08-13-01 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
August 13, 2001
CALL TO ORDER
The meeting was called to order by Mayor Kirsch at 7:00 p.m.
ROLL CALL
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; Dan Scott, Public
Safety Director; Jim Topitzhofer, Recreation Services Director;
Cheryl Krumholz, Recording Secretary; and Corrine Thomson, City
Attorney.
OPEN FORUM
Robert Hall, 7309 Oliver Avenue, asked if the Open Forum was part of the official
record.
City Manager Orduno answered yes.
Mr. Hall corrected comments he made at the previous City Council meeting related
to funding for the Best Buy project. He amended his comment regarding whose decision it
was to change the City Council agenda related to the Open Forum. He requested a
tabulation of the amount of City staff time spent on the Best Buy project.
Barbara Lee, 7413 Penn Avenue #10, requested the City stop the garbage haulers
at Lincoln Hills School from coming so early in the morning.
Council Meeting Minutes-2-August 13, 2001
City Manager Orduno said Public Safety would address this concern.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Kirsch led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Rosenberg, S/Sandahl to approve the minutes of (1) City Council Special
Worksession of July 23, 2001; (2) Regular City Council Meeting of July 23, 2001; (3)
Special City Council Closed Executive Session of July 23, 2001; (4) Special Concurrent
City Council and HRA Meeting of July 25, 2001; (5) Special City Council Meeting of July
25, 2001; (6) Special City Council Meeting of July 26, 2001; and (7) Special Concurrent
City Council and HRA Meeting of August 1, 2001.
Motion carried 5-0.
Council Member Ulrich asked for staff to provide further clarification regarding her
planned unit development question and the answer on page 9 of the July 23, 2001 Regular
City Council Meeting minutes. She said amending the minutes was not necessary.
Community Development Director Palmborg said he would provide the City Council
with further clarification in a Council Memo.
COUNCIL DISCUSSION ITEMS
Council Member Sandahl reported on her testifying before the subcommittee on
energy policy, natural resources and regulatory affairs in Washington, DC on July 31
regarding airport noise and air traffic issues. She said she was the only one to address
airport issues experienced by neighborhoods.
Council Member Ulrich reported on her August 7 National Night Out visits. She said
the main topic discussed was related to traffic.
Council Member Ulrich reported on the Association of Metropolitan Municipalities
Revenue Committee meeting of July 17 related to preparing for the next legislative
session.Council Member Ulrich read the following excerpt from the July 17 minutes, “The
Committee suggested consideration of a) local income tax; b) modification to utility right-of-
way charges both overhead and underground to recoup more city ongoing costs; c)
expanded franchise fee authority; d) a new revenue stream for infrastructure replacement
Council Meeting Minutes-3-August 13, 2001
other than the property tax; e) a local surcharge on auto registrations of $10 or $20 per
year; and f) a local option sales tax.” (Clerk’s File No. C-374.)
Mayor Kirsch stated that MnDOT is forming an I-35W/Crosstown Advisory
Committee consisting of State Senators/Representatives, local elected officials and
MnDOT staff to discuss the design options for the Crosstown Commons area. The
Committee has a tentative meeting schedule of September 1, November 15 and
December 15. Dick Stehr, from MnDOT, asked that the City of Richfield name an elected
official to participate on this committee.
M/Kirsch, S/Rosenberg to appoint Council Member Sandahl to the I-35W/Crosstown
Advisory Committee.
Motion carried 5-0.
Item #1COUNCIL APPROVAL OF AGENDA
Mayor Kirsch moved Item 18 to immediately after the Consent Calendar because of
the large number of people in the audience interested in this issue.
M/Kirsch, S/Sandahl to approve the agenda as amended.
Motion carried 5-0.
Item #2CONSENT CALENDAR
A.Approved purchase of Novell computer software licenses and maintenance from
Software House International in amount of $19,173.64 S.R. No. 190
B.Approved canceling regular City Council meeting on Monday, August 27, 2001 S.R.
