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12-14 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota RegularCouncilMeeting Virtual via WebEx December 14, 2021 CALL TO ORDER The meeting was called to order by Mayor Regan Gonzalez at 7:00 p.m. virtually via WebEx. Council Members Maria Regan Gonzalez, Mayor; Mary Supple; Simon Trautmann; Sean Present: Hayford Oleary; and Ben Whalen Staff Present:Katie Rodriguez, City Manager; Mary Tietjen, City Attorney; Rachel Lindholm, Sustainability Specialist; Jay Henthorne, Police Chief; Mike Dobesh, Fire Chief; John Stark, Community Development Director; Julie Urban, Housing Manager; Kelly Wynn, Administrative Assistant; and Chris Swanson, Management Analyst. Others Present: Amanda Kueper, Sustainability Commission Chair; Mary Stratton, Civil Service Commission President; and James Frechette, Civil Service Commissioner; Edwina Garcia, Former Council Member; Maureen Scaglia, Edwina Garcia Community Builder Award recipient and Ryan Schwickert, MWF Properties. PLEDGE OF ALLEGIANCE Mayor Regan Gonzalez led the Pledge of Allegiance OPEN FORUM Administrative Assistant Wynn reviewed the options to participate: Participate live by calling 612-861-0651 during the open forum portion Call prior to meeting 612-861-9711 Email prior to meeting kwynn@richfiel d mn.gov Administrative Assistant Wynn stated that there were no callers. APPROVAL OF MINUTES M/Whalen, S/Supple to approve the minutesof the: (1) City Council Work Session of November 23, 2021; (2) City Council Meeting of November 23, 2021; and (3) Special City Council Meeting of November 30, 2021 Council Meeting Minutes -2-December 14, 2021 Management Analyst Swanson took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0 SUSTAINABILITY COMMISSION ANNUAL PRESENTATION GIVEN BY CHAIR ITEM #1 AMANDA KUEPER Chair Kueper provided a report of the work the Sustainability Commission was able to accomplish in the 2021 year including citywide organized collection and a tree preservation policy. Council Member Whalen expressed excitement to be involved with the commission and looks forward to seeing what the group can do next. Council Members Trautmann and Hayford Oleary thanked the commission for their hard work. CIVIL SERVICE COMMISSION ANNUAL PRESENTATION GIVEN BY CHAIR ITEM #2 MARY STRATTON President Stratton encouraged residents to apply for commissions as the process is currently open and it is a wonderful way to serve the community. She then provided an overview of the tasks the commission performed over the last year. She also thanked all firefighters for their professionalism and service they provide for the entire community. Council thanked the commission for their service and flexibility during all the changes in the last year and a half with the department. PRESENTATION OF THE EDWINA GARCIA COMMUNITY BUILDER AWARD ITEM #3 AND PROCLAMATION TO MAUREEN SCAGLIA Mayor Regan Gonzalez introduced former councilmember, Edwina Garcia, who spoke on behalf of the Edwina Garcia Community Builder Award. Maureen Scaglia, recipient of the award, spoke of how she came into volunteering for the community and some of the areas she has spent most of her time. Mayor Regan Gonzalez read the award inscription and proclamation. Members of the community praised Maureen for her contributions to Richfield Councilmembers also expressed deep gratitude for Maureen’s leadership, volunteer efforts and commitment to show up for the community. Council Meeting Minutes -3-December 14, 2021 ITEM #4 APPROVAL OF THE AGENDA M/Trautmann, S/Whalentoapprove the agenda Management Analyst Swanson took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0 CONSENT CALENDAR ITEM #5 City Manager Rodriguez presented the consent calendar. A.Consider to approve the renewal of the 2022 licenses for On-Sale Intoxicating/Club, Wine and 3.2 Malt Liquor licenses. (Staff Report No. 