09-11 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
September 11, 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; Maria Regan Gonzalez; Michael Howard; and Simon
Present: Trautmann.
Council Members Edwina Garcia.
Absent:
Staff Present: Steven L. Devich, City Manager; Mary Tietjen, City Attorney; Pam Dmytrenko,
Assistant City Manager/HR Manager; John Stark, Community Development
Director; Jay Henthorne, Chief of Police; Jim Topitzhofer, Recreation Services
Director; Kristin Asher, Public Works Director; Chris Regis, Finance Director;
Melissa Poehlman, Planning and Redevelopment Manager/Assistant
Community Development Director; Jeff Pearson, City Engineer; Kris Weiby,
Facilities Manager; Jennifer Anderson, Support Services Manager; and Jared
Voto, Executive Aide/Analyst.
Mayor Elliott asked for a moment of silence for remembrance of September 11.
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: (1) Special concurrent City Council
and Planning Commission work session of August 20, 2018; (2) Special concurrent City Council,
Housing and Redevelopment Authority, and Planning Commission work session of August 20, 2018;
(3) Special City Council work session of August 21, 2018; (4) Special City Council meeting of August
21, 2018; (5) Special City Council work session of September 4, 2018; (6) Special City Council
meeting of September 5, 2018.
Council Meeting Minutes -2- September 11, 2018
Motion carried 4-0.
Item #1 OPEN STREETS AT PENN FEST ON SUNDAY, SEPTEMBER 16, FROM 12-5
P.M.
Gordon Hanson, spoke about Open Streets at Penn Fest being held on Sunday, September
16 from 12-5 p.m. and invited everyone to attend. He stated there will be over 100 exhibitors and 12
food trucks.
Item #2 BONNIE PAULSON, BLOOMINGTON PUBLIC HEALTH ADMINISTRATOR
Bonnie Paulson, City of Bloomington Public Health Administrator, provided highlights from the
2017 annual report.
Council Members thanked Ms. Paulson for the work she does in Richfield.
Item #3 PROCLAMATION DECLARING SEPTEMBER 9-15, 2018, AS DIRECT
PROFESSIONALS WEEK IN THE CITY OF RICHFIELD
Mayor Elliott read the proclamation and presented it to a staff member from Mount Olivet
Rolling Acres.
Item #4 COUNCIL DISCUSSION
Hats Off to Hometown Hits
Council Member Trautmann spoke regarding Penn Fest and invited people to attend; and
thanked staff for the work on the City’s budget.
Council Member Howard spoke regarding the Fox 9 news piece about the new development
happening in Richfield; and about opting out of receiving a phone book by going to
www.yellowpagesoptout.com.
Council Member Regan Gonzalez spoke regarding taking a moment to remember the lives
lost on September 11; cookout with cops was attended by over 100 residents; and invited people to
attend Richfield’s Complete Count Committee kick-off on Thursday, September 13 from 6:30 to 8 p.m.
at the Community Center.
Mayor Elliott spoke regarding the media publications shining a light on Richfield’s
development; a day last week of the ribbon cutting at Havenwood, a home for assisted living and
memory care, a ground breaking for Primrose School, and visiting Therapy of Champions; and his
family attending cookout with cops.
Item #5 APPROVAL OF THE AGENDA
Council Meeting Minutes -3- September 11, 2018
M/Howard, S/Trautmann to approve the agenda
Motion carried 4-0.
Item #6 CONSENT CALENDAR
City Manager Devich presented the consent calendar.
A. Consideration of the adoption of resolutions pertaining to the annual Lyndale/HUB/Nicollet
(LHN) maintenance assessment process and scheduling a public hearing for October 9, 2018.
