06-12 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
June 12, 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; Pam Dmytrenko,
Assistant City Manager/HR Manager; 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; Jack
Broz, Transportation Engineer; 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/Elliott to approve the minutes of the: (1) Special joint City Council and HRA work
session of May 21, 2018; (2) Special City Council work session of May 22, 2018; (3) Special City
Council work session of May 22, 2018; and (4) Regular City Council meeting of May 22, 2018.
Motion carried 5-0.
Item #1 GENE & MARY JACOBSEN CITIZEN OF THE YEAR FOR 2018 AWARD
Council Member Howard introduced Mark Westergaard, Chair of the Human Rights
Commission. Chair Westergaard announced the Citizen of the Year for 2018 Award was awarded to
Joyce Marrie and read her nomination. Kim Jacobsen, son of Gene & Mary Jacobsen, presented the
Council Meeting Minutes -2- June 12, 2018
award to Ms. Marrie. Ms. Marrie thanked the City of Richfield, the Richfield City Council, Human
Rights Commission, spoke about her work and read a poem she wrote.
Council Members praised and thanked Ms. Marrie for her work, saying she is what makes
Richfield great.
Item #2 HUMAN RIGHTS COMMISSION 2017 YEAR IN REVIEW
Council Member Howard re-introduced Mark Westergaard, Chair of the Human Rights
Commission. Chair Westergaard provided the purpose of the Human Rights Commission and gave a
review of 2017-2018 work done by the Commission.
Council Member Howard thanked Chair Westergaard his work as Chair and shared his
appreciation for the work they do for Richfield.
Council Member Garcia thanked Chair Westergaard and the Commission for their work.
Chair Westergaard thanked the City for their support and Mike Koob as liaison.
Item #3 COUNCIL DISCUSSION
Hats Off to Hometown Hits
Council Member Garcia spoke regarding concerts in the park on Thursday, June 14 at
Augsburg Park; on June 19 at Augsburg Park there is kids entertainment by The Alpha Bits at 12
p.m.; on June 20 at Richfield Historical Society there is a concert by the Ghost Wagon band; on June
22 there is a program for home alone safety for 9-12 year olds from 9 a.m. to 3 p.m. at Richfield
Central School, at a cost of $20; on June 26 at 12 p.m. there is kids entertainment at Augsburg Park
by Kid Power w/ Rachael.
Council Member Trautmann spoke regarding attending the first curling club event at the
Richfield Ice Arena and stated this is the only location in Hennepin County to curl. He asked people to
visit their website (www.richfieldcurlingclub.com) for more information and join a new comer’s league.
Mayor Elliott spoke regarding also attending the curling event and invited others to go to the
ice arena and try it. He also reminded everyone that the 4th of July is approaching and invited the
community to volunteer and help out at the events.
Council Member Howard spoke regarding the opening of the Richfield pool and that season
passes are available on the website. He also mentioned the terrific Memorial Day event, despite the
heat.
Council Member Regan Gonzalez spoke regarding the Dementia Friendly kickoff luncheon on
June 20 at 11:30 a.m. to 2 p.m. at the Richfield Community Center, and spoke about the community’s
effort to become dementia-friendly.
Mayor Elliott also spoke about the professional wrestling event at the 4th of July festivities and
stated he has volunteered to referee a match.
Council Meeting Minutes -3- June 12, 2018
Item #4 APPROVAL OF THE AGENDA
M/Howard, S/Elliott to approve the agenda.
Motion carried 5-0.
Item #5 CONSENT CALENDAR
City Manager Devich presented the consent calendar.
A. Consideration of the approval of a Community Celebration Event license (with a request for
the fee to be waived) and a Temporary On-Sale Intoxicating Liquor license from the Fourth of
July Committee for events scheduled at Veterans Memorial Park, July 3 - 4, 2018. (S.R. No.
93)
B. Consideration of the approval of a Temporary On Sale Intoxicating Liquor license for activities
scheduled to take place July 4, 2018, for the Minneapolis-Richfield American Legion Post
#435, located at 6501 Portland Avenue South. (S.R. No. 94)
C. Consideration of the approval of a bid tabulation and award of contract to Corrective Asphalt
Materials, LLC for the 2018 Maltene Pavement Rejuvenation Project in the amount $486,200,
and authorize the City Manager to approve contract changes under $100,000 without further
City Council consideration. (S.R. No. 95)
D. Consideration of the adoption of a resolution authorizing the 69th Street West Pedestrian
Improvements Project application submission for Federal Surface Transportation Program
(STP) funds under the Metropolitan Council's Regional Solicitation process. (S.R. No. 96)
RESOLUTION NO. 11505
RESOLUTION AUTHORIZING SUBMISSION OF THE 69th STREET
WEST PEDESTRIAN PROJECT FUNDING APPLICATION FOR
FEDERAL SURFACE TRANSPORTATION PROGRAM FUNDS
This resolution appears as Resolution No. 11505.
