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03-13-12 Regular CITY COUNCIL MEETING MINUTES #eed Richfield, Minnesota gt,e, Regular Meeting March 13, 2012 CALL TO ORDER The meeting was called to order by Mayor Pro Tempore Fitzhenry at 7:00 p.m. ROLL CALL Members Present: Tom Fitzhenry, Mayor Pro Tempore; Pat Elliott, Sue Sandahl; and Fred Wroge. Members Absent: Debbie Goettel, Mayor. Staff Present: Pam Dmytrenko, Acting City Manager; John Stark, Community Development Director; Mike Eastling, Public Works Director; Jim Topitzhofer, Recreation Services Director; Chris Regis, Finance Manager; Jeff Pearson, Transportation Engineer; Corrine Heine, City Attorney; and Cheryl Krumholz, Executive Coordinator. M/Sandahl, S/Wroge to excuse Mayor Goettel's absences from the March 13, 2012 Special City Council Worksession and Regular City Council Meeting. Motion carried 4-0. OPEN FORUM Mayor Pro Tempore Fitzhenry announced for the record, the City Council, Housing and Redevelopment Authority, and Planning Commission have all received a copy of an e-mail from the following persons regarding the proposed Pillsbury Commons, which will be included in the record: • Amy Utley, 7530 Pillsbury Avenue. Received February 29, 2012. • Steph Miller, no address provided. Received February 29, 2012. • Robert Olson, 7442 Pillsbury Avenue. Received March 4, 2012. • Jennifer Lux, 76th Street/Aldrich Avenue. Received March 12, 2012. PLEDGE OF ALLEGIANCE Council Meeting Minutes -2- March 13,2012 Mayor Pro Tempore Fitzhenry led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Sandahl, S/Wroge to approve the minutes of(1) Special City Council/HRA/Planninq Commission Worksession of February 28, 2012; (2) Special City Council Worksession of February 28, 2012; and (3) Regular City Council Meeting of February 28, 2012. Motion carried 4-0. Item #1 COUNCIL DISCUSSION • HATS OFF TO HOMETOWN HITS Council Member Sandahl requested a City Council Worksession to discuss the proposed Voter ID legislation and consider adopting a resolution. The City Council agreed and requested Nancy Gibbs, City Clerk, attend to explain the voting process and that both sides of the issue be presented. Council Member Elliott reported on the recent Star Tribune article regarding O'Neal Hampton and the Hampton Wellness Foundation. Council Member Elliott expressed support for the Richfield sports programs including the Spartans Girl's Basketball Team in the Class 3A Section 6 final tournament. Mayor Pro Tempore Fitzhenry announced the FAA will make a presentation at the March 27 Special City Council Worksession. Council Member Sandal announced the March 28 public open house regarding the Bicycle Master Plan. Item #2 COUNCIL APPROVAL OF AGENDA Mayor Pro Tempore Fitzhenry removed Item #3E to be considered separately as Item #4. M/Wroge, S/Sandahl to approve the agenda as amended. Motion carried 4-0. Item #3 CONSENT CALENDAR A. Consideration of approval of resolution amending 2011 General Fund budget authorizing transfer of appropriations from Legislative/Executive Department and Administrative Services Department to Public Safety Department S.R. No. 54 RESOLUTION NO.10635 Council Meeting Minutes -3- March 13,2012 RESOLUTION AUTHORIZING REVISION OF 2011 BUDGETS OF VARIOUS DEPARTMENTS This resolution appears as Resolution No. 10635. B. Consideration of approval of first reading of transitory ordinance establishing new ward boundaries to conform to redistricting requirements pursuant to Minnesota Statutes and City Charter and scheduling public hearing and second reading for March 27, 2012 S.R. No. 55 C. Consideration of approval of construction and maintenance agreement with Grand St. Paul CVS, LLC and Bill Wolfson for new CVS Pharmacy site at 6528 Penn Avenue S.R. No. 56 D. Consideration of approval of continuing public hearing to April 10, 2012 regarding plat of land located at northeast corner of 66th Street and Lyndale Avenue S.R. No. 57 E. Item moved to be considered separately as Item#4. M/Wroge, S/Sandahl to approve the Consent Calendar as amended. Motion carried 4-0. Item #4 