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03-27-07 Regular ~ CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting March 27, 2007 I CALL TO ORDER The meeting was called to order by Mayor Goettel at 6:30 p.m. I ROLL CALL Members Present: Debbie Goettel, Mayor; Sue Sandahl; Fred Wroge; and Bill Kilian. Members Not Present: Staff Present: Susan Rosenberg. Steve Devich, City Manager; Mike Eastling, Public Works Director; Bruce Palmborg, Community Development Director; Barry Fritz, Acting Public Safety Director; Bill Fillmore, Municipal Liquor Operations Director; Chris Regis, Finance Manager; Cheryl Krumholz, Recording Secretary; and Mary Tietjen, City Attorney. M/Sandahl, SlWroge to excuse the absence of Council Member RosenberQ from the March 27,2007 ReQular City Council MeetinQ. Motion carried 4-0. 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. APPROVAL OF MINUTES Council Meeting Minutes -2- March 27, 2007 M/Wroge, S/Sandahl to approve the minutes of Reaular City Council Meetina of March 13. 2007. Motion carried 4-0. Item #1 COUNCIL DISCUSSION . RICHFIELD HISTORICAL SOCIETY FUNDING REQUEST . HATS OFF TO HOMETOWN HITS David Butler, Richfield Historical Society, requested the Richfield City Council consider becoming a $5,000 sponsor of the history book related to the 2008 Centennial Celebration. Previously, the City Council voted to help in the book effort by loaning $20,000 to the historical society to cover the advance costs. To date, $3,333 has been advanced. The Society has $5,000 commitments from Best Buy, Opus, Ryan Companies, Inc. and Richfield/Bloomington Credit Union. The Society requested the City waive the repayment of the $3,333 loan and contribute another $1,667 to make a commitment of a $5,000 sponsorship. Lisa Plank, Richfield Historical Society, discussed upcoming projects, including the history book. Council Member Kilian said he believed it would be remiss if the City did not be a sponsor. City Attorney Tietjen explained the City entered into a loan agreement related to the $20,000 advance and the terms need to be reviewed regarding additional contributions. A recommendation will be provided to the City Council at the next meeting. M/Kilian, S/Sandahl to commit the City to be a $5.000 sponsor of the Richfield Historical Society's History book. Motion carried 4-0. Mayor Goettel presented to Randy Hughes, Operations Superintendent, a certificate of recognition regarding the public works snowplowing crew's efforts. Mayor Goettel reported on the recent National League of Cities Conference in Washington, DC that she and the City Manager attended. Mayor Goettel stated there has been a graffiti insurgence with the warmer weather. She added'the City of Minneapolis is proposing an ordinance restricting the sale of spray paint. Acting Public Safety Director Fritz reported that six perpetrators were arrested last night for graffiti, but that was not an answer to the problem. The tagging graffiti by gangs or gang "wannabes" is what is mostly in Richfield. St. Paul is also enacting an ordinance restricting spray paint also. Acting Public Safety Director Fritz stated a similar ordinance would be presented to the Richfield City Council in the future which addresses the possession of paint sticks and the selling of paint by businesses. A state-wide law would be most effective. Acting Public Safety Director Fritz continued that the perpetrators were caught through citizens calls to 9-1-1. Council Meeting Minutes -3- March 27, 2007 Council Member Wroge said businesses may be upset with this restriction at first but they need to help with this problem. Graffiti sends the wrong issue regarding safety. He expressed support for an ordinance and would hope Bloomington and Edina would pass an ordinance, too. Mayor Goettel said she spoke with the Bloomington and Edina Mayors and they want to review the ordinance. This needs to be a fight with a united front. Council Member Kilian said it appeared to be a prescriptive solution, not addressing the problem. He said he supports an ordinance but has questions on an issue that deserves a more cursory discussion. He added he'd like to be shown how the ordinance would make Richfield a safer place and not cause other problems or push it elsewhere. Acting Public Safety Director Fritz said the root problem is a social issue of why people join gangs, which the City Council cannot solve. Council Member Sandahl asked about the City Council, on behalf of the residents, having an impact statement presented to the judge who presides over these juvenile court cases. Acting Public Safety Director Fritz said staff would check if the court would be receptive to such a statement. . The City Council requested staff prepare an impact statement for the courts. Council Member Sandahl reported on a recent Urban Partnership Agreement Stakeholders Workshop regarding federal grants to reduce traffic congestion. lItem #2 I COUNCIL APPROVAL OF AGENDA At the City Manager's request, Mayor Goettel added the following to the consent calendar: . 