10-24 Regular CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
October 24, 2017
CALL TO ORDER
The meeting was called to order by Mayor Elliott at 7:01 p.m. in the Council Chambers.
Council Members Pat Elliott, Mayor; Edwina Garcia; Michael Howard; Maria Regan Gonzalez;
Present: and Simon Trautmann (arrived at 7:03 p.m.).
Staff Present: Steven L. Devich, City Manager; Mary Tietjen, City Attorney; Kristin Asher,
Public Works Director; John Stark, Community Development Director; Jim
Topitzhofer, Recreation Services Director; Jay Henthorne, Chief of
Police/Public Safety Director; Melissa Poehlman, Assistant Community
Development Director; Matt Brillhart, Associate Planner, and Jared Voto,
Executive Aide/Analyst.
OPEN FORUM
None
PLEDGE OF ALLEGIANCE
Mayor Elliott led the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Garcia, S/Regan Gonzalez to approve the minutes of the: (1) Special joint City Council and
Planning Commission work session of October 10, 2017; (2) Special City Council work session of
October 10, 2017; and (3) Regular City Council meeting of October 10, 2017.
Motion carried 4-0. Council Member Trautmann was absent for the vote.
Item #1 ANNUAL MEETING WITH THE PLANNING COMMISSION
Erin Vrieze Daniels, Planning Commission Chair, presented on the work of the Commission
over the previous year.
Council Meeting Minutes -2- October 24,2017
Item #2 CONFERRING OF RICHFIELD POLICE DEPARTMENT AWARDS
Chief Henthorne conferred Richfield Police Department awards to the following:
• Officer Dean — Medal of Merit
• Officer Bataglia — Medal of Merit
• Officer Stariha— Medal of Merit
• Sergeant Edwards — Department Commendation
• Officer Zabala — Department Commendation
• Sergeant Sieve — Department Commendation
• Officer Sheady— Department Commendation
• Officer Smith — Department Commendation
• Officer Schipp — Department Commendation
• Officer Mendoza — Department Commendation
Item #3 COUNCIL DISCUSSION
• Hats Off to Hometown Hits
Mayor Elliott invited everyone to coffee with a cop on October 26.
Council Member Trautmann spoke regarding coyotes in Richfield and not to approach or feed
them; Wood Lake Nature Center and Friends of Wood Lake Half-Haunted House; and invited
residents to visit the remodeled Aldi's.
Council Member Garcia spoke regarding an event on November 7 at the Pines on the latest
devices for senior and people with disabilities.
Mayor Elliott spoke regarding the pumpkin give away and his enjoyment with meeting more
people of Richfield as Mayor.
Council Member Howard spoke regarding Wood Lake Nature Center and Friends of Wood
Lake Half-Haunted House and thanked the volunteers and staff and the City receiving the Community
Builder Award from Aeon.
Council Member Regan Gonzalez spoke regarding the Community Builder Award from Aeon;
thanked Richfield Police Department for the ceremony; and shared Metropolitan Airports Commission
(MAC) updates including a Noise Oversight Committee listening session on October 25 at the MAC
General Offices and on November 8 MAC District C open house at Bloomington City Hall.
Council Member Howard reminded everyone to vote for the school board election and
referendums.
Item #4 APPROVAL OF THE AGENDA
M/Elliott, S/Trautmann to approve the agenda.
Motion carried 5-0.
Council Meeting Minutes -3- October 24,2017
Item #5 CONSENT CALENDAR
City Manager Devich presented the consent calendar.
A. Consideration of the approval of resolutions for a Petition and Waiver Agreement and for the
assessment of costs for the abatement of a hazardous property. Staff Report No. 171
RESOLUTION NO. 11424
RESOLUTION APPROVING PETITION AND WAIVER AGREEMENT
WITH RESPECT TO THE SPECIAL ASSESSMENT OF ABATEMENT
COSTS AND ATTORNEY FEE JUDGMENT RELATING TO 7144 4TH
AVENUE S, RICHFIELD, MINNESOTA 55423
RESOLUTION NO. 11425
RESOLUTION ASESSING COSTS INCURRED FOR THE ABATEMENT
OF A HAZARDOUS PROPERTY RELATING TO 7144 4TH AVENUE
SOUTH, RICHFIELD, MINNESOTA 55423
This resolution appears as Resolution No. 11424 and 11425.
