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03-22-05 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting March 22, 2005 The meeting was called to order by Mayor Kirsch at 6:32 p.m. Members Present: Martin Kirsch, Mayor; Susan Rosenberg; Bill Kilian; and Sue Sandahl. Fred Wroge. Steve Devich, City Manager; Bruce Palmborg, Community Development Director; Mike Eastling, Public Works Director; Dan Scott, Public Safety Director; Cheryl Krumholz, Recording Secretary; and Corrine Thomson, City Attorney. M/Sandahl, S/Kilian to excuse the absence of Council Member Wroqe from the March 22. 2005 Reqular City Council Meetinq and City Council Worksession. Members Not Present: Staff Present: Motion carried 4-0. No one was registered to speak. Mayor Kirsch led the audience in the Pledge of Allegiance. M/Rosenberg, S/Sandahl to approve the minutes of (1) Special Concurrent City Council/HRAlPlanninq Commission Worksession of March 8. 2005; (2) Reqular City Council Meetinq of March 8.2005; (3) Special City Council Worksession of March 8. 2005; (4) Special City Council Meetinq of March 9. 2005; (5) Special City Council Meetinq of March 10. 2005; and (6) Special City Council Meetinq of March 10. 2005. Council Meeting Minutes -2- March 22, 2005 Motion carried 4-0. Item #1 Public Safety Director Scott administered the oath of office to Richfield Police Officers, Bradley Drayna, Aric Gallatin and Sean Majewski. Council Member Sandahl asked if the Police Division was now at full complement. Public Safety Director Scott said yes, for now, but a resignation has been submitted effective April 1, 2005. Public Safety Director Scott presented the Director of Public Safety Award to Yusef Jamison for getting involved in a vehicle theft with a small child inside at the Food-N-Fuel, 6300 Lyndale Avenue. The City Council thanked the Public Safety/Police for their efforts. The City Council acknowledged the heroic efforts of Mr. Jamison. Item #2 Council Member Rosenberg reported that talks between the MIRA Latino Community Center and Richfield Police are underway as a result of the immigration separation ordinance discussion. She acknowledged the ISAIAH group for bringing immigration issues to the City's attention. Mayor Kirsch reported on the National League of Cities Conference in Washington, D.C. Mayor Kirsch announced the NOISE Conference would be held in Eagan on July 20-22. Mayor Kirsch acknowledged the efforts of Senator Norm Coleman regarding the continuation of the Community Development Block Grant program. Mayor Kirsch stated he met with Congressman Martin Sabo while in Washington and thanked him for the federal funding he has secured for Richfield's transportation projects. He suggested a tour of Richfield be scheduled for the Congressman when he is in legislative recess. Council Member Kilian reported on the recent Noise Oversight Committee. He said word had just been received that the 65 dnl noise contour was approved by the FAA. Council Member Kilian stated he has noticed and received calls from residents regarding increased airport noise and the smell of fuel or kerosene. Council Member Kilian said a tour of the Cedar Corridor and noise impacted areas of Richfield should be included in the NOISE Conference agenda. Council Meeting Minutes -3- March 22, 2005 Item #3 M/Rosenberg, S/Sandahl to approve the aQenda. Motion carried 4-0. Item #4 A. Approved canceling public hearing regarding resolution authorizing property tax abatement for certain property (Cedar Point redevelopment area) in City of Richfield S.R. No. 52 B. Approved bid minutes/tabulation and award contract to Ron Kassa Construction, Inc. for 2005 curb and gutter, sidewalk and miscellaneous concrete repair in amount of $52,045 S.R. No. 53 C. Approved resolution authorizing purchase and installation of access control system from VTI (Videotronics) Security Integrators for Public Safety/Police and Fire Services Departments in amount of $36,929 S.R. No. 54 RESOLUTION NO. 9601 RESOLUTION AUTHORIZING THE PUBLIC SAFETY DEPARTMENT TO PURCHASE AND INSTALL THE ACCESS CONTROL SYSTEM FROM VTI (VIDEOTRONICS) SECURITY INTEGRATORS This resolution appears as Resolution No. 9601 in Resolution Book No. 75. D. Approved hiring Wentz Associates, Inc. to prepare plans and specifications for HVAC improvements at water treatment plant for fee of $62,625 plus related reimbursement expenses S.R. No. 55 E. Approved continuing contract with City of Bloomington for various types of building inspections and code enforcement for Richfield inspection services for 2005 and 2006 S.R. No. 56 F. Approved continuing agreement with City of