(S.R. No. 141)
RESOLUTION NO. 11530
RESOLUTION DECLARING COST TO BE ASSESSED AND
ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR
LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE FOR THE PERIOD
JANUARY 1, 2017 THROUGH DECEMBER 31, 2017
RESOLUTION NO. 11531
RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE
COSTS OF CURRENT SERVICES PROVIDED WITHIN THE
LYNDALE/HUB/NICOLLET (LHN) PROJECT AREA FOR THE PERIOD
JANUARY 1, 2019 THROUGH DECEMBER 31, 2019
These resolutions appear as Resolution No. 11530 and 11531.
B. Consideration of the adoption of resolutions pertaining to the annual 77th Street maintenance
district assessment process and scheduling a public hearing for October 9, 2018. (S.R. No.
142)
RESOLUTION NO. 11532
RESOLUTION DECLARING COST TO BE ASSESSED AND
ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR
77TH STREET MAINTENANCE FOR THE PERIOD JANUARY 1, 2017
THROUGH DECEMBER 31, 2017
RESOLUTION NO. 11533
RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE
COSTS OF CURRENT SERVICES PROVIDED WITHIN THE 77TH
STREET PROJECT AREA FOR THE PERIOD JANUARY 1, 2019
THROUGH DECEMBER 31, 2019
These resolutions appear as Resolution No. 11532 and 11533.
C. Consideration of the adoption of a resolution declaring costs to be assessed for removal of
diseased trees from private property for work ordered in 2017 and scheduling a public hearing
for October 9, 2018. (S.R. No. 143)
RESOLUTION NO. 11534
RESOLUTION DECLARING COSTS TO BE ASSESSED AND
ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR
Council Meeting Minutes -4- September 11, 2018
REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY FOR
THE PERIOD OF JANUARY 1, 2017 TO DECEMBER 31, 2017
This resolution appears as Resolution No. 11534.
D. Consideration of the adoption of a resolution declaring costs to be assessed for current
services performed for weed elimination from private property and removal or elimination of
public health or safety hazards from private property. (S.R. No. 144)
RESOLUTION NO. 11535
RESOLUTION DECLARING COSTS TO BE ASSESSED AND
ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR
WEED ELIMINATION FROM PROVATE PROPERTY AND REMOVAL
OR ELIMINATION OF PUBLIC HEALTH OR SAFETY HAZARDS FROM
PRIVATE PROPERTY
This resolution appears as Resolution No. 11535.
E. Consideration of the adoption of a resolution declaring costs to be assessed for unpaid false
alarm user fees against private property. (S.R. No. 145)
RESOLUTION NO. 11536
RESOLUTION DECLARING COSTS TO BE ASSESSED AND
ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR
UNPAID FALSE ALARM FEES FROM PROVATE PROPERTY
This resolution appears as Resolution No. 11536.
F. Consideration of the adoption of a resolution approving eligible deferral of special
assessments against an owner occupied property. (S.R. No. 146)
RESOLUTION NO. 11537
RESOLUTION APPROVING ELIGIBLE DEFERRAL OF SPECIAL
ASSESSMENTS AGAINST OWNER OCCUPIED HOMESTEAD
PROPERTIES IN HARDSHIP CASES FOR QUALIFYING OWNERS
This resolution appears as Resolution No. 11537.
G. Consideration of the adoption of a resolution designating the City's contribution towards
health, dental, term life, and disability insurance premiums for 2019 for General Services,
Management, Fire bargaining unit, Police bargaining unit, Sergeant bargaining unit, and
Lieutenant bargaining unit. (S.R. No. 147)
RESOLUTION NO. 11538
RESOLUTION DESIGNATING CITY'S CONTRIBUTION TOWARD
HEALTH, DENTAL, TERM LIFE, AND DISABILITY INSURANCE
PREMIUM FOR GENERAL SERVICES, MANAGEMENT, FIRE, AND
POLICE EMPLOYEES
This resolution appears as Resolution No. 11538.