B. Consideration of the approval of a resolution amending the 2017-2018 labor agreement with
the International Union of Operating Engineers Local 49. Staff Report No. 172
RESOLUTION NO. 11426
RESOLUTION DESIGNATING CITY'S CONTRIBUTION TOWARDS
HEALTH AND DENTAL INSURANCE PREMIUMS FOR EMPLOYEES
COVERED BY THE INTERNATIONAL UNION OF OPERATING
ENGINEERS LOCAL 49
This resolution appears as Resolution No. 11426.
C. Consideration of the award of contract to Shank Constructors, Inc. for the replacement of lime
slakers in the water plant in the amount of$383,800 and authorizing the City Manager to
approve any contract changes under $100,000 without further City Council authorization. Staff
Report No. 173
D. Consideration of the approval of the purchase of a backhoe loader from Ziegler Inc. for
$135,745 (less $31,375 trade-in allowance, totaling $104,370) for use by the Public Works
Department. Staff Report No. 174
E. Consideration of the approval of a new Therapeutic Massage Enterprise license for
Professional Integrative Bodywork, LLC, located at 2934 66th Street West, Suite 25. Staff
Report No. 175
F. Consideration of the approval of the renewal of the contract with Adesa Minneapolis for 2017-
2018 for auctioning forfeited vehicles from Public Safety/Police. Staff Report No. 176
G. Consideration of the approval of a facility dedication request to dedicate the sledding hill in
Monroe Park to the memory of Nicole Stavros. Staff Report No. 177
H. Consideration of the approval to transfer projects to the Richfield Economic Development
Authority. Staff Report No. 178
RESOLUTION NO. 11427
RESOLUTION RELATING TO THE RICHFIELD ECONOMIC
DEVELOPMENT AUTHORITY; TRANSFERRING CERTAIN PROJECTS
Council Meeting Minutes -4- October 24,2017
TO SUCH AUTHORITY; AND APPROVING MATTERS IN
CONNECTION THEREWITH
This resolution appears as Resolution No. 11427.
M/Elliott, S/Howard to approve the consent calendar.
Motion carried 5-0.
Item #6 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT
CALENDAR
None.
Item #7 PUBLIC HEARING REGARDING THE SPECIAL ASSESSMENT ROLL FOR
UNPAID FALSE ALARM USER FEES AGAINST PRIVATE PROPERTY. (S.R.
NO. 179)
Mayor Elliott presented Staff Report No. 179 and opened the public hearing.
M/Garcia, S/Howard to close the public hearing.
Motion carried 5-0.
M/Elliott, S/Howard to approve a resolution adopting the assessment for unpaid false alarm
user fees against private property.
RESOLUTION NO. 11428
RESOLUTION ADOPTING ASSESSMENT FOR
UNPAID FALSE ALARM FEES FROM PRIVATE PROPERTY
Motion carried 5-0. This resolution appears as Resolution No. 11428.
Item #8 PUBLIC HEARING REGARDING THE SPECIAL ASSESSMENT ROLL FOR
WEED ELIMINATION FROM PRIVATE PROPERTY AND REMOVAL OR
ELIMINATION OF PUBLIC HEALTH OR SAFETY HAZARDS FROM PRIVATE
PROPERTY. (S.R. NO. 180)
Council Member Regan Gonzalez presented Staff Report No. 180 and opened the public
hearing.
Mark Klein, 6937 Nicollet Ave, spoke regarding their assessment and believed the City erred
in mowing their lawn prior to the date provided on the notice.
City Manager Devich responded the City will look into the matter and respond to Mr. Klein.
M/Howard, S/Elliott to close the public hearing.
Council Meeting Minutes -5- October 24,2017
Motion carried 5-0.