No. 191
C.Approved bid minutes/tabulation and authorizing purchase and installation of
Demand Control Generation System for Public Safety/City Hall from Ziegler Power
Systems in amount of $220,000 S.R. No. 192
D.Approved final settlement stipulation for acquisition of 6341 Cedar Avenue S.R. No.
193
E.Approved community event celebration license with fee waiver and waiver of City
sign ordinance to allow banner for Richfield Visions, Inc. Richfield Cattail Days,
September 8, 2001, at Veterans Memorial Park of Richfield, 6400 Portland Avenue
S.R. No. 194
Council Meeting Minutes-4-August 13, 2001
F.Approved residential kennel license renewal:
x
6428 Knox Avenue, three dogs S.R. No. 195
x
7232-11th Avenue; three dogs S.R. No. 196
x
7201 Logan Avenue; three dogs S.R. No. 197
x
7308 Sheridan Avenue; three dogs and three cats S.R. No. 198
G.Approved commercial kennel license renewal:
x
Elaine’s Grooming, 7429 Humboldt Avenue S.R. No. 199
x
Animal Care Clinic, 1208 East 66th Street S.R. No. 200
H.Approved veterinary license renewal to operate veterinary clinic at Woodlake
Veterinary Hospital, 6436 Lyndale Avenue S.R. No. 201
I.Approved veterinary license renewal for Veterinary Radiation Therapy Clinic, Inc.,
1208 East 66th Street S.R. No. 202
M/Rosenberg, S/Sandahl to approve the Consent Calendar.
Motion carried 5-0.
Item #18CONSIDERATION OF RECOMMENDATIONS ON 70TH STREET TRAFFIC
CALMING STUDY S.R. NO. 218
City Manager Orduno reviewed Staff Report No. 218 regarding the consideration of
recommendations on the 70th Street traffic calming study.
George Tellgren, 6937 Upton Avenue, spoke against any traffic calming measures
because it only diverts traffic from one neighborhood to another. He said it also will permit
other areas that want calming measures in their neighborhood to come before the City
Council. He suggested that if the speed humps are installed, all the stop signs on 70th
Street need to be removed to see if the calming measure works.
Robert Hanson, 6944 Stevens Avenue, spoke in support of stop signs and supports
the Focus Group’s traffic calming option. He said the speed humps will slow traffic down.
Paul Nelson, 6633 16th Avenue, spoke against stop signs because people do not
stop for them.
Susan Gaulke, 2601 West 70th Street, spoke against the removal of stop signs.
She supported options to slow down traffic.
Roger Thoennes, 7000 Upton Avenue, spoke in support of stop signs because they
slow traffic down better than speed humps.
Council Meeting Minutes-5-August 13, 2001
Bob Shotwell, 7333 Upton Avenue, stated that future road construction projects will
divert traffic to other streets so the arterial and semi-arterial streets need to remain open.
He said the additional traffic may be a burden, but Richfield needs to remain functioning.
Mayor Kirsch asked if the Focus Group recommendations, if approved, were to be
permanent or temporary.
City Manager Orduno said this would be a six-month trial as requested by the Focus
Group.
Council Member Sandahl asked if there was a prediction of what these traffic
calming measures would do to the streets around 70th Street.
Public Works Director Eastling said that neighborhood traffic may divert to another
neighborhood street, but outside traffic may not. He said major streets need to work well
so traffic is not diverted to local streets.
Council Member Rosenberg stated there was wide discussion and several options
were reviewed. She said this was a good exercise in compromise.
Council Member Enger asked if traffic counts had been done on 69th/70th Streets
and York/Xerxes Avenues.
Public Works Director Eastling answered 69th Street is counted every two years
because it’s a state aid street.
Council Member Enger asked that, if humps or something similar are installed,
traffic counts should be done on Xerxes, east and west of 69th and 70th Streets to see if
traffic is diverted or reduced. He requested traffic counts be done on 69th and 70th
Streets after closure of 76th Street to see if traffic increased. If it is, something needs to be
done immediately to impede that traffic. He stated that the City needs to ensure that
humps do not cause flooding or snowplowing problems. He said more information needs
to be gathered before making a decision.
