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05-09 Regular CITY COUNCIL MEETING MINUTES /:3 ) ) ' /) 1 Richfield, Minnesota ,, i,,,, Regular Meeting N May 9, 2017 CALL TO ORDER The meeting was called to order by Mayor Elliott at 7:00 p.m. in the Council Chambers. Council Members Pat Elliott, Mayor; Edwina Garcia; Michael Howard; and Maria Regan Present: Gonzalez. Staff Present: Steven L. Devich, City Manager; Mary Tietjen, City Attorney; Pam Dmytrenko, Assistant City Manager/HR Manager; John Stark, Community Development Director; Wayne Kewitsch, Fire Chief; and Jared Voto, Executive Aide/Analyst. PLEDGE OF ALLEGIANCE Mayor Elliott led the Pledge of Allegiance. OPEN FORUM Birgit Johnson, 6332 13th Ave S, spoke regarding the Veterans Park Clean-up and thanked those who attended and helped. APPROVAL OF MINUTES M/Garcia, S/Howard to approve the minutes of the: (1) Special City Council Work Session of April 25, 2017; (2) Special Concurrent City Council and HRA Work Session of April 25, 2017; (3) Special City Council Work Session of April 25, 2017; (4) Regular City Council Meeting of April 25, 2017; and (5) Special City Council Work Session of May 2, 2017. Motion carried 4-0. Item #1 SWEARING-IN OF FIREFIGHTER KEVIN O'CONNELL Chief Kewitsch discussed the symbolism of the firefighter's badge and introduced Kevin O'Connell and his family. Firefighter O'Connell's wife, Sara, pinned the badge on him. Council Meeting Minutes -2- May 9,2017 Item #2 COUNCIL DISCUSSION • Hats Off to Hometown Hits Council Member Regan Gonzalez spoke regarding attending the Veterans Park clean-up event and the Friends of Wood Lake (FOWL) dinner and the opening of the Richfield Farmer's Market on May 20. Council Member Howard spoke regarding the Veterans Park clean-up event, the opening of the Richfield Pool, an Islam 101 event hosted by the Human Rights Commission, and the comprehensive plan mapping tool. Mayor Elliott spoke regarding the Islam 101 event and the Veterans Park clean-up event. Council Member Garcia spoke regarding the Unity in the Community event on May 25 in Veterans Park, the city-wide garage sale on May 18-20, and commended staff on the Key Financial Strategies Work Session. Item #3 APPROVAL OF THE AGENDA M/Howard, S/Regan Gonzalez to approve the agenda. Motion carried 4-0. Item #4 CONSENT CALENDAR City Manager Devich presented the Consent Calendar. A. Consideration of the approval of the first reading of an ordinance rezoning properties currently addressed as: 6601 - 16th Ave, 6609 - 16th Ave, 6615 - 16th Ave, 6600 - 17th Ave, 6608 - 17th Ave, and 6614 - 17th Ave from General Business (C-2) to Planned General Business (PC-2). (S.R. No. 71) B. Consideration of the approval of a resolution authorizing the City to affirm the monetary limits on statutory municipality tort liability. (S.R. No. 72) RESOLUTION NO. 11358 A RESOLUTION AFFIRMING MUNICIPAL TORT LIABILITY LIMITS ESTABLISHED BY MINNESOTA STATUTES 466.04 This resolution appears as Resolution No. 11358. M/Elliott, S/Garcia to approve the consent calendar. Motion carried 4-0. Item #5 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT CALENDAR Council Meeting Minutes -3- May 9,2017 None. Item #6 PUBLIC HEARING AND CONSIDERATION OF THE APPROVAL OF AN ENABLING RESOLUTION RELATING TO THE FORMATION AND ADMINISTRATION OF AN ECONOMIC DEVELOPMENT AUTHORITY IN, AND FOR, THE CITY OF RICHFIELD AND APPROVAL OF A RESOLUTION AUTHORIZING THE ECONOMIC DEVELOPMENT AUTHORITY TO LEVY TAXES. (S.R. NO. 73) Council Member Garcia presented Staff Report No. 73. M/Garcia, S/Howard to close the public hearing. Motion carried 4-0. M/Garcia, S/Elliott to approve a resolution establishing the Richfield Economic Development Authority and approve a resolution approving a present intent to levy a tax for Economic Development purposes pursuant to Minnesota Statutes, Section 469.107. RESOLUTION NO. 11359 ENABLING RESOLUTION ESTABLISHING THE RICHFIELD ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 11360 RESOLUTION APPROVING A PRESENT INTENT TO LEVY A TAX FOR ECONOMIC DEVELOPMENT AUTHORITY PURPOSES PURSUANT TO MINNESOTA STATUTES, SECTION 469.107 Motion carried 4-0. The resolutions appear as Resolution No. 11359 and Resolution No. 11360. Item #7 CONSIDERATION OF THE APPROVAL OF A RESOLUTION GRANTING A CONDITIONAL USE PERMIT AND VARIANCES TO ALLOW A BUFFET RESTAURANT TO OPERATE IN THE FORMER OLD COUNTRY BUFFET SPACE AT 6601 NICOLLET AVENUE. (S.R. NO. 74) Council Member Howard presented Staff Report No. 74. M/Howard, S/Elliott to approve a resolution grant a conditional use permit and variances to allow a buffet restaurant at 6601 Nicollet Avenue. RESOLUTION NO. 11361 RESOLUTION APPROVING A CONDITIONAL USE PERMIT AMENDMENT AND VARIANCES FOR A RESTAURANT AT 6601 NICOLLET AVENUE Council Member Howard commented regarding the Planning Commission discussion and asked if the City had historically received complaints about the Old Country Buffet. Community Development Director Stark responded that the City had not received complaints in the past. Council Meeting Minutes -4- May 9,2017 Mayor Elliott commented on the work that was done on the ordinance that allowed flexibility. Mayor Elliott asked if Old Country Buffet had removed their mechanical equipment. Community Development Director Stark responded that they had not removed equipment, which he knew of, and he believe they had passive odor control, rather than active. Community Development Director Stark indicated the new operator is adding cooking equipment that requires an additional commercial vent, which trigger the consideration of odor control. Mayor Elliott asked if staff would be receiving the engineering plans that if odor control becomes required it can be installed. Community Development Director Stark responded that is correct, building permits will not be issued until the plans are received. Motion carried 4-0. The resolutions appear as Resolution No. 11361. Item #8 CITY MANAGER'S REPORT City Manager Devich noted the Special Election for Richfield City Council Ward 1 takes place on.May 23, 2017, with early voting is taking place right now, and encouraged residents to vote. Item #9 CLAIMS AND PAYROLLS Staff review determined the May 9, 2017, Claims and Payrolls were not motioned, seconded, and passed by the City Council. This item will be brought to the next City Council meeting on May 24, 2017, for approval. OPEN FORUM None. Item #10 ADJOURNMENT The City Council Meeting was adjourned by unanimous consent at 7:41 p.m. Date Approved: May 24, 2017 P-' �iott °r J � fi/ `jr� / Ja ed Voto vi e -n L. De ich Executive Aide/Analyst City Manager