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12-12-2023 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; Simon Trautmann; Sean Hayford Oleary; and Ben Whalen Staff Present: Katie Rodriguez, City Manager; Mary Tietjen, City Attorney; Jay Henthorne, Public Safety Director/Police Chief; Jennifer Anderson, Health Administrator; Karl Huemiller, Recreation Services Director; Chris Swanson, Management Analyst; and Dustin Leslie, City Clerk Others Present: BJ Skoog, Richfield Leadership Network 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 There were no participants. APPROVAL OF MINUTES M/Trautmann, S/Christensen to approve the minutes of the: (1) City Council Work Session of November 28, 2023; (2) Special City Council Meeting of November 28, 2023; (3) Regular City Council Meeting of November 28, 2023. Motion carried: 5-0 ITEM #1 APPROVAL OF THE AGENDA CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Council Meeting December 12, 2023 City Council Meeting Minutes -2- December 12, 2023 M/Hayford Oleary, S/Whalen to approve the agenda. Motion carried: 5-0 RE-OPEN OPEN FORUM Mayor Supple re-opened the Open Forum. City Manager Rodriguez read a written statement from Henrik Kowalkowski, 6721 Lakeview Avenue, stating he was a relatively new City resident. He stated he was attracted to the city by its great pedestrian cycling and automotive infrastructure. He urged the Council to support lowered speed limits both in the Citywide proposal and the 30-mph zone on 77th street as he believed this would help all three modes of transportation (walking, biking, vehicle). He indicated he enjoyed walking and biking around the city, but there were a few streets such as 77th Street which made him uncomfortable. Brendan Kennealy, 7114 Columbus Avenue, stated he was a resident and Planning Commission member, and he expressed support for the lower speeds in the city, specifically for setting 77th Street at 30 mph. ITEM #2 PRESENTATION OF EDWINA GARCIA COMMUNITY BUILDER AWARD AND PROCLAMATION TO BJ SKOOG Mayor Supple invited BJ Skoog to accept the proclamation and read aloud the proclamation. Mr. Skoog thanked the Mayor, Council Members, city staff, and Miss Garcia for the legacy she left for the city. Council Member Trautmann stated Mr. Skoog had impacted generations in the city. He thanked Mr. Skoog for his service to the city. Council Member Whalen thanked Mr. Skoog for his leadership in the city. Mayor Supple stated Mr. Skoog had been an inspiration to all of them and thanked him for everything he had done for the city. ITEM #3 CONSENT CALENDAR City Manager Rodriguez presented the consent calendar. A. Consider the approval of the renewal of the 2024 licenses for On-Sale Intoxicating, Club, Wine, and 3.2 Percent Malt Liquor Licenses (Staff Report No. 165) On-Sale Intoxicating/Club/Sunday License Holders El Tejaban Fireside Foundry Frenchman’s Pub Giordano’s City Council Meeting Minutes -3-December 12, 2023 Los Sanchez Taqueria Lyndale Smokehouse Pizza Luce Protagonist Kitchen and Bar V.F.W. (Club) On-Sale Wine, On-Sale 3.2 Percent License Holders Davanni’s Joy’s Pattaya Kataki My Burger Patrick’s Bakery Red Pepper Sandy’s Tavern Toma Mojo Grill B.Consider approving the renewals of the 2024 licenses for Off-Sale 3.2 Percent Malt Liquor and Secondhand Goods Dealers doing business in Richfield (Staff Report No. 166) Secondhand Goods Dealers Licenses to sell 3.2 Precent Malt Liquor – OFF SALE GameStop Assal/Winer Gas/Pump N Munch Wedding Day Diamonds La Vaquita 2 La Vaquita Short Stop Portland Food Mart Target Corporation C.Consider the adoption of a resolution accepting grants and donations received by the Richfield Recreation Services and Community Development Department in 2023 and authorize staff to administer the funds in accordance with any applicable grant agreements and terms prescribed by donors (Staff Report No. 167) RESOLUTION NO. 12156 RESOLUTION AUTHORIZING ACCEPTANCE OF GRANTS RECEIVED BY THE CITY OF RICHFIELD-RECREATION SERVICES AND COMMUNITY DEVELOPMENT DEPARTMENTS AND TO AUTHORIZE THE CITY TO ADMINISTER THE FUNDS IN ACCORDANCE WITH GRANT AGREEMENTS AND TERMS PRESCRIBED BY DONORS D.Consider the approval of a resolution establishing a new Special Revenue Fund to track receipt and spending of one-time public safety aid included in 2023 MN State omnibus tax bill (Staff Report No. 168) RESOLUTION