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2025-03-11 Council Regular Minutes CALL TO ORDER The meeting was called to order by Mayor Supple at 7:05 p.m. in the Council Chambers. Council 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 Poehlman, Community Development Director, Kristin Asher, Public Works Director; Michelle Friedrich, City Clerk; Jay Henthorne, Police Chief; and Rachel Lindholm, Sustainability Specialist. Others Present: None 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. Leule Assmrew discussed his concern about the proposals for new rules that would affect how short-term rentals are operated. He commented on the benefits of having short-term rentals in the community. Sarah Marasigan noted that she is a short-term rental owner. She discussed that they have set many rules to ensure that guests are respectful. APPROVAL OF MINUTES CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Council Meeting March 11, 2025 City Council Meeting Minutes -2- March 11, 2025 MOTION: made by Council Member Hayford Oleary, seconded by Council Member Christensen to approve the minutes of the: (1) City Council Work Session Meeting from February 25, 2025, and (2) City Council Regular Meeting from February 25, 2025. Motion carried: 5-0 ITEM #1 COMMUNITY MEMBERS COMMENDATION Police Chief Henthorne noted that he is here tonight to honor two outstanding community members who helped save someone's life. He read aloud a letter of commendation. The two community members, Aubrey Carlson and Chase Simpson, called 911 swiftly on a very cold night in February to report someone lying in the road. He presented each with their commendations. ITEM #2 APPROVAL OF AGENDA MOTION: made by Council Member Coleman-Woods, seconded by Council Member Burk to approve Agenda as presented. Motion carried: 5-0 ITEM #3 CONSENT CALENDAR City Manager Rodriguez presented the consent calendar. A. Consider: Approval of Part 1 of the West Metro Multi-Community Wellhead Protection Plan; and Adoption of a resolution authorizing participation in the development of Part 2 of the West Metro Multi-Community Wellhead Protection Plan. (Staff Report No. 32) RESOLUTION NO. 12305 RESOLUTION APPROVING WEST METRO MULTI-COMMUNITY WELLHEAD PROTECTION PLAN (PART 1) AND AUTHORIZING CONTINUED PARTICIPATION IN THE DEVELOPMENT AND IMPLEMENTATION OF THE REMAINDER OF THE PLAN (PART 2) B. Consider approval of a Temporary On-Sale Intoxicating Liquor license for the Richfield Foundation's A Toast to Richfield event to take place on Thursday, May 1, 2025, in the atrium area of Woodlake Center, located at 6601 Lyndale Ave South. (Staff Report No. 33) C. Consider the approval of an agreement allowing Richfield Department of Public Safety to accept grant monies from the U.S. Department of Justice, Office of Justice Programs, the Edward Byrne Memorial Justice Assistance Grant (JAG) Program. (Staff Report No. 34) RESOLUTION NO. 12306 RESOLUTION AUTHORIZING THE DEPARTMENT OF PUBLIC SAFETY/POLICE TO ACCEPT THE EDWARDS BYRNE MEMORIAL GRANT (JAG) FOR FROM THE OFFICE OF JUSTICE PROGRAMS TO PURCHASE LAPTOPS FOR PUBLIC SAFETY EMPLOYEES MOTION: made by Council Member Christensen, seconded by Council Member Hayford Oleary to approve the consent calendar. Motion carried: 5-0 City Council Meeting Minutes -3- March 11, 2025 ITEM #4 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR None. ITEM #5 PUBLIC HEARING AND CONSIDER THE RATIFICATION OF PREVIOUSLY APPROVED ORDINANCE AMENDMENTS TO CITY CODE SECTION 550: FLOODPLAIN MANAGEMENT REGULATIONS PREVIOUSLY ADOPTED BY THE CITY COUNCIL ON JANUARY 14, 2025. (STAFF REPORT NO. 35) Council Member Hayford Oleary presented Staff Report 35 and opened the public hearing. MOTION: made by Council Member Hayford Oleary, seconded by Council Member Coleman-Woods to close the public hearing. Motion carried: 5-0 MOTION: made by Council Member Hayford Oleary, seconded by Council Member Burk to approve an ordinance amending Chapter V of the Richfield Code of Ordinances pertaining to floodplain management regulations. BILL NO. 2024-16 AN ORDINANCE AMENDING CHAPTER V OF THE RICHFIELD CODE OF ORDINANCES PERTAINING TO FLOODPLAIN MANAGEMENT REGULATIONS Motion carried: 5-0 ITEM #6 CONSIDER THE APPROVAL OF THE SECOND READING OF AN ORDINANCE UPDATING REQUIREMENTS FOR MAINTENANCE OF FOWL, AUTHORIZE A RESOLUTION TO ADD THE PERMIT APPLICATION FEE TO THE EXISTING FEE SCHEDULE, AND AUTHORIZE A SUMMARY ORDINANCE PUBLICATION VIA RESOLUTION. (STAFF REPORT NO. 36) Council Member Christensen presented Staff Report 36. Clerk Friedrich presented a public comment submitted through email from Kathy B. She discussed the increased number of mice due to the many chickens in the area. She noted that Richfield needs to regulate the coops. Council Member Burk asked a question regarding the three-year period relating to permits. Sustainability Specialist Lindholm explained within the three-year period, if there is an issue, the process will then restart and will require proof the issue has been resolved. Mayor Supple asked for clarification of language changes from