07-09-01 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
July 9, 2001
CALL TO ORDER
The meeting was called to order by Mayor Kirsch at 7:00 p.m.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Kirsch led the audience in the Pledge of Allegiance.
ROLL CALL
Members Present:Martin Kirsch, Mayor; Susan Rosenberg; Gertrude Ulrich; and Sue
Sandahl.
Members
Not Present:John Enger.
M/Rosenberg, S/Sandahl to determine the absence of Council Member Enger as an
excused absence.
Motion carried 4-0.
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; Cheryl Krumholz, Recording
Secretary; and Corrine Thomson, City Attorney.
Council Meeting Minutes-2-July 9, 2001
APPROVAL OF MINUTES
M/Rosenberg, S/Sandahl to approve the minutes of the Regular City Council
Meeting of June 25, 2001.
Motion carried 4-0.
Item #1PRESENTATION OF PROCLAMATION DESIGNATING NATIONAL
THERAPEUTIC RECREATION WEEK IN RICHFIELD, JULY 8-14, 2001
Council Member Ulrich read and presented a proclamation designating National
Therapeutic Recreation Week in Richfield, July 8-14, 2001.
Kristin Abel, Adaptive Recreation Supervisor, accepted the proclamation and
explained some of the City’s adaptive recreation programs.
Item #2COUNCIL DISCUSSION ITEMS
M/Sandahl, S/Kirsch to appoint Council Member Rosenberg Acting Mayor Pro
Tempore from July 18-20 because both of them will be absent from the City.
Motion carried 4-0.
Item #3OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS
NOT ON THE AGENDA
None.
Item #4COUNCIL APPROVAL OF AGENDA
Mayor Kirsch removed Item 9 from the agenda as requested by Council Member
Enger and placed it on the July 23 Study Session for Council discussion.
M/Rosenberg, S/Sandahl to approve the agenda as amended.
Council Meeting Minutes-3-July 9, 2001
Motion carried 4-0.
Item #5CONSENT CALENDAR
A.Approved scheduling Special City Council meeting on September 5, 2001 and
September 6, 2001 (if necessary) to review and discuss 2001 Revised/2002
Proposed budget and preliminary tax levy S.R. No. 161
B.Approved two year lease between City of Richfield and Tom Price for rental of 4,690
square foot strip of land along edge of Lincoln Field S.R. No. 162
M/Ulrich, S/Rosenberg to approve the Consent Calendar.
Motion carried 4-0.
Item #6PUBLIC HEARING TO CONSIDER REQUEST BY URS/BRW, INC.,
CONSULTING COMPANY DESIGNING PENN AVENUE BRIDGE OVER I-
494, FOR EXEMPTION TO RICHFIELD’S NOISE ORDINANCE FROM
JANUARY 2002 TO OCTOBER 2002, 6 A.M. TO 11 P.M., MONDAYS
THROUGH SATURDAYS S.R. NO. 163
City Manager Orduno reviewed Staff Report No. 163 regarding consideration of a
request by URS/BRW, Inc., consulting company designing the Penn Avenue bridge over I-
494, for exemption to Richfield’s noise ordinance from January 2002 to October 2002, 6
a.m. to 11 p.m., Mondays through Saturdays.
Robert Hall, 7309 Oliver Avenue, stated he was disturbed by this being another
example of making decisions before all ramifications are considered. He said he was
concerned about the bridge construction timeline and over runs.
Paul Nelson, 6633 16th Avenue, echoed concerns for someone that could not
attend and lives in the apartments on Penn Avenue. He said when City Hall was called to
talk about the concerns, the reply was “that’s the way it is”.
M/Rosenberg, S/Sandahl to close the public hearing.
Motion carried 4-0.
Council Member Sandahl said that in order to complete the project on time, the
noise hours need to be extended. She said the City would work with the contractors to
minimize impacts.
Council Meeting Minutes-4-July 9, 2001
Council Member Ulrich said she supports the noise ordinance exemption because
of the possible effect on small businesses and the cooperation with the City of
Bloomington if the project is extended.
Mayor Kirsch said that it was better to compress the construction timeframe than
extend it.
Council Member Rosenberg said the noise ordinance hours were extended for the I-
35W/66th Street bridge construction.
Public Works Director Eastling said the extension of noise hours is a usual practice
for MnDOT projects so construction is not extended. He said obtaining approval at this
time is the usual process so bidders on the project have the timing available.
City Manager Orduno said the Penn Avenue bridge will be replaced either now or
later so there would be a noise issue at some time.
M/Sandahl, S/Rosenberg to approve the request by URS/BRW, Inc. for an
exemption to Richfield’s Noise Ordinance allowing work on the Penn Avenue bridge
between the hours of 6:00 a.m. and 11:00 p.m., Mondays through Saturdays from January,
2002 until October, 2002.
