09-25 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
September 25, 2018
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; Maria Regan Gonzalez; Michael Howard;
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; Melissa
Poehlman, Planning and Redevelopment Manager/Assistant Community
Development Director; Jennifer Anderson, Support Services Manager; Julie
Urban, Housing Manager; and Jared Voto, Executive Aide/Analyst.
Mayor Elliott stated that open forum cards received touch on topics on tonight’s agenda and
those items will be taken up by Council this evening.
PLEDGE OF ALLEGIANCE
Mayor Elliott led the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Elliott, S/Regan Gonzalez to approve the minutes of the: (1) Special City Council work
session of September 11, 2018; (2) Special concurrent City Council and Planning Commission work
session of September 11, 2018; and (3) Regular City Council meeting of September 11, 2018.
Motion carried 5-0.
Item #1 ANNUAL MEETING WITH THE ADVISORY BOARD OF HEALTH
Kristine Klos, Chair of the Advisory Board of Health, thanked the Council and presented
highlights of the Board’s work in 2017 and the work they are continuing in 2018.
Council Members thanked the Board for their work and commented on the work of Richfield’s
public health division and work of the Board.
Council Meeting Minutes -2- September 25, 2018
Item #2 COUNCIL DISCUSSION
Hats Off to Hometown Hits
Council Member Regan Gonzalez spoke regarding the fall programming at Wood Lake Nature
Center and invited people to attend activities; on October 11 at 6:30 p.m. at Wood Lake Nature
Center the Richfield Foundation is hosting an autumn wine tasting; and thanked Richfield
Bloomington Honda for donating $10,000 to Richfield Public Schools.
Council Member Howard thanked everyone who planned and attended Penn Fest; and
mentioned the annual pumpkin patch is open every Saturday and Sunday from 10 a.m. to sunset from
September 29 through October 28.
Council Member Trautmann thanked all the volunteers who helped make Penn Fest a great
event; and discussed winter youth basketball league.
Council Member Garcia wished Mayor Elliott and Council Member Regan Gonzalez a happy
birthday; mentioned the Community Center’s Santa program where kids can write a letter to Santa; on
October 6 the League of Women Voters are having an election forum; the Richfield History Center is
having their annual dinner on October 13 at 5:30 p.m. at the American Legion; on October 17 the
Richfield Historical Society is hosting an event on “Richfield: From Village to City” at the Community
Center; Pilgrim’s Dry Cleaners is collecting coats for kids now through October 13; the Richfield
Farmers Market continues on Saturday; and discussed an event where Senator Klobuchar, Senator
Smith, and Senator Cortez from Nevada presented encouraging people to vote.
Mayor Elliott commented that after reviewing the open forum cards he decided that two of the
audience members would be given time to speak as they did not have items that were directly on
tonight’s agenda.
OPEN FORUM
Lee Ohnesorge, 7717 Chicago Ave S #702, spoke regarding the need for not only affordable
housing in Richfield, but also the importance of accessible housing.
Ricardo Perez, 7228 Girard Ave S, spoke regarding changing the narrative about tenants and
rental housing.
Item #3 APPROVAL OF THE AGENDA
M/Howard, S/Trautmann to approve the agenda.
Motion carried 5-0.
Item #4 CONSENT CALENDAR
City Manager Devich presented the consent calendar.
Council Meeting Minutes -3- September 25, 2018
A. Consideration of the approval of a contract renewal with Adesa Minneapolis for 2018-2019 for
auctioning forfeited vehicles from Public Safety/Police. (S.R. No. 161)
B. Consideration of the approval of an agreement between the Hennepin County Human
Services and Public Health Department and the City of Richfield Police Department for
continuing funds for a Police Cadet and/or Community Service Officer position and Joint
Community Police Partnership training in 2019. (S.R. No. 162)
C. Consideration of the approval of a first reading of a Transitory Ordinance vacating 64th Street
right-of-way between 16th Avenue and Richfield Parkway and schedule a public hearing and
second reading for October 9, 2018. (S.R. No. 163)
D. Consideration of the adoption of a resolution certifying delinquent water, sanitary sewer, and
storm water charges to the Hennepin County Auditor to be included in the property owner's
annual property tax bill. (S.R. No. 164)
RESOLUTION NO. 11545
RESOLUTION AUTHORIZING CERTIFICATION OF UNPAID WATER,
SANITARY SEWER, AND STORM WATER CHARGES TO THE
COUNTY AUDITOR TO BE COLLECTED WITH OTHER TAXES ON
SAID PROPERTIES
This resolution appears as Resolution No. 11545.
E. Consideration of the approval of rejecting all bids for roof replacement, mechanical cooling
units and related electrical work for the municipal liquor store at 7700 Lyndale S. (S.R. No.
