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09-25-07 Regular ....... CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting September 25, 2007 I CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:00 p.m. I ROLL CALL Members Present: Debbie Goettel, Mayor; Sue Sandahl; Fred Wroge; Bill Kilian; and Susan Rosenberg. Staff Present: Steve Devich, City Manager; Bruce Palmborg, Community Development Director; Brad Sveum, Fire Services Director; Bill Fillmore, Municipal Liquor Operations Director; Mike Eastling, Public Works Director; Kristin Asher, Assistant City Engineer; Pam Dmytrenko, Assistant to City Manager; Cheryl Krumholz, Recording Secretary; and Corrine Thomson, City Attorney. I OPEN FORUM Sylvia Jesse, 6612 Logan Avenue, addressed the City Council regarding weeds in her backyard resulting from bad soil after an elm tree removal in 2004 by a contractor hired by the City. She said she filed a claim with the City today but had many conversations with the City's Forester prior to that. She requested the City remove the bad soil and sod the backyard. City Manager Devich acknowledged the claim had been filed today but since this is three years after the fact, it is not automatically done. Public Works Director Eastling explained the elm tree removal process, including the homeowner having the option of using a contractor hired by the City or a private contractor. Ms. Jesse opted to use the contractor hired by the City. In the past, there was a 60-day performance standard and if that was reached, the contractor was relieved of responsibility. The tree removal contract was between the property owner and the contractor; the City facilitated the contract. Mayor Goettel asked if the City requested specs of the soil. Public Works Director Eastling said no because it is a private contract. Council Member Kilian said he has used the same tree removal process and felt it was his responsibility for dealing with the contractor and no help was provided by the City except with the payment plan. Council Meeting Minutes -2':' September 25, 2007 PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Rosenberg, S/Kilian to approve the minutes of (1) Special City Council/HRA/Planninq Commission Worksession of September 11, 2007; (2) Special City Council Worksession of September 11,2007; and (3) Reqular City Council Meetinq of September 11,2007. Motion carried 5-0. Item #1 SWEARING-IN OF RICHFIELD POLICE OFFICER KRISTEN BULLARD Public Safety Director Scott administered the swearing-in of Richfield Police Officer Kristen Bullard. Item #2 COUNCIL DISCUSSION . HATS OFF TO HOMETOWN HITS Council Member Rosenberg acknowledged the efforts of the Transportation Commission regarding the 66th Street/Portland Avenue roundabout. Council Member Wroge discussed flooding problems since 1980's raised by a resident at 7308 First Avenue. Previous City Councils did not have resolution of this issue as a priority. He suggested the current City Council give direction to staff to do a study as soon as possible to determine the best alternatives for the 7300 block of First Avenue to address the flooding. Council Member Sandahl requested the City Council be provided with the background on this Issue. Mayor Goettel said there are also flooding issues on Knox Avenue. She suggested a consultant help with prioritizing the highest risk areas and suggesting mitigation. City Manager Devich discussed the stormwater bonding history and the City Council decisions on how to address this issue. Now there is another stormwater bond so funding is available to review issues again. He said there have been more recent big storms than in the past so flooding is more of an Issue. Council Member Wroge said the most economical solution, including consideration of the buying out of possibly three homes, should be considered. Public Works Director Eastling discussed the status of the Community Services Commission's review of the stormwater plan and that there may be competing concerns so the City Council may need to prioritize the areas to be addressed. Council Meeting Minutes -3- September 25, 2007 Council Member Wroge said this flooding is not a new issue and should be resolved now to make people whole. Council Member Wroge asked how the City handles beggars standing along the highway, specifically referring to the person holding the sign "I'd rather beg than rob". Public Safety Director Scott stated the City of Minneapolis recently amended their ordinance on this