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09-27-2022 RegularCALL TO ORDER The meeting was called to order by Mayor Regan Gonzalez at 7:00 p.m. in the Council Chambers. Council Members Present: Maria Regan Gonzalez, Mayor; Simon Trautmann; and Sean Hayford Oleary Council Members Absent: Mary Supple and Ben Whalen Staff Present: Katie Rodriguez, City Manager; Joseph Sathe, Acting City Attorney; Melissa Poehlman, Community Development Director; Jay Henthorne, Public Safety Director/Police Chief; Jennifer Anderson, Support Services Manager; and Kari Sinning, City Clerk Others Present: Mara Glubka, Human Rights Commissioner PLEDGE OF ALLEGIANCE Mayor Regan Gonzalez led the Pledge of Allegiance. Mayor Regan Gonzalez shared comments regarding the shooting during the homecoming football game and acknowledged where the community is right now of which there is a lot of work to do. She thanked all of those involved: community groups and organizations, the Richfield Police Department, the Richfield Public School District, and all of the students and residents that have been showing support for the community and taking care of one another. OPEN FORUM Mayor Regan Gonzalez 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 Callmie Dennis, 7200 17th Ave, proposed acquiring a space in Richfield for a Global Marketplace. APPROVAL OF MINUTES CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Council Meeting September 27, 2022 City Council Meeting Minutes -2- September 27, 2022 M/Trautmann, S/Hayford Oleary to approve the minutes of the: (1) Special Closed City Council Meeting of September 13, 2022; (2) City Council Work Session of September 13, 2022; and (3) Regular City Council Meeting of September 13, 2022. Motion carried: 3-0 ITEM #1 PROCLAMATION RECOGNIZING LGBTQ+ HISTORY MONTH Mayor Regan Gonzalez invited Commissioner Glubka to accept the proclamation and read aloud the proclamation. Commissioner Glubka shared history of LGBTQ+ people that have significantly impacted the liberation, the gruesome past and current events that people still struggle with acceptance. Mayor Regan Gonzalez thanked Commissioner Glubka for the work she does in the LGBTQ+ community in Richfield. ITEM #2 APPROVAL OF THE AGENDA M/Hayford Oleary, S/Trautmann to approve the agenda. Motion carried: 3-0 ITEM #3 CONSENT CALENDAR City Manager Rodriguez presented the consent calendar. A. 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 for DWI enforcement in Richfield. (Staff Report No. 137) RESOLUTION NO. 12007 RESOLUTION AUTHORIZING THE DEPARTMENT OF PUBLIC SAFETY/POLICE TO ACCEPT GRANT MONIES FROM THE OFFICE OF TRAFFIC SAFETY IN THE AMOUNT OF $124,039.73 OR A LESSER AMOUNT, AS AWARDED BY THE DEPARTMENT OF PUBLIC SAFETY, TO FUND A POLICE OFFICER DEDICATED TO DWI ENFORCEMENT B. Consider approval of the purchase of five (5) Ford Hybrid SUV Police Interceptor vehicles for Public Safety from Tenvoorde Ford, Inc., for $224,804.40 plus destination, tax, title, and license fees. (Staff Report No. 138) C. Consider the approval of the first reading of an ordinance adopting Section 625 of the City Code Prohibiting Conversion Therapy for Minors and Vulnerable Adults (Staff Report No. 139) M/Hayford Oleary, S/Trautmann to approve the consent calendar. Motion carried: 3-0 City Council Meeting Minutes -3-September 27, 2022 ITEM #4 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR None. ITEM #5 PUBLIC HEARING AND CONSIDER THE APPROVAL OF NEW ON-SALE WINE AND 3.2 PERCENT MALT LIQUOR LICENSES FOR KATAKI, LOCATED AT 6401 NICOLLET AVENUE. (STAFF REPORT NO. 141) Council Member Hayford Oleary presented Staff Report 141 and opened the public hearing. M/Hayford Oleary, S/Trautmann to close the public hearing. Motion carried: 3-0 M/Hayford Oleary, S/Trautmann to approve the issuance of new On-Sale Wine and 3.2 Percent Malt Liquor licenses for Kataki, located at 6401 Nicollet Avenue. Motion carried: 3-0 ITEM #6 CONSIDER THE APPROVAL OF THE SECOND READING OF AN ORDINANCE AMENDING SECTIONS 617 (FOOD ESTABLISHMENTS), 618 (LODGING ESTABLISHMENTS), AND 619 (PUBLIC POOLS) OF THE RICHFIELD CITY CODE TO UPDATE REGULATIONS TO BE CONSISTENT WITH DELEGATED STATE REQUIREMENTS AND MISCELLANEOUS EDITS FOR CLARITY RELATED TO FOOD ESTABLISHMENTS, LODGING ESTABLISHM ENTS, AND PUBLIC POOLS. (STAFF REPORT NO. 142) Council Member Trautmann presented Staff Report 142. M/Trautmann, S/Hayford Oleary to 1) approve the second reading of an ordinance amending Sections 617, 618, and 619 of the Richfield City Code pertaining to food, lodging and pools; and, 2) approve a resolution authorizing summary publication of said ordinance. BILL NO. 2022-13 ORDINANCE UPDATING REGULATIONS FOR FOOD ESTABLISHMENTS, LODGING ESTABLISHMENTS, AND PUBLIC POOLS TO BE CONSISTENT WITH DELEGATED STATE REQUIREMENTS AND MISCELLANEOUS EDITS FOR CLARITY AMENDING SECTIONS 617, 618, AND 619 OF THE CITY CODE RESOLUTION NO. 12008 RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE Motion carried: 3-0 City Council Meeting Minutes -4- September 27, 2022 ITEM #7 SECOND READING AND SUMMARY PUBLICATION OF AN ORDINANCE AMENDING THE RICHFIELD ZONING CODE TO UPDATE REGULATIONS FOR ELECTRIC VEHICLE CHARGERS (STAFF REPORT NO. 143) Council Member Hayford Oleary presented Staff Report 143. M/Hayford Oleary, S/Trautmann to 1) approve the attached ordinance amending the Richfield Zoning Code to update regulations for electric vehicle chargers; and, 2) approve a resolution authorizing summary publication of said ordinance. BILL NO. 2022-14 