2025-05-13 Council Regular MinutesCALL TO ORDER
The meeting was called to order by Mayor Supple at 7:00 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 Pohlman, Community Development Director, Kristin
Asher, Public Works Director; and Michelle Friedrich, City
Clerk; Jennifer Anderson, Support Services Manager; Jay
Henthorne, Police Chief.
Others Present: STEM School Choir, Richfield School Board Treasurer Ken Liss
PLEDGE OF ALLEGIANCE
Mayor Supple led the Pledge of Allegiance.
ITEM #1 PRESENTATION: STEM SCHOOL CHOIR
(MOVED FROM PRESENTATIONS TO FOLLOW PLEDGE OF ALLEGIANCE)
Mayor Supple invited the STEM School Choir to perform.
ADDED ITEM: ANNUAL FOOD SAFETY AWARDS
Mayor Supple noted the addition of the Food Safety Awards to the agenda. Mayor Supple
introduced Support Services Manager Jennifer Anderson to present the food safety awards.
Support Services Manager Anderson explained the nomination and voting process and presented
the two award winners, Broadway Pizza for the full-service restaurant award, and Dairy Queen on
East 66th Street for the fast-food pizza cafeteria service award. Support Services Manager
Anderson also shared the restaurants that received nominations.
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Council Meeting
May 13, 2025
City Council Meeting Minutes -2-May 13, 2025
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.
Phou Sivilay, 6226 Fifth Avenue South, stated he has run a short-term rental property. Mr. Sivilay
stated he does realizes there are issues with rentals, but opined they are more isolated issues
rather than broad ones.
Lance Bondus, 7108 Chicago Avenue, shared information regarding his short-term rental property
and how the regulations affect it. He opined regulation of rentals will decrease the number of
people who are able to visit the City. He would like to see the Council step back from the planned
ordinance and draft an updated version with the feedback given.
John Lucas Erikson, 7014 Elliot, noted many rental owners book out reservations far in advance.
Mr. Erikson noted his rental property is booked for the next 18 months and would like Council to
taken into consideration when making a decision.
City Clerk Friedrich read a comment sent by email from Tung Thanh Le. Mr. Le opined on short-
term rental regulations and noted the regulations seemed unnecessary for many reasons.
City Clerk Friedrich read a comment from Noi Keothammakhoun regarding issues related to
banning short-term rentals. Mr. Keothammakhoun noted the management company he uses to
manage his rental, screens each guest, enforces quiet hours, and lives nearby. Mr.
Keothammakhoun requested that Council not ban short-term rentals.
City Manager Rodriguez read a comment sent by email from Nancy Stoddard opposing the short-
term rental ban. Ms. Stoddard also listed reasons for not wanting to restrict stays.
City Manager Rodriguez read an email sent anonymously thanking Richfield for initiating
compliance action against Pump and Munch.
APPROVAL OF MINUTES
MOTION: made by Council Member Hayford Oleary, seconded by Council Member Burk to
approve the minutes of the: (1) City Council Work Session Meeting from April 22, 2025, and (2)
City Council Regular Meeting from April 22, 2025.
Motion carried: 5-0
ITEM #2 PRESENTATION: PROCLAMATION CELEBRATING JEWISH AMERICAN
HERITAGE MONTH
City Council Meeting Minutes -3-May 13, 2025
Mayor Supple read aloud the proclamation for Jewish American Heritage Month and presented the
proclamation to Mr. Kenneth Liss. Ken Liss thanked the City for recognizing Jewish American
Heritage Month.
ITEM #3 PRESENTATION: PROCLAMATION NATIONAL POLICE WEEK/PEACE
OFFICER’S MEMORIAL DAY
Mayor Supple read aloud the proclamation National Police Week/Peace Officer’s Memorial Day
and presented the proclamation to Police Chief Henthorne. Chief Henthorne thanked the
community for its support and thanked the staff for their daily work. He recognized the families who
are going to DC to have their family members' names etched into the marble in the memorial and
offered them his thoughts and prayers.
