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03-12-02 Regular I I I CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting March 12, 2002 The meeting was called to order by Mayor Kirsch at 6:33 p.m. Members Present: Martin Kirsch, Mayor; Susan Rosenberg; Gertrude Ulrich; and Sue Sandahl. Members Not Present: John Enger. M/Sandahl, S/Ulrich to determine the absence of Council Member Enqer as an excused absence. Motion carried 4-0. Staff Present: Samantha Orduno, City Manager; Steven Devich, Administrative Services Director; Mike Eastling, Public Works Director; Bruce Palmborg, Community Development Director; Dan Scott, Public Safety Director; Chris Regis, Finance Manager; Kathy Farris, Human Services Planner/Coordinator; Cheryl Krumholz, Recording Secretary; and Corrine Thomson, City Attorney. No one was registered to speak. Mayor Kirsch led the audience in the Pledge of Allegiance. 'I Council Meeting Minutes -2- March 12, 2002 M/Rosenberg, S/Sandahl to approve the minutes of the (1) Special City Council Worksession of February 26. 2002 and (2) Reqular City Council Meetinq of February 26, 2002. Motion carried 4-0. I Mayor Kirsch stated the Academy of Holy Angels (AHA) STAR hockey team was invited to tonight's meeting to recognize and congratulate them on their Class AA state high school hockey championship title. AHA hockey coach Greg Trebil thanked the City Council for including the AHA in the community. Coach Trebil said all team members were present and introduced them. Item #1 Kathy Farris, Human Services Planner/Coordinator, introduced Hennepin South Services Collaborative (HSSC) Community Resource Coordinator Sally Booher Item #2 City Manager Orduno presented the State of the City which focused on redevelopment and public works projects and reviewed the 2002 budget and tax levy process. I Mayor Kirsch made the following announcements: . Public hearing and second reading of Phase II pool renovation project - not on tonight's agenda; continued to March 26 City Council meeting due to legal publication deadlines (It Council availability for Tuesday, March 19; 3:00 p.m. - Best Buy Campus tour . Special City Council Worksession - establishing ward lines due to redistricting; Monday, March 18; 6:00 p.m. in the Council Chambers . Richfield-Bloomington Watershed Management Organization - annual meeting on March 25; 5:00 p.m. (dinner); 5:30 (meeting) held at Bloomington City Hall . Special City Council Worksession (precedes regular meeting) - Tuesday, March 26; 5:30 p.m. in the Council Chambers . Concurrent Special City Council and School Board Meeting - first of two annual meetings, Monday, April 15; 5:30 p.m. held at Richfield High School Council Member Rosenberg announced the Richfest celebration, sponsored by the City's Human Rights, on March 16, 11 :00 a.m. until 5:00 p.m. at the Intermediate School. Mayor Kirsch asked the City Attorney to respond to the question regarding further City Council action on the two agenda items that failed at the February 26, 2002 City Council meeting. City Attorney Thomson said the City Council has adopted the Sturgis Standard Code of Parliamentary Procedure. She said that both motions could be brought back before the City Council I by a renewed motion made by any City Council Member at a City Council meeting of their choosing. She said the renewed motion may be made by a City Council Member who was absent from the original meeting. I I I - - - - - - --- ---~;--~...---~ ._-~ ------,-----...- -- Council Meeting Minutes -3- March 12, 2002 Item #3 Mayor Kirsch removed Item 4G, stating this item is moved to the March 26, 2002 City Council meeting. Council Member Sandahl asked to remove Items 4H, 41, 4J and 4K from the Consent Calendar and place them on the regular agenda. Mayor Kirsch removed Consent Calendar Items 4H, 41, 4J and 4K and placed them on the regular agenda as Items 7 A, 7B, 7C and 7D. M/Rosenberg, S/Sandahl to approve the aqenda as amended. Motion carried 4-0. Item #4 A. Approved resolution authorizing two-year agreement with Fortis Benefits Insurance Company for long-term disability insurance benefits S.R. No. 52 RESOLUTION NO. 9155 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH FORTIS BENEFITS INSURANCE COMPANY FOR LONG-TERM DISABILITY INSURANCE BENEFITS This resolution appears as Resolution No. 9155 in Resolution Book No. 73. B. Approved resolution appointing Larry Emond and Glenn Erickson to 2002 Board of Equalization and setting compensation for service to board at $65 per session or $25 per hour per session, whichever is greater S.R. No. 53 RESOLUTION NO. 9156 A RESOLUTION CONFIRMING CITY MANAGER'S APPOINTMENT OF TWO RESIDENT MEMBERS TO THE BOARD OF EQUALIZATION This resolution appears as Resolution No. 9156 in Resolution Book No. 73. C. Approved bid minutes/tabulation and award of contract to A Top Notch Treecare for 2002 diseased