165)
M/Elliott, S/Regan Gonzalez to approve the consent calendar.
Motion carried 5-0.
Item #5 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT
CALENDAR
None.
Item #6 PUBLIC HEARING AND CONSIDERATION OF THE ADOPTION OF A
RESOLUTION REVOKING A CONDITIONAL USE PERMIT FOR LAKES BUFFET
RESTAURANT AT 6601 NICOLLET AVENUE. (S.R. NO. 166)
Council Member Garcia presented Staff Report No. 166.
Community Development Director Stark added additional background on the approval of the
conditional use permit in May 2017. He also discussed the letters sent to the owners and their limited
response. He outlined the action before the City Council and provided an alternate consideration of
the owners purchasing the equipment by October 26 and having 60 days to install the equipment,
because he believed even if the equipment was purchased tomorrow there would not be enough time
to install the system by the October 26 deadline.
Council Member Garcia opened the public hearing.
Council Meeting Minutes -4- September 25, 2018
Julie Lapensky, 6621 Stevens Ave S, spoke regarding the heavy cooking smell that comes
from the business and is concerned about the lack of response from the business and asked that
action be taken to correct the issue.
Cathy Bender, 6637 Stevens Ave S, spoke regarding the smell and stated it is inexcusable to
wait this long after citizen complaints.
M/Elliott, S/Regan Gonzalez to close the public hearing.
Motion carried 5-0.
Mayor Elliott spoke regarding accommodating the business through a variance. He also
discussed the conversation during about how many complaints are enough to take action. He stated
he was inclined to following Community Development Director Stark’s recommendation on allowing
the owners to purchase the equipment.
Council Member Garcia asked to look at the policy and adjust it to add fines if a business
doesn’t comply with the ordinance.
City Attorney Tietjen stated they would need to look into the ordinances. In order to impose
fines the City needs explicit authority under State law or under City Code and it is something that can
be looked into.
Community Development Director Stark commented that it if Council approves his modified
suggestion that there cannot be any gray area and that all of the equipment must be purchased in full
and evidence provided to the Community Development Director.
Council Member Howard stated its concerning the owners are not here to speak to the
Council. He asked for staff guidance on the motion.
M/Garcia, S/Howard to adopt a resolution revoking the conditional use permit for a restaurant
at 6601 Nicollet Avenue. Revocation would be effective on October 26, 2018, if the odor control
mechanical devices are not purchased in full, as evidenced to City staff and further would be effective
60 days thereafter if such equipment is not completely installed and functioning.
RESOLUTION NO. 11546
RESOLUTION REVOKING A CONDITIONAL USE PERMIT FOR A
RESTAURANT AT 6601 NICOLLET AVENUE S
Motion carried 4-1. (Council Member Regan Gonzalez opposed.) This resolution appears as
Resolution No. 11546.
Council Member Regan Gonzalez stated she was in favor of revocation of the conditional use
permit.
Item #7 PUBLIC HEARING AND CONSIDERATION OF THE ADOPTION OF A
RESOLUTION FOR A FINAL PLAT OF "LYNDALE GARDENS 2ND ADDITION"
WHICH WILL INCORPORATE 6328 ALDRICH AVENUE AND RECONFIGURE
EXISTING LOTS AND OUTLOTS OF THE LYNDALE GARDEN CENTER
SITE TO ALIGN WITH APPROVED DEVELOPMENT PLANS. (S.R. NO. 167)
Council Member Trautmann presented Staff Report No. 167 and opened the public hearing.
Council Meeting Minutes -5- September 25, 2018
M/Howard, S/Elliott to close the public hearing.
Motion carried 5-0.
M/Trautmann, S/Howard to adopt a resolution for a final plat of "Lyndale Gardens 2nd
Addition."
RESOLUTION NO. 11547
RESOLUTION GRANTING APPROVAL OF A FINAL PLAT FOR
LYNDALE GARDENS 2ND ADDITION
Motion carried 5-0. This resolution appears as Resolution No. 11547.
Item #8 CONTINUE THE PUBLIC HEARING AND CONSIDERATION OF A
PRELIMINARY PLAT OF THE "CEDAR POINT II" ADDITION TO OCTOBER 9,
2018. (S.R. NO. 168)
Council Member Howard presented Staff Report No. 168.
M/Howard, S/Elliott to continue the public hearing to consider a resolution for a preliminary plat
of the "Cedar Point II" Addition to October 9, 2018.
Motion carried 5-0.
Item #9 CONSIDERATION OF THE APPROVAL OF A VARIETY OF LAND USE
APPROVALS RELATED TO A PROPOSAL TO CONSTRUCT 218
APARTMENTS AND 72 TOWNHOMES ALONG 16TH AVENUE AND RICHFIELD
PARKWAY BETWEEN APPROXIMATELY TAFT PARK AND 65TH STREET.
