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04-13-10 RegularJ CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting April 13, 2010 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:05 p.m. ROLL CALL Members Present: Debbie Goettel, Mayor; Sue Sandahl; Pat Elliott; Fred Wroge; and Tom Fitzhenry. Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; John Stark, Community Development Director; Jim Topitzhofer, Recreation Services Director; Corrine Heine, City Attorney; and Cheryl Krumholz, Recording Secretary. OPEN FORUM Barb Weinstock, 7520 10th Avenue, requested the City Council review the multi-pet licensing process and fee. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Sandahl, S/Wroge to approve the minutes of (1) Special City Council Worksession of March 23, 2010 and (2) Regular City Council Meeting of March 23, 2010. Motion carried 5-0. Council Meeting Minutes -2- April 13_2010 Item #1 PRESENTATION OF PROCLAMATION DESIGNATING MAY 1, 2010 AS CITY OF RICHFIELD SILVER STAR BANNER DAY Mayor Goettel read and presented a proclamation designating May 1, 2010 as City of Richfield Silver Star Banner Day to representatives of the Fred Babcock Veterans of Foreign Wars Post #5555 and the Minneapolis/Richfield American Legion Post #435. Item #2 PRESENTATION OF PROCLAMATION DESIGNATING CITY OF RICHFIELD EARTH DAY/ARBOR MONTH IN APRIL 2010 hunt. Recreation Services Director Topitzhofer announced the upcoming Earth Day scavenger Mayor Goettel presented a proclamation designating City of Richfield Earth Day/Arbor Month in April 2010 to Recreation Services Director Topitzhofer. Item #3 ANNUAL MEETING WITH TRANSPORTATION COMMISSION Marty Kirsch, Transportation Commission Chair, provided a report on the Commission's activities and goals. Item #4 COUNCIL DISCUSSION • WALK A MILE IN HER SHOES • HATS OFF TO HOMETOWN HITS Teresa Rosen, Cornerstone, announced the April 13 Walk a Mile in Her Shoes event at the Mall of America. Council Member Wroge acknowledged the efforts of the Middle School AVID for distributing the revised Welcome to Richfield booklet. Recreation Services Director Topitzhofer explained the television commercial regarding Memorial Day activities at Veterans Memorial Park is being aired in error. Council Member Fitzhenry acknowledged Public Work's quick response to placing barricades to block vehicles using the empty lot at 66th Street and Richfield Parkway. Council Member Sandahl acknowledged the volunteers assisting seniors with tax preparation at the Community Center. Council Member Fitzhenry requested the multi-pet licensing process be reviewed, including length of license, inspections by community service officers and cost of licenses. Council Meeting Minutes -3- April 13, 2010 The City Council consensus was to consider multi-pet licensing costs during budget discussions. Mayor Goettel announced the April 16 National Health Care Decisions Day at the Community Center. Item #5 COUNCIL APPROVAL OF AGENDA M/Wroge, S/Sandahl to approve the agenda. Motion carried 5-0. Item #6 CONSENT CALENDAR A. Consideration of approval of first reading of transitory ordinance vacating Market Drive street right-of-way and scheduling public hearing and second reading for April 27, 2010 S.R. No. 54 B. Consideration of approval of first reading of ordinance relating to municipal elections, amending Sections 4.02 and 4.06 of Richfield City Charter and scheduling public hearing and second reading for May 11, 2010 S.R. No. 55 C. Consideration of approval of renewing auction service contract with Adesa Minneapolis for 2010/2011 auctioning forfeited vehicles from Public Safety/Police S.R. No. 56 D. Consideration of approval of bid minutes/tabulation and award of contract to Wilson Custom Tree for 2010 diseased tree removal from private property in amount of $78,811 S.R. No. 57 E. Consideration of approval of bid minutes/tabulation and award of contract to Valley Paving, Inc. for mill and overlay and Ice Arena parking lot projects in amount of $788,157.46 S.R. No. 58 F. Consideration of approval of extending 2009 curb and gutter and miscellaneous concrete repair contract with Ron Kassa Construction, Inc. in amount of $99,612.50 S.R. No. 59 G. Consideration of approval of purchase of equipment and chemicals from JRK Seed for injection treatment of ash trees in amount not to exceed $50,000 S.R. No. 60 M/Goettel, S/Elliott to approve the Consent Calendar. Motion carried 5-0. Item #7 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR None. Council Meeting Minutes -4- April 13, 2010 .Item #8 PUBLIC HEARING REGARDING ISSUANCE OF NEW ON-SALE WINE AND 3.2 PERCENT MALT LIQUOR LICENSES FOR JOY'S PATTAYA THAI RESTAURANT, LLC, 7545 LYNDALE AVE S.R. NO. 61 Council Member Elliott presented Staff Report No. 61. M/Fitzhenry, S/Wroge to close public hearing. Motion carried 5-0. M/Elliott, S/Sandahl to approve the issuance of new on-sale wine and 3.2 percent malt liquor licenses for Joy's Pattaya Thai Restaurant, LLC, 7545 Lyndale Avenue. Motion carried 5-0. Item #9 PUBLIC HEARING REGARDING CITY GRANTING COMLUX AMERICA, LLC A LOAN OF MINNESOTA INVESTMENT FUND GRANT MONIES IN AMOUNT OF $1,000,000 AND RESOLUTION APPROVING DOCUMENTS RELATED TO LOAN S.R. NO. 62 Mayor Goettel presented Staff Report No. 