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06-27-2023 RegularCALL TO ORDER The meeting was called to order by Mayor Pro Tempore Trautmann at 7:00 p.m. in the Council Chambers. Council Members Present: Simon Trautmann Mayor Pro Tempore; Sharon Christensen; Sean Hayford Oleary; and Ben Whalen Council Members Absent: Mary Supple, Mayor Staff Present: Katie Rodriguez, City Manager; Mary Tietjen, City Attorney; Jay Henthorne, Public Safety Director/Police Chief; Jennifer Anderson, Support Services Manager; Chris Swanson, Management Analyst; and Dustin Leslie, City Clerk Others Present: Karole Kelly-Anstedt, Human Rights Commissioner; Joe Carr; Kim Jacobsen PLEDGE OF ALLEGIANCE Mayor Pro Tempore Trautmann led the Pledge of Allegiance. OPEN FORUM Mayor Pro Tempore Trautmann 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 Ruane Onesirosan, 2421 W 65th Street, spoke about the letter she circulated at the previous Council meeting to Council members and noted she might have misspoken, and the Minutes referred to $10,000 when it should have been $10 million. APPROVAL OF MINUTES M/Whalen, S/Christensen to approve the minutes with the correction of $10 million instead of $10,000 of the: (1) City Council Work Session of June 13, 2023; (2) City Council Meeting of June 13, 2023; (3) Special Closed Meeting of June 13, 2023; (4) Special Closed Meeting of June 15, 2023. CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Council Meeting June 27, 2023 City Council Meeting Minutes -2- June 27, 2023 Motion carried: 5-0 ITEM #1 PRESENTATION 2023 GENE AND MARY JACOBSEN CITIZEN OF THE YEAR PRESENTATION Karole Kelly-Anstedt, Human Right Commissioner, stated the Gene and Mary Jacobsen Citizen of the Year Award was given to a family, business, or individual that had shown outstanding community service, a commitment to human rights, or efforts to improve the community and make it a better place for all. Kim Jacobsen presented the Gene and Mary Jacobsen Citizen of the Year Award to Joe Carr. Mr. Carr thanked Ms. Jacobsen. Council Member Whalen thanked Mr. Carr for everything he had done for the schools and the community. He indicated the award could not go to a better person this year and he looked forward to many more years of everything Mr. Carr did for the community. Council Member Christensen stated it was nice to have someone like Mr. Carr getting the award as it showed how the community pulled together in positive ways. Council Member Hayford Oleary also thanked Mr. Carr for his work in the schools and his annual fundraiser. Mayor Pro Tempore Trautmann stated on behalf of the city they are grateful Mr. Carr was in the community and he was happy to honor him with this award. ITEM #2 APPROVAL OF THE AGENDA M/Whalen, S/Hayford Oleary to approve the agenda. Motion carried: 4-0 ITEM #3 RECEIPT OF THE CITY OF RICHFIELD ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDING DECEMBER 31, 2022 (STAFF REPORT NO. 84) Council Member Christensen presented Staff Report 84. Director Verma stated the annual financial audit was complete for 2022 and Caroline Stutsman was in attendance to present the audit results. Caroline Stutsman, BerganKDV Ltd., presented the 2022 audit results noting they believed the financial statements were fairly stated in all respects through December 2022. She indicated they dd not have any findings in relation to the internal controls either. M/Christensen, S/Hayford Oleary to accept the annual financial report for year ending December 31, 2022. City Council Meeting Minutes -3-June 27, 2023 Council Member Whalen stated on the last slide regarding the project numbers, he knew one project that skewed the statistics was the large underpass. He asked if the slide included all of the money that went towards that project or was it just the Richfield portion. Ms. Stutsman responded she believed it was just the Richfield project that was recorded. Council Member Whalen asked Ms. Stutsman to explain in layman’s terms a summary of what he knew she said. Ms. Stutsman explained they had to check all of the numbers and if there were any