Bloomington for food inspection services for Richfield for 2005 and 2006 S.R. No. 57 G. Approved new therapeutic massage enterprise license for Golden Tan, 6409 Lyndale Avenue S.R. No. 58 M/Rosenberg, S/Sandahl to approve the Consent Calendar. Motion carried 4-0. Item #5 None. Council Meeting Minutes -4- March 22, 2005 Item #6 Council Member Rosenberg presented Staff Report No. 59 regarding a resolution denying the appeal from Hearing Examiner decision and affirming the Hearing Examiner decision to deny the variance for a garage at 7221 Sheridan Avenue. Shawn Ross, applicant, 7221 Sheridan Avenue, provided the background on the construction of the garage, including the problem with the contractor and the lack of permits. Council Member Sandahl asked about the neighbor who did not sign the variance petition. Mr. Ross stated that neighbor was gone at the time he was getting signatures. Community Development Director Palmborg stated the Community Development and Public Safety Departments are concerned that if the variance is approved it then sets a precedence that the City zoning regulations and State Statute for variances are not of importance. M/Rosenberg, S/Sandahl to close the public hearinQ. Motion carried 4-0. Council Member Rosenberg asked Mr. Ross why the garage was so large. Mr. Ross explained he is the owner of his business and uses the garage for storage. The garage has been completed for two years. Council Member Rosenberg asked if the excess square footage would need to be torn down if the variance is denied. Community Development Director Palmborg said yes. City Attorney Thomson explained two ordinance provisions have been violated: no garage can exceed 1,000 square feet and no garage can exceed the size of the principal residence. Mr. Ross asked if a new variance would be needed if the garage was reduced t01 ,000 square feet. City Attorney Thomson stated the City Council could consider that option if zoning standards are met. Council Member Sandahl asked if a separate unattached 24-foot garage was acceptable. City Attorney Thomson said that may be in compliance with the zoning code but she would need to review the ordinance. Mr. Ross asked if the variance for the garage excess was still needed if he added the necessary square footage to his home. Council Member Rosenberg asked how this garage issue was discovered. Mr. Ross explained his neighbor's home had a point of sale inspection and the inspector asked about the garage. He said the garage was not built as a deliberate violation. Mayor Kirsch asked, if the City Council indicated an addition to the home as acceptable, would it fit on the lot. Council Meeting Minutes -5- March 22, 2005 Community Development Director Palmborg stated based on the percentage of lot coverage required, that option would be in comR,I.i~DS~> City Attorney Thomson suggested, if the City Council is to consider that solution, the City Council may want to consider continuing a decision to a future meeting to allow time for the property owner and City staff to meet to make a determination regarding compliance. The applicant would need to provide in writing, the approval to extend the 60-day period to allow this review and City Council consideration on April 26, 2005. Community Development Director Palmborg said staff could provide Mr. Ross with the 60-day waiver form. Mayor Kirsch said he is hesitant to approve the variance because it is against the rules but he would like to figure out a way to make it work. Council Member Kilian asked about the need for the slab to be removed and the cost. He asked about the garage being used for Mr. Ross' business inventory and if it is allowed under the home business ordinance. M/Rosenberg, S/Kilian to continue to April 26, 2005, the consideration of the resolution denyina the appeal from the decision of the Hearina Examiner and affirmina the Hearina Examiner's decision to deny a variance for the aaraae at 7221 Sheridan Avenue and direct staff to explore: . If expandina the house is an option and meets all zonina requirements: . If the aaraae is reduced to 1,000 square feet and house is increased to 1,000 square feet. what technically needs to be done: . If the excess aaraae slab needs to be removed and the potential costs: . if the slab remains, could it be a patio as opposed to part of the aaraae. Mr. Ross asked if the garage could be reconfigured so it is two buildings separated by a firewall into possibly a three-season porch instead of removing the excess. Council Member Kilian stated he'd like to follow the letter of the law, but at the same time work with the resident. Motion carried 