11-07-05 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
November 7,2005
The meeting was called to order by Mayor Kirsch at 6:32 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; Brad
Sveum, Fire Services Director; Bruce Palmborg, Community Development
Director; Chris Regis, Finance Manager; 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/Rosenberg, S/Sandahl to approve the minutes of (1) Special Concurrent City
Council/HRAlPlannina Commission Worksession of October 19. 2005 and (2) Special City Council
Meetina of October 26. 2005.
Motion carried 5-0.
Council Meeting Minutes
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November 7,2005
It m#1
City Manager Devich acknowledged Metropolitan Airports Commissioner Kari Berman's
efforts to help secure Metropolitan Airports Commission's funding to assist with the purchase of
four homes in Richfield in the 65 dnl noise contour.
The City Council thanked Ms. Berman for her assistance.
Item #2
Ron Wilson, Arts Commission Chair, reported on the 2005 accomplishments and 2006
goals, including a new logo for the commission designed by member Kimberly Tornoe.
Council Member Sandahl suggested the Arts Commission work with the Celebration
Commission to prepare for the 2008 Centennial.
Item #3
Rick Jabs, City Hall Task Force Chair, reported on the progress of the research for a site,
funding and design of a new City Hall.
Mr. Jabs announced open forums to seek public input on the project are scheduled for
December 8,6:30 - 8:30 p.m., and December 10,9:30 - 11:30 a.m., in the Council Chambers.
Item #4
Council Member Kilian read the following statement into the record related to a conflict of
interest issue on the Cedar Point project because he lives in the area (Clerk's File No. C-413):
"During the past week I received a call from a constituent that was in disagreement with my
votes on the intersections on 66th Street and other votes in conjunction with the Cedar Point
development. The constituent said I had a conflict of interest, do to my close proximity to a buy-out
area, and should not be involved in decisions relating to development in the Cedar Corridor.
I take an accusation like this very seriously and contacted the City Manager, Steve Devich,
about assuring everyone, including myself, that I was acting responsibly. I was put in touch with
our City Attorney, Corrine Thomson. We, Steve, Corrine and I felt that this should be followed up
with a memo stating Corrine's findings. I need some direction tonight because there are Cedar
Point issues on the agenda, and there will be many more in the future."
Council Meeting Minutes
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November 7, 2005
City Attorney Thomson explained that Council Member Kilian does not have a legally
disqualifying interest related to the project under Minnesota law. He does not have a direct
substantial financial interest in decisions being made even though he owns a home in the area. His
property is not directly impacted.
City Attorney Thomson stated that she has determined Council Member Kilian may
participate in decisions related to the Cedar Point project.
Council Member Rosenberg stated the three presentations tonight should be considered
"Hometown Hits".
Item #5
M/Kilian, S/Rosenberg to approve the aQenda.
Motion carried 5-0.
City Manager Devich explained there were audio and visual technical difficulties with
tonight's cable cast of the beginning of the meeting.
Item #6
A. Approved resolutions levying special assessments for nuisance abatement and weed
destruction against certain properties S.R. No. 200
RESOLUTION NO. 9673
RESOLUTION LEVYING SPECIAL ASSESSMENT
FOR NUISANCE ABATEMENT AND FALSE ALARM FEES
RESOLUTION NO. 9674
RESOLUTION LEVYING SPECIAL ASSESSMENT
FOR WEED DESTRUCTION
These resolutions appear as Resolution No.'s 9673 and 9674 in Resolution Book No. 75.