177) B.Consider to approve the renewal of the 2022 licenses for On-Sale 3.2 Percent Malt Liquor, Off-Sale 3.2 Percent Malt Liquor, Secondhand Goods Dealer and taxi companies doing business in Richfield. (Staff Report No. 178) C.Consider approval of a third amendment to the Consent Decree in the State of Minnesota by City of Minneapolis, et al. v. Metropolitan Airports Commission, et al., Hennepin County Case No. 27-CV-0SS474. (Staff Report No. 179) D.Consider approval of a second amendment to the agreement with the City of Bloomington for the provision of public health services for the City of Richfield for 2022. (Staff Report No. 180) E.Consider a resolution to accept $1,923,436 in funds from the American Rescue Plan Act (ARPA) grant and a second supplemental payment of $62,987.23 in additional funds. (Staff Report No. 181) RESOLUTION NO.11901 RESOLUTION AUTHORIZING ACCEPTANCE OF THE AMERICAN RESCUE PLAN ACT FUNDS F.Consider the adoption of a resolution authorizing the Richfield Recreation Services Department to accept 2021 Round-up donations.. (Staff Report No. 182) RESOLUTION NO.11902 RESOLUTION AUTHORIZING THE RICHFIELD RECREATIONS SERVICES DEPARTMENT TO ACCEPT 2021 ROUND-UP DONATIONS Council Meeting Minutes -4-December 14, 2021 G.Consider the approval of a resolution in support for Public Works' Safe Routes to School grant application to MnDOT for the installation of pedestrian improvements on 71st St near Richfield STEM Elementary and Dual Language Schools. (Staff Report No. 183) RESOLUTION NO.11903 RESOLUTION SUPPORTING PUBLIC WORKS’ MNDOT SAFE ROUTES TO SCHOOL APPLICATION H.Consider the approval of a resolution removing parking restrictions along 70th St from Penn Ave to Lake Shore Dr. (Staff Report No. 184) RESOLUTION NO. 11904 RESOLUTION REMOVING PARKING RESTRICTIONS ON 70TH ST I.Consider the approval of a resolution authorizing the "Preparing for Emerald Ash Borer" grant agreement with the Minnesota Department of Natural Resources, Division of Forestry in the amount of $99,840.00. (Staff Report No. 185) RESOLUTION NO. 11905 RESOLUTIONAUTHORIZING THE CITY OF RICHFIELD TO ENTER INTO A GRANT AGREEMENT AND ACCEPT GRANT FUNDS FROM MINNESOTA DEPARTMENT OF NATURAL RESOURCES DIVISION OF FORESTRY J.Consider a resolution authorizing condemnation of property for the reconstruction of 65th Street. (Staff Report No. 186) RESOLUTION NO. 11906 RESOLUTIONAUTHORIZING ACQUISITION BY EMINENT DOMAIN AND APPROVAL OF APPRAISED VALUES OF EASEMENTS FOR 65TH STREET IMPROVEMENTS PROJECT K.Consider the approval of a work order amendment from Kimley-Horn & Associates, Inc., for additional design engineering services for the 65th Street Improvements Project. (Staff Report No. 187) L.Consider the approval of a cost share agreement between the City and Hope Presbyterian Church for the construction of public storm sewer across the church's private parking lot and authorize City staff to execute and record the dedication of a drainage and utility easement over the public storm sewer. (Staff Report No. 188) M.Consider the approval of a revised agreement between the City of Richfield and the Woodlawn Terrace Cooperative for the use of a 4,690 square-foot strip of land along the edge of Lincoln Field. (Staff Report No. 189) N.Consider approval of a Resolution for the City of Richfield to opt-into the national opioid settlement. RESOLUTION NO.11907 RESOLUTION APPROVING THE MEMORANDUM OF AGREEMENT (MOA) BETWEEN THE STATE OF MINNESOTA AND LOCAL GOVERNMENTS AND AUTHORIZING PARTICIPATION IN NATIONAL OPIOID SETTLEMENTS Council Meeting Minutes -5- December 14, 2021 M/Hayford Oleary, S/Supple to approve the consent calendar. Council Member Whalen thanked staff for their work in finding collaborations and funding to make so many projects possible. Management Analyst Swanson took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT ITEM #6 CALENDAR None. CONSIDER