issue and it only addresses verbal encounters not signage because of potential conflicts with the First Amendment. City Attorney Thomson said she was not giving an opinion because she has not studied the issue but it appears conduct deemed harassing and disorderly is trying to be addressed not signage which needs close review for First Amendment rights. She said she did not believe the sign constituted a threat. Council Member Wroge stated he disagreed, he did take it as a threat and it should not be tolerated. Richfield needs to be a leader not a follower to regulate behavior. Council Member Sandahl announced the All Veterans Memorial sponsored pancake breakfast at the Community Center on October 7. Mayor Goettel reiterated from the previous City Council meeting, that after Hennepin County Commissioner Randy Johnson sent a memo to the City stating Hennepin County would pull their funding if the 66th Street/Portland Avenue intersection was not a roundabout, she met with him and he has since backed off his stand. She said she also spoke to Jim Grube, Hennepin County Director of Public Works, and he agreed to look at options and keep an open mind. She added that Richfield would not lose funding just because the City is looking at the intersection in a different light. Council Member Sandahl said Mr. Grube is in or will be in the audience tonight. Mayor Goettel acknowledged Mr. Grube as being present. litem #3 I COUNCIL APPROVAL OF AGENDA MlWroge, S/Sandahl to approve the aqenda. Motion carried 5-0. litem #4 I CONSENT CALENDAR A. Approved resolution certifying delinquent sewer and water utility accounts to County Auditor S.R. No. 240 RESOLUTION NO. 9988 RESOLUTION AUTHORIZING CERTIFICATION OF UNPAID SEWER AND WATER SERVICE CHARGES TO THE COUNTY AUDITOR TO BE COLLECTED WITH OTHER TAXES ON SAID PROPERTIES This resolution appears as Resolution No. 9988. Council Meeting Minutes -4- September 25, 2007 B. Approved resolution requesting City Council to call for public hearing on November 13, 2007 to consider proposed adoptions of modifications of City Bella, Interstate-Lyndale- Nicollet, Interchange, Gramercy, Urban Village, Interchange WestlLyndale Gateway, Richfield Rediscovered, Richfield Rediscovered II and Lyndale Gateway West tax increment financing districts S. R. No. 241 RESOLUTION NO. 9989 RESOLUTION AUTHORIZING A PUBLIC HEARING BY THE CITY COUNCIL ON THE PROPOSED MODIFICATION OF THE RICHFIELD REDEVELOPMENT PROJECT AREA AND THE MODIFICATIONS OF THE CITY BELLA, INTERSTATE-L YNDALE-NICOLLET, INTERCHANGE, GRAMERCY, URBAN VILLAGE, INTERCHANGE WEST/L YNDALE GATEWAY, RICHFIELD REDISCOVERED, RICHFIELD REDISCOVERED II, AND L YNDALE GATEWAY WEST TAX INCREMENT FINANCING DISTRICTS. (REDEVELOPMENT DISTRICTS) This resolution appears as Resolution No. 9989. C. Approved scheduling public hearing on October 23, 2007 regarding issuance of new on- sale intoxicating and Sunday liquor licenses with optional 2 a.m. closing for Champps Operating Corporation d/b/a Champps Restaurant, 790 West 66th Street S.R. No. 242 D. Approved purchase of estimated 1,700 tons of winter deicing salt for 2007/08 winter season from North American Salt Company, Overland Park, KS in amount of $47.09 per ton, delivered, plus sales tax S.R. No. 243 E. Approved temporary on-sale 3.2 percent malt liquor license and public dance license for Church of the Assumption Polka Night on September 29,2007 S.R. No. 244 Mayor Goettel asked if Public Safety had any concerns in Item 4C. Public Safety Director Scott said no there is a good working relationship. Council Member Wroge asked if the license is before the City Council because of new ownership. Public Safety Director Scott explained the license cannot be transferred, the new owner needs to reapply. M/Sandahl, S/Wroge to approve the Consent Calendar. Motion carried 5-0. Item #5 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR None. Item #6 PUBLIC HEARING AND SECOND READING OF TRANSITORY ORDINANCE AUTHORIZING SALE OF 6744 BLAISDELL AVENUE TO HRA FOR AFFORDABLE HOME DEVELOPMENT S.R. NO. 245 Council Meeting Minutes -5- September 25, 2007 Council Member Wroge presented Staff Report No. 245. He asked about General Fund expenditures being used. Community Development Director Palmborg stated the funding sources are from Community Development Block Funds and the HRA Housing Fund. Council Member Wroge asked who paid the legal costs. Community Development Director Palmborg said the HRA. M/Kilian, S/Sandahl to close the public