ORDINANCE AMENDING THE RICHFIELD ZONING CODE TO UPDATE REGULATIONS FOR ELECTRIC VEHICLE CHARGERS RESOLUTION NO. 12009 RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDING THE RICHFIELD ZONING CODE TO UPDATE REGULATIONS FOR ELECTRIC VEHICLE CHARGERS Motion carried: 3-0 ITEM #8 CONSIDER THE APPROVAL OF AN INTERIM ORDINANCE AUTHORIZING A STUDY AND IMPOSING A ONE YEAR MORATORIUM ON CANNABIS PRODUCTS (STAFF REPORT NO. 140) Council Member Trautmann presented Staff Report 140. City Manager Rodriguez shared that there was a work session regarding this and the guidance given at the work session was to prepare a moratorium. Council Member Hayford Oleary clarified that if the motion were to be continued that it should happen before or after the main motion. Acting City Attorney Sathe stated that there would be a motion to continue the item before the main motion would be made. Council Member Trautmann shared that there is not a consensus of all Council Members present and would like to wait until the full Council is present to make a vote. M/Trautmann, S/Hayford Oleary to table or continue the agenda item until the next council meeting. Council Member Hayford Oleary supported tabling the item as he would like the full council to be present and reiterated that he does not agree with this approach; the problems are related to the use of the products while the solution is related to store sales in the City of which is there is not a good connection between the problem and the solution. He stated that passing the moratorium would not prevent Richfielders from gaining access to the products as residents could purchase from neighboring communities. He raised concerns of the moratorium affecting the sale of Delta 8 products which he would like staff to clarify at the next meeting. He shared a Star Tribune article that showed sixty percent of Minnesotans support the legalization of marijuana and worried that actions like a moratorium could continue to undermine a better and more comprehensive legalization path. City Council Meeting Minutes -5- September 27, 2022 Mayor Regan Gonzalez read aloud comments from Council Member Whalen which stated his concerns regarding the use of edible cannabinoid products and supported that more research needs to be done while moving towards regulation on the use and licensing of the products. He stated that he is undecided on the vote, as the moratorium might not be the best tool to solve the problems. Council Member Trautmann agreed with Council Member Hayford Oleary on not criminalizing the use of cannabis much like alcohol and tobacco use. He shared that he supports the moratorium to allow staff the time to regulate the consumption and sale of cannabis products and shared concerns of how it could affect Delta 8 sales. Mayor Regan Gonzalez clarified that Council would have to have a majority vote of all Council Members to pass the ordinance. Acting City Attorney Sathe affirmed. Mayor Regan Gonzalez asked staff to speak to the specific concerns that Council Members have at the next meeting to help them feel more comfortable about their votes at the next meeting. Council Member Hayford Oleary stated that he will prepare detailed questions to staff in advance of the next meeting. Motion carried: 3-0 ITEM #9 CITY MANAGER’S REPORT City Manager Rodriguez echoed the Mayor’s comments regarding the shooting at the Richfield Homecoming game and thanked the Public Safety for the quick response. She also thanked the staff at the schools and our community for the conversations. ITEM #10 CLAIMS AND PAYROLL M/Trautmann, S/Hayford Oleary that the following claims and payrolls be approved: U.S. BANK 9/27/2022 A/P Checks: 309469 – 309758 $2,521,539.12 Payroll: 173267 – 173573 $768,117.39 TOTAL $3,289,656.51 Motion carried: 3-0 ITEM #11 HATS OFF TO HOMETOWN HITS Council Member Trautmann extended thanks and appreciation for Penn Fest, particularly Gordon Hanson and other community volunteers and staff that were involved. He also shared his sorrow on the shooting and tipped his hat to the public safety for their response. He hoped that community members use this time to create deeper relationships with their neighbors. Council Member Hayford Oleary echoed the sentiments of Council Member Trautmann, was grateful to the schools and the police response, and appreciated how the police department kept the public informed. He recognized Penn Fest, especially Gordon Hanson, Dave Gepner, and City Staff for their contributions to the event. City Council Meeting Minutes -6-September 27, 2022 Mayor Regan Gonzalez read aloud a comment from Council Member Whalen regarding the proclamation recognizing LGBTQ+ History Month that thanked the Human Rights Commission for not only preparing the proclamations but for ensuring that the sentiments behind them guide our actions and he shared hopes to continue to use words and actions to support the LGBTQ folks in Richfield. Mayor Regan Gonzalez then shared that Penn Fest was so well attended which speaks volumes to connectivity and pride for our community. She commented on the community support to help prevent violence in our community and to come together through conversations, policies, actions, and partnerships. She thanked the officers, the school, and all the community members that have come together to response. ITEM #12 ADJOURNMENT The meeting was adjourned by unanimous consent at 7:45 p.m. Date Approved: October 11, 2022 Maria Regan Gonzalez Mayor Kari Sinning Katie Rodriguez City Clerk City Manager