Motion carried 4-0.
Item #7PUBLIC HEARING REGARDING XCEL ENERGY AGREEMENT TO BURY
OVERHEAD UTILITY LINES ADJACENT TO VETERANS MEMORIAL
PARK OF RICHFIELD AND REQUESTING COLLECTION OF UNFUNDED
COSTS FROM RICHFIELD RATEPAYERS; APPROVING PLANS,
ORDERING PROJECT AND AUTHORIZING AD FOR BIDS FOR MOVING
SIDEWALKS AWAY FROM COUNTY ROADWAYS ADJACENT TO
VETERANS MEMORIAL PARK OF RICHFIELD S.R. NO. 164
Public Works Director Eastling reviewed Staff Report No. 164 regarding the Xcel
Energy Agreement to bury overhead utility lines adjacent to Veterans Memorial Park of
Richfield and requesting collection of unfunded costs from Richfield ratepayers; approving
plans, ordering project and authorizing an ad for bids for moving sidewalks away from
County roadways adjacent to Veterans Memorial Park of Richfield.
Mr. Eastling reviewed the funding mechanisms for the project.
Larry Wozniczka, 6744 Wentworth Avenue, asked if the sidewalk by the Water Plant
would be consistently spaced with the rest of the sidewalk along Portland Avenue.
Mr. Eastling answered yes.
Council Meeting Minutes-5-July 9, 2001
Mr. Wozniczka expressed concern for safety at the corner of 66th Street and
Portland Avenue and asked why the lines were not being placed underground at this time.
He said he was opposed to the assessment on the utility bill for the improvement.
Robert Hall, 7309 Oliver Avenue, said he just learned that the project does not
encompass the entire area.
Public Works Director Eastling explained the availability of federal funding for the
upgrading of the intersection. He said the right of way is not available at the intersection
like it is next to the park.
Mr. Hall said the entire project should be scrapped until the federal funding is
available for the entire area.
Council Member Sandahl asked when federal funding for the intersection would be
available.
Mr. Eastling said the Met Council asked to have the funding wait until after the
Crosstown project, which will be approximately 2005.
Council Member Sandahl asked if there was any reason not to do the park now and
if any additional work would be needed when the intersection was done.
Mr. Eastling answered that minor adjustments to the sidewalk may be necessary.
Council Member Ulrich said the 66th Street/Portland Avenue intersection is
dangerous and disgraceful. She said Portland Avenue improvements are important.
M/Rosenberg, S/Ulrich to close the public hearing.
Motion carried 4-0.
M/Sandahl, S/Kirsch to (1) approve plans and specifications and authorize staff to
advertise for bids for moving sidewalks away from County roads of 66th Street and
Portland Avenue adjacent to Veterans Memorial Park of Richfield, (2) approve the
agreement with Xcel Energy/Northern States Power Company (Xcel) to bury the overhead
utility lines along Portland Avenue from the Water Treatment Plant to the American Legion
Club and along 66th Street from 11th Avenue to the Municipal Swimming Pool, (3)
authorize the Mayor and City Manager to execute said agreement and (4) agree not to
object to Xcel’s request to the Public Utilities Commission (PUC) to collect from Richfield
rate payers the unfunded cost of burying utilities, estimated at $102,200.
Motion carried 3-1. (Rosenberg opposed.)
Council Meeting Minutes-6-July 9, 2001
Item #8CONSIDERATION OF RESOLUTION AUTHORIZING CONDEMNATION
OF 1601 WEST 75TH STREET FOR WIDENING OF 76TH STREET FROM
I-35W TO PENN AVENUE PROJECT S.R. NO. 165
Public Works Director Eastling reviewed Staff Report No. 165 regarding a resolution
authorizing condemnation of 1601 West 75th Street for widening of 76th Street from I-35W
to Penn Avenue project.
M/Rosenberg, S/Sandahl that the following resolution be adopted, that it be spread
in the resolution book and that it be made part of these minutes:
RESOLUTION NO. 9059
RESOLUTION AUTHORIZING AND DIRECTING THE CONDEMNATION
OF CERTAIN PROPERTY FOR STREET PURPOSES
Motion carried 4-0. This resolution appears as Resolution No. 9059 in Resolution
Book No. 72.
Item #9CONSIDERATION OF PARKING, BUILDING IMPROVEMENTS AND
LAND USES AT GRAMERCY PARK S.R. NO. 166
Moved to July 23 City Council Study Session.
Item #10CONSIDERATION OF APPROVING PLANS, ORDERING PROJECT AND
AUTHORIZING AD FOR BIDS FOR DEMOLITION OF BUILDING
NEEDED FOR PENN AVENUE BRIDGE OVER I-494 S.R. NO. 167
Public Works Director Eastling reviewed Staff Report No. 167 regarding approving
plans, ordering project and authorizing ad for bids for demolition of a building needed for
the Penn Avenue bridge over I-494.
