04-23-02 Regular
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CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
April 23, 2002
The meeting was called to order by Mayor Kirsch at 6:32 p.m.
Members Present:
Martin Kirsch, Mayor; Susan Rosenberg; Gertrude Ulrich; John Enger; and
Sue Sandahl.
Staff Present:
Samantha Orduno, City Manager; Steven Devich, Administrative Services
Director; Mike Eastling, Public Works Director; Bruce Palmborg,
Community Development Director; Jim Topitzhofer, Recreation Services
Director; Kevin McGinty, Fire Services Director; Nancy Gibbs, City Clerk;
Cheryl Krumholz, Recording Secretary; and Corrine Thomson, City
Attorney.
John Nania, 4529 Nokomis Avenue, Minneapolis, requested the City Council prepare a
proclamation honoring May 13 - 19 as "Falun Dafa Week" in Richfield.
Council Member Rosenberg said she was not familiar with this organization and asked the
City Manager to provide more background information before a proclamation is considered by the
City Council.
Council Member Ulrich expressed concern about this proclamation being related to foreign
policy issues and that the City Council should not be involved.
Robert Hall, 7309 Oliver Avenue, requested his comment on page 9, the first paragraph of
the April 9 Regular City Council minutes be corrected to read "Richfield's average is far longer".
Mayor Kirsch led the audience in the Pledge of Allegiance.
Council Meeting Minutes
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April 23, 2002
The April 9 Regular City Council minutes are amended as requested by Mr. Hall.
M/Rosenberg, S/Sandahl to approve the minutes of the (1) Special City Council
Worksession of April 9. 2002 and (2) Reqular City Council Meetinq of April 9. 2002 as amended.
Motion carried 5-0.
Item #1
Karen Shragg, Wood Lake Nature Center Manager, accepted the Minnesota Shade Tree
Advisory Committee Outstanding Partnership Award presented to Wood Lake Nature Center and
MnDOT for FOWL Children's Forest.
Item #2
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Council Member Rosenberg read and presented to Karen Shragg, Wood Lake Nature Center I
Manager, a proclamation regarding Richfield's observance and celebration of Earth Day.
Item #3
Mayor Kirsch read and presented a proclamation designating May 5 - 12, 2002 Small
Business Week in Richfield to Peggy Hamilton, Richfield Chamber of Commerce representative.
Ms. Hamilton introduced this year's Salute to Small Business award recipients: Larry and
Linda Eastman, from Richfield One-Hour Photo; and Marv Bjugan, from Richfield State Agency.
Item #4
Council Member Sandahl read and presented a Certificate of Recognition to Motor Vehicle
Licensing employees in recognition of their achievement in Deputy Registration accuracy and
customer service ratings from the Minnesota Department of Driver and Vehicle Services.
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Council Meeting Minutes
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April 23, 2002
Item #5
Public Works Director Eastling announced National Public Works Week, May 19 - 23 with the
theme, "Committed to our Communities".
Mr. Eastling read and presented Certificates of Recognition to Public Works employees, Rick
Beane, Scott Provost, Trent Jutting and Pat Dolan, for their achievement in earning their Public
Works certificate.
Item #6
Council Member Enger read the proclamation designating May 5 - 11, 2002 Drinking Water
Week and May 4, 2002 as Drinking Water Day in Richfield.
Public Works Director Eastling read and presented Certificates of Commendation to Public
Works Utilities Division employees, Mike Belland, Robert Hintgen, Jason Stroth (present), and Harvey
Tam, for their work during the April 13 emergency situation with the wastewater lift station at 6907
Humboldt Avenue.
Item #7
Council Member Ulrich read and presented a proclamation designating the month of Mayas
Arbor Month and May 5, 2002 Arbor Day in Richfield to Karen Shragg, Wood Lake Nature Center
Manager.
Item #8
Frank White, Recreation Programs/Athletics Manager, explained the Totally Awesome
Coaches Award program, changing the field of youth sports, sponsored by 3M, Minnesota Twins,
Hennepin County Community Health Department and Richfield Recreation Services Department.
