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09-23-08 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting September 23, 2008 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:00 p.m. ROLL CALL Members Present: Debbie Goettel, Mayor; Susan Rosenberg; Fred Wroge; Sue Sandahl; and Bill Kilian. Staff Present: Steven L. Devich, City Manager; Karen Barton, Acting Community Development Director; Mike Eastling, Public Works Director; Jim Topitzhofer, Recreation Services Director; Chris Regis, Finance Manager; Corrine Heine, City Attorney; and Cheryl Krumholz, Recording Secretary. OPEN FORUM None. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. Item #1 RECOGNITION OF CENTENNIAL BABIES Council Member Rosenberg presented the Centennial Babies certificates from the City of Richfield and gifts provided by Richfield Bloomington Credit Union (RBCU) and Babies’R’Us. Council Meeting Minutes -2- September 23, 2008 Item #2 PRESENTATION OF 2008 LANDSCAPING GOOD NEIGHBOR AWARDS (COUNCIL MEMO NO. 145) Council Member Rosenberg presented the awards to: Best Overall Garden ? Tom and Darlene Lund - 6333 Vincent Avenue ? Darcy and Todd Buelow - 7221 Oliver Avenue ? Joe and Pam Krzyzaniak - 1920 West 76th Street Best Overall Landscaping ? Doris Oberg - 6635 Newton Avenue ? Steve and Julie Schroeder - 7633 Upton Avenue ? Bernice Ruiz - 7305 Emerson Avenue Ellen Stinger, a local artist, will do a watercolor painting for Doris Oberg, who name was randomly drawn. Item #3 INTRODUCTION OF HEREDIA, COSTA RICA GUESTS BY FRIENDSHIP CITY COMMISSION Mayor Goettel presented certificates to Olendia Loaiza, Ines Arrieta Arguedas, and Olga Solis. Item #4 PRESENTATION FROM EHLERS & ASSOCIATES REGARDING TAX ABATEMENT (COUNCIL MEMO NO. 146) Sid Inman, Ehlers & Associates, made a presentation regarding Richfield’s tax abatement tax levy payable in 2009 related to Cedar Point. (City Clerk’s File No. C-442) Council Member Wroge questioned the need for bonding and including the amount in the General Fund. Mr. Inman explained the increased levy is also an increase in the tax capacity so the impact on taxpayers is a net sum zero. COUNCIL DISCUSSION Item #5 ? NATIONAL LEAGUE OF CITIES CONGRESS OF CITIES & EXPOSITION (COUNCIL MEMO NO. 147) ? RESCHEDULE FIRST MEETING IN NOVEMBER TO THURSDAY, NOVEMBER 6 OR MONDAY, NOVEMBER 10 ? HATS OFF TO HOMETOWN HITS ? CONSTRUCTION UPDATE Council Meeting Minutes -3- September 23, 2008 The City Council consensus was to not attend the November 2008 National League of Cities Conference due to economic constraints but consider having the entire City Council attend in 2009 because there will be new City Council members. The City Council consensus was to reschedule the November 11 meeting to Monday, November 10 at 7:00 p.m. Council Member Wroge reported on the success of Cattail Days. Council Member Wroge discussed his concern regarding the City’s kennel (multi-pet) licensing fees and process. It appears disjointed because of the significant difference in fees, i.e. owning three dogs versus two dogs and one cat. He requested this matter be revisited by the City Council in the future. Council Member Kilian requested recognition of Centennial Babies continued into 2009 for those born later in 2008. Council Member Sandahl discussed the City Council consider the League of Women Voters request to hold a naturalization ceremony in Richfield as a part of the City’s Centennial Celebration. The City Council consensus was to support the ceremony. Mayor Goettel stated the Richfield Historical Society has requested a better communication line be established with the City Council. The City Council consensus was to designate Council Member Wroge as liaison. Mayor Goettel requested the City Council re-visit the guidelines of the kind of soil and associated costs used to fill holes left from tree removals because complaints have been received regarding the poor quality. Council Member Sandahl announced the League of Women Voters local legislator and Richfield City Council candidate forum on October 4 in the Council Chambers. Mayor Goettel requested the City Council re-visit the estimated market value requirement of an establishment related to wine and beer licensing to assist in keeping small businesses viable. Public Works Director Eastling provided a project construction update, including the anticipated completion on October 28 of the 76th Street/35W bridge and the 66th Street/Portland Avenue intersection being functionally complete (blacktop, curb, sidewalks) in mid-November but not the landscaping until next season. Item #6 COUNCIL APPROVAL OF AGENDA M/Rosenberg, S/Sandahl to approve the agenda. Motion carried 5-0. Council Meeting Minutes -4- September 23, 2008 Item #7 CONSENT CALENDAR A. Consideration of approval of resolution authorizing City of Richfield’s 2008-2010 Municipal Recycling Grant application and agreement with Hennepin County S.R. No. 221 RESOLUTION NO. 10150 RESOLUTION AUTHORIZING THE CITY OF RICHFIELD’S APPLICATION AND AGREEMENT FOR THE 2008-2010 MUNICIPAL RECYCLING GRANT FROM HENNEPIN COUNTY This resolution appears as Resolution No. 10150. B. Consideration of approval of resolutions appointing additional election judges and high school student trainee