03-12-13 Regular CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
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Regular Meeting
March 12, 2013
CALL TO ORDER
The meeting was called to order by Mayor Pro Tempore Sandahl at 7:00 p.m.
ROLL CALL
Members Present: Sue Sandahl, Mayor Pro Tempore; Pat Elliott; Tom Fitzhenry; and Edwina
Garcia.
Members Absent: Debbie Goettel, Mayor.
Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director;
Todd Sandell, Public Safety Director; John Stark, Community Development
Director; Jim Topitzhofer, Recreation Services Director; Chris Regis,
Finance Manager; Corrine Heine, City Attorney; and Theresa Schyma,
Deputy City Clerk.
M/Fitzhenry, S/Elliott to excuse Mayor Goettel from the March 12, 2013 Regular City.
Council Meeting.
Motion carried 4-0.
OPEN FORUM
None.
PLEDGE OF ALLEGIANCE
Mayor Pro Tempore Sandahl led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
Council Meeting Minutes -2- March 12,2013
M/Garcia, S/Fitzhenry to approve the minutes of (1) Regular City Council Meeting of
February 26, 2013.
Motion carried 4-0.
Item #1 PRESENTATION OF A DEPARTMENT COMMENDATION TO RICHFIELD
POLICE OFFICER ORLANDO ZABALA FOR EVENTS ON DECEMBER 18,
2012
Police Chief Todd Sandell presented Officer Orlando Zabala a department commendation
for events on December 18, 2012.
Item #2 PRESENTATION OF OFFICER OF THE YEAR 2012 AWARD TO RICHFIELD
POLICE OFFICER DREW GIFFORD
Police Chief Todd Sandell presented Officer Drew Gifford with the 2012 Police Officer of the
Year Award.
Item #3 PRESENTATION BY THREE RIVERS PARK DISTRICT REPRESENTATIVES
JOHN GUNYOU AND JOHN GIBBS
Council Member Garcia announced that John Gunyou is the Chair of the Three Rivers Park
District.
Three Rivers Park District Representatives John Gunyou and John Gibbs introduced
themselves and made a PowerPoint presentation with information regarding the Three Rivers Park
District, including its mission, goals, and current projects.
Item #4 PRESENTATION BY AUGSBURG PARK LIBRARY REGARDING FAMILY
PLAY AND LEARN SPOT
Pat Palahniuk, Senior Librarian, made a presentation regarding the upcoming Family Play
and Learn Spot at Augsburg Park Library. She announced there will be a Community Engagement
Meeting on April 8 to receive information and share ideas about the space. The Family Play and
Learn Spot is scheduled to open in Fall 2013.
Item #5 COUNCIL DISCUSSION
• HATS OFF TO HOMETOWN HITS
Council Member Fitzhenry commended City staff for their recent snowplowing efforts.
Council Member Garcia announced that there will be a Children and Adolescent Mental
Health Forum at the end of May or early June.
Council Meeting Minutes -3- March 12,2013
Council Member Garcia thanked City Manager Devich for his recent letter to legislators
regarding Environmental Response Funds and how they impact Richfield.
Council Member Elliott encouraged the community to support the Richfield High School
girls basketball team at the state tournament.
Council Member Elliott announced that the Penn Central Neighborhood Group is having
their"Third Thursday Breakfast Meetings" at Hope's Silver Spoon Restaurant.
Item #6 COUNCIL APPROVAL OF AGENDA
Mayor Pro Tempore Sandahl moved Consent Calendar Item 7H to Item 8 for separate
consideration.
M/Fitzhenry, S/Garcia to approve the agenda, as amended.
Motion carried 4-0.
Item #7 CONSENT CALENDAR
A. Consideration of approval of the resolution amending the 2012 General Fund Budget by
authorization of a transfer of appropriations from the Administrative Services Department to
the Public Works Department S.R. No. 49
RESOLUTION NO. 10775
RESOLUTION AUTHORIZING REVISION OF 2012 BUDGETS OF VARIOUS DEPARTMENTS
This resolution appears as Resolution No. 10775.
B. Consideration of approval of the resolution authorizing the transfer of funds from the
General Fund to the Fire Station 2 Renovation Capital Project Fund S.R. No. 50
RESOLUTION NO. 10776
RESOLUTION AUTHORIZING TRANSFER OF FUNDS FROM THE GENERAL FUND TO THE
FIRE STATION 2 RENOVATION CAPITAL PROJECT FUND
This resolution appears as Resolution No. 10776.
C. Consideration of approval of the resolution authorizing the execution and delivery of a HUD
Amendment to Regulatory Agreement with respect to the Lynwood Partners, LLC Project
and granting approval for certain other actions with respect thereto S.R. No. 51
RESOLUTION NO. 10777
RESOLUTION APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND
DELIVERY OF A HUD AMENDMENT TO REGULATORY AGREEMENT WITH RESPECT TO
THE LYNWOOD PARTNERS, LLC PROJECT; AND GRANTING APPROVAL FOR CERTAIN
OTHER ACTIONS WITH RESPECT THERETO
This resolution appears as Resolution No. 10777.
