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10-08-2024 Regular Council Meeting 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; Mary Tietjen, City Attorney; Joe Powers, City Engineer; Matt Hardegger, City Transportation Engineer; Rachel Lindholm, Sustainability Coordinator; Jennifer Anderson, Support Services Manager; and Michelle Friedrich, City Clerk. Others Present: Community Services Commission Chair, Tessa Johanson PLEDGE OF ALLEGIANCE Mayor Supple led the Pledge of Allegiance. 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 M/Hayford Oleary, S/Christensen to approve the minutes of the: (1) City Council Work Session of September 24, 2024; (2) Regular City Council Meeting of September 24, 2024. Motion carried: 5-0 CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Council Meeting October 8, 2024 CALL TO ORDER City Council Meeting Minutes -2- October 8, 2024 Mayor Supple invited Madeline Vukson to accept the proclamation and read aloud the proclamation. Commissioner Vukson thanked the Council. ITEM #2 APPROVAL OF AGENDA M/Whalen, S/Trautmann to approve the agenda. Motion carried: 5-0 ITEM #3 CONSENT CALENDAR City Manager Rodriguez presented the consent calendar. A. Consider the first reading of an ordinance amending City Code Section 427—Wetland Protection—to add new buffer requirements compliant with the Minnehaha Creek Watershed District (MCWD) Wetland Protection Rule and clarify the decision-making and appeals process for Wetland Conservation Act decisions. (Staff Report No. 134) BILL NO. 2024-10 AN ORDINANCE AMENDING CHAPTER IV OF THE RICHFIELD CODE OF ORDINANCES PERTAINING TO WETLAND PROTECTION B. Consider approval for a Temporary On-Sale Intoxicating Liquor license for the Blessed Trinity Catholic School, located at St. Richard's Catholic Church, 7540 Penn Avenue South, for their Annual Gala taking place December 7, 2024. (Staff Report No. 135) C. Consider the first reading of an ordinance amending City Code sections 428, 429 and 620 pertaining to erosion and sedimentation control, water resource management and well drilling. (Staff Report No. 136) BILL NO. 2024-11 AN ORDINANCE AMENDING CHAPTERS IV - VI OF THE RICHFIELD CODE OF ORDINANCES PERTAINING TO EROSION AND SEDIMENTATION CONTROL, WATER RESOURCE MANAGEMENT AND WELL DRILLING D. Consider the adoption of a resolution authorizing acceptance of Office of Traffic Safety (OTS) funds for an extension on an original four-year grant to fully fund an officer dedicated to DWI enforcement in Richfield. (Staff Report No. 137) RESOLUTION NO. 12250 RESOLUTION AUTHORIZING THE DEPARTMENT OF PUBLIC SAFETY/POLICE TO ACCEPT GRANT MONIES FROM THE OFFICE OF TRAFFIC SAFETY IN THE AMOUNT OF $141,643.10 ITEM #1 PROCLAMATION CELEBRATING INDIGENOUS PEOPLES DAY City Council Meeting Minutes -3- October 8, 2024 OR A LESSER AMOUNT, AS AWARDED BY THE DEPARTMENT OF PUBLIC SAFETY, TO FUND A POLICE OFFICER DEDICATED TO DWI ENFORCEMENT. E. Consider the adoption of a resolution to accept a grant of $5,509.36 from the Office of Justice Programs for bulletproof vests. (Staff Report No. 138) RESOLUTION NO. 12251 RESOLUTION APPROVING THE GRANT WITH THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS AND RICHFIELD POLICE FOR BULLETPROOF VESTS F. Consider adoption of a resolution accepting grant funds from the State of Minnesota to prepare a federal grant application and execute Agreement No. 1057886 with the Minnesota Department of Transportation (MnDOT) for fund dispersal. (Staff Report No. 139) RESOLUTION NO. 12252 AUTHORIZING EXECUTION OF MNDOT AGREEMENT #1057886 SETTING