ITEM #4 APPROVAL OF AGENDA
MOTION: made by Council Member Hayford Oleary, seconded by Council Member Christensen, to
approve the Agenda as presented.
Motion carried: 5-0
ITEM #5 CONSENT CALENDAR
City Manager Rodriguez presented the consent calendar.
A.Consider approval of an annual request for a Temporary On-Sale Intoxicating Liquor license
for the Academy of Holy Angels, located at 6600 Nicollet Avenue South, for their annual Holy
Angels Rock the Lawn event taking place Friday, June 13, 2025.
(Staff Report No. 54
B.Consider approval to set a public hearing to be held on May 27, 2025, to consider the
issuance of new OnSale Wine and 3.2 Percent Malt Liquor licenses for MC Richfield LLC dba
Dragon Pot, located at 9 66th Street East.
(Staff Report No.55)
C.Consider approval of the Cannabis and Substance Use Prevention (CSUP) services
agreement with Bloomington Public Health.
(Staff Report No. 56)
D.Consider the approval of an agreement with the City of Bloomington for the provision of food,
pools, lodging, therapeutic massage, and body art establishment inspection services for the
City of Richfield for 2026.
(Staff Report No. 57)
E.Consider approval of the bid tabulation and authorize the Mayor and City Manager to execute
a contract with New Look Contracting Inc., for the 70th Street Safe Routes to School project
in the amount of $624,672.75, and authorize the City Manager to approve contract changes
up to $175,000 without further City Council consideration. (Staff Report No.58)
City Council Meeting Minutes -4-May 13, 2025
F.Consider adoption of a resolution accepting a Safe Routes to School Infrastructure grant from
the Minnesota Department of Transportation (MnDOT) for intersection improvements along
64th Street and Russell Avenue in the area of Sheridan Hills Elementary. (Staff Report No.
59)
RESOLUTION NO. 12318
RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ACCEPT A SAFE ROUTES
TO SCHOOL INFRASTRUCTURE GRANT FROM THE MINNESOTA DEPARTMENT OF
TRANSPORTATION
G. Consider approval of a Maintenance Agreement with Nine Mile Creek Watershed District
(NMCWD) that defines ownership and maintenance responsibilities for certain stormwater
infrastructure in and surrounding Adams Hill Pond.
(Staff Report No. 60)
H.Consider approval of an agreement with Loeffler Construction LLC to perform construction
management services for improvements to Veterans Memorial Park, including the Richfield
Public Pool, and Ice Arena. (Staff Report No. 61)
I.Richfield 4th of July Committee celebration license application
(Staff Report No. 62)
MOTION: made by Council Member Coleman-Woods, seconded by Council Member Burk, to
approve the consent calendar.
Motion carried: 5-0
ITEM #6 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT
CALENDAR
None.
ITEM #7
CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING THE 90-DAY
SUSPENSION OF A TOBACCO LICENSE ISSUED TO LYNDALE PUMP N
MUNCH, LOCATED AT 6300 LYNDALE AVE S. FOR EGREGIOUS FLAVORED
PRODUCT AND UNDERAGE SALES VIOLATIONS. THE RECOMMENDED
SUSPENSION DATES ARE MAY 13, 2025, THROUGH AUGUST 11, 2025.
ALONG WITH THE SUSPENSION OF THE TOBACCO LICENSE, ANY
ADDITIONAL VIOLATIONS OF CITY CODE OR STATE LAW RELATING TO
THE OPERATION OF THE BUSINESS OR THE SALE OF TOBACCO
PRODUCTS BEFORE FEBRUARY 12, 2028, WILL RESULT IN IMMEDIATE
REVOCATION OF THE LICENSE. (STAFF REPORT NO. 63)
Council Member Hayford Oleary presented Staff Report 63.