The City Council requested staff to prepare a City Council meeting notice for the May 2,
Congestion Solutions Summitt: A Public Private Partnership for the Future.
Council Member Enger requested the City Council agenda be amended to include Robert Hall
presenting the City Council with a video regarding water quality friendly lawn and landscape practices
and requesting it be aired on cable television Channel 16. He requested the item be added to the
early part of the agenda.
Council Member Sandahl asked why Mr. Hall did not speak on this matter during the Open
Forum.
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April 23, 2002
Council Member Rosenberg suggested Mr. Hall's presentation be at the Open Forum near the
end of the agenda.
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Council Member Enger said he requested the presentation from Mr. Hall during the regular
agenda so the public would be made aware of the video's airing on Channel 16.
Mayor Kirsch said Mr. Hall's presentation would follow the Consent Calendar.
Council Member Rosenberg requested staff to work with Best Buy to have landscaping work
performed along 76th Street first to ease the construction site line that those residents have lived with
for the past several months. She also requested staff contact Best Buy to have the "Construction
Zone - Keep Out" sign on 76th Street and Knox Avenue removed because she finds it insulting and
would like it phrased differently.
Item #9
M/Enger, S/Ulrich to approve the aqenda as amended.
Motion carried 4-1. (Rosenberg opposed.)
Item #10
A. Approved a resolution appointing Jarod Endersbe to the Tourism Board for a three-year term I
S.R. No. 100
RESOLUTION NO. 9166
RESOLUTION APPOINTING A REPRESENTATIVE
TO THE BOARD OF DIRECTORS TO
THE RICHFIELD TOURISM PROMOTION BOARD, INC.
This resolution appears as Resolution No. 9166 in Resolution Book No. 73.
B. Approved award of contract to Allied Blacktop Co. for 2002 bituminous sealcoating project in
the amount of $112,080.84 S.R. No. 101
C. Approved variance extension for Eddie'Z Car Wash, 2816 West 66th Street S. R. No. 102
RESOLUTION NO. 9167
RESOLUTION AUTHORIZING AN EXTENSION FOR THE VARIANCE
GRANTED TO MR. NED ZARECKY-OWNER OF EDDIE'Z AUTO WASH AT
2816 WEST 66TH STREET
(EXTENSION OF VARIANCE #01-VAR-5)
This resolution appears as Resolution No. 9167 in Resolution Book No. 73.
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D. Approved resolution approving the summary legal notice for the zoning ordinance
amendment creating the new Service-Office District S.R. No.1 03
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Council Meeting Minutes
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April 23, 2002
RESOLUTION NO. 9168
RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF
BILL NO. 2002-9
This resolution appears as Resolution No. 9168 in Resolution Book No. 73.
E. Approved resolution approving the summary legal notice for the zoning ordinance
amendment regarding changes to 1) allowable density, 2) minimum lot size required, 3) set-
back requirements and 4) height limits for Cluster Home Developments in the R, MR-1 and
MR-2 districts S.R. No.104
RESOLUTION NO. 9169
RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF
BILL NO. 2002-11
This resolution appears as Resolution No. 9169 in Resolution Book No. 73.
F. Approved resolutions calling for public hearings related to 1) business subsidy criteria for
redevelopment projects, and 2) establishing the City Bella Tax Increment Financing District
S.R. No.1 05
RESOLUTION NO. 9170
RESOLUTION AUTHORIZING A PUBLIC HEARING BY THE CITY COUNCIL ON THE PROPOSED
MODIFICATION OF POLICIES AND CRITERIA FOR AWARDING BUSINESS SUBSIDIES
RESOLUTION NO. 9171
RESOLUTION AUTHORIZING A PUBLIC HEARING BY THE CITY COUNCIL ON THE
PROPOSED ADOPTION OF A MODIFICATION TO THE REDEVELOPMENT PLAN FOR
RICHFIELD REDEVELOPMENT PROJECT AREA, AND THE PROPOSED ESTABLISHMENT
OF THE CITY BELLA TAX INCREMENT FINANCING DISTRICT (A REDEVELOPMENT
DISTRICT) THEREIN, AND THE ADOPTION OF A TAX INCREMENT FINANCING PLAN
THEREFORE
These resolutions appear as Resolution No.'s 9170 and 9171 in Resolution Book No. 73.
