04-26-16 Regular CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
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° Regular Meetin
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April 26, 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; Pat Elliott; Edwina Garcia; and
Present: Tom Fitzhenry.
Staff Present: Steven L. Devich, City Manager; John Stark, Community Development
Director; Kristin Asher, Public Works Director; Jay Henthorne, Public
Safety Director; Jim Topitzhofer, Recreation Services Director; Chris
Regis, Finance Manager; Karen Barton, Assistant Community
Development Director; Robert Hintgen, Utilities Superintendent; Mary
Tietjen, City Attorney; and Cheryl Krumholz, Executive Coordinator.
OPEN FORUM
Jean Fox, Richfield Rotary, announced "The Fight Back Project", a personal safety seminar,
on May 3, 2016 co-sponsored by the Richfield Rotary and Richfield Police Department.
Nancy Rowley, 7420 Blaisdell Avenue, Intermediate School District 287 representative,
expressed appreciation for the City-School partnership in completing and maintaining the new
youth soccer fields at the South Education Center.
PLEDGE OF ALLEGIANCE
Mayor Goettel led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Elliott, S/Fitzhenry to approve the (1) Special Concurrent City Council and School Board
Worksession of April 4, 2016; (2) Special City Council and Civil Service Commission Closed
Executive Session of April 4, 2016; (3) Special Concurrent City Council, HRA and Planning
Commission Worksession of April 12, 2016; (4) Special City Council Worksession of April 12, 2016;
and (5) Regular City Council Meeting of April 12, 2016.
Motion carried 5-0.
Item #1 PRESENTATION BY THE RICHFIELD STEM-RDLS SCHOOL CHOIR
Council Meeting Minutes -2- April 26,2016
The City Council thanked the choir for their concert.
Item #2 PRESENTATION BY MS. XIAOLI LIU, SHANXI INTERNATIONAL CULTURAL
EXCHANGE CENTER
Ms. Liu, through an interpreter, made the presentation.
Item #3 PRESENTATION OF PROCLAMATION REGARDING EARTH DAY/ARBOR DAY
Mayor Goettel presented the proclamation to Karen Shragg, Wood Lake Nature Center
Manager.
Item #4 COUNCIL DISCUSSION
• Discussion regarding participation in the Fourth of July parade
• Hats Off to Hometown Hits
The City Council consensus was to participate in the 2016 Fourth of July parade.
Council Member Garcia reported on the following:
• Friends of Wood Lake Dinner
• Wood Lake Birdathon
• League of Women Voter member recruitment
• Hennepin County State of the County Address
• Mayor Goettel's State of the City Address on May 19 at the Municipal Center
• County Veterans' Officers Club
• Richfield Historical Society
Council Member Elliott encouraged residents to join the Fourth of July Committee and
volunteer for the Open Streets event.
Council Member Howard announced the Islam 101 event presented by the Richfield Human
Rights Commission and The United Methodist Church of Richfield on May 4.
Council Member Fitzhenry reminded residents about property maintenance and Tornado
Awareness.
Mayor Goettel announced the opening of Wheel Fun Rentals and the Farmers' Market at
Veterans Memorial Park.
Item #5 COUNCIL APPROVAL OF AGENDA
Mayor Goettel removed and continued Item #15 to a future meeting to permit additional
discussion.
M/Fitzhenry, S/Garcia to approve the agenda as amended.
Motion carried 5-0.
Item #6 CONSENT CALENDAR
Council Meeting Minutes -3- April 26,2016
A. Consideration of the approval of a request for a new Therapeutic Massage Enterprise
license for Salon Concepts Richfield, LLC, 6525 Lyndale Avenue South S.R. No. 58
B. Consideration of the approval of the second reading of an ordinance that makes minor
changes to regulations related to accessory uses in parks S.R. No. 59
BILL NO. 2016-7
AN ORDINANCE AMENDING THE RICHFIELD CITY CODE REGULATIONS RELATED TO
PERMITTED USES WITHIN PARKS
This constitutes the second reading of Bill No. 2016-7, amending the Richfield City Code
Subsection 512.03 regarding regulations related to accessory uses in park, that it be
published in the official newspaper, and that it be made part of these minutes.
