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05-14-13 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota ge,64#eed Re ular Meetin 9 Meeting May 14, 2013 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:00 p.m. ROLL CALL Members Present: Debbie Goettel, Mayor; Sue Sandahl; Tom Fitzhenry; Edwina Garcia; and Pat Elliott. Staff Present: Steven L. Devich, City Manager; John Stark, Community Development Director; Mike Eastling, Public Works Director; Todd Sandell, Public Safety Director; Jim Topitzhofer, Recreation Services Director; Bill Fillmore, Liquor Operations Director; Pam Dmytrenko, Assistant City Manager/HR Manager; Kristin Asher, Assistant Public Works Director/City Engineer; Mary Tietjen, City Attorney; and Cheryl Krumholz, Executive Coordinator. OPEN FORUM Claire Plank Gahler, 7445 Fourth Avenue, spoke about Crosstown Creativity, a new arts group in Richfield. PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Fitzhenry, S/Garcia to approve the minutes of(1) Special City Council Meeting of April 23, 2013; (2) Special City Council Worksession of April 23, 2013; (3) Regular City Council Meeting of April 23, 2013; and (4) Special City Council/HRA/Housinq Visioning Task Force Meeting of May 7, 2013. Motion carried 5-0. Item #1 PRESENTATION BY HENNEPIN COUNTY COMMISSIONER DISTRICT#5 RANDY JOHNSON Council Meeting Minutes -2- May 14,2013 Commissioner Johnson discussed Hennepin County's 2013 state legislative platform priorities. Item #2 PRESENTATION OF CERTIFICATES OF APPRECIATION TO MISS RICHFIELD AMBASSADOR CANDIDATES AND CURRENT JUNIOR AMBASSADORS (COUNCIL MEMO NO. 36) Mayor Goettel presented the certificates of appreciation. Item #3 PRESENTATION BY RICHFIELD CHAMBER OF COMMERCE REGARDING SMALL BUSINESS HALL OF FAME INDUCTEES: LINDEN HILLS FLORAL AND VINOCOPIA WINE AND SPIRITS Council Member Elliott introduced Hall of Fame inductees Anne Schultz, owner of Linden Hills Floral, and Marion Dauner, General Sales Manager of Vinocopia. Item #4 PRESENTATION REGARDING NATIONAL PARKS WORK WEEK A Public Works video was presented. Item #5 COUNCIL DISCUSSION • FOURTH OF JULY PARADE PARTICIPATION • HATS OFF TO HOMETOWN HITS The City Council consensus was to participate in the July 4 parade. Mayor Goettel announced the Richfield Garden Club Plant Sale on May 18, 2013. Council Member Sandahl announced the Unity in Community event on May 16, 2013. Council Member Elliott requested clarification on the waste container ordinance related to options for 50 foot lots. Council Member Elliott announced the Penn Open Streets event on September 15, 2013. Item #6 COUNCIL APPROVAL OF AGENDA M/Garcia, S/Fitzhenry to approve the agenda. Motion carried 5-0. Item #7 CONSENT CALENDAR A. Consideration of approval of the first reading of an ordinance relating to the private use of boulevards and unopened rights-of-way amending Section 811 of the Richfield City Code and scheduling the second reading for May 28, 2013 S.R. No. 78 Council Meeting Minutes -3- May 14,2013 B. Consideration of approval of a resolution authorizing the City Council to affirm the monetary limits on municipal tort liability established by Minnesota Statutes 466.04 S.R. No. 79 RESOLUTION NO. 10785 RESOLUTION AFFIRMING MUNICIPAL TORT LIABILITY LIMITS ESTABLISHED BY MINNESOTA STATUTES 466.04 This resolution appears as Resolution No. 10785. C. Consideration of approval of a resolution modifying the Health Care Savings Plan for eligible LELS Local #123 (Police Patrol/Detective) employees S.R. No. 80 RESOLUTION NO. 10786 RESOLUTION AUTHORIZING THE ESTABLISHMENT OF A POST EMPLOYMENT HEALTH CARE SAVINGS PLAN FOR LELS LOCAL#123 EMPLOYEES This resolution appears as Resolution No. 10786. D. Consideration of approval of a resolution authorizing the Public Safety Department/Police Division to accept a $100 donation from Alerus Mortgage, given in the name of a City resident S.R. No. 81 RESOLUTION NO. 10787 RESOLUTION AUTHORIZING RESOLUTION AUTHORIZING RICHFIELD PUBLIC SAFETY/POLICE TO ACCEPT A DONATION OF $100 FROM ALERUS MORTGAGE IN THE NAME OF RICHFIELD RESIDENT KAYE ROSVOLD This resolution