GRANT TERMS AND CONDITIONS FOR THE DISBURSEMENT OF STATE IIJA TECHNICAL ASSISTANCE FUNDING FOR SAP 157-589-001 RESOLUTION NO. 12253 AUTHORIZING EXECUTION OF MNDOT AGREEMENT #1057886 SETTING GRANT TERMS AND CONDITIONS FOR THE DISBURSEMENT OF STATE IIJA TECHNICAL ASSISTANCE FUNDING FOR SAP 157-589-001 G. Consider a first reading of an ordinance amendment establishing zoning regulations for cannabis businesses. (Staff Report No. 140) BILL NO. 2024-12 AN ORDINANCE AMENDMENT MODIFYING VARIOUS SECTIONS OF THE ZONING CODE IN RELATION TO BREWERIES AND CANNABIS H. Consider approval of a bid tabulation and award a contract to Ron Kassa Construction, Inc. for the 2024 Citywide Concrete Project in the amount of $107,780, and authorize the City Manager to approve contract changes under $175,000 without further City Council consideration. (Staff Report No. 141) I. Consider approval of an amendment to the contract with HGA Architects for the Wood Lake Nature Center Building Project in the amount of $181,500 to provide additional professional services, clarify basic architectural service details and authorize the Mayor and City Manager to execute the amendment. (Staff Report No. 142) M/Whalen, S/Trautmann to approve the consent calendar. Mayor Supple thanked everyone who worked on putting together the consent calendar. Motion carried: 5-0 ITEM #4 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR None. City Council Meeting Minutes -4- October 8, 2024 ITEM #5 PUBLIC HEARING AND CONSIDER A RESOLUTION ADOPTING THE PROPOSED ASSESSMENT FOR UNPAID GARBAGE COLLECTION SERVICES FROM PRIVATE PROPERTY WITHIN THE RESIDENTIAL ORGANIZED COLLECTION SYSTEM FROM JULY 1, 2023 TO JUNE 31, 2024 (STAFF REPORT NO. 143) Council Member Hayford Oleary presented Staff Report 143 and opened the public hearing. M/Hayford Oleary, S/Whalen to close the public hearing. Motion carried:5-0 M/Hayford Oleary, S/Whalen to adopt the proposed assessment for unpaid garbage collection services from private property within the residential organized collection system from July 1, 2023, to June 31, 2024. RESOLUTION NO. 12254 RESOLUTION ADOPTING ASSESSMENT FOR UNPAID GARBAGE COLLECTION SERVICE FROM JULY 1, 2023 TO JUNE 31, 2024 Motion carried: 5-0 ITEM #6 CONDUCT AND CLOSE A PUBLIC HEARING AND BY MOTION: ADOPT A RESOLUTION FOR SPECIAL ASSESSMENTS FOR REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY FOR WORK FROM JANUARY 1, 2023, THROUGH DECEMBER 31, 2023 (STAFF REPORT NO. 144) Council Member Christensen presented Staff Report 144 and opened the public hearing. M/Christensen, S/Trautmann to close the public hearing. Motion carried:5-0 Council Member Whalen noted that if some people are not able to pay for the removal of a dead tree, the City can spread out the cost of the removal over their property taxes. M/Christensen, S/Hayford Oleary to adopt a resolution for special assessments for removal of dead trees from private property for work from January 1, 2023, through December 31, 2023. RESOLUTION NO. 12255 RESOLUTION ADOPTING ASSESSMENT FOR THE REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY FOR WORK ORDERED FROM JANUARY 1, 2023 THROUGH DECEMBER 31, 2023 Motion carried: 5-0 City Council Meeting Minutes -5- October 8, 2024 ITEM #7 HOLD A PUBLIC HEARING AND CONSIDER: 1. A RESOLUTION ADOPTING THE ASSESSMENT ON THE ILN PROJECT AREA $81,615.59 IN COSTS INCURRED TO MAINTAIN THE AREA FOR 2023. 