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11-13-07 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting November 13, 2007 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:03 p.m. ROLL CALL Members Present: Debbie Goettel, Mayor; Fred Wroge; Bill Kilan and and Susan Rosenberg. Members Not Present: Sue Sandahl. Staff Present: Steve Devich, City Manager; Bruce Palmborg, Community Development Director; Mike Eastling, Public Works Director; Jim Topitzhofer, Recreation Services Director; Dan Scott, Public Safety Director; John Stark, Assistant Community Development Director/Community Development Manager; Melissa Poehlman, Zoning Administrator; Cheryl Krumholz, Recording Secretary; and Corrine Thomson, City Attorney. M/Wroge, S/Rosenberg to excuse the absence of Council Member Sandahl from the November 13, 2007 Special City Council Worksession and November 13, 2007 Regular City Council Meeting. Motion carried 3-0. OPEN FORUM Michael Varpness, 6712 Clinton Avenue; Jody Grote, 6520 Third Avenue; and Leigh Hagglund, 6700 Clinton Avenue, addressed the City Council with their visions for the HUB Shopping Center on 66th Street and Nicollet Avenue and requested this area be considered for revitalization. Mayor Goettel thanked the group for their positive comments. City Manager Devich discussed the realities of financial capabilities, developer interest and prioritization of projects. He suggested this project be on the 2008 City Council/City staff goal setting agenda. Council Member Wroge asked about the HUB market value and the property owner’s interest in redevelopment. Council Meeting Minutes -2- November 13, 2007 PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Rosenberg, S/Wroge to approve the minutes of the (1) Special City Council Worksession of October 23, 2007; (2) Regular City Council Meeting of October 23, 2007, (3) Special City Council Meeting of October 23, 2007; and (4) Special City Council Worksession of November 1, 2007. Motion carried 4-0. Item #1 ANNUAL MEETING WITH ARTS COMMISSION Ron Wilson, Arts Commission Chair, reported on the commission’s accomplishments and goals. Item #2 ANNUAL MEETING WITH COMMUNITY SERVICES COMMISSION Gordon Vizecky, Community Services Commission Chair, reported on the commission’s accomplishments and goals. Item #3 COUNCIL DISCUSSION ? HATS OFF TO HOMETOWN HITS Council Member Rosenberg acknowledged the positive comments of the three residents regarding on the HUB. Council Member Wroge questioned the rules regarding commission liaison voting. There appears to be inconsistency with regard to the Transportation Commission because the Community Services Commission and Planning Commission liaisons appointed to represent their commissions are voting. Public Works Director Eastling explained that the Planning Commission and Community Services Commission representatives are appointed to Transportation Commission members. They are not liaisons, so they can vote. He reviewed the background of the Transportation Commission originally being established as a committee with various community representatives and then of it being changed to a commission because the issues to be addressed were expanded. Mayor Goettel stated the liaisons to other commissions do not vote. Council Meeting Minutes -3- November 13, 2007 City Manager Devich said that was correct. Council Member Wroge expressed concern that the Planning Commission and Community Services Commission representatives to the Transportation Commission were voting on two different commissions. He asked about the City Council liaison being permitted to vote. City Manager Devich stated the City Council is viewed differently than a community member serving on a commission. The City Council can make changes to commission bylaws if they desire. City Attorney Thomson explained certain commissions are established by ordinance but the Transportation Commission was established by resolution. A liaison attends to obtain information and report back to the group