H. Consideration of the adoption of a resolution authorizing acceptance of Office of Traffic Safety
(OTS) funds for an extension on an original four-year grant to fully fund an officer and fully
equipped squad car dedicated for DWI enforcement in Richfield. (S.R. No. 148)
Council Meeting Minutes -5- September 11, 2018
RESOLUTION NO. 11539
RESOLUTION AUTHORIZING THE DEPARTMENT OF PUBLIC
SAFETY/POLICE TO ACCEPT GRANT MONIES FROM THE OFFICE
OF TRAFFIC SAFETY IN THE AMOUNT OF $91,246 OR A LESSER
AMOUNT, AS AWARDED BY THE DEPARTMENT OF PUBLIC
SAFETY, TO FUND A POLICE OFFICER AND FULLY EQUIPPED
SQUAD DEDICATED TO DWI ENFORCEMENT
This resolution appears as Resolution No. 11539.
I. Consideration of the approval of the 2018-2019 contract with the City of Bloomington, using
public health emergency preparedness grant funds distributed by a federal grant from the
Centers for Disease Control, to provide services in the area of public health emergency
preparedness/bio-terrorism and the development of a response system. (S.R. No. 149)
J. Consideration of the approval of the continuation of an agreement with the City of Bloomington
for the provision of food inspection services for Richfield for 2019. (S.R. No. 150)
K. Consideration of the approval of a request for the temporary expansion of the licensed
premises for Davanni's, located at 6345 Penn Avenue South, to allow for the outside service
of strong beer on Sunday, September 16, 2018, in conjunction with Richfield's Open Streets at
Penn Fest event. (S.R. No. 151)
L. Consideration of the approval of a request for the temporary expansion of the licensed
premises for Thompson's Fireside Pizza, Inc., d/b/a Fireside Foundry, located at 6736 Penn
Avenue South, to allow for the outside service of strong beer in their parking lot on Sunday,
September 16, 2018, in conjunction with Richfield's Open Streets at Penn Fest event. (S.R.
No. 152)
M. Consideration of the approval of a Temporary On Sale Intoxicating Liquor license for the
Richfield Foundation's Wine Tasting event to take place on Thursday, October 11, 2018, in the
atrium area of Woodlake Center, located at 6601 Lyndale Ave South. (S.R. No. 153)
N. Consideration of the approval of the first reading of an ordinance rezoning properties between
Taft Park and 65th Street, and 16th Avenue and Richfield Parkway as Planned Multi-Family
Residential (PMR). (S.R. No. 154)
O. Consideration of the approval of an Amendment to the Agreement for Management Services
with Wheel Fun Rentals, LLC to continue management services for Malt-T-Melt Mini-Golf.
(S.R. No. 155)
M/Elliott, S/Trautmann to approve the consent calendar.
Motion carried 4-0.
Item #7 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT
CALENDAR
None.
Item #8 CONSIDERATION OF THE APPROVAL OF THE FIRST READING OF AN
ORDINANCE ADOPTING A NEW CITY CODE SECTION 409 RELATING
TO THE SALE OF AFFORDABLE RENTAL HOUSING AND ESTABLISHING
NOTICE AND RELOCATION ASSISTANCE REQUIREMENTS FOR NEW
OWNERS AND SCHEDULING A SECOND READING ON SEPTEMBER 25, 2018.
(S.R. NO. 156)
Council Meeting Minutes -6- September 11, 2018
Council Member Howard presented Staff Report No. 156.
Community Development Director Stark stated staff and the City Council received feedback
yesterday evening from Richfield’s community housing team and many suggestions were technical or
clarifying in nature and staff believes they can be incorporated into the final document. Some items
were substantive in nature and would require policy direction from the Council.
Mayor Elliott asked about the process of substantive changes getting incorporated prior to the
second reading.
City Attorney Tietjen stated staff can reach out to Council Members to provide feedback.
Council Member Howard thanked the renters and staff for making sure this proposal fit with
Richfield.
Community Development Director Stark stated the biggest issue with this ordinance is finding
out when properties are sold and staff is working with Hennepin County to create a process to
address the issue.
Council Member Howard discussed our work and the work of other cities and continuing this
work.
