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02-14-06 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting February 14, 2006 The meeting was called to order by Mayor Kirsch at 6:31 p.m. Members Present: Martin Kirsch, Mayor; Sue Sandahl; Susan Rosenberg; Fred Wroge; and Bill Kilian. Staff Present: Steve Devich, City Manager; Mike Eastling, Public Works Director; Bruce Palm borg, Community Development Director; Dan Scott, Public Safety Director; Chris Regis, Finance Manager; Tom Foley, Transportation Engineer; Cheryl Krumholz, Recording Secretary; and Corrine Thomson, City Attorney. No one was registered to speak. Mayor Kirsch led the audience in the Pledge of Allegiance. M/Kilian, SlWroge to approve the minutes of (1) Special City Council Worksession of January 17. 2006: (2) Special City Council Worksession of January 20.2006: (3) Special City Council Closed Executive Session of January 20.2006: (4) Special City Council Meetina of January 24. 2006: (5) Special City Council Worksession of January 24. 2006: (6) Reaular City Council Meetina of January 24. 2006: (7) Special City Council Meetina of January 25. 2006: and (8) Special City Council Meetina of January 28. 2006. Motion carried 5-0. Council Meeting Minutes -2- February 14, 2006 Item #1 Public Safety Director Scott administered the oath of office to Richfield Police Officers Matt Riebau and Bill Stanger. Item #2 Public Safety Director Scott presented the Richfield Police Officer of the Year Award to Police Officer Mike Sieve. Item #3 Mayor Kirsch presented a Certificate of Achievement for Financial Reporting Award to Richfield Finance Manager Chris Regis. Item #4 Mayor Kirsch announced a modified version of the State of the City address is currently being played on cable television channel 16. Mayor Kirsch reported the Housing and Redevelopment Authority and Planning Commission meetings are now broadcast live on channel 16. Council Member Sandahl announced the City Council is currently recruiting for City advisory commission members and encouraged residents to apply by March 3. Item #5 Mayor Kirsch removed Consent Calendar Item 6A for consideration at a future meeting. Staff has requested more time before presenting this item to the City Council for consideration. Council Member Sandahl requested Consent Calendar item 6J be removed for separate consideration. M/Rosenberg, SlWroge to approve the aQenda as amended. Motion carried 5-0. Council Meeting Minutes -3- February 14, 2006 Item #6 A. Postponed to future City Council Meeting. Consideration of approval of first reading of transitory ordinance providing for expenditure of funds from Special Revenue Fund for certain capital improvements and schedule public hearing and second reading for March 14, 2006 S.R. No. 23 B. Approved resolution establishing Health Care Savings Plan for International Union of Operating Engineers, Local 49 bargaining unit employees S.:.R. No. 24 RESOLUTION NO. 9721 RESOLUTION APPROVING LETTER OF AGREEMENT BETWEEN THE CITY OF RICHFIELD AND INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 49 ESTABLISHING A POST RETIREMENT HEALTH CARE SAVINGS PLAN This resolution appears as Resolution No. 9721 in Resolution Book No. 75. C. Approved resolution authorizing agreement between State of Minnesota, acting through Commissioner of Public Safety, State Patrol Division, and City of Richfield Public Safety Department for grant funds not to exceed $1600 for payment of overtime for Police Officers involved in Operation NightCAP S.R. No. 25 RESOLUTION NO. 9722 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. 9722 in Resolution Book No. 75. D. Approved resolution reappointing Russ Susag to Richfield Tourism Promotion Board for three year term ending December 31, 2008 S.R. No. 26 RESOLUTION NO. 9723 RESOLUTION REAPPOINTING REPRESENTATIVE TO THE BOARD OF DIRECTORS OF THE RICHFIELD TOURISM PROMOTION BOARD, INC. This resolution appears as Resolution No. 9723 in Resolution Book No. 75. E. Approved resolution appointing Chris Regis, Finance Manager, as Director and Sally Morton, Information Technologies Manager, as Alternate Director to Local Government Information Systems Association Board of Directors S.R. No. 27 RESOLUTION NO. 9724 RESOLUTION APPOINTING REPRESENTATIVES TO THE LOGIS BOARD OF DIRECTORS This resolution appears as Resolution No. 9724 in Resolution Book No. 75. Council Meeting Minutes -4- February 14, 2006 F. Approved resolution supporting Two Wheels to Town bicycle initiative S.R. No. 28 RESOLUTION NO. 9725 RESOLUTION OF SUPPORT FOR TWO WHEELS TO TOWN BICYCLE INITIATIVE This resolution appears as Resolution No. 9725 in Resolution Book No. 75. G. Approved renewal of lawful gambling license for Minneapolis-Richfield American Legion Unit #435 Auxiliary, 6501 Portland Avenue, and resolution allowing #435 Auxiliary to conduct lawful gambling activity S.R. No. 29 RESOLUTION NO. 9732 A RESOLUTION GRANTING