05-26-15 Regular CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
#gc.c4Pieedi
Regular Meeting
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May 26, 2015
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; Pat Elliott; Edwina Garcia; and
Present: Tom Fitzhenry.
Staff Present: Steven L. Devich, City Manager; Jay Henthorne, Public Safety
Director/Police Chief; Karen Barton, Assistant Community Development
Director; Chris Regis, Finance Manager; Pam Dmytrenko, Assistant City
Manager/HR Manager; Mary Tietjen, City Attorney; and Cheryl Krumholz,
Executive Coordinator.
OPEN FORUM
None.
PLEDGE OF ALLEGIANCE
Mayor Goettel led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Fitzhenry, S/Elliott to approve the minutes of the (1) Special City Council Worksession of
May 12, 2015; (2) Special Concurrent City Council & HRA Worksession of May 12, 2015; and (3)
Regular City Council Meeting of May 12, 2015.
Motion carried 5-0.
Item #1 CHOIR CONCERT PRESENTED BY THE COMBINED STEM/RDLS FIFTH
GRADERS
Item #2 PRESENTATION AND RECEIPT OF THE CITY OF RICHFIELD
COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) FOR THE FISCAL
YEAR ENDED DECEMBER 31, 2014 S.R. NO. 78
Council Meeting Minutes -2- May 26,2015
Matthew Mayer, representative of the City's audit firm KDV, reviewed the 2014 Audit and
2014 Comprehensive Annual Financial Report.
M/Goettel, S/Fitzhenry to approve receipt of the City of Richfield Comprehensive Annual
Financial Report for fiscal year ended December 31, 2014.
Motion carried 5-0.
Item #3 ANNUAL MEETING WITH THE ADVISORY BOARD OF HEALTH
Erin Rykken, Advisory Board of Health Chair, provided the report.
Item #4 PRESENTATION OF THE 2014 FOOD SAFETY AWARDS (COUNCIL MEMO
NO.36)
Erin Rykken, Advisory Board of Health Chair, presented the awards to:
Full Service Restaurant Cadao Express, 6637 Penn Avenue
Fast Food/Pizza Carry Out/Cafeteria Taco Bell, 7740 2nd Avenue
Item #5 PRESENTATION OF THE RICHFIELD TOURISM PROMOTION BOARD, INC.
FINANCIAL REPORT FOR YEAR-END DECEMBER 31, 2014 AND 2013
Pat Brekken, Richfield Tourism Board Promotion Board, Inc., presented the report.
M/Goettel, S/Fitzhenry to accept the Richfield Tourism Promotion Board, Inc. financial
report for year-end December 31, 2014 and 2013.
Motion carried 5-0.
Item #6 PRESENTATION OF THE ASSOCIATION OF PUBLIC MANAGEMENT
PROFESSIONALS ASSISTANT OF THE YEAR AWARD TO RICHFIELD
ASSISTANT CITY MANAGER/HR MANAGER PAM DMYTRENKO
Mayor Goettel acknowledged the presentation of the award.
Item #7 COUNCIL DISCUSSION
• Cancel Tuesday, August 25 Regular City Council Meeting
• Schedule Monday, August 24 Special City Council Meeting regarding 2015
Revised/2016 Proposed Budget
• Hats Off to Hometown Hits
Council Member Fitzhenry reported on a recent press release: FAA to Re-Evaluate Method
for Measuring Effects of Aircraft Noise.
The City Council consensus was to cancel the Tuesday, August 25 Regular City Council
Meeting and schedule the Monday, August 24 Special City Council Meeting.
Council Member Garcia acknowledged the recent death of Don Priebe, long-time Richfield
resident and former Richfield Mayor and Council Member.
Council Meeting Minutes -3- May 26,2015
Council Member Garcia made several announcements related to upcoming Richfield
events.
Council Member Fitzhenry acknowledged two police unions for funding the engraving of
Fred Babcock's name on the tablet at the Honoring All Veterans Memorial.
Item #8 COUNCIL APPROVAL OF AGENDA
M/Fitzhenry, S/Howard to approve the agenda.
Motion carried 5-0.
Item #9 CONSENT CALENDAR
A. Consideration of the approval of a resolution authorizing the City to affirm the monetary
limits on statutory municipality tort liability S.R. No. 79
RESOLUTION NO. 11086
RESOLUTION AFFIRMING MUNICIPAL TORT LIABILITY LIMITS
ESTABLISHED BY MINNESOTA STATUTES 466.04
This resolution appears as Resolution No. 11086.
B. Consideration of the approval of a public hearing to be held on June 23, 2015 for the
consideration of the issuance of new on-sale intoxicating liquor and Sunday licenses for GM
Richfield, LLC, d/b/a Four Points by Sheraton Minneapolis Airport located at 7745 Lyndale
Avenue South S.R. No. 80
M/Fitzhenry, S/Howard to approve the Consent Calendar.
Motion carried 5-0.
Item #10 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT
CALENDAR
None.