Council Member Regan Gonzalez discussed having regular conversations with residents on
this topic and ensuring we are using every tool possible to assist our homeowners and renters. She
stated this is one set of tools of a number the City is looking at.
Council Member Trautmann discussed the growth of wealth for homeowners based on
increase in property values in Richfield and that renters do not see this growth. He commented this is
a good step to assist renters.
M/Howard, S/Elliott to approve the first reading of an ordinance adopting a new City Code
Section 409 relating to the sale of affordable rental housing and establishing notice and relocation
assistance requirements for new owners and schedule a second reading on the ordinance for
September 25, 2018.
Motion carried 4-0.
Item #9 CONSIDERATION OF THE ADOPTION OF A RESOLUTION OPPOSING THE
CONCEPT OF ALLOWING STRONG BEER, SPIRITS AND WINE TO BE
SOLD, FOR OFF PREMISE CONSUMPTION, AT ANY OUTLET OTHER THAN
THE MUNICIPAL LIQUOR STORES. (S.R. NO. 157)
Council Member Trautmann presented Staff Report No. 157.
M/Trautmann, S/Elliott to adopt a resolution to oppose the concept of allowing strong beer,
spirits and wine to be sold, for off premise consumption, at any outlets other than the municipal liquor
stores.
RESOLUTION NO. 11540
RESOLUTION OPPOSING ALLOWING STRONG BEER, SPIRITS AND
WINE IN OTHER OUTLETS THAN THE MUNICIPAL LIQUOR STORE
Council Meeting Minutes -7- September 11, 2018
Motion carried 4-0. This resolution appears as Resolution No. 11540.
Council Member Regan Gonzalez commented that in 2018 contributed $45,000 to park
maintenance, $5,000 to Wood Lake Nature Center, $300,000 to the ice arena, and $100,000 to the
park master plan. She stated this money helps ensure we have a thriving parks system.
Item #10 CONSIDERATION OF THE APPOINTMENT OF YOUTH MEMBERS TO CITY
ADVISORY BOARD/COMMISSIONS. (S.R. NO. 158)
Council Member Regan Gonzalez presented Staff Report No. 158.
M/Regan Gonzalez, S/Trautmann to appoint persons to fill vacant youth terms on City
advisory board/commissions, as follows:
Advisory Board of Health – Ruth Kiflu
Arts Commission – Deborah Cooper
Community Services Commission – Ava Noack
Community Services Commission – Andy Soto
Human Rights Commission – Luz Luna Apodaca
Human Rights Commission – Deandra Davis
Transportation Commission – Jack Wold
Transportation Commission – Francine Legba
Motion carried 4-0.
Item #11 CONSIDERATION OF ADOPTION OF THE 2018 REVISED/2019 PROPOSED
BUDGET RESOLUTIONS ADOPTING THE 2019 PRELIMINARY
PROPERTY TAX LEVY, SETTING TRUTH IN TAXATION HEARING DATE,
AUTHORIZING BUDGET REVISIONS, AND AUTHORIZING REVISION OF
2018 BUDGET OF VARIOUS DEPARTMENTS. (S.R. NO. 159)
Council Member Regan Gonzalez presented Staff Report No. 159.
Finance Director Regis delivered a presentation that included the budget timeline, key budget
issues for 2019, history of state aid, proposed 2019 gross levy, gross tax levy history, 2019 proposed
budget, general fund revenues, and general fund expenditures.
City Manager Devich provided a brief explanation of the levy impact on an average home by
explaining tax capacity, tax capacity rate, and a homeowners property taxes.
Council Member Regan Gonzalez asked staff to describe how the value of a home is
determined.
City Manager Devich stated that the market value of a person’s home is determined by the
County Assessor, not the City. If residents have an issue with the increase in the value of their home
they can talk to the County in the spring during the open book process.
Council Member Trautmann asked to elaborate on the fact that these are preliminary
numbers.
Council Meeting Minutes -8- September 11, 2018
City Manager Devich stated that these are estimates based on what information we have at
this time. He also stated that the budget meeting from September 5 will be available online in the near
future for residents to watch.
