08-08-2023 RegularCALL 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; and Sean Hayford
Oleary
Council Members
Absent:
Simon Trautmann and Ben Whalen
Staff Present: Acting City Manager, Sack Thongvanh, 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
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
Acting City Manager Thongvanh noted five letters had been received commenting on the
Ordinance amending Chapter 11, Section 1146. He stated seven letters had been received in support
and one letter was against it. He stated the letters of support were from the Advocate for Better Health
Association for Non-Smokers, Blue Cross Blue Shield, Minnesota Cancer Alliance, Minnesota Menthol
Coalition, Parents Against Vaping E-cigarettes, and the American Heart Association. He noted the one
letter against was a coalition of neighborhood retailers.
Mayor Supple clarified that the neighborhood retailers were against the part that prohibited the
transfer of businesses and they wanted the City to only ban vaping products.
Gina DiMaggio requested the City consider repurposing the current Real Fun Rentals facility for
a restaurant with a large patio and roll up “garage doors” so families did not leave Richfield to dine with
their children. She noted this facility was close to the playground, the Farmers Market, the pool, the ice
arena, as well as the future redevelopment of the American Legion site. She believed Richfield had an
untapped opportunity to generate revenue and add a valuable amenity to the City.
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Council Meeting
August 8, 2023
Council Meeting Minutes -2- August 8, 2023
Ruane Onesirosan, 2421 West 65th Street, indicated she had not received the document City
Manager Rodgriguez said was mailed to her at the July 25 Council meeting. She disputed the comment
that bond documents relating to bond issuance were commonly dated the first date of the month and
presented five documents from Ellers noting none of those documents were dated the first of any month.
She thanked the City for providing her information regarding Council Member’s salary and benefits.
She stated in her opinion, the Council misused consent agendas and bypassed discussion on items,
which left residents “out of the loop”. She requested staff report 97 on the Consent Agenda be removed
and opened for discussion for residents who wanted to speak against it.
Jenny Song, Blue Cross Senior Communication Consultant, stated she was speaking on behalf
of Bukata Hayes. She read a statement from Mr. Hayes voicing his support for the proposed Ordinance
to prohibit the sale of flavored and menthol tobacco products and to cap retail tobacco licenses. He
urged the Council Members to support the Ordinance.
Alicia Leizinger stated she supported the proposed Ordinance to end the sale of flavored
tobacco in Richfield and cap the number of tobacco licenses and urged the Council Members to support
the Ordinance.
Jasmine, 2400 West 6th Street, stated she did not support the Ordinance to stop the sale of
flavored tobacco products and limiting the number of tobacco licenses due to the Ordinance having
drastic effects on the businesses in Richfield. She believed the proposed Ordinance was hasty,
reactive, and unnecessary. She urged the Council Members to hold off moving forward.
Jaime Rojas, National Association Tobacco Outlet, stated he was in opposition to the Ordinance
to ban flavored tobacco products as written. He indicated many of Richfield’s retailers were immigrants
who put their hard-earned savings into opening up a business, provide jobs, pay taxes, and hoped to
save for their future through their business. He requested the Council slow the process down and focus
on banning disposable flavored vape products. He requested the Council not include prohibiting the
license transfer.
Abdalla Y Tobasi, owner of the Holiday Gas Station, stated he found out when he purchased
the store that the highway exit might be closing and now the City was considering a tobacco flavor ban.
He stated this would be hard for him to get his business remodeled and keep it going. He stated flavored
tobacco products were a large part of his business and he did not target kids to purchase the products.
He noted he had not seen any data from the cities that had banned flavored tobacco products that it
changed anything. He believed this would create a black market in Richfield for these products.
Aisha Abraham, Eagan High School Senior, stated she was at the meeting on behalf of the
Minnesota Youth Council. She indicated the Minnesota Youth Council was glad Richfield was
considering the Ordinance to end the sale of flavored tobacco products. She encouraged the Council
to approve the Ordinance.
Mark Olson, Knox Street, expressed his support for the Ordinance to ban flavored tobacco
products from Richfield. He requested the Council vote in favor of the Ordinance.
Sena Geleto, Intern at North Point Health and Wellness and a student at the University of
Minnesota, stated she was in support of the Ordinance to ban flavored tobacco products and to cap the
number of tobacco licenses in Richfield. She noted hookah use was not unique to any community or
culture, but it was becoming common among young people from different backgrounds who were not
using the hookah for cultural reasons. She indicated hookah use was addictive and had negative health
implications. She urged the Council to support the Ordinance.