Mayor Kirsch asked the cost of the humps.
Public Works Director Eastling said the humps are made of blacktop that can be
removed. The cost is approximately $10,000.
Council Member Ulrich stated she tends to be skeptical of traffic calming measures
because traffic is diverted to another street.
Council Member Rosenberg said she believes speed humps work and that there
are no snowplowing problems.
M/Rosenberg, S/Kirsch to accept the 70th Street Traffic Calming Focus Group
recommendations on Penn and Xerxes Avenues/69th, 70th and 70 1/2 Streets.
Council Member Sandahl said that the costs need to be considered in the event
other neighborhoods want traffic calming on their streets. She supported doing the
Council Meeting Minutes-6-August 13, 2001
calming on a temporary basis. She asked how the residents on 69th Street felt about this
matter.
Robert Hanson, 6944 Sheridan Avenue, said 69th Street is a different kind of street
than 70th Street and he doesn’t believe traffic will be diverted.
Council Member Sandahl asked how this would be paid for due to the budget
crunch.
City Manager Orduno said the City Council should direct staff to find the funding
source for the traffic calming on 70th Street and report it to the public so they know the
costs in the event another neighborhood requests calming measures.
Council Member Rosenberg said the 70th Street traffic issues were on-going for
several years. She said other neighborhoods would have to be reviewed and studied
extensively. She believes these options are the least intrusive at this point.
Council Member Enger suggested an addition to the motion regarding the recovery
of some of the costs. He said a police officer could be present in the area to write tickets
for speeders and stop sign violators.
Council Member Sandahl requested staff provide a report on funding options and
present a proposal to the City Council. She suggested a comparison of traffic counts
related to the 76th Street closure and the difference the speed humps make.
Council Member Rosenberg asked if it was realistic to have a police officer in the
area on increased patrol.
Public Safety Director Scott said that the area could be made a priority, but it is a
request many neighborhoods make.
Mayor Kirsch asked for the motion to be restated.
City Manager Orduno stated the motion as moving forward in concept with the
recommendations of the 70th Street Traffic Calming Focus Group for two speed humps on
70th Street, two speed humps on 70 1/2 Street and three-way stop signs at the T-
intersection of 70 1/2 Street and Xerxes Avenue and a sign encouraging motorists to drive
slowly on 70th Street at the Edina border for a six-month trial period; and staff to return to
the City Council in September with funding options, increased attention to enforcement of
traffic laws and traffic count comparisons.
Mayor Kirsch requested the Recording Secretary to conduct a roll call vote.
Motion carried 5-0. Council Member Ulrich stated that this approval is in concept
only, and a final decision will be made after the trial period report.
Council Meeting Minutes-7-August 13, 2001
Item #3PUBLIC HEARING AND CONSIDERATION OF NEW 2001 PAWNBROKER
AND SECONDHAND GOODS DEALER LICENSES FOR CAPITAL CASH
LLC, D/B/A HY’S PAWN, 6414 NICOLLET AVENUE S.R. NO. 203
City Manager Orduno reviewed Staff Report No. 203 regarding consideration of the
new 2001 Pawnbroker and Secondhand Goods Dealer Licenses for Capital Cash LLC,
d/b/a Hy’s Pawn located at 6414 Nicollet Avenue.
Council Member Ulrich asked if the cost of the background investigation was paid
by the applicant. She said budget restraints require this fee not be free.
City Manager Orduno said it was factored in with the cost of the license. She said
the Legislature is requiring cities to review and justify their user fee based services.
Jim Yarush, attorney representing Hy’s Pawn, said the business is looking forward
to operating in Richfield.
M/Rosenberg, S/ Sandahl to close the public hearing.
Motion carried 5-0.
M/Sandahl, S/Rosenberg to approve the issuance of the new pawnbroker and
secondhand goods dealer licenses for Capital Cash LLC, d/b/a Hy’s Pawn, 6414 Nicollet
Avenue South.
Motion carried 5-0.
