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01-25-2022 City Council Meeting AgendaREGULAR CITY COUNCIL MEETING VIRTUAL MEETING HELD VIA WEBEX JANUARY 25, 2022 7:00 PM INTRODUCTORY PROCEEDINGS Call to order Pledge of Allegiance Open forum Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council. Individuals who wish to address the Council may call 612-861-0651 during the live meeting or email comments ahead of the meeting to kwynn@richfieldmn.gov. 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. PRESENTATIONS 1. Proclamation Celebrating Richfield Olympian Jon Soto Moreno 2. Richfield Foundation 2022 grant award presentation AGENDA APPROVAL 3. Approval of the Agenda 4.Consent Calendar contains several separate items, which are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action on these items is necessary. However, any Council Member may request that an item be removed from the Consent Calendar and placed on the regular agenda for Council discussion and action. All items listed on the Consent Calendar are recommended for approval. 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 5. Consideration of items, if any, removed from Consent Calendar RESOLUTIONS 6.Violation hearing and consideration of a resolution regarding civil enforcement for establishments that recently underwent alcohol compliance checks conducted by Richfield P ublic S afety staff, and failed by selling alcohol to a person under the age of 21. S taff Report No. 14 O T H E R B U S IN E S S 7.C onsider the appointments to C ity advisory board and commissions. S taff Report No.15 8.C onsider representatives to serve as the 2022 liaisons to various local, regional and state organizations, and C ity boards and commissions. S taff Report No. 16 C IT Y MAN AG E R’S R E P O R T 9.C ity Manager's Report C LAIMS AN D PAYR O L LS 10.C laims and P ayroll C O U N C IL D ISC U SSIO N 11.Hats Off to Hometown Hits 12.A djournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the City Clerk at 612-861-9738. ADJOURNMENT CITY COUNCIL MEETING MINUTES Richfield, Minnesota Special City Council Work Session January 8, 2022 The work session was called to order by Council Member Regan Gonzalez at 9:00 a.m. held virtually via WebEx. Council Members Maria Regan Gonzalez, Mayor; Mary Supple; Simon Trautmann; Ben Whalen; Present: and Sean Hayford Oleary Staff Present: Kelly Wynn, Administrative Assistant Item #1 MEETINGS WITH APPLICANTS OF THE CITY’S ADVISORY COMMISSIONS The City Council held meetings with the following applicants for appointment to City Advisory Boards and Commissions: Tessa Johanson Michael Devane Justin Evidon Benjamin Marx Eddie Holmvig-Johnson Benjamin Surma Adrianne Lee Nathan Howard Jeffrey Bruzek Aric Bieganek James Mahoney Craig Heinen Jessica Johnson-Kreps Husniyah Bradley The work session was adjourned by unanimous consent at 1:15 p.m. Date Approved: January 25, 2022 Maria Regan Gonzalez Mayor Kelly Wynn Katie Rodriguez Administrative Assistant City Manager CALL TO ORDER CITY COUNCIL MEETING MINUTES Richfield, Minnesota City Council Work Session Virtual via WebEx January 11, 2022 CALL TO ORDER The meeting was called to order by Mayor Regan Gonzalez at 5:45 p.m. virtually via WebEx Council Members Present: Maria Regan Gonzalez, Mayor; Mary Supple; Simon Trautmann (left 6:15 p.m.); Sean Hayford Oleary; and Ben Whalen Staff Present: Katie Rodriguez, City Manager; Rachel Lindholm, Sustainability Specialist; Chris Swanson, Management Analyst; and Kari Sinning, City Clerk. ITEM #1 ORGANIZED COLLECTION UPDATE AND RESIDENTIAL ORGANICS CREDIT Mayor Regan Gonzalez introduced City Manager Rodriguez who turned it over to Sustainability Specialist Lindholm. Sustainability Specialist Lindholm presented a summary of the statistics, the challenges and successes of the organized collection program. Mayor Regan Gonzalez thanked Sustainability Specialist Lindholm for the work and time that was given to take care of the residents’ issues and struggles with the implementation. Council Member Whalen mentioned that calls have decreased for him for concerns and echoed the thanks that Mayor Regan Gonzalez gave. Sustainability Specialist Lindholm shared a presentation on organics collection of which Richfield is the first city to have multiple different haulers and to have residents opt-in to the program and stated that under twenty-five percent of the organized collection program have opted-in for organics collection. Sustainability Specialist Lindholm explained a utility billing credit is available due to funds allocated from Hennepin County for the organics collection and described two different options to use the funds; Option 1: Credit all households in the program and Option 2: Credit households participating in organics collection. Sustainability Specialist Lindholm shared the pros and cons to both options but shared that staff is leaning more towards option one to incentivize more participation in organics collection. Council Member Whalen asked for clarification about number of credits that would be given. Sustainability Specialist Lindholm explained that the lump sum f und we received was for 2021 and that it would more than likely be a one-time credit depending on the logistics of the utility billing. Sustainability Specialist Lindholm also explained in the future, that may change depending if the city wanted to return to something like the recycling utility credit that was used in the past. Council Work Session Minutes -2- January 11, 2022 Council Member Hayford Oleary asked why the funds could not be allocated to a different use instead of being a credit. Sustainability Specialist Lindholm stated that the sustainability budget was already set for compostable bags to be given to residents and that the Hennepin County fund would be allocated back to the residents. Sustainability Specialist Lindholm explained that in the future that a credit could continue due to the funding received. Council Member Hayford Oleary questioned how giving a small amount to all households would incentivize new participation. Sustainability Specialist Lindholm stated that conversations with residents gave the impression that if they didn’t notice the fee as much that they would be more inclined to participate. Council Member Hayford Oleary asked if that we were to go with option two that residents might be upset that they aren’t getting the credit and Sustainability Specialist Lindholm stated that there would be backlash from residents that did not receive the credit. Council Member Hayford Oleary leaned more towards option two but would not be mad if staff chose option one. Council Member Supple leaned towards option one due to the fact that all are receiving the credit but could live either way. Council Member Whalen shared his opinions on the two options which he had a slight preference for option two and he also shared a curiosity of use the funds. Sustainability Specialist Lindholm stated that in the future the credit for option one would stay the same and that the credit for option two would decrease overtime as more residents would be participating. Sustainability Specialist Lindholm stated that the funds must be used for organics but that there is a list of accepted uses of the funds that we could look at in the future. City Manager Rodriguez shared that the contract with the haulers for organics collection would change if more residents participated and that the funds could be used to keep the organics fee charged to the resident at five dollars. Mayor Regan Gonzalez stated that either option would be okay but leaned more towards option two. Sustainability Specialist Lindholm gave a summary from the Council of the two options of which there was not a strong consensus for one or the other however most council members leaned toward option two. Sustainability Specialist Lindholm explained there is room for flexibility in the options in the future. Council Member Supple thanked Sustainability Specialist Lindholm and the staff for the wonderful job. Council Member Whalen asked for clarification on which option staff would recommend since the Council did not have a clear direction. Sustainability Specialist Lindholm stated that option one is more preferred by staff so that all organized collection residents are receiving the same regardless of participation in the organics collection. She also stated that this process can be improved over time as staff receives feedback from residents. If the Council were to prefer option two, staff would not be disappointed with that choice. Council Member Hayford Oleary changed his opinion for option one due to the previous comments made by Council Members and Sustainability Specialist Lindholm and to have more direction from council. Council Work Session Minutes -3- January 11, 2022 Mayor Regan Gonzalez agreed with that response from Council Member Hayford Oleary. Sustainability Specialist Lindholm explained the next steps are to align the logistics with LOGIS and utility billing to know a timeframe and more information before for a final decision is made of which council would be informed when that time comes. ADJOURNMENT The work session was adjourned by unanimous consent at 6:32 p.m. Date Approved: January 25, 2022 Maria Regan Gonzalez Mayor Kari Sinning Katie Rodriguez City Clerk City Manager 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; Simon Trautmann; Sean Hayford Oleary; and Ben Whalen Staff Present: Katie Rodriguez, City Manager; Mary Tietjen, City Attorney; Melissa Poehlman, Assistant Community Development Director; Ryan Krzos, City Planner; Jennifer Anderson, Support Services Supervisor; Rachel Lindholm, Sustainability Specialist; Kelly Wynn, Administrative Assistant; Chris Swanson, Management Analyst, and Kari Sinning, City Clerk. Others Present: 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 Jeff Wright, 136 E 70th Street, shared his favor for a mask mandate for Richfield. Tracy Satterlund, 6628 Stevens Ave, commented on the proposed project on the corner of 66th and Stevens Ave that would have a negative effect on the neighborhood. Kathleen Balaban, 6526 Stevens Ave, commented also on the proposed development on the 66th street corner and asked Council to be cognizant of City projects and opposed the size and volume of the building being proposed but not to an apartment building on the site. Mayor Regan Gonzalez read aloud an email from Jonna Klisch, 6641 1st Ave, which commented on the proposed development on 66th and Stevens Ave and urged the council to vote no on the proposed development. CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Council Meeting Virtual via WebEx January 11, 2022 Council Meeting Minutes -2- January 11, 2022 Catherine Bender, 6637 Stevens Ave, commented on the size of the development and asked Council to consider the effects neighborhood. Aaron Furuseth, 112 E 66th Street, echoed the comments of the other residents on the size of the building and the negative effects it could have on the solar panels on his house. Julie Lapensky, 6621 Stevens Ave, shared her concerns on the development project at 101 E 66th Street and the adverse effects this project has on the neighborhood. APPROVAL OF MINUTES M/Whalen, S/Hayford Oleary to approve the minutes of the: (1) Special City Council Meeting of December 9, 2021; (2) City Council Work Session of December 14, 2021; and (3) City Council Regular Meeting of December 14, 2021. City Clerk Sinning took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0 ITEM #1 APPROVAL OF THE AGENDA M/Supple, S/Trautmann to approve the agenda with amendment to add a resolution related to covid after the City Manager Report. Council Member Whalen asked for clarification of the discussion regarding the covid resolution and the options that could be done at that time. Council Member Supple interpreted the amendment as a broad discussion about covid. City Manager Rodriguez clarified that Council can take action during the City Manager’s Report on all options. City Clerk Sinning took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0 ITEM #5 CONSENT CALENDAR Council Meeting Minutes -3- January 11, 2022 City Manager Rodriguez presented the consent calendar. A. Consider approval of a Joint Power Agreement with the State of Minnesota Financial Crime Task Force and the City of Richfield acting on behalf of its Police Department. (Staff Report No. 1) RESOLUTION NO. 11924 RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF RICHFIELD ON BEHALF OF ITS POLICE DEPARTMENT B. Consider approval of a Temporary On Sale Intoxicating Liquor license for the Blessed Trinity Catholic School's Sno*ball event to take place on Saturday, February 5, 2022, at St. Richard's Catholic Church, located at 7540 Penn Ave S. (Staff Report No. 2) C. Consider approval of the Covid-19 Response Services Agreement with the City of Bloomington. (Staff Report No. 3) D. Motion to pass a resolution regarding Hennepin County SCORE 2022-2025 Agreement. (Staff Report No. 4) RESOLUTION NO. 11925 RESOLUTION APPROVING THE 2022-2025 RESIDENTIAL WASTE REDUCTION AND RECYCLING GRANT AGREEMENT WITH HENNEPIN COUNTY E. Consider resolutions designating official depositories for the City of Richfield for 2022, including the approval of collateral. (Staff Report No. 5) RESOLUTION NO. 11926 RESOLUTION DESIGNATING CERTAIN FINANCIAL INSTITUTIONS AS DEPOSITORIES FOR THE INVESTMENT OF CITY OF RICHFIELD FUNDS IN 2022 RESOLUTION NO. 11927 RESOLUTION DESIGNATING CERTAIN SAVING AND LOAN ASSOCIATIONS, BANKS, AND CREDIT UNIONS AS DEPOSITORIES FOR THE DEPOSIT AND INVESTMENT OF CITY FUNDS IN 2022 RESOLUTION NO. 11928 RESOLUTION DESIGNATING U.S. BANK A DEPOSITORY OF FUNDS FOR THE CITY OF RICHFIELD FOR THE YEAR 2022 F. Consider a resolution authorizing the use of credit cards by City employees otherwise authorized to make purchases on behalf of the City. (Staff Report No. 6) RESOLUTION NO. 11929 RESOLUTION AUTHORIZING THE USE OF CREDIT CARDS BY CITY EMPLOYEES AUTHORIZED TO MAKE PURCHASES ON BEHALF OF THE CITY OF RICHFIELD FOR THE YEAR 2022 Council Meeting Minutes -4- January 11, 2022 G. Consider a resolution designating an official newspaper for 2022 (Staff Report No. 7) RESOLUTION NO. 11930 RESOLUTION DESIGNATING AN OFFICIAL NEWSPAPER FOR 2022 H. Consider approval to designate an Acting City Manager for 2022. (Staff Report No. 8) I. Consider the designation of a Mayor Pro Tempore for 2022. (Staff Report No. 9) M/Whalen, S/Supple to approve the consent calendar. Council Member Supple highlighted item A and stressed the importance of this joint powers agreement. Council Member Trautmann lifted up the importance of the joint powers agreement and clarified the correction of item I of which City Attorney Tietjen stated that no further action was needed for the correction. City Clerk Sinning took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0 ITEM #3 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR None. ITEM #4 CONSIDER A REQUEST FOR A PLANNED UNIT DEVELOPMENT, FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR A MIXED USE BUILDING AT 101 66TH STREET EAST. (STAFF REPORT NO. 10) Council Member Hayford Oleary presented Staff Report 10. Council Member Hayford Oleary asked about the rejection of the proposal. Interim Community Development Director Poehlman explained that if Council were to deny the proposal the applicants could rezone the area for mixed use and then propose the same plan again or another plan that could be smaller or larger that would be approved for that zone. Council Member Hayford Oleary also asked about restricting the number of units under the PUD process. Interim Community Development Director Poehlman stated that per the Comp plan the district would allow council to restrict the number of units and doing so would not change the outcome of the proposed project as it would only be a couple of units; the developer’s costs would also be Council Meeting Minutes -5- January 11, 2022 higher which limit the number of affordable housing they could provide and could increase the subsidy necessary to make the project work. Council Member Hayford Oleary questioned the use of restrictions of the retail space. Interim Community Development Director Poehlman explained that Council can restrict the retail uses to think about how the retail space would affect the neighborhood and gave an example of Plaza 66 commercial development. Council Member Hayford Oleary also asked about what the City can do if the developer does not follow through with the installation of the headlight brush for the neighbor across from the parking ramp and questioned the height of the brush or fencing that would be installed. Interim Community Development Director Poehlman explained that they are required to do so per conditions of the PUD and the City could withhold the Certificate of Occupancy. Staff asked the developer to include Staff on any correspondence with the neighbor to make sure that it happens. Additionally, the developer could also create an escrow account to ensure the installation. In reference to the height of the brush or fence, Interim Community Development Director Poehlman stated that they would have to apply for a variance request; since this is a unique situation that could warrant the request being granted. Council Member Hayford Oleary also asked about the effect of the solar panels on the house across the street. Interim Community Development Director Poehlman deferred to the developer to answer that question and stated that staff review of the plan agrees that there is not an effect on the solar panels across the street. Council Member Supple asked about the traffic monitoring in the area. Interim Community Development Director Poehlman explained that traffic monitoring is to measure the volume of traffic and safety concerns; there will be a no-right turn sign but that will not be monitored by public works or the police department as it is a recommendation and stated that the residents of this building will be a part of the neighborhood too and should not feel unwelcome. Council Member Supple also asked about the water pressure. Interim Community Development Director Poehlman stated that pressure would not be impacted as a result of this project. Council Member Trautmann asked about the possibility to mitigate any financial harm caused by the impact on the solar panels of the neighbor across the street and also asked about the repercussions if the water pressure is affected by the building. City Attorney Tietjen stated that ensuring no financial loss might be something we could look into but further research would be needed. Interim Community Development Director Poehlman stated that the City monitors the water pressure for emergency purposes and that Public Works will continue to monitor it throughout the process. Council Member Whalen asked if a smaller project is even financially realistic for this site. Interim Community Development Director Poehlman explained that that those size projects are hard to fund and it would make it difficult for the developer. Council Member Whalen followed up with a question regarding affordable units. Interim Community Development Director Poehlman explained that evaluation of this project by the HRA is preliminary and this is just a proposal by the developer and the financial consultant will be able to evaluate for more affordability. If the Council wanted to approve a smaller project the Tax Increment gap increases and it cannot be filled. Mayor Regan Gonzalez asked for further clarification on the rejection of the PUD and what the impact would be if the number of units was dropped to 75 per acre. Interim Community Development Director Poehlman explained that if the PUD is not approved the developer could ask for the property to be rezoned for mixed use which can prompt for a larger project to be developed and if the number Council Meeting Minutes -6- January 11, 2022 of units were to be lowered it would not have much of an impact on traffic because it would only be three units less. Council Member Supple asked the developer about the impact of the removal of the commercial space for more residential and also asked for a little background on the reason why the original plan of six-story plan was only brought down to five-story instead of going to four-story. Daniel Oberpriller, North Bay Companies, explained that they do not want to have a negative effect on the neighborhood and will work with the neighbors to address any issues. Mr. Oberpriller stated that the lowering of the building to 4 stories would create smaller units but not necessarily affect the number of units and that lowering the height would not have much of an effect on the shadow cast. He also explained the financial need for the commercial space and shared that they would like a local business to occupy the space. Council Member Hayford Oleary asked if there was more information about the impact on the solar panels. Amanda Pederson, DJR Architecture, explained that the design software that they use for the models are drawn simulate the shadows cast at any given time throughout the year with accuracy. Mr. Oberpriller ensured Council that they will be working with the homeowner on the impact the building has on the efficiency of the solar panels. Council Member Whalen asked if the developer could speak to the idea of fewer larger units to provide more family units and if the City were able to provide more of a subsidy for deeper affordable units. Mr. Oberpriller understood the need for family housing but does not see this property as a viable option for that. He also stated that North Bay has tried to make this proposal the best it can be now and there may be changes for it in the future. Interim Community Development Director Poehlman explained that this is the final decision on the land use approval and not necessarily the specific units in the building. Council Member Whalen shared that he hears the neighbors’ concerns and appreciated the Staff including those concerns in the resolution but encouraged the developer to work with the City to make it more affordable. Council Member Trautmann thanked North Bay for taking the concerns seriously and thanked the neighbors for their concerns and explained the investments that the City must make to create a better experience for all residents. Council Member Trautmann shared that he is generally in favor of this project and appreciated the commercial space use that the developer proposed as an individually owned business instead of a national chain and that the site has been unsightly and unused for a decade. Council Member Hayford Oleary shared is general favor of the development with further concerns and amendments and appreciated the efforts of the developer for the concerns from the neighborhood. Council Member Supple understood the need for housing, the fiscal constraints on the developer, and appreciated the input from neighbors but was torn on making a decision and showed interest in the amendments that Council Member Hayford Oleary would like to see. Council Member Whalen added that this points the City in a good direction for the future of the area and builds more community in this area and appreciated the neighbors vocalizing their concerns. Mayor Regan Gonzalez shared her concerns with the project if it was rejected and how that would affect future proposals. Mayor Regan Gonzalez echoed Council Member Whalen in the need for more diversity of unit sizes. Mayor Regan Gonzalez also showed interest in the amendments that Council Member Hayford Oleary would propose. Council Meeting Minutes -7- January 11, 2022 Council Member Hayford Oleary reminded residents to contact him with any concerns with the project and also recognized the change that the development is in line with the Comp Plan that was already approved. M/Hayford Oleary, S/Trautmann to approve the attached resolution approving a Planned Unit Development, Final Development Plan and Conditional Use Permit for a mixed use building at 101 66th Street East. RESOLUTION NO. 11931 RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT AT 101 66TH STREET EAST Council Member Hayford Oleary stated an additional condition to the PUD to provide the same fencing to each neighbor on adjacent to the properties on Stevens Ave and 1st Ave. M/Hayford Oleary, S/Supple to add a condition that the developer add a continuous fence six feet in height