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01-08-08 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting January 8, 2008 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:02 p.m. ROLL CALL Members Present:Debbie Goettel, Mayor; Sue Sandahl; Susan Rosenberg; Fred Wroge; and Bill Kilian. Staff Present:Steven L. Devich, City Manager; Mike Eastling, Public Works Director; Jim Topitzhofer, Recreation Services Director; Dan Scott, Public Safety Director; Chris Regis, Finance Manager; Tom Foley, Transportation Engineer; Cheryl Krumholz, Recording Secretary; and Corrine Heine, City Attorney. OPEN FORUM None. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Sandahl, S/Rosenberg to approve the minutes of (1) Special City Council Worksession of December 11, 2007 and (2) Regular City Council Meeting of December 11, 2007. Motion carried 5-0. Council Meeting Minutes-2-January 8, 2008 Item #1PRESENTATION OF CERTIFICATE OF RECOGNITION TO RICHFIELD U14 GIRLS SOCCER TEAM FOR OUTSTANDING AMBASSADORS OF TEAMS HONORING SPORTSMANSHIP AWARD Mayor Goettel presented the certificate of appreciation and recognized the team members. Item #2PRESENTATION FROM CELEBRATIONS COMMISSION REGARDING CENTENNIAL CELEBRATION Co-Chairpersons, Mary Olafson and Marty Kirsch, and other Celebrations Commission members provided an update on upcoming celebration events. Item #3COUNCIL DISCUSSION ? HATS OFF TO HOMETOWN HITS Council Member Sandahl asked about the City having the ability to prohibit drivers being on a cell phone in Richfield; similar to the State’s smoking ban. City Attorney Heine stated that as a traffic issue, it’s a State law. Enforcement would be difficult on a local level because drivers may not be familiar with the local laws. The City Council requested the City Attorney research this matter, but with minimal time spent. Council Member Rosenberg acknowledged the efforts of the Celebrations Commission. Mayor Goettel announced the January 26, 2008 Remodeling Fair and that she is presenting the State of the City address. Mayor Goettel requested City Council Worksession items not be on the regular City Council meeting agenda for action on the same night so there is more time to consider the issues. Item #4COUNCIL APPROVAL OF AGENDA Mayor Goettel removed Item 5B from the Consent Calendar, to be considered as Item #6. Mayor Goettel removed Agenda Item #8 for consideration at a future meeting. M/Wroge, S/Sandahl to approve the agenda as amended. Motion carried 5-0. Council Meeting Minutes-3-January 8, 2008 Item #5CONSENT CALENDAR A. Approved the first reading of ordinance amending Subsections 800.13, 800.17, 800.19, 800.21 and 800.23 of City Code related to off-street parking S.R. No. 1 B. Removed from the Consent Calendar and placed on the regular agenda for consideration as Item #6. C. Approved the resolution accepting grants and donations received by Richfield Recreation Services Department in 2007 S.R. No. 3 RESOLUTION NO. 10043 RESOLUTION AUTHORIZING ACCEPTANCE OF ALL GRANTS AND DONATIONS RECEIVED BY THE CITY OF RICHFIELD 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. 