Item #4PUBLIC HEARING AND SECOND READING OF ORDINANCE
AMENDMENT REZONING PARCEL AT 6937 PENN AVENUE AND 14
SOUTHERLY FEET OF PARCEL AT 6933 PENN AVENUE FROM
SINGLE FAMILY RESIDENTIAL TO NEIGHBORHOOD COMMERCIAL
S.R. NO. 204
City Manager Orduno reviewed Staff Report No.204 regarding an ordinance
amendment rezoning a parcel at 6937 Penn Avenue and 14 southerly feet of parcel at
6933 Penn Avenue from single family residential to neighborhood commercial.
George Tellgren, 6937 Upton Avenue, commented on the attractiveness of Dr.
Johnson’s property.
M/Rosenberg, S/Sandahl to close the public hearing.
Motion carried 5-0.
Council Meeting Minutes-8-August 13, 2001
M/Ulrich, S/Rosenberg that this constitutes the Second Reading of Bill No. 2001-13
approving rezoning the parcel at 6937 Penn Avenue and the 14 southerly feet of the parcel
at 6933 Penn Avenue from R to C-1, that it be published in the official newspaper and that
it be made part of these minutes.
Motion carried 5-0.
Item #5CONSIDERATION OF RESOLUTION REGARDING SUBDIVISION
WAIVER FOR 6933 PENN AVENUE S.R. NO. 205
City Manager Orduno reviewed Staff Report No. 205 regarding consideration of a
resolution for a subdivision waiver for 6933 Penn Avenue.
M/Sandahl, S/Rosenberg 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. 9069
RESOLUTION AUTHORIZING A SUBDIVISION WAIVER
6933 PENN AVENUE
Motion carried 5-0. This resolution appears as Resolution No. 9069 in Resolution
Book No. 73.
Item #6PUBLIC HEARING AND SECOND READING OF TRANSITORY
ORDINANCE AUTHORIZING SALE OF 6933-37 PENN AVENUE TO DR.
DONALD JOHNSON FOR CREATION OF PARKING LOT ADJACENT TO
6945 PENN AVENUE S.R. NO. 206
City Manager Orduno reviewed Staff Report No. 206 regarding consideration of a
transitory ordinance authorizing the sale of 6933-37 Penn Avenue to Dr. Donald Johnson
for the creation of a parking lot adjacent to 6945 Penn Avenue.
M/Rosenberg, S/Ulrich to close the public hearing.
Motion carried 5-0.
M/Rosenberg, S/Sandahl that this constitutes the Second Reading of Bill No. 2001-
14 Transitory Ordinance No. 18.08 authorizing the sale of property at 6933-37 Penn
Avenue to Dr. Donald Johnson for the creation of a parking lot adjacent to 6945 Penn
Avenue, that it be published in the official newspaper and that it be made part of these
minutes.
Motion carried 5-0.
Council Meeting Minutes-9-August 13, 2001
Item #7CONSIDERATION OF RIGHT OF ENTRY AGREEMENT BETWEEN DR.
DONALD JOHNSON, 6945 PENN AVENUE, AND CITY OF RICHFIELD S.
R. NO. 207
City Manager Orduno reviewed Staff Report No. 207 regarding the consideration of
a Right of Entry Agreement between Dr. Donald Johnson, 6945 Penn Avenue, and the City
of Richfield. She said that a revised Right of Entry Agreement was distributed to the City
Council tonight, but the revisions were not substantive.
M/Rosenberg, S/Sandahl to authorize execution of the revised Right of Entry
Agreement.
Motion carried 5-0.
Item #8CONSIDERATION OF RESOLUTION FOR OFF-STREET PARKING
PERMIT AT 6945 PENN AVENUE S. R. NO. 208
City Manager Orduno reviewed Staff Report No. 208 regarding the consideration of
a resolution for an off street parking permit at 6945 Penn Avenue.
Mayor Kirsch commented that the parking lot landscaping goes to the southern
edge of the holding pond.
Public Works Director Eastling said a landscaping plan will be implemented for the
backside and northern edge of the pond.
Council Member Enger asked if the holding pond alleviated all the flooding
problems in this area.
