10-09 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
October 9, 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; Pam Dmytrenko,
Assistant City Manager/HR Manager; John Stark, Community Development
Director; Jay Henthorne, Chief of Police; Chris Regis, Finance Director; Kris
Weiby, Facilities Manager; Chris Link, Operations Superintendent; and Jared
Voto, Executive Aide/Analyst.
OPEN FORUM
Dana Collins, 10785 Tamarack Circle NW, Coon Rapids, spoke regarding lowering the price of
the enterprise massage therapists’ license.
Council Members thanked her for her comments and asked her to share the information she
had with them and staff.
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 17, 2018; (2) Special City Council work session of September 25, 2018; and (3)
Regular City Council meeting of September 25, 2018.
Motion carried 5-0.
Item #1 COUNCIL DISCUSSION
Hats Off to Hometown Hits
Council Meeting Minutes -2- October 9, 2018
Council Member Regan Gonzalez spoke regarding the Great Pumpkin Giveaway at Fairwood
Park (6700 Logan Avenue) on October 13 from 10 a.m. to 12 p.m.; the historical society’s annual
meeting on October 13 at 6 p.m. at the American Legion; and thanked all the community members
who participated in Church of the Assumption’s health fair.
Council Member Howard spoke regarding the Half Haunted Halloween at Wood Lake Nature
Center on October 20 from 2 to 6 p.m.
Mayor Elliott spoke regarding speaking at a press conference about the need for infrastructure
funding and the low rating of infrastructure in the State of Minnesota, and discussed the work Richfield
has done to ensure we aren’t in the same situation even though it is a cost to our residents.
Council Member Trautmann spoke regarding the Richfield Foundation’s annual wine tasting
event on October 11; and Dr. Joyce Marie, who received Richfield’s Person of the Year honor, had a
book signing at Barnes and Noble for her new book We’re All on a Journey to Find Truth.
Council Member Garcia spoke regarding Hennepin County Clinic, at Lyndale and 66th Street,
has opened a medicine drop box for unused or unwanted drugs; the Richfield Police Department
seized a large quantity of narcotics in a recent raid, in partnership with Hennepin County Sheriff’s
Office; the Richfield annual fall boutique and market on October 27 from 9 a.m. to 2 p.m. at the
Community Center; the Richfield Historical Center is having a display of the old Lyndale Hardware
Store until January 2019, the Center is open to the public on Wednesday and Saturday from 12 to 4
p.m.; the Richfield Historical Society is continuing a series titled Richfield Village to Richfield City at
the Community Center at 11 a.m. on October 17; and discussed the American Society of Civil
Engineers’ infrastructure report card.
Item #2 APPROVAL OF THE AGENDA
M/Howard, 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 purchase of an Elgin street sweeper in 2019 from
MacQueen Equipment Inc. in the amount of $197,701, including trade-in, for use by the Public
Works Department. (S.R. No. 172)
B. Consideration of the adoption of a resolution authorizing an amendment to extend the
expiration date of the partnership agreement with the State of Minnesota Department of
Transportation (MnDOT) for the purchase of fuel to June 30, 2019. (S.R. No. 173)
RESOLUTION NO. 11550
RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ENTER
INTO MnDOT PARTNERSHIP AGREEMENT AMENDMENT NO
04963A01 WITH THE MINNESOTA DEPARTMENT OF
TRANSPORTATION FOR PURCHASE OF FUEL UNTIL JUNE 30, 2019
This resolution appears as Resolution No. 11550.
Council Meeting Minutes -3- October 9, 2018
C. Consideration of the approval of a license agreement with E-Clan, Inc. d/b/a B&J Trees, to sell
trees under the picnic pavilion at Veterans Park. (S.R. No. 174)
D. Consideration of the approval of first reading of an ordinance rezoning property at 7301 Penn
Avenue S from Single Family Residential (R) to Neighborhood Business (C-1). (S.R. No. 175)
E. Consideration of the approval of first reading of an ordinance amending the Zoning Code to
make tattoo businesses 'permitted' rather than 'conditionally permitted' in the C-2 General
Business Zoning District. (S.R. No. 176)
M/Elliott, S/Regan Gonzalez to approve the consent calendar.
Council Member Trautmann commented that he is happy that Christmas trees are sold at
Veterans Park.
Mayor Elliott commented that body art are successful businesses and was glad the City could
be flexible to accommodate the ordinances to new businesses.
Motion carried 5-0.
Item #4 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT
CALENDAR
None.
Item #5 PUBLIC HEARING AND CONSIDERATION OF THE ADOPTION OF
RESOLUTIONS REGARDING THE ANNUAL
INTERSTATE/LYNDALE/NICOLLET (ILN) PROJECT AREA ASSESSMENT AND
PROPOSED WORK FOR 2019. (S.R. NO. 177)
Council Member Garcia presented Staff Report No. 177 and opened the public hearing.