(S.R. NO. 169)
Council Member Regan Gonzalez presented Staff Report No. 169.
Mayor Elliott stated he was excited for the project.
M/Regan Gonzalez, S/Garcia to approve an ordinance amending Appendix I of the Richfield
City Code to change the zoning designation of Blocks 1 and 2, Iversons 2nd Addition from MR-3
(High-Density Residential) to PMR (Planned Multi-Family Residential).
Motion carried 5-0.
M/Regan Gonzalez, S/Howard to adopt a resolution approving a Planned Unit Development,
Conditional Use Permit, and Final Development Plan for a multi-family apartment and townhome
development to be built on property legally described as Blocks 1 and 2, Iversons 2nd Addition.
RESOLUTION NO. 11548
RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN AND
CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT
Motion carried 5-0. This resolution appears as Resolution No. 11548.
Council Meeting Minutes -6- September 25, 2018
Item #10 CONSIDERATION OF THE APPROVAL OF THE SECOND 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. (S.R.
NO. 170)
Council Member Howard presented Staff Report No. 170.
Council Member Howard asked staff to walk through the clarifications made to the ordinance.
Housing Manager Urban discussed each of the changes that were made between the first and
second reading, which included clarified relocation assistance, the tenant protection period, defined
transfer of ownership, and additional clarifications that assist landlords and tenants to understand the
ordinance and staff to enforce the ordinance.
Mayor Elliott commented that one of the first amendments to this ordinance may be to apply
this ordinance to accessibility housing as well.
Council Member Regan Gonzalez stated her excitement for this ordinance. She spoke about
the affordable housing crisis facing Richfield and our nation and discussions she has had in the
community on this topic.
Council Member Trautmann commented on the growth of housing values for homeowners and
the fact that renters have not received the same benefit and the importance of assisting Richfield’s
renters.
Council Member Howard thanked others on the Council for their work at making this a priority.
He stated it is an important protection for tenants and there is still work to be done in this area. He
thanked the renters for being active and pushing for these steps.
M/Howard, S/Regan Gonzalez to approve the second 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.
Motion carried 5-0.
Item #11 CONSIDERATION OF THE ADOPTION OF A RESOLUTION APPROVING AN
INCLUSIONARY AFFORDABLE HOUSING POLICY. (S.R. NO. 171)
Council Member Trautmann presented Staff Report No. 171. He asked for clarification that this
policy applies to projects where the City provides a subsidy to the developer.
Community Development Director Stark agreed and stated the subsidy could come in many
forms such as tax increment financing or selling a property at a discounted value.
Council Member Howard commented that this is a value statement of how the City will
proceed with redevelopment opportunities. He highlighted work that the City has done in the last year
on housing. He stated the City is committed to this work.
Mayor Elliott asked for clarification on the subsidy if a property is sold at a discounted value.
Council Meeting Minutes -7- September 25, 2018
Community Development Director Stark, Mayor Elliott, and Council Member Trautmann
discussed the policy as it relates to single-family home construction. The discussion concluded with
agreement to have the policy relate to developments of five units or more.
M/Trautmann, S/Howard to adopt a resolution approving an Inclusionary Affordable Housing
Policy related to developments of five units or more.
RESOLUTION NO. 11549
A RESOLUTION APPROVING THE ADOPTION OF
AN INCLUSIONARY AFFORDABLE HOUSING POLICY
Motion carried 5-0. This resolution appears as Resolution No. 11549.
Community Development Director Stark stated since these are new requirements they may
come back to Council in the future with tweaks.
Council Member Trautmann suggested bringing the modified language to the next meeting to
be approved.
Community Development Director Stark agreed to bring it back next meeting on the consent
calendar.
Council Member Regan Gonzalez commented on this policy as a piece of a number of items
the City has been pursuing to ensure we have a wide variety of housing options in Richfield. She also
mentioned that City staff is researching and drafting a policy regarding inclusion of physically
accessible housing units and amenities.
Item #12 CITY MANAGER’S REPORT
City Manager Devich stated he had nothing to report.
Item #13 CLAIMS AND PAYROLLS
M/Garcia, S/Elliott that the following claims and payrolls be approved:
U.S. Bank 09/25/18
A/P Checks: 271252 - 271660 $ 2,411,556.29
Payroll: 139670 - 139984 ; 42869 640,547.08
TOTAL $ 3,052,103.37
Motion carried 5-0.
OPEN FORUM
None.
Council Meeting Minutes -8- September 25,2018
Item #14 ADJOURNMENT
The meeting was adjourned by unanimous consent at 8:36 p.m.
Date Approved: October 9, 2018
P iott
107,4z- 4/0
Ja Voto even L. Devich
Executive Aide/Analyst City Manager