NO. 12157 RESOLUTION AUTHORIZING ESTABLISHMENT OF NEW SPECIAL REVENUE FUNDS TO TRACK STATE PUBLIC SAFETY AID FUNDS E.Consider approval of a resolution establishing a Street Light User Fee Fund to track operations of the street lighting system (Staff Report No. 169) RESOLUTION NO. 12158 RESOLUTION AUTHORIZING ESTABLISHMENT OF NEW SPECIAL REVENUE FUNDS TO TRACK OPERATION OF STREET LIGHTING SYSTEM City Council Meeting Minutes -4- December 12, 2023 F. Consider approval of the Covid-19 Response Services Agreement first amendment with the City of Bloomington (Staff Report No. 170) G. Consider the approval of a fourth amendment to the agreement with the City of Bloomington for the provision of public health services for the City of Richfield for 2024 (Staff Report No. 171) H. Consider the approval of a resolution of opposition of proposed legislation HR 2557 (“American Broadband Act of 2023”) that would limit cities’ rights-of-way compensation and management authority, zoning powers, cable franchising authority, and property rights and would provide broadband providers an unprecedented access to state and local public property without any requirements to sere “unserved” and “underserved” community members. (Staff Report No. 172) RESOLUTION NO. 12159 RESOLUTION OPPOSING H.R. 3557, THE AMERICAN BROADBAND ACT OF 2023 I. Consider approval of a contract with Flock Safety and the Richfield Department for Public Safety for the Implementation of cameras throughout the City. (Staff Report No. 173) J. Consider approval of a contract renewal with Adesa Minneapolis for 2023-2024 for auctioning forfeited vehicles from Public Safety/Police. (Staff Report No. 174) K. Consider the adoption of a resolution authorizing Richfield Public Safety/Police Department to accept donations from the listed agencies, businesses, and private individuals for designated uses. (Staff Report No. 175) RESOLUTION NO. 12160 RESOLUTION AUTHORIZING RICHFIELD PUBLIC SAFETY/POLICE DEPARTMENT TO ACCEPT DONATIONS FROM THE LISTED AGENCIES, BUSINESSES, AND PRIVATE INDIVIDUALS FOR DESIGNED USES M/Trautmann, S/Whalen to approve the consent calendar. Mayor Supple thanked everyone who has made donations. She thanked staff for coming up with a more efficient way to renew all the licenses. Motion carried: 5-0 ITEM #4 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR None. ITEM #5 PUBLIC HEARING AND CONSIDER TO APPROVE THE RENEWAL OF 2024 PAWNBROKER AND SECONDHAND GOODS DEALER LICENSES FOR METRO PAWN & GUN, INC., 7529 LYNDALE AVENUE SOUTH (STAFF REPORT NO. 176) City Council Meeting Minutes -5-December 12, 2023 Christensen presented Staff Report 176 and opened the public hearing. John Coons, Manager at Metro Pawn, stated he didn’t have any questions but was present in the event Council did. M/Christensen, S/Trautmann to close the public hearing. Motion carried: 5-0 M/Christensen, S/Trautmann to approve the renewal of 2024 Pawnbroker and Secondhand Goods Dealer licenses for Metro Pawn & Gun, Inc., 7529 Lyndale Avenue South. Council Member Trautmann thanked him for coming in. Mayor Supple thanked him for cooperating with the City’s Public Safety Departments. She noted Metro Pawn had a good reputation and she appreciated that. Motion carried: 5-0. ITEM #6 CONSIDER CONFIRMATION OF THE APPOINTMENT OF KARL HEUMILLER AS RECREATION SERVICES DIRECTOR FOR THE CITY OF RICHFIELD (STAFF REPORT NO. 183) Council Member Whalen presented Staff Report 193. City Manager Rodriguez noted this was a very competitive process which involved ten staff people on the panels, and she felt confident in her recommendation of Mr. Heumiller. M/Whalen, S/Hayford Oleary to confirm the appointment of Karl Heumiller as the Recreation Services Director for the City of Richfield. Motion carried: 5-0 ITEM #7 CONSIDER APPROVAL OF AN AGREEMENT BETWEEN THE CITY OF RICHFIELD AND HGA FOR PROFESSIONAL SERVICES IN THE DESIGN OF WOOD LAKE NATURE CENTER (STAFF REPORT NO. 177) Trautmann presented Staff Report 177 and opened the public hearing. M/Trautmann, S/Hayford Oleary to authorize the Mayor and City Manager to finalize and execute a contract in the amount of $1,685,296 between the City of Richfield and HGA to perform professional services in the design and construction administration of a new building for Wood Lake Nature Center and authorize the City Manager to approve contract changes up to $175,000 without further City Council consideration. Motion carried: 5-0 City Council Meeting Minutes -6-December 12, 2023 ITEM #8 CONSIDER APPROVAL OF A SECOND READING OF AN ORDINANCE AMENDING SECTION 2305 OF THE RICHFIELD CITY CODE, AUTHORIZING THE CITY ENGINEER TO SET SPEED LIMITS ON MUNICIPAL ROADWAYS (STAFF REPORT NO. 178) Hayford Oleary presented Staff Report 178. M/Hayford Oleary, S/Whalen to approve the second reading of an ordinance amending Section 1305 of the Richfield City Code, authorizing the City Engineer to set speed limits on municipal roadways. BILL NO. 2023-18 AN ORDINANCE AMENDING CHAPTER XIII OF THE RICHFIELD CODE OF ORDINANCES PERTAINING TO PARKING AND TRAFFIC Council Member Whalen stated the speed limit in the city would be 25 mph nearly everywhere, except for the north/south roads of Penn, Nicollet, and Portland as well as the east/west roads of 66 and 77 on the east side, and then up to 76. Council Member Hayford Oleary stated the speed on the County Roads were not being changed with this Ordinance. He indicated he supported this Ordinance, and he thanked staff for their efforts on this. Council Member Trautmann stated this was a good policy and it was a big deal for parents who were raising children in the City. He indicated this would create a safer enforcement for the children, senior citizens, and for people who move slower. He stated this does not inconvenience residents either and he supported the Ordinance. Mayor Supple stated she was struggling with the speed for 76 to 77th, so she reached out to people who lived along 77th Street as they were the most impacted to get some feedback. She indicated most of the residents agreed that 40 mph was way too fast, and this recommendation would drop that speed which the residents were happy about. She indicated those residents were supportive of lowering the speed limits across the city. She stated an educational campaign was going to be critical to avoid enforcement issues. She indicated she had received a lot of questions about how people would be educated regarding the new speed limits. She stated the residents wanted to make sure the city was monitoring all of this so there were no unintended consequences. Motion carried: 5-0 ITEM #9 CONSIDER A SECOND READING AND SUMMARY PUBLICATION OF AN ORDINANCE AMENDMENT TO ALLOW MICRO UNITS AS AN ACCESSORY USE TO APPROVED RELIGIOUS INSTITUTIONS (STAFF REPORT NO. 179) Trautmann presented Staff Report 179. M/Trautmann, S/Christensen to approve the second reading of an ordinance amendment to allow micro units as an accessory use to approved religious institutions, and approve a resolution authorizing summary publication of said ordinance. City Council Meeting Minutes -7-December 12, 2023 BILL NO. ___ AN ORDINANCE AMENDMENT MODIFYING VARIOUS SECIONTS OF THE ZONING CODE IN RELATION TO “SACRED COMMUNITIES” Council Member Hayford Oleary stated there was no value in opposing this as the State would force the city to do it anyway, even though he believed there were better ways for Richfield to address affordable housing but he would support this as that is what the State had told the City to do. Mayor Supple asked what would happen if the State Statutes changed. Attorney Tietjen responded the way this was written was that if the Statute were changed or repealed, staff would go back and either make the changes to the City’s Ordinance or it would no longer be allowed if it were repealed. Mayor Supple agreed with Council Member Hayford Oleary and there was no point in opposing this or having a public hearing if the City had no authority to change anything, which she did not think was a good thing to do. Motion carried: 5-0 ITEM #10 CONSIDER ADOPTION OF A RESOLUTION RESCINDING THE DESIGNATION OF LYNDALE AVENUE FROM 62ND STREET TO 77TH STREET AS AN “URBAN DISTRICT” PURSUANT TO MINNESOTA STATUTES, SECTION 169, EFFECTIVE JUNE 15, 2024 (STAFF REPORT NO. 180) Council Member Christensen presented Staff Report 180. M/Christensen, S/Hayford Oleary to adopt the resolution rescinding the designation of Lyndale Avenue from 62nd Street to 77th Street as an “urban district” pursuant to Minnesota Statutes, Section 169.14, effective June 15, 2024. RESOLUTION NO. 12161 RESOLUTION RESCINDING RESOLUTION NO. 11750 WHICH DESIGNATED LYNDALE AVENUE FROM 62ND STREET TO 77TH STREET AS AN URBAN DISTRICT EFFECTIVE JUNE 15, 