4-0. Item #7 Council Member Sandahl presented Staff Report No. 60 regarding resolutions imposing civil enforcement on establishments in Richfield that underwent tobacco compliance checks conducted by Richfield Public Safety staff and failed by selling tobacco to underage youth. Richfield Amoco - 7544 Lyndale Avenue - Andy Carlyle, owner, did not admit the violation and stated he did not understand what was to happen at this hearing. Public Safety Director Scott explained that there are two separate issues, tonight's hearing is the civil response to the violation and the illegal sale by the employee is a criminal issue. He said it is his understanding the employee was charged and employment was terminated. M/Sandahl, 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: Council Meeting Minutes -6- March 22, 2005 RESOLUTION NO. 9602 RESOLUTION SUSPENDING THE TOBACCO LICENSE FOR RICHFIELD AMOCO, 7544 L VNDALE AVENUE SOUTH AND IMPOSING A CIVIL PENAL TV FOR THIRD TIME TOBACCO COMPLIANCE FAILURE Mr. Carlyle stated he supports the community and he did not make the sale himself. He asked about the timeframe of waiting until now to bring this matter before the City Council when the violation occurred in October 2004. Public Safety Director Scott explained the process typically takes two to three months before it is presented to the City Council. The point is not to penalize the establishments more when sales are restricted. A letter explaining the ordinance changes on the penalties for violations was sent to the businesses. Mr. Carlyle said he should not be penalized as severely because of his donations to the community. He stated he cannot work the business 24 hours a day and the cashier is trained with the register asking for identification on tobacco sales. Council Member Sandahl asked how many establishments in Richfield sell tobacco. Public Safety Director Scott said over 50. Mr. Carlyle said there have been two previous offenses but he met with no one. Mayor Kirsch said the City has authority through the State Statute to conduct compliance checks and enforce penalties. Public Safety Director Scott added the authority is through City ordinance also. Council Member Sandahl stated the rationale of the civil enforcement is to have employee training continued because the licensee must monitor and control sales, the City Council cannot. Other establishments must have mechanisms in place to follow the ordinance since only a few have failed the checks. Council Member Sandahl called the question. Motion carried 4-0. This resolution appears as Resolution No. 9602 in Resolution Book No. 75. Gas Plus - 7744 12th Avenue - Darrell Meggitt, representative, admitted the violation occurred and stipulated to the suspension and penalty. M/Sandahl, S/Rosenberg that the followinq resolution be adopted, that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 9603 RESOLUTION SUSPENDING THE TOBACCO LICENSE FOR GAS PLUS, 774412TH AVENUE SOUTH AND IMPOSING A CIVIL PENAL TV FOR SECOND TIME TOBACCO COMPLIANCE FAILURE Mr. Meggitt referenced the City ordinance that states the fines for the violation is $200 but there is no suspension mentioned. He had not received any updated information because notification may not have been sent to the corporate office, but rather to the store resulting in vague information. Public Safety Director Scott reviewed what Mr. Meggitt referenced and stated he did not have the most recent City ordinance. Mayor Kirsch asked where notifications are sent. Council Meeting Minutes -7- March 22, 2005 Public Safety Director Scott explained some establishments requested information be sent to the corporate office and it's their respo~s!l:>ility to distribute. Some establishments request both locations be sent information. . .;. '. Public Safety Director Scott requested Mr. Meggitt contact Betsy Osborn, Health Administrator, to clarify the address. Motion carried 4-0. This resolution appears as Resolution No. 9603 in Resolution Book No. 75. Public Safety Director Scott explained meetings are held with alcohol and tobacco selling establishments to discuss the compliance check process to determine if improvements should be made to ensure successful checks. Council Member Kilian suggested establishments do "mystery shoppers" to conduct self- check programs. Public Safety Director Scott stated several licensees do this already. Item #8 Council Member Kilian presented Staff Report No. 61 regarding consideration of a temporary permit to construct 18th Avenue crossroad and other improvements as part of the west half of the new interchange at 66th Street and Highway 77. Public