APPROVAL OF THE SECOND READING OF AN ORDINANCE AMENDING SECTION 1202.07 OF THE RICHFIELD CITY CODE ITEM #7 RELATING TO LICENSE ELIGIBILITY OF INTOXICATING LIQUOR, WINE AND BEER ESTABLISHMENTS (STAFF REPORT NO. 190) Council Member Whalen presented Staff Report 190. M/Whalen, S/Trautmann to a pprove the second reading of an ordinance amending Section 1202.07 of the Richfield City Code, by eliminating paragraph (g) relating to license eligibility. BILL NO. 2021-18 AN ORDINANCE AMENDING SECTION 1202 OF THE RICHFIELD CODE OF ORDINANCES RELATING TO LIQUOR LICENSE ELIGIBILITY Council Members Hayford Oleary and Trautmann expressed appreciation for staff efforts to encourage investment in Richfield and to finding solutions. Management Analyst Swanson took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0 ITEM #8 PUBLIC HEARING AND CONSIDER TO APPROVE THE RENEWAL OF 2022 Council Meeting Minutes -6-December 14, 2021 PAWNBROKER AND SECONDHAND GOODS DEALER LICENSES FOR METRO PAWN & GUN, INC., 7529 LYNDALE AVENUE SOUTH (STAFF REPORT NO. 191) Council Member Hayford Oleary presented staff report 191 and opened the public hearing. Administrative Assistant Wynn stated the options to participate in the public hearing and stated that there were no callers. Council Member Hayford Oleary verified that there were no more residents for the public hearing. M/ Hayford Oleary, S/Whalen to close the public hearing. Management Analyst Swanson took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0 M/Hayford Oleary, S/Supple to approve the renewal of 2022 Pawnbroker and Secondhand Goods Dealer licenses for Metro Pawn & Gun, Inc., 7529 Lyndale Avenue South Management Analyst Swanson took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0 PUBLIC HEARING AND CONSIDER THE APPROVAL OF A NEW ON SALE INTOXICATING AND SUNDAY LIQUOR LICENSES FOR DAGOBAH, LLC D/B/A ITEM #9 PROTAGONIST KITCHEN AND BAR LOCATED AT 6601 PENN AVENUE SOUTH (STAFF REPORT NO. 192) Council Member Whalen presented staff report 192 and opened the public hearing. Administrative Assistant Wynn stated the options to participate in the public hearing and stated that there were no callers. Council Member Whalen verified that there were no more residents for the public hearing. M/Whalen, S/Trautmann to close the public hearing. Council Meeting Minutes -7-December 14, 2021 Management Analyst Swanson took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0 M/Whalen, S/Hayford Oleary to approve the issuance of new On Sale Intoxicating and Sunday Liquor licenses for Dagobah, LLC d/b/a Protagonist Kitchen and Bar located at 6601 Penn Avenue South. Mayor Regan Gonzalez welcomed the new restaurant. Management Analyst Swanson took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0 PUBLIC HEARING TO APPROVE HOST DESIGNATION FOR THE CITY OF BETHEL TO ISSUE HOUSING BONDS TO FINANCE AN AFFORDABLE ITEM #10 HOUSING DEVELOPMENT TO BE CONSTRUCTED BY MWF PROPERTIES AT 7700 PILLSBURY AVENUE SOUTH (STAFF REPORT NO. 193) Council Member Trautmann presented staff report 193 and opened the public hearing. Administrative Assistant Wynn stated the options to participate in the public hearing and stated that there were no callers. Council Member Trautmann verified that there were no more residents for the public hearing. M/Trautmann, S/Hayford Oleary to close the public hearing. Management Analyst Swanson took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0 M/Trautmann, S/Supple to approve a resolution providing host approval to and consenting to the issuance, sale, and delivery by the City of Bethel of its revenue bonds and approving and authorizing the execution of a Cooperative Agreement. Council Meeting Minutes -8-December 14, 2021 RESOLUTION NO. 11908 RESOLUTIONPROVIDING HOST APPROVAL TO AND CONSENTING TO THE ISSUANCE, SALE, AND DELIVERY BY THE CITY OF BETHEL OR ANOTHER MUNICIPALITY OF THE STATE OF MINNESOTA