B. Approved scheduling public hearing on December 13, 2005 for renewal of on-sale wine and
on-sale 3.2 percent malt liquor licenses for 2006 for Red Pepper Chinese Restaurant,
Thompson's Fireside Pizza, Pu'hket Thai Restaurant; Aribel's Restaurant; Chipotle Mexican
Grill of Colorado, LLC dba Chipotle Mexican Grill; The Noodle Shop-Colorado Inc. dba
Noodles and Company S.R. No. 201
C. Approved scheduling public hearing for December 13, 2005 for renewal of on-sale
intoxicating and Sunday liquor licenses for 2006 for MDM EAR dba Backyard Bar and Grill;
Khan's Mongolian Barbeque; Minneapolis-Richfield American Legion Post 435; Fred
Babcock VFW Post No. 5555 dba Four Nickels Food and Drink; Don Pablo's Operating
Corporation dba Don Pablo's; Champps Operating Corporation dba Champps Sports Cafe;
Wiltshire Restaurants, LLC dba Houlihan's Restaurant & Bar; The Frenchmans; and Taco
Morelos S.R. No. 202
Council Meeting Minutes
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November 7, 2005
D. Approved scheduling public hearing on December 13, 2005 for renewal of pawnbroker and
secondhand goods dealer licenses for 2006 for Metro Pawn and Gun, Inc. and Capital Cash,
LLC dba Hy's Pawn S. R. No. 203
E. Approved hiring engineering services from Bonestroo, Rosene, Anderlik & Associates to
prepare plans and specifications for water treatment facility lime sludge press replacement
project for fee of $35,700 plus related reimbursement expenses S.R. No. 204
F. Approved bid minutes/tabulation and award contract to Hawkins, Inc. for 200 tons soda ash
for water treatment for 2006 in amount of $62,294 S.R. No. 205
M/Rosenberg, S/Wroge to approve the Consent Calendar.
Motion carried 5-0.
Item #7
None.
Item #8
Council Member Sandahl presented Staff Report No. 206 regarding a resolution levying
special assessment for improvements to abate public nuisance at 7601 Lyndale Avenue.
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. 9675
RESOLUTION LEVYING SPECIAL ASSESSMENT
FOR NUISANCE ABATEMENT
Motion carried 5-0. This resolution appears as Resolution No. 9675 in Resolution Book No.
75.
Item #9
Council Member Kilian presented Staff Report No. 207 regarding consideration of
Professional Services Agreements with Conworth, Inc. and BCL Appraisers, Inc. for acquisition and
appraisal services for purchase of four properties for new 17th Avenue and East 66th Street
intersection.
Council Meeting Minutes
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November 7,2005
M/Kilian, S/Sandahl to approve the Professional Services Agreement with Conworth. Inc.
and approve the Professional Services Agreement with BCl Appraisals. Inc.
Council Member Wroge asked about these four properties being different than previously
discussed properties needed for the intersection. He expressed concern for an additional cost for
these properties.
Council Member Kilian explained these properties are for bus turnouts and there are two
different parts to the intersection.
City Manager Devich stated costs are not increased. He also explained the funding through
the special assessment process. Most intersection costs are from acquisition.
Motion carried 5-0.
Item #10
Council Member Kilian presented Staff Report No. 208 regarding consideration of consultant
agreements with WSB & Associates to prepare final design of intersection improvements at 66th
Street and Portland Avenue and 66th Street and 17th Avenue.
M/Kilian, S/Sandahl to approve an agreement with WSB & Associates to prepare the final
design of the intersection improvements at 66th Street and Portland for $255.848.
Council Member Wroge asked about allowing residents and businesses that do not want to
leave, to stay as long as possible since the intersection improvement will not begin for three years.
Public Works Director Eastling explained the proper right-of-way certificate is needed by
September 2006 to show the Metropolitan Council. He said he believed the intent is to allow
properties to stay but that will need to be verified.
Motion carried 5-0.
M/Kilian, S/Sandahl to approve an agreement with WSB & Associates to prepare the final
design of the intersection improvements at 66th Street and 17th Avenue for $188.944. with the
stipulation to not exceed incurring costs of $55,000 without prior written approval of the City staff.
Council Member Sandahl asked about the $55,000 being expended prior to the developer
agreement being signed.
Public Works Director Eastling said that amount is not expected to be spent.
Council Member Wrogeasked about the traffic count in the intersection used by the
Transportation Commission and WSB.
Public Works Director Eastling said today there are approximately 10,000 vehicles near 17th
Avenue with an expected increase of 3-4,000 with the new bridge.
Council Member Kilian said peak times and left hand turns should be considered in volume
counts.
