05-22 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
May 22, 2018
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; Maria Regan Gonzalez;
Present: and Simon Trautmann.
Staff Present: Steven L. Devich, City Manager; Mary Tietjen, City Attorney; John Stark,
Community Development Director; Jay Henthorne, Chief of Police; Jim
Topitzhofer, Recreation Services Director; Chris Regis, Finance Manager;
Melissa Poehlman, Planning & Redevelopment Manager/Assistant Community
Development Director; Jennifer Anderson, Support Services Manager; and
Jared Voto, Executive Aide/Analyst.
OPEN FORUM
None.
PLEDGE OF ALLEGIANCE
Mayor Elliott led the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Howard, S/Trautmann to approve the minutes of the Regular City Council meeting of May 8,
2018
Motion carried 5-0.
Item #1 THREE RIVERS PARK DISTRICT UPDATE BY CHAIR AND DISTRICT 4
REPRESENTATIVE JOHN GUNYOU
John Gunyou, Chair and District 4 Representative of the Three Rivers Park District, presented
about the District’s mission, role in the region, environmental stewardship, highlights of the District,
Mississippi Gateway Regional Park, park partnerships including accessible kayaking and fishing
improvements at Taft Park, Nine Mile Creek Trail, trail partnerships including Nokomis-Minnesota
Council Meeting Minutes -2- May 22, 2018
River trail connection along 70th Street, and improvements to community engagement in center cities
like Richfield. John Gibbs, District 5 Representative of the Three Rivers Park District was also in
attendance.
Council Members thanked Chair Gunyou and Representative Gibbs for all the work that Three
Rivers Park District does in the city.
Item #2 PRESENTATION OF 2017 FOOD SAFETY AWARDS
Council Member Regan Gonzalez introduced the Chair and Vice Chair of the Advisory Board
of Health.
Kristine Klos, Chair of the Advisory Board of Health, and Taylor Croissant, Vice Chair,
presented the 2017 Food Safety Award. Cadao Express, 6637 Penn Avenue S, was awarded the
2017 Food Safety Award for full service restaurants and Taco Bell, 7740 2nd Avenue S, was awarded
the 2017 Food Safety Award for fast food/pizza carry out/limited service restaurants.
Council Member Regan Gonzalez thanked the Advisory Board of Health members and
leadership for the work they do in the community.
Item #3 RECEIPT OF THE CITY OF RICHFIELD COMPREHENSIVE ANNUAL
FINANCIAL REPORT (CAFR) FOR THE FISCAL YEAR ENDED DECEMBER 31,
2017. (S.R. NO. 84)
Mayor Elliot presented Staff Report No. 84.
Caroline Stutsman, CPA, BerganKDV, presented information on the audit for fiscal year ended
December 31, 2017, and highlights from the Richfield Comprehensive Annual Financial Report
(CAFR) for the same fiscal year.
Council Members thanked Ms. Stutsman for the presentation and thanked staff for their work
to keep the City in good financial condition.
m/Trautmann, s/Garcia to approve accept the Comprehensive Annual Financial Report of the
City for the year ended December 31, 2017.
Motion carried 5-0.
Item #4 COUNCIL DISCUSSION
Hats Off to Hometown Hits
Council Member Garcia spoke regarding an event at Assumption Church on Memorial Day
celebrating 75 military veterans in their cemetery; on June 2-16 the Bloomington Police Department
will be holding a book sale (called “Book’em”) with the proceeds funding children’s programs; on
Thursday, June 7 at 7 p.m. in Augsburg Park is the beginning of music in the park, there will also be
yoga in the park from 6 to 6:45 p.m.; on Tuesday, June 12 at noon the Minnesota Zoo Mobile in
Augsburg Park.
Council Meeting Minutes -3- May 22, 2018
Council Member Trautmann spoke regarding the Memorial Day service at Veterans Park on
May 28 at 2 p.m. and invited everyone to attend; also, the Richfield outdoor pool opens June 8 and
passes are available to purchase.
Mayor Elliott spoke regarding the Memorial Day service at Veterans Park and the event
honoring Lt. Charles Turner, a Richfield native and first reported Minnesota casualty in the Gulf War
Operation Desert Storm; also, he attended the grand opening at Village Shores (66th and Lyndale) on
May 21, the developer and owner of the facility put $22 million into the facility.