10043. D. Approved the resolution designating Richfield Sun-Current as official newspaper for 2008 for City of Richfield. S.R. No. 4 RESOLUTION NO. 10044 RESOLUTION DESIGNATING AND OFFICIAL NEWSPAPER FOR 2008 This resolution appears as Resolution No. 10044. E. Approved the resolutions designating official depositories, including approval of collateral, for 2008 for City of Richfield S.R. No. 5 RESOLUTION NO. 10045 RESOLUTION DESIGNATING U.S. BANK A DEPOSITORY OF FUNDS OF THE CITY OF RICHFIELD FOR THE YEAR 2008 This resolution appears as Resolution No. 10045. RESOLUTION NO. 10046 RESOLUTION DESIGNATING CERTAIN SAVING AND LOAN ASSOCIATIONS, BANKS AND CREDIT UNIONS AS DEPOSITORIES FOR THE DEPOSIT AND INVESTMENT OF CITY FUNDS IN 2008 This resolution appears as Resolution No. 10046. Council Meeting Minutes-4-January 8, 2008 RESOLUTION NO. 10047 RESOLUTION DESIGNATING CERTAIN FINANCIAL INSTITUTIONS AS DEPOSITORIES FOR THE INVESTMENT OF CITY OF RICHFIELD FUNDS IN 2008 This resolution appears as Resolution No. 10047. F. Approved the resolution authorizing Richfield Public Safety Department/Police to accept grant funds from U.S. Department of Justice COPS’ Secure Our Schools program on behalf of Intermediate School District 287 for security improvements at Lincoln Hills School and security equipment for South Education Center S.R. No. 6 RESOLUTION NO. 10048 RESOLUTION AUTHORIZING THE DEPARTMENT OF PUBLIC SAFETY/POLICE TO ACCEPT COPS SECURE OUR SCHOOLS GRANT FUNDS FROM THE U.S. DEPT. OF JUSTICE, ON BEHALF OF SCHOOL DISTRICT 287, FOR SECURITY IMPROVEMENTS AT LINCOLN HILLS SCHOOL AND SECURITY EQUIPMENT FOR THE SOUTH EDUCATION CENTER This resolution appears as Resolution No. 10048. G. Approved the resolution authorizing 2008 social service agency funding recommendations of certain human service agencies S.R. No. 7 RESOLUTION NO. 10049 A RESOLUTION APPROVING THE 2008 SOCIAL SERVICE AGENCY FUNDING RECOMMENDATIONS AND AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS FOR SERVICE WITH THOSE AGENCIES FUNDED BY THE CITY This resolution appears as Resolution No. 10049. H. Approved the resolution regarding City Council Member attendance at City Council meetings in 2008 S.R. No. 8 RESOLUTION NO. 10050 RESOLUTION REGARDING ATTENDANCE BY COUNCIL MEMBERS AT COUNCIL MEETINGS This resolution appears as Resolution No. 10050. I. Approved the resolution authorizing signal agreement between Mn/DOT and City of Richfield for three signals on 76th Street S.R. No. 9 Council Meeting Minutes-5-January 8, 2008 RESOLUTION NO. 10042 RESOLUTION AUTHORIZING APPROVAL OF SIGNAL AGREEMENT NO. 91890M BETWEEN THE MINNESOTA DEPARTMENT OF TRANSPORTATION (MN/DOT) AND THE CITY OF RICHFIELD FOR CONSTRUCTION AND MAINTENANCE OF THE NEW TRAFFIC SIGNAL AT 76TH STREET AND THE TRUNK HIGHWAY 35W WEST RAMP AND OF THE MODIFIED EXISTING TRAFFIC SIGNALS ON 76TH STREET AT GIRARD AVENUE (TRUNK HIGHWAY 35W EAST RAMP) AND ON 76TH STREET AT KNOX AVENUE This resolution appears as Resolution No. 10042. J. Approved the designating available Department Director or Assistant to the City Manager as Acting City Manager in 2008 in event City Manager is absent from City S.R. No. 10 K. Approved extending current agreement with Malecha Trucking for lime residual disposal at City’s Water Treatment Plant for 2008 in base amount of $49,005 plus fuel escalation clause S.R. No. 11 L. Approved the purchase of 2007 Multiquip Instaprime MP200DSM trailer-mounted by-pass pump for Utilities Division in amount of $40,018.65 S.R. No. 12 Mayor Goettel requested clarification on Item I regarding the modifications of the signals. Public Works Director Eastling explained there would be no significant or noticeable changes. Council Member Wroge asked about the work being done because of the metro sewer project. th Public Works Director Eastling stated it is due to the 76 Street Bridge replacement project. Council Member Wroge asked about the cost. Public Works Director Eastling responded that it is federally funded, not a cost to Richfield. M/Wroge, S/Rosenberg