election judges for November 4, 2008 General Election S.R. No. 222 RESOLUTION NO. 10151 RESOLUTION APPOINTING ADDITIONAL ELECTION JUDGES FOR THE GENERAL ELECTION OF NOVEMBER 4, 2008 This resolution appears as Resolution No. 10151. RESOLUTION NO. 10152 RESOLUTION APPOINTING HIGH SCHOOL STUDENT TRAINEE ELECTION JUDGES FOR THE GENERAL ELECTION OF NOVEMBER 4, 2008 This resolution appears as Resolution No. 10152. C. Consideration of approval of formalizing permanent street easement for 75th Street adjacent to Donaldson Park S.R. No. 223 D. Consideration of approval of agreement for cost participation between Hennepin County and City of Richfield for construction of pedestrian/bicycle bridge over I-35W along north side of 76th Street S.R. No. 224 E. Consideration of approval of request from State of Minnesota to review request for new currency exchange license for Los Gallos 12 Inc, 6539-14th Avenue, Suite B S.R. No. 225 Item #7E - Council Member Wroge questioned the City’s inability to issue this license and collect fees for staff work. City Manager Devich explained the State has all the licensing ability but the City can deny their request if a reason is found, such as zoning. He added there are other State services done with no City fees charged. M/Goettel, S/Kilian to approve the Consent Calendar. Motion carried 5-0. Council Meeting Minutes -5- September 23, 2008 Item #8 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR None. Item #9 CONSIDERATION OF RESOLUTION AMENDING COOPERATIVE CONSTRUCTION AGREEMENT BETWEEN MINNESOTA DEPARTMENT OF TRANSPORTATION AND CITY OF RICHFIELD ON LYNDALE AVENUE BRIDGE OVER I-494 PROJECT S.R. NO. 226 Council Member Kilian presented Staff Report No. 226. City Attorney Heine explained the resolution to be considered by the City Council is an amendment to the Minnesota Department of Transportation (MnDOT) Cooperative Construction Agreement not a partnership agreement as anticipated. The substance of the terms remains the same. She also discussed MnDOT and Richfield’s financial responsibilities. The risk of cost overrun, related to construction in excess of the budget, is MnDOT’s. Land acquisition costs are shared by Bloomington and Richfield. M/Kilian, S/Goettel that the following resolution be adopted and be made part of these minutes: RESOLUTION NO. 10153 RESOLUTION AUTHORIZING ACCEPTANCE OF AMENDMENT NO. 1 TO STATE OF MINNESOTA COOPERATIVE CONSTRUCTION AGREEMENT NO. 93084 BETWEEN THE MINNESOTA DEPARTMENT OF TRANSPORTATION, AND THE CITY OF RICHFIELD AND THE CITY OF BLOOMINGTON FOR CONSTRUCTION OF THE LYNDALE AVENUE BRIDGE OVER I-494 Motion carried 5-0. This resolution appears as Resolution No. 10153. Item #10 CONSIDERATION OF BID TABULATION AND AWARD CONSTRUCTION CONTRACT FOR LYNDALE AVENUE BRIDGE TO LUNDA CONSTRUCTION IN AMOUNT OF $25,224,917.78 S.R. NO. 227 Council Member Kilian presented Staff Report No. 227. M/Kilian, S/Wroge to approve bid tabulation and award construction contract for Lyndale Avenue Bridge to Lunda Construction in amount of $25,224,917.78. Motion carried 5-0. Council Meeting Minutes -6- September 23, 2008 Item #11 CITY MANAGER REPORT • SCHEDULE TUESDAY, OCTOBER 14 SPECIAL CITY COUNCIL WORKSESSION AT 6 P.M. WITH HUB REPRESENTATIVE REGARDING FUTURE PLANS FOR HUB The City Council consensus was to conduct the October 14 Worksession regarding the HUB and provide a summary at the regular City Council meeting. They requested this meeting be communicated to the public. City Manager Devich announced City Clean Up Day on October 4 from 9 a.m. - 1 p.m. at the Ice Arena parking lot and the Fire Department Open House from 1 - 4 p.m. Item #12 CLAIMS AND PAYROLL M/Wroge, S/Kilian that the following claims and payrolls be approved: U.S. BANK 09-23-08 A/P Checks: 179414 -179834 PAYROLL 52223 - 52552, 41383 - 41386 TOTAL Motion carried 5-0. OPEN FORUM None. $ 1,786,573.57 $ 574,084.05 $ 2,360,657.62 The City Council meeting was adjourned by unanimous consent at 8:25 p.m. Date Approved: October 14, 2008 Cheryl K umhol Recording Secretary CITY OF RICHFIELD, MINNESOTA Bid Opening September 11, 2008 2:00 p.m. 2008 I-494/Lyndale Ave Interchange Reconstruction Bid No. 08-09 Pursuant to requirements of Resolution No. 1015, 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 2008 I-494/Lyndale Ave Interchange Reconstruction, as advertised in the official newspaper on August 21 & 28, 2008 and the Construction Bulletin on August 18 & 25, 2008. Present: Nancy Gibbs, City Clerk Derick Anderson, Civil Engineer Tom Foley, Transportation Engineer Sarah Trumm, Project Engineering Assistant Cheryl Krumholz, City Manager Representative The following bids were submitted and read aloud: Bidder's Name Form 21126D CM 32-34 Non- Collusion Bid Bond Notice to Bidders Total Base Bid C.S. McCrossan, Inc. Provided Provided Provided Provided Provided $26,351,951.66 Edward Kraemer & Sons, Inc. Provided Provided Provided Provided Provided $26,052,969.72 Ames Construction, Inc. Provided Provided Provided Provided Provided $26,247,975.40 Lunda Construction Co. Provided Provided Provided Provided Provided $25,224,917.77 The City Clerk announced that the bids would be tabulated and considered at the September 23, 2008 City Council Meeting. Nancy Gibb City Clerk