variations in what they looked at that would rise above certain levels, they would not be able to provide that opinion. She indicated they had checked all of the numbers and there were no material items that rose to the level for them to change their opinion. Mayor Pro Tempore Trautmann thanked Ms. Stutsman. He indicated in addition to making sure all the numbers add up, they are also evaluating their practices. He asked Ms. Stutsman to comment on that. Ms. Stutsman responded they follow the government auditing standards, and it was common for cities to have a written finding in regard to lack of segregation of accounting duties where internal controls overlap duties. She stated because they do not have that in writing indicated they had mitigating controls in place. Motion carried: 4-0 ITEM #4 CONSIDER THE APPROVAL OF A NEW ON-SALE WINE AND 3.2 PERCENT MALT LIQUOR LICENSE, WITH OUTSIDE SERVICES, FOR TOMA RICHFIELD, LLC, DBA TOMA MOJO GRILL, LOCATED AT 1700 66TH STREET EAST (STAFF REPORT NO. 80) Council Member Whalen presented Staff Report 80 and opened the public hearing. Paul Backer, owner of Toma Mojo Grill, stated this would be their second location. He indicated they served Mediterranean inspired food at relatively modest prices. He noted pending this decision, they were hoping for a full grand opening the weekend of July 14 with half off everything. M/Whalen, S/Hayford Oleary to close the public hearing. Motion carried: 4-0 M/Whalen, S/Christensen to approve the new on-sale wine and 3.2 percent malt liquor license, with outside services, for Toma Richfield, LLC, dba Toma Mojo Grill, located at 1700 66th Street East. Motion carried: 4-0 ITEM #5 APPROVE THE SECOND READING AND HOLD A PUBLIC HEARING FOR AN ORDINANCE APPROVING RENEWAL OF CABLE TELEVISION FRANCHISE WITH COMCAST OF MINNESOTA, INC. (STAFF REPORT NO. 81) Mayor Pro Tempore presented Staff Report 81 and opened the public hearing. Brian Grogan of Moss and Barnett stated he represented the Cable Commission. He reviewed the terms of the franchise and background of cable TV and the franchise fee. He indicated all municipalities in the future would be facing a decrease in revenue as subscribers go to broadband subscriptions. He stated the Cable Commission recommended approval of the document and Richfield was the fifth of five cities to address this issue. City Council Meeting Minutes -4- June 27, 2023 Ruane Onesirosan, 2421 W 65th Street, stated she had tried to keep abreast of Council proceedings via Channel 16, which was difficult to know which meetings got broadcast and how many times they were broadcast. She noted some meetings were not broadcast at all. M/Trautmann, S/Whalen to close the public hearing. Motion carried: 4-0 M/Trautmann, S/Christensen to approve an Ordinance approving renewal of cable television franchise with Comcast of Minnesota, Inc. BILL NO. 2023-4 ORDINANCE APPROVING RENEWAL OF CABLE TELEVISION FRANCHISE WITH COMCAST OF MINNESOTA, INC. Motion carried: 4-0 ITEM #6 SECOND READING OF A TRANSITORY ORDINANCE PROVIDING FUNDING FOR CERTAIN CAPITAL IMPROVEMENTS FROM THE LIQUOR CONTRIBUTION SPECIAL REVENUE FUND (STAFF REPORT NO. 82) Council Member Whalen presented Staff Report 82. M/Whalen, S/Christensen to approve a transitory ordinance providing funding for certain capital improvements from the liquor contribution special revenue fund. BILL NO. 2023-5 TRANSITORY ORDINANCE PROVIDING FUNDING FOR CERTAIN CAPITAL IMPROVEMENTS FROM THE LIQUOR CONTRIBUTION SPECIAL REVENUE FUND Motion carried: 4-0 ITEM #7 APPROVAL OF A RESOLUTION AMENDING THE ALLOCATION OF THE 2022 GENERAL FUND BUDGET (STAFF REPORT NO. 85) Council Member Hayford Oleary presented Staff Report 85. M/Hayford Oleary, S/Christensen to adopt a resolution amending the allocation of the 2022 general fund budget. RESOLUTION NO. 12106 RESOLUTION AMENDING THE ALLOCATION OF THE 2022 GENERAL FUND BUDGET Council Member Whalen thanked the Finance Director and everyone who made sure everything was done appropriately. Mayor Pro Tempore Trautmann echoed Council Member Whalen’s comments. Motion carried: 4-0 City