represented. A commission representative is a voting member selected by that group based upon their background. City Attorney Thomson stated all commission votes are advisory and the City Council has the final decision-making authority. Mayor Goettel requested the resolution establishing the Transportation Commission be discussed at a Special City Council Worksession in early 2008. Mayor Goettel discussed a recent Transportation Commission meeting she attended regarding parking permits, including the 76th Street/Aldrich Avenue parking issue. She said the Transportation Commission could have come to resolution on this issue but tabled a decision to May. She requested the this issue be pulled back to the City Council for review to consider an ordinance to establish parking permits. Council Member Rosenberg stated she believed parking permits to be essential because parking is an urban problem needing an urban solution. Council Member Wroge requested this issue be discussed by the City Council at the first meeting in January 2008. Item #4 COUNCIL APPROVAL OF AGENDA Mayor Goettel removed Items 5A, 5G, 5J and 5R from the Consent Calendar, to be considered as Item 6. Mayor Goettel removed Item 5H from the Consent Calendar, to be considered as Item 9B because it is a public hearing. M/Wroge, S/Kilian to approve the agenda as amended. Motion carried 4-0. Item #5 CONSENT CALENDAR A. Removed from the Consent Calendar and placed on the regular agenda for consideration as Item 6. Council Meeting Minutes -4- November 13, 2007 B. Approved first reading of proposed ordinance amendment to Richfield City Code Section 925 establishing fee for repeat calls to property for nuisance conduct and scheduling second reading for November 27, 2007 S.R. No. 278 C. Approved resolution endorsing U.S. Mayors Climate Protection Agreement S.R. No. 279 RESOLUTION NO. 10006 RESOLUTION ENDORSING THE U.S. MAYORS CLIMATE PROTECTION AGREEMENT This resolution appears as Resolution No. 10006. D. Approved resolution accepting $12,291 grant from US Department of Homeland Security, Assistance to Firefighters Grant, to provide fire apparatus operator and defensive driving classes for Fire Department S.R. No. 280 RESOLUTION NO. 10007 RESOLUTION AUTHORIZING ACCEPTANCE OF US DEPARTMENT OF HOMELAND SECURITY, ASSISTANCE TO FIREFIGHTERS GRANT, RECEIVED BY THE CITY OF RICHFIELD AND TO AUTHORIZE THE CITY TO ADMINISTER THE FUNDS IN ACCORDANCE WITH GRANT AGREEMENTS AND TERMS PRESCRIBED BY THE DONORS This resolution appears as Resolution No. 10007. E. Approved resolution amending Flexible Spending Account Benefit Plan document S.R. No. 281 RESOLUTION NO. 10008 RESOLUTION AUTHORIZING AMENDMENT TO THE CITY OF RICHFIELD HEALTH CARE AND DEPENDENT DAY CARE FLEXIBLE SPENDING ACCOUNT PLAN This resolution appears as Resolution No. 10008. F. Approved resolution designating City’s contribution toward health, term life and dental insurance premiums for General Services and Management employees S.R. No. 282 RESOLUTION NO. 10009 RESOLUTION DESIGNATING CITY'S CONTRIBUTION TOWARD HEALTH, TERM LIFE AND DENTAL INSURANCE PREMIUM FOR MANAGEMENT AND GENERAL SERVICES EMPLOYEES This resolution appears as Resolution No. 10009. G. Removed from the Consent Calendar and placed on the regular agenda for consideration as Item 6. H. Removed from the Consent Calendar and placed on the regular agenda for consideration as Item 9B. I. Approved resolution authorizing acceptance of grant funds from State of Minnesota, Commissioner of Public Safety, State Patrol Division, for payment of overtime for officers involved in Operation NightCAP traffic enforcement S.R. No. 285 Council Meeting Minutes -5- November 13, 2007 RESOLUTION NO. 10012 RESOLUTION AUTHORIZING THE CITY OF RICHFIELD/POLICE TO PARTICIPATE JOINTLY WITH THE MINNESOTA STATE PATROL IN AN AGREEMENT WITH AND TO RECEIVE GRANT FUNDS FROM THE STATE OF MINNESOTA, COMMISSIONER OF PUBLIC SAFETY, TO PAY OVERTIME TO OFFICERS INVOLVED IN OPERATION NIGHTCAP This resolution appears as