hearinQ. Motion carried 5-0. M/Wroge, S/Sandahl that this constitutes the second readinQ of Bill No. 2007-14, Transitory Ordinance No. 18.52 authorizinQ the sale of 6744 Blaisdell to the HousinQ and Redevelopment Authority for affordable home development. that it be published in the official newspaper and that it be made part of these minutes. Motion carried 5-0. Item #7 CONSIDERATION OF SECOND READING OF ORDINANCE RELATING TO INCORPORATION OF STATUES BY REFERENCE; UPDATING REFERENCES TO CURRENT BUILDING AND FIRE CODE REGULATIONS; AMENDING SUBSECTIONS 100.07, 400.03, 400.04, 400.11 AND 400.21 OF RICHFIELD CITY CODE; AND RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE S.R. NO. 246 Council Member Kilian presented Staff Report No. 246. Council Member Rosenberg asked if current construction projects were grandfathered in or exempt from the one-year completion requirement. Fire Services Director Sveum said the year starts when the project first began. Public Safety Director Scott said the current projects would need to reapply for a permit with a new fee. M/Kilian, S/Sandahl that this constitutes the second readinQ of Bill No. 2007-15 to approve ordinance relatinQ to incorporation of statutes bv reference: updatinQ references to current buildinQ and fire code reQulations: amendinQ subsections 100.07, 400.03, 400.04, 400.11 and 400.21 of the Richfield City Code, that it be published in the official newspaper and that it be made part of these minutes, and that the followinQ resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 9990 RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF BILL NO. 2007-15 Motion carried 5-0. This resolution appears as Resolution No. 9990. Council Meeting Minutes -6- September 25, 2007 Item #8 CONSIDERATION OF SECOND READING OF ORDINANCE REGULATING OPEN BURNING, RECREATIONAL FIRES; REQUIRING PERMITS; ADDING SECTION 921 OF RICHFIELD CITY CODE AND RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE S.R. NO. 247 Council Member Sandahl presented Staff Report No. 247. Karen Dziuk, 6815 Nicollet Avenue, spoke against the longer hours for burning and suggested groups such as the Scouts, that wanted to burn at other times should apply for a one- day permit. She stated due to the seasons and/or the close proximity of homes, windows cannot be open because of the odor. Fire Services Director Sveum discussed the criteria to meet nuisance levels of burning. He stated there is no code regulating wood burning stoves other than the UL listing. Karl Ermisch, 6304 Wentworth Avenue, spoke in support of the ordinance so there is enforcement but opposed extending the hours. He understood the ceremonial aspects but issuing permits is difficult. Mayor Goettel stated that if there are problems, the ordinance will be amended as needed. Council Member Sandahl asked when most burning occurs. Fire Services Director Sveum discussed the past year's calls. There is some burning before 6:00 p.m. Council Member Sandahl said she suggested longer hours but was open to shortening them. City Attorney Thomson stated the City Council can always amend an ordinance if determined reasonable. M/Sandahl, S/Kilian to amend ordinance 921.07, subd. 2, para. b, to say between the hours of 3:00 p.m. and 11 :00 p.m. Council Member Wroge said he had no problem with a 3:00 p.m. start but did have a problem of moving the end time from 12:00 to 11 :00 p.m. Fire Services Director Sveum said there typically are very few calls for 11 :00 p.m. burning, generally the calls are for an early start. Council Member Wroge expressed support for the amendment but concern that the City Council heard from only two residents and now the ordinance is changing. Motion carried 4-1. (Rosenberg opposed.) Council Member Kilian stated the ordinance as written may be beyond its intent by including BBQ's using charcoal and smokers. He suggested these be exempt. M/Kilian, S/Goettel to amend ordinance 921.07 bv addinQ Subd.3. CookinQ Fires. BurninQ of dried wood or charcoal is allowed within an outdoor fireplace, barbecue Qrill or smoker for cookinQ purposes. Motion carried 4-1. (Rosenberg opposed.) Council Meeting Minutes -7- September 25, 2007 M/Sandahl, SlWroge that this constitutes the second readinQ of Bill No. 2007-16 to approve the ordinance as amended reQulatinQ openburninQ; reQuirinQ permits; addinQ Section 921 of the Richfield City Code, that it be published in the official newspaper and that it be made part of these minutes, and that the followinQ resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 9991 RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF BILL NO. 2007-16 Motion carried 4-1. (Rosenberg opposed.) This resolution appears as Resolution No. 9991. Item #9 CONSIDERATION OF SECOND READING OF ORDINANCE AMENDMENTS TO CITY ADMINISTRATIVE CODE CHAPTER III SUBSECTION 310.33, SUBDIVISION 1 DESCRIBING VACATION LEAVE ELIGIBILITY; SUBSECTION 310.43, SUBDIVISION 1 DESCRIBING RESIGNATION; AND SUBSECTION 310.51, SUBDIVISION 2 DESCRIBING CANDIDACY LEAVE OF ABSENCE (TABLED FROM SEPTEMBER 11, 2007) S.R. NO. 248 City Manager Oevich presented Staff Report No. 248. M/Rosenberg, S/Sandahl that this constitutes the second readinQ of Bill No. 2007-17 amendinQ City Administrative Code Chapter 3 for the followinQ subsections: Subsection 310.33, Subdivision 1. describinQ vacation leave eliQibilitv. and Subsection 310.43. Subdivision 1, describinQ resiQnations. and Subsection 310.51, Subdivision 2, describinQ candidacy leave of absence, that it be published in the official newspaper and that it be made part of these minutes. Motion carried 5-0. Item #10 CONSIDERATION OF FIRST READING OF PROPOSED AMENDMENT TO CHAPTER IX OF CITY CODE, ADDING NEW SECTION 935 REGARDING SALE OF SPRAY PAINT AND SIMILAR ITEMS AND SCHEDULING SECOND READING FOR NOVEMBER 13, 2007 S.R. NO. 249 Mayor Goettel presented Staff Report No. 249. Council Member Kilian stated he had a problem with this ordinance because the most effective approach to stopping graffiti has been apprehending the individuals, which is a small number of people. He added the City is doing well in catching the vandals. This is another inspection program for retailers when they are not licensed for spray paint sales. He said it is generally ineffective and he would rather have more property maintenance inspections as an expenditure of funds. Council Member Kilian said this ordinance would only be effective for Richfield if other cities also do it. Council Member Wroge said the stores are not opposed and are being cooperative. A significant amount of damage from graffiti can be done in a short periOd of time. He said he was willing to try anything. Council Meeting Minutes -8- September 25, 2007 Mayor Goettel said graffiti instills fear in people. She continued that Representative Linda Slocum is taking this issue up at the State and there would be better momentum if other cities supported restrictions. Mayor Goettel said Bloomington may possibly consider an ordinance. Council Member Sandahl stated this is an additional burden for police but she would support the ordinance since the Police Chief is willing to try it. M/Goettel, SlWroge to approve first readino of the proposed amendment to Chapter IX of the City Code, addino a new Section 935. dealino with the sale of spray paint and similar items and schedule second readino on November 13. 2007. Motion carried 4-1. (Kilian opposed.) Item #11 CONSIDERATION OF: . PLANS FOR 66TH STREET AND PORTLAND AVENUE INTERSECTION RECONSTRUCTION PROJECT, CITY PROJECT 41450, AND . RESOLUTION FOR NO PARKING ON BOTH SIDES OF PORTLAND AVENUE AND 66TH STREET FOR RECONSTRUCTION OF INTERSECTION S.R. NO. 250 Council Member Wroge presented Staff Report No. 250. Council Member Sandahl stated Jim Grube from Hennepin County and Steve Elkins, Bloomington City Council Member were present and if the City Council had no objections, she requested they be invited to address the City Council. Jim Grube, Hennepin County Director of Transportation and County Engineer, stated the Mayor and he met in August and he learned of the City Council's proposal of having a consultant do a peer review of the 66th Street/Portland Avenue intersection. At the request of the Mayor, he had a conversation with that consultant regarding the design of the roundabout and comparisons of a conventional intersection. Mr. Grube discussed his observations related to the roundabouts in Dublin, Ohio as research for the partnership with Hennepin County and Richfield. Mr. Grube discussed the Hennepin County agreement with the City regarding the 66th Street/Portland Avenue intersection and the Richfield Parkway/66th Street roundabout. In the 66th Street/Portland Avenue funding agreement with Hennepin County, the roundabout is stated for the 66th/Portland Avenue intersection and subsequently referred to as "the project". The agreement had been amended to increase funding and now is at $4 million. Mr. Grube said he has watched the September 19 webcast