G. Approved ten Professional Services Agreements for Airport Noise Acquisition Program S.R.
No. 106
H. Approved consent and conflict waiver for Moss & Barnett regarding representation of the
YMCA for a proposed Tri-City Skate Park Agreement. S.R. No. 107
I. Approved joint powers agreement between the Cities of Richfield, Edina and Bloomington
and the Southdale YMCA to construct and operate the YMCA Tri-City Skate Park S.R. No.
108
J. Approved resolution authorizing Public School Inspection Agreement between the City and
the MN Department of Public Safety, State Fire Marshal Division S.R. No.1 09
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April 23, 2002
RESOLUTION NO. 9172
RESOLUTION AUTHORIZING THE RICHFIELD FIRE DEPARTMENT TO RENEW A CONTRACT
WITH THE STATE FIRE MARSHAL'S OFFICE TO PROVIDE STATE REQUIRED SCHOOL
BUILDING FIRE INSPECTIONS.
This resolution appears as Resolution No. 9172 in Resolution Book No. 73.
K. Removed from the consent calendar and placed on the regular agenda for consideration as
Item 17B.
L. Approved resolution granting lawful gambling license renewal for Minneapolis-Richfield American
Legion Post #435, 6501 Portland Avenue S.R. No. 111
RESOLUTION NO. 9173
A RESOLUTION GRANTING APPROVAL FOR
THE MPLS-RICHFIELD AMERICAN LEGION POST #435, TO CONDUCT LAWFUL GAMBLING
ON THEIR PREMISES, 6501 PORTLAND AVENUE SOUTH
This resolution appears as Resolution No. 9173 in Resolution Book No. 73.
M. Approved resolution granting lawful gambling license renewal for Fred Babcock VFW Post
5555,6715 Lakeshore Drive S.R. No. 112
RESOLUTION NO. 9174
A RESOLUTION GRANTING APPROVAL FOR
FRED BABCOCK VFW POST #5555
TO CONDUCT LAWFUL GAMBLING ON THEIR PREMISES, 6715 LAKESHORE DRIVE
This resolution appears as Resolution No. 9174 in Resolution Book No. 73.
N. Removed from the consent calendar and placed on the regular agenda for consideration as
Item 17A.
Council Member Ulrich asked to remove Item 10N from the Consent Calendar and place it on
the regular agenda.
Mayor Kirsch removed Consent Calendar Item 10N and placed it on the regular agenda as
Item 17A.
Council Member Enger asked to remove Item 1 OK from the Consent Calendar and place it on
the regular agenda.
Mayor Kirsch removed Consent Calendar Item 1 OK and placed it on the regular agenda as
Item 17B.
M/Ulrich, S/Enger to approve the Consent Calendar as amended.
Motion carried 5-0.
Mayor Kirsch asked for a presentation on the Tri-City skate park project
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Council Meeting Minutes
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April 23, 2002
Item #12
Recreation Services Director T opitzhofer reviewed Staff Report No. 115 regarding a
transitory ordinance providing funding for certain capital improvements not previously approved
from Special Revenue Funds, including $80,000 Tri-City Skate Park; $200,000 for Community
Center improvements; and $25,000 for park maintenance.
Recreation Services Director Topitzhofer made a presentation regarding the YMCA/Tri-City
Community Skate Park.
Council Member Enger asked how the Tri-City Park rates compared to other parks.
Recreation Services Director Topitzhofer said a study of Tier II park fees was conducted
and it indicated the Tri-City Park was lower. He said two other YMCA's had rates in the Tri-City
Park range.
Council Member Rosenberg asked about the amenable solution to resident concerns.
Recreation Services Director Topitzhofer explained the revision of the original plan to move
the park farther away from the residents on Xerxes Avenue and closer to the fire station. He said
screening with berms and trees would be installed.
Council Member Enger asked about the parking lot use and entrances from Xerxes
Avenue.
