10-25-2022 Regular
CALL TO ORDER
Mayor Regan Gonzalez called the meeting to order at 7:00 p.m. in the Council Chambers.
Council Members
Present:
Maria Regan Gonzalez, Mayor; Simon Trautmann; Mary Supple; Ben
Whalen; and Sean Hayford Oleary
Council Members
Absent:
None
Staff Present:
Katie Rodriguez, City Manager; Mary Tietjen, City Attorney; Jay Henthorne,
Public Safety Director/Police Chief; Jennifer Anderson, Support Services
Manager (via phone); Amy Markle, Recreation Services Director; Kristin
Asher, Public Works Director; Rachel Lindholm, Sustainability Specialist; and
Chris Swanson, Management Analyst
Others Present: Karin Wolverton, Arts Commission Co-Chair; Larry Nelson, Arts Commission
Co-Chair; James Rudolph, Planning Commission Chair; Aric Bieganek, Arts
Commission Secretary
PLEDGE OF ALLEGIANCE
Mayor Regan Gonzalez led the Pledge of Allegiance.
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
There were no participants.
APPROVAL OF MINUTES
M/Trautmann, S/Whalen to approve the Minutes of the: (1) City Council Work Session of
October 11, 2022; and (2) Regular City Council Meeting of October 11, 2022.
Motion carried: 5-0
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Council Meeting
October 25, 2022
City Council Meeting Minutes -2- October 25, 2022
ITEM #1
17TH ANNUAL GREAT PUMPKIN GIVEAWAY COLORING CONTEST WINNERS
Mayor Regan Gonzalez invited the sponsors of the program, Steve Schneeberger from The
Schneeberger Realty Group and Lisa Hintermeister from Luminate Home Loans, to join her at the
podium and then announced the winners of each category and explained the reasons why she chose
their coloring pages. She thanked the sponsors for their leadership in business and creating this
community-building event.
ITEM #2
ARTS COMMISSION YEARLY PRESENTATION GIVEN BY LARRY NELSON
AND KARIN WOLVERTON
Mayor Regan Gonzalez invited Co-Chair Commissioners Karin Wolverton and Larry Nelson to
give the yearly presentation of the Richfield Arts Commission that overviewed the efforts of the
Commission throughout the year. The Commissioners thanked all the members and liaisons of the
Commission; especially thanked the essential work of MaryKaye Champa, staff liaison, who retired
this past year.
Council Member Supple thanked the all the Commission members and how much they
contribute to the community.
Council Member Whalen thanked the Commission and mentioned how involved the Arts
Commission is with the community.
Council Member Hayford Oleary thanked the commission and appreciated the mix of bringing
art to the everyday lives of the community. He shared a curiosity regarding the sculpture at the Chase
Bank site. Commissioner Wolverton stated that there should be an installation on November 9 th but it
is unknown if the Richfield Arts Commission would have any involvement with the reveal of the
sculpture. Commissioner Nelson shared that they saw some preliminary ideas but were unaware of
the final decision.
Council Member Trautmann thanked the Commission for making the City better each year.
Mayor Regan Gonzalez thanked the entire Commission and challenged the Arts Commission
to work with the other commissions engage more with the community they serve.
ITEM #3
PLANNING COMMISSION ANNUAL PRESENTATION GIVEN BY CHAIR JAMES
RUDOLPH
Mayor Regan Gonzalez invited Planning Commission Chair Rudolph to give an overview of
the Planning Commission’s efforts throughout the year.
Council Member Whalen appreciated the essential work that the Planning Commission does to
help the Council to help make their decisions and answer questions that they might have.
Council Member Supple also appreciated the thoughtful and respectful deliberations that the
Commission has even if they do not agree.
City Council Meeting Minutes -3- October 25, 2022
Council Member Hayford Oleary also agreed with the comments from Council Members
Whalen and Supple on the discussions they have on staff recommendations before they come to
Council.
Council Member Trautmann added that the Planning Commission requires time and
leadership and appreciated Chair Rudolph for his service.
Mayor Regan Gonzalez also thanked Chair Rudolph for his leadership and his contributions to
the Commission and how the Commission helps the community to connect and advocate for
improvements to our City.