Mark Olson, owner operator Richfield Melco on 68th and Penn, stated youth vaping issues
should not be up to the local government to overturn by prohibiting the sale of flavored tobacco products.
He stated his store did not sell flavored tobacco products. He noted youth rates of tobacco products
Council Meeting Minutes -3- August 8, 2023
were historically low and declining by retailers not selling tobacco products to underage people. He
requested Council reconsider the blanket ban on flavored tobacco products. He stated prohibiting
license transfers would also hurt small businesses. He noted the ability to transfer a license was a
valuable asset for the future sale of his business. He requested Council reconsider the Ordinance and
slow down the process. He also requested Council allow the existing business owners to transfer their
license to the next owner only.
APPROVAL OF MINUTES
M/Hayford Oleary, S/Christensen to approve the minutes of the: (1) City Council Work Session
of July 25, 2023; (2) City Council Meeting of July 25,2023.
Motion carried: 3-0
ITEM #1
PROCLAMATION CELEBRATING RON COTTONE
Mayor Supple invited Dana Anderson to accept the proclamation and read aloud the
proclamation.
Ms. Anderson thanked the City for the Proclamation and noted Mr. Cottone was an amazing
person.
ITEM #2
APPROVAL OF THE AGENDA
M/Hayford Oleary, S/Christensen to approve the agenda.
Motion carried: 3-0
ITEM #3
CONSENT CALENDAR
Acting City Manager Thongvanh presented the consent calendar.
A. Consider a request to amend a Conditional Use Permit to increase the capacity of the
preschool and daycare at 7132 Portland Avenue to 330 children (Staff Report No. 93)
B. Consider adoption of a resolution approving a special request to allow the relocation of a
billboard at 7731 – 4th Avenue South (Blaylock Plumbing) (Staff Report No. 94)
RESOLUTION NO. 12114
RESOLUTION APPROVING A SPECIAL REQUEST TO
ALLOW THE RELOCATION OF A BILLBOARD AT 7731
– 4TH AVENUE SOUTH (BLAYLOCK PLUMBING)
C. Consider the approval of an easement agreement for perpetual easements on four roadways
that border the tax parcels containing ISD #280’s STEM and Dual Language Elementary
Schools (Staff Report No. 103)
Council Meeting Minutes -4- August 8, 2023
D. Consider adoption of a resolution identifying the need for Livable Communities Transit
Oriented Development funding and authorizing an application for grant funds on behalf of
the Aster Commons development located at 6613-25 Portland Avenue (Staff Report No. 97)
RESOLUTION NO. 12112
RESOLUTION IDENTIFYING THE NEED FOR LIVABLE
COMMUNITIES TRANSIT ORIENTED DEVELOPMENT
FUNDING AND AUTHORIZING AN APPLICATION FOR
GRANT FUNDS ON BEHALF OF THE ASTER
COMMONS DEVELOPMENT LOCATED AT 6613-25
PORTLAND AVENUE
E. Consider the approval of the 2023-2024 Emergency Preparedness agreement with the City
of Bloomington using public health emergency preparedness grant funds distributed by a
federal grant from the Centers for Disease Control, to provide services in the area of public
health emergency preparedness/bioterrorism and the development of a response system
(Staff Report No. 98)
F. Consider a resolution supporting a request for a state bonding funds to fund the City’s portion
of costs to reconstruct Nicollet Ave from 77th Street to 66th Street (Staff Report No. 103)
RESOLUTION NO. 12115
RESOLUTION SUPPORTING A REQUEST FOR STATE
BONDING TO FUND THE CITY’S PORTION OF COSTS
TO RECONSTRUCT NICOLLET AVE FROM 77TH
STREET TO 66TH STREET
M/Christensen, S/Hayford Oleary to approve the consent calendar.
Motion carried: 3-0
ITEM #4
CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT
CALENDAR
None.