Recreation Services Director Topitzhofer said the small parking lot is owned by Edina and it
is part of the agreement to use it for the skate park. He said there are no parking lot entrances
from Xerxes Avenue.
Woody Duvlea, 7345 Lyndale Avenue, asked about land gradations and water collection
and drainage.
Stefan Helgeson, skate park architect, explained the drainage system for each of the skate
board bowls.
DuJuan Bell, 729 East 77th Street; Tony Nordeen, 7525 Emerson Avenue; Jacob Drew,
7037 Logan Avenue; and Kiel Crumrine, 6644 Oakland Avenue; spoke in support of the skate park.
M/Rosenberg, S/Sandahl to close the public hearinq.
Motion carried 5-0.
M/Sandahl, S/Ulrich that this constitutes the Second Readinq of Bill No. 2002-13, Transitory
Ordinance No. 18.16 providinq for the expenditure of funds from the Special Revenue Fund for
certain capital improvements not previously approved (fundinq for park maintenance in the amount
of $25,000, Community Center renovations in the amount of $200,000 and the Tri-City Skate Park
in the amount of $80,000), that it be published in the official newspaper and that it be made part of
these minutes.
Council Member Rosenberg said the need for the Community Center improvements were
evident at a recent event she attended in that facility.
Motion carried 5-0.
Robert Hall, 7309 Oliver Avenue, said the Richfield Care Team had acquired a video
entitled, "Every Curb is a Shoreline: Urban Watershed Awareness Lawn Care Practices to Protect
Water Quality" and requested the City Council's acceptance of the video and its being aired on the
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April 23, 2002
local cable television Channel 16. He said permission from the University of Minnesota Extension
Service and the Minneapolis Park and Recreation Board had been received.
The City Council accepted the video and requested staff to air it on Channel 16.
Council Member Ulrich explained the League of Women Voters role in making residents
aware of where water drains.
Council Member Sandahl urged residents to clean debris away from catch basins.
Item #11
City Manager Orduno reviewed Staff Report No. 114 regarding a transitory ordinance
establishing new ward boundaries and approval of a resolution establishing boundaries of election
precincts, amending Resolution No. 7858.
City Clerk Gibbs reviewed the boundary changes to the wards and precincts.
Council Member Sandahl explained the need and reason for a smaller Precinct 7.
Council Member Ulrich asked about citizen notification of these changes.
City Clerk Gibbs explained that Hennepin County handles the postal notification of every
registered voter.
City Manager Orduno said information would also be published in the City's newsletter.
M/Rosenberg, S/Sandahl to close the public hearinq.
Motion carried 5-0.
M/Rosenberg, S/Ulrich that this constitutes the Second Readinq of Bill No. 2002-12,
Transitory Ordinance No. 18.15 establishinq new ward boundaries followinq the 2000 census data
and conforminq to redistrictinq requirements pursuant to Minnesota Statutes and the City Charter,
that it be published in the official newspaper and that it be made part of these minutes; and 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. 9175
RESOLUTION ESTABLISHING BOUNDARIES OF ELECTION PRECINCTS;
AMENDING RESOLUTION NO. 7858
[Plan 1 A]
Motion carried. 5-0. This resolution appears as Resolution No. 9175 in Resolution Book
No. 73.
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Council Meeting Minutes
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April 23, 2002
Item #13
City Manager Orduno reviewed Staff Report No. 116 regarding a public auto body garage
conditional use permit to allow a paintless dent removal business to operate at 7524 Lyndale
Avenue.
Community Development Director Palmborg reviewed the conditional use permit
requirements. He explained the two code requirements that are not met. He also reviewed the
additional conditions placed on the business.
Council Member Ulrich asked how maintenance issues, especially the additional conditions,
are monitored and enforced.
Community Development Director Palmborg said that, over the past year, Community
Development staff has begun a process related to follow-up on conditions and on-site evaluations
of the conditional use permit requirements. He said neighbors are also relied upon to contact staff
with any concerns.
Council Member Sandahl asked about landscaping and entrances onto the property.
Community Development Director Palmborg said no landscaping is proposed because the
site is relatively small and the paved area is well utilized by the activities of the business. He
described the curb cuts on the property.