for the property line bordering 6616 Stevens Ave S with the consent of cooperation of the owner of 6616 Stevens Ave and existing shrubs to be replaced with similar on the developer’s property. Council Member Trautmann asked for clarification on the need for a variance for the fence. Interim Community Development Director Poehlman clarified that a variance would be needed for the property to the East of the development. Council Member Whalen asked for further clarification on the need for this condition from the property owner. Council Member Hayford Oleary stated that this condition comes from the feedback received from a previous meeting and attempted to reach the property owner but was unsuccessful; the clause of “with consent of cooperation” made it so the condition could be removed if the property owner does not want the fence. City Clerk Sinning took roll call vote on the amendment: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0. Council Member Hayford Oleary also asked to formalize the commitment that the developer made regarding the solar power generation. M/Hayford Oleary, S/Supple to attach a condition that the developer cooperate with the property owner of 112 E 66th Street to mitigate any reduction of the solar power generation capacity by shading of the building. City Clerk Sinning took roll call vote on the amendment: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Council Meeting Minutes -8- January 11, 2022 Motion carried 5-0. Council Member Hayford Oleary suggested a discussion of the shift the driveway closer to the south to more align with the driveway of the property to the east at 6615 Stevens Ave instead of the living area. Council Member Whalen shared that shifting the driveway closer to the southern property does not solve the issue entirely and thought about adding something above the driveway to block some of the lighting as the vehicles come out of the driveway. Council Member Hayford Oleary mentioned that it is when the vehicles are coming out of the driveway at the peak that the lighting would be at its highest which is causing the problem and there wouldn’t be anything that the developer could place at the end of the ramp to stop that lighting from happening. Council Member Hayford Oleary asked staff if there is anything else that they have thought of and Interim Community Development Director Poehlman stated that there was not anything else that they could think of and they will continue to work with the developer throughout the process to help mitigate the headlights. Council Member Supple reluctantly voted to approve the proposal but stated that there must be continual work with the developer to make it the best for the neighborhood. City Clerk Sinning took roll call vote on the main motion with amendments: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0 ITEM #5 CITY MANAGER’S REPORT City Manager Rodriguez invited Nicholas Kelley from the City of Bloomington Public Health Division who presented City of Richfield statistics and shared how everyone is affected by this pandemic and urged residents to help each other. Council Member Hayford Oleary asked about home testing statistics. Mr. Kelley stated that the statistics are undervalued as they are only lab tests and urged residents that if they are sick to stay home. Council Member Hayford Oleary also asked for clarification of a high quality mask. Mr. Kelley explained differences of the masks. Council Member Whalen stated his confusion due conflicting messages around the intensity of the amount of cases and hospitalization rates. Mr. Kelley stated that the new variant is more transmittable but it is less severe which can cause the volume of cases to increase and the hospitalizations are the most severe cases that need medical intervention. Mr. Kelley also stated that Covid is not going to go away and it’s how we address this issue as a society will dictate how will live with Covid. Council Member Supple asked about the peak of the Omicron variant. Mr. Kelley stated that it is projected to be at the end of January. Council Meeting Minutes -9- January 11, 2022 Council Member Trautmann stated that even during a crisis that we are capable to have a logical conversation. City Manager Rodriguez thanked Community Health Services Administrator Jennifer Anderson for her continued support in this and gave a presentation that explained staff impacts during Covid, current city Covid mitigations, federal vaccination program, local mask mandate concerns, and the options for Council to either implement: option one, a local mask mandate; or option two, pass a resolution that recognizes the spike in Covid cases and strongly recommends vaccination, wearing masks, testing, and staying home when sick. Council Member Whalen asked about the next steps in the possible closure of buildings. City Manager Rodriguez stated that the community center may need to close along with limiting the number of people in the building but staff will wait for more numbers before making a decision. Council Member Supple asked about staff at water plant. City Manager Rodriguez will follow up with specifics about back up staff. Support Services Supervisor Anderson shared the concerns and confrontations that happened during the state mask mandate and how it was enforced or lack thereof. Mayor Regan Gonzalez asked Mr. Kelley if there is any way to calculate the impact of implementing a mask mandate in Richfield. Mr. Kelley stated that the data that they have seen on mask studies have been all over the board so there is not a confident study that could calculate the impact due to the variables with masks. City Manager Rodriguez shared her worries of the impact of a mask mandate on staff and delivering services along with the local businesses that would have to enforce the mandate. City Manager Rodriguez stated that if there was a way to ensure that the mask mandate would help end the pandemic, staff would recommend a mask mandate; however, that is not the case. Council Member Hayford Oleary wondered about creating a limit of scenarios that we would use staff resources to enforce a mask mandate and still make it against the law not to wear a mask. City Manager Rodriguez stated that it might cause confusion in the community which can still take staff time by funneling calls. City Manager Rodriguez also stated that due to the rapid transmission of this variant we would not be able to implement a mask mandate as quickly as Minneapolis has done. City Manager Rodriguez stated that the staff recommendation is for option two, to pass a resolution, as this option can be released to the community quickly and staff can continue to evaluate the situation for future mitigations if necessary. Council Member Whalen asked Mr. Kelley about data in relation to long term impacts of covid. Mr. Kelley stated that it is a concern that health officials have and it will continue to be a concern for the future as a third of covid cases tend to have longer than clinical symptoms. Council Member Supple shared that she is in favor of a resolution due to the time constraints and that it does not add more stress to our front line workers. Council Member Trautmann echoed the comments of Council Member Supple and affirmed the judgement of City Manager Rodriguez and City Staff. Council Member Hayford Oleary clarified that staff could create still a local emergency if needed and also stated that this is a tough decision to make without the backing of the State. Council Member Hayford Oleary hesitantly shared that he is okay with option two due to the fact that this decision is based upon logistics instead of what is best for public health. Council Meeting Minutes -10- January 11, 2022 Council Member Whalen echoed the comments of Council Member Hayford Oleary and asked how we can be creative about addressing the needs to protect public health and city staff issues. Council Member Whalen questioned the implementation of a mask mandate and closing or limiting people in city buildings till the end of the month which could help slow the spread of the Omicron variant in Richfield. City Manager Rodriguez shared in the frustration with the Council that this decision is a difficult one to make and wished that this was carried out at a state, federal, and global level and stressed that staff has already been pushed to the limits over the past two years and continuing to do so could have long lasting effects on staff morale. City Manager Rodriguez stated that local businesses can have their own mask mandates to enforce. Mayor Regan Gonzalez reflected on the affects that covid has had on everyone’s lives. Mayor Regan Gonzalez supported option two due to the consideration of what is feasible for the City to carry out. Mayor Regan Gonzalez asked about regional conversations if the state or federal governments are not going to implement public health mandates. Mr. Kelley stated that there are conversations being conducted in the metro that support health care and capacity issues and shared that partners across the region are having the same conversations about best serving the community and are coordinating with partners the best that they can. Council Member Hayford Oleary asked that staff continue to monitor the situation and City Manager Rodriguez stated staff will keep council informed. Council Member Whalen stated that since a mask mandate is unlikely to happen that the City try to be more proactive with deferring programs, limiting services, and providing testing and masks to the community. Council Member Whalen asked about the availability of high quality masks. Mr. Kelley stated that there are plenty of high quality masks available in the supply chains now compared to two years ago. City Manager Rodriguez stated that the suggestions made by Council Member Whalen would be taken into consideration by staff. Council Member Trautmann shared a word of support to the suggestions given by Council Member Whalen and placed trust into the executive staff to know where city staff resources are and to make the decision to better the community and to be able to allocate resources to make sure that residents survive the pandemic. Support Services Supervisor Anderson stated that the Minnesota Department of Health has allocated rapid tests to local public health departments and that they would go to community organizations that are experiencing barriers to being tested. Council Member Supple asked about masks being delivered to more vulnerable community members and organizations. City Manager Rodriguez appreciated the suggestion given and assured council that staff will follow up with these ideas. Council Member Whalen expressed urgency in this matter and stated that there should be a shift of resources to address this issue. Council Member Hayford Oleary agreed with Council Member Whalen and stated that if the mask mandates in Minneapolis and St. Paul are effective that other long term projects should be put on hold. Council Member Supple shared that this is a crisis and is a priority and anything that the city can do to increase access to masks and testing are all important and put faith in the public health experts to state what would have the biggest impact. Council Meeting Minutes -11- January 11, 2022 Mayor Regan Gonzalez agreed with other council members about the shift of resources as the city continues to monitor the pandemic. ITEM #6 CONSIDER A RESOLUTION TO COMMUNICATE AND RESPOND TO THE RECENT SURGE IN COVID-19 CASES (STAFF REPORT NO. 11) Followed by the City Manager’s Report discussion. M/Supple, S/Hayford Oleary to approve the attached resolution urging residents, employees and guests in Richfield to take all reasonable protective actions, such as wearing appropriate face coverings, maintain social distancing in public spaces, staying home when sick and getting vaccinated, if possible, in order to reduce the spread and negative impacts of COVID-19 during this period of infection surge caused by the Omicron variant. RESOLUTION NO. 11932 RESOLUTION URGING RICHFIELD TO FOLLOW COVID-19 PUBLIC HEALTH GUIDANCE City Clerk Sinning took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0 Mayor Regan Gonzalez thanked our staff working