Public Works Director Eastling said it addressed the major flooding issues.
Council Member Rosenberg said this has been a long-term issue and she was
pleased to have it finally completed.
M/Rosenberg, S/Kirsch 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. 9070
RESOLUTION GRANTING AN OFF STREET PARKING PERMIT
AT 6945 PENN AVENUE
Motion carried 5-0. This resolution appears as Resolution No. 9070 in Resolution
Book No. 73.
Council Meeting Minutes-10-August 13, 2001
Item #9PUBLIC HEARING AND CONSIDERATION OF:
x
CREATION OF SPECIAL ASSESSMENT DISTRICT FOR FINANCING
LOAN FROM TRANSPORTATION REVOLVING LOAN FUND FOR
PARTIAL FINANCING OF PENN AVENUE BRIDGE PROJECT
x
RESOLUTION ORDERING REPLACEMENT OF PENN AVENUE BRIDGE
OVER I-494 IMPROVEMENT PROJECT AND PREPARING PLANS AND
SPECIFICATIONS S. R. NO. 209
City Manager Orduno reviewed Staff Report No. 209 regarding consideration of the
creation of a special assessment district for financing a loan from the Transportation
Revolving Loan Fund for partial financing of the Penn Avenue bridge project and a
resolution ordering the replacement of the Penn Avenue bridge over I-494 improvement
project and preparing plans and specifications. She also reviewed the project funding
sources used to pay the interest. She said no General Fund money is to be used.
City Attorney Thomson said that if the loan were issued today the interest rate
would be very favorable (1.9 – 1.94%), but issuance is not anticipated until September.
Robert Hall, 7309 Oliver Avenue, asked if the citizens would be responsible for
payment of the interest.
City Manager Orduno answered that no General Fund money would be used for the
project.
M/Rosenberg, S/Ulrich to close the public hearing.
Motion carried 5-0.
M/Ulrich, S/Rosenberg to approve the creation of a special assessment district for
financing a loan from the Transportation Revolving Loan Fund for partial financing of the
Penn Avenue bridge project and 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. 9071
RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND
SPECIFICATIONS
Motion carried 4-1. (Enger opposed.) This resolution appears as Resolution No.
9071 in Resolution Book No. 73.
Council Meeting Minutes-11-August 13, 2001
Item #10CONSIDERATION OF RESOLUTION AUTHORIZING AGENCY
AGREEMENT NO. 82237 WHICH ALLOWS FOR MNDOT TO REIMBURSE
CITY OF RICHFIELD FOR TRANSPORTATION REVOLVING LOAN USING
FEDERAL FUNDS IN CONNECTION WITH PENN BRIDGE OVER I-494
PROJECT S. R. NO. 210
City Manager Orduno reviewed Staff Report No. 210 regarding consideration of a
resolution authorizing the Agency Agreement No. 82237 which allows for MnDOT to
reimburse the City of Richfield for a Transportation Revolving Loan using Federal funds in
connection with the Penn bridge over I-494 project.
M/Ulrich, 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. 9072
RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE
MINNESOTA DEPARTMENT OF TRANSPORTATION (MnDOT)
AGENCY AGREEMENT NO. 82237
FOR FEDERAL PARTICIPATION IN ADVANCE CONSTRUCTION
FOR THE PENN AVENUE BRIDGE PROJECT
CITY PROJECT NO. 401-30-521;
S.P. 2785-328, 27-632-22 AND 157-020-20;
M.P. ACIM-HPPMN 10(102)
City Attorney Thomson requested that the resolution be revised to add the following
paragraph:
BE IT FURTHER RESOLVED
, the Mayor and City Manager are further authorized
to negotiate and execute an amendment to said agreement that modifies paragraphs I.C.
and II.C thereof by changing the October 1, 2005 date to a date no earlier than August 1,
2005.
M/Ulrich, S/Sandahl to amend the previous motion to include the additional
paragraph revision suggested by the City Attorney in the Resolution.
Motion carried 4-1. (Enger opposed.) This resolution appears as Resolution No.
9072 in Resolution Book No. 73.