APPROVAL FOR THE MPLS-RICHFIELD AMERICAN LEGION UNIT #435 AUXILIARY TO CONDUCT LAWFUL GAMBLING This resolution appears as Resolution No. 9732 in Resolution Book No. 75. H. Approved assignments of professional services agreements with Conworth, Inc. to SRF Consulting Group, Inc. for land acquisition services related to Airport Noise Improvement Program and intersection improvements at 17th Avenue and 66th Street S.R. No. 30 I. Approved consulting agreement with SRF Consulting Group, Inc. for right-of-way and relocation services for 66th Street and Portland Avenue Intersection Project S.R. No. 31 J. Removed from the Consent Calendar and placed on the regular agenda for consideration as Item 7. MI Rosenberg, S/Wroge to approve the Consent Calendar as amended. Motion carried 5-0. Item #7 6J. Consideration of approval of following 2006 renewal of business licenses for on- sale 3.2 liquor sales and 2006 license renewals to operate businesses in Richfield S.R. No. 32 License to Sell 3.2 Malt Liquor Airport Bowl - On-Sale Aldi Foods - Off-Sale Davanni's Pizza - On-Sale Kwik Way Foods - Off-Sale License to Sell 3.2 Malt Liquor Lariat Lanes - On-Sale Rainbow Foods - Off-Sale Richfield Mobil Mart - Off-Sale Sandy's Tavern - On-Sale SuperAmerica #4186 - Off-Sale SuperAmerica #4188 - Off-Sale SuperAmerica #4191 - Off-Sale SuperAmerica #4615 - Off-Sale Worldwide Supermarket - On-Sale Vina Vietnamese Restaurant - On-Sale License to Operate in Richfield A New Star Limousine & Taxi Service - 7 Vehicles Gold Star Taxi - 27 Vehicles Morelos Taxi - 8 Vehicles Suburban Taxi Corporation - 20 Vehicles Paul's Rentals & Sale - Trailer and Truck Rental Council Meeting Minutes -5- February 14, 2006 Council Member Sandahl asked the location of Worldwide Market and if the liquor license is on-sale or off-sale. Public Safety Director Scott answered the establishment is in Richfield Shoppes, 66th Street and Nicollet Avenue. He was not certain of the type of license requested but assured the City Council that the correct one would be issued. M/Sandahl, S/Rosenberg to approve the 2006 renewal of named business licenses for on- sale 3.2 liauor sales with the stipulation that City staff would issue the correct license for Worldwide Market; and approve the 2006 renewal of licenses to operate named businesses in the City of Richfield. Motion carried 5-0. Item #8 Council Member Rosenberg presented Staff Report No. 33 regarding a resolution authorizing use of funds for 2006 Urban Hennepin County Community Development Block Grant Program. Council Member Sandahl stated there appeared to be an error in the allocation per project for public service as indicated in the Staff Report and resolution. Community Development Director Palmborg explained the maximum allocation is 15% for public service funding with the prescribed county funding. The total allocation is $28,940 so that is correct in the Staff Report and resolution. City Attorney Thomson explained the error is in the specific allocations. The resolution should be revised to reflect: Proiect Allocation Per Proiect Total Recommendation 1. Public Service: a. HOME Line $ 2,500 b. GMDCA $ 9,000 c. CASH $ 2,500 d. H.O.M.E. $ 14,940 $28,940 Rehab of Owner-Occupied Property $164,020 $164,020 TOTAL COBG ALLOCATION $192,960 $192,960 The total public service allocation remains at $28,940. M/Rosenberg, S/Kilian to close the public hearina. Motion carried 5-0. M/Rosenberg, SI Kilian that the followina resolution be adopted as amended. that it be spread in the resolution book and that it be made part of these minutes: Council Meeting Minutes -6- February 14, 2006 RESOLUTION NO. 9726 RESOLUTION AUTHORIZING USE OF FUNDS FOR THE 2006 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING SIGNATURE OF SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY REQUIRED THIRD PARTY AGREEMENTS Motion carried 5-0. This resolution appears as Resolution No. 9726 in Resolution Book No. 75. Item #9 Council Member Sandahl presented Staff Report No. 34 regarding a disciplinary hearing regarding a resolution imposing civil enforcement on an establishment in Richfield that underwent a tobacco compliance check conducted by Richfield Public Safety staff and failed by selling tobacco to underage youth. Richfield 66 Station - 7008 13th Avenue - Jeff Tutewohl admitted the violation occurred and stipulated to the suspension and penalty. Mr. Tutewohl said his employee explained that the person was perceived as older and Mr. Tutewohl understood establishments were not to be tricked during compliance checks. Council Member Wroge questioned why this disciplinary hearing took so long to come before the City Council when the compliance check failure occurred in October 2005. Public Safety Director Scott explained time is allowed for the incident to go through the court system. M/Rosenberg, S/Sandahl that the followina resolution be adopted. that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 