on the front lines of the pandemic and Jennifer Anderson, Nick Kelley and City Manager Rodriguez for the update on this difficult topic. ITEM #6 CLAIMS AND PAYROLL M/Whalen, S/Trautmann that the following claims and payrolls be approved: U.S. Bank _ 1/11/2022 A/P Checks: 302577 - 303255 $3,820,792.78 Payroll: 167141 - 167747 $1,486,962.37 TOTAL $5,307,755.15 City Clerk Sinning took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0 Council Meeting Minutes -12- January 11, 2022 ITEM #7 HATS OFF TO HOMETOWN HITS Council Member Whalen encouraged residents to participate in the survey for strategic planning. Council Member Hayford Oleary thanked everybody for putting in so much hard work and giving each other grace during these hard times. He also thanked the residents of City Bella for their holiday decorations for the residents to enjoy. Council Member Trautmann promoted Wood Lake Nature Center events. Council Member Supple thanked all the volunteers for the commission interviews. She also thanked all the essential workers (teachers, all the people on the front lines). She also promoted meal bundles for the Richfield Schools that will be provided since the schools are going to distance learning. Council Member Supple also expressed the need to spread kindness to all including ourselves. Mayor Regan Gonzalez thanked everyone from families to front line workers that this affects. She also expressed gratitude for the leadership of the Council and especially Council Member Supple to act as Mayor Pro Tempore while she transitions to a new position at work. ITEM #8 ADJOURNMENT The meeting was adjourned by unanimous consent at 10:13 p.m. Date Approved: January 25, 2022 Maria Regan Gonzalez Mayor Kari Sinning Katie Rodriguez City Clerk City Manager ADJOURNMENT CITY COUNCIL MEETING MINUTES Richfield, Minnesota Special City Council Work Session January 13, 2022 The work session was called to order by Council Member Regan Gonzalez at 5:00 p.m. held virtually via WebEx. Council Members Maria Regan Gonzalez, Mayor; Mary Supple; Ben Whalen; and Sean Hayford Present: Oleary Council Members Simon Trautmann Absent: Staff Present: Kelly Wynn, Administrative Assistant Item #1 MEETINGS WITH APPLICANTS OF THE CITY’S ADVISORY COMMISSIONS The City Council held meetings with the following applicants for appointment to City Advisory Boards and Commissions: Louis Dzierzak Timothy Garvey Edwina Garcia Gordon Hanson Garrett Zweber Stephanie Jacobson Amy Utley Cole Hooey Logan Thein Adam Burnside The work session was adjourned by unanimous consent at 7:38 p.m. Date Approved: January 25, 2022 Maria Regan Gonzalez Mayor Kelly Wynn Katie Rodriguez Administrative Assistant City Manager CALL TO ORDER ADJOURNMENT CITY COUNCIL MEETING MINUTES Richfield, Minnesota Special City Council Work Session January 15, 2022 The work session was called to order by Council Member Regan Gonzalez at 9:00 a.m. held virtually via WebEx. Council Members Maria Regan Gonzalez, Mayor; Mary Supple; Ben Whalen; Simon Trautmann; Present: and Sean Hayford Oleary Staff Present: Kelly Wynn, Administrative Assistant Item #1 MEETINGS WITH APPLICANTS OF THE CITY’S ADVISORY COMMISSIONS The City Council held meetings with the following applicants for appointment to City Advisory Boards and Commissions: Kevin Wendt Santwana Dasgupta Jack Wold Council then discussed appointments to boards and commissions. The work session was adjourned by unanimous consent at 11:10 a.m. Date Approved: January 25, 2022 Maria Regan Gonzalez Mayor Kelly Wynn Katie Rodriguez Administrative Assistant City Manager CALL TO ORDER Proclamation of the City of Richfield WHEREAS, Jon Soto Moreno moved from Mexico to Minnesota with his family 17 years ago; and WHEREAS, Jon Soto Moreno has been a longtime member of the Richfield community, attending Richfield Public schools and currently living in Richfield; and WHEREAS, 15 years ago, Jon began Nordic Skiing during his time at Richfield high school; and WHEREAS, during Jon’s high school Nordic skiing career, he received the All Conference Award, finished Top 15 at Sections, and received the “Work Horse” award from his Richfield High School teammates; and WHEREAS, after high school, Jon enrolled at Dunwoody College of Technology where he Graduated with a degree in Systems and Robotics and is currently a project manager in that field; and WHEREAS, Jon's competitiveness in the World Cup Circuit of Nordic Skiing has allowed him to race in places like Canmore, Canada, Oberstorff, Germany, and Seefeld, Austria; and WHEREAS, Jon achieved his qualification for the 2022 Beijing Olympics at the Nordic Ski World Championships in Germany; and WHEREAS, being a dual citizen, Jon has been selected to represent Mexico at the 2022 Beijing Olympics; and WHEREAS, Jon’s hard work, dedication, and perseverance is commendable and has brought pride to our City, and to our Nation; and WHEREAS, the Richfield community celebrates his achievements in Nordic Skiing and wishes him success in the 2022 Beijing Olympics; and WHEREAS, the Richfield community also celebrates Jon for the person he is today and the person he will become in the future. NOW, THEREFORE, I, MARIA REGAN GONZALEZ, Mayor of the City of Richfield, do proclaim that the City of Richfield, Minnesota and its citizens that Jon Soto Moreno is hereby extended our support for his accomplishments. PROCLAIMED this 25th day of January, 2022. Maria Regan Gonzalez, Mayor AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #4.A. STAFF RE P ORT NO. 12 CIT Y COUNCIL ME E T ING 1/25/2022 RE P O RT P RE PA RE D B Y: A my Markle, Recreation S ervices D irector D E PA RTME NT D IRE C TO R RE V IE W: A my Markle, Recreation S ervices D irector 1/18/2022 O THE R D E PA RTM E NT RE V IE W: C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager 1/19/2022 I T E M F O R C O UNC IL C O NS ID E RAT I O N: 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. E X E C UT IV E S UM M ARY: Hennepin County is completing a road project on Nicollet Avenue that includes improving the accessibility and safety of several road crossings including 70th Street and Nicollet Avenue, which is adjacent to Augsburg Park. The work will be done in 2022, and will include the following improvements: Upgraded traffic signals including left turn phasing and flashing yellow arrows to provide flexible signal operations. A D A pedestrian ramp improvements. Accessible pedestrians signals with audible signals and countdown timers. The area of parkland that will be impacted long-term from this project is .003 acres (126 square feet). Temporarily .01 acres (448 square feet), will be impacted. During construction there will be detours for both bicyclists and pedestrians, no facility will be affected. Construction will be planned to have minimal impacts to the park and community. Hennepin County has agreed to a construction timeline that will not impact the Red, W hite, and Blue Days Parade, as this intersection is along the route. Overall, the updates will improve connections to Augsburg Park and its many park amenities, the library, and Community Center. T he Federal Highway Administration needs approval of the de minimis determination of minimal park impacts to proceed with the project. RE C O M M E ND E D AC T I O N: Approve the de minimis determination for the Hennepin County road project at 70th Street and Nicollet Avenue in relation to impacts on Augsburg Park. B AS IS O F RE C O M M E ND AT I O N: A.H IS TOR IC AL C ON T E X T B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Hennepin County and the Federal Highway Administration need an approval of de minimis determination that the project on Nicollet Avenue and 70th Street will have minimal impacts to Augsburg Park. At this time, no Minnesota D NR approvals are needed in relation to parkland agreements. The letter from Hennepin County is attached that needs to be signed in agreement in the di minimis determination for this project. The State and Federal Project Numbers: S.P. 027-652-041 and S.P. 027-635-038. C.C R IT IC AL T IMIN G IS S U E S: For this project to stay on schedule for summer construction, a de minimis determination is needed to move the planning forward. D.F IN AN C IAL IMPAC T: No financial impacts have been identified. E.L E GAL C ON S ID E R AT ION: For this project to proceed the approval is needed of the de minimis determination for any impacts to Augsburg Park. ALTE R N AT IV E R E C O MME N D ATIO N(S): Reject the approval of de minimis determination and work with Hennepin County for a different solution. P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: AT TAC H ME N T S: D escription Type Hennepin C ounty L etter of Request for D e Minimis D etermination for the A ugsburg P ark P roject C over Memo Hennepin C ounty D e Minimus D etermination L etter of Intent C over Memo January 18th, 2022 Amy Markle Director of Recreational Services City of Richfield 7000 Nicollet Avenue Richfield, MN 55423 RE: CSAH 35 (Portland Avenue) and CSAH 52 (Nicollet Avenue) Signal Revisions and Pedestrian Improvements Minn. Project No. HSIP 2722 (166) CSAH 52 (Nicollet Avenue), Richfield (S.P. 027-652-041) Project Termini: individual intersections at 70th and 76th Streets, Hennepin County CSAH 35 (Portland Avenue), Bloomington (S.P. 027-635-038) Project Termini: individual intersections at 86th, 90th and 98th (CSAH 1) Streets, Hennepin County Request for Concurrence on De Minimis Impact to Augsburg Park, Richfield, MN Dear Ms. Markle: This letter is regarding the proposed impacts to the Augsburg Park property located in the southwest quadrant of the intersection of CSAH 52 (Nicollet Avenue) and 70th Street, as a result of this road project, which will upgrade traffic signals and install of flashing yellow arrows, accessible pedestrian signals with audible signals, countdown timers and ADA pedestrian ramp improvements. As you are aware, this road construction project requires a total of .01 acres (448 square feet) of temporary and permanent easements on park property. The temporary (.007 acres, 322 square feet) and permanent (.003 acres, 126 square feet) easements are necessary for construction access, the placement of utilities and construction of sidewalk connections and ADA compliant ramps. Other park impacts will include temporary bicycle/pedestrian detours that will occur during construction. As this project was in development, the engineering design reduced the project footprint to the extent possible. The project will also time construction activities with city/park planners to avoid large scheduled activities and minimize and mitigate construction related impacts to these activities. The updated sidewalk connections and ADA ramps will enhance accessibility and safety for the community center and special needs users of this park facility. Under Section 4(f) of the U.S. Department of Transportation Act of 1966, this park property is considered a Section 4(f) resource. A review of the project impacts and proposed construction show that the impacts to the park will be minimal and will not alter or affect the use of the park. Based on this assessment, we intend to make a determination that the impact to the park property would be de minimis. In order to make the Section 4(f) de minimis finding, your written concurrence that this project will not adversely affect th e activities, features, and attributes of the park property is necessary. To acknowledge that you have been notified of the intent to apply the Section 4(f) de minimis finding, and your agreement that the activities, features, and attributes of the park wi ll not be adversely affected, please sign below and return the signed copy to _ Amy Markle at the letterhead address. Your prompt response is appreciated. If you have any questions, please call me at 651 247 6339. Sincerely, ______________________ Field Operations Team Leader Federal Highway Administration Minnesota Division Office As the official with jurisdiction over Augsburg Park, I hereby concur with the recommendation of the project proponents that the use and impacts associated with this project along with the identified avoidance, minimization, and mitigation measures, will not adversely affect the activities, features, and attrib utes that qualify the property for protection under section 4(f). _________________________________________ ________________________ Amy Markle, Director of Recreational Services Date City of Richfield, MN Hennepin County Transportation Project Delivery Public Works Facility, 1600 Prairie Drive, Medina, MN 55340 hennepin.us Date: December 7, 2021 Wendall Meyer Division Administrator Federal Highway Administration 380 Jackson Street, Suite 500 St. Paul, Minnesota 55101-2904 In reply refer to: De Minimis Determination Notice of Intent Request for Augsburg Park, Richfield Minn. Proj. No.: _________________ S.P. 027-652-041 and S.P. 027-635-038 Attn: Bill Lohr (FHWA) and Lisa Daniels (MnDOT) Hennepin County is requesting that FHWA issue a notice of intent to make a determination that the impact of the above referenced project on Augsburg Park would be de minimis. Information supporting this request is presented below. 