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03-28-2023 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; Sean Hayford Oleary; and Ben Whalen Council Members Absent: Simon Trautmann Staff Present: Katie Rodriguez, City Manager; Mary Tietjen, City Attorney; Melissa Poehlman, Community Development Director; Jennifer Anderson, Support Services Manager; Chris Swanson, Management Analyst; and Dustin Leslie, City Clerk 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 Kathleen Balaban, 6526 Stevens Avenue South, asked Council to reconsider allowing citizens to show PowerPoint presentations at the Open Forum. She urged the city in the Strategic Plan to add that it would communicate and work with the city’s residents also. APPROVAL OF MINUTES M/Hayford Oleary, S/Whalen to approve the minutes of the: (1) Joint City Council and HRA Work Session of September 6, 2023; (2) Regular City Council Meeting of March 14, 2023. Motion carried: 4-0 CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Council Meeting March 28, 2023 City Council Meeting Minutes -2- March 28, 2023 ITEM #1 PROCLAMATION CELEBRATING RUTHANN CLAY Mayor Supple invited Ruthann Clay to accept the proclamation and read aloud the proclamation. Ms. Ruthann Clay stated she cared deeply for the city and the historical society. She thanked the city for the proclamation. Council Member Whalen noted he has had the opportunity to work with Ms. Clay. He thanked her for all of her years of service to the community. ITEM #2 APPROVAL OF THE AGENDA M/,Whalen S/Hayford Oleary to approve the agenda. Motion carried: 4-0 ITEM #3 CONSENT CALENDAR City Manager Rodriguez presented the consent calendar. A. Consider approval of a release of claims agreement with Kimley-Horn and Associates, Inc., and accept reimbursement in the amount of $18,551.01 for construction costs incurred by the City due to a mistake on the 65th St Reconstruction Project construction plans (Staff Report No. 36) B. Consider the approval of two utility occupancy license agreements with Soo Line Railroad Company at the railroad crossing at 65th St. and Pleasant Ave as part of the 65th Street Reconstruction Project (Staff Report No. 39) M/Whalen, S/Christensen to approve the consent calendar. Motion carried: 4-0 ITEM #4 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR None. ITEM #5 THE SECOND READING OF AN ORDINANCE AMENDMENT TO ELIMINATE THE MINIMUM LOT SIZE REQUIREMENT FOR A PLANNED UNIT DEVELOPMENT (STAFF REPORT NO. 37) Council Member Hayford Oleary presented Staff Report 37. Council Member Whalen asked for examples of past projects where PUD’s were applied. Community Development Director Poehlman noted it could vary from project to project including where City Council Meeting Minutes -3- March 28, 2023 setbacks are needed, landscaping plans, etc. can be varied in order to get the type of project the Comprehensive Plans called for. She noted in many cases they would be asked to do something above and beyond code requirements in exchange. Council Member Hayford Oleary stated he was in support of the size condition as he did not believe that was a useful way to judge this, but he did worry about changing the rules for certain properties rather than keeping things that work universally in the future. Mayor Supple stated one of the things she understood was that this could apply only to items that say planned in front of them and it was not the entire city. Community Development Director Poehlman responded in order to have a PUD, it was necessary to rezone to a PUD district. However, if it was already zoned with a “P” in front, then they could use this flexibility. M/Hayford Oleary, S/Whalen to approve the Ordinance amending the Zone Code Regulations to eliminate the minimum lot size requirement for a Planned Unit Development and the associated Resolution approving summary publication of an Ordinance to eliminate the minimum lot size requirement for a planned unit development. BILL NO. 2023-3 AN ORDINANCE AMENDING THE RICHFIELD ZONING CODE REGULATIONS TO ELIMINATE THE MINIMUM LOT SIZE REQUIREMENT FOR A PLANNED UNITY DEVELOPMENT RESOLUTION NO. 12079 RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE TO ELIMINATING THE MINIMUM LOT SIZE REQUIREMENT FOR A PLANNED UNIT DEVELOPMENT SUMMARY PUBLICATION BILL NO. 2023-3 AN ORDINANCE AMENDING THE RICHFIELD ZONING CODE REGULATIONS ELIMINATING THE MINIMUM LOT SIZE REQUIREMENT FOR A PLANNED UNIT DEVELOPMENT Council Member Whalen stated his understanding