02-13 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
February 13, 2018
CALL TO ORDER
The meeting was called to order by Mayor Elliott at 7:01 p.m. in the Council Chambers.
Councilmembers Pat Elliott, Mayor; Michael Howard; Maria Regan Gonzalez; Simon
Present: Trautmann; and Edwina Garcia (arrived at 7:03).
Staff Present: Steven L. Devich, City Manager; Mary Tietjen, City Attorney; Pam Dmytrenko,
Assistant City Manager/HR Manager; Jay Henthorne, Public Safety
Director/Police Chief; John Stark, Community Development Director; Julie
Urban, Housing Manager; Jennifer Anderson, Support Services Supervisor;
and Jared Voto, Executive Aide/Analyst.
OPEN FORUM
None.
PLEDGE OF ALLEGIANCE
Mayor Elliott led the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Elliott, S/Howard to approval of the minutes of the: (1) Special City Council work session of
January 20, 2018; (2) Special City Council work session of January 23, 2018; and (3) Regular City
Council meeting of January 23, 2018.
Motion carried 4-0.
Item #1 COUNCIL DISCUSSION
Hats Off to Hometown Hits
Select Councilmember as liaison to the organics taskforce
Councilmember Trautmann spoke regarding the winter framers market and the next date
being March 1.
Council Meeting Minutes -2- February 13, 2018
Councilmember Garcia spoke regarding the passing of former councilmember Ivan Ludeman
and the work he did in the community.
Councilmember Howard spoke regarding the Lyndale Gardens open house on February 15 at
Pizza Luce; the naturalization ceremony on February 20 at the Richfield Municipal Center; the
Lyndale Avenue Reconstruction open house on February 20 at Oak Grove Lutheran Church; the
Richfield Chamber of Commerce’s Circle of Excellence event on February 21; and thanked the
Richfield Police Department for their work during the Super Bowl.
Councilmember Regan Gonzalez spoke regarding an initiative for Richfield to become a
dementia-friendly community.
Mayor Elliott spoke regarding the opportunity to give introductory comments at the
naturalization ceremony on February 20, and the honor it has been to represent Richfield as Mayor;
and the Richfield Chamber of Commerce’s Circle of Excellence event.
Councilmembers discussed appointment to the organics taskforce. The Council selected, by
unanimous consent, Councilmember Regan Gonzalez to serve on the taskforce.
Item #2 APPROVAL OF THE AGENDA
M/Garcia, S/Elliott to approve the agenda.
Motion carried 5-0.
Item #3 CONSENT CALENDAR
City Manager Devich presented the consent calendar.
A. Consideration of the approval of the continuation of an agreement with the City of Bloomington
for the provision of public health services for the City of Richfield for 2018. (S.R. No. 28)
B. Consideration of the approval of setting a public hearing to be held on March 13, 2018, for the
consideration of the issuance of new On-Sale Intoxicating and Sunday Liquor licenses for
Lyndale Smokehouse, LLC d/b/a Lyndale Smokehouse, located at 7745 Lyndale Ave South.
(S.R. No. 29)
M/Elliott, S/Regan Gonzalez to approve the consent calendar.
Motion carried 5-0.
Item #4 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT
CALENDAR
None.
Council Meeting Minutes -3- February 13, 2018
Item #5 PUBLIC HEARING AND CONSIDERATION OF THE REVOCATION OF FIRST
STEP, LLC (RICHFIELD HEALTH MASSAGE) BUSINESS LICENSE FOR
VIOLATIONS OF OPERATING WITH THREE UNLICENSED MASSAGE
THERAPISTS, ENGAGING IN PROHIBITED MASSAGE, AND CHARGES OF
GROSS MISDEMEANOR PROSTITUTION. (S.R. NO. 30)
Councilmember Trautmann presented Staff Report No. 30 and opened the public hearing.
Dongfa Zhou, attorney representing First Step, LLC, stated reasons to not revoke the business
license and asked the Council to not revoke the business license.
Councilmember Trautmann asked questions for clarification and Mr. Zhou responded to the
questions.
Liuhe Wei, owner of First Step, LLC, speaking Chinese and being translated by his attorney,
Mr. Zhou, spoke that he was not familiar with the city regulations.
Councilmember Trautmann, speaking Mandarin Chinese, stated he lived in China for two
years and everywhere he went, and everyone he met treated him as a friend and like family. He
stated, in English, that he was treated with respect and courtesy when he went to China.
Mr. Wei stated there are video recordings of how he treated his workers.
Councilmember Trautmann asked if he could close the public hearing and made a motion to
close the hearing.
Mary Tietjen, City Attorney, advised to ask the licensee has any closing remarks and then it is
up to the entire Council if they want to close the public hearing.
Councilmember Trautmann stated they were not interested in videos or evidence not present
and asked if the licensee had a closing statement.
Mr. Zhou stated he objected to the way councilmembers treated his client.
M/Trautmann, S/Elliott to close the public hearing.
Motion carried 5-0.
Councilmember Howard asked the City’s past practices if this type of activity has been found
by the police, in terms of business licensing.
Chief Henthorne stated this is the process when there are violations to the City ordinance and
based upon the investigation this is staff’s recommendation.
Councilmember Howard asked if there have been prior instances of revoking a business
licenses for serious violations.
Chief Henthorne stated he didn’t recall action being taken against someone’s license.
Mayor Elliott asked if Chief Henthorne had read the reports and if a manager was on-site at
the time of the execution of the warrant.
Chief Henthorne responded that there was no manager on-site, only the three employees.