Resolution No. 10012 J. Removed from the Consent Calendar and placed on the regular agenda for consideration as Item 6. K. Approved right-of-way agreement between cities of Bloomington and Richfield to acquire right-of-way needed for replacement of Lyndale Avenue bridge over I-494 S.R. No. 287 L. Approved proposed Surface Water Comprehensive Plan S.R. No. 288 M. Approved maintenance agreement between The Gramercy Club at City Bella d/b/a City Bella on Lyndale and Kirchbak Gardens, Inc. and City Bella Commercial S.R. No. 289 N. Approved scheduling public hearing on December 11, 2007 for renewal of pawnbroker and secondhand goods dealer licenses for 2008 for Metro Pawn and Gun, Inc. and University Cash Company, LLC, d/b/a Avi’s Pawn and Jewelry S.R. No. 290 O. Approved scheduling public hearing on December 11, 2007 for renewal of on-sale wine and on-sale 3.2 percent malt liquor licenses for 2008 for Red Pepper Chinese Restaurant, Thompson’s Fireside Pizza, Aribel’s Restaurant; Chipotle Mexican Grill of Colorado, LLC d/b/a Chipotle Mexican Grill; Naviya’s Thai Restaurant, Patrick’s Bakery & Café and The Noodle Shop-Colorado Inc. d/b/a Noodles and Company S.R. No. 291 P. Approved scheduling public hearing for December 11, 2007 for renewal of on-sale intoxicating and Sunday liquor licenses for 2008 for Khan’s Mongolian Barbeque; Minneapolis-Richfield American Legion Post 435; Fred Babcock VFW Post No. 5555 d/b/a Four Nickels Food and Drink; Don Pablo’s Operating Corporation d/b/a Don Pablo’s; Wiltshire Restaurants, LLC d/b/a Houlihan’s Restaurant & Bar; The Frenchmans; Taco Morelos; and Jun Bo Chinese Restaurant S.R. No. 292 Q. Approved renewing Chief’s Towing, Inc., 8610 Harriet Avenue, contract for Public Safety towing services, with 3.3% price increase in all service categories, for December 1, 2007 through November 30, 2008 S.R. No. 293 R. Removed from the Consent Calendar and placed on the regular agenda for consideration as Item 6. S. Approved awarding contract for demolition of buildings and abatement of hazardous substances and materials of property located at 6545 Portland Avenue, based on bid tabulation, to Griffin Petroleum in amount of $31,880, including identifying awarding contract to alternate bidder #1 to Bolander & Sons in amount of $34,491.50, should Griffin Petroleum not be able to perform S.R. No. 295 M/Wroge, S/Rosenberg to approve the Consent Calendar as amended. Motion carried 4-0. Council Meeting Minutes -6- November 13, 2007 Item #6 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT CALENDAR 5A. Consideration of approval of first reading of proposed new ordinance Section 549 related to signage regulations in residential, commercial, industrial and mixed-use districts and amendment to Section 400 related to sign installer licensing and scheduling public hearing and second reading for December 11, 2007 S.R. No. 277 Mayor Goettel stated that 20 minutes is a long time for a dynamic display sign to change a message. She also discussed small signs, stick signs and a State Statute that allows fining for violations. Zoning Administrator Melissa Poehlman explained the proposed ordinance includes a 5 minute display change. This ordinance does not propose any enforcement changes and continues with the Public Safety complaint-based policy. Warnings for violations are issued first, then fines. As soon as staff learns of signs violating the ordinance, they are removed. Council Member Wroge discussed his frustration with the time frame of removing signs and the need for stricter fines. Council Member Wroge expressed his concerns with the proposed sign ordinance, including visual impacts, difficulty in determining the amount of time for dynamic sign display message changes, needing to control and limit the number of signs within in a certain distance, distraction of a monument sign with a yard sign next to it, and that there is nothing to preclude an employee of a company putting up a yard sign advertising that business. He said if