Council Meeting Minutes -4- March 12,2013
D. Consideration of approval of a request for funding for the Fourth of July Committee's 2013
celebration in the amount of$8,917 to make up for the lost carnival income S.R. No. 52
E. Consideration of approval of the purchase orders to Midway Ford Commercial for two new
Ford pickup trucks for Public Safety in the amount of$52,187.84, plus tax and licenses
S.R. No. 53
F. Consideration of approval of the first reading of a transitory ordinance for the Taft Lake
Water Quality Improvement Plan authorizing engineering services at an estimated cost of
$225,000 and construction at an estimated cost of $3,000,000 and scheduling a public
hearing and second reading for April 9, 2013 S.R. No. 54
G. Consideration of approval of the first reading of an ordinance amending Subsection 544.13,
Subdivision 3 of the City Code related to parking lot design requirements S.R. No. 55
H. Moved to Item 8.
I. Consideration of approval of the resolution granting a three-year interim use permit to allow
continued use of 6529 Penn Avenue (CarHop) for used car sales S.R. No. 57
RESOLUTION NO. 10779
RESOLUTION APPROVING AN INTERIM USE PERMIT TO ALLOW USED AUTO SALES
BY INTERSTATE AUTO GROUP DBA CARHOP AT 6529 PENN AVENUE
This resolution appears as Resolution No. 10779.
M/Fitzhenry, S/Elliott to approve the Consent Calendar, as amended.
Motion carried 4-0.
Item #8 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT
CALENDAR
Item 7H. Consideration of approval of the resolution granting a site plan amendment
to allow a proposed adult day care serving up to 29 persons at 6630 Penn Avenue S.R. No.
56
Community Development Director Stark presented Staff Report No. 56.
Community Development Director Stark stated that 29 persons was the maximum
occupancy per the Fire Department. He continued that this proposed adult day care would be a
social club and not a place to receive medical services.
Council Member Garcia expressed her concerns about adequate parking in the winter.
Community Development Director Stark stated that the parking does meet the City's
criteria. A bus would be able to fit in the parking area.
Huan Gao, owner of 6630 Penn Avenue, stated that he would work with the City for snow
disposal. He continued that the adult day care would provide bus transportation for their clients so
they would not be driving themselves.
M/Garcia, S/Sandahl that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10778
RESOLUTION GRANTING APPROVAL OF A SITE PLAN TO ALLOW A COMMERCIAL DAY
CARE FACILITY AT 6630 PENN AVENUE
Council Meeting Minutes -5- March 12,2013
Motion carried 4-0. This resolution appears as Resolution No. 10778.
Item #9 PUBLIC HEARING AND CONSIDERATION OF THE SECOND READING OF THE
TRANSITORY ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS
FROM THE SPECIAL REVENUE FUND FOR CERTAIN CAPITAL
IMPROVEMENTS S.R. NO. 58
Council Member Elliott presented Staff Report No. 58.
M/Elliott, S/Fitzhenry to close the public hearing.
Motion carried 4-0.
M/Elliott, S/Fitzhenry that this constitutes the second reading of Bill No. 2013-1, Transitory
Ordinance No. 18.87 providing for the expenditure of funds from the Special Revenue Fund for
certain capital improvements, that it be published in the official newspaper and that it be made part
of these minutes.
Motion carried 4-0.
Item #10 CONSIDERATION OF THE SECOND READING OF THE PROPOSED ORDINANCE
AMENDMENT TO THE CITY ADMINISTRATIVE CODE CHAPTER III, SUBSECTION
310.07, SUBDIVISION 5 DESCRIBING BACKGROUND INVESTIGATIONS S.R. NO.
59
Council Member Fitzhenry presented Staff Report No. 59.
M/Fitzhenry, S/Sandahl that this constitutes the second reading of Bill No. 2013-2
amending the City Administrative Code Chapter III, Subsection 310.07, Subdivision 5 describing
background investigations, that it be published in the official newspaper and that it be made part of
these minutes.
Motion carried 4-0.
Item #11 CONSIDERATION OF THE FIRST READING OF AN ORDINANCE AMENDING
APPENDIX I OF THE RICHFIELD CITY CODE REZONING 6330 AND 6400
LYNDALE AVENUE FROM GENERAL COMMERCIAL (C-2) AND PLANNED
GENERAL COMMERCIAL (PC-2) TO PLANNED MIXED USE (PMU) AND SINGLE
FAMILY RESIDENTIAL (R) S.R. NO. 60
Council Member Garcia presented Staff Report No. 60.
Community Development Director Stark stated that the advancements in design at Lyndale
Gardens are being presented tonight to identify any issues or questions that the City Council has in
advance of the second reading in two weeks.
Council Member Elliott expressed concerns regarding the plans changing from one
developer to two developers now that the property will be parceled off so that Lakewinds Co-op will
own their property. He raised questions regarding the significant amount of money that the
Council Meeting Minutes -6- March 12,2013
Cornerstone Group has received to acquire and cleanup the property and what will happen to that
money now that there are two developers.
Beth Pfeifer, Cornerstone Group, presented the advancements in design at Lyndale
Gardens, including that Lakewinds Co-op is now going to own instead of lease their own building.
M/Garcia, S/Sandahl to approve first reading of an ordinance amending Appendix I of the
Richfield City Code rezoning 6330 and 6400 Lyndale Avenue from General Commercial (C-2) and
Planned General Commercial (PC-2) to Planned Mixed Use (PMU) and Single Family Residential
(R).
Motion carried 4-0.
Item #12 CITY MANAGER'S REPORT
City Manager Devich discussed his recent letter to legislators regarding Environmental
Response Funds and how they impact Richfield.
Item #13 CLAIMS AND PAYROLLS
M/Fitzhenry, S/Elliott that the following claims and payrolls be approved:
U.S. Bank 03/12/13
A/P Checks: 220238-220547 $ 1,103,563.29
Payroll: 90762 - 91090 $ 582,538.84
TOTAL $ 1,686,102.13
Motion carried 4-0.
OPEN FORUM
None.
ADJOURNMENT
The City Council meeting was adjourned by unanimous consent at 8:26 p.m.
Date Approved: March 26, 2013
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Th, esa Schyma ° Steve L. Devich
Deputy City Clerk City Manager