C. Consideration of the approval of a resolution approving a Hennepin County Cost
Participation Agreement in the amount of$1,500,000 for the acquisition of right-of-way
for the 77th Street Underpass of Trunk Highway 77 Project S.R. No. 60
RESOLUTION NO. 11195
RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ENTER INTO A COST
PARTICIPATION AGREEMENT WITH HENNEPIN COUNTY FOR$1,500,000 TO BE USED FOR
RIGHT-OF-WAY ACQUISITION ON THE 77TH STREET EXTENSION AND UNDERPASS OF
TRUNK HIGHWAY 77
This resolution appears as Resolution No. 11195.
D. Consideration of the approval of the resolutions supporting the submittal of grant
applications to the Metropolitan Council Metropolitan Livable Communities Tax Base
Revitalization Account grant program and the Minnesota Department of Employment
and Economic Development for contamination clean-up at the Lyndale Gardens site,
6400 Lyndale Avenue S.R. No. 61
RESOLUTION NO. 11196
RESOLUTION AUTHORIZING THE CITY'S SUBMITTAL OF AN APPLICATION TO THE
METROPOLITAN COUNCIL TAX BASE REVITALIZATION ACCOUNT GRANT PROGRAM FOR
CONTAMINATION CLEAN UP ASSOCIATED WITH THE LYNDALE GARDENS PROJECT
6400 LYNDALE AVENUE
This resolution appears as Resolution No. 11196.
RESOLUTION NO. 11197
RESOLUTION AUTHORIZING THE CITY'S SUBMITTAL OF AN
APPLICATION TO THE MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC
DEVELOPMENT GRANT PROGRAM FOR CONTAMINATION CLEAN UP ASSOCIATED WITH
THE LYNDALE GARDENS PROJECT, 6400 LYNDALE AVENUE
This resolution appears as Resolution No. 11197.
M/Goettel, S/Fitzhenry to approve the Consent Calendar.
Motion carried 5-0.
Council Meeting Minutes -4- April 26,2016
Item #7 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT
CALENDAR
None.
Item #8 DISCIPLINARY HEARING AND CONSIDERATION OF A RESOLUTION
REGARDING CIVIL ENFORCEMENT FOR MY BURGER OPERATIONS, LLC,
D/B/A MY BURGER, 6555 LYNDALE AVE. SO., THAT RECENTLY
UNDERWENT AN ALCOHOL COMPLIANCE CHECK CONDUCTED BY
RICHFIELD PUBLIC SAFETY STAFF, AND FAILED BY SELLING ALCOHOL
TO UNDERAGE YOUTH S.R. NO. 62
Council Member Garcia presented Staff Report No. 62.
John Abdo and Doug Preston, My Burger representatives, admitted the violation occurred
and stipulated to the suspension and penalty.
M/Garcia, S/Goettel that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 11198
RESOLUTION SUSPENDING THE LIQUOR LICENSE FOR MY BURGER OPERATIONS, LLC,
D/B/A MY BURGER, 6555 LYNDALE AVENUE SOUTH, AND IMPOSING A CIVIL PENALTY FOR
FIRST TIME ALCOHOL COMPLIANCE FAILURE
Motion carried 5-0. This resolution appears as Resolution No. 11198.
Item #9 PUBLIC HEARING REGARDING THE APPROVAL OF NEW ON SALE
INTOXICATING AND SUNDAY LIQUOR LICENSES, WITH OUTSIDE SERVICE,
FOR VPC RICHFIELD PIZZA, LLC D/B/A GIORDANO'S OF RICHFIELD,
LOCATED AT 3000 66TH STREET WEST S.R. NO. 63
Council Member Elliott presented Staff Report No. 63.
John Gleason, Giordano representative, discussed the proposed changes to the building.
M/Fitzhenry, S/Howard to close the public hearing.
Motion carried 5-0.
M/Elliott, S/Goettel, to approve new on-sale intoxicating and Sunday liquor licenses, with
outside service, for VPC Richfield Pizza, LLC d/b/a Giordano's of Richfield, located at 3000 66th
Street West.
Motion carried 5-0.
Item #10 PUBLIC HEARING AND SECOND READING OF THE TRANSITORY
ORDINANCE PROVIDING FOR FUNDING FOR CERTAIN CAPITAL
IMPROVEMENTS FROM THE SPECIAL REVENUE FUND S.R. NO. 64
Council Meeting Minutes -5- April 26,2016
Council Member Howard presented Staff Report No. 46.