to approve the Consent Calendar as amended. Motion carried 5-0. Item #6CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR Council Member Wroge presented Staff Report No. 2. Council Meeting Minutes-6-January 8, 2008 Council Member Wroge requested this item be postponed to the January 22, 2008 City Council meeting. He expressed a concern regarding subsidizing this business due to the cost of rent. Council Member Kilian agreed. M/Wroge, S/Kilian to continue consideration of the addendum to the existing lease agreement between City of Richfield and Hat Trick Hockey Inc., 636 West 66th Street, to January 22, 2008 and direct staff to provide financial information on the business, including actual costs, and the commercial market rate for retail space in Richfield. Motion carried 5-0. Randy Reed, future owner, clarified the cost per foot that includes taxes. Item #7CONSIDERATION OF ADOPTING NEW NEIGHBORHOOD STOP SIGN POLICY S.R. NO. 13 Council Member Sandahl presented Staff Report No. 13. Council Member Kilian stated this policy has been a long process and eliminates the old methodology of waiting for enough accidents to occur before putting in stop signs. He added there might not be unanimous agreement among residents. Mayor Goettel expressed support for the policy as traffic calming to address increased traffic speed and volume. Council Member Wroge expressed support for the policy. M/Kilian, S/Sandahl to adopt new neighborhood stop sign policy. Motion carried 5-0. Item #8CONSIDERATION OF BID MINUTES/TABULATION AND AWARD OF CONTRACT TH TO SHAFER CONTRACTING, INC. FOR PORTLAND AVENUE AND 66 STREET IMPROVEMENT PROJECT IN AMOUNT OF $2,449,351.74 S.R. NO. 14 Mayor Goettel removed Agenda Item #8 for consideration at a future meeting. Council Meeting Minutes-7-January 8, 2008 Item #9CONSIDERATION OF: ? BID MINUTES/TABULATION AND AWARD OF CONTRACT TO VEIT AND COMPANY, INC. FOR RICHFIELD LAKE WATER QUALITY PROJECT IN AMOUNT OF $982,496.44 AND ? PURCHASE OF ENGINEERING SERVICES FROM WSB & ASSOCIATES TO PROVIDE CONSTRUCTION OVERSIGHT SERVICES REQUIRED TO COMPLETE PROJECT S.R. NO. 015 Council Member Wroge presented Staff Report No. 15. M/Wroge, S/Sandahl to approve bid minutes/tabulation and award of contract to Veit and Company, Inc. for Richfield Lake Water Quality Project in amount of $982,496.44 and for purchase of engineering services from WSB & Associates to provide construction oversight services required to complete project. Motion carried 5-0. Public Works Director Eastling discussed the upcoming construction schedule for the Richfield Lake Improvement Project. Council Member Sandahl asked about the status of the Lyndale Garden owner’s construction regarding the retaining walls. Public Works Director Eastling explained the owner declined the work but the project is constructed so that work could be done later. Item #10CONSIDERATION OF DESIGNATING MAYOR PRO TEMPORE FOR 2008 S.R. NO. 16 Mayor Goettel presented Staff Report No. 16. Mayor Goettel stated that there have been previous discussions regarding this designation always being the at-large Council Member. She said she did not necessarily agree with that because future City Councils may need to be considered and other City Council Members may consider running for Mayor and would like to try out as Mayor Pro Tempore. Council Member Kilian stated he strongly supported the Mayor Pro Tempore being the Council Member at-large. Besides the Mayor, the Council Member at-large is the only person elected by the entire City. Although, he added, all the City Council Members