9727 RESOLUTION SUSPENDING THE TOBACCO LICENSE FOR RICHFIELD 66 STATION, 1217 EAST 66TH STREET, AND IMPOSING A CIVIL PENALTY FOR SECOND TIME TOBACCO COMPLIANCE FAILURE Motion carried 5-0. This resolution appears as Resolution No. 9727 in Resolution Book No. 75. Item #10 Council Member Wroge presented Staff Report No. 35 regarding a resolution providing for a $20,000 loan to Richfield Historical Society for the production of a 2008 Richfield Centennial Book. Council Meeting Minutes -7- February 14, 2006 MlWroge, S/Rosenberg that the followina resolution be adopted. that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 9728 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE CITY OF RICHFIELD AND THE RICHFIELD HISTORICAL SOCIETY FOR THE PRODUCTION OF A 2008 CENTENNIAL BOOK Motion carried 5-0. This resolution appears as Resolution No. 9728 in Resolution Book No. 75. Lisa Plank, Richfield Historical Society, thanked the City Council. Item #11 Council Member Kilian presented Staff Report No. 36 regarding a resolution authorizing reimbursement for proposed improvements at the City's Water Plant. Finance Manager Regis explained the City's financial consultant, Ehlers and Associates, will perform a rate study with this type of financial plan. M/Kilian, S/Sandahl that the followina resolution be adopted. that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 9729 DECLARING THE OFFICIAL INTENT OF THE CITY OF RICHFIELD TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY Mayor Kirsch said the water plant is an aging facility dealing with chemicals and water so improvements are needed to use new technology. Motion carried 5-0. This resolution appears as Resolution No. 9729 in Resolution Book No. 75. Item #12 Council Member Rosenberg presented Staff Report No. 37 regarding a resolution approving provisions of 2006-07 Labor Agreement between the City of Richfield and International Union of Operating Engineers Local 49. Council Member Rosenberg clarified the current rate of Licensure/Certification Pay is $1.15/hour not $1.1 O/hour as stated in the Staff Report. Council Meeting Minutes -8- February 14, 2006 M/Rosenberg, SlWroge that the followina resolution be adopted. that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 9730 RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 49 BARGAINING UNIT FOR THE YEARS 2006-2007 Motion carried 5-0. This resolution appears as Resolution No. 9730 in Resolution Book No. 75. Item #13 Council Member Kilian presented Staff Report No. 38 regarding a resolution authorizing acceptance of State of Minnesota Cooperative Agreement between the State of Minnesota and the City of Richfield to exchange parcels of land in the vicinity of 66th Street and Cedar AvenuelTrunk Highway 77 in conjunction with bridge construction and widening of 66th Street. Public Works Director Eastling explained the proposed land transfer. Council Member Kilian stated these transfers are a precursor to helping assemble the site for the proposed new maintenance facility. M/Kilian, SlWroge that the followina resolution be adopted. that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 9731 RESOLUTION AUTHORIZING ACCEPTANCE OF STATE OF MINNESOTA COOPERATIVE AGREEMENT FOR 66TH STREET RAMP BETWEEN THE STATE OF MINNESOTA ACTING THROUGH ITS COMMISSIONER OF TRANSPORTATION AND THE CITY OF RICHFIELD TO EXCHANGE CERTAIN PARCELS OF LAND-IN THE VICINITY OF 66TH STREET AND TRUNK HWY 77 (TH 77). Council Member Sandahl stated the State has encouraged working cooperatively with other entities and agencies so this is a win-win situation. Motion carried 5-0. This resolution appears as Resolution No. 9731 in Resolution Book No. 75. Item #14 Council Meeting Minutes -9- February 14, 2006 Council Member Wroge presented Staff Report No. 39 regarding consideration of a parking policy along designated bike route on 76th Street, west of Lyndale Avenue. M/Wroge, S/Rosenberg to determine a parkina policy alona desianated bike route on 76th Street west of Lyndale Avenue to provide auidance to City staff. Council Member Sandahl said she was open to considering church parking during certain hours on Sunday. She questioned if bike lanes are retained during this time. Transportation Engineer Foley said yes. Council Member Sandahl suggested staff check with churches to confirm service hours so adequate parking time is permitted. Paul Hickey, Congregational President at Berea Lutheran Church, 7538 Emerson Avenue, expressed appreciation with the restoration of parking hours on Sunday. He suggested a timeframe of 7:00 a.m. to 1 :00 p.m. to coordinate with service times. Council Member Wroge questioned if the Transportation Commission considered this issue. Mr. Foley explained the bike lanes were created before the Transportation Commission was established. This parking request is specific to Berea Lutheran Church but a similar request is