M/Elliott, S/Fitzhenry to close the public hearing.
Motion carried 5-0.
M/Howard, S/Goettel that this constitutes second reading of Bill no. 2016-8, Transitory
Ordinance No. 19.02 providing for funding for certain capital improvements from the Special
Revenue Fund, that it be published in the official newspaper, and that it be made part of these
minutes.
Motion carried 5-0.
Item #11 CONSIDERATION OF THE FIRST READING OF AN ORDINANCE AMENDING
CITY CODE SUBSECTION 710.29 RELATED TO WATER USE RESTRICTIONS
AND SCHEDULE A SECOND READING FOR MAY 10, 2016 S.R. NO. 65
Mayor Goettel presented Staff Report No. 65.
Council Member Elliott requested clarification in the ordinance regarding the use of a
sprinkler device or outside tap.
Public Works Director Asher explained that water conservation may have a financial impact
on the water rates.
The City Council requested the implementation of an odd-even watering/irrigation schedule
based on the property address not be included in the proposed ordinance and be revisited in the
future.
M/Goettel, S/Garcia to approve the first reading of an ordinance amending City Code
Subsection 710.29 related to water use restrictions and scheduling a second reading for May 10,
2016.
Motion carried 5-0.
Item #12 CONSIDERATION OF THE SECOND READING OF AN ORDINANCE
AMENDING THE ZONING DESIGNATION OF 7614 PILLSBURY AVENUE
FROM INDUSTRIAL TO SINGLE-FAMILY RESIDENTIAL AND A RESOLUTION
AMENDING THE COMPREHENSIVE PLAN DESIGNATION FROM MEDIUM-
HIGH DENSITY RESIDENTIAL TO LOW-DENSITY RESIDENTIAL S.R. NO. 66
Council Member Garcia presented Staff Report No. 66.
M/Garcia, S/Fitzhenry that this constitutes the second reading of Bill No. 2016-9, amending
the Richfield City Code by amending the zoning designation of 7614 Pillsbury Avenue from
Industrial to Single-Family Residential, that it be published in the official newspaper, and that it be
made part of these minutes, and that the following resolution be adopted and that they be made
part of these minutes:
RESOLUTION NO. 11199
RESOLUTION AMENDING THE CITY'S COMPREHENSIVE PLAN CHANGING THE
DESIGNATION OF 7614 PILLSBURY AVENUE TO "LOW-DENSITY RESIDENTIAL"
Council Meeting Minutes -6- April 26,2016
Motion approved 5-0. This resolution appears as Resolution No. 11199.
Item #13 CONSIDERATION OF THE SECOND READING OF AN ORDINANCE
AMENDING SUBSECTION 210.01 OF THE CITY CODE RELATED TO CITY
COUNCIL SALARIES S.R. NO. 67
Mayor Goettel presented Staff Report No. 67.
M/Goettel, S/Fitzhenry that this constitutes the second reading of Bill No. 2016-10,
amending Subsection 210.01 of the Richfield City Code related to City Council salaries, that it be
published in the official newspaper, and that it be made part of these minutes.
Motion carried 4-1. (Howard oppose)
Item #14 CONSIDERATION OF A RESOLUTION AWARDING THE SALE OF $3,085,000
GENERAL OBLIGATION STORM WATER REVENUE BONDS, SERIES 2016A
S.R. NO. 68
Council Member Fitzhenry presented Staff Report No. 68.
Rebecca Kurtz, Ehlers and Associates, reviewed the Standard Poor's bond rating for the
City, provided a summary of the bond sale and recommended the award of sale to Stifel, Nicolaus.
She also explained that the original aggregate principal amount had changed from $3,085,000 to
$2,970,000.
M/Fitzhenry, S/Goettel that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 11200
RESOLUTION AWARDING THE SALE OF GENERAL OBLIGATION STORM WATER REVENUE
BONDS, SERIES 2016A, IN THE ORIGINAL AGGREGATE PRINCIPAL AMOUNT OF $2,970,000;
FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND
DELIVERY; AND PROVIDING FOR THEIR PAYMENT
Motion carried 5-0. This resolution appears as Resolution No. 11200.