Council Meeting Minutes
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November 7,2005
Motion carried 5-0.
Item #11
Mayor Kirsch presented Staff Report No. 209 regarding consideration of the Mayor's
appointment of Housing and Redevelopment Authority Commissioner for five-year term.
M/Kirsch, S/Kilian to appoint David Gepner as HRA Commissioner for a five-year term
expirina 2010.
Council Member Wroge asked the Mayor what process was used to make his decision.
Mayor Kirsch stated he took into consideration Mr. Gepner's experience as former Planning
Commission Chair and his basic knowledge and vision for the City.
Motion carried 4-1. CNroge opposed.)
Item #12
Council Member Kilian presented Staff Report No. 210 regarding consideration of ranking of
state bonding project requests.
M/Kilian, S/Kirsch to aive first rankina consideration to the fundina for the 17th Avenue
Extension (Cedar Corridor) for the 2006 Minnesota Department of Finance Capital Budaet Bondina
Bill.
Public Works Director Eastling stated there are several interests that need to be balanced.
The design is only schematic at this time. The $4 million bonding request includes land and
construction costs through the area. The land use plan is to have a transitional buffer.
Council Member Kilian said 16th/17th Avenue to Taft Park is within the Special TIF District.
City Manager Devich said a specific submittal was made to the State which included a
general sense of how many properties would be taken to make a parkway buffer. The homes taken
would be wood structures trying to withstand airport low frequency noise.
Public Works Director Eastling explained tonight's action is a ranking priority of requests. A
planning analysis for road placement will be done later.
Council Member Kilian said the design is conceptual and will not be finalized before the
funding available is determined.
City Manager Devich said the State might not grant any funding, all the funding requested,
or an amount in between.
Council Member Wroge said he wanted to know how many blocks will be taken, how many
homes and how many people displaced.
Council Meeting Minutes
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November 7,2005
Public Works Director Eastling said generally half the costs are for properties, half is for
construction.
Council Member Kilian said the math works out to approximately eight homes.
Public Works Director Eastling added that more amenities might mean fewer homes taken.
Council Member Sandahl said the purpose is to get people out of harms way of airport
noise.
Motion carried 5-0.
Item #13
City Manager Devich reported that new Runway 17/35 is open but not yet at full capacity. He
explained how City staff is monitoring noise complaints.
Council Member Sandahl encouraged residents to vote in the November 8 School Board
election and on School referendum issues.
Item #14
M/Rosenberg, S/Sandahl that the followina claims and pavrolls be approved:
U. S. BANK
AlP Checks: 145810 - 146150
PAYROLL 25046 - 25390; 41014 - 41021
TOTAL
$ 1,104,469.32
$ 450,632.59
$ 1,555,101.91
Motion carried 5-0.
Date Approved: November 22, 2005
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Cheryl Kru~ f4
Recording Secretary
CITY OF RICHFIELD, MINNESOTA
Bid Opening
October 25, 2005
10:00 a.m.
Water Treatment Plant Chemicals
Soda Ash
City Bid No. 05-11
Pursuant to requirements of Resolution NO.1 015, a meeting of the Administrative Staff
was called by Deborah Guiher, Deputy City Clerk, who announced that the purpose of
the meeting was to receive, open and read aloud, bids for water treatment plant
chemicals - soda ash, as advertised in the official newspaper on October 6 and October
13, 2005 and the Construction Bulletin on October 7 and October 14, 2005.
Present:
Deborah Guiher, Deputy City Clerk
Cheryl Krumholz, City Manager Representative
Judy Disrud, Water Plant Supervisor
The following bids were submitted and read aloud:
Bidder's Name/City Bond Total Base Bid
Thatcher Co. of Montana Cashier's Check $ 77,000.00
Missoula, Montana Unit Price $385.00/ton
Hawkins Inc. Presented $ 62,294.00
Minneapolis Unit Price $311.471ton
The Deputy City Clerk announced that the bids would be tabulated and considered at
the November 7,2005 City Council Meeting.
(jj)~~ C?v ~. -.-J
Deborah Guiher Deputy City Clerk