tree removal on private property in amount of $59,880 S. R. No. 54 D. Approved resolution authorizing execution of stipulation for final settlement for 6511 Cedar Avenue, Parcel 19; 66th Street/Trunk Highway 77 Interchange Project S. R. No. 55 RESOLUTION NO. 9157 RESOLUTION AUTHORIZING EXECUTION OF A STIPULATION OF FINAL SETTLEMENT FOR 6511 CEDAR AVENUE (PARCEL 19) (66TH STREET/TRUNK HIGHWAY 77 INTERCHANGE PROJECT) Council Meeting Minutes -4- March 12, 2002 This resolution appears as Resolution No. 9157 in Resolution Book No. 73. E. Approved new auto-detailing license for Quality Details, 7720 Wentworth Avenue S.R. No. 56 F. Approved itinerant place of amusement and itinerant food licenses for annual Richfest celebration on March 16,2002 at Richfield Intermediate School, 7020-12th Avenue S.R. No. 57 I G. Removed from the consent calendar and placed on the March 26, 2002 City Council meeting. H. Removed from the consent calendar and placed on the regular agenda for consideration as Item 7 A. I. Removed from the consent calendar and placed on the regular agenda for consideration as Item 7B. J. Removed from the consent calendar and placed on the regular agenda for consideration as Item 7C. K. Removed from the consent calendar and placed on the regular agenda for consideration as Item 70. M/Sandahl, S/Rosenberg to approve the Consent Calendar as amended. Item #5 I Motion carried 4-0. City Manager Orduno presented Staff Report No. 63 regarding the second reading of a transitory ordinance providing funding for certain capital improvements from the Special Revenue Fund. Finance Manager Regis reviewed the capital improvements to be funded if the transitory ordinance is approved: . Park Maintenance . Ice Arena Second Sheet (repayment) . Ice Arena Air Conditioning ($50,000) . Pleasant Avenue Bike Trail Segments $ 75,000 $125,000 $ 25,000 $ 15,000 Council Member Rosenberg asked about the status of the skateboard park project. City Manager Orduno said the project plans are moving forward and includes Richfield's participation. M/Sandahl, S/Rosenberg to close the public hearinq. Motion carried 4-0. I Council Member Sandahl asked for a brief description of the Pleasant Avenue bike trail segments. I I I Council Meeting Minutes -5- March 12, 2002 Finance Manager Regis said the trail was located behind the Academy of Holy Angels along the railroad tracks. M/Ulrich, S/Rosenberg that this constitutes the Second Readinq of Bill No 2002-7, Transitorv Ordinance No. 18.13 providinq for the expenditure of funds from the Special Revenue Fund for certain capital improvements, that it be published in the official newspaper and that it be made part of these minutes. Motion carried 4-0. Item #6 City Manager Orduno reviewed Staff Report No. 64 regarding a resolution authorizing the use of funds for 2002 Urban Hennepin County Community Development Block Grant Program. Community Development Director Palmborg reviewed the Community Development Block Grant (CDBG) funding allocation of $237,426 for public service organizations and housing improvements. Carle Jacobson, representing Greater Minneapolis Day Care Association, thanked the City Council for their support. She distributed a fact sheet on early childhood care and education in Hennepin County and in Richfield. M/Rosenberg, S/Sandahl to close the public hearinq. Motion carried 4-0. Council Member Rosenberg thanked the Richfield Human Services Planning Council for their recommendations, especially because of the struggle with reduced funds. She asked if Community Development Block Grant funds for housing improvements were part of the money requested by Lake Shore Drive residents at the February 26 City Council meeting. She asked if the people on the waiting list are served first when new funds are available. Community Development Director Palmborg explained the funding process for Lake Shore Drive. He said the waiting list consists of single family homes and will be addressed in July. 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. 9158 RESOLUTION AUTHORIZING USE OF FUNDS FOR THE 2002 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 4-0. This resolution appears as Resolution NO.9158 in Resolution Book No. 73. Item #7 Council Meeting Minutes -6- March 12, 2002 City Manager Orduno reviewed Staff Report No. 65 regarding the re-issuance of a revoked off-sale 3.2 percent malt liquor license for 12th Avenue Phillips 66, 7744 12th Avenue. Public Safety Director Scott reviewed the background related to the request for re-issuance of the liquor license. He said the ID equipment is similar but not the same as the municipal liquor stores, because the station sells other items beside alcohol and has a wide variety of customer ages. He said alcohol, tobacco and lottery ticket sales are monitored. He added that he recently learned that the Phillips 66 corporate headquarters