Council Member Howard spoke regarding the work session held on May 21 regarding the
City’s strategies for naturally-occurring affordable housing in the community.
Council Member Regan Gonzalez spoke regarding the Advisory Board of Health’s meeting on
May 21 had a presentation from Bloomington Public Health on the impact and connection between
health and housing; Unity in the Community on May 24 from 5 to 7:30 p.m. in Veterans Park; the Nine
Mile Creek Regional Trail grand opening on Sunday, June 3 from 10 a.m. to 2 p.m.; and
entertainment in the park in Augsburg Park on Thursday nights at 7 p.m. and live children’s shows on
Tuesdays at noon.
Item #5 APPROVAL OF THE AGENDA
M/Elliott, S/Howard to approve the agenda.
Motion carried 5-0.
Item #6 CONSENT CALENDAR
City Manager Devich presented the consent calendar.
A. Consideration of the approval of an annual request for a Temporary On Sale Intoxicating
Liquor license for the Academy of Holy Angels, located at 6600 Nicollet Avenue South, for
their Holy Angels Rock the Lawn event taking place Friday, June 22, 2018. (S.R. No. 85)
B. Consideration of the approval of a resolution authorizing the City to affirm the monetary limits
on statutory municipality tort liability. (S.R. No. 86)
RESOLUTION NO. 11501
RESOLUTION AFFIRMING MUNICIPAL TORT LIABILITY LIMITS
ESTABLISHED BY MINNESOTA STATUTES 466.04
This resolution appears as Resolution No. 11501.
C. Consideration of the adoption of a resolution authorizing the City Manager to enter into
agreements related to the Minnesota Department of Transportation's Landscape Partnership
Program (S.R. No. 87)
RESOLUTION NO. 11502
RESOLUTION AUTHORIZING APPLICATION AND PRIMARY
CONTACT PERSONS FOR MNDOT LANDSCAPE PARTNERSHIP
APPLICATION
Council Meeting Minutes -4- May 22, 2018
This resolution appears as Resolution No. 11502.
M/Trautmann, S/Elliott to approve the consent calendar.
Motion carried 5-0.
Item #7 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT
CALENDAR
None.
Item #8 CONSIDERATION OF THE APPROVAL OF A RESOLUTION AMENDING THE
COMPREHENSIVE PLAN DESIGNATION OF A PROPERTY ON 66TH STREET,
BETWEEN 1ST AND STEVENS AVENUES (101 66TH STREET EAST). (S.R. NO.
88)
Mayor Elliott presented Staff Report No. 88.
Assistant Community Development Director Poehlman stated that approval of the
comprehensive plan amendment does not obligate the Council to approve the development proposal
for this area that will likely be considered next month. They are separate actions that need to be
approved in this order.
Mayor Elliott invited a neighborhood spokesperson to address the Council.
Julie Lapensky, address not given, speaking for the neighborhood, spoke regarding the
neighborhood’s position that an amendment to the comprehensive plan to designate this area as
mixed use should be denied and provided the neighborhood’s reasoning for requesting the denial.
Mayor Elliott read the recommended action and historical context from the staff report. He
discussed the work of citizens in updating the comprehensive plan and that the comprehensive plan
amendment does not obligate the City to approve the current development proposal. He also
discussed the work of the comprehensive plan advisory committee in finding this area should be
mixed use and stated he planned to move to approve the comprehensive plan amendment as it
ratified the work of the committee.
Council Member Regan Gonzalez thanked the neighborhood for their comments and agreed
with Mayor Elliott’s comments. She stated she was not in support of the current development
proposal, based on the building scale and fit in the community; however, that is not the issue before
them tonight. She stated she believe the area was included in the small area study.
Assistant Community Development Director Poehlman confirmed the site was included in the
small area plan of the 66th and Nicollet area.
Council Member Regan Gonzalez explained that she believes mixed-use is the best
designation for the area. She also stated the importance of the Council, community, and developer to
work together to make sure the specific proposal is a better fit to the community and residents.
Council Member Garcia stated she watched the Planning Commission, attended the two open
houses, and visited with the neighbors. She stated when she was asked if she wanted to live in the
Council Meeting Minutes -5- May 22, 2018
neighborhood she said “no”. She echoed the statements made by Mayor Elliott and Council Member
Regan Gonzalez. She agreed the neighbors have legitimate concerns and the challenges this
development brings. She discussed the proposed project and was not sure it was the right density
based on the size of the lot and the proposed commercial and residential. She also discussed the
proposal of a restaurant in the commercial space and didn’t believe there was adequate parking. She
mentioned the lack of green space on the project site as well. Lastly, she asked questions of the
developer that needed to be answered related to the proposed development before it comes to the
Council for consideration.