Item #15 CONSIDERATION OF A RESOLUTION CALLING FOR A PUBLIC HEARING BY
THE CITY COUNCIL ON THE PROPOSED ADOPTION OF A MODIFICATION
TO THE REDEVELOPMENT PLAN FOR THE RICHFIELD REDEVELOPMENT
PROJECT AREA; THE MODIFICATION TO THE TAX INCREMENT FINANCING
PLAN FOR THE CEDAR AVENUE TAX INCREMENT FINANCING DISTRICT;
AND THE PROPOSED ESTABLISHMENT OF THE CEDAR POINT II (2016-1)
TAX INCREMENT FINANCING DISTRICT THEREIN AND THE ADOPTION OF
THE TAX INCREMENT FINANCE PLAN THEREFOR S.R. NO. 69
This item was removed from the agenda and continued to a future meeting.
Item #16 CONSIDERATION OF THE RICHFIELD PARKWAY SOUTH OF 66TH STREET
AND NORTH OF DIAGONAL BOULEVARD S.R. NO. 70
Council Meeting Minutes -7- April 26,2016
Council Member Howard presented Staff Report No. 70.
M/Howard, S/Elliott to approve the 18th Avenue alignment of Richfield Parkway south of 66th
Street and north of Diagonal Boulevard.
Motion carried 5-0.
Item #17 CITY MANAGER'S REPORT
City Manager Devich announced the wine tasting event at the north Lyndale Municipal
Liquor Store from 4-7 p.m. today.
Item #18 CLAIMS AND PAYROLLS
M/Fitzhenry, S/Goettel that the following claims and payrolls be approved:
U.S. Bank 04/26/16
A/P Checks: 249194-249530 $ 1,536,773.44
Payroll: 118382-118704 $ 613,157.38
TOTAL $ 2,149,930.82
Motion carried 5-0.
OPEN FORUM
None.
Item #19 SPECIAL CITY COUNCIL CLOSED EXECUTIVE SESSION IN THE BABCOCK
ROOM REGARDING THE CITY MANAGER'S ANNUAL PERFORMANCE
EVALUATION
Mayor Goettel stated the Closed Executive Session is held to conduct the City Manager's
annual performance evaluation and that the City Council would return to the Council Chambers in
open meeting to provide a summary review of the evaluation and consider a resolution amending
the employment agreement with the City Manager.
The City Council adjourned to the Closed Executive Session in the Babcock Conference
Room at 8:44 p.m.
The Closed Executive Session was called to order by Mayor Goettel at 8:50 p.m. in the
Babcock Room.
Members Present: Debbie Goettel, Mayor; Michael Howard; Pat Elliott; Edwina Garcia; and
Tom Fitzhenry.
Staff Present: Steven L. Devich, City Manager.
The Closed Executive Session was convened pursuant to M.S. 13D.05.
The Closed Executive Session was adjourned by unanimous consent in the Babcock
Conference Room at 9:35 p.m.
Council Meeting Minutes -8- April 26,2016
Item #20 RECONVENE THE REGULAR CITY COUNCIL MEETING IN THE COUNCIL
CHAMBERS
Mayor Goettel reconvened the Regular City Council Meeting in the Council Chambers at
9:36 p.m.
Item #21 SUMMARY REVIEW OF THE CITY MANAGER'S ANNUAL PERFORMANCE
EVALUATION FOR 2015 AND CONSIDERATION OF A RESOLUTION
AMENDING EMPLOYMENT AGREEMENT BETWEEN CITY OF RICHFIELD
AND CITY MANAGER STEVEN L. DEVICH FOR 2016 S.R. NO.71
Mayor Goettel provided a summary review of the City Manager's annual performance
evaluation.
M/Goettel, S/Howard to approve:
• Resolution No. 11202, that it be adopted and made part of these minutes; and
• Reducing the contractual obligation for the City to provide life insurance; and
• Selling back an additional 40 hours of vacation.
RESOLUTION NO. 11202
RESOLUTION AMENDING THE EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF RICHFIELD AND STEVEN L. DEVICH, CITY MANAGER
Motion carried 5-0. This resolution appears as Resolution No. 11202.
Item #22 ADJOURNMENT
The City Council Meeting was adjourned by unanimous consent at 9:40 p.m.
Date Approved: May 10, 2016
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Cheryl rumholz Dev ch
Executive Coordinator • City Manager