH 2007 NATIONAL LEAGUE OF CITIES CONFERENCES AND N.O.l.S.E. CONFERENCE S.R. NO. 25 Council Member Wrage presented Staff Report No. 25. Council Member Sandahl stated that in the past, the Mayor has attended the March National League of Cites conference to lobby our legislators. She suggested the City Manager also attend since the Mayor is newly elected. Mayor Goettel suggested Council Member Sandahl attend with her. Council Member Kilian suggested deciding on attending the NOISE conference be deferred until an agenda is available to determine if it was worthwhile to go. Council Member Sandahl suggested that also be the case for the November National League of Cities conference. MlWroge, S/Sandahl to desianate Mayor Goettel and City Manaaer Devich to attend the March 2007 National Leaaue of Cities conference and defer makina a desianation for the NOISE and November National Leaaue of Cities conferences until an aaenda of events is available. Motion carried 5-0. Item #18 CITY MANAGER'S REPORT City Manager Devich discussed the need to schedule a Special City Council Worksession to discuss the 66th Street/Portland Avenue intersection. The City Council scheduled the worksession on January 17, 2007 at 7:15 p.m. at the Water Plant. City Manager Devich stated the January 19 annual goalsetting location needs to be determined. Three places have tentatively been reserved: Hampton Inn, Water Plant and School District Board Room. The City Council agreed to conduct the goalsetting at the school district. litem #19 I CLAIMS AND PAYROLL M/Rosenberg, SlWroge that the followina claims and payrolls be approved: U. S. BANK 12-26-06 AlP Checks: 155575 - 155930 PAYROLL 35991 - 36323; 41236 TOTAL $ $ 758,523.21 443,580.55 $ 1,202,103.76 Council Meeting Minutes -16- January 9, 2007 U. S. BANK 1-9-07 AlP Checks: 155931 - 156226 PAYROLL 35991 - 36323; 41236 TOTAL $ 911,674.06 $ 460,587.73 $ 1,372,261.79 Motion carried 5-0. ADJOURNMENT 7 ~ C~hOZ -- Recording Secretary CITY OF RICHFIELD, MINNESOTA Bid Opening December 20, 2006 2:00 p.m. Chemical Feed System Modifications Richfield Water Treatment Facility Project No. 000673-06118-0; Bid No. 06-06 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 Chemical Feed System Modifications, as advertised in the official newspaper on December 7,2006. Nancy Gibbs, City Clerk Brian Young, Utility Superintendent Doris Swanson, City Manager Representative The following bids were submitted and read aloud: Present: Name Magney Construction Inc. Rice Lake Shank Constructors Construction Group Bid Bond Presented Presented Presented Total Base Bid $274,200 $243,400 $217,920 , Alternate No. 1 $39,500 $47,500 $25,920 End Suction Pumo Alternate No. 2 $22,000 $39,000 $18,790 Chemical Feed Pumps Alternate No. 3 $24,600 $43,400 $26,140 Sample Pump Alternate NO.4 $54,500 $73,000 $50,890 Polvmer Feed System Alternate No. 5 $123,800 $151,000 $100,390 Carbonic Acid Feed System Alternate NO.6 $11,900 $12,750 $5,480 Exterior Obi Doors to Lime Silo Room Alternate No. 7 $15,300 $11,600 $9,600 Painting of Silos & Lime Feed Equipment Alternate No. 8 $9,300 $9,500 " $7,300 PaintinQ of Lime Silo Room Alternate No. 9 $9,900 $14,900 $6,040 New Floor In Lime Silo Room , Alternate No. 10 $3,800 $4,100 $4,330 Cleaninaof Retainina Wall The City Clerk announced that the bids would be tabulated and considered at the January 9, 2007 City Council Meeting. ~1MM Nancy Gib .- City Clerk