ITEM #5
PUBLIC HEARING AND CONSIDERATION OF A SECOND READING OF AN
INTERIM ORDINANCE AUTHORIZING A STUDY AND IMPOSING A
MORATORIUM ON THE OPERATION OF CANNABIS BUSINESSES IN THE
CITY, WHICH WILL EXPIRE ON JANUARY 1, 2025 OR UPON THE CITY’S
RECEIPT OF AN APPLICATION FROM THE OFFICE OF CANNABIS
MANAGEMENT FOR A CANNABIS BUSINESS WITHIN THE CITY OF
RICHFIELD, WHICHEVER OCCURS FIRST, UNLESS REPEALED EARLIER BY
THE CITY COUNCIL. (STAFF REPORT NO. 100)
Council Member Hayford Oleary presented Staff Report 100 and opened the public hearing.
Larry Ernster, 6727 Elliott Avenue South, indicated he was in support of the Ordinance, but
proposed the Council consider going back to their original statement regarding the expiration date of
the moratorium.
Council Meeting Minutes -5- August 8, 2023
M/Hayford Oleary, S/Christensen to close the public hearing.
Motion carried: 3-0
M/Hayford Oleary, S/Christensen to approve the second reading of an Interim Ordinance
Authorizing a Study and Imposing a Moratorium on the Operation of Cannabis Businesses within the
City of Richfield to expire on January 1, 2025 or upon the City’s receipt of an application from the Office
of Cannabis Management for cannabis business within the City of Richfield, whichever occurs first
unless repealed earlier by the City Council and approval resolution authorizing summary publication of
said Ordinance
BILL NO. 2023-7
AN INTERIM ORDINANCE AUTHORIZING A STUDY AND IMPOSING A MOATORIUM ON
THE OPERATION OF CANNABIS BUSINESSES WITHIN THE CITY OF RICHFIELD
RESOLUTION NO. 12116
RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE
AUTHORIZING A STUDY AND IMPOSING A MORATORIUM ON THE OPERATION OF CANNABIS
BUSINESSES UNTIL JANUARY 1, 2025
Council Member Hayford Oleary inquired about language in section 4 of the moratorium. He
asked how that interacted with the change they made last time. Attorney Tietjen responded the State
law would supersede the Ordinance and if staff received an application from the Office of Cannabis
Management, that would trigger the automatic expiration that was written into the Ordinance. She
indicated with an amendment to the motion, they could strike that and make that consistent so there
was no conflicting language. She recommended to amend Section Four to add something that refers
to the automatic expiration for clarification.
M/Hayford Oleary, S/Christensen to amend the motion on the table to remove the sentence that
starts with accordingly during the period that the Ordinance is in effect and ending with to engage in the
operation of a cannabis business. Removing the part about the City being prohibited from engaging in
the application and simply keep the part about no business shall operate the cannabis business during
the moratorium being in affect.
Attorney Tietjen stated Council should be careful if they want to add something in the language
in Section Four. She noted the moratorium would automatically expire upon the receipt of an application
from the Office of Cannabis Management. Attorney Tietjen did not want to eliminate staff’s ability to turn
away applications if received during the moratorium.
Council Member Hayford Oleary withdrew his motion to amend and suggested they add the
clause as described by the City Attorney notwithstanding the automatic exploration described in the
section.
M/Hayford Oleary, S/Christensen to add the clause as described by the City Attorney
notwithstanding the automatic exploration described in the section.
Amended Motion carried: 3-0
Council Member Hayford Oleary stated he had strongly opposed what might seem like a
similar moratorium regarding the edible hemp products, but he believed this was different because
this was giving the City time to react to this new law and protect from potentially illegal sales.
Council Meeting Minutes -6-August 8, 2023
Mayor Supple requested the City Attorney review the change that was made after the first
reading. City Attorney Tietjen responded the language that was changed was in Section 8 of the
Ordinance adding language that the moratorium would expire on January 1, 2025, or upon the City’s
receipt of an application from the Office of Cannabis Management for a cannabis business within the
City, whichever occurred first. She indicated the Council still had the option to repeal the Ordinance
anytime earlier than that if they wanted.
Mayor Supple stated she believed this gave the City time to be thoughtful and to figure out
what the rules were going to be. She indicated she would support the moratorium.