City Attorney Tietjen reported that the staff’s initial recommendation was revocation of the license.
However, the licensee requested that the City consider a less severe penalty in the form of a
license suspension. Following extensive discussion, the staff, with reservations, agreed to a 90-day
suspension of the license.
Council Member Hayford Oleary opened the public hearing.
City Council Meeting Minutes -5-May 13, 2025
Mitchell Hadler, counsel for Lyndale Pump N Munch, acknowledged that his client is fully aware of
the seriousness of the situation. He stated that his client accepts full responsibility for the violations
and expressed sincere regret for the actions that led to them. Mr. Hadler requested that the Council
consider allowing the business to continue operating under certain conditions that they are prepared
to implement moving forward. He emphasized his client's desire for an opportunity to demonstrate
their commitment to compliance and improvement.
City Attorney Tietjen noted the licensee submitted a document of signatures in the form of a petition
showing support for the business.
MOTION: made by Council Member Hayford Oleary, seconded by Coleman-Woods to close the
public hearing.
Motion Carried: 5-0
Council expressed appreciation that the City Attorney was able to reach a resolution in this matter.
Council noted this is the fourth violation occurring under the current ownership at this location, which
is deeply concerning. Council shared parents in the community have expressed concern regarding
the products sold at the Lyndale Pump N Munch location, and that business compliance is expected
if the business desires to stay in operation in Richfield. Council and staff discussed training for
businesses out of compliance, with staff noting when there is a tobacco compliance failure, there is
a fine and a suspension. Staff also noted there is no training for tobacco in the State of Minnesota.
Council stated concern with the repeated violations and adherence to all applicable laws hereafter.
MOTION: made by Council Member Hayford Oleary, seconded by Council Member Coleman-
Woods, to adopt a resolution authorizing the 90-day suspension of a tobacco license issued to
Lyndale Pump N Munch, located at 6300 Lyndale Avenue South, for egregious flavored product and
underage sales violations, with recommended suspension dates are May 13, 2025, through August
11, 2025. Along with the suspension of the tobacco license, any additional violations of City code or
state law relating to the operation of the business or the sale of tobacco products before February
12, 2028, will result in immediate revocation of the license.
RESOLUTION NO. 12319
FINDINGS AND DECISION RELATED TO THE SUSPENSION OF THE TOBACCO LICENSE
OF LYNDALE PUMP N’ MUNCH (DBA “PUMP N’ MUNCH”) LOCATED AT 6300 LYNDALE
AVENUE SOUTH, RICHFIELD, MINNESOTA
Motion carried: 5-0
ITEM #8 CONSIDER A FIRST READING OF AN ORDINANCE RESTRICTING SHORT-
TERM RENTALS. (STAFF REPORT NO. 64)
Council Member Burk presented Staff Report 64.
Community Development Director Poehlman summarized the previous Council short-term rental
discussions and reviewed why the City wants to limit short-term rentals to properties where a
license holder is onsite.
MOTION: made by Council Member Burk, seconded by Mayor Supple, to approve the first reading
of an ordinance restricting short-term rentals to no less than one month unless the rental license
holder resides on the site.
City Council Meeting Minutes -6-May 13, 2025
Council noted the initial concerns prompting the Council’s consideration of short-term rental
regulations had stemmed from properties with high turnover and very short stays and typically
lasting one to two nights. Council noted minimum stays of one week versus one-month minimums.
MOTION TO AMEND: made by Council Member Hayford Oleary, seconded by Christensen to
amend the language in the short-term rental ordinance to include no less than a one week
minimum stay (7 days), and strike out no less than one month, within the original motion.
Council discussed lack of compliance regarding the Americans with Disabilities Act (ADA) and
regulation of short-term rentals, debated one-month stays versus one week stays, noted future
licensing options, the advantages of the 3% lodging tax, egregious short-term rental properties, and
effective date of the ordinance.