of the City Council meeting when the consultant presented his report to the City Council on the 66th Street/Portland Avenue intersection and he has tried to keep an open mind. He reported on his driving the Richfield Parkway/66th Street roundabout and what he observed by watching traffic, bicycles and pedestrians use the roundabout. As part of his responsibility on behalf of Hennepin County, he tried to approach the intersection review in a fair manner. He added he had read most of the peer review consultant's response to unanswered questions. He said he is comfortable with and believes the roundabout at 66th Street/Portland Avenue is a very legitimate travel management tool for this intersection. Council Meeting Minutes -9- September 25, 2007 Mr. Grube discussed the partnership with the City embarked onin 2006 of vision, courage and leadership. He said he believed thevisiol1 remains .clear for him. Randy Johnson, in his 2006 State of the County address as Chair of the Hennepin County Board of Commissioners, said roundabouts on 66th Street in Richfield are something to take note of and announced the partnership between Hennepin County and Richfield. Mr. Johnson lead the other Hennepin County Commissioners through the agreement with leadership. Mr. Grube stated he understands some questions have not been answered to some people's satisfaction but sometimes there has to be the responsibility of a hard vote taken. He understood the trepidation and public pressures. Mr. Grube said from his perspective, Hennepin County is still visionary and he will recommend to the Hennepin County Board of Commissioners to continue to favor the 66th Street/Portland Avenue roundabout as a reasonable method for this intersection. Hennepin County is reviewing multi-lane roundabouts and conventional intersections in the county, not specifically or exclusively, but keeping an open mind. Council Member Rosenberg asked Mr. Grube about the public education program for acceptance of a roundabout in Dublin, Ohio. Mr. Grube said the Richfield website is interchangeable with Dublin's. He suggested City staff may want to have a conversation with the City of Woodbury regarding their partnership with Washington County for a roundabout. Council Member Rosenberg stated roundabouts will be considered in the future and she discussed a proposed three-lane roundabout at Snelling and University in St.,Paul which would make the one at 66th Street/Portland Avenue appear small. Council Member Sandahl asked Mr. Grube about Dublin's public response to roundabouts. Mr. Grube said Dublin had strong reservations but through leadership and vision, roundabouts were determined the right thing to do. Steve Elkins, Bloomington City Council Member, discussed the reasons Bloomington denied a roundabout and chose a signalized left-turn lane intersection at 90th Street/Nicollet Avenue. The summarized differences in intersection alternatives considered were three areas of concern: right-of- way risk, livability issues and pedestrian safety. He suggested the City Council review the National Cooperative Highway Research Program Report 572 - Roundabouts in the United States. He also discussed Bloomington staff exaggerated the number of accidents at left-turn lane intersections. Mr. Elkins said he personally thinks Bloomington will regret the decision of denying the roundabout. Research is clear to him on the safety of roundabouts. He added that when he is asked about roundabouts he refers them to Richfield's website. Council Member Wroge said he wished those from the Bloomington City Council who voted against the roundabout were present and that he would have known Mr. Grube was going to be present. He said he didn't know the roundabout was going to be debated tonight. He continued that there is a lot of missing information and the consultant who was hired to specifically tell them if the roundabout at 66th Street/Portland Avenue would work; gave them little information. Council Member Wroge said maybe the roundabout was not sold here correctly. Slanted facts keep being discussed and provided. Mayor Goettel asked who invited Mr. Elkins. Council Meeting Minutes -10- September 25, 2007 Council Member Sandahl said she did. Mayor Goettel asked Council Member Sandahl if she invited Mr. Grube as well. Council Member Sandahl said no. Public Works Director Eastling stated Mr. Grube was made aware of this meeting a month ago. Mr. Grube responded that he is responsible for signing the