M/Howard, S/Elliott to close the public hearing.
Motion carried 5-0.
M/Garcia, S/Elliott to adopt a resolution adopting the assessment on the ILN Project Area for
costs incurred to maintain the area for 2017 and adopt a resolution ordering the undertaking of the
current service project within the ILN Project Area for 2019.
RESOLUTION NO. 11551
RESOLUTION ADOPTING ASSESSMENT ON INTERSTATE-LYNDALE-
NICOLLET (ILN) PROJECT AREA MAINTENANCE FOR THE PERIOD
JANUARY 1, 2017 TO DECEMBER 31, 2017
RESOLUTION NO. 11552
RESOLUTION ORDERING THE UNDERTAKING OF CURRENT
SERVICE PROJECT WITHIN THE INTERSTATE-LYNDALE-NICOLLET
(ILN) PROJECT AREA FOR THE PERIOD JANUARY 1, 2019 TO
DECEMBER 31, 2019
Council Meeting Minutes -4- October 9, 2018
Motion carried 5-0. These resolutions appear as Resolution No. 11551 and No. 11552.
Item #6 PUBLIC HEARING AND CONSIDERATION OF THE ADOPTION OF
RESOLUTIONS REGARDING THE ANNUAL LYNDALE/HUB/NICOLLET (LHN)
MAINTENANCE DISTRICT ASSESSMENT AND PROPOSED WORK FOR 2019.
(S.R. NO. 178)
Council Member Garcia presented Staff Report No. 178 and opened the public hearing.
M/Elliott, S/Howard to close the public hearing.
Motion carried 5-0.
M/Garcia, S/Elliott to adopt a resolution adopting the assessment on the Lyndale/HUB/Nicollet
(LHN) district for costs incurred to maintain the area for 2017 and adopt a resolution ordering the
undertaking of the current service project within the Lyndale/HUB/Nicollet (LHN) district for 2019.
RESOLUTION NO. 11553
RESOLUTION ADOPTING ASSESSMENT FOR THE
LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE FOR THE PERIOD
JANUARY 1, 2017 TO DECEMBER 31, 2017
RESOLUTION NO. 11554
RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE
PROJECT LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE FOR THE
PERIOD JANUARY 1, 2019 TO DECEMBER 31, 2019
Motion carried 5-0. These resolutions appear as Resolution No. 11553 and No. 11554.
Item #7 PUBLIC HEARING AND CONSIDERATION OF THE ADOPTION OF A
RESOLUTION ADOPTING THE ASSESSMENT FOR REMOVAL OF DISEASED
TREES FROM PRIVATE PROPERTY FOR WORK ORDERED FROM JANUARY
1, 2017, THROUGH DECEMBER 31, 2017. (S.R. NO. 179)
Council Member Regan Gonzalez presented Staff Report No. 179 and opened the public
hearing.
Mayor Elliott read a letter from Tim Grutzik and Martha Miller, 6221 5th Avenue S, regarding
their opposition to the assessment for a tree removed at their property.
Operations Superintendent Link stated this was the first time hearing about this and discussed
the tree removal process. He stated he would look into this particular tree removal and will follow-up.
M/Trautmann, S/Howard to close the public hearing.
Motion carried 5-0.
M/Regan Gonzalez, S/Trautmann to adopt a resolution adopting the assessment for removal
of diseased trees from private property for work ordered from January 1, 2017, through December 31,
2017.
Council Meeting Minutes -5- October 9, 2018
RESOLUTION NO. 11555
RESOLUTION ADOPTING ASSESSMENT FOR THE REMOVAL OF
DISEASED TREES FROM PRIVATE PROPERTY FOR WORK
ORDERED DURING JANUARY 1, 2017 THROUGH DECEMBER 31,
2017
Motion carried 5-0. This resolution appears as Resolution No. 11555.
Item #8 PUBLIC HEARING AND CONSIDERATION OF THE APPROVAL OF A SECOND
READING OF A TRANSITORY ORDINANCE VACATING 64TH STREET RIGHT-
OF-WAY BETWEEN 16TH AVENUE AND RICHFIELD PARKWAY. (S.R. NO.
180)
Council Member Howard presented Staff Report No. 180 and opened the public hearing.
M/Elliott, S/Trautmann to close the public hearing.
Motion carried 5-0.
M/Howard, S/Trautmann to approve the Transitory Ordinance vacating 64th Street right-of-way
between 16th Avenue and Richfield Parkway.
Motion carried 5-0.
Item #9 PUBLIC HEARING AND CONSIDERATION OF THE ADOPTION OF A
RESOLUTION ADOPTING THE ASSESSMENT FOR UNPAID FALSE ALARM
USER FEES AGAINST PRIVATE PROPERTY. (S.R. NO. 181)
Council Member Trautmann presented Staff Report No. 181 and opened the public hearing.