ITEM #4
APPROVAL OF THE AGENDA
M/Supple, S/Whalen to approve the agenda.
Motion carried: 5-0
ITEM #5
CONSENT CALENDAR
City Manager Rodriguez presented the consent calendar.
A. Consider the approval of the reclassification of the Friendship City Commission as a
committee within the Community Services Commission starting January 1, 2023, by
rescinding the resolution no. 8248. (Staff Report No. 154)
City Manager Rodriguez mentioned that this would offer more flexibility and not
diminish the works of the Commission. She also thanked the members of the Commission.
B. Consider the approval of the first reading of an ordinance amending Section 601 of the
Richfield City Code to include new language clarifying the definition of "non-RDUs" and
how properties approved for exemption from the contracted program dispose of solid
waste. (Staff Report No. 155)
C. Consider adoption of a resolution authorizing the purchase of one temporary construction
easement and one permanent right-of-way easement at 7601 18th Avenue for the 77th St
Underpass project. (Staff Report No. 156)
RESOLUTION NO. 12019
RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO MAKE
PAYMENTS FOR THE PURCHASE OF A TEMPORARY
CONSTRUCTION AND A PERMANENT RIGHT-OF-WAY EASEMENT
AT 7601 18th AVE (PID# 28-028-24-41-0039) AS PART OF THE 77TH
ST UNDERPASS PROJECT
D. Consider the ratification of a contract with Meyer Contracting, Inc., in the amount of
$175,788.34 for the Taft Park Lift Station Improvements Project and authorize the City
Manager to approve contract amendments not to exceed $5,000.00. (Staff Report No. 157)
M/Whalen, S/Hayford Oleary to approve the consent calendar.
City Council Meeting Minutes -4- October 25, 2022
Council Member Supple thanked the members of Friendship City Commission over the years
to provide the continual connection to Heredia, Costa Rica and that this change would streamline the
process.
Motion carried: 5-0
ITEM #6
CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT
CALENDAR
None.
ITEM #7
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 ORDERED FROM JANUARY
1, 2021, THROUGH DECEMBER 31, 2021 (STAFF REPORT NO. 158)
Council Member Trautmann presented Staff Report 158 and opened the public hearing.
Sean Murphy, 7140 Garfield Ave, stated that the City did not remove a tree from his property
and that he could produce a receipt for the tree removal that he had done. Public Works Director
Asher would follow up with the homeowner to clear up the issue.
Ruane Onesirosan, 2140 65th St W, asked where the wood from diseased trees or non-
diseased trees is disposed. Director Asher stated that the diseased trees are disposed at a facility in
Saint Paul and the non-diseased trees go through a wood chipper which the wood chips are available
to residents.
Council Member Whalen mentioned the assessment timeline.
M/Trautmann, S/Hayford Oleary to close the public hearing.
Motion carried: 5-0
M/Trautmann, S/Hayford Oleary to adopt a resolution for special assessments for removal of
diseased trees from private property for work ordered from January 1, 2021, through December 31,
2021
RESOLUTION NO. 12020
RESOLUTION ADOPTING ASSESSMENT FOR THE REMOVAL OF
DISEASED TREES FROM PRIVATE PROPERTY FOR WORK
ORDERED FROM JANUARY 1, 2021 THROUGH DECEMBER 31,
2021
Motion carried: 5-0
ITEM #8
CONSIDER THE APPROVAL OF THE SECOND READING OF AN INTERIM
ORDINANCE AUTHORIZING A STUDY AND IMPOSING A ONE-YEAR
MORATORIUM ON THE SALE OF CANNABIS PRODUCTS (STAFF REPORT
NO. 159)
City Council Meeting Minutes -5- October 25, 2022
Council Member Supple presented Staff Report 159.
Police Chief Henthorne mentioned the work to research the topic as it continues to evolve and
a surge of illegal products that are sold in the City.