1. General Project Information State and Federal Project Numbers: S.P. 027-652-041 and S.P. 027-635-038 CSAH 52/Nicollet Avenue, Richfield (S.P. 027-652-041) Project Termini: individual intersections at 70th and 76th Streets Hennepin County CSAH 35/Portland Avenue, Bloomington (S.P. 027-635-038) Project Termini: individual intersections at 86th, 90th and 98th (CSAH 1) Streets Hennepin County Description of Proposed Improvement: This project involves safety improvements at three intersections along Portland Avenue (CSAH 35) in Bloomington (86th, 90th, and 98th Streets) and two intersections along Nicollet Avenue (CSAH 52) in Richfield (70th and 76th Streets). These sections of Portland Avenue (CSAH 35) and Nicollet Avenue (CSAH 52) connect users from primarily residential areas to the I-494 freeway. The project will construct ADA compliant pedestrian ramps and revise traffic signal systems. Recent striping configurations were introduced along both Portland Avenue (CSAH 35) and Nicollet Avenue (CSAH 52) that converted the four-lane environment to a three-lane section with a shared left-turn lane. However, no traffic signal upgrades were included as part of the restriping projects. This project will upgrade traffic signals along these sections and include left turn phasing and flashing yellow arrows to provide flexible signal operations. Additionally, accessible pedestrian signals with audible signals and countdown timers will be included as part of the ADA pedestrian ramp improvements. 2. Project Owner Ryan Allers, PE, PTOE 612-596-0396 Sr. Project Engineer ryan.allers@hennepin.us Hennepin County Public Works 1600 Prairie Drive Medina, MN 55340 3. Description of the Section 4(f) Property. Name: Augsburg Park, Richfield, MN Total Size (acres): 20.93 acres Location: southwest corner of 70th Street and Nicollet Avenue Section 4(f) Property Owner/Manager: City of Richfield Official(s) with Jurisdiction (OWJ): Amy Markle 612-861-9394 Director of Recreation Services amarkle@richfieldmn.gov 7000 Nicollet Avenue Richfield, MN 55423 Type of Section 4(f) Property: municipal park Function of or Available Activities on the Property: Tennis and handball, ice skating, skateboarding, special needs play equipment and public shelter facilities. Description and Location of Existing and Planned Facilities: There are three public shelters sited throughout the park, the tennis and handball courts are along the southern park boundary, the ice skating facilities in the far southwest, the planned special needs youth equipment and skatepark with be in the center north of the park and just north of the tennis courts, respectively. A community center, with park administrative offices is also found in the northeast potion of this park parcel, near this road construction project. See attached figures. Access: Surrounding bicycle/pedestrian and vehicular parking in two separate lots and on road parking. Other Features or Attributes Important to the Section 4(f) resource: This park property also hosts a community center with park offices and a public library. 4. Impacts to the Section 4(f) Property. Amount of land impacted (acres): .01 acres (448 square feet) total of temporary and permanent sidewalk and utility easement impacts. Permanent R/W Acquisition/Easements: 1 total, equaling .003 acres (126 square feet) for permanent sidewalk and utility easement to allow for the placement of utilities and construction of sidewalk connections and ADA compliant ramps. Temporary Easements: 1 total, equaling .007 acres (322 square feet) for construction access. Functions/Activities Affected: Temporary bicycle/pedestrian detours will occur during construction. Facilities Affected: none Access Affected: temporary access effects only Other Features or Attributes Affected: This park property also hosts a community center with park administration offices, an accessible playground and a community library. There are two parking lots for these facilities to provide continued access and will not be affected by the project. General pedestrian access from the Nicollet and 70th intersection will have minor impacts from temporary detours during construction activities. Considerations in consultation with the OWJ. Impact avoidance: Engineering design reduced the project footprint to the extent possible and timing consultation with city/park planners to avoid large scheduled activities and functions during actual construction. The construction area is along the Fourth of July Parade Route, so construction will be scheduled wither before or after the event. Planning to minimize harm: Project timeline and duration of construction has been minimized to the extent possible. Mitigation: Construction activities will be limited to daytime hours with special consideration for yet-to-be scheduled activities at community center, accessible playground and library. Enhancement: The updated sidewalk connections and ADA ramps will increase accessibility and safety for the community center and special needs users of this park facility. 5. Coordination with Responsible Official with Jurisdiction (OWJ) Over the Section 4(f) Property: Date Agency/Organization, Personnel, and their Position Discussion description Conclusions 4/16/2021 Hennepin County, Ryan Allers Project Manager Initial Contact with Amy Markle, discussed project impacts to park Shared information regarding impacts to the park in order to construct ADA compliant pedestrian ramps. 4/29/2021 Hennepin County, Ryan Allers Project Manager Email to Amy Markle and provided requested exhibit Exhibit provided showing park impacts. 11/23/21 Hennepin County, Ryan Allers and Environmental Specialist Dave Jaeger Teams meeting with Richfield Amy Markle, discussed project impacts to park, shared DRAFT De Minimis Notice of Intent Letter Richfield is favorable of concurring with De Minimus Conclusion 11/29/21 Hennepin County, Ryan Allers and Environmental Specialist Dave Jaeger Teams meeting with Richfield Amy Markle, discussed and reviewed DRAFT De Minimis Notice of Intent Letter and city council schedule Last letter reviews scheduled, along with plans to take FHWA concurrence request to Richfield city council in January 2022. If after consideration of the information presented in this letter, FHWA intends to make a de minimis determination, conditioned upon consideration of any comments received during the required 14-day public comment period, please indicate by signature below. MnDOT will transmit a copy of this signed letter to the OWJ as notice of FHWA’s intent to make a de minimis finding. The present plans are to complete the required public notice and comment period in December, 2021, and for the Richfield city council to provide concurrence at a normally scheduled board meeting in January, 2022. The de minimis process, including correspondence related to FHWA’s intent to make a de minimis determination, comments received on the notice of FHWA’s intent to make a de minimis determination, FHWA’s final de minimis determination, and the OWJ’s final concurrence will be reported in the Categorical Exclusion document. Sincerely, Carla Stueve, PE Hennepin County Engineer I Concur: DSAE ______________________________________________ Date ___________ I Concur: State Aid Engineer ______________________________________________ Date ___________ FHWA Intent to Make a De Minimis Determination conditioned on results of public notice and comment period: FHWA Engineer ______________________________________________ Date ___________ 70th Street West Nicollet Avenue SouthAugsburg Park Center Community Richfield 0 10050 November 18, 2021 Easement = 322 sq. ft. Temporary Construction Utility Easement = 126 sq. ft. Permanent Sidewalk and Total parcel area = 20.93 acres 72nd Street West (County Road 52)City Of Richfield 7000 Nicollet Ave S Richfield 34-028-24-21-0001 18 35 & 52 2191600 ADDRESS: OWNER: PID: PARCEL PROJECT CSAH Medina, MN 55340 1600 Prairie Drive GROUP LAND ACQUISITION HENNEPIN COUNTY Utility Easement = 126 sq. ft. Permanent Sidewalk and Easement = 322 sq. ft. Temporary Construction Total parcel area = 20.93 acres November 18, 2021 0 15 30 70th Street West Nicollet Avenue SouthAugsburg Park (County Road 52)Richfield Community Center 18 35 & 52 2191600 City of Richfield 7000 Nicollet Ave S Richfield 34-028-24-21-0001 ADDRESS: OWNER: PID: PARCEL PROJECT CSAH Medina, MN 55340 1600 Prairie Drive GROUP LAND ACQUISITION HENNEPIN COUNTY AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #4.B. STAFF RE P ORT NO. 13 CIT Y COUNCIL ME E T ING 1/25/2022 RE P O RT P RE PA RE D B Y: Joe P owers, C ity E ngineer D E PA RTME NT D IRE C TO R RE V IE W: K ristin A sher, P ublic Works D irector 1/18/2022 O THE R D E PA RTM E NT RE V IE W: N/A C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager 1/19/2022 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consider the Approval of Change Order No. 7 for the 77th Street Underpass Project. E X E C UT IV E S UM M ARY: Background Consistent with City Council direction, the Capital I mprovement Plan (C I P), and the City's Comprehensive Plan, construction of the 77th St Underpass project commenced in J uly 2021 and is anticipated to continue through fall 2023. T he project includes directing stormwater runoff from the underpass to an existing stormwater basin within the NE interchange loop at Highway 77/Highway 494. During construction, the contractor and MnD OT engineering staff determined that the existing basin topography is not consistent with the design plans and a portion of the basin must be dredged and regraded to allow positive drainage. T he existing pond is owned and maintained by MnDOT; the City will share responsibility for the pond maintenance once the project is completed. As the existing pond conditions occurred under MnD OT ownership, MnD OT W ater Resources Division is contributing $100,000 to complete the work. The remainder of the work will be funded using excess federal funds available to the project. The MnD OT contribution will offset the 20% local match required with use of any federal funds, therefore the City will have no cost for the work. RE C O M M E ND E D AC T I O N: By Motion: Approve Change Order No. 7 for the 77th Street Underpass Project. B AS IS O F RE C O M M E ND AT I O N: A.H IS TOR IC AL C ON T E X T The City Council authorized the award of contract for the 77th St Underpass Project to C.S. Mc Crossan on J uly 6, 2021. The City Council approved a Cooperative Construction Agreement with MnD OT on May 25, 2021. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Per the projec t approval by the C ity Council, all change orders exc eeding $175,000 must be approved by the City Council. The Cooperative Construction Agreement with MnD OT will be amended to include this work. Per City C ounc il approval of the agreement, this amendment can be authorized by the May or and City Manager without Council action. Construction of the 77th Street Underpass is consistent with the City 's Comprehensive Plan (Chapter 7 - Transportation) and has been included in the Capital I mprovement Budget and Plan. C.C R IT IC AL T IMIN G IS S U E S: Commencement of this work within the coming weeks is necessary to keep the overall project schedule on track. D.F IN AN C IAL IMPAC T: T he estimated cost of Change Order No. 7 is $222,169.41. MnDOT Water Resources Division will contribute $100,000.00 to the change order work. T he remainder of the change order work will be funded with excess federal funds available to the project. MnDOT 's contribution will offset the 20% local match required when using federal funds. Due to the offset, the City will incur no additional cost for this work. E.L E GAL C ON S ID E R AT ION: None ALTE R N AT IV E R E C O MME N D ATIO N(S): None P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: None AT TAC H ME N T S: D escription Type F inal L ayout 12-2020 E xhibit S ources and Uses S ummary B ackup Material C hange Order #7 C ontract/A greement RICHFIELD, MN 55423 6700 PORTLAND AVE CITY OF RICHFIELD RICHFIELD, MN 55423 6700 PORTLAND AVE CITY OF RICHFIELD RICHFIELD, MN 55423 7629 BLOOMINGTON AVE S MATTHEW AND SARAH KARNAS BURNSVILLE, MN 55306 307 MAPLE ISLAND RD 76 & BLOOMINGTON LLC RICHFIELD, MN 55423 6700 PORTLAND AVE CITY OF RICHFIELD RICHFIELD, MN 55423 6700 PORTLAND AVE CITY OF RICHFIELD RICHFIELD, MN 55423 1550 78TH ST E ADLER GRADUATE SCHOOL BLOOMINGTON, MN 55420 8713 DUPONT AVE S 494 BUILDING PARTNERSHIP LLC RICHFIELD, MN 55423 1620 78TH ST E OLIN 2 LLC RICHFIELD, MN 55423 1620 78TH ST E C/O METRO SALES INC JERRY E MATHWIG RICHFIELD, MN 55423 6700 PORTLAND AVE CITY OF RICHFIELD 55437 BLOOMINGTON, MN 4801 WEST 98TH ST PHILO GEORGE GEORGE PUTHUKULAM 55431 BLOOMINGTON, MN 8024 THOMAS AVE S PROP LLC WILLIAM MILTON 55431 BLOOMINGTON, MN 8024 THOMAS AVE S PROP LLC WILLIAM MILTON CARROLLTON, TX 75007 4001 INTERNATIONAL PKWY G6 HOSPITALITY PROP LLC 55437 BLOOMINGTON, MN 4801 98TH ST W 7600 CEDAR AVE LLC MINNEAPOLIS MN 55450 6040 28TH AVE S METRO AIRPORT COMMISSION MINNEAPOLIS MN 55450 6040 28TH AVE S METRO AIRPORT COMMISSION SPEED EX MPH SPEED DESIGN MPH 30 30 Frontage Road SPEED EX MPH SPEED DESIGN MPH 40 40 Ramp 1H BEGIN CONSTRUCTION STA 110+06.22 FRONTAGE ROAD END CONSTRUCTION BEGIN CONSTRUCTION END CONSTRUCTION END CONSTRUCTION END CONSTRUCTION END CONSTRUCTION BEGIN CONSTRUCTION END CONSTRUCTION EXIST BRIDGE NO. 27070 EXIST BRIDGE NO. 27053 PROP BRIDGE NO.27R35 PROP BRIDGE NO.27R37 PROP BRIDGE NO.27R38 PROP BRIDGE NO.27R36 BEGIN CONSTRUCTION BEGIN CONSTRUCTION 0 50 FT 100 FT 77TH Street Improvements 12'40'REX 15.5'LANE EX 18'LANE EX 19.5'25'R ON LOOP 1W EXISTING RAMP METERS 8' TRAIL 1:5WALL 2 26'1:4016.5'RAMP METERS EXISTING AND PROPOSED1:35 LANE TAPERWALL 1 CITY OF RICHFIELD COMMISSION METROPOLITAN AIRPORTS HENNEPIN COUNTY 494 INTERSTATE 175'R 29'22' 18' 3 0'R30'R EX 19.5'EX 19.5'EX 19.5'12'LANE6' SHLD12'LANE12'LANE8' SHLD6' SHLD6' SHLD12'LANE12'LANE11'SHLD10'TRAIL W/ 2' BLVD & 2' TREATMENT 31' 10' TRAIL 2' TREAMENTW/2' BLVD W/ 2' BLVD 1:10 1:10 1:10 1:15 SHLD1:15 SHLD16'1 :1 5 S HL D1:15 S H L D1:15 SHLD16'1:10 6'WALK 1:40 1:40 1:40 1:40 (CENTERPOINT ENERGY) PRESSURE GASMAIN EXISTING 20" HIGH (CENTERPOINT ENERGY) PRESSURE GASMAIN EXISTING 20" HIGH (CENTERPOINT ENERGY) PRESSURE GASMAIN EXISTING 20" HIGH REPLACEMENT CORRIDOR 20" OR 24" PROPOSED HIGH PRESSURE STEEL GASMAIN REPLACEMENT CORRIDOR 20" OR 24" PROPOSED HIGH PRESSURE STEEL GASMAIN REPLACEMENT CORRIDOR 20" OR 24" PROPOSED HIGH PRESSURE STEEL GASMAIN TH77 NB (MATCH EXIST ACROSS ROAD)EX 8'EX 15'EX 16'4 5'R50'R 7'BLVD1:50 SHLD TAPER40'R300'-12'LTL 10'TRAIL 13'THRU LANE 12'THRU LANE 11'THRU LANE 11'THRU LANE WALL 3 13'THRU LANE PROPOSED NOISE WALL 13'THRU LANE FINAL LAYOUT RICHFIELD PARKWAY 77TH ST WB 77TH STREET END S.P. 157-108-035 BEGIN S.P. 157-108-035 77TH STREET RAMP 1H FRONTAGE ROAD 77TH ST WB TH77 BEGIN S.P. 2758-82 END S.P. 2758-82 TH77 RAMP 1G TH77 NB (MATCH EXIST) RAMP 1H RAMP 1G 77TH ST 6' BLVD 10'TRAIL W/ 2' BUFFER AND 2' CLR ZONE24' ROADWAY (FACE TO FACE)1:15 S H L D DECEMBER 2020 PROPOSED NOISE WALL 12'THRU LANE 6'WALK W/ 2' BLVD 12'LANEWALL 5VAR.8'8'VAR.VAR.40'R 2 5'R1:30W/ 2' BLVD6'WALK 13'THRU LANE11'THRU LANE11'THRU LANE 10'TRAIL 300'-12'LTL 11'THRU LANE 13'THRU LANE 10' PARKING13'LANE10' TRAIL1:513'LANE6' WALK40'R7'BLVD 6'WALK 12'THRU LANE 13'THRU LANEEX 14'LANE EX 13'LANE EX 14'LANE EX 13'LANE 8'VAR.22'12'9'14' THRU LANE18' THRU LANEWALL 412'LANE10'SHLD12'LANE6'SHLD6'SHLD10'SHLD16'LANE16'LANEVAR. MEDIAN6'MEDIAN12'LANE12'LANE6' SHOULDER8'8'16'LANE VAR.VAR.1:25 SHLD TH 7 7 N B A D T 6 7 0 0 0 ( 2 0 1 5 )TH 77 SB ADT 67000 (2015)AIRPORTINTERNATIONALMPLS/ST. PAUL RAMP 1P ADT 4,900 (6,700)494 ADT 146000 (XXXX)RAMP 1G ADT 5,600 (6,600)SPEED POSTED MPH SPEED DESIGN MPH Trunk Highway 77 2020 AADT = 67,900 2040 AADT = 75,000 (3.0%) 2040 HCAADT = 2,7005570 SPEED POSTED MPH SPEED DESIGN MPH 77th Street 2020 AADT = 12,500 2040 AADT = 13,850 (3.6%) 2040 HCAADT = 5004040 BLOOMINGTON AVE S76TH ST FRONTAGE RD RAMP 1H RAMP 1YOLD CEDAR AVELONGFELLOW AVE18TH AVE S17TH AVE SMINNESOTA 77 LOOP W-S NE CIRCLE RAM P 1H L O O P 1W RA MP 1G R A MP 1 G RAMP 1 FRAMP 1YARAMP 1VRAMP 1HConcrete Curb & Gutter / Median Pond Turf Establishment Bituminous Roadway Concrete Roadway Permanent Easement Bridges and Walls Shoulders (Paved) Inplace ROW Prop ROW Trail Sidewalk Temporary Easement SPEED EX MPH SPEED DESIGN MPH 35 35 Ramp 1G Legend Noise Wall EXTENSION FUTURE PARKWAY { RICHFIELD PARKWAY CITY BOUNDARY 77th UnderpassFunding Uses/SourcesRichfield Project No. 41300Updated January 18, 2022 Uses:NotesConstruction Costs $23,300,000 Lowest Bid ($22.26M) + Change Orders ($270k) + contingencyAVIS Utility Relocation $200,000Construction Adminstration $300,000City Labor $375,000Total Uses $24,175,000Sources:Federal $5,510,000 Have $7M for construction, requires 20% match2017 State Bonding $5,690,000 Construction2020 State Bonding $6,000,000 ConstructionThree Rivers Park $300,000 TRPD TrailCity Utilities $170,000MnDOT $4,000,000MnDOT Water Resources $100,000 Change Order No.7 ContributionMAC $300,000MSA $2,410,000Total Sources $24,480,000 AGENDA SECTION:RESOLUTIONS AGENDA ITEM #6. STAFF RE P ORT NO. 14 CIT Y COUNCIL ME E T ING 1/25/2022 RE P O RT P RE PA RE D B Y: Jennifer A nderson, S upport S ervices Manager D E PA RTME NT D IRE C TO R RE V IE W: Jay Henthorne, D irector of P ublic S afety/C hief of P olice 12/29/2021 O THE R D E PA RTM E NT RE V IE W: NA C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager 1/19/2022 I T E M F O R C O UNC IL C O NS ID E RAT I O N: 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. E X E C UT IV E S UM M ARY: Alcohol complianc e chec ks were conduc ted by Richfield P ublic Safety staff on November 3 and November 9, 2021. C ompliance c hecks are done to determine the availability of alcohol to people under 21 and meet State Statutes. There are currently 33 establishments in Ric hfield that hold lic enses to sell alcohol. Compliance checks were conduc ted at 31 establishments. Two establishments were closed at the time the chec ks were conducted. Ten of the 31 establishments sold alcohol to an underage person. The action being taken today is for civil enforcement and penalties against these establishments. I t is a first time offense for the following three establishments: Assal Petroleum, L L C d/b/a Winner Gas/Pump and Munch located at 7733 Portland Avenue South Lyndale Smokehouse, LLC d/b/a Lyndale Smokehouse located at 7745 Lyndale Avenue South Los Sanchez Taqueria I I , L L C d/b/a Los Sanchez Taqueria located at 2 66th Street West. The remaining seven establishments have failed two or more alcohol c ompliance chec ks in the past. Due to the step back option in Resolution No. 9511, an establishment can "step back" after two consecutive compliance checks. The following establishments have stepped back to a first time offense. Davanni's Inc. d/b/a/ Davanni's Pizza and Hot Hoagies, located at 6345 Penn Avenue South. Fred Babcock VF W Post 5555 located at 6715 Lakeshore Drive. My Burger Operations, L L C d/b/a My Burger located at 6555 Lyndale Avenue South. Northern Tier Retail, LL C d/b/a Speedway #4191 located at 7500 Lyndale Avenue South. Patrick's French Bakery I nc. d/b/a Patrick's Bakery & Cafe located at 2928 66th Street West. Shri Hari Corp. d/b/a Portland Food Mart located at 7701 Portland Avenue South. V P C Richfield Pizza, L L C d/b/a Giordano's of Richfield located at 3000 66th Street W est. Establishments will be given an opportunity to admit they made an unlawful sale to an underage person and agree to the penalties imposed by the City Council, or deny the allegations and request a c ontested case hearing. The City Council will adopt a resolution imposing the penalties for establishments that admit to the violation. I f the allegation is denied and a c ontested case hearing is requested, the City Council will refer the matter to an independent hearing examiner. Establishments will be notified of the hearing date and given the opportunity to present evidence and rebut the City’s evidence at the hearing. For first time violators, Public Safety recommends the City Council follow the guidelines set forth in Resolution No. 9511. Suspend their license to sell alcohol for five days. Pay a $1,000 civil fine. Meet with the Director of Public Safety to present a written action plan to ensure future compliance. Require a manager to attend an alcohol compliance training and awareness presentation with costs paid by the establishment. The training must be conducted by a private firm and approved by Public Safety. RE C O M M E ND E D AC T I O N: By motion: Approve the attached resolutions regarding civil enforcement for establishments that failed alcohol compliance checks by selling alcohol to an underage person. B AS IS O F RE C O M M E ND AT I O N: A.H IS TOR IC AL C ON T E X T Alcohol compliance checks started in 1999 to determine the availability of alcohol to underage people and meet State Statute. Civil penalties imposed for failing alcohol compliance checks are an incentive for establishments to provide ongoing employee training. On November 3 and November 9, 2021, Richfield Public Safety conducted alcohol compliance checks at 31 establishments in Richfield that sell alcohol. Two 19 year old's assisted with the compliance checks. The following 10 establishments sold alcohol to a person under the age of 21. Assal Petroleum, LLC d/b/a W inner Gas/Pump and Munch. Davanni's I nc. d/b/a/ Davanni's Pizza and Hot Hoagies. Fred Babcock V FW Post 5555. Los Sanchez Taqueria II, LL C d/b/a Los Sanchez Taqueria. Lyndale Smokehouse, LLC d/b/a Lyndale Smokehouse. My Burger Operations, L LC d/b/a My Burger. Northern Tier Retail, LLC d/b/a Speedway #4191. Patrick's French Bakery I nc. d/b/a Patrick's Bakery & Cafe. Shri Hari Corp. d/b/a Portland Food Mart. VPC Richfield Pizza, LL C d/b/a Giordano's of Richfield. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): I t is a violation of Minnesota State Statute to sell alcohol to a person under the age of 21. Resolution No. 9511 specifies certain improper conduct of alcohol license holders and delineates the progressive discipline that can be expected when violations occur, such as the sale of alcohol to an underage person. C.C R IT IC AL T IMIN G IS S U E S: Fine and suspension requirements must be met by February 25, 2022. D.F IN AN C IAL IMPAC T: The fine being recommended at this time is intended to recover 100% of the costs for conducting the compliance checks and to impose a financial penalty. E.L E GAL C ON S ID E R AT ION: The employee of each establishment that sold alcohol to a person under the age of 21 has been charged with Gross Misdemeanor Furnishing per state statute. ALTE R N AT IV E R E C O MME N D ATIO N(S): The Council may consider taking more or less severe action against the establishments that sold alcohol to an underage person; however, that would deviate from the guidelines set for progressive discipline in Resolution No. 9511. P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: Representatives from each establishment will be present. They have been notified in writing of this requirement. AT TAC H ME N T S: D escription Type A lcohol C ompliance F ailure Resolutions C over Memo RESOLUTION NO. 