M/Regan Gonzalez, S/Elliott to approve a resolution adopting the assessment for weed
elimination from private property and removal or elimination of public health or safety hazards from
private property.
RESOLUTION NO. 11429
RESOLUTION ADOPTING ASSESSMENT FOR
WEED ELIMINATION FROM PRIVATE PROPERTY AND REMOVAL OR
ELIMINATION OF PUBLIC HEALTH OR SAFETY HAZARDS FROM
PRIVATE PROPERTY
Motion carried 5-0. This resolution appears as Resolution No. 11429.
Item #9 CANCEL A PUBLIC HEARING TO CONSIDER A RESOLUTION GRANTING
APPROVAL OF THE FINAL PLAT OF THE CEDAR POINT COMMONS
SECOND ADDITION. (S.R. NO. 181)
Council Member Garcia presented Staff Report No. 181 and opened the public hearing.
M/Garcia, S/Regan Gonzalez to cancel a public hearing to consider approval of a final plat for
the Cedar Point Commons Second Addition.
Motion carried 5-0.
Item #10 CONSIDERATION OF THE APPROVAL OF AN ORDINANCE AMENDING
RESIDENTIAL DRIVEWAY REGULATIONS AND CONSIDERATION OF A
RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF SAID
ORDINANCE. (S.R. NO. 182)
Council Member Howard presented Staff Report No. 182. He discussed the impetus for this
change and thanked City staff for their work on the issue. He asked staff to provide additional
information.
Associate Planner Brillhart provided additional information from the staff report.
Mayor Elliott asked if there was a visual to provide more clarification on the changes.
Associate Planner Brillhart displayed pictures provided in the staff report and described the
changes as shown in the diagrams and pictures.
M/Howard, S/Elliott to approve an ordinance amending residential driveway regulations and
approve a resolution authorizing summary publication of an ordinance amending residential driveway
regulations.
RESOLUTION NO. 11430
RESOLUTION APPROVING SUMMARY PUBLICATION
OF AN ORDINANCE TO UPDATE RESIDENTIAL DRIVEWAY
REGULATIONS
Council Meeting Minutes -6- October 24,2017
Motion carried 5-0. This resolution appears as Resolution No. 11430.
Item #11 CONSIDERATION OF THE APPROVAL OF A RESOLUTION AUTHORIZING
THE CITY OF RICHFIELD TO ENTER INTO A LOCAL ROAD
IMPROVEMENT PROGRAM GRANT AGREEMENT WITH THE MINNESOTA
DEPARTMENT OF TRANSPORTATION FOR $4,310,000 TO BE
USED IN RIGHT-OF-WAY ACQUISITION FOR THE 77TH STREET EXTENSION
AND CROSSING OF TRUNK HIGHWAY 77. (S.R. NO. 183)
Council Member Garcia presented Staff Report No. 183.
M/Garcia, S/Elliott to approve a resolution authorizing the City of Richfield to enter into a Local
Road Improvement Program Grant Agreement with the Minnesota Department of Transportation
(MnDOT Agreement No. 1029344) for $4,310,000 to be used in right-of-way acquisition for the 77th
Street Extension and Crossing of Trunk Highway 77.
RESOLUTION NO. 11431
RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ENTER
INTO A LOCAL ROAD IMPROVEMENT PROGRAM (LRIP) GRANT
AGREEMENT WITH THE MINNESOTA DEPARTMENT OF
TRANSPORTATION FOR $4,310,000 FOR PURCHASE OF RIGHT OF
WAY ASSOCIATED WITH THE 77TH STREET EXTENSION AND
CROSSING OF TRUNK HIGHWAY 77
Motion carried 5-0. This resolution appears as Resolution No. 11431.
Item #12 CONSIDERATION OF THE APPROVAL OF RESOLUTIONS TO EITHER
APPROVE OR DENY A CONDITIONAL USE PERMIT AND VARIANCES FOR
A RESTAURANT WITH A DRIVE-THRU AT 6529 PENN AVENUE, 6545 PENN
AVENUE AND 2210 66TH STREET WEST. (S.R. NO. 184)
Council Member Trautmann presented Staff Report No. 184. He commented he had visited a
Dunkin Donuts in New Hope to listen to the drive thru speaker system. He stated he was in favor of
the application. Council Member Regan Gonzalez asked if the New Hope location had the new
technology. Council Member Trautmann stated he did not know.