E. Consideration of the approval of an Amendment of Commercial Lease with the Minnesota
Department of Transportation and Amendment of License Agreement with Transmission Shop,
Inc. for the parking lot at Cedar Avenue and Diagonal Boulevard and authorize the City
Manager and Mayor to execute any renewals of the Amendment of Commercial Lease and
Amendment to License Agreement after June 30, 2020, without further Council consideration.
(S.R. No. 97)
F. Consideration of the adoption of a resolution supporting a Livable Communities Demonstration
Act grant application to the Metropolitan Council for the Cedar Point II housing project. (S.R.
No. 98)
RESOLUTION NO. 11506
RESOLUTION IDENTIFYING THE NEED FOR LIVABLE COMMUNITIES
DEMONSTRATION ACCOUNT (“LCDA”) FUNDING AND AUTHORIZING
AN APPLICATION FOR GRANT FUNDS
This resolution appears as Resolution No. 11506.
Council Meeting Minutes -4- June 12, 2018
G. Consideration of the approval of a first reading of an ordinance rezoning 6328 Aldrich Avenue
from Single family Residential to Planned Mixed Use, related to a proposal for the former
Lyndale Garden Center property. (S.R. No. 99)
H. Consideration of the approval of the lease agreement between the City of Richfield and ETS
Elite South Central, LLC for use of the space formerly occupied by Hat Trick Hockey to
conduct physical training programs. (S.R. No. 100)
I. Consideration of the adoption of a resolution appointing Whitney Bain and Kristen Lindquist to
the Board of Directors of the Richfield Tourism Promotion Board, Inc. (S.R. No. 101)
RESOLUTION NO. 11507
RESOLUTION APPOINTING REPRESENTATIVES TO THE BOARD OF
DIRECTORS OF THE RICHFIELD TOURISM PROMOTION BOARD,
INC.
This resolution appears as Resolution No. 11507.
M/Elliott, S/Regan Gonzalez 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 AND CONSIDERATION OF THE ADOPTION OF A
RESOLUTION PROVIDING HOST APPROVAL FOR THE ISSUANCE OF
TAXEXEMPT REVENUE BONDS BY THE CITY OF BETHEL FOR THE BENEFIT
OF PARTNERSHIP ACADEMY. (S.R. NO. 102)
Council Member Trautmann presented Staff Report No. 102 and opened the public hearing.
M/Howard, S/Elliott to close the public hearing.
Motion carried 5-0.
M/Trautmann, S/Garcia to adopt a resolution authorizing the City of Bethel to issue tax-exempt
revenue bonds on behalf of Partnership Academy.
RESOLUTION NO. 11508
RESOLUTION CONSENTING TO AND APPROVING THE ISSUANCE
BY THE CITY OF BETHEL OF ITS CONDUIT REVENUE OBLIGATIONS
AND TAKING OTHER ACTIONS WITH RESPECT THERETO
Motion carried 5-0. This resolution appears as Resolution No. 11508.
Council Meeting Minutes -5- June 12, 2018
Item #8 CONSIDERATION OF THE FIRST READING OF AN ORDINANCE REZONING
PROPERTY AT 101 66TH STREET EAST (66TH STREET AND 1ST AVENUE)
FROM SINGLE-FAMILY RESIDENTIAL TO PLANNED MIXED USE. (S.R. NO.
103)
Mayor Elliott presented Staff Report No. 103.
M/Elliott, S/Trautmann to approve a first reading of an ordinance that amends Richfield Zoning
Code Appendix I to designate 101 66th Street East as Planned Mixed Use.
Council Member Howard commented that he sees a lot of value to adding mixed use to this
site. He stated he wanted continued dialog between the neighbors and developer as there are
continuing concerns from the neighborhood.
Mayor Elliott commented that he attended Planning Commission meetings and listened to the
testimony and discussions. He stated he was somewhat in favor of the project to begin with and some
of the comments made by the Planning Commission members, who were presented with more
testimony than the City Council have received, who were not necessarily in favor of the development
to begin with, and after several hearings and witnessing changes have changed their opinion from
somewhat against to affirming and voting positively for the development. He stated the City Council
uses the Planning Commission’s hearings and recommendations to guide their decisions. He
continued that there has been a good faith attempt to work with the neighbors and agreed to
continuing the dialog.
Motion carried 5-0.
Item #9 CONSIDERATION OF THE SECOND 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 AND ADOPT A RESOLUTION FOR SUMMARY
PUBLICATION OF THE ORDINANCE. (S.R. NO. 104)
Council Member Regan Gonzalez presented Staff Report No. 104.
Jennifer Anderson, Support Services Manager, spoke about a minor change since the last
reading of the ordinance.
