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01-25-2022 Regular CALL TO ORDER The meeting was called to order by Mayor Regan Gonzalez at 7:00 p.m. virtually via WebEx. Council Members Present: Maria Regan Gonzalez, Mayor; Mary Supple; Sean Hayford Oleary; and Ben Whalen Council Members Absent: Simon Trautmann Staff Present: Katie Rodriguez, City Manager; Mary Tietjen, City Attorney; Amy Markle, Recreation Services Director; Jennifer Anderson, Support Services Manager/Community Health Services Administrator; Jay Henthorne, Police Chief; Joe Powers, City Engineer; Kelly Wynn, Administrative Assistant; Chris Swanson, Management Analyst, and Kari Sinning, City Clerk. 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@richfieldmn.gov There were no callers. APPROVAL OF MINUTES M/Supple, S/Whalen to approve the minutes of the: (1) Special City Council Work Session of January 8, 2022; (2) City Council Work Session of January 11, 2022; (3) City Council Meeting of January 11, 2022; (4) Special City Council Work Session of January 13, 2022; and (5) Special City Council Work Session of January 15, 2022. City Clerk Sinning took roll call vote: CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Council Meeting Virtual via WebEx January 25, 2022 Council Meeting Minutes -2- January 25, 2022 Regan Gonzalez: AYE Supple: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 4-0 ITEM #1 PROCLAMATION CELEBRATING RICHFIELD OLYMPIAN JON SOTO MORENO Mayor Regan Gonzalez celebrated Mr. Soto Moreno’s accomplishments and read aloud the proclamation. Mr. Soto Moreno expressed his gratitude for the overwhelming support from the community and stated that he will be representing both Mexico and Richfield during the Olympics. Council Member Supple wished Mr. Soto Moreno well and expressed her proudness. Council Member Whalen asked about the events that Mr. Soto Moreno would be participating in. Mr. Soto Moreno stated that he qualified for the 1500km classic event that will be on February 11th and that there may be chances for another event as well. Council Member Whalen wished Mr. Soto Moreno the best in the event. Council Member Hayford Oleary congratulated Mr. Soto Moreno and also wished him well. Mayor Regan Gonzalez mentioned a bake sale fundraiser to help Mr. Soto Moreno and wished Mr. Soto Moreno well. Mayor Regan Gonzalez also asked if Mr. Soto Moreno would join in a Bilingual Ski with Me event at Wood Lake of which Mr. Soto Moreno expressed interest. ITEM #2 RICHFIELD FOUNDATION 2022 GRANT AWARD PRESENTATION Mayor Regan Gonzalez introduced Husniyah Dent Bradley from the Richfield Foundation who gave a brief presentation of the Richfield Foundation and shared the 2021 Grant Recipients. Council Member Hayford Oleary asked if there will be a wine fundraiser event this year. Ms. Dent Bradley stated that there is optimism to hold the event and they are talking about what is feasible in moving forward with the event during the pandemic. Council Member Supple thanked the volunteers to those serving on the Foundation and the support to the community. Council Member Whalen thanked the Foundation and encouraged the broader community to keep the support for the Richfield Foundation. Mayor Regan Gonzalez promoted donation and volunteerism for the Richfield Foundation and thanked Husniyah Dent Bradley for the presentation. Council Meeting Minutes -3- January 25, 2022 ITEM #3 APPROVAL OF THE AGENDA M/Whalen, S/Hayford Oleary to approve the agenda. City Clerk Sinning took roll call vote: Regan Gonzalez: AYE Supple: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 4-0 ITEM #4 CONSENT CALENDAR City Manager Rodriguez presented the consent calendar. A. Consider approval of de minimis determination for the Hennepin County Road Project at the southwest corner of the intersection of 70th Street and Nicollet Avenue that will improve both the accessibility and safety of the area adjacent to Augsburg Park. (Staff Report No. 12) B. Consider the Approval of Change Order No. 7 for the 77th Street Underpass Project. (Staff Report No. 13) M/Whalen, S/Supple to approve the consent calendar. Mayor Regan Gonzalez asked if item A is one of the areas that she has received complaints from residents about safety. Director Markle stated the improvements for public safety that would be implemented at that intersection that would be more beneficial to the