Item #11 PUBLIC HEARING FOR THE CONSIDERATION OF THE ISSUANCE OF NEW
ON-SALE INTOXICATING AND SUNDAY LICENSES FOR THOMPSON'S
FIRESIDE PIZZA, INC. D/B/A FIRESIDE PIZZA LOCATED AT 6736 PENN
AVENUE SOUTH S.R. NO. 81
Council Member Elliott presented Staff Report No. 81.
M/Elliott, S/Goettel to close the public hearing.
Motion carried 5-0.
Council Meeting Minutes -4- May 26,2015
M/Elliott, S/Fitzhenry to approve the issuance of new on-sale intoxicating and Sunday
licenses for Thompson's Fireside Pizza, Inc. d/b/a Fireside Pizza located at 6736 Penn
Avenue South.
Motion carried 5-0.
Item #12 CONSIDERATION OF A RESOLUTION REGARDING A REQUEST FOR A SIX-
MONTH EXTENSION OF LAND USE APPROVALS FOR 6330, 6400 AND 6440
LYNDALE AVENUE (LYNDALE GARDENS) S.R. NO. 82
Council Member Garcia presented Staff Report No. 82.
Colleen Carey, The Cornerstone Group developer, explained there are no funding tools yet
available for financing affordable and market rate housing combined in a single development. She
requested the scope of the Lyndale Gardens project be changed to include only market rate
housing. She added that an investor is now available for market rate housing financing and
requested an extension of the land use approvals.
Ms. Carey continued that Cornerstone is also requesting the City Council to authorize staff
to request an amendment to the Metropolitan Council Livable Communities Transportation
Oriented Development Grant to no longer include affordable housing.
Gregg Handrich, Principal of FIDES Capital Partners, discussed their company's desire and
willingness to invest in this project if it is 100% market-rate.
Ms. Carey explained the construction timeline of separating the housing and retail and a
closing by November 2015. The retail would not move forward at this time since there is no tenant.
Assistant Community Development Director Barton stated that if the extension is approved,
as long as the project in its entirety has substantial completion by December 10, 2015, the retail
component would have no bearing independently. If the substantial completion requirement is
met, land use approvals would remain open as long as progress continued to be made toward
completion of the project.
Council Member Elliott stated that the previous extension was approved based upon
substantial completion and it did not happen so he said he would not vote for the extension.
Council Member Garcia expressed disappointment that there would no longer be affordable
housing included in the project because it is an important part of public policy. She said she would
approve the land use extension tonight but probably not again.
Council Member Howard stated affordable housing was a noble part of the project but the
project does merit value in the future so he would support moving forward.
Ms. Barton stated that if the extension is not approved tonight, the developer would need to
reapply for land-use approvals for the project.
Council Member Fitzhenry stated the City is seeking younger people with disposable
incomes so he was not unhappy with the loss of the affordable housing component. He added he
would support the extension but not again.
Mayor Goettel shared the perspective on the affordable housing component. She stated
this may be the last time for this project to come before the City Council requesting an extension.
Council Member Elliott questioned if the Metropolitan Council would require repayment of
the grant with the removal of affordable housing from the project.
Council Meeting Minutes -5- May 26,2015
Ms. Barton explained the Metropolitan Council would not commit until the grant amendment
was received from the City, but did not believe repayment would be required based on statements
made by Met Council representatives at a previous City Council meeting.
City Attorney Tietjen requested the City Council motion include a recommendation that
would be contingent upon staff's definition of substantial completion.
M/Garcia, S/Fitzhenry that the following resolution be adopted and that it be made part of
these minutes and include that it is contingent upon staff's definition of substantial completion:
RESOLUTION NO, 11087
RESOLUTION GRANTING EXTENSION OF LAND USE APPROVALS
AT 6330, 6400 AND 6440 LYNDALE AVENUE
Motion carried 4-1. (Elliott oppose) This resolution appears as Resolution No. 11087.
Item #13 CONSIDERATION OF A METROPOLITAN COUNCIL LIVABLE COMMUNITIES
TRANSPORTATION ORIENTED DEVELOPMENT GRANT AMENDMENT
REQUEST RELATING TO THE LYNDALE GARDENS PROJECT S.R. NO. 83
Council Member Howard presented Staff Report No. 83.
M/Howard, S/Goettel to approve the Metropolitan Council Livable Communities
Transportation Oriented Development grant amendment request related to the Lyndale Gardens
Project.
Motion carried 4-1. (Elliott oppose)
Item #14 CITY MANAGER'S REPORT
None.
The Mayor requested a meeting be scheduled regarding a mid-year review of the City
Council goals.
Item #15 CLAIMS AND PAYROLLS
M/Fitzhenry, S/Garcia that the following claims and payrolls be approved:
U.S. Bank 05/26/15
NP Checks: 240780-241148 $ 1,051,919.80
Payroll: 110248-110570 42432-42433 $ 601,660.00
TOTAL $ 1,653,579.80
Motion carried 5-0.
OPEN FORUM
None.
Council Meeting Minutes -6- May 26,2015
ADJOURNMENT
The City Council Meeting was adjourned by unanimous consent at 8:36 p.m.
Date Approved: June 9, 2015
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At/AAIfiag• . , _/ I I
Cheryl .Iz U - n L. Devi h
Executive Coordinator City Manager