62. Council Member Wroge questioned the Revolving Loan Fund being City or HRA. City Manager Devich explained the new tool for businesses would be created to follow the DEED models and be a City fund. M/Goettel, S/Sandahl to close public hearing. Motion carried 5-0. M/Goettel, S/Sandahl to the City granting Comlux America, LLC a loan of Minnesota Investment Fund Grant monies in amount of $1,000,000 and that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10355 RESOLUTION APPROVING MINNESOTA INVESTMENT FUND LOAN AGREEMENT BETWEEN THE CITY AND COMLUX AMERICA, LLC Motion carried 5-0. This resolution appears as Resolution No. 10355. Item #10 CONSIDERATION OF RESOLUTION AUTHORIZING MAJOR SITE PLAN AMENDMENT AT 7700 NICOLLET AVENUE ALLOWING MAIN FLOOR ADDITION FOR MARKET AND BASEMENT AREA FOR ADDITIONAL STORAGE S.R. NO. 63 Council Meeting Minutes -5- April 13, 2010 control. Council Member Wroge presented Staff Report No. 63 John Gross, owner, stated the new equipment meets all code requirements, including odor M/Wroge, S/Goettel that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10359 RESOLUTION GRANTING APPROVAL OF A MAJOR SITE PLAN AMENDMENT FOR 7700 NICOLLET AVENUE Motion carried 5-0. This resolution appears as Resolution No. 10359. Item #11 CONSIDERATION OF RESOLUTION APPROVING CONTRACT WITH INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 49 FOR CONTRACT PERIOD JANUARY 1, 2010 THROUGH DECEMBER 31, 2010 S.R. NO. 64 Council Member Fitzhenry presented Staff Report No. 64. M/Fitzhenry, S/Sandahl that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10356 RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 49 BARGAINING UNIT FOR THE YEAR 2010 Motion carried 5-0. This resolution appears as Resolution No. 10356. Item #12 CONSIDERATION OF RESOLUTION APPROVING CONTRACT WITH POLICE SUPERVISORS LAW ENFORCEMENT LABOR SERVICES LOCAL 162 FOR CONTRACT PERIOD JANUARY 1, 2010 THROUGH DECEMBER 31, 2010 S.R. NO. 65 Council Member Wroge presented Staff Report No. 65. M/Wroge, S/Fitzhenry that the following resolution be adopted and that it be made part of these minutes: Council Meeting Minutes -6- April 13, 2010 RESOLUTION NO. 10357 RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND LAW ENFORCEMENT LABOR SERVICES (EELS), LOCAL 162 BARGAINING UNIT FOR THE YEAR 2010 Motion carried 5-0. This resolution appears as Resolution No. 10357. Item #13 CONSIDERATION OF RESOLUTION APPROVING CONTRACT WITH POLICE OFFICERS AND DETECTIVE LAW ENFORCEMENT LABOR SERVICES 123 FOR CONTRACT PERIOD JANUARY 1, 2010 THROUGH DECEMBER 31, 2010 S.R. NO. 66 Council Member Sandahl presented Staff Report No. 66. City Manager Devich acknowledged the three unions for negotiating their contracts. M/Sandahl, S/Fitzhenry that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10358 RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND LAW ENFORCEMENT LABOR SERVICES (EELS), LOCAL 123 BARGAINING UNIT FOR THE YEAR 2010 Motion carried 5-0. This resolution appears as Resolution No. 10358. Item #14 CONSIDERATION OF CAPITAL INFRASTRUCTURE INVESTMENT FOR CITY'S 9-1-1 DISPATCH CENTER IN NEW RICHFIELD MUNICIPAL CENTER S.R. NO. 67 Mayor Goettel presented Staff Report No. 67. Council Member Sandahl questioned the non-recommended items -Alternate #4 - Humidification and Alternate #6 -Sound Masking -stated in the Stahl Construction letter dated February 23, 2010. City Manager Devich stated the decision on dispatch and access flooring is most critical. Council Member Sandahl expressed support for the dispatch infrastructure and requested Alternates #4 and #6 be returned to the City Council for consideration. M/Goettel, S/Fitzhenry to approve consideration of capital infrastructure investment for City's 9-1-1 dispatch center in new Richfield Municipal Center. Council Meeting Minutes -7- April 13, 2010 Motion carried 5-0. Council Member Wroge expressed his concerns that Hennepin County has not provided an answer on allowing more cities to join the County Dispatching Center and associated costs initially and annually. He continued with concerns that there was no time for discussion and there was only one choice now because no information was available. Council Member Fitzhenry stated that Hennepin County does charge for dispatching on property taxes. Item #15 I CITY MANAGER'S REPORT GAS LINE INSPECTION AT 66TH STREET AND PORTLAND AVENUE ROUNDABOUT • FIRE INSPECTIONS Public Works Director Eastling reported on the gas line inspection to begin in mid-April. Council Member Wroge questioned the legal liability of the installing company. City. Attorney Heine responded that the contracts are not with the City but rather CenterPoint and its contractor. City Manager Devich reported on the Fire Department and rental licensing inspections program for apartment buildings in Richfield. Item #16 CLAIMS AND PAYROLL M/Wroge, S/Sandahl that the following claims and payrolls be approved: U.S. BANK 04-13-10 A/P Checks: 193460 - 193860 PAYROLL 65433 - 65739; 41469 $ 1,082,697.53 $ 491,111.06 TOTAL Motion carried 5-0. OPEN FORUM $ 1, 573, 808.59 None. Council Meeting Minutes -8- ADJOURNMENT The City Council meeting was adjourned by unanimous consent at 8:49 p.m. Date Approved: April 13, 2010 ~~ ~. Cheryl Krum olz Recording Secretary April 13, 2010