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 WHEREAS, Assal Petroleum, LLC. d/b/a Winner Gas/Pump and Munch(“Licensee”) holds an Off Sale 3.2 Percent Malt Liquor license from the City of Richfield; and WHEREAS, on November 3, 2021, the City of Richfield Public Safety Department conducted a compliance check of the Licensee’s establishment and during the compliance check, an employee of the Licensee, sold alcohol to an underage person; and WHEREAS, this is their first alcohol compliance check failure; and WHEREAS, the Licensee appeared before the Richfield City Council on January 25, 2022 and admitted the violation and stipulated to the penalty imposed by this resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: 1. The Licensee’s Off Sale 3.2 Percent Malt Liquor license is hereby suspended for a period of five (5) consecutive days, commencing on a date to be determined by the Public Safety Director, but to take place within 30 days after their Council appearance. 2. A civil penalty of $1,000 is hereby imposed. On or before February 25, 2022, the Licensee shall deliver a check or money order payable to the City of Richfield in the amount of $1,000. 3. Meet with the Director of Public Safety by February 25, 2022 to present a written action plan to ensure future compliance. 4. A manager must attend an alcohol compliance and sales awareness training conducted by a private firm, approved by Public Safety, with all costs paid by the establishment. Passed by the City Council of the City of Richfield this 25th day of January 2022. _________________________ Maria Regan Gonzalez, Mayor ATTEST: ________________________ Kari Sinning, City Clerk RESOLUTION NO. 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 WHEREAS, Davanni’s Inc. d/b/a Davanni’s Pizza and Hot Hoagies holds On Sale Intoxicating and Sunday Liquor license from the City of Richfield; and WHEREAS, on November 3, 2021, the City of Richfield Public Safety Department conducted a compliance check of the Licensee’s establishment and during the compliance check, an employee of the Licensee, sold alcohol to an underage person; and WHEREAS, this is their first alcohol compliance check failure; and WHEREAS, the Licensee appeared before the Richfield City Council on January 25, 2022 and admitted the violation and stipulated to the penalty imposed by this resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: 1. The Licensee’s On Sale Intoxicating and Sunday Liquor licenses are hereby suspended for a period of five (5) consecutive days, commencing on a date to be determined by the Public Safety Director, but to take place within 30 days after their Council appearance. 2. A civil penalty of $1,000 is hereby imposed. On or before February 25, 2022, the Licensee shall deliver a check or money order payable to the City of Richfield in the amount of $1,000. 3. Meet with the Director of Public Safety by February 25, 2022 to present a written action plan to ensure future compliance. 4. A manager must attend an alcohol compliance and sales awareness training conducted by a private firm, approved by Public Safety, with all costs paid by the establishment. Passed by the City Council of the City of Richfield this 25th day of January 2022. _________________________ Maria Regan Gonzalez, Mayor ATTEST: ________________________ Kari Sinning, City Clerk RESOLUTION NO. 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 WHEREAS, Fred Babcock VFW Post 5555 (“Licensee”) holds Club On Sale Intoxicating and Sunday Liquor licenses from the City of Richfield; and WHEREAS, on November 3, 2021 the City of Richfield Public Safety Department conducted a compliance check of the Licensee’s establishment and during the compliance check, an employee of the Licensee, sold alcohol to an underage person; and WHEREAS, this is their first alcohol compliance check failure; and WHEREAS, the Licensee appeared before the Richfield City Council on January 25, 2022 and admitted the violation and stipulated to the penalty imposed by this resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: 1. The Licensee’s Club On Sale Intoxicating and Sunday Liquor licenses are hereby suspended for a period of five (5) consecutive days, commencing on a date to be determined by the Public Safety Director, but to take place within 30 days after their Council appearance. 2. A civil penalty of $1,000 is hereby imposed. On or before February 25, 2022, the Licensee shall deliver a check or money order payable to the City of Richfield in the amount of $1,000. 3. Meet with the Director of Public Safety by February 25, 2022 to present a written action plan to ensure future compliance. 4. A manager must attend an alcohol compliance and sales awareness training conducted by a private firm, approved by Public Safety, with all costs paid by the establishment. Passed by the City Council of the City of Richfield this 25th day of January 2022. _________________________ Maria Regan Gonzalez, Mayor ATTEST: ________________________ Kari Sinning, City Clerk RESOLUTION NO. 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 WHEREAS, Los Sanchez Taqueria II, LLC d/b/a/ Los Sanchez Taqueria (“Licensee”) holds On Sale Intoxicating and Sunday Liquor licenses from the City of Richfield; and WHEREAS, on November 9, 2021, the City of Richfield Public Safety Department conducted a compliance check of the Licensee’s establishment and during the compliance check, an employee of the Licensee, sold alcohol to an underage person; and WHEREAS, this is their first alcohol compliance check failure; and WHEREAS, the Licensee appeared before the Richfield City Council on January 25, 2022 and admitted the violation and stipulated to the penalty imposed by this resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: 1. The Licensee’s On Sale Intoxicating and Sunday Liquor licenses are hereby suspended for a period of five (5) consecutive days, commencing on a date to be determined by the Public Safety Director, but to take place within 30 days after their Council appearance. 2. A civil penalty of $1,000 is hereby imposed. On or before February 25, 2022, the Licensee shall deliver a check or money order payable to the City of Richfield in the amount of $1,000. 3. Meet with the Director of Public Safety by February 25, 2022 to present a written action plan to ensure future compliance. 4. A manager must attend an alcohol compliance and sales awareness training conducted by a private firm, approved by Public Safety, with all costs paid by the establishment. Passed by the City Council of the City of Richfield this 25th day of January 2022. _________________________ Maria Regan Gonzalez, Mayor ATTEST: _______________________ Kari Sinning, City Clerk RESOLUTION NO. 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 WHEREAS, Lyndale Smokehouse, LLC d/b/a Lyndale Smokehouse (“Licensee”) holds On Sale Intoxicating and Sunday Liquor licenses from the City of Richfield; and WHEREAS, on November 9, 2021, the City of Richfield Public Safety Department conducted a compliance check of the Licensee’s establishment and during the compliance check, an employee of the Licensee, sold alcohol to an underage person; and WHEREAS, this is their first alcohol compliance check failure; and WHEREAS, the Licensee appeared before the Richfield City Council on January 25, 2022 and admitted the violation and stipulated to the penalty imposed by this resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: 1. The Licensee’s On Sale Intoxicating Liquor and Sunday licenses are hereby suspended for a period of five (5) consecutive days, commencing on a date to be determined by the Public Safety Director, but to take place within 30 days after their Council appearance. 2. A civil penalty of $1,000 is hereby imposed. On or before February 25, 2022, the Licensee shall deliver a check or money order payable to the City of Richfield in the amount of $1,000. 3. Meet with the Director of Public Safety by February 25, 2022 to present a written action plan to ensure future compliance. 4. A manager must attend an alcohol compliance and sales awareness training conducted by a private firm, approved by Public Safety, with all costs paid by the establishment. Passed by the City Council of the City of Richfield this 25th day of January 2022. _________________________ Maria Regan Gonzalez, Mayor ATTEST: _______________________ Kari Sinning, City Clerk RESOLUTION NO. 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 WHEREAS, My Burger Operations, LLC d/b/a My Burger (“Licensee”) holds On Sale Wine and 3.2 Percent Malt Liquor licenses from the City of Richfield; and WHEREAS, on November 3, 2021, the City of Richfield Public Safety Department conducted a compliance check of the Licensee’s establishment and during the compliance check, an employee of the Licensee, sold alcohol to an underage person; and WHEREAS, this is their first alcohol compliance check failure; and WHEREAS, the Licensee appeared before the Richfield City Council on January 25, 2022 and admitted the violation and stipulated to the penalty imposed by this resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: 1. The Licensee’s On Sale Wine and 3.2 Percent Malt Liquor licenses are hereby suspended for a period of five (5) consecutive days, commencing on a date to be determined by the Public Safety Director, but to take place within 30 days after their Council appearance. 2. A civil penalty of $1,000 is hereby imposed. On or before February 25, 2022, the Licensee shall deliver a check or money order payable to the City of Richfield in the amount of $1,000. 3. Meet with the Director of Public Safety by February 25, 2022 to present a written action plan to ensure future compliance. 4. A manager must attend an alcohol compliance and sales awareness training conducted by a private firm, approved by Public Safety, with all costs paid by the establishment. Passed by the City Council of the City of Richfield this 25th day of January 2022. _________________________ Maria Regan Gonzalez, Mayor ATTEST: ________________________ Kari Sinning, City Clerk RESOLUTION NO. 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 WHEREAS, Northern Tier Retail, LLC. d/b/a Speedway #4191 holds an Off Sale 3.2 percent Malt Liquor license from the City of Richfield; and WHEREAS, on November 3, 2021, the City of Richfield Public Safety Department conducted a compliance check of the Licensee’s establishment and during the compliance check, an employee of the Licensee, sold alcohol to an underage person; and WHEREAS, this is their first alcohol compliance check failure; and WHEREAS, the Licensee appeared before the Richfield City Council on January 25, 2022 and admitted the violation and stipulated to the penalty imposed by this resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: 1. The Licensee’s Off Sale 3.2 percent Malt Liquor license is hereby suspended for a period of five (5) consecutive days, commencing on a date to be determined by the Public Safety Director, but to take place within 30 days after their Council appearance. 2. A civil penalty of $1,000 is hereby imposed. On or before February 25, 2022, the Licensee shall deliver a check or money order payable to the City of Richfield in the amount of $1,000. 3. Meet with the Director of Public Safety by February 25, 2022 to present a written action plan to ensure future compliance. 4. A manager must attend an alcohol compliance and sales awareness training conducted by a private firm, approved by Public Safety, with all costs paid by the establishment. Passed by the City Council of the City of Richfield this 25th day of January 2022. _________________________ Maria Regan Gonzalez, Mayor ATTEST: ________________________ Kari Sinning, City Clerk RESOLUTION NO. 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 WHEREAS, Patrick’s French Bakery, Inc. d/b/a Patrick’s Bakery & Café (“Licensee”) holds On Sale Wine and 3.2 Percent Malt Liquor licenses from the City of Richfield; and WHEREAS, on November 3, 2021, the City of Richfield Public Safety Department conducted a compliance check of the Licensee’s establishment and during the compliance check, an employee of the Licensee, sold alcohol to an underage person; and WHEREAS, this is the first alcohol compliance check failure; and WHEREAS, the Licensee appeared before the Richfield City Council on January 25, 2022 and admitted the violation and stipulated to the penalty imposed by this resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: 1. The Licensee’s On Sale Wine and 3.2 Percent Malt Liquor licenses are hereby suspended for a period of five (5) consecutive days, commencing on a date to be determined by the Public Safety Director, but to take place within 30 days after their Council appearance. 