OF ITS REVENUE BONDS; APPROVING AND AUTHORIZING THE EXECUTION OF A COOPERATIVE AGREEMENT; AND TAKING OTHER ACTIONS WITH RESPECT THERETO Council Member Whalen asked about the possibility to increase the number of units available at the 30% AMI level. Ryan Schwickert, MSF Properties, stated due to lack of investors they will be unable to increase the number of units. Council Member Whalen expressed desire to explore possibilities as a city to increase units available in buildings at the 30% AMI level. Director Stark agreed with comments and stated there are limited resources but staff has discussed it with legislators. Management Analyst Swanson took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0 PUBLIC HEARING TO APPROVE HOST DESIGNATION FOR THE CITY OF ITEM #11 BETHEL TO ISSUE TAX EXEMPT BONDS TO FINANCE CAPITAL IMPROVEMENTS AT PARTNERSHIP ACADEMY. (STAFF REPORT NO. 194) Council Member Supple presented staff report 194. Lisa Hendricks, Partnership Academy, spoke of the need for an addition to the building to accommodate more students as they have an extensive waiting list for a number of grades. Council Member Supple opened the public hearing. Administrative Assistant Wynn stated the options to participate in the public hearing and stated that there were no callers. Council Member Supple verified that there were no more residents for the public hearing. M/Supple, S/Trautmann to close the public hearing. Management Analyst Swanson took roll call vote: Regan Gonzalez: AYE Council Meeting Minutes -9-December 14, 2021 Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0 M/Supple, S/Whalen to approve a resolution providing host approval to and consenting to the issuance, sale, and delivery by the City of Bethel of its revenue Bonds. RESOLUTION NO.11909 RESOLUTION CONSENTING TO AND APPROVING THE ISSUANCE BY THE CITY OF BETHEL OF ITS CHARTER SCHOOL LEASE REVENUE OBLIGATIONS AND TAKING OTHER ACTIONS WITH RESPECT THERETO Members of the council thanked Partnership Academy and the City of Bethel. Management Analyst Swanson took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0 CONSIDER RESOLUTIONS APPROVING THE 2021 REVISED/2022 PROPOSED ITEM #12 BUDGET AND TAX LEVY AND RELATED RESOLUTIONS (STAFF REPORT NO. 195) Council Member Supple presented staff report 195. City Manager Rodriguez encouraged residents to review the previous meetings and documentation of the budget. M/Supple, S/Whalen to adopt the resolutions approving the 2021 Revised/2022 Proposed budget and tax levy and related resolutions. RESOLUTION NO.11910 ADOPTING A BUDGET AND TAX LEVY FOR THE RESOLUTION YEAR 2022 RESOLUTION NO.11911 RESOLUTION AUTHORIZING BUDGET REVISIONS RESOLUTION NO.11912 RESOLUTION AUTHORIZING REVISION OF 2021 BUDGET OF VARIOUS DEPARTMENTS Council Meeting Minutes -10- December 14, 2021 RESOLUTION NO.11913 RESOLUTION AUTHORIZING ADJUSTMENT TO CITY’S MILEAGE REIMBURSEMENT RATE TO CONFORM TO INTERNAL REVENUE SERVICE STATUTORY MILEAGE REIMBURSEMENT RATE RESOLUTION NO.11914 RESOLUTIONADOPTING THE 2022 CAPITAL IMPROVEMENT BUDGET RESOLUTION NO.11915 RESOLUTIONADOPTING THE 2023-2026 CAPITAL IMPROVEMENT PROGRAM RESOLUTION NO.11916 RESOLUTIONESTABLISHING WASTEWATER SERVICE RATES AND CHARGES, WATER RATES AND CHARGES, SPECIAL WATER SERVICE CHARGES, STORM SEWER RATES AND CHARGES, STREET LIGHT RATES AND CHARGES, AND 6.5% PENALTY ON PAST DUE ACCOUNTS RESOLUTION NO.11917 RESOLUTION ESTABLISHING PUBLIC WORKS ON-CALL COMPENSATION RATES FOR 2022 RESOLUTION NO.11918 RESOLUTIONAUTHORIZING A CAR ALLOWANCE REIMBURSEMENT POLICY RESOLUTION NO.11919 RESOLUTIONRELATING TO THE 2021 GENERAL SERVICES SALARY COMPENSATION PLAN RESOLUTION NO.11920 RESOLUTIONRELATING TO THE 2021 MANAGEMENT SALARY COMPENSATION PLAN RESOLUTION NO.11921 RESOLUTION RELATING TO THE 2021 SPECIALIZED PAY PLAN Council thanked staff for their hard work and comments from residents to best invest money