3H. Consideration of approval of resolution appointing Raj Bhakta to Richfield Tourism Promotion Board for the remainder of a three-year term ending December 31,2009. M/Kilian, SlWroge to approve the aQenda as amended. Motion carried 4-0. litem #3 I CONSENT CALENDAR A. Approved canceling publiC hearing regarding conditional use permit to allow installation of 35-foot tall accessory roof-mounted antenna at 6221 Portland Avenue; City Water Treatment Plant S.R. No. 80 B. Approved resolution authorizing submission of Federal Non-Motorized Transportation grants S.R. No. 81 Council Meeting Minutes -4- March 27, 2007 RESOLUTION NO. 9910 RESOLUTION AUTHORIZING APPROVAL OF SUBMISSION OF APPLICATIONS FOR FEDERAL NON-MOTORIZED TRANSPORTATION PILOT PROGRAM FUNDS This resolution appears as Resolution No. 9910. C. Approved resolution authorizing storm water management plan for new Public Works maintenance facility SR. No. 82 RESOLUTION NO. 9911 RESOLUTION APPROVING STORM WATER MANAGEMENT PLAN FOR CITY OF RICHFIELD PUBLIC WORKS MAINTENANCE FACILITY This resolution appears as Resolution No. 9911. D. Approved resolution authorizing Public Safety Department/Police Division to accept $50 donation from Minneapolis-Richfield American Legion Auxiliary Unit 435 S. R. No. 83 RESOLUTION NO. 9912 RESOLUTION AUTHORIZING RICHFIELD PUBLIC SAFETY/POLICE TO ACCEPT A DONATION OF $50 FROM THE MINNEAPOLIS-RICHFIELD AMERICAN LEGION AUXILIARY UNIT 435 This resolution appears as Resolution No. 9912. E. Approved resolution authorizing Public Safety Department/Police Division to accept $50 donation from Residential Mortgage Group S.R. No. 84 RESOLUTION NO. 9913 RESOLUTION AUTHORIZING RICHFIELD PUBLIC SAFETY/POLICE TO ACCEPT A DONATION OF $50 FROM RESIDENTIAL MORTGAGE GROUP, INC. IN THE NAME OF RICHFIELD RESIDENTS KORI & ED MARSHALL This resolution appears as Resolution No. 9913. F. Approved setting public hearing on April 24, 2007 to consider issuance of new on-sale wine and on-sale 3.2 percent malt liquor licenses for Naviya's Thai Kitchen, 6345 Penn Avenue SR. No. 85 G. Approved executing lease termination agreement for 1710 East 78th Street; Normark Building S.R. No. 86 H. Approved resolution appointing Raj Bhakta to Richfield Tourism Promotion Board for the remainder of a three-year term ending December 31,2009 S.R. No. 93 RESOLUTION NO. 9914 RESOLUTION APPOINTING REPRESENTATIVE TO THE BOARD OF DIRECTORS OF THE RICHFIELD TOURISM PROMOTION BOARD, INC. This resolution appears as Resolution No. 9914. Council Meeting Minutes -5- March 27, 2007 MlWroge, S/Sandahl to approve the Consent Calendar as amended. Motion carried 4-0. Item #4 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR None. Item #5 PUBLIC HEARING REGARDING RESOLUTION GRANTING SPECIAL CITY COUNCIL APPROVAL FOR INSTALLATION OF 132-SQUARE FOOT WALL SIGN AT 1901 EAST 66TH STREET; NEW PUBLIC WORKS MAINTENANCE FACILITY S.R. NO. 87 Mayor Goettel presented Staff Report No. 87. M/Goettel, S/Sandahl to close the public hearing. Motion carried 4-0. Council Member Kilian asked about additional signage. Public Works Director Eastling stated a monument sign could be decided later after the bids and budget are reviewed. Mayor Goettel said it was a good idea to have signage at eye level. Public Works Director Eastling stated the entrance to the building is on the northwest corner. M/Sandahl, S/Kilian that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 9915 RESOLUTION FOR SPECIAL COUNCIL APPROVAL OF A 132-SQUARE FOOT WALL SIGN AT 1901 EAST 66TH STREET (NEW CITY GARAGE SITE) Motion carried 4-0. This resolution appears as Resolution No. 9915. Item #6 CONSIDERATION OF SECOND READING OF ORDINANCE AMENDING TRANSITORY ORDINANCE NO. 17.57 CORRECTING LEGAL DESCRIPTION OF AFFECTED LAND NEAR RECONSTRUCTED INTERSECTION OF EMERSON AVENUE SOUTH AND 77TH STREET WEST S.R. NO. 88 Council Member Wroge presented Staff Report No. 88. Council Meeting Minutes -6- March 27,2007 MlWroge, S/Kilian to approve