intersection contract plan and if Richfield wishes to change that plan, he will remove his signature and evaluate the position to take on it. He said he takes his position and this responsibility to the County seriously and that's why he was present tonight. He said he has given the Hennepin County message tonight that Hennepin County supports the proposed plan. Council Member Kilian asked Mr. Elkins if the Bloomington decision was based on political purposes, i.e. an election year. Mr. Elkins responded this is not a closely contested election year so, he believed that was a non-factor in the decision. M/Wroge, S/Sandahl to approve plans for the 66th Street and Portland Avenue Intersection Reconstruction Proiect. City Proiect 41450; and that the followinq resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 9992 RESOLUTION RELATING TO TRAFFIC CONTROL SIGNS "NO PARKING" ON PORTLAND AVENUE AND 66TH STREET Council Member Rosenberg expressed appreciation for Mr. Grube's comments and that it clarified a few things for her. She said she supports her previous vote to approve the roundabout because she is satisfied by the research and expert opinions. It is time to go, forward, and provide direction to staff. Public Works Director Eastling stated there is a need for a decision on the plan for federal funding. If the City Council has serious reservations and needs more time, the door is kept open as long as possible. Council Member Rosenberg said Hennepin County's position is clear. She said she deals with the hungry, displaced homeowners and kids on the street - those are real problems - not a streetscape. She asked about the need for another vote. Council Member Wroge stated there should not need to be another vote except on what's before them tonight. The process was slowed down because Council Member Rosenberg wanted more information. Council Member Sandahl said she appreciated the remarks from Mr. Elkins and Mr. Grube. Mr. Tobaben, the independent consultant, confirms through his research, that the roundabout is the right decision and she is very comfortable with it. She added it was not a waste of time or money to have the additional review because more options for bicycle safety were learned. Council Meeting Minutes -11- September 25, 2007 Council Member Kilian stated there have been no accidents in the Richfield Parkway/66th Street roundabout. He requested brochur~s. regarding the roundabout be provided at the Super Target and Home Depot checkout lanes to educate them. Motion carried 5-0. This resolution appears as Resolution No. 9992. Public Works Director Eastling requested the City Council make a motion to include as part of the 66th StreeUPortland Avenue intersection plan, the amendment to the Department of Natural Resources grant related to Veterans Memorial Park of Richfield for the parkland exchange. M/Sandahl, S/Kilian to approve and include as part of the 66th StreeUPortland Avenue intersection plan, the amendment to the Department of Natural Resources orant related to Veterans Memorial Park of Richfield for the parkland exchanoe. Motion carried 5":0. Council Member Wroge asked the City Attorney if it was appropriate to add this item to the agenda at this point. City Attorney Thomson explained the City Council has the ability to amend the agenda and given the unanimous vote, approval is explicit. City Attorney Thomson clarified the future City Council decisions on the 66th StreeUPortland Avenue intersection. Approval of the plans include the roundabout to secure federal funding. If the City Council does not intend to change the design, no City Council vote other than plan approval is needed. If the City Council is interested in exploring further changes in the design, that opportunity, as she understood it, was gone based upon Mr. Grube's saying he would withhold his signature. Public Works Director Eastling stated if the City Council direction is to build the roundabout, a construction contract, which is a separate decision, will be returned to the City Council for consideration. Council Member Sandahl asked if the plan before the City Council tonight includes the bicycle access changes. Public Works Director Eastling said yes. City Manager Devich stated if the City Council direction is to move forward with the roundabout, the bid specifications will be presented to the City Council soon so the best prices can be obtained. . Council Member Wroge said a City Council vote on the 66th StreeUPortland Avenue