Council Member Ulrich said she couldn't conceive how landscaping would look appropriate;
it would look like it didn't belong.
Council Member Sandahl suggested that the ordinance be amended for future development
to include the requirements of a percentage of landscaping.
Community Development Director Palmborg said that increased landscaping is the long-
range goal for that area.
Jim Vogelgesang, 6429 Pillsbury Avenue and owner of the business requesting the
conditional use permit, explained the current landscaping in the area. He said he was very willing
to cooperate with the City Council's requests and conditions.
Council Member Sandahl requested that flowers be planted and maintained along with the
tree in the planter currently on the property.
Community Development Director Palmborg said staff would determine who is responsible
for the tree.
M/Rosenberg, S/Sandahl to close the public hearinq.
Motion carried 5-0.
M/Sandahl, S/Rosenberg that the followinq resolution with the additional condition that
landscapinq plants be installed and maintained in front of the property be adopted as amended,
that it be spread in the resolution book and that it be made part of these minutes:
RESOLUTION NO. 9176
RESOLUTION AUTHORIZING A CONDITIONAL USE PERMIT FOR
7524 L YNDALE AVENUE SOUTH
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April 23, 2002
Motion carried 5-0. This resolution appears as Resolution No. 9176 in Resolution Book No.
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73.
Council Member Sandahl said she attended the Planning Commission meeting when the
concerns of the neighbors located behind the business was addressed.
Council Member Enger suggested the business have an attractive outside paint scheme.
Item #14
City Manager Orduno reviewed Staff Report No. 117 regarding a resolution approving the
2002-2003 labor contract with the Law Enforcement Labor Services, Inc., Local #225.
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. 9177
RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE
CITY OF RICHFIELD AND
LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL #225
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Motion carried 5-0. This resolution appears as Resolution No. 9177 in Resolution Book No.
73.
Item #15
City Manager Orduno reviewed Staff Report No. 118 regarding a resolution authorizing
MnDOT Agreement No. 83108 which allows reimbursement to the City of Richfield for use of
federal funds in relocating a gas main related to the Penn Avenue bridge over 1-494 project.
M/Ulrich, 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. 9178
RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE MINNESOTA
DEPARTMENT OF TRANSPORTATION (MnDOT)
AGENCY AGREEMENT NO. 83108
FOR FEDERAL PARTICIPATION IN FORCE ACCOUNT WORK I
FOR THE PENN AVENUE BRIDGE PROJECT
CITY PROJECT NO. 401-30-521;
S.P. 157-020-20 AND 157-020-22;
M.P. HPPMN 10(102)
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Council Meeting Minutes
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April 23, 2002
73.
Motion carried 5-0. This resolution ,a~pears as Resolution No. 9178 in Resolution Book No.
Item #16
City Manager Orduno reviewed Staff Report No. 119 regarding an ordinance amendment to
the City Administrative Code describing the term "intermittent employee".
M/Rosenberg, S/Sandahl that this constitutes the Second Readinq of Bill No. 2002-14
amendinq City Administrative Code Section 310, Subsection 310.03, Subdivision 17 describinq the
term intermittent employee, that it be published in the official newspaper and that it be made part of
these minutes.
Motion carried 5-0.
Item #17
City Manager Orduno reviewed Staff Report No. 120 regarding acceptance of $7,000,000
from the Best Buy Company to use in financing the Penn Avenue Bridge Project.
M/Ulrich, S/Rosenberg to accept the contribution of $7,000,000 from the Best Buy
Company for construction of the Penn Avenue Bridqe Proiect.
Motion carried 5-0.
Item #17A
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Council Member Ulrich said she realizes the Cinco de Mayo celebration is an important
occasion to recognize in the community, but she has strong concerns about the noise level of the
music. She said she received several complaints from residents after last year's event. She said
the residents called the police and the noise would decrease, but slowly increase again.
City Manager Orduno said now that staff is aware of complaints, Public Safety will work
closely with Don Pablo's on this issue. She said the police have the authority to close down the
event if the noise continues. She said it is a City Council decision to issue the licenses.