disability community. Mayor Regan Gonzalez expressed excitement for this improvement. City Clerk Sinning took roll call vote: Regan Gonzalez: AYE Supple: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 4-0 ITEM #5 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR None. Council Meeting Minutes -4- January 25, 2022 ITEM #6 VIOLATION HEARING AND CONSIDERATION OF A RESOLUTION REGARDING CIVIL ENFORCEMENT FOR ESTABLISHMENTS THAT RECENTLY UNDERWENT ALCOHOL COMPLIANCE CHECKS CONDUCTED BY RICHFIELD PUBLIC SAFETY STAFF, AND FAILED BY SELLING ALCOHOL TO A PERSON UNDER THE AGE OF 21. (STAFF REPORT NO. 14) Council Member Supple presented Staff Report 14. Support Services Manager Anderson explained the process and stated that there were no establishments that have contested the enforcement. Mayor Regan Gonzalez clarified the agenda item and informed the business owners present that this is not a public hearing and that they can ask questions to council and city staff. Council Member Hayford Oleary asked for further clarification. Support Services Manager Anderson stated that there is a requirement for all business owners that failed the compliance check to be present at the meeting and that the letter sent to the businesses explained the process. Council Member Hayford Oleary asked if these are the same stipulations as previous years given the strain on businesses during covid. Support Services Manager Anderson stated that these are the stipulations that are prescribed by state law for selling alcohol to a minor. Council Member Supple asked if the number of violations have increased. Support Services Manager Anderson stated that it has increased from previous years. Council Member Whalen asked that as staff works with the businesses and gets the written plans to be on the lookout for trends that they may see and if there is anything on a policy level that could be done to modify those trends to let Council know. Council Member Whalen recognized that perhaps staff turnover and stress of covid could have led to these failed compliance checks. Patrick Bernet (Patrick’s French Bakery), Santiago Sanchez (Los Sanchez), Jeff Husaby (VFW Post 5555) explained what happened during their compliance checks. M/Supple, S/Whalen to approve the attached resolutions regarding civil enforcement for establishments that failed alcohol compliance checks by selling alcohol to an underage person. RESOLUTION NO. 11933 RESOLUTION SUSPENDING THE LIQUOR LICENSE FOR ASSAL PETROLEUM, LLC D/B/A WINNER GAS/PUMP AND MUNCH, 7733 PORTLAND AVENUE SOUTH AND IMPOSING A CIVIL PENALTY FOR FIRST TIME ALCOHOL COMPLIANCE FAILURE RESOLUTION NO. 11934 RESOLUTION SUSPENDING THE LIQUOR LICENSE FOR DAVANNI’S INC. D/B/A DAVANNI’S PIZZA AND HOT HOAGIES, 6345 PENN AVENUE SOUTH AND IMPOSING A CIVIL PENALTY FOR FIRST TIME ALCOHOL COMPLIANCE FAILURE RESOLUTION NO. 11935 RESOLUTION SUSPENDING THE LIQUOR LICENSE FOR FRED BABCOCK VFW POST 5555, 6715 LAKESHORE DRIVE AND IMPOSING A CIVIL PENALTY FOR FIRST TIME ALCOHOL COMPLIANCE FAILURE RESOLUTION NO. 11936 Council Meeting Minutes -5- January 25, 2022 RESOLUTION SUSPENDING THE LIQUOR LICENSE FOR LOS SANCHEZ TAQUERIA II, LLC D/B/A LOS SANCHEZ TAQUERIA, 2 66TH STREET WEST AND IMPOSING A CIVIL PENALTY FOR FIRST TIME ALCOHOL COMPLIANCE FAILURE RESOLUTION NO. 11937 RESOLUTION SUSPENDING THE LIQUOR LICENSE FOR LYNDALE SMOKEHOUSE, LLC D/B/A LYNDALE SMOKEHOUSE, 7745 LYNDALE AVENUE SOUTH AND IMPOSING A CIVIL PENALTY FOR FIRST TIME ALCOHOL COMPLIANCE FAILURE RESOLUTION NO. 11938 RESOLUTION SUSPENDING THE LIQUOR LICENSE FOR MY BURGER OPERATIONS, LLC D/B/A MY BURGER, 6555 LYNDALE AVENUE SOUTH AND IMPOSING A CIVIL PENALTY FOR FIRST TIME ALCOHOL COMPLIANCE FAILURE RESOLUTION NO. 11939 RESOLUTION SUSPENDING THE LIQUOR LICENSE FOR NORTHERN TIER RETAIL, LLC. D/B/A SPEEDWAY #4191, 7500 LYNDALE AVENUE SOUTH AND IMPOSING A CIVIL PENALTY FOR FIRST TIME ALCOHOL COMPLIANCE FAILURE RESOLUTION NO. 11940 RESOLUTION SUSPENDING THE LIQUOR LICENSE FOR PATRICK’S FRENCH BAKERY, INC. D/B/A/ PATRICK’S BAKERY & CAFÉ, 2928 66TH STREET WEST AND IMPOSING A CIVIL PENALTY FOR FIRST TIME ALCOHOL COMPLIANCE FAILURE RESOLUTION NO. 11941 RESOLUTION SUSPENDING THE LIQUOR LICENSE FOR SHRI HARI CORP. D/B/A PORTLAND FOOD MART, 7701 PORTLAND AVENUE SOUTH AND IMPOSING A CIVIL PENALTY FOR FIRST TIME ALCOHOL COMPLIANCE FAILURE RESOLUTION NO. 11942 RESOLUTION SUSPENDING THE LIQUOR