anticipated from the House of Prayer Lutheran Church, 7625 Chicago Avenue. Mr. Foley explained the minimum area acceptable for a bike and car so, for a short period of time during the week, parking on one side of the street is recommended to allow room for a vehicle to pass if a bike is present. Mayor Kirsch expressed support for parking on one side of the street. Mr. Hickey said two sides are preferred, but one is better than nothing. Motion carried 5-0. M/Wroge, S/Sandahl to establish a test parkina policy as requested by Berea Lutheran Church for a "No Parkina Except Sundays Between 7 a.m. and 1 p.m." restriction on one side of 76th Street between Dupont Avenue and Emerson Avenue with the side of the street determined by City staff. Council Member Sandahl suggested these types of parking restrictions are to be considered as requested. Council Member Kilian said since only parking on one side of one block is permitted, it could go one block further. If others make a similar request, more than one block may be considered for additional parking. Council Member Wroge asked if the church parked on the 7500 block of Emerson. Mr. Hickey said yes. Motion carried 5-0. Council Meeting Minutes -10- February 14, 2006 Item #15 Council Member Sandahl presented Staff Report No. 40 regarding consideration of requesting Metro Transit to move bus stop on southbound Lyndale Avenue from south of 66th Street to north of 66th Street. Public Works Director Eastling reviewed a map indicating the current location of the bus stop and the proposed change, which puts the stop in the street, not a pull out. It is favorable to put the bus stop down stream from a stoplight so traffic does not back up into the intersection. Mayor Kirsch said some City Bella shops are affected by the current bus stop location so it may help to have it moved to permit increased short term parking in front of their stores and may encourage outdoor eating. Council Member Sandahl read a letter from the City Bella Board of Directors supporting the changed location. She added this could be an experiment to see if things changed for the businesses. Council Member Wroge said the City Council needs to support businesses in Richfield. As more high-rise buildings are built, businesses need to have adequate parking outside their stores. He has received calls from Kensington Park regarding inadequate parking and suggestions to buyout the Amoco station for more parking. There are storefronts still vacant at Kensington because there is no short term in front of the building or on 76th StreetlLyndale Avenue. Tom Sisler, Quiznos, 6600 Lyndale Avenue #140, acknowledged parking has been a problem and expressed appreciation for the City's positive effort to see if changing the bus stop to provide increased short term space will enhance businesses. He suggested a parking restriction of at least 15 minutes but no more than one hour. Transportation Engineer Foley suggested staff check with businesses regarding the amount of time to restrict the parking. City Manager Devich asked about the anticipated timeframe to move the bus stop. Mr. Foley explained it should be moved in two to four weeks. Metro Transit will notify the bus users and provide signage. This is not a route change. Mayor Kirsch stated the shelter will not be moved at this point. Council Member Wroge questioned when the shelter would be moved and how long the experiment will last. Public Works Director Eastling said Metro Transit prefers the stop to stay but will abide by the City Council decision. Public Works Director Eastling said the shelter was provided by the developer so staff will work with them. Council Member Rosenberg said bus riders will figure out the change in the stop. M/Sandahl, SlWroge to reauest that Metro Transit move its southbound bus stop on Lvndale Avenue from south of 66th Street to north of 66th Street. Council Meeting Minutes -11- February 14, 2006 Motion carried 5-0. Item #16 City Manager Devich reported the State of the City address is played on cable channel 16 on Monday, Wednesday, Friday and Sunday at 10:00 a.m., noon, 6:00 p.m. and 11:00 p.m. Public Safety Director Scott showed the City Council a picture of the youth who participated in the Public Safety tobacco compliance check at Richfield 66th Station (Item 9). He clarified that the establishment asked for no identification. Item #17 M/Rosenberg, SlWroge that the followinQ claims and pavrolls be approved: U. S. BANK AlP Checks: 147798 - 148236 PAYROLL 27090 - 27764; 41042 - 41047 TOTAL $ 1,917,627.79 $ 927,780.82 $ 2,845,408.61 Motion carried 5-0. City Attorney Thomson announced the City Council had met earlier in a Special Closed Executive Session, which was convened in an open session and adjourned in the Closed Session. " The City Council meeting was adjourned by unanimous cons Date Approved: March 14. 2006 /~ ~, (/,l'YL<l .. /lU~~ Cheryl Krumlio z Recording Secretary