Item #11CONSIDERATION OF RESOLUTION REQUESTING VARIANCE FROM
MUNICIPAL STATE AID RULES TO REIMBURSE CONSTRUCTION
COSTS OF PENN AVENUE BRIDGE PROJECT USING
TRANSPORTATION REVOLVING LOAN FUNDS S. R. NO. 211
Council Meeting Minutes-12-August 13, 2001
City Manager Orduno reviewed Staff Report No. 211 regarding consideration of a
resolution requesting a variance from Municipal State Aid Rules to reimburse construction
costs of the Penn Avenue bridge project using the Transportation Revolving Loan Funds.
Council Member Rosenberg called point of order stating she did not hear Council
Member Enger’s vote on the previous item.
Council Member Enger answered that he voted no.
Council Member Sandahl said that if a variance is not granted, the City would pay
an additional $100,000 - $300,000 in interest on the Transportation Revolving Loan Fund.
M/Sandahl, S/Ulrich 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. 9073
RESOLUTION REQUESTING A VARIANCE FROM
MUNICIPAL STATE AID RULES
Motion carried 4-1. (Enger opposed.) This resolution appears as Resolution No.
9073 in Resolution Book No. 73.
Item#12CONSIDERATION OF WORK ORDER NO. 14 WITH SEH, CONSULTING
ENGINEERING COMPANY, TO PROVIDE FIELD ENGINEERING AND
INSPECTION SERVICES IN AMOUNT OF $499,757 TO WIDEN 76TH
STREET BETWEEN I-35W AND SHERIDAN AVENUE, RECONSTRUCTING
KNOX AVENUE SOUTH OF 76TH STREET, PENN AVENUE BETWEEN
75TH STREET AND NEW BEST BUY ENTRANCE AND WIDENING I-35W
OFF-RAMP TO 76TH STREET S. R. NO. 212
City Manager Orduno reviewed Staff Report No. 212 regarding consideration of
Work Order No. 14 with SEH, Consulting Engineering Company, to provide field
engineering and inspection services in the amount of $499,757 to widen 76th Street
between I-35W and Sheridan Avenue, reconstructing Knox Avenue south of 76th Street,
Penn Avenue between 75th Street and the new Best Buy entrance and widening I-35W off
ramp to 76th Street.
M/Sandahl, S/Rosenberg to approve Work Order No. 14 in the amount of $499,757
with SEH Inc. to provide field engineering and inspection services for City Project No. 401-
30-513, widen 76th Street from west of Penn Avenue to I-35W.
Council Member Enger requested that the City Council and the public be provided
with original, current and future estimated expenditures and revenues related to the Best
Buy project. He also wants updates provided as things change.
Council Meeting Minutes-13-August 13, 2001
Council Member Enger asked if MnDOT or BRW/URS designed the Penn Avenue
bridge.
City Manager Orduno replied that no City can design a bridge without MnDOT’s
involvement, therefore BRW/URS has coordinated the design with MnDOT on the City’s
behalf.
Council Member Sandahl requested a total cost of the lawsuits against the City
related to the Best Buy project. She also wants a summary of costs to put all this Best Buy
information together.
City Manager Orduno said the expenses related to the lawsuits are paid from the
General Fund.
Motion carried 4-1. (Enger opposed.)
Item#13CONSIDERATION OF REMOVAL OF STOP SIGN AT 78TH STREET AND
KNOX AVENUE S.R. NO. 213
City Manager Orduno reviewed Staff Report No. 213 regarding considerationof the
removal of a stop sign at 78th Street and Knox Avenue.
M/Ulrich, S/Rosenberg to authorize the removal of the stop sign at 78th Street and
Knox Avenue.
Council Member Enger said he would support the removal of this stop sign because
it eases traffic congestion in the area. He suggested the radius on the corner be increased
and the curve redefined.
Motion carried 5-0.