Council Member Garcia thanked Council Member Regan Gonzalez and staff for their work on
this ordinance.
Council Member Trautmann commented about the American Cancer Society’s public
statement on eliminating combustible tobacco and they draw distinction between combustible tobacco
and electronic cigarettes and where the health risks lie. He predicted the small vaping shops will be
eliminated in the next five years as these devices are sold at gas stations next to combustible tobacco
products and that big tobacco will win in the end.
Council Member Regan Gonzalez thanked Bloomington Public Health, the Richfield Advisory
Board of Health, and the youth and community members for their work on this issue.
Council Meeting Minutes -6- June 12, 2018
M/Regan Gonzalez, S/Garcia to approve the second 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 adopt a resolution for summary publication of the
Ordinance.
RESOLUTION NO. 11509
RESOLUTION APPROVING SUMMARY PUBLICATION OF AN
ORDINANCE PERTAINING TO TOBACCO SALES AND THE
REGULATION OF SMOKING
Motion carried 5-0. This resolution appears as Resolution No. 11509.
Item #10 CONSIDERATION OF APPROVAL OF THE PRELIMINARY DESIGN LAYOUT
OF LYNDALE AVENUE RECONSTRUCTION PLAN FROM 66TH STREET TO
76TH STREET AS RECOMMENDED BY THE TRANSPORTATION
COMMISSION. (S.R. NO. 105)
Council Member Howard presented Staff Report No. 105.
Jack Broz, Transportation Engineer, presented an overview of the preliminary design process
for the Lyndale Avenue Reconstruction project. He presented the public outreach including four open
houses and six transportation commission meetings and the motorists’, pedestrians’, and bicyclists’
concerns that were heard through the outreach. He presented the project measures based on the
feedback received and displayed the proposed facilities for each type of user. He also presented
notes of proposed changes along the corridor, including mini roundabouts between 68th to 66th
Streets. Lastly, he outlined the next steps if Council approved the preliminary design.
Wes Dunser, Transportation Commission member, spoke regarding the safety of crossing
Lyndale Avenue is an issue he has discussed with his neighbors. He also discussed looking at this
road for the next 50 years and what that means with multimodal transportation and needs of the
community.
Mayor Elliott invited Larry Koch to speak to the Council.
Larry Koch, 471 Big Horn Drive, Chanhassen, attorney representing Nola Wagner of 7000
Lyndale Avenue, spoke about her concerns with the proposed changes to Lyndale and specifically the
roundabout at 70th Street as it relates to safety and access from her property. He provided a letter to
the City Council title “Objection to Lyndale Avenue Reconstruction Plan from 66th Street to 76th
Street”, outlining Ms. Wagner’s objections.
Council Member Trautmann stated he had an opportunity to talk with Ms. Wagner and asked
Mr. Koch for clarification if there were any taking of her property with the addition of the roundabout,
or is it the City’s property.
Mr. Koch responded that based on his examination that the improvements fall within the City’s
property. He stated the bigger issue is the access to Lyndale.
Council Member Trautmann asked Transportation Engineer Broz if this is something to resolve
this evening or if this could be revisited at the Transportation Commission.
Council Meeting Minutes -7- June 12, 2018
Transportation Engineer Broz responded explaining the process of going to detailed design
and taking a look at the impacts in more detail and the process of looking at parcel by parcel. This
isn’t done at preliminary design.
City Manager Devich clarified that the property is within the City right-of-way and there is no
taking in this case.
Mayor Elliott asked about the process of preliminary design versus final design and the
timeline.
Transportation Engineer Broz responded the schedule is to bid in the winter and would need to
move into detail design to stay on schedule.
Mayor Elliott asked if it was possible to meet in the next 7-10 days to meet with Mr. Koch and
other homeowners who may have concerns.
Transportation Engineer Broz responded that was possible and highlighted the presentation
outlined that contacting the adjacent property owners would take place as detailed design begins.
Council Member Howard commented that safety is a key issue with the corridor. He stated that
as Council has looked at roundabout safety has been a key component of that. He asked if safety was
part of the justification for looking at a roundabout at 70th Street.
Transportation Engineer Broz responded there is not an existing crash issue at 70th Street. He
stated there are issues of maintaining a signal over time and highlighted a roundabout has additional
benefits of pedestrian crossing.
Council Member Howard asked about the proximity to Ms. Wagner’s driveway to the proposed
roundabout, as it relates to existing roundabouts in the city.
Public Works Director Asher responded that there are access points on Portland that are
within where the medians and closer to the roundabout.
Mr. Koch commented he has done a lot of studies in the past 24 hours on roundabouts and
asked that there be a dialog. He stated they have some ideas and changes to Lyndale and a
roundabout that would change site lines and increase safety. He stated there is room for dialog about
whether roundabouts are actually safer for bicycles and pedestrians.