Damon Dranchak, Dunkin Donuts Franchisee, stated the location in New Hope did not have
the new technology and described how the technology they were proposing worked.
Council Member Howard commented that he went to the McDonald's in New Hope, which has
the new technology, and did not believe there would be an issue with noise.
Mayor Elliott discussed the impact of this development on Penn Avenue and felt comfortable
with the proposal.
Council Member Howard asked if the developer/franchisee could assure the Council that they
would work with residents if there were issues. Karla Carlson, Penn Avenue Partners II, assured they
would do everything they can to work with residents on any issues, but doesn't believe there will be an
issue with the technology and buffer.
Council Meeting Minutes -7- October 24,2017
Council Member Howard asked about the buffer. Karla Carlson and Assistant Community
Development Director Poehlman stated the additional buffer was agreed to and language is provided
in the approval resolution. Council Member Howard stated his support for the project.
M/Trautmann, S/Regan Gonzalez to approve a resolution to approve a conditional use permit
and variances for a restaurant with a drive-thru at 6529 Penn Avenue, 6545 Penn Avenue and 2210
66th Street West.
RESOLUTION NO. 11433
RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND
VARIANCES FOR A RESTAURANT WITH DRIVE-THRU AT 6529 PENN
AVENUE AND SITE PLAN APPROVAL AT 6545 PENN AVENUE AND
2210 66TH STREET W
Motion carried 5-0. These resolutions appear as Resolution No. 11433.
Item #13 CONSIDERATION OF YOUTH APPOINTMENTS TO CITY ADVISORY
BOARD/COMMISSIONS. (S.R. NO. 185)
Council Member Regan Gonzalez presented Staff Report No. 185.
Council Member Regan Gonzalez read the names and commissions of those appointed:
• Ruth Kiflu —Advisory Board of Health
• Hayley Hadges — Community Services Commission
• Diana Bautista —Community Services Commission
• Grace Verbrugge — Human Rights Commission
• Matthew Kiflu — Human Rights Commission
M/Regan Gonzalez, S/Elliott to appoint persons to fill vacant youth terms on City advisory
board/commissions.
Motion carried 5-0.
Item #14 CONSIDERATION OF THE CITY COUNCIL'S APPROVAL OF THE MAYOR'S
APPOINTMENT OF A HOUSING AND REDEVELOPMENT
AUTHORITY (HRA) COMMISSIONER. (S.R. NO. 186)
Mayor Elliott presented Staff Report No. 186.
Mayor Elliott commented that although it is the Mayor's appointment, the cooperative work of
the Council allowed him to solicit feedback from the other Council Members in making a selection and
announced he would request appointment of Erin Vrieze Daniels.
M/Garcia, S/Elliott to approve the Mayor's appointment of Erin Vrieze Daniels as an HRA
Commissioner for a five year term commencing November 20, 2017 and expiring November 20, 2022.
Motion carried 5-0.
Council Meeting Minutes -8- October 24,2017
Item#15 CITY MANAGER'S REPORT
City Manager Devich discussed the Richfield Police Department awards and that he was
proud of the RPD. He also discussed the path to getting the 77th Street Underpass completed.
Item #16 CLAIMS AND PAYROLLS
M/Garcia, S/Elliott that the following claims and payrolls be approved:
U.S. Bank 10/24/17
NP Checks: 262904 -263299 $ 1,399,399.70
Payroll: 131170 — 131490 - 131825 ; 42783 638,513.73
TOTAL $ 2,037,913.43
Motion carried 5-0.
OPEN FORUM
None.
Item #17 ADJOURNMENT •
The City Council Meeting was adjourned by unanimous consent at 8:26 p.m.
Date Approved: November 20, 2017
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