Works Director Eastling reviewed the affected parcels. The contract should be let this spring with work beginning this summer. M/Kilian, S/Rosenberg to authorize the Mayor and City Manaoer to approve the Temporary Permit to Construct to allow the Minnesota Department of Transportation to construct 18th Avenue crossroad and other improvements in coniunction with new interchanoe at 66th Street and Hiohway 77 on City rioht-of-way and other parcels owned by the City. Motion carried 4-0. Item #9 Council Member Sandahl presented Staff Report No. 62 regarding consideration of State of Minnesota Speed Limit Authorization allowing 35 miles per hour speed zone along 76th Street between 1-35W northbound ramp and Penn Avenue. M/Sandahl, S/Rosenberg to accept the Speed Limit Authorization which authorizes a 35 miles per hour speed zone alono 76th Street between the 1-35W NB Ramp and Penn Avenue. Mayor Kirsch said it made sense to be consistent with speed limits. Council Member Sandahl stated major roadways have a speed limit of 35 mph and this road is also divided. Council Member Rosenberg clarified that 76th Street west of Penn Avenue is still 30 mph and requested clear signage be present. Council Meeting Minutes -8- March 22, 2005 Public Works Director Eastling said that limit will not be changed unless the City Council provides direction. He added signage will be clear. Council Member Kilian said most traffic is going 35 mph anyway on this roadway. Motion carried 4-0. Item #10 Mayor Kirsch presented Staff Report No. 63 regarding consideration of a Transportation Committee recommendation regarding a possible location for a transit hub on 1-35W near 1-494. Public Works Director Eastling reviewed the proposed transit hub locations - 76th Street/I- 35W on 82nd Streetll-35W. Both the Bloomington and Richfield Transportation Committees recommend the 82nd Street location. Mayor Kirsch reviewed the advantages for the 82nd Street location. M/Kirsch, S/Rosenberg to accept Transportation Committee recommendation concerninQ possible location for a transit hub on 1-35W near 1-494, "Due to severe desiQn challenQes (proximitv to 1-494 and narrow riQht of way) at 76th Street in Richfield that the discussion of a station location be deferred to BloominQton for further investiQation of the 82nd Street Bus Rapid Transit (BRT) station location option. Council Member Kilian said the 76th Street location is a real challenge since no land is available. Public Works Director Eastling added the right-of-way constraints are severe and the design challenges are difficult. Public Works Director Eastling said the bus rapid transit video will be shown on cable television. Mayor Kirsch suggested the video also be shown at a future Worksession. Motion carried 4-0. The City Council thanked the Transportation Committee for their work on this matter. Item #11 Council Member Kilian presented Staff Report No. 64 regarding consideration of bid minutes/tabulation and award of contracts for pavement management projects: Pearson Bros. Inc. for 2005 Sealcoating work in the amount of $191,793.96 and Valley Paving for 2005 Mill and Overlay work in the amount of $218,613.85. Council Meeting Minutes -9- March 22, 2005 Public Works Director Eastling explained the street repair and replacement costs for residential streets. Timely sealcoatingandrTlill and overlay avoid reconstruction costs. The streets are on borrowed time already. They're 30 years old and it's uncertain how much longer sealcoating will work. The life of a street depends on the sub-base. The time is very close to doing significant mill and overlay work. Public Works Director Eastling discussed the 2002 Pavement Management Survey Report. Public Works Director Eastling explained the franchise fee implemented in 2004 has generated the funding for the City's pavement program. All funding for the surface maintenance contracts will be taken from these funds and sets a precedent. Without these funds, the pavement program does not exist. Mayor Kirsch stated some residents say the streets are already paid for because they were referred to as permanent when the work was done in 1970. Public Works Director Eastling explained a construction alert bulletin will be distributed to the affected area. Mayor Kirsch asked about the bid process. Public Works Director Eastling explained how bids are selected, including checks on the contractors. M/Kilian, S/Rosenberg to accept the bid minutes/tabulation and award of contracts for the followinQ Pavement ManaQement Proiects: . Pearson Bros. Inc. in the sum of $191.793.96 for SealcoatinQ work to be completed in 2005 . \Tci'iiey PavinQ in the sum of $218.613.85 for Mill and Overlay work to be completed in 2005. Motion carried 4-0. Item #12 City Manager Devich reported on the following: . Kari Berman, new MAC representative, will attend the April 26 Council meeting. She requested that she be notified in advance of issues the City Council would like to discuss. The City Council was asked to provide that information to the City Manager's office for forwarding to Ms. Berman. The City Council requested Ms. Berman be invited to the upcoming NOISE Conference. . A recent meeting with Representative Ron Abrams regarding the proposed redevelopment tax increment financing legislation. City Manager Devich said there was a good discussion. . Academy of Holy Angels boys hockey team will be at the April 12 City Council meeting for recognition of winning the State hockey tournament. . Richfield High School boys basketball team will be at the April 26 City Council meeting for being runner-up in the State basketball tournament. Item #13 M/Rosenberg, S/Kilian that the followinQ claims and payrolls be approved: Council Meeting Minutes -10- March 22, 2005 M & I BANK AlP Checks: 139053 - 139363 PAYROLL 18778-19114,39648 - 39654 TOTAL $ 911,582.70 $ 456,907.64 $ 1,368,490.34 Motion carried 4-0. Item #14 The City Council meeting was adjourned by unanimous consent at 8:19 ~.m. () Date Approved: April 12, 2005 ~ /~~ {~ &~~ Cheryl ru holz Recording Secretary CITY OF RICHFIELD, MINNESOTA Bid Opening March 10, 2005 11 :00 a.m. 2005 Concrete Sidewalk/Curb/Gutter Bid No. 05-02 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 2005 concrete sidewalk, curb and gutter repair, as advertised in the official newspaper on February 17, 2005 and the Construction Bulletin on February 18, 2005. Present: Nancy Gibbs, City Clerk Derick Anderson, Public Works Director Representative Cheryl Krumholz, City Manager Representative The following bids were submitted and read aloud: Bidder's Name/City Bond Total Base Bid Baily Construction Cashier's Check $ 66,205.00* Stillwater, MN Provided BCG Construction Provided $ 52,999.75 St. Louis Park, MN Midwest Concrete Specialties Inc. Provided $123,415.00 Rosemount, MN Quality Restoration Services, Inc. Provided $ 65,767.50 Little Canada, MN Ron Kassa Construction Inc. Provided $ 52,045.00 Elko, MN Standard Sidewalk Provided $ 60,465.00 Chisaao City, MN * Denotes corrected figure The City Clerk announced that the bids would be tabulated and considered at the March 22, 2005 City Council Meeting. ~~~ Nancy Gibbs ~ City Clerk CITY OF RICHFIELD, MINNESOTA Bid Opening March 10,2005 11 :15 a.m. 2005 Mill and Overlay Bid No. 05-03 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 2005 Mill and Overlay, as advertised in the official newspaper on February 17, 2005 and the Construction Bulletin on February 18, 2005. Nancy Gibbs, City Clerk Derick Anderson, Public Works Director Representative Cheryl Krumholz, City Manager Representative The following bids were submitted and read aloud: Present: Bidder's Name/City Bond 2 Addendums Total Base Bid Received ACE Blacktop Inc. Provided Yes $223,998.95* Inver Grove Heights, MN Bituminous Roadways Inc. Provided Yes $223,584.80 Shakopee, MN C. S. McCrossan Constr. Inc. Provided Yes $307,015.00 Maole Grove, MN Frattalone Paving Inc. Provided Yes $228,846.01 St. Paul, MN Hardrives Inc. Provided Yes $246,596.55 Roaers, MN McNamara Contracting Inc. Provided Yes $262,233.35 Rosemount, MN Midwest Asphalt Corp. Provided Yes $262,040.73 Hopkins, MN NW Asphalt Inc. Provided Yes $221,271.70 Shakopee, MN Valley Paving Inc. Provided Yes $218,613.85 Shakopee, MN *Denotes corrected fIgure The City Clerk announced that the bids would be tabulated and considered at the March 22,2005 City Council Meeting. ~~ Nancy Gibb City Clerk CITY OF RICHFIELD, MINNESOTA Bid Opening March 10,2005 11:30 am 2005 Bituminous Sealcoat Construction Bid No. 05-04 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 2005 bituminous sealcoat construction, bid no. 05-04, as advertised in the official newspaper on February 17, 2005 and the Construction Bulletin on February 18, 2005. Present: Nancy Gibbs, City Clerk Derick Anderson, Public Works Representative Cheryl Krumholz, City Manager Representative The following bids were submitted and read aloud: Bidder's Name/City Bond Total Bid Amount Allied Blacktop Co. Maple Grove, MN Provided $197,567.44 Astech Corp. St. Joseph, MN Provided $284,912.44 Pearson Bros. Inc. Loretto, MN Provided $191,793.96 The City Clerk announced that the bids would be tabulated and considered at the March 22, 2005 City Council Meeting. \. City Clerk