Voting Aye: Christensen, Coleman-Woods, and Hayford Oleary Voting Nay: Burk, Supple
Council Member Burk and Mayor Supple supported a one-month minimum stay.
Motion Carried: 3-2
The Council and staff engaged in a discussion regarding the effective date of the ordinance. Staff
explained that short-term rental licenses are issued on an annual basis and are not pro-rated,
which may result in increased licensing costs for certain properties. Staff also indicated that an
amendment to the effective date could be introduced at the ordinance’s second reading.
Council and staff discussed the lodging tax and the challenges of collecting the lodging fee tax for
the short-term rental properties and difficulty of enforcement. Council discussed short-term rental
application processes and including information on submitting the lodging fee tax.
Staff expressed concern about the potential challenges associated with enforcing a one-week
minimum stay requirement and noted the City will not be changing inspection procedures for
enforcing ADA compliance, as there is currently no mechanism in place to do so. Staff noted
reviewing ways to publish the tourism tax information more broadly and work with finance on that
process, and encourage short-term property owners to make efforts to comply with ADA
accessibility.
Council and staff discussed inspections that are completed for rental licenses and differences from
a fire inspections of a hotel or motel. Council requested clarification from staff on the extent to
which short-term rental operators are required to comply with the Americans with Disabilities Act
(ADA), and to what extent the City has a legal obligation to ensure that license holders are meeting
those requirements; and are these properties currently in violation for not being ADA compliant, or
are they exempt due to the nature of their use. If they are in violation, does the City bear any legal
responsibility to enforce compliance, or is this a matter that would be addressed between the
individual who was denied access and the property owner.
Council and staff discussed a more robust City Code section for ADA compliance for short-term
rental properties, staffing challenges, enforcement, and realistic expectations of what staff is able to
accomplish.
MOTION WITH AMENDMENT: made by Burk seconded by Supple, to approve the first reading of
an ordinance restricting short-term rentals to no less than one week (7 days), as amended, unless
the rental license holder resides site.
Motion Carried: 5-0
City Council Meeting Minutes -7-May 13, 2025
ITEM #9 CITY MANAGER’S REPORT
City Manager Rodriguez noted that she has nothing to report.
ITEM #10 CLAIMS AND PAYROLL
MOTION: made by Council Member Coleman-Woods, seconded by Council Member Hayford
Oleary, to approve the following claims and payrolls:
U.S. BANK 05/09/2024
A/P Checks: 335842-336236 $1,711,805.91
Payroll: 196468-196789; Manual checks
44138-44142 $1,082,833.47
TOTAL $2,794,639.38
Motion carried: 5-0
ITEM #11 HATS OFF TO HOMETOWN HITS
Council Member Coleman-Woods commended the Richfield High School baseball team for their
efforts in organizing a 100-inning tournament fundraiser, recognizing their hard work and community
spirit. She noted that the team successfully raised approximately $1,500 through the event.
Council Member Christensen shared the annual Richfield High School senior art exhibit will be taking
place at the community center.
Council Member Hayford Oleary added that in the last budget for the concrete project, they had
allocated more money for EDA updates to the sidewalks.
Council Member Burk had nothing to report.
Mayor Supple gave a hat's off to Council Member Hayford Oleary for becoming the District 5
representative to the Met Council Regional Land Use Advisory Committee. She also gave a hat's off
to resident Monica Byron, who is a teacher in Richfield and was just elected to be the president of
Education Minnesota. She also gave a hat's off to the Public Works Department for marking all lines
safely for the future project.
ITEM #12 ADJOURNMENT
MOTION: made by Council Member Coleman-Woods, seconded by Council Member Burk, to
adjourn the meeting at 8:47 p.m.
Motion carried: 5-0
Date Approved: May 27, 2025
City Council Meeting Minutes -8-May 13, 2025
Mary Supple
Mayor
Michelle Friedrich Katie Rodriguez
City Clerk City Manager