Council Member Howard asked if approval tonight would preclude the Council from changing
the roundabout to a signal.
Public Works Director Asher responded that if the intersection control is proposed to change
the process is moving back six months and it impacts the entire design as the roundabouts narrowed
the roadway and allowed motorists to use them as U-turns to access their property, which reduced the
impacts on the property owners. She stated that roundabouts are safer for everyone.
Council Member Howard asked if the Council votes to approve the plans is it a vote for a
roundabout at 70th or is there leeway for dialog.
Public Works Director Asher stated her interpretation is if you are considering to not put a
roundabout at 70th to not approve the plan.
Council Member Howard asked if the item should be tabled for two weeks, or does that throw
off the timeline.
Council Meeting Minutes -8- June 12, 2018
Public Works Director Asher stated if the design stayed the same as is proposed the two
weeks would not be an issue but if it ended up different it would probably be moved from 2019.
Mayor Elliott asked when the plan first came out with the roundabout at 70th Street.
Public Works Asher responded she believed it was the third open house, of February 20,
2018.
Mayor Elliott asked about notice given to people along the corridor.
Public Works Asher responded the notice was to invite people to the open house or view the
plans online if they were unable to attend.
Mayor Elliott commented on the time the project has been discussed and that the roundabouts
have been proposed since late February, we are too far down the road and will seriously jeopardize
the project moving forward. He acknowledged the concerns raised by Mr. Koch and his clients and
stated they had opportunities before this date to raise the concerns. He stated he would be voting yes
to continue the process.
Council Member Howard commented overall he thought the plan was strong and appreciated
Commissioner Dunser’s comments about looking into the future and building a road for 50 years from
now. He stated being mindful we’re building a road for 50 years, he preferred taking two weeks to
discuss the issue with residents.
Mayor Elliott commented he appreciate Council Member Howard affording the opportunity but
went back to altering what is proposed at 70th Street changes the whole plan and it is not quite as
simple as only looking at 70th. He stated at this stage they weren’t in the position to stop the project.
Council Member Garcia commented that no one likes change, and she remembers when
Lyndale was redesigned previously. She commented that there have been a number of open houses
and the Transportation Commission attended those meetings. She respects the time and effort put
into this by the Transportation Commission and their recommendation. She stated she would support
the staff recommendation.
Mr. Koch commented he believed Ms. Wanger had met with Council Members and staff and
her issues have not been addressed. He stated the City’s policy on streets says the City will be
involved with the public all the way through to design.
Council Member Trautmann commented that he did speak with Ms. Wagner and his
understanding that this was her land and would be a taking, but after talking with staff he understood
there would not be a taking. He generally supports Council Member Howard’s position to slow the
process, but he stated he wants to respect the recommendation of the Transportation Commission,
who are volunteer residents, and would vote to move forward.
Council Member Regan Gonzalez asked for clarification from staff about if Council thinks the
intersection should be a signal we should vote no, and if Council agree the plan, including the
roundabout, the Council should vote yes, but that doesn’t preclude Council and staff from continuing
conversation with residents about protections.
Public Works Director Asher responded she agreed with her assessment.
Council Member Howard stated he would be voting for the item, speaking about the entirety of
the design. He stated it is forward looking and the right approach. He appreciated the work that has
gone into the project from the City and residents and wanted to make sure the dialog continues.
Council Meeting Minutes -9- June 12, 2018
M/Howard, S/Garcia to approve the preliminary design layout for the Lyndale Avenue
Reconstruction Project from 66th Street to 76th Street as recommended by the Transportation
Commission.
Motion carried 5-0.
Item #11 CITY MANAGER’S REPORT
City Manager Devich discussed cancelling the second City Council meeting in August (August
28), which the Council has done in the past. He also discussed scheduling a budget meeting for either
August 29 or September 5. He also discussed the need to change the first meeting in August (August
14) because it falls on the state-wide primary date. He suggested having the meeting on August 21.
Council agreed with the meeting on August 21 and cancelling the August 28 meeting.
City Manager Devich read the resignation letter he submitted to the Richfield City Council,
effective November 30, 2018, and thanked the City Council for the opportunities they have given him.
Mayor and Council Members thanked City Manager Devich for his service for the city of
Richfield.
Item #12 CLAIMS AND PAYROLLS
M/Garcia, S/Elliott that the following claims and payrolls be approved:
U.S. Bank 06/12/18
A/P Checks: 268404 - 268843 $ 1,859,173.47
Payroll: 136729 - 137051; 42798 - 42801 656,013.57
TOTAL $ 2,515,187.04
Motion carried 5-0.
OPEN FORUM
None.
Item #13 ADJOURNMENT
The meeting was adjourned by unanimous consent at 8:45 p.m.
Council Meeting Minutes -10- June 12,2018
Date Approved: June 26, 2018
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