Original Motion carried: 3-0
ITEM #6
CONSIDER THE SECOND READING OF A TRANSITORY ORDINANCE
REPEALING ORDINANCE 19.26, WHICH AUTHORIZED A STUDY AND
IMPOSED A MORATORIUM ON THE SALE OF EDIBLE CANNABINOID
PRODUCTS (STAFF REPORT NO. 99)
Council Member Christensen presented Staff Report 99. and opened the public hearing
M/Christensen, S/Christensen to approve to approve a Transitory Ordinance Repealing
Transitory Ordinance 19.26 that Authorized a Study and imposed a Moratorium on the Sale of Edible
Cannabinoid Products
BILL NO. 2023-6
A TRANSITORY ORDINANCE REPLEALING TRANSITORY ORDINANCE 19.26 THAT
AUTHORIZED A STUDY AND IMPOSED A MORATORIUM ON THE SALE OF EDIBLE
CANNABINOID PRODUCTS
Mayor Supple stated Council Member Whalen asked that a statement be read for Items 5, 6,
and 7 which Council Member Hayford Oleary read indicating Council Member Whalen supported all
three actions.
Council Member Hayford Oleary stated he supported this also.
Mayor Supple stated she also supported this.
Motion carried: 3-0
ITEM #7
CONSIDER THE SECOND READING OF AN ORDINANCE AMENDING
CHAPTER 11, SECTION 1146 OF THE RICHFIELD CITY CODE TO INCLUDE
ELIMINATING THE SALE OF FLAVORED PRODUCTS AND CAPPING THE
NUMBER OF TOBACCO LICENSES. (STAFF REPORT NO. 101)
Council Member Hayford Oleary presented Staff Report 101. and opened the public hearing.
M/Hayford Oleary, S/Christensen to approve an Ordinance Amendment Modifying Section 1146
of the Richfield City Code in Relation to Flavored Products.
BILL NO. 2023-8
Council Meeting Minutes -7-August 8, 2023
AN ORDINANCE AMENDMENT MODIFYING SECTION 1146 OF THE RICHFIELD CITY
CODE IN RELATION TO FLAVORED PRODUCTS
Council Member Hayford Oleary thanked everyone for their comments. He stated he was
choosing to prioritize public health care and he realized they were putting a burden on small
businesses. He noted they were trying to lead by example and accept some of the financial pain
because it is the right thing to do for public health. He explained that the city would also feel the
impacts of these actions as they will not allowing the sale of any tobacco products possibly toward the
start of next year in the City liquor stores.
Mayor Supple echoed Council Member Hayford Oleary’s comments. She acknowledged this
would have an effect on the small business owners. She believed the overriding concern was for
public health and they needed to do what was best for the long-term health of the community. She
stated she would support the Ordinance.
Council Member Christensen thanked the youth comments received tonight. She believed this
Ordinance would be good for the community.
Motion carried: 3-0
ITEM #8 CITY MANAGER’S REPORT
Acting City Manager Thongvanh stated he had not additional updates.
ITEM #9 CLAIMS AND PAYROLL
M/Hayford Oleary, S/Christensen that the following claims and payrolls be approved:
U.S. BANK 08/04/2023
A/P Checks: 322891 – 323151 $3,325,143.51
Payroll: 180879 – 181263, 43657 $565,371.24
TOTAL $3,890,514.75
Motion carried: 3-0
ITEM #10 HATS OFF TO HOMETOWN HITS
Council Member Christensen highlighted the annual ice cream social on August 12 from 2 p.m.
to 6 p.m. at the Richfield Historical Society.
Council Member Hayford Oleary thanked the Ward 2 residents who welcomed him at Night to
Unite. He stated on August 9 there would be a fun, slow paced, family oriented 5-mile ride around
Richfield starting at 6:30 p.m. in front of the Richfield bandshell.
Mayor Supple stated Night to Unite was a fabulous gathering. She thanked everyone involved
in the event. She gave a shout out to the Mosaic Hockey Collective, who represented well on Good
Morning America. She thanked everyone who participated in the Urban Wildlife 5k and half marathon.
She stated there was still an opening on the HRA and applications would be taken through August 13.
Council Meeting Minutes -8-August 8, 2023
She indicated on August 17 from 4 p.m. to 7 p.m. they were having a Unity in the Community Celebration
at the Christian Park bandshell. She gave hats off to the Nine Mile Creek Watershed District.
ITEM #11 ADJOURNMENT
M/Hayford Oleary, S/Christensen to adjourn the meeting at 8:21 p.m.
Motion carried: 3-0
Date Approved: September 12, 2023
Mary B. Supple
Mayor
Dustin Leslie Katie Rodriguez
City Clerk City Manager