Council Member Howard thanked the neighborhood for their comments and discussed the
item for consideration is amending the comprehensive plan. He discussed that the comprehensive
plan is for the long-term vision and direction of the city and needs to be forward-looking. He stated he
believed this site makes sense for mixed-use, based on the community feedback and reconstruction
of 66th Street and opportunities across the entire corridor to develop. He commented there are very
few areas in the city for opportunities for development and welcome new Richfield residents into the
community. He stated this site as mixed-use is the most realistic and makes the most sense long-term
and forward-looking. He stated the specific development is a separate discussion but thanked the
neighborhood for their comments and believed the developer is sincere in working with the neighbors
to incorporate feedback.
Council Member Trautmann thanked the residents for all their comments. He stated change is
hard, and that he grew up on a street that had a lot of traffic and still had community in their
neighborhood. He stated he agreed that mixed-use was the right use for the site.
Council Member Regan Gonzalez stated that we are a small community and there are limited
areas for redevelopment and areas to expand our tax base. She also outlined changes made by the
Community Development staff to be more proactive in community outreach.
Council Member Trautmann thanked Council Member Regan Gonzalez for mentioning the
changes and commented on the communication efforts.
M/Elliott, S/Howard to approve a resolution amending the Comprehensive Plan designation of
101 66th Street East from Quasi-Public and Low Density Residential to Mixed Use.
RESOLUTION NO. 11503
RESOLUTION AMENDING THE CITY’S COMPREHENSIVE PLAN
CHANGING THE DESIGNATION OF 101 66TH STREET EAST TO
“MIXED USE”
Motion carried 5-0. This resolution appears as Resolution No. 11503.
Item #9 PUBLIC HEARING AND CONSIDERATION OF THE APPROVAL OF NEW ON-
SALE WINE AND 3.2 PERCENT MALT LIQUOR LICENSES FOR LOS SANCHEZ
TAQUERIA #2, LLC D/B/A LOS SANCHEZ TAQUERIA LOCATED AT 2 WEST
66TH STREET. (S.R. NO. 89)
Council Member Garcia presented Staff Report No. 89 and opened the public hearing.
M/Garcia, S/Elliott to close the public hearing.
Motion carried 5-0.
Council Meeting Minutes -6- May 22, 2018
M/Garcia, S/Elliott to approve the issuance of new On-Sale Wine and 3.2 Percent Malt Liquor
license for Los Sanchez Taqueria #2, LLC d/b/a Los Sanchez Taqueria located at 2 West 66th Street.
Motion carried 5-0.
Item #10 CONSIDERATION OF THE APPROVAL OF THE FIRST READING OF AN
ORDINANCE AMENDING THE TOBACCO ORDINANCE TO INCLUDE
INCREASING THE MINIMUM LEGAL AGE TO PURCHASE TOBACCO
PRODUCTS AND TOBACCO RELATED DEVICES FROM EIGHTEEN (18) TO
TWENTY-ONE (21) YEARS OF AGE AND UPDATING SEVERAL SECTIONS TO
INCLUDE NEW AND UPDATED DEFINITIONS. (S.R. NO. 90)
Council Member Regan Gonzalez presented Staff Report No. 90.
Support Services Manager Anderson provided additional background on the ordinance
amendment.
Council Member Trautmann discussed he would support the Tobacco 21 in general, but would
like to remove the vaping and vaping community from the age limit in the ordinance. He stated he’s
looked at a lot of studies and there is a difference between vaping and smoking. He stated his brother
vapes and quit smoking because of it; the vaping community is a cessationist community. He would
support the ban but asked that vaping be distinguished from cigarettes and other tobacco products.
Mayor Elliott seconded Council Member Trautmann’s amendment and stated he received a lot
of information on vaping, from both sides, but it was mostly anecdotal on the opposition of vaping and
it was medical studies in favor of vaping.