Council Member Whalen asked Chief Henthorne to explain process they would have to do
when a business sells an illegal product. Chief Henthorne shared the process that would submit a
four-page complaint form to the Board of Pharmacy, which the Board of Pharmacy would work with
law enforcement to determine the law enforcement action. Council Member Whalen asked if this
would slow the process of law enforcement action. Chief Henthorne mentioned that the Board of
Pharmacy has limited staff and raised concerns that the issues would not be addressed quickly.
Mayor Regan Gonzalez asked about the role of law enforcement in that situation and wondered if the
law enforcement was to report the illegal products to the State. Chief Henthorne stated that law
enforcement would report and would work collaboratively with them to enforce it under State Statute.
Council Member Hayford Oleary asked, if the moratorium were to pass, what would the
enforcement mechanism look like and how would that differ from the current process. Chief
Henthorne explained that the moratorium would allow the City to create a more robust licensing and
enforcement structure than simply mirroring the alcohol/tobacco ordinances. City Attorney Tietjen
stated Article 7 that would classify a violation of the moratorium as a misdemeanor and other possible
civil options. Council Member Hayford Oleary asked why we could not enforce that now for what is
illegal instead of affecting what is legal with a moratorium of all products. City Attorney Tietjen stated
that is a policy decision if Council would like to include that in the moratorium but it may impede on the
goal of what Chief Henthorne is trying to accomplish with the moratorium. Council Member Hayford
Oleary asked if we have submitted complaints. Chief Henthorne shared that there has not been any
complaints submitted due to the inability to do those types of checks and the moratorium would help.
Council Member Trautmann asked about the prosecution being held at the State level instead
of at the City level. Chief Henthorne said that is how the State statute is written and since we do not
have anything in place locally, it reverts to the statute.
Council Member Supple asked what happens in the interim while the complaint is being
processed. Chief Henthorne stated that law enforcement would work with the Board of Pharmacy to
determine the action to take and the state statute does not give the authority to pull the products.
Council Member Hayford Oleary asked a few questions before the Council meeting via
email and wanted them to be a part of the public record. He read aloud the questions below (in italics)
and Chief Henthorne answered during the meeting.
Would the moratorium ban sales of Delta-8 THC products? Chief Henthorne stated that
it would ban the products unless they contain less than .1% THC.
Instead of a misdemeanor, would there be an option for civil penalties only if the
language were changed? Chief Henthorne stated that staff advises that there be a penalty to
allow the ordinance to be enforced and include a consequence for violating the moratorium. If
the Council did not want to enforce violations as a misdemeanor, the moratorium could be
revised to provide that the city “may charge violators with a misdemeanor.” The City could
choose to use its administrative enforcement powers to enforce the moratorium, however, that
process is not used very frequently in the City anymore. As a matter of practice, the City could
also choose to provide educational materials on the moratorium for a business’s first violation,
and then use either the administrative enforcement powers or charge the violator with a
misdemeanor.
Why is there a need for a moratorium now, when no action was taken in the preceding
four years on Delta-8? Chief Henthorne said the 2018 Farm bill did not gather as much
attention as the amendments that happened this year to clean up the statute’s gray areas.
City Council Meeting Minutes -6- October 25, 2022
If we did not pass a moratorium, how would not having the moratorium in place prevent
staff from doing an effective licensing structure? Chief Henthorne stated that we would have to
act fast and raised concerns that the current alcohol/tobacco licensing structures would not be
robust enough which could leave holes. He also raised concerns of staff capacity, future
legislative changes, and consistency of how we work with our businesses.
Council Member Trautmann clarified that the moratorium would be for the sale of the products
and not for the use. Chief Henthorne said that is correct.
Council Member Whalen stated that given the current difficulty to enforce, he was starting to
lean more to supporting the moratorium to give more clarity. He mentioned the need to be clear upon
what the moratorium does not do and that this is not a judgement of the long-term legalization of
marijuana. He supported education of businesses and the public to ensure safety that the products
are not yet regulated.