M/Regan Gonzalez, S/Elliott to adopt resolutions establishing the 2019 preliminary property
tax levy and proposed date for the Truth in Taxation hearing, authorizing budget revisions, and
authorizing revision of 2018 budget of various departments.
RESOLUTION NO. 11541
RESOLUTION ADOPTING A PROPOSED BUDGET AND TAX LEVY
FOR THE YEAR 2019
RESOLUTION NO. 11542
RESOLUTION AUTHORIZING BUDGET REVISIONS
RESOLUTION NO. 11543
RESOLUTION AUTHORIZING REVISION OF 2018 BUDGET OF
VARIOUS DEPARTMENTS
Motion carried 4-0. These resolutions appear as Resolution No. 11541, 11542, and 11543.
Item #12 CITY MANAGER’S REPORT
City Manager Devich stated he had nothing to report.
Item #13 CLAIMS AND PAYROLLS
M/Elliott, S/Regan Gonzalez that the following claims and payrolls be approved:
U.S. Bank 08/28/18
A/P Checks: 270519 - 270897 $ 2,007,220.49
Payroll: 138936 - 139311 ; 42807 - 42868 699,205.80
TOTAL $ 2,706,426.29
U.S. Bank 09/11/18
A/P Checks: 270898 - 271251 $ 992,331.26
Payroll: 139312 - 139669 634,140.79
TOTAL $ 1,626,472.05
Motion carried 4-0.
OPEN FORUM
None.
Item #14 CLOSED SESSION PURSUANT TO MINNESOTA STATUTES, SECTION 13D.05,
SUBD. 3(C)(2) TO DISCUSS PROTECTED NONPUBLIC APPRAISAL DATA
Council Meeting Minutes -9- September 11,2018
(CLASSIFIED PURSUANT TO MINNESOTA STATUTES, SECTION 13.44, SUBD.
3(A)) ON THE MOTEL 6 PROPERTY LOCATED AT 7636 CEDAR AVENUE
SOUTH, RICHFIELD, MINNESOTA, AND A CLOSED SESSION PURSUANT TO
MINNESOTA STATUTES, SECTION 13D.05, SUBD. 3(B) FOR AN ATTORNEY-
CLIENT PRIVILEGED DISCUSSION OF THE AMOUNT OF THE LAST WRITTEN
OFFER TO BE MADE PURSUANT TO MINNESOTA STATUTES, SECTION
117.031.
Mayor Elliott moved the meeting to closed session at 8:20 p.m.
The City Council reconvened the meeting at 9:11 p.m.
Item #15 CONSIDERATION OF THE ADOPTION OF A RESOLUTION APPROVING THE
77TH STREET IMPROVEMENTS FINAL LAYOUT DATED OCTOBER 2017 AND
THE USE OF EMINENT DOMAIN TO ACQUIRE PRIVATE PROPERTY AS
REQUIRED FOR THE CONSTRUCTION OF THE 77TH STREET/RICHFIELD
PARKWAY PROJECT. (S.R. NO. 160)
Mayor Elliott presented Staff Report No. 160.
M/Elliott, S/Regan Gonzalez to adopt a resolution approving the 77th Street Improvements
Final Layout dated October 2017 and the use of eminent domain to acquire private property as
required for the construction of the 77th Street/Richfield Parkway Project.
RESOLUTION NO. 11544
RESOLUTION APPROVING THE 77TH STREET IMPROVEMENTS
FINAL LAYOUT AND USE OF EMINENT DOMAIN TO ACQUIRE
PRIVATE PROPERTY AS REQUIRED FOR THE CONSTRUCTION OF
THE 77TH STREET/RICHFIELD PARKWAY PROJECT
Motion carried 4-0. This resolution appears as Resolution No. 11544.
Item #16 ADJOURNMENT
The meeting was adjourned by unanimous consent at 9:12 p.m.
Date Approved: September 25, 2018
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Executive Aide/Analyst City Manager