appears as Resolution No. 10787. E. Consideration of approval of a resolution accepting a donation of$50 to the Police Safety Vest Fund from City Nails S.R. No. 82 RESOLUTION NO. 10788 RESOLUTION AUTHORIZING RICHFIELD PUBLIC SAFETY/POLICE TO ACCEPT A DONATION OF $50 FROM CITY NAILS This resolution appears as Resolution No. 10788. F. Consideration of approval of the renewal of the 2013/2014 auction service contract between the City of Richfield and Adesa Minneapolis for auctioning forfeited vehicles from Public Safety/Police S.R. No. 83 G. Consideration of approval of a resolution accepting a $5,782.65 grant received by the Richfield Farmers Market and authorizing the Recreation Services staff to administer the funds in accordance with grant agreements and terms prescribed by donors to operate the Supplemental Nutrition Assistance Program S.R. No. 84 RESOLUTION NO. 10789 RESOLUTION AUTHORIZING ACCEPTANCE OF GRANTS RECEIVED BY THE CITY OF RICHFIELD-RECREATION SERVICES DEPARTMENT AND TO AUTHORIZE THE CITY TO ADMINISTER THE FUNDS IN ACCORDANCE WITH GRANT AGREEMENTS AND TERMS PRESCRIBED BY DONORS This resolution appears as Resolution No. 10789. Council Meeting Minutes -4- May 14,2013 H. Consideration of approval of a resolution authorizing the Source Water Protection Plan Implementation Grant agreement between the City of Richfield and the Minnesota Department of Health S.R. No. 85 RESOLUTION NO. 10790 RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ENTER INTO A SOURCE WATER PROTECTION PLAN IMPLEMENTATION GRANT AGREEMENT WITH THE MINNESOTA DEPARTMENT OF HEALTH FOR $10,000 TO BE USED IN THE CONTINUED DEVELOPMENT, PUBLIC EDUCATION, AND ENFORCEMENT OF THE CITY OF RICHFIELD WELLHEAD PROTECTION PLAN — PART 2 This resolution appears as Resolution No. 10790. I. Consideration of approval of a resolution authorizing agreement for the purchase of 6245 Bloomington Avenue and 6300-16th Avenue for the Taft Park— Richfield Parkway Connection Project S.R. No. 86 RESOLUTION NO. 10791 RESOLUTION APPROVING AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTIES FOR THE TAFT LAKE - RICHFIELD PARKWAY CONNECTION PROJECT This resolution appears as Resolution No. 10791. J. Consideration of approval of the purchase of a truck chassis from Astleford International Trucks for$92,020 and box/boom from Aspen Equipment for use by the Forestry Division for $79,964 totaling $171,984 plus taxes and licensing S.R. No. 87 K. Consideration of approval of the bid minutes/tabulation and award of a contract for 2013 sidewalk, curb and gutter concrete repair to Ron Kassa Construction, Inc. in the sum of $86,095 and authorizing the Public Works Director to approve additional contract work provided it does not exceed $50,000 S.R. No. 88 L. Consideration of approval of the bid minutes/tabulation and award of a contract for the 2013 sealcoating work to Pearson Brothers, Inc. in the sum of$447,035.95 S.R. No. 89 Council Member Elliott requested an update on the Richfield Parkway purchase agreements. Public Works Director Eastling explained the status of the agreements and the process related to the project's timeline. M/Goettel, S/Sandahl to approve the Consent Calendar. Motion carried 5-0. Item #8 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT CALENDAR None. Item #9 PUBLIC HEARING REGARDING RESOLUTION GRANTING APPROVAL OF A CONDITIONAL USE PERMIT AND VARIANCES FOR A RESTAURANT WITH DRIVE THRU SERVICE AT 140-78TH STREET EAST, TACO BELL S.R. NO. 90 Council Member Garcia presented Staff Report No. 90. Council Meeting Minutes -5- May 14,2013 Barbara Schneider, Border Foods, requested the City Council approve the Taco Bell project. Todd Edwards, Menards real estate representative, stated Menards typically does not get involved with other properties and they do not oppose Taco Bell being there, but Menards does have concerns regarding the aesthetics of the building. Community Development Director Stark explained the site plan and design are the best possible obtained with considerable negotiations. Doug Olson, 6608 Clinton Avenue, spoke in support of the Taco Bell project