2. A RESOLUTION ORDERING THE UNDERTAKING OF THE CURRENT SERVICE PROJECT WITHIN THE ILN PROJECT AREA FOR 2025. (STAFF REPORT NO. 145) Council Member Trautmann presented Staff Report 145 and opened the public hearing. Patricia Erikson discussed that the improvement does not benefit her business and asked if her two properties can be removed from this area for special assessment. M/Trautmann, S/Hayford Oleary to close the public hearing. Motion carried:5-0 Council Member Whalen asked if the ash trees are the reason for the raised costs. Staff noted there are a number of reasons for the raised cost and clarified the ash trees are one of those reasons. Council Member Trautmann asked if this is the only business district that has these kinds of assessments. Staff noted the specific business district is the only business district with an assessment right now. Council Member Trautmann asked if there are mechanisms available to finance or space out these payments for business owners. Staff stated there are no available finance mechanisms at this time. Council Member Trautmann addressed the business owner and stated he hoped the questions were answered. M/Whalen, S/Hayford Oleary to adopt a resolution adopting the assessment on the ILN project area $81,615.59 in costs incurred to maintain the area for 2023 and adopt a resolution ordering the undertaking of the current service project within the ILN project area for 2025. RESOLUTION NO. 12256 RESOLUTION ADOPTING ASSESSMENT ON INTERSTATE-LYNDALE-NICOLLET (ILN) PROJECT AREA MAINTENANCE FOR THE PERIOD JANUARY 1, 2023 TO DECEMBER 31, 2023 RESOLUTION NO. 12256 RESOLUTION ORDERING THE UNDERTAKING OF CURRENT SERVICE PROJECT WITHIN THE INTERSTATE-LYNDALE-NICOLLET (ILN) PROJECT AREA FOR THE PERIOD JANUARY 1, 2025 TO DECEMBER 31, 2025 Motion carried: 5-0 City Council Meeting Minutes -6- October 8, 2024 ITEM #8 PUBLIC HEARING AND CONSIDER A RESOLUTION ADOPTING THE PROPOSED ASSESSMENTS OF DELINQUENT UTILITY ACCOUNTS, FALSE ALARM CHARGES, PUBLIC HEALTH OR SAFETY HAZARD CHARGES, WEED ERADICATION CHARGES, AND VACANT PROPERTY REGISTRATION FEES TO BE CERTIFIED TO PROPERTY TAXES. (STAFF REPORT NO. 146) Council Member Whalen presented Staff Report 146 and opened the public hearing. M/Whalen, S/Trautmann to close the public hearing. Motion carried:5-0 M/Whalen, S/Christensen to adopt a resolution approving the proposed assessments of delinquent utility accounts, false alarm charges, public health or safety hazard charges, weed eradication charges, and vacant property registration fees to be certified to property taxes. RESOLUTION NO. 12258 RESOLUTION AUTHORIZING CERTIFICATION OF UNPAID WATER, SANITARY SEWER, STORM WATER, AND STREET LIGHT CHARGES, FALSE ALARM CHARGES, WEED ERADICATION CHARGES, PUBLIC HEALTH OR SAFETY HAZARD CHARGES, AND VACANT PROPERTY REGISTRATION FEES TO THE COUNTY AUDITOR TO BE COLLECTED WITH OTHER TAXES ON SAID PROPERTIES Motion carried: 5-0 ITEM #9 COMMUNITY SERVICES COMMISSION ANNUAL PRESENTATION GIVEN BY CHAIR, TESSA JOHANSON Mayor Supple requested a motion to amend the agenda to allow for the following two presentations. M/Whalen, S/Christensen to amend the agenda to allow the two presentations. Motion carried: 5-0 Chair Johanson gave a presentation for the Advisory Board of Health. She provided more details on what her department has done this year and provided a summary of what they plan on doing in the coming year. Council Member Whalen noted that the commission has been meeting at some of the new buildings. He shared that these buildings have rooms that are open for rent. ITEM #10 ADVISORY BOARD OF HEALTH ANNUAL PRESENTATION GIVEN BY STAFF LIAISON, JENNIFER ANDERSON City Council Meeting Minutes -7- October 8, 2024 Manager Anderson provided a summary of