represent the City. M/Kilian to designate Council Member at-large Sandahl as Mayor Pro Tempore for 2008. Motion failed for lack of a second. Council Member Rosenberg stated she would like to see a rotation of the designation because all City Council Members represent the City. Council Meeting Minutes-8-January 8, 2008 Council Member Wroge expressed agreement with Council Member Rosenberg. M/Sandahl, S/Goettel to designate Council Member Council Member Rosenberg as Mayor Pro Tempore for 2008. Council Member Kilian stated, philosophically, he would not support this designation. Motion carried 4-1. (Kilian opposed) Item #11CONSIDERATION OF DESIGNATING COUNCIL MEMBER(S) TO ATTEND MARCH 2008 NATIONAL LEAGUE OF CITIES CONGRESSIONAL CONFERENCE; JULY 2008 N.O.I.S.E. CONFERENCE; AND NOVEMBER 2008 NATIONAL LEAGUE OF CITIES CONGRESS OF CITIES CONFERENCE S.R. NO. 17 Mayor Goettel presented Staff Report No. 17. Mayor Goettel expressed a desire to attend all or part of the March 2008 National League of Cities Congressional Conference, depending upon the agenda. Council Member Wroge stated he believed one Council Member attending a conference was sufficient. M/Goettel, S/Kilian to have Mayor Goettel attend all or part of the March 2008 National League of Cities Congressional Conference and determination of attendance at the N.O.I.S.E. Conference and November 2008 National League of Cities Congress of Cities Conference be dependent on the agenda. Motion carried 5-0. Item #12CONSIDERATION OF DESIGNATING CITY COUNCIL LIAISON APPOINTMENTS FOR 2008 TO VARIOUS METROPOLITAN AGENCIES AND CITY COMMISSIONS S.R. NO. 18 Mayor Goettel presented Staff Report No. 18. Council Member Rosenberg requested the Human Rights Commission liaison obligation be shared because sometimes she is unable to attend a meeting due to a conflict. Council Member Kilian stated he is the alternate and would attend when she is not available. M/Sandahl, S/Wroge to approve designating City Council liaison appointments for 2008 to various metropolitan agencies and city commissions. Council Meeting Minutes-9-January 8, 2008 Bill KilianRepresentative Metro Cities (Formerly AMM) Sue SandahlAlternate Debbie GoettelRepresentative League of Minnesota Cities Sue SandahlAlternate Bill KilianRepresentative N.O.I.S.E. Oversight Committee Debbie GoettelAlternate Bill KilianRepresentative N.O.I.S.E Debbie GoettelAlternate Sue SandahlLiaison Transportation Commission Bill KilianAlternate Sue SandahlLiaison I-35W Solutions Alliance Mike EastlingAlternate Sue SandahlLiaison 494 Corridor Commission Tom FoleyAlternate Debbie GoettelLiaison Planning Commission Bill KilianAlternate Fred WrogeLiaison Community Services Commission Susan RosenbergAlternate Debbie GoettelLiaison Advisory Board of Health Susan RosenbergAlternate Susan RosenbergLiaison Human Rights Commission Bill KilianAlternate Debbie GoettelLiaison Friendship City Commission Sue SandahlAlternate Arts CommissionSusan RosenbergLiaison Susan RosenbergLiaison Celebrations Commission Fred WrogeAlternate Sue SandahlAlternate Fred WrogeLiaison City Hall Task Force Bill KilianAlternate Richfield Community Human Susan RosenbergRepresentative Services Planning Council Debbie GoettelRepresentative FOWL Board Susan RosenbergAlternate Fred WrogeRepresentative Southwest Cable Commission Steve DevichRepresentative Richfield Historical SocietyFred WrogeRepresentative Susan RosenbergRepresentative Richfield School District Fred WrogeAlternate Motion carried 5-0. Council Meeting Minutes-10-January 8, 2008 Item #13CITY MANAGER’S REPORT City Manager Devich