Council Meeting Minutes -5- June 27, 2023 ITEM #8 SUMMARY OF THE CITY MANAGER’S ANNUAL PERFORMANCE EVALUATION FOR THE PERIOD OF JULY 2022 TO JUNE 2023, HELD ON JUNE 13 AND JUNE 15, 2023, AS REQUIRED BY MINN. STATUTES 13D.05 SUBD. 3(A), AND CONSIDER A RESOLUTION AMENDING THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF RICHFIELD AND CITY MANAGER KATIE RODRIGUEZ (STAFF REPORT NO. 83) Mayor Pro Tempore Trautmann presented Staff Report 83 and read a summary of the city manager’s annual performance evaluation. Council Member Christensen stated she appreciated the City Manager’s guidance, and she valued her friendship and knowledge. She thanked City Manager Rodriguez. Council Member Whalen stated he appreciated City Manager Rodriquez’s leadership through the strategic plan process. He indicated he felt they now had a plan. He thanked City Manager Rodriquez. Mayor Pro Tempore Trautmann stated when he joined the Council, they entered a season of significant change, and then the pandemic hit and the George Floyd upraising, so they had multiples crises. He thanked City Manager Rodriguez for her leadership during that period. He stated she was doing a great job and she reflected on the team she had pulled together. M/Trautmann, S/Hayford Oleary to adopt a resolution amending the employment agreement between the City of Richfield and City Manager Katie Rodriguez. RESOLUTION NO. 12107 RESOLUTION AMENDING THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF RICHFIELD AND CITY MANAGER KATIE RODGRIQUEZ Motion carried: 4-0 ITEM #9 CITY MANAGER’S REPORT City Manager Rodriguez thanked the Council and Mayor for their kind words. She indicated she felt very lucky to be with the city and noted she did not do anything alone and there was a team behind her. City Manager Rodriguez stated at the last meeting Ms. Onesirosan had concerns about the City’s HRA not following proper procedures in approving the conduit debt for the Upper Post Flats Development. She explained they had worked very closely with the Council, the HRA, and the attorneys, but they had gone back and reviewed everything and determined everything done was consistent with all the relevant laws and the Charter. City Manager Rodriguez stated at the last meeting Mr. Kunert had expressed an interest in opening a cannabis business in the city. She indicated she had reached out to them, and this will be discussed at the upcoming Council Work Session where Council will be given an update on the adult use cannabis bill. ITEM #10 CLAIMS AND PAYROLL City Council Meeting Minutes -6-June 27, 2023 M/Hayford Oleary, S/Whalen that the following claims and payrolls be approved: U.S. BANK 06/27/2023 A/P Checks: 314952 – 322315 $1,608,909.27 Payroll: 179378 – 179748 43649 $553,520.99 TOTAL $2,162,430.26 Motion carried: 4-0 ITEM #11 HATS OFF TO HOMETOWN HITS Council Member Hayford Oleary thanked two groups of residents who he met with recently where an update on what was going on in the city was given, how they could get involved in the City, and how to report things that they had concerns with. He noted if anyone wanted to organize a similar meeting, he was happy to join in the conversation. Council Member Christensen gave hats off to fellow City workers and the Public Works Department for the street sweeping during the horrendous air quality last week. Council Member Whalen gave hats off to the Richfield Leadership Network and everyone who hosted it. He noted the Community Service Commission and the City’s recreation staff had started gathering feedback about the splashpad and soon there would be a chance to go online to weigh in on the preferred design for it. Mayor Pro Tempore Trautmann lifted up the recent Juneteenth event. He stated it was a great event. He also agreed with Council Member Whalen with respect to the splashpad and noted a splashpad in the city was a big deal. ITEM #12 ADJOURNMENT M/Trautmann, S/Christensen to adjourn the meeting at 8:09 p.m. Motion carried: 4-0 Date Approved: July 11, 2023 Simon Trautmann Mayor Pro Tempore Dustin Leslie Katie Rodriguez City Clerk City Manager