the commission and its members. She discussed that the board has had to have deeper education on cannabis in Minnesota. She provided details of the work the board has been doing this year, the events they have been attending, and stated that planning for the next year will take place in October. ITEM #11 CONSIDER ADOPTION OF A RESOLUTION SUPPORTING THE COUNTY STATE AID HIGHWAY 52 (NICOLLET AVENUE) PREFERRED CONCEPT FROM 77TH STREET TO 66TH STREET, AS RECOMMENDED BY THE TRANSPORTATION COMMISSION (STAFF REPORT NO. 147) Council Member Hayford Oleary presented Staff Report 147. Engineer Hardegger presented a summary of the project and gave an overview of the project area. He provided details of the design features. He discussed the project benefits of each of these design features and provided a summary of the budget numbers and considerations. He explained the staff recommendation for the project. Mayor Supple asked about next steps for the project if the Council approves this action. Engineer Hardegger noted they would then move into the final design process and begin official plans for construction. Council Member Whalen discussed the Council consensus that was made at the previous work session meeting. He asked if the decision was to line instead of replace the sanitary sewer, that this would not be a downgrade in quality. Engineer Powers noted that lining a sanitary sewer generally brings a pipe back to like new quality. Council Member Hayford Oleary shared that he will be voting in support of this and is very proud of the work done on this project. Council Member Trautmann thanked everyone who has worked on this project and has worked to make Richfield a better place. M/Hayford Oleary, S/Christensen to adopt a resolution supporting the County State Aid Highway 52 (Nicollet Avenue) preferred concept from 77th street to 66th street, as recommended by the Transportation Commission. RESOLUTION NO. 12259 RESOLUTION OF SUPPORT FOR HENNEPIN COUNTY’S PREFERRED CONCEPT FOR THE PRELIMINARY DESIGN OF COUNTY STATE AID HIGHWAY 52 (NICOLLET AVENUE) HENNEPIN COUNTY PROJECT NO. 2120800 Motion carried: 5-0 ITEM #12 CITY MANAGER’S REPORT City Council Meeting Minutes -8-October 8, 2024 City Manager Rodriguez shared information regarding an email from a resident at the last meeting. She noted that staff is assessing the problems mentioned in the email and starting in November, staff will only offer WebEx in an open forum if advanced notice is given. ITEM #13 CLAIMS AND PAYROLL M/Trautmann, S/Whalen that the following claims and payrolls be approved: U.S. BANK 10/3/2024 A/P Checks: 331655 – 331942 $1,317,026.37 Payroll: 191245 – 191556 44029 – 44030 $1,091,143.19 TOTAL $2,408,169.56 Motion carried: 5-0 ITEM #14 HATS OFF TO HOMETOWN HITS Council Member Hayford Oleary thanked the League of Women Voters for the forum that took place last weekend. Council Member Trautmann noted he had nothing to share. Council Member Christensen shared that the great American Pumpkin Giveaway will take place this weekend. There will also be a community trunk or treat held that same afternoon. Council Member Whalen noted that early voting is open, and voting will end in four weeks. Mayor Supple gave a hats off to the renovation celebration that took place last week. She also gave a hats off to Public Safety in their work of sharing bus safety information. ITEM #15 ADJOURNMENT M/Trautmann, S/Christense to adjourn the meeting at 8:12 p.m. Motion carried: 5-0 Date Approved: October 22, 2024 Mary B. Supple Mayor Michelle Friedrich Katie Rodriguez City Clerk City Manager