2. A civil penalty of $1,000 is hereby imposed. On or before February 25, 2022, the Licensee shall deliver a check or money order payable to the City of Richfield in the amount of $1,000. 3. Meet with the Director of Public Safety by February 25, 2022 to present a written action plan to ensure future compliance. 4. A manager must attend an alcohol compliance and sales awareness training conducted by a private firm, approved by Public Safety, with all costs paid by the establishment. Passed by the City Council of the City of Richfield this 25th day of January 2022. _________________________ Maria Regan Gonzalez, Mayor ATTEST: ________________________ Kari Sinning, City Clerk RESOLUTION NO. 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 WHEREAS, Shri Hari Corp. d/b/a Portland Food Mart, (“Licensee”) holds an Off Sale 3.2 Percent Malt Liquor license from the City of Richfield; and WHEREAS, on November 3, 2021 the City of Richfield Public Safety Department conducted a compliance check of the Licensee’s establishment and during the compliance check, an employee of the Licensee, sold alcohol to an underage person; and WHEREAS, this is their first alcohol compliance check failure; and WHEREAS, the Licensee appeared before the Richfield City Council on January 25, 2022 and admitted the violation and stipulated to the penalty imposed by this resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: 1. The Licensee’s Off Sale 3.2 Percent Malt Liquor license is hereby suspended for a period of five (5) consecutive days, commencing on a date to be determined by the Public Safety Director, but to take place within 30 days after their Council appearance. 2. A civil penalty of $1,000 is hereby imposed. On or before February 25, 2022, the Licensee shall deliver a check or money order payable to the City of Richfield in the amount of $1,000. 3. Meet with the Director of Public Safety by February 25, 2022 to present a written action plan to ensure future compliance. 4. A manager must attend an alcohol compliance and sales awareness training conducted by a private firm, approved by Public Safety, with all costs paid by the establishment. Passed by the City Council of the City of Richfield this 25th day of January 2022. _________________________ Maria Regan Gonzalez, Mayor ATTEST: ________________________ Kari Sinning, City Clerk RESOLUTION NO. 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 WHEREAS, VPC Richfield Pizza, LLC d/b/a Giordano’s of Richfield (“Licensee”) holds On Sale Intoxicating and Sunday Liquor licenses from the City of Richfield; and WHEREAS, on November 3, 2021, the City of Richfield Public Safety Department conducted a compliance check of the Licensee’s establishment and during the compliance check, an employee of the Licensee, sold alcohol to an underage person; and WHEREAS, this is their first alcohol compliance check failure; and WHEREAS, the Licensee appeared before the Richfield City Council on January 25, 2022 and admitted the violation and stipulated to the penalty imposed by this resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: 1. The Licensee’s On Sale Intoxicating and Sunday Liquor licenses are hereby suspended for a period of five (5) consecutive days, commencing on a date to be determined by the Public Safety Director, but to take place within 30 days after their Council appearance. 2. A civil penalty of $1,000 is hereby imposed. On or before February 25, 2022, the Licensee shall deliver a check or money order payable to the City of Richfield in the amount of $1,000. 3. Meet with the Director of Public Safety by February 25, 2022 to present a written action plan to ensure future compliance. 4. A manager must attend an alcohol compliance and sales awareness training conducted by a private firm, approved by Public Safety, with all costs paid by the establishment. Passed by the City Council of the City of Richfield this 25th day of January 2022. _________________________ Maria Regan Gonzalez, Mayor ATTEST: ________________________ Kari Sinning, City Clerk AGENDA SECTION:OTHER BUSINESS AGENDA ITEM #7. S TAFF REPORT NO.15 CIT Y COUNCIL ME E T ING 1/25/2022 RE P O RT P RE PA RE D B Y: K elly Wynn, A dministrative A ssistant D E PA RTME NT D IRE C TO R RE V IE W: O THE R D E PA RTM E NT RE V IE W: C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager 1/19/2022 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consider the appointments to City advisory board and commissions. E X E C UT IV E S UM M ARY: Terms of several City advisory board and commission members expired on J anuary 31, 2022. I n addition, due to resignations there are mid-term vacancies that should be filled. Terms for advisory board and commissions are for three years. Please refer to the attached list of appointments for reference. The City Council directs the City Manager ’s office to conduct an annual recruitment seeking applicants to fill the vacancies. This recruitment includes a press release and information on the City’s website and social media platforms. Applicants were interviewed at work sessions held on J anuary 8, J anuary 13 and J anuary 15 of 2022. To ensure a quorum at future advisory board and commission meetings, the City Council should make appointments at the J anuary 25, 2022 City Council meeting. RE C O M M E ND E D AC T I O N: By motion: Appoint members to fill the expiring or vacant terms on City advisory board and commissions referenced in the attached list. B AS IS O F RE C O M M E ND AT I O N: A.H IS TOR IC AL C ON T E X T This information is contained in the Executive Summary. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): City advisory board and commissions were established by City ordinance or resolution. C.C R IT IC AL T IMIN G IS S U E S: Several terms of City advisory board and commission members expired on J anuary 31, 2022. To ensure a quorum at future advisory board and commission meetings, the City Council should make appointments at the J anuary 25, 2022 City Council meeting. D.F IN AN C IAL IMPAC T: None E.L E GAL C ON S ID E R AT ION: None ALTE R N AT IV E R E C O MME N D ATIO N(S): None P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: AT TAC H ME N T S: D escription Type 2022 C ommission/B oard A ppointments B ackup Material Commission/Board Commissioner Term Expires Advisory Board of Health January 31, 2023 Mid-term vacancy January 31, 2023 Mid-term vacancy January 31, 2024 Mid-term vacancy Justin Evidon January 31, 2024 Mid-term vacancy Rebecca Case January 31, 2025 Edwina Garcia January 31, 2025 Arts Commission Cole Hooey January 31, 2023 Mid-term vacancy Aric Bieganek January 31, 2025 Stephanie Jacobson January 31, 2025 Civil Service Commission Jeffrey Bruzek January 31, 2025 Community Services Commission Ben Marx January 31, 2023 Mid-term vacancy January 31, 2024 Mid-term vacancy Jessica Johnson-Kreps January 31, 2024 Mid-term vacancy Michael Devane January 31, 2025 Kevin Wendt January 31, 2025 Tessa Johanson January 31, 2025 Friendship City Commission January 31, 2023 Mid-term vacancy January 31, 2025 January 31, 2025 Human Rights Commission January 31, 2023 Mid-term vacancy January 31, 2025 January 31, 2025 Tim Garvey January 31, 2025 Adrienne Lee January 31, 2025 Planning Commission Gordon Hanson January 31, 2023 Mid-term vacancy Eddie Holmvig-Johnson January 31, 2025 Ben Surma January 31, 2025 Sustainability Commission Adam Burnside January 31, 2023 Mid-term vacancy Craig Heinen January 31, 2025 Amy Utley January 31, 2025 Santwana Dasgupta January 31, 2025 Logan Thein January 31, 2025 Transportation Commission Husniyah Bradley January 31, 2025 Louis Dzierzak January 31, 2025 Jim Mahoney January 31, 2025 AGENDA SECTION:OTHER BUSINESS AGENDA ITEM #8. STAFF RE P ORT NO. 16 CIT Y COUNCIL ME E T ING 1/25/2022 RE P O RT P RE PA RE D B Y: K elly Wynn, A dministrative A ssistant D E PA RTME NT D IRE C TO R RE V IE W: O THE R D E PA RTM E NT RE V IE W: N/A C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager 1/19/2022 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consider representatives to serve as the 2022 liaisons to various local, regional and state organizations, and City boards and commissions. E X E C UT IV E S UM M ARY: Members of the City Council serve as the City’s representatives on various local, regional and state organizations, and City boards and commissions. Each year, the City Council appoints these representatives. RE C O M M E ND E D AC T I O N: By motion: Designate City Council liaison appointments to various local, regional and state organizations, and City boards and commissions. B AS IS O F RE C O M M E ND AT I O N: A.H IS TOR IC AL C ON T E X T This information is contained in the Executive Summary. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): The City Council considers the designation of liaisons at the second meeting in J anuary of each year. C.C R IT IC AL T IMIN G IS S U E S: Representation on local, regional and state organizations, and City boards and commissions is a City Goal and designations should be made at the second meeting of the year. D.F IN AN C IAL IMPAC T: None E.L E GAL C ON S ID E R AT ION: None ALTE R N AT IV E R E C O MME N D ATIO N(S): The City Council may defer the designations to a future City Council meeting. P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: N/A AT TAC H ME N T S: D escription Type 2022 C ouncil L iaisons B ackup Material 01/19/22 AGENCY 2021 LIAISON/ REPRESENTATIVE 2022 LIAISON/ REPRESENTATIVE METRO CITIES SEAN HAYFORD OLEARY, REP. ALL COUNCILMEMBERS SIMON TRAUTMANN, ALT. LEAGUE OF MINNESOTA CITIES SIMON TRAUTMANN, LIA. ALL COUNCILMEMBERS SEAN HAYFORD OLEARY, ALT. NOISE OVERSIGHT COMMITTEE PAM DMYTRENKO, REP. RYAN KRZOS, REP. BEN WHALEN, ALT. BEN WHALEN, ALT. I-35W SOLUTIONS ALLIANCE SEAN HAYFORD OLEARY, REP. SEAN HAYFORD OLEARY, REP. MARIA REGAN GONZALEZ, ALT. MARIA REGAN GONZALEZ, ALT. JOE POWERS, STAFF LIA. JOE POWERS, STAFF LIA. 494 CORRIDOR COMMISSION SIMON TRAUTMANN, REP. MARY SUPPLE, REP. SEAN HAYFORD OLEARY, ALT. SIMON TRAUTMANN, ALT. JACK BROZ, STAFF LIA. BEN MANIBOG, STAFF LIA. RICHFIELD SCHOOL DISTRICT MARIA REGAN GONZALEZ, LIA. MARIA REGAN GONZALEZ, LIA. MARY SUPPLE, ALT. MARY SUPPLE, ALT. FOWL BOARD SIMON TRAUTMANN, LIA. SIMON TRAUTMANN, LIA. BEN WHALEN, ALT. BEN WHALEN, ALT. SOUTHWEST CABLE COMMISSION MARIA REGAN GONZALEZ, REP. MARIA REGAN GONZALEZ, REP. KATIE RODRIGUEZ, REP. KATIE RODRIGUEZ, REP. SEAN HAYFORD OLEARY, ALT. SEAN HAYFORD OLEARY, ALT. RICHFIELD COMMUNITY HUMAN MARY SUPPLE, REP. BEN WHALEN, REP. SERVICES PLANNING COUNCIL MARIA REGAN GONZALEZ, ALT. MARY SUPPLE, ALT. ADVISORY BOARD OF HEALTH MARIA REGAN GONZALEZ, LIA. MARY SUPPLE, ALT. MARIA REGAN GONZALEZ, LIA. MARY SUPPLE, ALT. ARTS COMMISSION MARY SUPPLE, LIA. MARY SUPPLE, LIA. SIMON TRAUTMANN, ALT. SIMON TRAUTMANN, ALT. CIVIL SERVICE COMMISSION MARIA REGAN GONZALEZ, LIA. KELLY WYNN, STAFF LIA. SIMON TRAUTMANN, LIA. KELLY WYNN, STAFF LIA. COMM. SERVICES COMMISSION BEN WHALEN, LIA. BEN WHALEN, LIA. SEAN HAYFORD OLEARY, ALT. MARY SUPPLE, ALT. FRIENDSHIP CITY COMMISSION MARY SUPPLE, LIA. MARY SUPPLE, LIA. SIMON TRAUTMANN, ALT. SIMON TRAUTMANN, ALT. HUMAN RIGHTS COMMISSION MARY SUPPLE, LIA. SIMON TRAUTMANN, LIA. SIMON TRAUTMANN, ALT. SEAN HAYFORD OLEARY, ALT. PLANNING COMMISSION SIMON TRAUTMANN, LIA. MARIA REGAN GONZALEZ, LIA. MARIA REGAN GONZALEZ, ALT. SIMON TRAUTMANN, ALT. 01/19/22 AGENCY 2021 LIAISON/ REPRESENTATIVE 2022 LIAISON / REPRESENTATIVE TRANSPORTATION COMMISSION SEAN HAYFORD OLEARY, LIA. SIMON TRAUTMANN, ALT. SEAN HAYFORD OLEARY, LIA. SIMON TRAUTMANN, ALT. RICHFIELD HISTORICAL SOCIETY MARY SUPPLE, REP. MARY SUPPLE, REP. BEN WHALEN, ALT. BEN WHALEN, ALT. BEYOND THE YELLOW RIBBON MARIA REGAN GONZALEZ, REP. SIMON TRAUTMANN, ALT. MARIA REGAN GONZALEZ, REP. SIMON TRAUTMANN, ALT. SUSTAINABILITY COMMISSION BEN WHALEN, LIA. SIMON TRAUTMANN, ALT. BEN WHALEN, LIA. SIMON TRAUTMANN, ALT.