on behalf of the city. Management Analyst Swanson took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0 Council Meeting Minutes -11-December 14, 2021 CONSIDER A RESOLUTION DESIGNATING BUILDINGS LOCATED AT 6501-13 PENN AVENUE SOUTH AS STRUCTURALLY SUBSTANDARD WITHIN THE ITEM #13 RICHFIELD REDEVELOPMENT PROJECT AREA AND AUTHORIZING THEIR DEMOLITION (STAFF REPORT NO. 196) Council Member Trautmann presented staff report 196 and asked if the HRA would be reimbursed for demolition. Housing Manager Urban stated staff has multiple options that are being explored. M/Trautmann, S/Whalen to adopt a resolution designating the buildings located at 6501-13 Penn Avenue South as structurally substandard within the Richfield Redevelopment Project Area and authorizing their demolition. RESOLUTION NO.11922 RESOLUTION DESIGNATING BUILDINGS AS STRUCTURALLY SUBSTANDARD WITHIN THE RICHFIELD REDEVELOPMENT PROJECT Council Member Whalen asked about the timeline on the tax credit decisions. Housing Manager Urban stated it has been dela y ed until January. Management Analyst Swanson took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0 CONSIDER THE ADOPTION OF A RESOLUTION AUTHORIZING RICHFIELD PUBLIC SAFETY/POLICE DEPARTMENT TO ACCEPT DONATIONS FROM THE ITEM #14 LISTED AGENCIES, BUSINESSES AND PRIVATE INDIVIDUALS FOR DESIGNATED USES. (STAFF REPORT NO. 197) Council Member Hayford Oleary presented staff report 197. M/Hayford Oleary, S/Supple to adopt a resolution authorizing Richfield Public Safety/Police Department to accept donations from the listed agencies, businesses and private individuals for designated uses. RESOLUTION NO.11923 RESOLUTION AUTHORIZING RICHFIELD PUBLIC SAFETY/POLICE DEPARTMENT TO ACCEPT DONATIONS FROM THE LISTED AGENCIES, BUSINESSES AND PRIVATE INDIVIDUALS FOR DESIGNATED USES Management Analyst Swanson took roll call vote: Council Meeting Minutes -12-December 14, 2021 Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0 ITEM #15 CITY MANAGER’S REPORT City Manager Rodriguez congratulated Equity Administrator Martinez Gavina on her new position with Citizens League. She also congratulated Director Stark on his new City Manager role for the city of North St. Paul. Council thanked Equity Administrator Martinez Gavina and Director Stark for their leadership and integrity they brought to the city. Director Stark thanked council for their support and stated he believes Richfield’s brightest days are ahead. ITEM #16 CLAIMS AND PAYROLL M/Trautmann, S/Whalen that the following claims and payrolls be approved: U.S. Bank _ 12/14/2021 A/P Checks: 302129 - 302576 $1,198,150.30 Payroll: 166516 - 167140 $1,425,741.61 TOTAL $2,623,891.91 Management Analyst Swanson took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0 ITEM #17 HATS OFF TO HOMETOWN HITS Council Member Supple thanked the Public Works employees for all their hard work in removing snow; the new Recreation brochure is now available; encouraged residents to drop off VEAP donations; and thanked Council Member Hayford Oleary for speaking at the Orange Line ribbon cutting. Council Meeting Minutes-13-December 14, 2021 Council Member Whalen thanked residents for participating in the holiday lights competition and encouraged residents to get out to Wood Lake Nature Center for the Candlelight and Ice event. Council Member Hayford Oleary thanked Equity Administrator Martinez Gavina for her impact on the community. Council Member Trautmann also thanked Equity Administrator Martinez Gavina for her leadership and advocacy for change. Mayor Regan Gonzalez expressed gratitude for UPS driver, Benton Alexander, as he assisted a distraughtwomanby offering his truck for warmth and calling 9-1-1. ITEM #18ADJOURNMENT The meeting was adjourned by unanimous consent at 9:04p.m. Date Approved:January 11, 2022 Maria Regan Gonzalez Mayor Kelly Wynn Katie Rodriguez Administrative AssistantCity Manager