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2025-01-28 Regular Council MeetingCALL TO ORDER The meeting was called to order by Mayor Supple at 7:00 p.m. in the Council Chambers. Councilmembers Present: Mary Supple, Mayor; Sharon Christensen; Walter Burk; Sean Hayford Oleary; and Rori A. Coleman-Woods. Staff Present: Katie Rodriguez, City Manager; Mary Tietjen, City Attorney; Melissa Pohlman, Community Development Director, Kristin Asher, Public Works Director; Public Safety Support Services Manager Jennifer Anderson; and Michelle Friedrich, City Clerk. Others Present: PLEDGE OF ALLEGIANCE Mayor Supple led the Pledge of Allegiance. OPEN FORUM Mayor Supple reviewed the participation options for residents at the Council meeting including in- person comments, comments by voicemail or email, and an option to request to participate virtually with advance notice. Mayor Supple noted more information on submitting comments can be reviewed at www.richfieldmn.gov/citycouncil. Scott Dahlquist, 6913 11th Ave South, discussed issues related to the Concierge living situation. He noted the legal processes and protocols were followed correctly, but opined the situation was not just. Mr. Dahlquist requested the Council approve a Memorandum of Understanding supporting a request for financial assistance for the 4d tax status. Kathleen Balaban, 6526 Stevens Avenue South, requested Council and the Charter Commission to collaborate on updates and review their responsibilities as set forth in the City Code and Charter. Ms. Balaban opined on the Charter Commission meeting length, Charter Commission bylaws, and administrative code updates. Rodney Sather, 6321 Thomas Avenue South, complimented the Council and staff for their work in the earlier Work Session meeting regarding information presented on short-term rental units.. CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Council Meeting January 28, 2025 City Council Meeting Minutes -2- January 28, 2025 Melissa Melnick Gonzalez, Pastor, noted her support for the 4d tax classification for Hempel Real Estate. She added the importance of keeping and maintaining affordable housing in Richfield. David Snyder, 513 70th Street West, noted his support for negotiating/granting 4d tax status regarding Hempel Real Estate and the three properties. Margaret Perez, 7228 Girard Avenue South, commented on the turnover and challenges families face in obtaining affordable housing. Ms. Perez opined on the preservation of affordable housing, utilizing Richfield’s existing, affordable housing, and supports the 4d tax status to the Hempel Real Estate properties. APPROVAL OF MINUTES MOTION: made by Councilmember Christensen, seconded by Councilmember Burk to approve the minutes of the: (1) City Council Special Meeting from January 7, 2025, (2) City Council Work Session Meeting from January 7, 2025, (3) City Council Work Session Meeting from January 14, 2025, (4) City Council Regular Meeting from January 14, 2025. Motion carried: 5-0 ITEM #1 CONGRESSWOMAN OMAR BRIEFING Mayor Supple invited Congresswoman Omar to give the Council a briefing. Congresswoman Omar congratulated Councilmembers Coleman-Woods and Burk for their election win. Congresswoman Omar shared the activities her office has participated with in Richfield over the past year and updated Council on the issues Congress is prioritizing. Councilmember Hayford Oleary noted he appreciates Congresswoman Omar’s presence in Richfield and her involvement in community events and issues. Councilmember Coleman-Woods thanked Congresswoman Omar for her attendance. ITEM #2 APPROVAL OF THE AGENDA MOTION: made by Councilmember Hayford Oleary, seconded by Councilmember Coleman-Woods to approve the Agenda as presented. Motion carried: 5-0 ITEM #3 CONSENT CALENDAR City Manager Rodriguez presented the consent calendar. City Council Meeting Minutes -3- January 28, 2025 A. Consider the approval of a first reading of an ordinance amendment pertaining to City Code Section 925.01 - Public Nuisances Subd. 2.