Council Member Howard spoke against the proposed amendment and thought it was
confusing the issue. He stated Tobacco 21 is about access to tobacco products. He stated the studies
show that if people have access to tobacco products very early they are more likely to carry that
addiction forward. He stated studies show that moving the age from 18 to 21 reduce the access for
12, 13, 14 year olds. He stated he thinks vaping should be included.
Council Member Regan Gonzalez spoke against the proposed amendment. She stated it is
about access to nicotine products, which includes vaping products. She stated it is not a discussion
about using vaping as a cessation product or stigmatizing smokers or the vaping community. She
stated this is about access for our youth to nicotine.
M/Trautmann, S/Elliott to amend the proposed ordinance to remove the vaping and vaping
community from the age limit in the ordinance.
Motion denied 2-3 (Council Members Garcia, Howard, and Regan Gonzalez voting against).
Mayor Elliott discussed his concerns for voting for this and putting arbitrary age limits on the
use of legal products. He stated he was going to vote for the ordinance, but does not like the way we
are doing it.
Council Member Garcia discussed the Minnesota legislature failing to pass a bill to not use cell
phones while driving, people wanting gun control legislation, and stated anything that saves lives or
that promotes good health is acceptable.
Council Meeting Minutes -7- May 22, 2018
Council Member Trautmann stated he thinks this measure will bring health and save lives, but
is not persuaded on the vaping component. He will support the ordinance and thanked everyone who
came out.
Council Member Regan Gonzalez stated that tobacco remains to be the number one cause of
preventable death and disease, and in Minnesota the number of 9th and 11th graders using e-
cigarettes and vaping is over twice the rate of regular cigarettes. She stated this is about keeping
nicotine out of the hands of our children. Lastly, she thanked the community members of the audience
here in support of the ordinance amendment.
M/Regan Gonzalez, S/Howard to approve the first reading of an ordinance amending the
tobacco ordinance to include increasing the minimum legal age to purchase tobacco products and
tobacco-related devices from 18 to 21 and schedule the second reading of the ordinance for June 12,
2018.
Motion carried 5-0.
Item #11 CONSIDERATION OF THE APPROVAL OF AN ORDINANCE AMENDING SIGN
REGULATIONS AND A RESOLUTION AUTHORIZING SUMMARY
PUBLICATION OF SAID ORDINANCE. (S.R. NO. 91)
Council Member Howard presented Staff Report No. 91.
M/Howard, S/Regan Gonzalez to approve an ordinance amending sign regulations and
approve a resolution authorizing summary publication of said ordinance.
RESOLUTION NO. 11504
RESOLUTION APPROVING SUMMARY PUBLICATION OF AN
ORDINANCE TO UPDATE SIGN REGULATIONS
Motion carried 5-0. This resolution appears as Resolution No. 11504.
Item #12 CONSIDERATION OF THE APPOINTMENT OF AN ADULT MEMBER TO THE
COMMUNITY SERVICES COMMISSION WITH A TERM EXPIRING JANUARY
31, 2021. (S.R. NO. 92)
Council Member Garcia presented Staff Report No. 92.
M/Garcia, S/Elliott to appoint Ronald Macklem to the Community Services Commission with a
term expiring January 31, 2021.
Motion carried 5-0.
Item #13 SUMMARY REVIEW OF THE CITY MANAGER'S ANNUAL PERFORMANCE
EVALUATION FOR 2017, HELD ON MAY 8, 2018, AS REQUIRED
BY MINN. STATUTES 13D.05 SUBD. 3(A).
Council Meeting Minutes -8- May 22,2018
Mayor Elliott provided a summary of the City Manager's annual performance evaluation for
2017.
Item #14 CITY MANAGER'S REPORT
City Manager Devich thanked the City Council and their support of the City staff. He also
discussed the work of the Three Rivers Park District and their work with the City and the good
relationship they have with staff.
Item #15 CLAIMS AND PAYROLLS
M/Garcia, S/Elliott that the following claims and payrolls be approved:
U.S. Bank 05/22/18
NP Checks: 268017 -268403 $ 1,358,998.58
Payroll: 136417 - 136728; 42797 654,802.38
TOTAL $ 2,013,800.96
Motion carried 5-0.
OPEN FORUM
None.
Item #16 ADJOURNMENT
The meeting was adjourned by unanimous consent at 8:52 p.m.
Date Approved: June 12, 2018 z/zo,
�ll •
Bayo
JaYed Voto ♦"'men L. Devich
Executive Aide/Analyst City Manager