changes are to be made to the ordinance, they should be done right and all at the same time. City Manager Devich explained the difficulty in contacting the numbers printed on some signs. Public Safety Director Scott explained the policy to have Community Service Officers pick up signs along with the need to prioritize calls for service. Council Member Wroge stated that signs should be removed in the same 24 hour timeframe as the graffiti removal policy. Ms. Poehlman stated the distance between signs was consciously omitted, and instead, time limits for changing displays was included. Signs cannot be regulated based upon content because of First Amendment rights. The prohibition of temporary sings is proposed to continue. Council Member Wroge said the number of signs in a certain area needs to be debated. He favored limiting the number of signs rather than setting time limits to change displays. City Attorney Thomson said some of the concerns presented tonight are policy issues related to the ordinance, some are enforcement issues. She reviewed the possible ordinance changes that could take place between first and second reading. The City Council could set distance limits on display signs due to traffic safety and visual aesthetics but it needed some study. Staff could return with alternatives at second reading of the ordinance. City Attorney Thomson stated if the City Council delays the proposed ordinance, the moratorium in place will expire and any applications received after that and before the new ordinance is effective, will be governed by the current sign ordinance. Council Meeting Minutes -7- November 13, 2007 City Attorney Thomson continued that the City Council may be able to limit commercial versus non-commercial speech on signs in residential areas. The display sign timing could also be revised. Mayor Goettel said that if a business has already purchased a display sign, they should be able to advertise but that she had some concerns with several signs in a small area. Council Member Kilian asked about yard signs being permitted for a certain number of days. City Attorney Thomson said that would be difficult to monitor and enforce. Council Member Kilian asked about the impact of the proposed ordinance on time and temperature signs. Zoning Administrator Poehlman explained those signs remain at 5 minute changing intervals but may update not more that once every three seconds. Council Member Wroge requested the Chamber of Commerce comment on the proposed sign ordinance. Steve Lindgren, Chamber of Commerce President, said the Chamber membership was not surveyed for their level of concern for the distance and timing of dynamic display signs. The initial reaction is to remain competitive with other communities, especially Bloomington. He said he could not give a specific preferred time for changing display signs but text and graphic options should be considered. Mr. Lindgren added that the Chamber did ask the Planning Commission to review the sign ordinance again in one year. Mayor Goettel agreed with the suggestion of reviewing the ordinance again in one year. Council Member Rosenberg stated some faith-based organizations are waiting on signage based upon the moratorium. City Attorney Thomson suggested the City Council may want to take a more conservative approach because of new technology changes. Ken Severson, 7316 Lyndale Avenue, discussed the dynamic display sign variance granted one year ago to Woodlake Lutheran Church, 7525 Oliver Avenue, which would be made worthless with the proposed sign ordinance because of limiting the display time, minimal font size and the requirement of a complete statement. Council Member Wroge responded that he was not aware when the church sign was approved that it would blink causing potential traffic safety issues. Zoning Administrator Poehlman stated dynamic display signs would be grandfathered in except for the operation characteristic would change. M/Wroge, S/Goettel to approve first reading of the proposed new ordinance Section 549 related to signage regulations in residential, commercial, industrial and mixed-use districts and amendment to Section 400 related to sign installer licensing and schedule the public hearing and second reading for December 11, 2007. Motion carried 4-0. 