is that this is not that they are moving toward every development becoming Planned Unit Developments, but rather this would allow the flexibility that if a developer was proposing something the city thought was worth flexibility, that the option was there but it would still go through the full vetting process. He stated he was in support of this. Council Member Hayford Oleary asked how the PUD’s worked when changes were made to the zoning code. Community Development Director Poehlman explained the process and noted it was dealt with individually but it was based on the current code. Motion carried: 4-0 ITEM #6 CONSIDER THE APPROVAL OF A RESOLUTION ALLOWING STAFF TO EXECUTE ALL NECESSARY DOCUMENTS TO OPT-IN TO THE NEW OPIOID SETTLEMENTS INCLUDING TEVA, ALLERGAN, CVS, WALGREENS, AND WALMART (STAFF REPORT NO. 38) Council Member Whalen presented Staff Report 38. City Council Meeting Minutes -4- March 28, 2023 M/Whalen, S/Hayford Oleary to authorize staff to execute documents to ensure participation in the new opioid settlement funding. RESOLUTION NO. 12080 RESOLUTION AUTHORIZING STAFF TO EXECUTE DOCUMENTS TO ENSURE PARTICIPATION IN NEW OPIOID SETTLEMENT FUNDING Mayor Supple asked if the funds passed through the city and then the city sent it through to the Health Department or was this separate. Jennifer Anderson explained how the funds would be handled. She indicated this was saying Richfield was opting in so they could become part of the settlement. Motion carried: 4-0 ITEM #7 CITY MANAGER REPORT City Manager Rodriguez indicated on the previous Open Forum Mr. Ernster and Ms. Best had requested information. She noted she would be sending additional details to them by email. She noted the PowerPoint presentation given by Mr. Ernster and Ms. Best contained inaccuracies which was understandable as TIF was complicated. She recommended if anyone wanted to learn more about the issue to view the presentation from the Ehlers that they made at the March 6 Work Session. She noted the elimination of the minimum assessment agreement would not reduce the payments to the city, county, or school district. City Manager Rodriguez stated Ms. Balaban noted at the previous Open Forum that Ms. Balaban had requested that all city meetings be videotaped. She indicated currently there was not the staff capacity or the technology in every meeting room to videotape all meetings. She indicated the Council, the Planning Commission, and the HRA meetings would continue to be videotaped. City Manager Rodriguez indicated Ms. Balaban had also requested the Commission members be provided city email addresses. She stated staff was hoping to be able to do this and they are currently researching the best way to facilitate this. City Manager Rodriquez stated Ms. Balaban had also requested the Community Development Department not staff multiple commissions. She indicated CDC only staffs the Planning Commission, the HRA, and the EDA and not the Charter Commission. She noted the HRA and EDA had the same governing board and had consecutive meetings also. ITEM #8 CLAIMS AND PAYROLL M/Whalen, S/Hayford Oleary that the following claims and payrolls be approved: U.S. BANK 03/28/2023 A/P Checks: 313355 - 313585 $1,243,113.76 Payroll: 177237 – 177539, 43636 $761,732.20 TOTAL $2,004,845.96 Motion carried: 4-0 City Council Meeting Minutes -5-March 28, 2023 ITEM #9 HATS OFF TO HOMETOWN HITS Council Member Whalen stated on April 15 the League of Woman Voters was hosting the Ecofair. Council Member Christiansen stated she had no report. Council Member Hayford Oleary thanked the city’s public works and engineering staff for winning an infrastructure grant. He thanked Will Wlizlo at the school district for looking for grants for the city. Mayor Supple noted the Richfield Chamber of Commerce had their Circle of Excellence Awards earlier this month. She congratulated the award recipients. She did a shout out to the Richfield public schools for their Job Olympics. She noted the Richfield Foundation was starting planning for their Taste of Richfield to be held on May 11 and were looking for volunteers and sponsors. She shouted out to the Minnesota Whitecaps who made it to the playoffs for the Isobel Cup. She thanked everyone who came for the Commission interviews. ITEM #10 ADJOURNMENT M/Hayford Oleary, S/Whalen to adjourn the meeting at 7:39 p.m. Motion carried: 4-0 Date Approved: April 11, 2023 Mary Supple Mayor Kelly Wynn Katie Rodriguez Administrative Assistant City Manager