Tod Hanson, 4436 Jackson Street NE, Columbia Heights and Don Pablo's general
manager, said he contacted Public Safety and was informed that no formal complaints had been
received. He explained the sound system setup and design. He said he was willing to negotiate
on the length of the event.
Council Meeting Minutes
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April 23, 2002
Council Member Ulrich said that if Mr. Hanson believes noise levels can be handled, she is
more confident in granting the licenses. She asked Mr. Hanson if the music noise level would
remain lowered if so ordered by the police.
Mr. Hanson said he would try, but could make no guarantee. He said there are police
officers on site at the event.
Council Member Sandahl said she was more comfortable with the event ending at midnight
rather than 1 :00 a.m. on Sunday.
Mr. Hanson said hours were extended for this event as permitted by their liquor license. He
said the event would end at 1 :00 a.m. on Saturday and midnight on Sunday.
Council Member Ulrich said the only complaints she received last year were noise related.
M/Rosenberg, StEnger to approve the itinerant place of amusement. itinerant food, and
temporary intoxicatinq liquor licenses for Don Pablo's, 980 West 78th Street. for their Cinco de
Mayo Celebration to take place on Saturday, May 4 and Sunday May 5, 2002 with the stipulation to
close down the event at midniqht instead of 1 :00 a.m. on Sunday, May 5.
Motion carried 5-0.
Item #178
Council Member Enger said this property had previous issues of parking and vehicle
storage. He said Council Member Rosenberg had concerns previously with this lot especially
related to parking of staff vehicles and used cars. He said staff needed to do a better job of
maintaining an open alley for emergency vehicles.
City Manager Orduno said staff did a good job of monitoring the lot, but the lot owner and
manager did not cooperate.
Council Member Enger said that when he talked to the owner, the parking was rectified.
Mayor Kirsch asked if the alley was posted as emergency lanes.
Council Member Enger said it was posted no parking.
City Manager Orduno said the lot would be closely monitored.
M/Rosenberg, StEnger to approve the request for a new motor vehicle dealer license for
Chas Automotive Group, LLC, d/b/a Richfield Auto Sales, 6529 Penn Avenue South, with the
stipulation that the applicant has obtained the required State of Minnesota Motor Vehicle Dealers
license prior to City licensinq.
Motion carried 5-0.
Item #18
No report.
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Council Meeting Minutes
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April 23, 2002
Item #19
M/Sandahl, S/Rosenberg that the followinq claims and pavrolls be approved:
RICHFIELD BANK & TRUST CO.
I NT Checks: 110725- 110748
HIC 115084 - 115367
PAYROLL 29612 - 29782
TOTAL
$ 65,568.31
$ 641,434.35
$ 484,389.58
$ 1,191,392.24
Motion carried 5-0.
No one addressed the City Council.
The meeting was adjourned by unanimous consent at .8:42 p:m/\. rj r ()
Date Approved: May 14. 2002 qa1~~ )~
Mart"n.J. Klrscb..../
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Cheryl Kfumhol. Samantna Or u 0
Recording Secretary City-M~mager
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CITY OF RICHFIELD, MINNESOTA
Bid Opening
April 2, 2002
11 :00 am
2002 Bituminous Sealcoat Construction
Bid No. 02-03
City Project No. 101-35-601
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 2002 bituminous sealcoat construction,
bid no. 02-03, as advertised in the official newspaper on February 27, 2002.
Present:
Nancy Gibbs, City Clerk
George Atkinson, Public Works Representative
Cheryl Krumholz, City Manager Representative
The following bids were submitted and read aloud:
Bidder's Name/City Bid Security Total Bid Amount
Allied Blacktop Co. 5% Bid Bond $112,080.84
MapleGrove, MN
Astech 5% Bid Bond $152,424.31
Asphalt Surface Technologies Corp
St Cloud, MN
Pearson Bros. Inc. 5% Bid Bond $172,751.59
Loretto, MN
The City Clerk announced that the bids would be tabulated and considered at the April
23, 2002 City Council Meeting.
"1\ (liVvVlv' / -/J~ 1M
Nancy GibbSl) City Clerk