5G. Consideration of approval of resolution granting appeal from decision of Hearing Examiner, reversing Hearing Examiner’s decision, and granting variance for reduced side yard setback at 7238 Blaisdell Avenue S.R. No. 283 Council Meeting Minutes -8- November 13, 2007 M/Rosenberg, S/Wroge that the following resolution be adopted and be made part of these minutes: RESOLUTION NO. 10010 RESOLUTION GRANTING THE APPEAL FROM THE DECISION OF THE HEARING EXAMINER, REVERSING THE HEARING EXAMINER’S DECISION, AND GRANTING A VARIANCE FOR A REDUCED SIDE YARD SETBACK AT 7238 BLAISDELL AVENUE Council Member Kilian questioned how the garage could already be built since the Findings of Fact has not yet been approved. He said he did not agree with the other City Council Members in making a finding that declares less than a 24’ wide garage would be a hardship. This garage could have been extended to the front of the house without a variance. Council Member Kilian asked about the granting of this variance creating a default standard of a 3’ setback because a 24’x24’ garage cannot be built. City Attorney Thomson explained she advised City staff to proceed with the building of the garage prior to the approval of the Findings of Fact because she understood at the last City Council meeting, the City Council made a decision and voted to approve the findings at the next City Council meeting. Findings of Fact are a memorialization of that action. This does not apply to every variance request if Findings of Fact need to be considered. City Attorney Thomson said every property owner is required to establish hardship for a variance. The variance for a 24’x24’ garage at 7238 Blaisdell Avenue was determined by the City Council to be a reasonable use of the property. Motion carried 3-1. (Kilian opposed.) This resolution appears as Resolution No. 10010. 5J. Consideration of approval of resolution accepting Agency Agreement No. 91829 between Minnesota Department of Transportation and City of Richfield to purchase right-of- way for Lyndale Avenue bridge over I-494 project S.R. No. 286 Council Member Wroge asked about the properties to be affected by the project and the funding. Public Works Director Eastling explained the properties and parcels to be impacted, including that no Richfield businesses are lost. The Bloomington funding is part of the agency agreement. City Attorney Thomson discussed the access closures for some Richfield businesses. Public Works Director Eastling said negotiations are underway for the Hampton Inn access into their site. M/Wroge, S/Rosenberg that the following resolution be adopted and be made part of these minutes: RESOLUTION NO. 10013 RESOLUTION AUTHORIZING ACCEPTANCE OF STATE OF MINNESOTA AGENCY AGREEMENT NO. 91829 BETWEEN THE DEPARTMENT OF TRANSPORTATION AND THE CITY OF RICHFIELD FOR FEDERAL PARTICIPATION IN RIGHT OF WAY FOR REPLACEMENT OF LYNDALE AVENUE BRIDGE OVER I-494 Council Meeting Minutes -9- November 13, 2007 Motion carried 4-0. This resolution appears as Resolution No. 10013. 5R. Consideration of approval of awarding contract for demolition of properties located at 6613, 6617, 6621 and 6625 Portland Avenue, based on bid tabulation, to Shade Tree Construction in amount of $31,050, including identifying awarding contract to alternate bidding #1 to Wickenhauser Excavating, Inc. in amount of $$43,200, should Shade Tree Construction not be able to perform S.R. No. 294 City Attorney Thomson explained that because of procedural irregularities in the bid submitted by the two lowest bidders, she was recommending the City Council reject all the bids and direct staff to proceed with obtaining quotes in accordance with the law. The estimated cost of the work does not