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06-11-2024 Regular CALL TO ORDER The meeting was called to order by Mayor Supple at 7:00 p.m. in the Council Chambers. Council Members Present: Mary Supple, Mayor; Sharon Christensen; Simon Trautmann; Sean Hayford Oleary; and Ben Whalen Staff Present: Katie Rodriguez, City Manager; Jennifer Anderson, Health Administrator; Mary Tietjen, City Attorney; Melissa Poehlman, Community Development Director; Jay Henthorne, Public Safety Director/Police Chief; and Kelly Wynn, Administrative Assistant PLEDGE OF ALLEGIANCE Mayor Supple led the Pledge of Allegiance. Mayor Supple requested a moment of silence to honor the life and service of Officer Jamal Mitchell of Minneapolis who lost his life in the line of duty. OPEN FORUM Mayor Supple reviewed the options to participate: • Participate live by calling 1-415-655-0001 during the open forum portion • Call prior to meeting 612-861-9711 • Email prior to meeting kwynn@richfieldmn.gov There were no participants. APPROVAL OF MINUTES Mayor Supple read a statement clarifying one of the agenda items passed at the last meeting with respect to a construction agreement with the Minnesota Department of Transportation to construct a noise wall along Highway 62, noting the wall would begin at Xerxes Avenue with the ending point between Russell Avenue and Penn Avenue. The specific terminus is .08 miles west of Penn Avenue S. M/Whalen, S/Trautmann to approve the minutes of the: (1) City Council Meeting May 28, 2024. CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Council Meeting June 11, 2024 City Council Meeting Minutes -2- June 11, 2024 Motion carried: 5-0 APPROVAL OF THE AGENDA M/Whalen, S/Christensen to approve the Agenda. Motion carried: 5-0 ITEM #1 PROCLAMATION CELEBRATING JUNETEENTH Mayor Supple invited Dr. Joyce Marrie to accept the proclamation and read aloud the proclamation. Dr. Joyce Marrie thanked the city and the government officials for awarding this proclamation. ITEM #2 PRESENTATION OF FOOD SAFETY AWARDS Administrator Anderson awarded the 2023 full-service restaurant award to Broadway Pizza. She awarded the 2023 fast food, pizza carry out award to Taco Bell. She thanked the businesses for their commitment to food safety. ITEM #3 CONSENT CALENDAR City Manager Rodriguez presented the consent calendar. A. Consider approval of a Temporary on Sale Intoxicating Liquor License for an event scheduled to take place July 6, 2024, at Fred Babcock VFW #5555, located at 6715 Lakeshore Dr (Staff Report No. 75) B. Consider the approval of a resolution for reimbursement of certain expenditures from the proceeds of street reconstruction bonds and utility bonds to be issued by the City for the Nicollet Avenue (CSAH 52) Reconstruction Project. (Staff Report No. 76) RESOLUTION NO. 12212 RESOLUTION DECLARING THE OFFICIAL INTENT OF THE CITY OF RICHFIELD REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY WITH RESPECT TO THE NICOLLET AVENUE RECONSTRUCTION PROJECT C. Consider adoption of a resolution modifying a Health Care Savings Plan for International Association of Firefighters (IAF), Local 1215 bargaining unit employees (Staff Report No. 77) City Council Meeting Minutes -3- June 11, 2024 RESOLUTION NO. 12213 RESOLUTION AMENDING POST EMPLOYMENT HEALTH CARE SAVINGS PLAN FOR FIRE EMPLOYEES (IAF 1215) M/Hayford Oleary, S/Trautmann to approve the consent calendar. Motion carried: 5-0 ITEM #5 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR None. ITEM #6 CONSIDER THE APPROVAL OF THE SECOND READING OF AN ORDINANCE AMENDING SECTION 925.02 RELATING TO THE REGULATION OF VACANT BUILDINGS. (STAFF REPORT NO. 78) Trautmann presented Staff Report 78. M/Trautmann, S/Hayford Oleary to approve the second reading of an ordinance amending Section 925.02 of the Richfield City Code relating to regulation of vacant buildings and required maintenance of grass and weeds on vacant properties, as well as a resolution and summary publication of said ordinance. BILL NO. 2024-06 AN ORDINANCE AMENDING SUBSECTION 925.02 OF THE RICHFIELD CODE OF ORDINANCES RLEATING TO REGULATION OF VACANT BUILDINGS RESOLUTION NO. 12214 RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDING CHAPTER 9 OF THE CITY CODE SUMMARY PUBLICATION BILL NO. 2024-02 AN ORDINANCE AMENDING CHAPTER 9, SECTION 925 OF THE CITY CODE Council Member Hayford Oleary thanked City staff for their quick response on this. Motion carried: 5-0 ITEM #7 CONSIDER A RESOLUTION AMENDING THE APPROVED PLANNED UNIT DEVELOPMENT/FINAL DEVELOPMENT PLAN AND AUTHORIZING EXECUTION OF THE PROPOSED AMENDMENT TO THE PARKING AGREEMENT WITH PARTNERSHIP ACADEMY AT 6500 NICOLLET AVENUE. (STAFF REPORT NO. 79) City Council Meeting Minutes -4- June 11, 2024 Hayford Oleary presented Staff Report 79. M/Hayford Oleary, S/Whalen to approve the resolution amending the approved Planned Unit Development/Final Development Plan and authorizing execution of the proposed amendment to the Parking Agreement at 6500 Nicollet Avenue. RESOLUTION NO. 12215 RESOLUTION