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR Former Item #3E —Consideration of approval of resolution for"No Parking" on both sides of 76th Street between 12th and Cedar Avenues S.R. No. 58 Council Member Wroge presented Staff Report No. 58. Council Member Wroge questioned the use of MSA funds versus increasing the Street Reconstruction Bonds. Public Works Director Eastling explained the use of MSA as a back up funding source in case the cost of construction exceeds the engineer's estimate. M/Wroge, S/Sandahl that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO.10636 RESOLUTION RELATING TO TRAFFIC CONTROL SIGNS "NO PARKING" ON 76th STREET Motion carried 4-0. This resolution appears as Resolution No. 10636. Item #5 PUBLIC HEARING REGARDING ISSUANCE OF NEW ON-SALE INTOXICATING AND SUNDAY LIQUOR LICENSES FOR FINANCIAL GUIDANCE, INCL, D/B/A FOUR POINTS BY SHERATON, 7745 LYNDALE AVENUE S.R. NO. 59 Council Member Wroge presented Staff Report No. 59. Adam Selby, representative, explained the ownership of the property. M/Wroge, S/Sandahl to close public hearing. Council Meeting Minutes -4- March 13,2012 Motion carried 4-0. M/Wroge, S/Elliott to approve issuance of new on-sale intoxicating and Sunday liquor licenses for Financial Guidance, Inc., d/b/a Four Points by Sheraton, 7745 Lyndale Avenue. Motion carried 4-0. Item #6 PUBLIC HEARING AND SECOND READING OF TRANSITORY ORDINANCE PROVIDING FUNDING FOR CERTAIN CAPITAL IMPROVEMENTS FROM SPECIAL REVENUE FUND S.R. NO. 60 Council Member Sandahl presented Staff Report No. 60. M/Wroge, S/Sandahl to close public hearing. Motion carried 4-0. M/Sandahl, S/Wroge that this constitutes the second reading of Bill No. 2012-5, Transitory Ordinance 18.78 providing funding for certain capital improvements from Special Revenue Fund, that it be published in the official newspaper and that it be made part of these minutes. Motion carried 4-0. Item #7 CONSIDERATION OF RESOLUTION GRANTING AMENDED CONDITIONAL USE PERMIT FOR ANIMAL KENNEL WITH OUTDOOR RELIEF AREA AT 6315 PENN AVENUE S.R. NO. 61 Council Member Elliott presented Staff Report No. 61. Community Development Director Stark summarized the conditions related to the amended conditional use permit. Council Member Wroge stated the City Council has the ability to revoke the permit if the conditions are not followed so that should be reassuring to the neighbors. M/Elliott, S/Wroge that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10637 RESOLUTION GRANTING APPROVAL OF AN AMENDED CONDITIONAL USE PERMIT FOR AN ANIMAL KENNEL WITH AN OUTDOOR RELIEF AREA AT 6315 PENN AVENUE Motion carried 4-0. This resolution appears as Resolution No. 10637. Council Meeting Minutes -5- March 13,2012 Item #8 CONSIDERATION OF RESOLUTION AUTHORIZING CONSTRUCTION OF PROPOSED WESTBOUND AUXILIARY LANE ON INTERSTATE 494 FROM INTERSTATE 35W TO TRUNK HIGHWAY 100 S.R. NO. 62 Council Member Sandahl presented Staff Report No. 62. Council Member Elliott stated he would support the resolution if the scope of the study included the 77th Street underpass of Highway 77. Council Member Wroge questioned the outcome if the language was changed from "request" to "require". Public Works Director Eastling explained that MnDOT is in agreement to Richfield's requests. M/Sandahl, S/Wroge that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10638 RESOLUTION AUTHORIZING CONSTRUCTION OF THE PROPOSED WESTBOUND AUXILIARY LANE ON INTERSTATE 494 FROM INTERSTATE 35W TO TRUNK HIGHWAY 100. Motion carried 4-0. This resolution appears as Resolution No. 10638. Item #9 CITY MANAGER'S REPORT No report. Item #10 CLAIMS AND PAYROLLS M/Elliott, S/Sandahl that the following claims and payrolls be approved: U.S. Bank 03/13/12 A/P Checks: 211163-211452 $ 979,323.29 Payroll: 82059-82385 $ 559,048.86 TOTAL $ 1,538,372.15 Motion carried 4-0. OPEN FORUM None. Council Meeting Minutes -6- March 13,2012 ADJOURNMENT The City Council meeting was adjourned by unanimous consent at 7:45 p.m. Date Approved: March 27, 2012 om F he • Pro Tempore Cheryl K umhol'z Pam Dmytrenko • Executive Coordinator Acting City Manager