(Staff Report No. 15) B. Consider authorizing the purchase of two Olympia Millenium E ice resurfacers for $250,000 in budget year 2025 and $89,626 in budget year 2026, totaling $339,626, from CTM Services, Inc., and authorize the City Manager to approve contract changes up to $175,000 without further City Council consideration (Staff Report No. 16) C. Consider authorizing the purchase of a Pierce Enforcer PUC Fire Pumper for $400,000.00 in budget year 2025 and $302,095.67 in budget years 2026, 2027, and 2028, totaling $1,306,287.00, from MacQueen Emergency Group, and authorizing the City Manager to approve contract changes up to $175,000.00 without further City Council consideration. (Staff Report No. 17) MOTION: made by Councilmember Hayford Oleary, seconded by Councilmember Christensen to approve the consent calendar items 3A-C. Motion carried: 5-0 ITEM #4 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR None. ITEM #5 CONSIDER A SECOND READING AND SUMMARY PUBLICATION OF AN ORDINANCE AMENDMENT REGARDING DRIVE-THROUGH SIGNS (STAFF REPORT NO. 18) Councilmember Burk presented the second reading of ordinance amendment regarding drive- through signs. Councilmember Hayford Oleary noted he was happy with where the discussion landed. He discussed the lack of clarity over if you have a menu board sign and you later would like to add a freestanding sign, would that be prohibited? Community Development Director Poehlman noted that there are specifications regarding his question in the full ordinance. MOTION: made by Councilmember Burk, seconded by Councilmember Hayford Oleary to approve the second reading of an ordinance amending the Richfield Zoning Code regulations related to drive-through signs and adopt resolution approving summary publication. BILL NO. 2025-02 AN ORDINANCE AMENDING THE RICHFIELD ZONING CODE REGULATIONS RELATED TO DRIVE-THROUGH SIGNS RESOLUTION NO. 12297 RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE REGARDING DRIVE-THROUGH SIGNS City Council Meeting Minutes -4- January 28, 2025 Motion carried: 5-0 ITEM #6 CONSIDERATION OF A RESOLUTION SUPPORTING A 4D TAX CLASSIFICATION FOR HEMPEL REAL ESTATE RELATING TO THE ACQUISITION AND PRESERVATION OF THREE AFFORDABLE RENTAL COMMUNITIES (STAFF REPORT NO. 19) Councilmember Coleman-Woods presented a resolution supporting a 4d tax classification for Hempel Real Estate relating to the acquisition and preservation of three affordable rental communities. Councilmember Hayford Oleary noted the tax burden shift is tough to accept, but the immediate benefit is worth it. Councilmember Burk added his support for the 4D tax classification. Councilmember Coleman-Woods noted the tax burden may be heavy for some, but she does support the decision. Councilmember Christensen discussed her support for the 4d tax classification. Mayor Supple added that she believes that the benefits outweigh the trade-offs. She noted that this is not setting a precedent. MOTION: made by Councilmember Coleman-Woods, seconded by Councilmember Hayford Oleary to adopt a resolution supporting a 4d tax classification for Hemple Real Estate relating to the acquisition and preservation of three affordable rental communities. RESOLUTION NO. 12298 RESOLUTION AUTHORIZING THE USE OF 4d TAX CLASSIFICATION FOR RENTAL PROPERTIES LOCATED AT 50 WEST 78TH STREET, 1300-1324 EAST 78TH STREET AND 7500-7544 CEDAR AVENUE BY HEMPEL HOLDINGS, LLC, OR A SUBSIDIARY THEREOF Motion carried: 5-0 ITEM #7 VIOLATION HEARING AND CONSIDER A RESOLUTION REGARDING CIVIL ENFORCEMENT FOR ESTABLISHMENTS THAT RECENTLY UNDERWENT ALCOHOL COMPLIANCE CHECKS CONDUCTED BY RICHFIELD PUBLIC SAFETY STAFF, AND FAILED BY SELLING ALCOHOL TO A PERSON UNDER THE AGE OF 21. (STAFF REPORT NO. 20) Councilmember Hayford Oleary noted the violation hearing and instructed representatives from each business of the hearing process. Councilmember Hayford Oleary presented three resolutions at the violation hearing regarding civil enforcement for alcohol compliance check failures on November 14, 2024, by public safety staff, for three separate establishments, and noted penalties and fines imposed for first-time alcohol compliance failure. City Council Meeting Minutes -5- January 28, 2025 A representative from Joy’s Pattaya Thai was absent from the meeting. Public Safety Support Services Manager Anderson noted Joy’s Pattaya Thai was contacted regarding the failed compliance