require a competitive bid. M/Kilian, S/Wroge to reject all the bids and direct staff to proceed with obtaining quotes in accordance with the law for the demolition of properties located at 6613, 6617, 6621 and 6625 Portland Avenue. Motion carried 4-0. Item #7 PUBLIC HEARING REGARDING ISSUANCE OF NEW ON-SALE INTOXICATING AND SUNDAY LIQUOR LICENSES WITH OPTION 2 A.M. CLOSING, FOR REMAINDER OF 1007 AND CONTINUING THROUGH 2008, FOR CHAMPPS OPERATING CORPORATION D/B/A CHAMPPS RESTAURANT, 790 WEST 66TH STREET S.R. NO. 296 Council Member Wroge presented Staff Report No. 296. Taryn Ellis, Champps representative, stated ownership was transferred so a new license was necessary. She said the early morning garbage hauler issue was being addressed and delivery times are between 7 a.m. and 10 p.m. M/Kilian, S/Wroge to close the public hearing. Motion carried 4-0. M/Wroge, S/Rosenberg to approve the issuance of new on-sale intoxicating and Sunday liquor licenses with the optional 2 a.m. closing for the remainder of 2007 and continuing through 2008, for Champps Operating Corporation d/b/a Champps Restaurant, 790 West 66th Street. Motion carried 4-0. Item #8 PUBLIC HEARING REGARDING RESOLUTION ADOPTING MODIFICATIONS OF CITY BELLA, INTERSTATE-LYNDALE-NICOLLET, INTERCHANGE, GRAMERCY, URBAN VILLAGE, INTERCHANGE WEST/LYNDALE GATEWAY, RICHFIELD REDISCOVERED, RICHFIELD REDISCOVERED II AND LYNDALE GATEWAY WEST TAX INCREMENT FINANCING DISTRICTS S.R. NO 297 Council Member Kilian presented Staff Report No. 297. Rebecca Kurtz, Ehlers and Associates explained the notification requirement to Hennepin County and School District. Council Meeting Minutes -10- November 13, 2007 M/Kilian, S/Rosenberg to close the public hearing. Motion carried 4-0. M/Kilian, S/Goettel. that the following resolution be adopted and be made part of these minutes: RESOLUTION NO. 10014 RESOLUTION ADOPTING A MODIFICATION TO THE REDEVELOPMENT PLAN FOR THE RICHFIELD REDEVELOPMENT PROJECT AREA AND THE MODIFICATIONS OF THE CITY BELLA, INTERSTATE-LYNDALE-NICOLLET, INTERCHANGE, GRAMERCY, URBAN VILLAGE, INTERCHANGE WEST/LYNDALE GATEWAY, RICHFIELD REDISCOVERED, RICHFIELD REDISCOVERED II, AND LYNDALE GATEWAY WEST TAX INCREMENT FINANCING DISTRICTS. (REDEVELOPMENT DISTRICTS) Motion carried 4-0. This resolution appears as Resolution No. 10014. Item #9 PUBLIC HEARING AND SECOND READING OF AN ORDINANCE ADOPTING NEW SECTIONS 507, 509, 512, 518, 522, 525, 527, 529, 532, 534, 537, 539, 542, 544 AND 547 OF RICHFIELD CITY CODE RELATED TO DEVELOPMENT AND PERFORMANCE STANDARDS IN RESIDENTIAL, COMMERCIAL, INDUSTRIAL AND MIXED-USE DISTRICTS; REPEALING SECTIONS 506, 511, 516, 521, 524, 526, 530, 531, 536, 538, 541 AND 546; AMENDING SUBSECTION 1305.27 RELATED TO PARKING IN RESIDENTIAL DISTRICTS AND A RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ABOVE MENTIONED ORDINANCES S.R. NO. 298 Council Member Rosenberg presented Staff Report No. 298. Ernie Lindstrom, 7407 Fremont Avenue, requested the City Council consider amending the ordinance to address the parking and storage of recreational vehicles, including motor homes and boats, in residential front or side yards. He said the current ordinance is archaic, impacts the aesthetics of neighborhoods and is not enforced. Mayor Goettel agreed with the storage issues. Council Member Wroge said more residents need to come forward to address these issues. The ordinance allows four vehicles to be parked in the driveway but this moves the excess to the street. He disagreed with the enforcement being complaint-based because it is putting neighbor against neighbor. If the law is not used, it should be eliminated. The laws for Richfield should be the same as in surrounding communities. Council Member Wroge said the current policy prohibits parking in turnaround areas. Zoning Administrator Poehlman explained the City Council previously discussed the turnarounds and the ordinance is confirming those comments. Council Member Wroge asked about the turnaround areas being grandfathered in if