Council Meeting Minutes -4- February 13, 2018
Mayor Elliott asked about the charges, that there was no one supervising the operations, and
that the three individuals were only employees.
Chief Henthorne confirmed the Mayor’s questions were correct.
Mayor Elliott asked if there was any circumstance or conditions that could be imposed that the
operations could continue and be in compliance with our City Code.
Chief Henthorne stated he did not feel that there would be, without going into the investigation,
this has been going on for a long time.
M/Trautmann, S/Elliott to approve revocation of the business license of First Step, LLC located
at 7610 Lyndale Ave So., Richfield, Minnesota and direct staff to bring a Resolution with Findings
supporting the revocation back to the City Council for approval at its next meeting.
Motion carried 5-0.
Item #6 PUBLIC HEARING AND CONSIDERATION OF THE APPROVAL OF A
RESOLUTION SPECIFYING THE USE OF FUNDS FROM THE COMMUNITY
DEVELOPMENT BLOCK GRANT ALLOCATION FOR 2018 AND AUTHORIZING
EXECUTION OF A SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY
AND ANY REQUIRED THIRD PARTY AGREEMENTS. (S.R. NO. 31)
Mayor Elliott presented Staff Report No. 31 and opened the public hearing.
M/Elliott, S/Garcia to close the public hearing.
Motion carried 5-0.
M/Elliott, S/Garcia to approve a resolution authorizing the use of funds for the 2018 Urban
Hennepin County Community Development Block Grant Program and authorizing execution of a
Subrecipient Agreement with Hennepin County and any required third party agreements.
RESOLUTION NO. 11475
RESOLUTION APPROVING PROPOSED USE OF 2018 URBAN
HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM FUNDS AND AUTHORIZING EXECUTION OF
SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY
REQUIRED THIRD PARTY AGREEMENTS
Motion carried 5-0. This resolution appears as Resolution No. 11475.
Item #7 PUBLIC HEARING AND CONSIDERATION OF THE APPROVAL OF A
RESOLUTION GRANTING APPROVAL OF THE FINAL PLAT OF THE CEDAR
POINT COMMONS 2ND ADDITION. (S.R. NO. 32)
Councilmember Regan Gonzalez presented Staff Report No. 32 and opened the public
hearing.
Council Meeting Minutes -5- February 13, 2018
M/Regan Gonzalez, S/Howard to close the public hearing.
Motion carried 5-0.
M/Regan Gonzalez, S/Elliott to approve a resolution granting approval of the final plat of the
Cedar Point Commons 2nd Addition.
RESOLUTION NO. 11476
RESOLUTION GRANTING APPROVAL OF A FINAL PLAT FOR CEDAR
POINT COMMONS 2ND ADDITION
Motion carried 5-0. This resolution appears as Resolution No. 11476.
Item #8 CONSIDERATION OF THE APPROVAL OF THE FIRST READING OF AN
ORDINANCE AMENDING SUBSECTION 210.01 OF THE CITY CODE RELATED
TO CITY COUNCIL SALARIES. (S.R. NO. 33)
Councilmember Howard presented Staff Report No. 33.
M/Howard, S/Regan Gonzalez to approve the first reading of the ordinance amending
Subsection 210.01 of the City Code related to City Council salaries and schedule the second reading
for February 27, 2018.
Motion carried 5-0.
Item #9 CONSIDERATION OF THE APPROVAL OF A RESOLUTION APPROVING THE
CONTRACT WITH THE POLICE LIEUTENANTS TEAMSTERS 320 FOR THE
CONTRACT PERIOD JANUARY 1, 2018 THROUGH DECEMBER 31, 2019 AND
AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT. (S.R. NO.
34)
Mayor Elliott presented Staff Report No. 34.
M/Elliott, S/Regan Gonzalez to adopt a resolution approving the provisions of the 2018-2019
labor agreement with the Police Lieutenants Teamsters 320 bargaining unit and authorize the City
Manager to execute the agreement.
RESOLUTION NO. 11477
RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE
CITY OF RICHFIELD AND POLICE LIEUTENANTS TEAMSTERS 320
BARGAINING UNIT FOR YEARS 2018 - 2019
Motion carried 5-0. This resolution appears as Resolution No. 11477.
Item #10 CONSIDERATION OF THE APPROVAL OF AGREEMENTS WITH NON-PROFIT
ORGANIZATIONS TO PROVIDE SOCIAL SERVICES TO THE CITY OF
RICHFIELD AND AUTHORIZATION OF THE CITY MANAGER TO EXECUTE
AGREEMENTS WITH THOSE AGENCIES. (S.R. NO. 35)
Council Meeting Minutes -6- February 13,2018
Councilmember Garcia presented Staff Report No. 35.
M/Garcia, S/Trautmann to approve the agreements between the recommended non-profit
organizations and the City of Richfield and authorize the City Manager to execute agreements for
services with those agencies.
Motion carried 5-0.
Item #11 CITY MANAGER'S REPORT
City Manager Devich had nothing to report.
Item #12 CLAIMS AND PAYROLLS
M/Garcia, S/Elliott that the following claims and payrolls be approved:
U.S. Bank 02/13/18
NP Checks: 265465 -265916 $ 2,492,364.44
Payroll: 134148 - 134488 663,484.35
TOTAL $ 3,155,848.79
Motion carried 5-0.
OPEN FORUM
None.
Item #13 ADJOURNMENT
The meeting was adjourned by unanimous consent at 7:56 p.m.
Date Approved: February 27, 2018
Iliott
/I/ //‘
J ed Voto - L. Devich
Executive Aide/Analyst City Manager