Item#14CONSIDERATION OF SUBMITTING FEDERAL TRANSPORTATION
GRANT APPLICATION UNDER TEA-21 PROGRAM FOR REPLACEMENT
OF LYNDALE AVENUE BRIDGE OVER I-494 S.R. NO. 214
City Manager Orduno reviewed Staff Report No. 214 regarding consideration of
submitting a Federal Transportation Grant Application under TEA-21 Program for
replacement of the Lyndale Avenue bridge over I-494.
M/Ulrich, S/Sandahl to approve the submission of a federal transportation grant
application under the TEA-21 program for replacement of the Lyndale Avenue bridge over
I-494.
Council Meeting Minutes-14-August 13, 2001
Council Member Enger asked how the Penn Avenue bridge reconstruction moved
ahead of the Lyndale Avenue bridge reconstruction.
Public Works Director Eastling discussed how the MnDOT and Met Council
adjusted their programming of projects to accommodate the Penn and Lyndale Avenues
bridge projects.
Council Member Enger asked if the Lyndale bridge design was yet decided.
Public Works Director Eastling replied that there is a staff approved layout, but
considerable discussion is still necessary regarding the design phase with MnDOT.
Council Member Enger said all the I-35W and I-494 interchanges in this area need
to be carefully reviewed to see how they work together.
Motion carried 5-0.
Item#15CONSIDERATION OF SECOND READING OF ORDINANCE AMENDMENT
RELATING TO REGULAR MEETINGS OF CITY COUNCIL; AMENDING
SUBSECTION 205.01 OF RICHFIELD CITY CODE S.R. NO. 215
City Manager Orduno reviewed Staff Report No. 215 regarding the second reading
of an ordinance amendment relating to regular meetings of the City Council; amending
subsection 205.01 of the Richfield City Code.
Council Member Enger said the Planning Commission and Community Services
Commission meetings need to be scheduled so they’re not in conflict with the Tuesday
City Council meetings.
City Manager Orduno said this scheduling would be reviewed.
M/Rosenberg, S/Sandahl that this constitutes the Second Reading of Bill No. 2001-
15 approving amendment relating to regular meetings of the City Council; amending
Subsection 205.01 of the Richfield City Code, that it be published in the official newspaper
and that it be made part of these minutes.
Motion carried 5-0.
Council Meeting Minutes-15-August 13, 2001
Item#16CONSIDERATION OF SECOND READING OF ORDINANCE AMENDMENT
TO CITY ADMINISTRATIVE CODE CHAPTER III, SUBSECTION 310.33
DESCRIBING VACATION LEAVE AND 310.37 DESCRIBING PERSONAL
LEAVE S.R. NO. 216
City Manager Orduno reviewed Staff Report No. 216 regarding consideration of a
second reading of an ordinance amendment to City Administrative Code Chapter III,
Subsection 310.33 describing vacation leave and 310.37 describing personal leave.
Council Member Enger asked if personal leave was in lieu of sick leave.
Administrative Services Director Devich replied that sick leave was eliminated and
replaced with personal leave many years ago.
M/Ulrich, S/Sandahl that this constitutes the Second Reading of Bill No. 2001-16
approving ordinance amendment to the City Administrative Code Chapter III, Subsection
310.33 describing vacation leave and 310.37 describing personal leave, that it be
published in the official newspaper and that it be made part of these minutes.
Motion carried 5-0.
Item#17CONSIDERATION OF RESOLUTION APPROVING PROVISIONS OF 2001-
2002 LABOR AGREEMENT WITH LAW ENFORCEMENT LABOR
SERVICES, INC. LOCAL #162S.R. NO. 217
City Manager Orduno reviewed Staff Report No. 217 regarding consideration of a
resolution approving provisions of the 2001-2002 Labor Agreement with Law Enforcement
Labor Services, Inc. Local #162.
M/Sandahl, S/Rosenberg 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. 9074
RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE
CITY OF RICHFIELD AND
LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL #162
Motion carried 5-0. This resolution appears as Resolution No. 9074 in Resolution
Book No. 73.
Council Meeting Minutes-16-August 13, 2001
Item#19CONSIDERATION OF AWARD OF CONTRACT TO DMJ CORPORATION
FOR CONSTRUCTION OF NEW BLACKTOPPED SIDEWALKS ON
PORTLAND AVENUE AND 66TH STREET ADJACENT TO VETERANS
MEMORIAL PARK OF RICHFIELD IN AMOUNT OF $108,099.75 S.R. NO.
