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07-12-16 Regular CITY COUNCIL MEETING MINUTES /�- Richfield, Minnesota J 1 �� ./ Regular Meeting Urban Hometown 9 9 V July 12, 2016 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:00 p.m. in the Council Chambers. Council Members Debbie Goettel, Mayor; Michael Howard; Edwina Garcia; Tom Fitzhenry; Present: and Pat Elliott. Staff Present: Steven L. Devich, City Manager; Jay Henthorne, Public Safety Director; Jim Topitzhofer, Recreation Services Director; John Stark, Community Development Director; Mary Tietjen, City Attorney; and Cheryl Krumholz, Executive Director. PLEDGE OF ALLEGIANCE The Civil Air Patrol Color Guard of the 130th Composite Squadron presented the new City of Richfield flag and led the audience in the Pledge of Allegiance. OPEN FORUM Mayor Goettel stated that several people had registered to speak at the Open Forum regarding the bandshell but, since it is an agenda item, it is not an item for discussion during Open Forum. She said the bandshell item is not a public hearing and the City Council Member presenting that item will decide on accepting testimony. Susan Rosenberg, 6633 Thomas Avenue, announced the July 30 Richfield Beautiful Garden Tour. Kathy Kline, 6312 Portland Avenue, spoke about respect of the City Council for hearing residents and referenced the bandshell. Mayor Goettel stopped Ms. Kline's testimony stating the bandshell was not an item for discussion during the Open Forum. APPROVAL OF MINUTES M/Garcia, S/Howard to approve the minutes of the Regular City Council Meeting of June 28. 2016. Motion carried 5-0. Council Meeting Minutes -2- July 12,2016 Item #1 COUNCIL DISCUSSION • Hats Off to Hometown Hits The City Council acknowledged the success of the Fourth of July events. Council Member Howard reported on a presentation to the Human Rights Commission by House of Prayer Pastor Ben Sandin, House of Prayer, regarding neighborhoods. Mayor Goettel read a statement regarding the recent incidents in Baton Rouge, LA, Falcon Heights, MN, and Dallas, TX. Item #2 COUNCIL APPROVAL OF AGENDA M/Garcia, S/Elliott to approve the agenda. Motion carried 5-0. Item #3 CONSENT CALENDAR A. Consideration of the approval of a resolution granting site plan approval and variances to allow a conversion of the former Lariat Lanes bowling alley at 6320 Penn Avenue to office space. S.R. No. 105 RESOLUTION NO. 11219 RESOLUTION GRANTING APPROVAL OF A SITE PLAN AND VARIANCES AT 6320 PENN AVENUE This resolution appears as Resolution No. 11219. B. Consideration of the approval of the request for two separate Temporary On Sale Intoxicating Liquor licenses for the Minneapolis-Richfield American Legion Post#435, located at 6501 Portland Avenue South for their Bike Night Out events scheduled to take place on July 20, 2016 and August 17, 2016. S.R. No. 106 C. Consideration of the approval of a resolution appointing election judges for the August 9, 2016 Primary Election and the November 8, 2016 General Election. S.R. No. 107 RESOLUTION NO. 11220 RESOLUTION APPOINTING ELECTION JUDGES FOR THE STATE PRIMARY ELECTION OF AUGUST 9, 2016 AND THE GENERAL ELECTION OF NOVEMBER 8, 2016 This resolution appears as Resolution No. 11220. D. Consideration of the approval of the award of a contract for the 2016 Sealcoat project to Pearson Brothers, Inc. in the amount of$112,646.30 and authorization of the City Manager to approve changes in the construction contract up to $100,000. S.R. No. 108 E. Consideration of the approval of a resolution authorizing and directing the condemnation of certain real estate, easements and other rights and interests for the purpose of the Council Meeting Minutes -3- July 12,2016 expansion of the parking lot serving the Richfield Municipal Liquor Store located at 6600 Cedar Avenue. S.R. No. 109 RESOLUTION NO. 11221 RESOLUTION A RESOLUTION AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN REAL ESTATE, EASEMENTS, AND OTHER RIGHTS AND INTERESTS FOR THE PUBLIC PURPOSE OF EXPANDING THE PARKING LOT SERVING THE RICHFIELD MUNICIPAL LIQUOR STORE LOCATED AT 6600 CEDAR AVENUE This resolution appears as Resolution No. 11221. M/Goettel, S/Fitzhenry to approve the Consent Calendar. Motion carried 5-0. Item #4 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT CALENDAR None. Item #5 PUBLIC HEARING AND CONSIDERATION OF A RESOLUTION REGARDING THE REMOVAL OF AN EASEMENT RELATED TO SIGHT LINES AT 76TH STREET AND THE ADJACENT RAILROAD TRACKS S.R. NO. 110 Council Member Howard presented Staff Report No. 110. M/Elliott, S/Howard to close the public hearing. Motion carried 5-0. M/Howard, S/Goettel that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 11222 RESOLUTION AUTHORIZING THE VACATION OF A PUBLIC EASEMENT AT APPROXIMATELY 76TH STREET AND PLEASANT AVENUE Motion carried 5-0. This resolution appears as Resolution No. 11222. Item #6 COMMUNIITYT ANDS EL APPROVAL L AT VETERANS M MORIAL PARKS.R. NO. 111 1 Council Member Garcia presented Staff Report No. 111. Community Development Director Stark explained the land use approvals that were granted in 2015 and the only change since then is the relocation and reorientation of the bandshell. He Council Meeting Minutes -4- July 12,2016 stated the zoning ordinance and Comprehensive Plan requirements are met and there are no inconsistencies. He added the Planning Commission agrees that requirements have been met. Recreation Services Director Topitzhofer explained the rationale for the change in location and re-orientation of the bandshell. Mr. Topitzhofer also explained the noise study and sound monitoring process. He stated the outcome of the noise study would be presented to the City Council. Council Member Howard expressed support for the sound study and respect for the neighborhood with noise monitoring. He stated not a whole lot had changed with the bandshell and no new City funds were being used. Council Member Garcia stated the bandshell is community driven, Veterans Park is a community park not a neighborhood park, and the proposed bandshell at the former Lyndale Gardens site is not meant to be a community-wide amenity due to parking issues when the housing component is completed. Council Member Fitzhenry expressed the concerns of the Richfield residents on the eastside and that the Noise Oversight Committee, of which he is a member, believes the bandshell is a non-compatible use with airport noise. Mayor Goettel stated that fundraising efforts are going well. M/Garcia, S/Goettel that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 11223 RESOLUTION GRANTING APPROVAL OF A SITE PLANTO ALLOW A COMMUNITY BANDSHELL AT VETERANS MEMORIAL PARK Motion carried 4-1. (Fitzhenry oppose) This resolution appears as Resolution No. 11223. Item #7 CITY MANAGER'S REPORT None. Item #8 CLAIMS AND PAYROLLS M/Elliott, S/Goettel that the following claims and payrolls be approved: U.S. Bank 07/12/16 A/P Checks: 251208-251565 $ 4,409,868.62 Payroll: 120051-120425, 42456 655,967.88 TOTAL $ 5,065,836.50 Motion carried 5-0. OPEN FORUM Council Meeting Minutes -5- July 12,2016 None. Item #14 ADJOURNMENT The City Council Meeting was adjourned by unanimous consent at 7:52 p.m. Date Approved: July 28, 2016 � j�j Z 'v Des = Gcettel / Cheryl umho / -ven L. Dev ch — Executive Coordinator City Manager