second readina of an ordinance amendina Bill No. 1994-11, Transitory Ordinance No. 17.57 to include the correct leaal description of the affected land. that it be published in the official newspaper and that it be made part of these minutes. Motion carried 4-0. Item #7 CONSIDERATION OF RESOLUTION REGARDING AMENDMENT TO CONDITIONAL USE PERMIT TO ALLOW INSTALLATION OF ADDITIONAL PUMP AND OVERALL RECONFIGURATION OF EXISTING SERVICE STATION/CONVENIENCE STORE AT 6744 PENN AVENUE (CONTINUED FROM FEBRUARY 13, 2007) S.R. NO. 89 Council Member Sandahl presented Staff Report No. 89. John Kosmos, architect, discussed how cars can function on the site. He said the queuing stall issue is adequate but not ideal. Council Member Kilian stated if the architect and owner have guessed wrong on how the queuing works, the business is on the line so he said he trusted what the experts are saying. Mark Olson, applicant, said he would not consider these improvements if it wouldn't work. It is tight but no problems are anticipated. Council Member Wroge said the station is a good neighbor, aesthetics are increased, it's safer and the owner has stated the queuing is adequate but not ideal. Mayor Goettel stated the improvements do dress up Penn Avenuewhich is what the City is trying to do. M/Sandahl, S/Kilian that the followina resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 9916 RESOLUTION AUTHORIZING AN AMENDMENT TO A CONDITIONAL USE PERMIT TO ALLOW THE RECONFIGURATION OF AN EXISTING SERVICE STATION/CONVENIENCE STORE 6744 PENN AVENUE Motion carried 4-0. This resolution appears as Resolution No. 9916. Item #8 CONSIDERATION OF RESOLUTION AUTHORIZING PROCEDURES FOR PRIVATE ACTIVITY REVENUE BOND FINANCING S.R. NO. 90 Council Member Kilian presented Staff Report No. 90. Finance Manager Regis said it is important to review and revise procedures and guidelines for the issuance of private activity revenue bond financing in order to keep them current. There are no changes since July 2004. Council Meeting Minutes -7- March 27, 2007 Finance Manager Regis stated the City is being approached by @ Home Apartments concerning the issuance of this type of financing. The proceeds will be applied to the acquisition and rehabilitation of Gateway Pointe apartments in Richfield. Finance Manager Regis added the proposed guidelines provide that: . The City will receive a non-refundable application fee in the amount of $2,500. . The applicant will be charged an annual administrative fee in the amount of 1/8 of 1% of the outstanding principal balance of the bonds. . The City is to be reimbursed and held harmless for and from any out-of-pocket expenses related to the tax exempt financing. MIKilian, SISandahl that the followina resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 9917 RESOLUTION APPROVING PROCEDURES FOR PRIVATE ACTIVITY REVENUE BOND FINANCING Council Member Wroge asked how a private activity could use the City's name to borrow funds but the City has no responsibility or liability. Finance Manager Regis stated he would request John Utley, Kennedy & Graven attorney, to provide that information to the City Council. City Manager Devich said this financing has been used before by Village Shores, Academy of Holy Angels and Twin City Christian Home. This type of bond does not create a financial liability for the City, has no impact on the City's bond rating and does not affect the City's bank qualified debt limit. Council Member Sandahl asked about upgrading fees to ensure City costs are recovered. Finance Manager Regis stated costs are recovered and comparable to other cities for this type of transaction. Council Member Kilian stated only the guidelines are approved tonight and there is no obligation to approve the financing. Motion carried 4-0. This resolution appears as Resolution No. 9917. Item #9 CONSIDERATION OF ACCEPTING BID MINUTESITABULATION AND AWARDING CONTRACT TO EUREKA CONSTRUCTION FOR RICHFIELD PARKWAY AND 66TH STREET IMPROVEMENT PROJECT IN AMOUNT OF $1,717,457.48 AND PURCHASING ENGINEERING SERVICES FROM WSB & ASSOCIATES TO PROVIDE SERVICES REQUIRED TO COMPLETE PROJECT S.R. NO. 91 Council Member Kilian presented Staff Report No. 91. Council Member Wroge asked for clarification between design and inspection services. Council Meeting Minutes -8- March 27, 2007 Public Works Director Eastling explained the design is finished. The inspection includes before and during construction so all requirements are met. Council Member Kilian said WSB's responsibility is to