Council Member Hayford Oleary raised concerns on banning products that are already legal
instead of a moratorium that specifically addresses high-dose products; Delta-8 products being
banned means that businesses can no longer sell products that they have sold for four years. He
mentioned neighboring cities already have a licensing structure in place or no moratorium, which does
not offer a clear public safety benefit and would take business away from Richfield forcing new and
existing customers to shop elsewhere. He shared concerns that this conveys a message of opposition
of THC legalization. He appreciated the thought staff put into the moratorium however, a full twelve-
month moratorium should not be necessary to implement a licensing structure. He urged the Council
to vote no on this moratorium; voting no does not diminish the concerns Council has but means that
this is not the right way to address the concerns.
Council Member Whalen stated that a moratorium that repeats state statute but gives the City
the authority to enforce it does not solve the problem of what is legal or not. Council Member Hayford
Oleary was not aware of any licensing in other cities that includes lab testing and asked if staff knew
of any. Chief Henthorne stated that there are no testing procedures in place; businesses are
supposed to have the products tested which is very convoluted and confusing.
Council Member Supple asked how long it would take to develop a licensing structure. Chief
Henthorne deferred the question to Support Services Manager Anderson who explained that a draft
ordinance and licensing structure could be available in early 2023 based upon the current staff
capacity.
Council Member Hayford Oleary stated that he would support a moratorium that would
address high-dose products. Council Member Whalen asked City Attorney Tietjen if the moratorium
could specifically address products that are more highly concentrated than what is allowable by state
statute. City Attorney Tietjen stated that it is already illegal for a business to sell products over the
state legal limit set by statute. Council Member Whalen asked if there is a tool to give the City the
local authority to enforce the statute without going through the Board of Pharmacy or if licensing is
ultimately the only option. Council Member Hayford Oleary clarified Council Member Whalen’s
question by stating if a moratorium that would ban all products higher than the allowed concentration
and give us the power to enforce could be done. City Attorney Tietjen stated that a moratorium puts a
pause on products that are now legal under the law so that there is time to implement local regulation.
Council Member Trautmann reframed the question. Council Member Hayford Oleary commented that
we are justifying the moratorium because we do not like the enforcement process the state has
provided. Chief Henthorne mentioned there are many other violations aside from the concentration of
the product that could be difficult to enforce such as the packaging.
Council Member Trautmann expressed that his biggest concern is for access of the products
to young people and supported the moratorium.
City Council Meeting Minutes -7- October 25, 2022
Council Member Whalen asked about the conversations with other cities and the tools they are
using. Chief Henthorne stated that the state statute is ambiguous and the moratoriums are for clarity;
cities that have put licensing quickly into place have solved some issues but not all. Manager
Anderson shared that staff is continually learning from other cities that have put licensing in place as
each community has reacted differently.
Council Member Hayford Oleary shared his belief that the moratorium is not the correct tool to
address the public health concerns, as the products are readily available to Richfielders in the
neighboring cities.
Council Member Supple expressed support of the moratorium, as the best solution is a
licensing structure. She urged staff not to use the entire year to implement a licensing structure
because public health concerns such as youth access and counterfeit products need to be addressed.
Mayor Regan Gonzalez mentioned that when the due diligence is not done at state level it is
handed down to the city level, which causes difficult decisions to be made. She expressed her support
for the moratorium, as it is a short-term impact for long-term gain. She echoed the comments of
Council Member Whalen to communicate and educate residents and businesses through this
process. She also echoed the support of Council Member Supple for a short-term moratorium. She
reiterated that she is not against the legalization of THC and that this is vote is really around how
vague the state statute is.
Council Member Supple asked when the moratorium would go into effect. City Attorney Tietjen
stated that the moratorium would go into effect 30 days after publication, which would be on
December 3.
M/Supple, S/Trautmann to approve the second reading of an interim ordinance authorizing a
study and imposing a one-year moratorium on cannabis products.
Council Member Whalen mentioned that the original ordinance given was not allowable and
the ordinance was changed to the 30-day effective date. City Attorney Tietjen stated that Council was
provided with an amended ordinance and it would be a good practice to state that in the motion.
M/Supple, S/Trautmann to amend the motion to change the effective date to 30 days from
publication.