reported that Pam Dmytrenko, Assistant to the City Manager, is working on the implementation of the recent airport noise mitigation settlement. Council Member Wroge requested staff provide clarification on the number of police conflicts at Fireside Pizza. City Manager Devich apologized that the number of police contacts for Fireside Pizza reported during the 2008 license renewals was in error. There were no police calls in 2007. All the other reports for the other establishments were accurate. Item #14OPEN FORUM th Nate Nelson, 6401 16 Avenue, requested an update on Phase II of the Cedar Avenue Corridor. City Manager Devich explained a discussion is scheduled for the January 14, 2008 Housing and Redevelopment Authority (HRA) meeting. The area is difficult to develop due to costs and the market. He said State Representative Paul Thissen might include bonding for this area in the 2008 legislative session so, if obtained, some financing may be available. Public Works Director Eastling stated he spoke with the other registered speaker, Dave th Grossklaus, 6824 13 Avenue, before he left the meeting regarding snow removal from roundabouts. th Public Works Director Eastling explained the snow removal from 66 Street is done by Hennepin County. He added that sidewalk plowing is difficult because Hennepin County can plow the street again and fill the sidewalks after the City has cleaned them. Council Member Wroge suggested the City approach Hennepin County and propose that th Richfield remove the snow on 66 Street from Xerxes Avenue to Cedar Avenue and get paid for the work. Council Meeting Minutes -11- January 8, 2008 litem #15 I CLAIMS AND PAYROLL -I MIRosenberg, S/Sandahl that the followinq claims and pavrolls be approved: u.s. BANK 12-26-07 AlP Checks: 164618 -165004 PAYROLL 45075 - 45408,41314 - 41321 $ 2,162,554.73 $ 471,016.89 TOTAL $ 2,633,571.62 u.s. BANK 01-08-08 AlP Checks: 165005 - 165271 PAYROLL 45409 - 45748,41322 - 41324 $ 998,472.53 $ 475,092.72 TOTAL $ 1,473,565.25 Motion carried 5-0. /ll, '~i~ L.fU!l./ . U Cheryl K umhol ~ Recording Secretary CITY OF RICHFIELD, MINNESOTA Bid Opening January 2, 2008 2:00 p.m. Richfield Lake Improvement Project Bid No. 07-44 Pursuant to the 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 the Richfield Lake Improvement Project, as advertised in the official newspaper on December 20 & 27, 2007, and the Construction Bulletin on December 17 & 24, 2007. Present:Nancy Gibbs, City Clerk Cheryl Krumholz, City Manager Representative Kristin Asher, Assistant City Engineer The following bids were submitted and read aloud: Bid BondAddendums ContractorItem #26Grand Total 5%1 & 2 ?? Ames Construction$40,000.00$1,211,406.44 ?? Carl Bolander & Sons$56,000.00$1,618,238.60 Doboszenski & Sons, ?? $247,800.00$1,420,698.45 Inc. ?? Eureka Construction$28,000.00$1,398,849.03 ?? Imperial Developers$73,320.00$1,286,880.20 ?? Kimball Excavating, Inc.$80,000.00$1,346,670.00 Landwehr Construction, ?? $44,000.00$1,099,866.51 Inc. Contractor Bid Bond Addendums Item #26 Grand Total 5% 1&2 Minger Construction, Inc. \I \I $ 61,200.00 $ 1,094,464.28 Nadeau Excavating, Inc. \I \I $ 48,000.00 $ 1,281,608.20 North Pine Aggregate, \I \I $ 30,000.00 $ 1,333,923.60 Inc. Park Construction \I V $ 80,400.00 $ 1,141,150.27 Company Rachel Contracting \I \I $ 36,000.00 $ 1,118,457.11 Shafer Contracting, Inc. \I \I $ 61,000.00 $ 1,193,395.42 Veit & Company, Inc. \I \I $ 23,600.00 $ 982,496.44 The City Clerk announced that the bids would be tabulated and considered at the January 8, 2008 City Council Meeting. City Clerk