219
City Manager Orduno reviewed Staff Report No. 219 regarding the award of a
contract to DMJ Corporation for construction of new blacktopped sidewalks on Portland
Avenue and 66th Street adjacent to Veterans Memorial Park of Richfield in the amount of
$108,099.75.
M/Engerto further evaluate the construction of the sidewalks because originally the
sidewalks were to be concrete, but the contract now is for bituminous sidewalks and to get
bids for a five-foot wide concrete sidewalk so it’s not so close to the trees to allow for
adequate snow storage.
Council Member Ulrich asked why Council Member Enger objected to bituminous
sidewalks.
Council Member Enger said that with his snowplowing experience with the City of
St. Paul, blacktopped sidewalks do not last and need more maintenance.
Council Member Ulrich asked staff if there has been any issues with blacktopped
sidewalks.
Public Works Director Eastling said there has not been a problem with deterioration.
He said Recreation Services requested blacktop because it appeared to fit and work better
for users. He said Public Works had no maintenance concerns with blacktop.
Council Member Sandahl said she trusted staff in making sure the tree distance for
snow storage was adequate so the trees were not damaged.
Mayor Kirsch asked about the concrete cost estimate.
Public Works Director Eastling said it could be a significant increase.
Motion failed due to lack of a second.
M/Sandahl, S/Rosenberg to award a contract to DMJ Corporation in the amount of
$108,099.75 for the construction of new blacktopped sidewalks on Portland Avenue and
on 66th Street adjacent to Veterans Memorial Park of Richfield with the understanding the
sidewalks will be at least 10 feet behind the curb to ensure the trees are safe and there is
adequate snow storage, and if there is a concern, staff will make the appropriate
adjustments to avoid those problems.
Motion carried 5-0.
Council Meeting Minutes-17-August 13, 2001
Item#20CONSIDERATION OF LEASE BETWEEN MNDOT AND CITY OF
RICHFIELD FOR DEVELOPMENT OF PARKING LOT AT DIAGONAL
BOULEVARD AND CEDAR AVENUE AND LICENSE AGREEMENT
BETWEEN CITY OF RICHFIELD AND TRANSMISSION SHOP, INC., 6958
CEDAR AVENUE S.R. NO. 220
City Manager Orduno reviewed Staff Report No. 220 regarding consideration of a
lease between MnDOT and the City of Richfield for development of a parking lot at
Diagonal Boulevard and Cedar Avenue and a License Agreement between the City of
Richfield and Transmission Shop, Inc., 6958 Cedar Avenue.
City Manager Orduno said the signing of this agreement means the City Council
acknowledges and agrees to a 10-year lease agreement that redevelopment of this area
cannot take place by the City; but a developer could do it.
M/Enger, S/Ulrich to accept the lease between the MnDOT and the City of Richfield
for development of a parking lot at Diagonal Boulevard and Cedar Avenue and the license
agreement between the City of Richfield and the Transmission Shop at 6958 Cedar
Avenue.
Motion carried 5-0.
CITY MANAGER’S REPORT
City Manager Orduno reported on the expense of recent park vandalism and asked
anyone observing this type of activity to call 9-1-1.
Mayor Kirsch said it is the City’s policy to remove graffiti within 24 hours of it being
reported.
Item #21CLAIMS AND PAYROLL
M/Rosenberg, S/Sandahl that the following claims and payrolls be approved:
RICHFIELD BANK & TRUST CO.
INT Checks:107247 - 107273$127,873.74
H/C109066 - 109487$1,114,531.33
PAYROLL25972 - 26269$522,191.81
TOTAL$1,764,596.88
Council Meeting Minutes-18-August 13, 2001
Motion carried 5-0.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 9:30 p.m.
Date Approved:
Martin J. Kirsch
Mayor
Cheryl KrumholzSamantha Orduno
Recording SecretaryCity Manager