M/Sandahl, S/Ulrich to approve plans for demolition of a building, Metro Hyundai
Service Center, 2115 Southtown Drive, Bloomington, needed for the Penn Avenue bridge
over I-494 and authorize staff to advertise for bids.
Motion carried 4-0.
Council Meeting Minutes-7-July 9, 2001
Item #11CONSIDERATION OF AMENDMENT TO DESIGN CONSULTANT
AGREEMENT WITH URS/BRW, INC. FOR PENN AVENUE BRIDGE
PROJECT S. R. NO. 168
Public Works Director Eastling reviewed Staff Report No. 168 regarding an
amendment to the Design Consultant Agreement with URS/BRW, Inc. for the Penn
Avenuebridge project.
City Manager Orduno said she and Mike Eastling recently met with URS/BRW, Inc.
representatives to better understand the design changes made by MnDOT and the need
for the amendment to the existing contract.
Mr. Eastling reviewed the history of the project and the changes in the original
scope of the work resulting in the additional costs. He said URS/BRW should have
received prior approval for the work, but the work needed to be done and URS/BRW was
not ordered to stop so the strict timeline could be maintained.
Council Member Rosenberg asked if the bridge was an unusual design.
Mr. Eastling answered that the removal of the old bridge and putting in a new one
while maintaining an open freeway was more complicated than originally thought. He said
total bridge reconstruction and maintaining a freeway are new projects to the agencies
(Richfield, Bloomington, Hennepin County and MnDOT) involved in the Penn Avenue
bridge. He added that project management was poor and the timeframe was unrealistic.
Council Member Sandahl asked why URS/BRW did not come to the City sooner
when they had reached the limit of the agreement.
Gary Ehret, URS/BRW, Inc. representative, said the original agreement approved
on July 10 was based on the preliminary layout. He explained that I-494 improvements
now being made were not in the original agreement. He said fitting a bridge in with
businesses so close on both sides has not been done before. He added that more time
was spent on getting the job done than on getting paid.
Council Member Sandahl said she understood the work needed to be done, but
doubling the charge was huge.
Public Works Director Eastling said that URS/BRW, Inc. has requested an
additional $90,000 for remaining work needed to be done prior to awarding the
construction contract.
Larry Wozniczka, 6744 Wentworth Avenue, encouraged the City Council to
negotiate the additional amount and said this type of project management was very risky.
Mr. Eastling said he believed URS/BRW put the City’s interest first and their
greatest concern was to move the project forward.
Council Meeting Minutes-8-July 9, 2001
Council Member Ulrich said that the Council knew about the issues brought forward
tonight and was aware of the complexity of the project.
Council Member Sandahl suggested an additional $50,000 - $100,000 reduction in
the URS/BRW payment.
Council Member Rosenberg said the mistake was on the consultant’s and City’s
part and that she would only support the payment of one-half of the amount requested by
URS/BRW.
Council Member Ulrich said she supported Council Member Sandahl’s suggestion.
M/Sandahl, S/Ulrich to approve an additional $86,000 reduction to the staff
recommended $200,000 for a $286,000 total reduction in the $1.125 million payment
requested by URS/BRW as an amendment to the existing consultant agreement for costs
incurred related to several design changes made to the Penn Avenue bridge over I-494
Project and approve an amendment to the consultant agreement for payment of $90,000
to perform remaining tasks prior to the award of the construction contract.
Mayor Kirsch said he agreed with the additional reduction.
Mr. Ehret said he wanted the City to believe they received a good value and was
treated reasonably and fairly. He said work on the project would not stop.
Council Member Sandahl said that future consultant work should be scrutinized by
staff.
Motion carried 3-1. (Rosenberg opposed.)
Item #12AIRPORT AND LEGISLATIVE STATUS REPORT
City Manager Orduno provided a report on the following issues related to this year’s
legislative session:
x
Tax impacts on Richfield
x
Failed airport legislation. No State funds were allocated to continue the buyout
in east Richfield. The City is still working with the $10 million obtained by Sabo.
Item #13CLAIMS AND PAYROLL
M/Rosenberg, S/Sandahl that the following claims and payrolls be approved:
Council Meeting Minutes-9-July 9, 2001
RICHFIELD BANK & TRUST CO.
INT Checks:107199 - 107219$726,202.84
H/C108386 - 108724$509,116.40
PAYROLL25400 - 25671$538,618.74
TOTAL$1,773,937.98
Motion carried 4-0.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 8:25 p.m.
Date Approved:
Martin J. Kirsch
Mayor
Cheryl KrumholzSamantha Orduno
Recording SecretaryCity Manager