because it is a beneficial use of the property. M/Elliott, S/Garcia to close the public hearing. Motion carried 5-0. Council Member Elliott welcomed Taco Bell's return to Richfield. He did express concerns related to the interpretation of the ordinances to make the project fit. He also discussed parking. Community Development Director Stark explained there are conflicting ordinance statements that need to be addressed in the future. He also discussed the parking criteria for mixed use and single use developments. Council Member Fitzhenry stated the drive thru service should be monitored to avoid potential traffic congestion. M/Garcia, S/ Goettel that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10792 RESOLUTION GRANTING APPROVAL OF A CONDITIONAL USE PERMIT AND VARIANCES AT 140 78TH STREET EAST Motion carried 5-0. This resolution appears as Resolution No. 10792. Item #10 CONSIDERATION OF AN AMENDMENT TO THE CONSENT DECREE IN STATE OF MINNESOTA BY CITY OF MINNEAPOLIS, ET AL. V. METROPOLITAN AIRPORTS COMMISSION ET AL., HENNEPIN COUNTY CASE NO. 27-CV-05- 5474 S.R NO. 91 Council Member Fitzhenry presented Staff Report No. 91 M/Fitzhenry, S/Sandahl to approve an amendment to the Consent Decree in State of Minnesota by City of Minneapolis, et al., v. Metropolitan Airports Commission et al., Hennepin County Case No. 27-CV-05-5474. Motion carried 5-0. Item #11 CONSIDERATION OF AN APPOINTMENT TO A CITY ADVISORY COMMISSION S.R. NO. 92 Council Member Sandahl presented Staff Report No. 92. M/Sandahl, S/Goettel to make the following appointment: Council Meeting Minutes -6- May 14,2013 ADVISORY BOARD OF HEALTH Name Term Expires Tiffany Egan January 31, 2015 Motion carried 5-0. Item #12 CITY MANAGER'S REPORT City Manager Devich explained the revised format of the Staff Reports related to the City Council's presentation of the Executive Summary. Mary Tietjen, Kennedy & Graven, City Attorney, was introduced. Item #13 CLAIMS AND PAYROLLS M/Garcia, S/Fitzhenry that the following claims and payrolls be approved: U.S. Bank 05/14/13 A/P Checks: 221537-221933 $ 1,505,838.29 Payroll: 92048—92654; 42159 $ 1,125,900.37 TOTAL $ 2,631,738.66 Motion carried 5-0. OPEN FORUM None. ADJOURNMENT The City Council meeting was adjourned by unanimous consent at 8:27 p.m. Date Approved: May 28, 2013 1 '='�! oettel ek Cheryl K umho I to en L. Devich Executive Coordinator City Manager CITY OF RICHFIELD, MINNESOTA Bid Opening April 25, 2013 10:00 a.m. 2013 Sealcoat Bid No. 13-02 Pursuant to requirements of Resolution No. 1015, 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 2013 Sealcoat, as advertised in the official newspaper on April 4, 2013. Present: Nancy Gibbs, City Clerk Derick Anderson, Civil Engineer Cheryl Krumholz, City Manager Representative The following bids were submitted and read aloud: Bidder's Name Bond Total Base Bid Pearson Brothers, Inc. Provided $ 447,035.95 Hanover, MN **Allied Blacktop, Inc. Provided $ 446,603.12 Maple Grove, MN Asphalt Surface Technologies Corp. Provided $ 518,941.67 St. Cloud, MN ** Bid was rejected due to irregularities in the proposal form The City Clerk announced that the bids would be tabulated and considered at the May 14, 2013 City Council Meeting. Nancy Gibes' City Clerk S'I CITY OF RICHFIELD, MINNESOTA Bid Opening April 25, 2013 10:15 a.m. 2013 Concrete Sidewalk, Curb and Gutter Repair Bid No. 13-03 Pursuant to requirements of Resolution No. 1015, 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 2013 Concrete Sidewalk, Curb and Gutter Repair, as advertised in the official newspaper on April 4, 2013. Present: Nancy Gibbs, City Clerk Derick Anderson, Civil Engineer Cheryl Krumholz, City Manager Representative The following bids were submitted and read aloud: Bidder's Name Bond Total Base Bid Standard Sidewalk, Inc. Provided $ 110,457.50 Blaine, MN Ron Kassa Construction Inc. Provided $ 86,095.00 Elko, MN Urban Companies Provided $ 153,950.00 St. Paul, MN The City Clerk announced that the bids would be tabulated and considered at the May 14, 2013 City Council Meeting. \--tet■-tA_A-4:7- ''&',' k Nancy Gibb City Clerk t