the first reading to the second reading. Sustainability Specialist Lindholm explained the ordinance changes and noted the permit will last three years, and the permit fee has been reduced. City Council Meeting Minutes -4- March 11, 2025 Mayor Supple asked if the issues discussed in the public comment about large flock sizes would be addressed in the permit process. Sustainability Specialist Lindholm noted information will be included within permit process and education. Sustainability Specialist Lindholm also discussed the rehoming process and rules for fowl. Mayor Supple inquired about the City’s plans for rolling this out, considering there are already many residents with flocks in place. Specialist Lindholm noted communication resources include City webpages, Facebook pages, and newsletters to let residents know and relay the fowl ordinance permit requirements. MOTION: made by Council Member Burk, seconded by Council Member Hayford Oleary to allow staff to amend section subdivision 5g., to make the process clear when a permit is revoked. Motion carried: 5-0 MOTION: made by Council Member Christensen, seconded by Council Member Hayford Oleary to approve the second reading of an ordinance updating requirements for maintenance of fowl, adopt a resolution to add the permit application fee to the existing fee schedule, and authorize a summary ordinance publication via resolution. RESOLUTION NO. 12307 RESOLUTION ESTABLISHING FOWL AND BIRD REGISTRATION AND INSPECTION FEES PURSUANT TO THE PROVISIONS OF APPENDIX D OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD BILL NO. 2025-01 AN ORDINANCE AMENDING CHAPTER IX OF THE RICHFIELD CODE OF ORDINANCES PERTAINING TO MAINTENANCE OF FOWL; SUBSECTION 905.37 OF THE RICHFIELD CITY CODE RESOLUTION NO. 12308 RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE REPEALING AND REPLACING SECTION 905.37 OF THE CITY CODE PERTAINING TO MAINTENANCE OF FOWL Motion carried: 5-0 ITEM #7 CITY MANAGER’S REPORT City Manager Rodriguez provided details about a public comment from a previous meeting concerning Consent Calendar items. City Manager Rodriguez also discussed a new legislative bill that would allow multi-family housing in any commercially zoned district, and could impact the City, highlighting that the financial and stability outlooks at both the state and federal levels have deteriorated since the last discussion. City Manager Rodriguez updated the Council on the 4d tax status eligible for the Penn Station and Beacon developments, noting 4d developments are taxed at a lower percentage which shifts the burden onto other Richfield property taxpayers. Community Development Director Poehlman added additional context regarding the proposed bill and noted the bullet points provided to Council prior to the meeting are cause for concern. Community Development Director Poehlman noted the lack of flexibility regarding our most valuable commercial land within the city. Community Development Director Poehlman noted the proposed bill to allow housing in primary commercial corridors, is at odds with Council’s strategic City Council Meeting Minutes -5- March 11, 2025 goal to diversify and increase the commercial tax base percentage. Community Development Director Poehlman noted studies from the EPA and the American Medical Association reference long-term health impacts of citizens living near busy roads near commercially zoned districts. Community Development Director Poehlman indicated review of the next comprehensive plan will include consideration of housing along Interstate-494. City Manager Rodriguez added Richfield has a strong reputation supporting affordable housing and would be an effective voice to discussions at the legislative level. Mayor Supple indicated support of staff’s position regarding the bill, with some compromises in amending the proposed legislation to be purposeful in not impacting cities, like Richfield, that support affordable housing but also protecting cities with limited commercially zoned districts. Council Member Hayford Oleary explained the context behind the bill to the new Council Members. He also explained his position on the bill. He noted that he would rather see a position that is limited to the City’s issue rather than blanket opposition to the bill. Council Member Hayford Oleary offered context to Council Members Burk and Coleman-Woods from previous Council discussion, noting they were not yet sworn in as Council. Council Member Hayford Oleary noted the Council had previously talked about this bill when the legislative platform was under review. He noted, at that time, much of the Council decided not to take a position on it, and it wasn't included in the platform. Council Member Hayford Oleary indicated hesitation to revisit this topic so soon. Council Member Hayford Oleary noted while the bill is being considered, and personally being somewhat open to it, added the importance of understanding that many cities reserve large commercial areas, and have refused to allow affordable housing or apartments. Council Member Hayford Oleary noted this