roundabout was taken one and a half years ago and the process was delayed due to Council Member Rosenberg's request for additional information. Council Member Kilian asked about the timeline on demolition. Public Works Director Eastling said demolition of 6600 Oakland was later on tonight's agenda. Assistant City Engineer Asher stated it was hoped the BP Amoco site would be demolished by now, but staff waited due to the City Council's hesitation on the intersection design. The demolition can be removed from the construction contract and done separ~tely now. Council Meeting Minutes -12- September 25, 2007 Item #12 CONSIDERATION OF CONTRACT FOR DEMOLITION BETWEEN ROGER PETERSON CONSTRUCTION AND CITY OF RICHFIELD FOR DEMOLITION AND ABATEMENT OF HAZARDOUS MATERIALS OF PROPERTY AT 6600 OAKLAND AVENUE TO PREPARE FOR 66TH STREET AND PORTLAND AVENUE INTERSECTION PROJECT AND LAND TRADE WITH TIM TEACHOUT (OWNER OF T& T AUTOMOTIVE) S.R. NO. 251 Council Member Kilian presented Staff Report No. 251. M/Kilian, S/Wroge to authorize the Mayor and City Manager to execute the proposed Demolition Contract between Roger Peterson Construction and the City of Richfield for the demolition and abatement of hazardous materials of the property located at 6600 Oakland Avenue South in Richfield. Motion carried 5-0. Item #13 CONSIDERATION OF LAND EXCHANGE AGREEMENT BETWEEN CITY OF RICHFIELD AND MORRIS NILSEN FUNERAL CHAPEL, INC. FOR ACQUISITION OF LAND AS PART OF 66TH STREET AND PORTLAND AVENUE INTERSECTION PROJECT S.R. NO. 252 Council Member Sandahl presented Staff Report No. 252. City Attorney Thomson reviewed the terms of the land exchange agreement, which were consistent with the discussion at the Special City Council Closed Executive Session. Her review included: Road Parcels, Proposed Land Exchange; City Property and Driveway Easement, Compensation for Road Parcels; Unresolved Issues, Alternatives on Compensation, Site Improvements, Appraisal and Incentive Payment. City Attorney Thomson publicly acknowledged Mr. Nilsen and his attorney for being very cooperative and fair in dealing with the City. M/Sandahl, S/Wroge to authorize the Mayor and City Manager to execute the proposed Land Exchange Agreement between the City of Richfield and Morris Nilsen Funeral Chapel. Inc. for the acquisition of land needed to complete the intersection proiect. Morrie Nilsen, 6725 Portland Avenue, Morris Nilsen Funeral Chapel, Inc., acknowledged the efforts of City staff and City Attorney Thomson in handling his concerns regarding the uncertainties of the intersection that could impact his properties footprint. He added that it is his intent to make the corner an attractive gateway to the community. City Attorney Thomson requested the City Council make a motion to authorize the City Attorney to make technical changes as needed, to the agreement, i.e. legal descriptions to satisfy the Torrens Department. M/Sandahl, S/Kilian to authorize the City Attorney to make technical chanQes as needed to the aQreement. i.e. leQal descriptions to satisfy the Torrens Department. Motion carried 5-0. Council Meeting Minutes -13- September 25, 2007 CITY MANAGER'S REPORT None. litem #14 I CLAIMS AND PAYROLL M/Rosenberg, S/Wroge that the followinq claims and pavrolls be approved: u. S. BANK AlP Checks: 162365 - 162696 PAYROLL 43068 - 43394; 41298 - 41300 TOTAL $ 2,343,715.06 $ 471,372.53 $ 2,815,087.59 Motion carried 5-0. ADJOURNMENT I The City Council meeting was adjourned by unanimous consent at 10:00 p.m. Date Approved: October 9, 2007 ~~.~ Cheryl rumho z Recording Secretary CITY OF RICHFIELD, MINNESOTA Bid Opening September 13, 2007 2:00 p.m. 2007 Demolition of 6600 Oakland Ave. So. Bid No. 07-42 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 the demolition of 6600 Oakland Avenue South, as advertised in the official newspaper on August 30,2007 and the Construction Bulletin on August 27,2007. Nancy Gibbs, City Clerk Cheryl Krumholz, City Manager Representative Kristin Asher, Assistant City Engineer The following bids were submitted and read aloud: Present: Proposed Bidder's Disposal Vendor Subcontractor Qualifications Facility Form Total Bid Form (004336) (004513) (004523) Doboszenski & Sons, Inc. II II II $18,650.00 Loretto, MN Roger Peterson Construction II II II $17,530.00 Blaine, MN Jay Bros., Inc. II II II $19,905.00 Forest Lake, MN The City Clerk announced that the bids would be tabulated and considered at the September 25, 2007 City Council Meeting. .,ry M~ ~ City Clerk