Council Member Trautmann asked if there was an appeal process if someone felt they were
good faith alarm users.
City Manager Devich responded this is when there are repetitive problems with alarms.
Mayor Elliott commented on his experience when his office has had false alarms.
City Attorney Tietjen commented that the City Code does provide for a process, in Section
915.07, that a written appeal of the charge may be submitted to the Director of Public Safety within 15
days, and the Director of Public Safety makes the final determination.
M/Elliott, S/Howard to close the public hearing.
Motion carried 5-0.
M/Trautmann, S/Regan Gonzalez to adopt a resolution adopting the assessment for unpaid
false alarm user fees against private property.
RESOLUTION NO. 11556
Council Meeting Minutes -6- October 9, 2018
RESOLUTION ADOPTING ASSESSMENT FOR UNPAID FALSE
ALARM FEES FROM PRIVATE PROPERTY
Motion carried 5-0. This resolution appears as Resolution No. 11556.
Item #10 PUBLIC HEARING AND CONSIDERATION OF THE ADOPTION OF A
RESOLUTION ADOPTING THE ASSESSMENT FOR WEED ELIMINATION
FROM PRIVATE PROPERTY AND REMOVAL OR ELIMINATION OF PUBLIC
HEALTH OR SAFETY HAZARDS FROM PRIVATE PROPERTY. (S.R. NO. 182)
Council Member Howard presented Staff Report No. 182 and opened the public hearing.
M/Elliott, S/Regan Gonzalez to close the public hearing.
Motion carried 5-0.
Council Member Howard commented that it appears that the amount of the assessments has
decreased over the years and asked if that was correct.
Finance Director Regis responded that was correct and commented it has a lot to do with the
market improving.
Council Member Trautmann thanked staff for addressing these issues.
M/Howard, S/Trautmann to adopt a resolution adopting the assessment for weed elimination
from private property and removal or elimination of public health or safety hazards from private
property.
RESOLUTION NO. 11557
RESOLUTION ADOPTING ASSESSMENT FOR WEED ELIMINATION
FROM PRIVATE PROPERTY AND REMOVAL OR ELIMINATION OF
PUBLIC HEALTH OR SAFETY HAZARDS FROM PRIVATE PROPERTY
Motion carried 5-0. This resolution appears as Resolution No. 11557.
Item #11 CANCEL THE PUBLIC HEARING AND CONSIDERATION OF A RESOLUTION
FOR A PRELIMINARY PLAT OF THE "CEDAR POINT II" ADDITION. (S.R. NO.
183)
Council Member Regan Gonzalez presented Staff Report No. 183.
Community Development Director stated that there are 13 privately-owned properties near the
site and the developer has 11 under contract or closed. The developer is working on acquiring the
final two properties and it did not make sense to complete the preliminary plat without those
properties, since they are optimistic they will acquire the final two properties, and then have to go
through the plat process again to add those final properties.
M/Regan Gonzalez, S/Elliott to cancel the public hearing to consider a resolution for a
preliminary plat of the "Cedar Point II" Addition.
Council Meeting Minutes -7- October 9, 2018
Motion carried 5-0.
Item #12 CONSIDERATION OF A REQUEST FOR THE CITY COUNCIL TO CONFIRM
THE APPOINTMENT OF PAM DYMTRENKO AS ADMINITRATIVE SERVICES
DIRECTOR/ASSISTANT CITY MANAGER FOR THE CITY OF RICHFIELD. (S.R.
NO. 184)
Mayor Elliott presented Staff Report No. 184.
M/Elliott, S/Regan Gonzalez to confirm the appointment of Pam Dmytrenko as Administrative
Services Director/Assistant City Manager for the City of Richfield.
Motion carried 5-0.
Item #13 CITY MANAGER’S REPORT
City Manager Devich discussed the work session held earlier in the evening from Lunds and
Byerlys on the proposal to remodel their store on Penn Avenue and add housing to the site. He stated
it continues all the interest in redevelopment in Richfield and reiterated the Mayor’s comments on the
City being on the forefront of reinvesting in infrastructure.
Item #14 CLAIMS AND PAYROLLS
M/Garcia, S/Elliott that the following claims and payrolls be approved:
U.S. Bank 10/09/18
A/P Checks: 271661 - 272022 $ 1,379,851.07
Payroll: 139985 - 140302 ; 42870 - 42871 616,594.97
TOTAL $ 1,996,446.04
Motion carried 5-0.
OPEN FORUM
None.
Item #15 ADJOURNMENT
The meeting was adjourned by unanimous consent at 7:53 p.m.
Council Meeting Minutes -8- October 9,2018
Date Approved: October 23, 2018
Maria Regan Gonza ez
Pro TemporA./"; ip e 7
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Jared Voto Pam Dmytrenk.
Executive Aide/Analyst Acting City Manage