bill proposed to make such land available for housing in areas that need it in Minnesota. Council Member Hayford Oleary indicated the foremost responsibility to Richfield, but the State is pursuing this bill to increase affordable housing availability across Minnesota. Council Member Hayford Oleary disagreed with the staff’s environmental justice reasoning, and noted the city has long allowed housing along I-494, and if better options are sought, there should be focus on designating land farther from freeways for multi-family housing, not banning more areas from housing. Council Member Hayford Oleary noted Richfield’s limited commercial land is unique and would prefer advocating for an exemption for cities with a low percentage of commercial land. Council Member Hayford Oleary concluded this position would better represent Richfield’s interests while still supporting the broader goal of affordable housing in Minnesota. Council Member Coleman-Woods noted agreement with Council Member Hayford Oleary’s stance. Council Member Burk also noted his agreement with Council Member Hayford Oleary. Council Member Christensen stated she agrees with Council Member Hayford Oleary, and mentioned the city needs to keep a healthy mix of commercial and affordable housing. Mayor Supple clarified the Council discussion and noted a compromise for Richfield regarding the bill would be to include language that specifies cities with less than 20 percent commercial tax base would be exempt from the multi-family requirement being placed in a commercially zoned area. Council Member Hayford Oleary briefly mentioned two legislative items he is personally involved in. Council Member Hayford Oleary noted the first legislative item allows cities to use different City Council Meeting Minutes -6- March 11, 2025 design manuals for streets; and noted he will provide feedback to the legislation regarding his own personal experience with the street variance process. Council Member Hayford Oleary noted the second legislative item he will comment on is a state ban on cities having parking minimums. Council Member Hayford Oleary noted he supported last year, and while Richfield doesn’t have a position on this, he will be speaking in favor of it and wanted to make everyone aware. ITEM #8 CLAIMS AND PAYROLL MOTION: made by Council Member Hayford Oleary, seconded by Council Member Christensen to approve the following claims and payrolls: U.S. BANK 03/06/2025 A/P Checks: 334834-335082 $1,007,391.51 U.S. BANK 03/07/2025 Payroll: 194913-195228; 44131-44133 manual checks $1,146,472.44 TOTAL $2,153,863.95 Motion carried: 5-0 ITEM #9 HATS OFF TO HOMETOWN HITS Council Member Burk stated he had nothing to report. Council Member Hayford Oleary noted that Richfield hosted the Transportation Summit last week and staff gave a great presentation about Public Works winter snowplowing operations. Council Member Hayford Oleary thanked the community and staff for supporting and promoting Richfield in the Strongest Town contest. Council Member Christensen added that over the past few weeks, she has been involved in the Citizen Police Academy. She shared that it has been a great learning experience. Council Member Coleman-Woods congratulated the Athena Award finalists at Richfield High School, and included Aniiya Johnson, Zarihana Rennie, Desirai Chappell, Mandy Mendelblatt, Emma Govenat, and Audrey Olson. Mayor Supple gave hats off to Director Poehlman and the Youth Frontiers Program. Mayor Supple noted that Community Development Director Poehlman was invited to participate in a women's leadership conference for high schoolers. Mayor Supple also thanked the Public Works Department for plowing the heavy snow. ITEM #10 A CLOSED SESSION MEETING PURSUANT TO MINNESOTA STATUTES, SECTION 13D.05, SUBD. 3(B) FOR AND ATTORNEY-CLIENT PRIVILEGED MEETING TO DISCUSS PENDING LITIGATION; MICHAEL P. KLABUNDE VS. CITY OF RICHFIELD, ET AL., U.S. DISTRICT COURT, DISTRICT OF MINNESOTA. COUNCIL WILL MOVE TO THE EXECUTIVE CONFERENCE City Council Meeting Minutes -7-March 11, 2025 ROOM FOR THE CLOSED SESSION PORTION OF THE MEETING. (STAFF REPORT NO. 37) Mayor Supple stated, “Council is moving into a closed-session meeting pursuant to Minnesota Statutes, Section 13D.05, Subd. 3(b) for an attorney-client privilege discussion regarding pending litigation; Michael P. Klabunde vs. City of Richfield, et al., U.S. District Court, District of M innesota. MOTION: made by Council Member Burk, seconded by Council Member Coleman-Woods to recess the regular meeting and move into a closed session meeting. Motion carried: 5-0 The regular meeting was recessed to closed session at 8:05 p.m. Mayor Supple stated, “The Council will now reconvene the regular meeting following the closed- session meeting.” The Council meeting was reconvened at 8:55 p.m. ITEM #11 ADJOURNMENT MOTION: made by Council Member Coleman-Woods, seconded by Council Member Christensen to adjourn the meeting at 8:55 p.m. Motion carried: 5-0 Date Approved: March 25, 2025 Mary Supple Mayor Michelle Friedrich Katie Rodriguez City Clerk City Manager