BILL NO. 2022-17
TRANSITORY ORDINANCE 19.26
AN INTERIM ORDINANCE AUTHORIZING A STUDY AND IMPOSING
A MORATORIUM ON THE SALE OF CANNABIS PRODUCTS
Motion carried: 4-1; Hayford Oleary
M/Supple, S/Whalen to approve a resolution authorizing summary publication of said
ordinance.
RESOLUTION NO. 12021
RESOLUTION APPROVING SUMMARY PUBLICATION OF AN
INTERIM ORDINANCE AMENDING THE RICHFIELD CITY CODE,
AUTHORIZING A STUDY AND IMPOSING A ONE-YEAR
MORATORIUM ON THE SALE OF CANNABIS PRODUCTS
Motion carried: 4-1; Hayford Oleary
City Council Meeting Minutes -8- October 25, 2022
Mayor Regan Gonzalez thanked Council for the discussion and Manager Anderson and Chief
Henthorne for answering their questions.
ITEM #9
CONSIDER THE APPROVAL OF THE SECOND READING OF AN ORDINANCE
AMENDING SECTION 925 OF THE RICHFIELD CITY CODE TO INCLUDE NEW
LANGUAGE ADDRESSING WHAT REFUSE IS AND THE ACCUMULATION OF
IT RELATED TO PUBLIC NUISANCES (STAFF REPORT NO. 160)
Council Member Whalen presented Staff Report 160.
M/Whalen, S/Hayford Oleary to approve the second reading of an ordinance amending
Section 925 of the Richfield City Code and adopt a resolution approving summary publication of said
ordinance.
BILL NO. 2022-16
AN ORDINANCE AMENDING SECTION 925 OF THE RICHFIELD
CITY CODE PERTAINING TO PUBLIC NUISANCES AND REFUSE
RESOLUTION NO. 12022
RESOLUTION APPROVING SUMMARY PUBLICATION OF AN
ORDINANCE UPDATING SECTION 925 – NUISANCES
Motion carried: 5-0
ITEM #10
CITY MANAGER’S REPORT
City Manager Rodriguez had nothing to report.
ITEM #11
CLAIMS AND PAYROLL
M/Hayford Oleary, S/Supple that the following claims and payrolls be approved:
U.S. BANK 10/25/2022
A/P Checks: 310099 – 310346 $4,040,361.15
Payroll: 173865 – 174149 $744,781.14
TOTAL $2,317,232.43
Motion carried: 5-0
ITEM #12
HATS OFF TO HOMETOWN HITS
Council Member Whalen mentioned the work of Attorney General Keith Ellison to address
illegal gun sales, wage theft, and labor trafficking. He urged residents to research the candidates and
make a plan to vote. He asked City Clerk Sinning to mention the hours for early voting at City Hall.
City Council Meeting Minutes -9-October 25, 2022
City Clerk Sinning shared the dates and times for in-person voting at City Hall and gave more
information to answer questions regarding voting.
Council Member Supple gave a shout out to all commissions and mentioned that applications
for the commissions are being accepted through the end of October. She especially mentioned
several youth vacancies to be filled on commissions. She also mentioned two community events
happening on October 29: 1) the Hennepin County Sheriff’s participation in National Prescription Drug
Take Back Day at the Walgreen’s at the HUB and 2) the Annual Fall Boutique at the Community
Center.
Council Member Hayford Oleary added that Congresswoman Ilhan Omar would be at the
Community Center for a town hall forum on Thursday and the Friends of Wood Lake dinner is on
Friday with tickets still available for purchase.
Council Member Trautmann also mentioned the Friends of Wood Lake (FOWL) dinner and
appreciated the mentioning of early voting and urged residents to vote as Minnesota leads in voter
turnout.
Mayor Regan Gonzalez reminded residents to get their covid boosters and flu shots. She gave
a shout out to Police Department Community Liaison Patricia Eibon, PMAC, the Richfield Police
Department and advocates that attended the online Domestic Violence Resource fair to show case
the different resources that are available for victims of domestic violence.
ITEM #13 ADJOURNMENT
The meeting was adjourned by unanimous consent at 8:40 p.m.
Date Approved: November 9, 2022
Maria Regan Gonzalez
Mayor
Kari Sinning Katie Rodriguez
City Clerk City Manager