they were established before parking became an issue. Council Meeting Minutes -11- November 13, 2007 Zoning Administrator Poehlman stated the turnaround area was created and defined in the ordinance by language the City Council requested. City Attorney Thomson explained removal of the turnaround area is not required if it lawfully existed prior to the ordinance but the use for parking is restricted. Zoning Administrator Poehlman said the homes with turnarounds generally are unable to park on the street, i.e. Lyndale, Portland and Nicollet Avenues. Council Member Rosenberg agreed with the residential recreational vehicle storage issues. Council Member Wroge stated a community survey recently conducted indicates the residents have the lowest satisfaction with property maintenance enforcement. Council Member Rosenberg clarified that although that was the lowest service in relationship to the other services, it was still a very high acceptance. M/Kilian, S/Rosenberg to close the public hearing. Motion carried 4-0. M/Rosenberg, S/Kilian that this constitutes the second reading of Bill No. 2007-19 adopting new Sections 507, 509, 512, 518, 522, 527, 529, 532, 534, 537, 539, 542, 544 and 547 of the Richfield City Code related to development and performance standards in residential, commercial, industrial and mixed-use districts, repealing Sections 506, 511, 516, 521, 524, 526, 530, 531, 536, 538, 541 and 546, and amending Subsection 1305.27 related to parking in residential districts. Motion carried 4-0. M/Rosenberg, S/Kilian that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10015 RESOLUTION ADOPTING OF NEW SECTIONS 507, 509, 512, 514, 518, 522, 525, 527, 529, 532, 534, 537, 539, 542, 544, AND 547; REPEALING OF SECTIONS 506, 511, 516, 521, 524, 526, 530, 531, 536, 538, 541, AND 546; AND AMENDING SUBSECTION 1305.27 OF THE CITY CODE RELATED TO PARKING IN RESIDENTIAL DISTRICTS Motion carried 4-0. This resolution appears as Resolution No. 10015. Item #9B CONSIDERATION OF A RESOLUTION AUTHORIZING CONDITIONAL USE (5H) PERMIT TO ALLOW CLASS II RESTAURANT AT 811 66TH STREET EAST S.R. NO. 284 Mayor Goettel presented Staff Report No. 284. Felix Ampah, applicant, discussed the proposed food and refreshments to be served at the art gallery. M/Goettel, S/Wroge to close the public hearing. Council Meeting Minutes -12- November 13, 2007 Motion carried 4-0. M/Wroge, S/Kilian that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10011 RESOLUTION AUTHORIZING A CONDITIONAL USE PERMIT TO ALLOW A CLASS II RESTAURANT AT 811 66TH STREET EAST Motion carried 4-0. This resolution appears as Resolution No. 10011. Item #10 CONSIDERATION OF SECOND READING OF AN AMENDMENT TO CHAPTER IX OF RICHFIELD CITY CODE, ADDING NEW SECTION 935, REGARDING SALE OF SPRAY PAINT AND SIMILAR ITEMS AND A RESOLUTION AUTHORIZING A SUMMARY PUBLICATION OF THE ORDINANCE S.R. NO. 299 Mayor Goettel presented Staff Report No. 299. Council Member Kilian stated he supported most of the proposed ordinance but had concerns regarding the success of enforcement. M/Goettel, S/Rosenberg, that this constitutes the second reading of Bill No. 2007-20 adopting an amendment to Chapter IX of the Richfield City Code, adding a new Section 935 regarding the sale of spray paint and similar items. Motion carried 3-1. (Kilian opposed.) M/Goettel, S/Rosenberg that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10016 RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDMENT TO CHAPTER IX ADDING NEW SECTION 935 WHICH PERTAINS TO THE SALE OF SPRAY PAINT AND SIMILAR ITEMS Motion carried 3-1. (Kilian opposed.) This resolution appears as Resolution No.10016. Item #11 CONSIDERATION OF CITY COUNCIL CONFIRMATION OF MAYOR’S APPOINTMENT OF HRA COMMISSIONER FOR FIVE YEAR TERM EXPIRING OCTOBER 2012 S.R. NO. 300 Mayor Goettel recommended Doris Rubenstein for appointment to the HRA. M/Rosenberg, S/Wroge to confirm the Mayor’s appointment of Doris Rubenstein as HRA Commissioner for a five year term expiring October 2012. Motion