LICENSE FOR VPC RICHFIELD PIZZA, LLC D/B/A GIORDANO’S OF RICHFIELD, 3000 66TH STREET WEST, AND IMPOSING A CIVIL PENALTY FOR FIRST TIME ALCOHOL COMPLIANCE FAILURE City Clerk Sinning took roll call vote: Regan Gonzalez: AYE Supple: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 4-0. Mayor Regan Gonzalez stated that the businesses will be receiving a letter and to contact staff to complete the process. Council Meeting Minutes -6- January 25, 2022 ITEM #7 CONSIDER THE APPOINTMENTS TO CITY ADVISORY BOARD AND COMMISSIONS. (STAFF REPORT NO. 15) Mayor Regan Gonzalez presented Staff Report 15 along with the appointments to the commissions and thanked city staff for their contributions to the process. Administrative Assistant Wynn thanked those that were appointed to the commissions and mentioned that recruitment for the HRA and EDA will be commencing soon. M/Regan Gonzalez, S/Hayford Oleary to appoint members to fill the expiring or vacant terms on City advisory board and commissions referenced in the attached list. Council Member W halen expressed thanks and excitement for the new commission members. Council Member Supple also thanked the volunteers. City Clerk Sinning took roll call vote: Regan Gonzalez: AYE Supple: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 4-0. ITEM #8 CONSIDER REPRESENTATIVES TO SERVE AS THE 2022 LIAISONS TO VARIOUS LOCAL, REGIONAL AND STATE ORGANIZATIONS, AND CITY BOARDS AND COMMISSIONS. (STAFF REPORT NO. 16) Mayor Regan Gonzalez presented Staff Report 16 and read the liaison appointments for Council. M/Regan Gonzalez, S/Supple to designate City Council liaison appointments to various local, regional and state organizations, and City boards and commissions. City Clerk Sinning took roll call vote: Regan Gonzalez: AYE Supple: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 4-0. Council Meeting Minutes -7- January 25, 2022 ITEM #9 CITY MANAGER’S REPORT City Manager Rodriguez asked Community Health Services Administrator Anderson to give an update on covid. Community Health Services Administrator Anderson stated the trend of covid, masks to the community, and test kits. Council Member Supple asked about the data collected from Minnesota waste water sampling. Community Health Services Administrator Anderson stated that the data is used for comparisons with MDH. Council Member Whalen thanked staff for their work to distribute masks and test kits to community members. Council Member Hayford Oleary asked about mask reuse guidelines being distributed to the community. Community Health Services Administrator Anderson stated that there is a graphic that will be distributed with the ones to the community but that might be helpful for wide use. Mayor Regan Gonzalez thanked staff for their leadership and efforts. City Manager Rodriguez gave an update on City covid mitigations and the federal vaccination or test program. Council Member Whalen asked about mitigations at the Ice Arena. City Manager Rodriguez stated that masks are required to enter the building but they are not required for the skaters and that staff are doing their best to enforce mask wearing. ITEM #10 CLAIMS AND PAYROLL M/Whalen, S/Hayford Oleary that the following claims and payrolls be approved: U.S. Bank _ 1/25/2022 A/P Checks: 303256 – 303561 $2,706,921.64 Payroll: 167748 – 168049, 43459 $ 793,674.27 TOTAL $3,500,595.91 City Clerk Sinning took roll call vote: Regan Gonzalez: AYE Supple: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 4-0 ITEM #11 HATS OFF TO HOMETOWN HITS Council Member Hayford Oleary thanked the residents that applied for commissions and boards and expressed excitement for the new commissioners. Council Meeting Minutes -8-January 25, 2022 Council Member Whalen thanked snow plow drivers and public works and lifted up the Richfield Recap and encouraged residents to subscribe for the e-newsletter at richfieldmn.gov/subscribe. Council Member Supple mentioned the Section 8 W ait List is open for applications and also thanked HRA Commissioner Sue Sandahl for her service. Educational Support Week Mayor Regan Gonzalez thanked city staff and FOWL board members that attended the bonding event at Wood Lake Nature Center. ITEM #12 ADJOURNMENT The meeting was adjourned by unanimous consent at 8:28 p.m. Date Approved: February 8, 2022 Maria Regan Gonzalez Mayor Kari Sinning Katie Rodriguez City Clerk City Manager