check and was invited to attend the meeting tonight, if they wished to contest the failed compliance check. Based on Joy’s Pattaya Thai’s acceptance of non-compliance in communication with Public Safety staff, City Attorney Tietjen recommended Council adopt the resolution for Joy’s Pattaya Thai suspending their liquor license and imposing a first-time alcohol compliance failure. A representative from Davanni’s Inc., confirmed the non-compliance allegation and accepted the penalties. Joe Spencer, District Manager from My Burger Inc., confirmed the non-compliance allegation and accepted the penalties. MOTION: made by Councilmember Hayford Oleary, seconded by Councilmember Coleman-Woods to adopt a resolution suspending the liquor license for Joy’s Pattaya Thai restaurant, LLC Joy’s Pattaya Thai d/b/a, 7545 Lyndale Avenue South, and imposing a civil penalty for first-time alcohol compliance failure. RESOLUTION NO.12299 RESOLUTION SUSPENDING THE LIQUOR LICENSE FOR JOY’S PATTAYA THAI RESTAURANT, LLC d/b/a JOY’S PATTAYA THAI, 7545 LYNDALE AVENUE SOUTH AND IMPOSING A CIVIL PENALTY FOR FIRST TIME ALCOHOL COMPLIANCE FAILURE Motion carried: 5-0 MOTION: made by Councilmember Hayford Oleary, seconded by Councilmember Coleman-Woods to adopt a resolution suspending the liquor license for Davanni’s Inc. Davanni’s Pizza and Hot Hoagie’s d/b/a, 6345 Penn Avenue South and imposing a civil penalty for first-time alcohol compliance failure. RESOLUTION NO. 12300 RESOLUTION SUSPENDING THE LIQUOR LICENSE FOR DAVANNI’S INC. d/b/a DAVANNI’S PIZZA AND HOT HOAGIE’S, 6345 PENN AVENUE SOUTH AND IMPOSING A CIVIL PENALTY FOR FIRST TIME ALCOHOL COMPLIANCE FAILURE Motion carried: 5-0 MOTION: made by Councilmember Hayford Oleary, seconded by Councilmember Coleman-Woods to adopt a resolution suspending the liquor license for My Burger Operations, LLC d/b/a My Burger, 6555 Lyndale Avenue South and imposing a civil penalty for first-time alcohol compliance failure. RESOLUTION NO. 12301 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 Motion carried: 5-0 ITEM #8 CONSIDER APPOINTMENT TO FILL A VACANCY ON THE SUSTAINABILITY COMMISSION (STAFF REPORT NO. 21) City Council Meeting Minutes -6- January 28, 2025 Councilmember Christensen presented the staff report for consideration to fill a vacant position on the Sustainability Commission. MOTION: made by Councilmember Christensen, seconded by Councilmember Hayford Oleary to appoint Alexa Wozniak to fill the vacancy on the Sustainability Commission commencing on January 28, 2025 and expiring January 31, 2026. Motion carried: 5-0 ITEM #9 CITY MANAGER’S REPORT City Manager Rodriguez shared information regarding additional information about the recent order from the Trump administration pausing grants and loans, and impacts to potential local funding. ITEM #10 CLAIMS AND PAYROLL MOTION: made by Councilmember Hayford Oleary, seconded by Councilmember Christensen to approve the following claims and payrolls: U.S. BANK 01/17/2025 Payroll: 193949 – 194269; 44121-44124* manual checks $ 1,214,496.77 U.S. BANK 01/24/2025 A/P Checks: 334005 – 334310 (12/31/24-1/23/25) $ 999,126.58 TOTAL $ 2,213,623.35 Motion carried: 5-0 ITEM #11 HATS OFF TO HOMETOWN HITS Councilmember Coleman-Woods noted she has nothing to share. Councilmember Christensen noted the Woodlake Nature Center staff, for keeping up with the different camps throughout construction. She urged families to sign up their kids for the camps. Councilmember Hayford Oleary thanked the residents of Lake Side Condos for their collaboration with him. Councilmember Burk noted he has nothing to share. Mayor Supple expressed appreciation to the many volunteers at the farewell event held at the Wood Lake Nature Center. Mayor Supple recognized Tynika Smith for her volunteer work with organizing donations and helping provide food, blankets, and warm clothing to people who were unsheltered. City Council Meeting Minutes -7-January 28, 2025 ITEM #12 ADJOURNMENT MOTION: made by Councilmember Hayford Oleary, seconded by Councilmember Burk to adjourn the meeting at 8:13 p.m. Motion carried: 5-0 Date Approved: February 11, 2025 Mary Supple Mayor Michelle Friedrich Katie Rodriguez City Clerk City Manager