APPROVING AN AMENDMENT TO THE PARKING AGREEMENT ASSOCIATED WITH THE CONSTRUCTION OF A BUILDING ADDITION FOR PARTNERSHIP ACADEMY AT 6500 NICOLLET AVENUE SOUTH Council Member Trautmann stated he was pleased to support this motion and he liked the idea of not holding a devastating penalty over a school’s head. He asked if there were any tools available if they needed to enforce the agreement. Director Poehlman explained the penalty remained in the agreement and if it were to be waived again, it would need to be approved by the Council. Council Member Hayford Oleary noted he appreciated the recommendation. He asked if it was deliberate that the Planning Commission recommended five years rather than the 10 years as requested by the applicant. Director Poehlman responded the Planning Commission had changed the time period. Council Member Hayford Oleary questioned the procedure of annual renewal. Director Poehlman explained why they were requiring an annual renewal. M/Supple, S/Trautmann to amend the motion adding item number three to the resolution to say the penalty for non-compliance by April 12, 2024, shall be waived. Council Member Hayford Oleary noted staff recommended prorating a two-month delinquency period. He asked what are the thoughts on that versus waiving it. Mayor Supple explained she had spoken with the Planning Commission members and obtained their thoughts on this and she had also spoken with Director Poehlman for the staff’s intent, so she thought it should be clarified. Council Member Hayford Oleary indicated he did not want the City’s penalties to not mean anything, but he was also not in favor of a penalty for parking in general. He asked if they had been working with staff prior to the deadline passing. Director Poehlman acknowledged they had reached out to staff prior to the deadline. Amended Motion carried: 5-0. Council Member Trautmann noted if they were able to waive any fees if they were moving in the direction that the law required he was in favor of this, but he also wanted to make sure they had an enforcement tool. He did not think the goal should be punitive. Director Poehlman noted there was a mechanism to make sure they would not be charged a fee. Council Member Hayford Oleary stated he would be voting in support of this as amended and he appreciated the Planning Commission’s solution about the demolishing of an existing commercial building. Mayor Supple stated she would be voting in favor, but she was concerned because it was not ideal if students and teachers had to carry their bags and books 4 to 5 blocks to get to the school and she hoped this got resolved in a manner that worked for everyone. Original motion as amended carried: 5-0 City Council Meeting Minutes -5- June 11, 2024 ITEM #8 CITY MANAGER’S REPORT City Manager Rodriguez stated she had no report. ITEM #9 CLAIMS AND PAYROLL M/Trautmann, S/Whalen that the following claims and payrolls be approved: U.S. BANK 06/07/2024 A/P Checks: 328827-392109 $1,078,818.70 Payroll: 187716-188029 43919-43923 $1,018,227.72 TOTAL $2,097,046.42 Motion carried: 5-0 ITEM #10 HATS OFF TO HOMETOWN HITS Council Member Whalen thanked everyone who had a role in the State of the Community event. Council Member Christensen gave hats off to the Richfield Arts Commission noting they had many different types of projects for both youth and adults. She noted they would be doing a seed bomb event at the Richfield Farmer’s Market this Saturday. Council Member Hayford Oleary thanked Public Works for their work on the 25 mph speed limit signs. Council Member Trautmann gave hats off to the Public Works team who have the public pool up and running. Mayor Supple gave hats off to the Police Department for their coverage during the memorial service. She gave hats off to the 2024 graduates. She thanked everyone who made the State of the Community event possible. ITEM #11 CLOSED EXECUTIVE SESSION REGARDING THE CITY MANAGER’S ANNUAL PERFORMANCE EVALUATION. COUNCIL WILL MOVE TO THE BABCOCK ROOM FOR THE CLOSED SESSION PORTION OF THE MEETING (STAFF REPORT NO. 80) Mayor Supple noted the Council would now be going into a closed session to discuss the City Manager’s performance valuation. M/Christensen, S/Trautmann to recess the meeting to enter and hold a closed meeting for the purpose of conducting a performance evaluation of City Manager Katie Rodriguez, pursuant to Minnesota Statutes Section 13D.05, subd. 3(a). Motion carried: 5-0 City Council Meeting Minutes -6-June 11, 2024 ITEM #12 ADJOURNMENT Mayor Supple noted the Council conducted a closed session for a performance valuation of the City Manager and will hold another closed performance valuation meeting on June 18. As required by law the Council will provide a summary of the performance evaluation at its next regular Council meeting on June 25, 2024. M/Trautmann, S/Hayford Oleary to adjourn the meeting at 8:42 p.m. Motion carried: 5-0 Date Approved: June 25, 2024 Mary B. Supple Mayor Kelly Wynn Katie Rodriguez Administrative Assistant City Manager