was not told of the four previous violations. He said it appeared sales would be more closely monitored with the new management. M/Sandahl, S/Ulrich for the re-issuance of an off-sale 3.2 percent malt liquor license which the City Council revoked on September 10, 2001 for a fourth alcohol compliance failure with an amendment to reapply 90 days fr?m revocation. Council Member Sandahl said she is willing to follow the Public Safety Director's recommendation based on his belief that new management staff and corporate awareness will ensure no further occurrences of alcohol sales to minors. She added the Phillips 66 has installed the ID equipment as requested by the City Council. Council Member Rosenberg said she doesn't understand why a gas station sells liquor because it contradicts with drinking and driving. Kathy Hallick, local Phillips 66 representative, said inside sales have decreased tremendously with no liquor sales and gas sales have decreased also. She said many of the customers are local people who walk to the station. Council Member Rosenberg said she supports the license being re-issued, but has a difficult time with selling to minors. Mayor Kirsch said he is satisfied with the station meeting the request of the City Council for I ID equipment. Motion carried 4-0. Item #7A Council Member Sandahl requested considerable more detailed explanations, including impacts, pictures, examples, when this item comes before the City Council for second reading. She said she would approve the first reading based upon the Planning Commission's recommendation. Community Development Director Palmborg said more detail will be provided and a Planning Commission member will be at the second reading. Council Member Ulrich said that the service office districts need to be carefully and clearly reviewed for the services provided so parking requirements are met because some services need more or less space for parking. She said this amendment was a good idea. M/Sandahl, S/Rosenberg to approve the first readina of an ordinance amendment to Richfield City Zonina Code Section 524 to create a Service Office zoninq district. Motion carried 4-0. I I I I I - .-- - -----~f~ Council Meeting Minutes -7- March 12,2002 Item #78 Council Member Sandahl said her comments on this item are related to the preceding item. M/Sandahl, S/Rosenberg to approve the first readinq of an ordinance amendment to Richfield City Code Section 416.07 Subdivision 2 (c) to create siqn requlations for the new Service Office (SO-1) district. Motion carried 4-0. Item #7C Council Member Sandahl requested greater clarification and details when this item comes before the City Council for second reading. She supports the Planning Commission looking at a variety of homes. Community Development Director Palmborg said a more user-friendly report would be provided at the second reading. M/Sandahl, S/Rosenberg to approve the first readinq of an ordinance amendment to Richfield City Zoninq Code Sections 521.07,521.09, 521.11,521.43, 521.45, 521.47, 521.65 and 521.69 reqardinq limits for density, set-backs, and heiqht for Cluster Home Developments. Motion carried 4-0. Item #70 Council Member Sandahl asked that the potential risks, the purpose, and the reason for this proposed amendment be included in the discussion at the second reading. M/Sandahl, S/Rosenberg to approve the first readinq of an ordinance amendment to Richfield City Zoninq Code Sections 521.05,521.13,521.49 and 521.73 reqardinq allowable Iivinq space in qaraqe accessory structures. Motion carried 4-0. Council Meeting Minutes Item #8 None. Item #9 -8- March 12, 2002 M/Rosenberg, S/Sandahl that the follo~inq claims and pavrolls be approved: RICHFIELD BANK & TRUST CO. I NT Checks: 110666- 110685 HIC 114132 - 114459 PAYROLL 29098 - 29276 TOTAL Motion carried 4-0. No one addressed the City Council. 2002 /;;J , ) ,2!~ /1(,~tI/U1~/1 Cheryl Krumholz Recording Secretary $ 98,922.81 $ 1,122,271.18 $ 510,312.96 $ 1,731,506.95 -I I I I I I I CITY OF RICHFIELD, MINNESOTA Bid Opening February 21, 2002 11 :00 a.m. Removal and Disposal of Diseased Trees on Private Property Bid No. 02-02 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. 02-02, as advertised in the official newspaper on February 6, 2002. Present: Deborah J. Guiher, Deputy City Clerk Cheryl Krumholz, City Manager Representative Randy Hughes, Public Works Representative Ray Wroblewski, Sr. Clerk Typist The following bids were submitted and read aloud: Vendor Bid Security Bid Amount A Top Notch Tree Care Cashier's Check $59,880.00 Plymouth, MN larry's landscaping & Tree Service None $45,986.79 Cushing, MN Precision Landscape & Tree Inc. 5% Bid Bond $60,275.00 Little Canada, MN Wilson Custom Tree None $66,232.00 Cresco, IA The Deputy City Clerk announced that the bids would be tabulated and considered at the March 12, 2002 City Council Meeting.