carried 4-0. Council Meeting Minutes -13- November 13, 2007 Council Member Kilian expressed appreciation for the efforts of former HRA Commissioner Donna Drummond. Item #12 CITY MANAGER'S REPORT City Manager Devich suggested the 2008 City Council/City staff goalsetting session be conducted internally and a consultant not be hired as a facilitator because the focus would be on the City's goals and key financial strategies. The City Council consensus was to conduct the goalsetting at the School District Board Room. Council Member Wrage requested the City projects be prioritized and defined prior to the goalsetting session. Mayor Goettel requested a written plan by each department on how to achieve those goals. 'litem #13 I CLAIMS AND PAYROLL MlWroge, S/Rosenberg that the followino claims and pavrolls be approved: u. S. BANK AlP Checks: 163465 - 163956 PAYROLL 44061 - 44400; 41310 - 41311 TOTAL $ 2,186,787.58 $ 471,856.32 $ 2,658,643.90 Motion carried 4-0. The City Council meeting was adjourned by unanimous consent at 10:14 p.m. Date Approved: December 11, 2007 ~hli~~ Cheryl Kru holz Recording Secretary CITY OF RICHFIELD, MINNESOTA Bid Opening: November 5,2007, 11 :00 a.m. 2007 Demolition of Four Single Family Homes (6613,6617,6621,6625 Portland Avenue South) Bid No. 07-45 . 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 2007 Demolition of 4 single family homes (6613,6617,6621,6625 Portland Ave So, as advertised in the official newspaper on October 18, 2007 and the Construction Bulletin on October 15, 2007. Present: Nancy Gibbs, City Clerk Cheryl Krumholz, City Manager Representative Kristin Ascher, Asst. City Engineer Tom Samountry, Engineering Tech. The following bids were submitted and read aloud: Bidder's Name Bid Security Lump Sum Bid Price Belair Excavation , Not Required $78,640.00 . Bolander & Sons Not Required $56,502.00 Buberl Recvclina & Comoostina Not Required $57,420.00 Construction Servo Inc. Not Required $66,349.00 Frattalone Comoanies Not Required $90,005.00 Griffin Petroleum Not Required $46,546.00 Kamish ExcavatinQ, Inc. Not Required $63,850.00 Landwehr Construction Not Required $61,600.00 Ramsey Excavating Co., Inc Not Required $82,900.00 Stevens Drillina Environmental Not Required $104,380.00 Wickenhauser Excavatina, Inc. Not Required $43,200.00 Wruck ExcavatinQ, Inc. Not Required $66,200.00 Jansen Builders Not Required $92,000.00 Kevitt Excavating, LLC Not Required $75,544.00 Roger Peterson construction Not Required $68,800.00 Shade Tree Construction Not Required $31,050.00 The City Clerk announced that the bids would be tabulated and considered at the November 13, 2007 City Council Meeting. "-1\xx/ ..~ Nancy Gi~ City Clerk CITY OF RICHFIELD, MINNESOTA Bid Opening November 5, 2007 11 :00 a.m. 2007 Demolition of Former Service Station (6545 Portland Avenue South) Bid No. 07-46 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 2007 Demolition of Former Service Station (6545 Portland Avenue South), as advertised in the official newspaper on October 18, 2007 and the Construction Bulletin on October 15,2007. Nancy Gibbs, City Clerk Cheryl Krumholz, City Manager Representative Kristin Ascher, Asst. City Engineer Tom Samountry, Engineering Tech. The following bids were submitted and read aloud: Present: Bidder's Name Bid Security Lump Sum Bid Price Belair Excavation Not Required $53,145.00 Bolander & Sons Not Required $34,491.50 Buberl Recycling & Composting Not Required $53,855.00 Construction Servo Inc. Not Reauired $54,926.00 Frattalone Companies Not Reauired $74,114.00 Griffin Petroleum Not Required $31,880.00 Kamish ExcavatinQ, Inc. Not Required $42,550.00 Landwehr Construction Not Required $41,200.00 Ramsey Excavating Co., Inc Not Required $56,050.00 Stevens Drilling Environmental Not Required $50,850.00 Wickenhauser ExcavatinQ, Inc. Not Required $35,940.00 The City Clerk announced that the bids would be tabulated and considered at the November 13, 2007 City Council Meeting. Y~fiV(r )Ju(tfn Nancy Gibbs City Clerk