ensure there are no shortcuts on materials. M/Kilian, S/Sandahl to accept the bid minutes/tabulation and award contract to Eureka Construction in the amount of $1 .717.457.48 for the Richfield Parkway and 66th Street Improvement Proiect and approve the purchase of enaineerina services from WSB & Associates to provide services required to complete the proiect. Motion carried 4-0. Item #10 CONSIDERATION OF CONSENT TO WITHDRAWAL OF KENNEDY AND GRAVEN, CHARTERED AS LEGAL COUNSEL WITH RESPECT TO 66TH STREET AND PORTLAND AVENUE CONDEMNATION MATTER AND AUTHORIZING CITY MANAGER TO RETAIN INTERIM SUBSTITUTE COUNSEL PENDING CITY COUNCIL APPROVAL OF SUBSTITUTE COUNSEL S.R. NO. 92 Council Member Wroge presented Staff Report No. 92. Mayor Goettel asked the City Manager if there were legal counsel candidates. City Manager Devich explained there are two or three potential candidates and the recommendation will be on the April 10 City Council meeting. Council Member Wroge asked if there would bea closed executive session on this matter. City Manager Devich said no, it would be an open meeting. MlWroge, S/Sandahl to consent to the withdrawal of Kennedv & Graven, Chartered as the City's leaal counsel with respect to Hennepin County District Court File No. 07-789 and authorize and direct the City Manaaer to retain interim substitute counsel pendina City Council approval of the substitute counsel. Motion carried 4-0. Item #11 CITY MANAGER'S REPORT City Manager Devich reported on the following: . Legislation authored by Senator Dan Larson and Representative Linda Slocum seeking a sales tax exemption for construction material and equipment for the City's proposed new maintenance facility and City Hall. . Bonding bill authored by Representative Slocum for funding Richfield Parkway. This bill was not kept on for targeted funding in 2007 but could be in the 2008 bonding bill. . New improved audio system in the Council Chambers for the April 24 City Council meeting. . City's new question and feedback form on website for the public's use. Council Meeting Minutes -9- March 27,2007 Council Member Sandahl said she liked the new resident exit survey card to be used during point-of-sale inspections. Council Member Wroge agreed he liked the card and asked how renters were being reached. City Manager Devich explained staff is still checking into the most effective way to reach renters. Council Member Kilian discussed the sales tax on public buildings. Council Member Wroge said he asked the City Managerto check into the sales tax exemption since Richfield is building a new maintenance facility and City Hall. Mayor Goettel said Representative Slocum told her that she received several comments that the presentation at the legislative hearing on funding for Richfield Parkway was well done and to come back next year. litem #12 I CLAIMS AND PAYROLL MlWroge, S/Sandahl that the followinq claims and pavrolls be approved: u. S. BANK AlP Checks: 157756 - 158119 PAYROLL 38312 - 38642; 41248 TOTAL $ 1,135,481.22 $ 474,758.89 $ 1,610,240.11 Motion carried 4-0. I ADJOURNMENT The City Council meeting was adjourned by unani Date Approved: Al>ril 10. 2007 CITY OF RICHFIELD, MINNESOTA Bid Opening March 19, 2007 10:00 a.m. 66th Street and Richfield Parkway Roundabout City Bid No. 07-05 Pursuant to requirements of Resolution NO.1 015, a meeting of the Administrative Staff was called by Deborah Guiher, Deputy City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for 66th Street and Richfield Parkway Roundabout, as advertised in the official newspaper on February 22 and March 1,2007, and the Construction Bulletin on February 26 and March 5, 2007. Present: Deborah Guiher, Deputy City Clerk Cheryl Krumholz, City Manager Representative Tom Fol~y, Transportation Engineer The following bids were submitted and read aloud: Bidder's Name Bid Bond Addendums Total 5% Base Bid Arcon Construction Company, Inc Provided Acknowledged $1,802,885.07 C. S. McCrossan Construction, Inc. Provided Acknowledged $2,240,193.53 Eureka Construction, Inc. Provided Acknowledged $1,717,457.48 Max Steininger, Inc. Provided Acknowledged $1,872,229.84 Pember Companies, Inc. Provided Acknowledged $1,839,787.90 Progressive Contractors, Inc. (PCI) Provided Acknowledged $1,791,675.07 Veit & Company, Inc. Provided Acknowledged $1,920,641.44* "denotes corrected figure The Deputy City Clerk announced that the bids would be tabulated and considered at the March 27 City Council Meeting. fu.o..A Qjh.(~'-A.~ Deborah Guiher Deputy City Clerk