2024. Council Member Whalen asked why June 15 was chosen as the date for the new rules to go into effect. Director Asher stated that date was chosen so staff to make all the speed limit changes at the same time. Engineer Powers explained the reasoning including it would be more consistent and a better public education policy to set all the speeds and change everything at the same time. He indicated June 15 was chosen to allow staff the time to roll out the public education campaign as well as obtaining all the physical materials needed to change out the signage and changing traffic signal timing. Council Member Hayford Oleary asked if the signs would be put up on June 15 and be ready to be enforced. Engineer Powers noted the plan was to roll out signage over a few weeks, but they would be enforced starting June 15. Council Member Hayford Oleary stated this was a good direction to go and he was in support of it. Motion carried: 5-0 City Council Meeting Minutes -8-December 12, 2023 ITEM #11 CONSIDER ALTERNATIVE TO THE STAFF RECOMMENDATION TO SET THE SPEED LIMIT ON 76TH AND 77TH STREETS TO 35 MILES PER HOUR AND ADOPT A RESOLUTION DESIGNATING 76TH STREET FROM XERXES AVENUE TO 77TH STREET AND 77TH STREET FROM 76TH STREET TO HIGHWAY 77 AN “URBAN DISTRICT” PURSUANT TO MINNESOTA STATUTES, SECTION 169.14, AND SET THE SPEED LIMIT AT 30 MILES PER HOUR EFFECTIVE JUNE 15, 2024. (STAFF REPORT NO. 182) Council Member Whalen presented Staff Report 182. M/Whalen, S/Hayford Oleary to approve resolution designating 76th Street from Xerxes Avenue to 77th Street and 77th Street from 76th Street to Highway 77 an “urban district” pursuant to Minnesota Statutes, Section 169.14, and set the speed limit at 30 miles per hour effective June 15, 2024. RESOLUTION NO. 12170 RESOLUTION AUTHORIZING THE DESIGNATION OF 76TH STREET FROM XERXES AVENUE TO 77TH STREET AND 77TH STREET FROM 76TH STREET TO HIGHWAY 77 AS AN URBAN DISTRICT AND ORDERING INSTALLATION OF 30MPH SPEED LIMIT SIGNS ALONG THE CORRIDOR IN THE CITY OF RICHFIELD EFFECTIVE JUNE 15, 2024 Council Member Hayford Oleary thanked staff for their work on this and was in support of the change. He acknowledged more work needed to be done, but he believed this was a good first step. He believed the east end of the city needed the same consideration. Council Member Trautmann talked about Council Member Hayford Oleary’s commendation. He noted it was a profound injustice the way the city had been constructed and the highways had been built the way that were. He believed by lowering the speed limit, it would make the city more livable, and he was eager for the communication part of this. He stated he would be supporting it. Council Member Whalen echoed what had been said. He indicated he was not sure the east side of 77 would be a strong choice for bike riding, but there were a lot of people who walked along 77th Street and he agreed there was more to be done for safety. He believed this was the right step. Council Member Trautmann noted by lowering the speed limit, this was adding years to children’s independent play by making the roads slower and safer. Mayor Supple stated she had been struggling with this. She agreed mistakes had been made with the initial road construction, but she wanted to be careful about unintended consequences. She indicated when she had spoken with people in the area, they were happy with 35 or 30 mph, and she personally would like to go with 35 mph. She asked staff monitor this for unintended consequences and make sure it was done correctly. She understood she was going to be outvoted on this but still noted she would prefer a speed limit of 35 mph. Mayor Supple stated if all the Council Members voted yes to this, the speed limit would be 30 mph, but if they voted no, then it would go back to the previous staff recommendation (35 mph). Motion carried: 4-1 (Supple). City Council Meeting Minutes -9- December 12, 2023 ITEM #12 CONSIDER RESOLUTIONS APPROVING THE 2023 REVISED/2024 PROPOSED BUDGETS, TAX LEVY, AND RELATED RESOLUTIONS (STAFF REPORT NO. 182) Hayford Oleary presented Staff Report 182. City Manager Rodriguez stated the budget process was a long process and a lot of discussions had been had. She presented a few highlights from the Truth in Taxation meeting. She indicated local government aid helped to keep the levy increases lower than other cities with a 5.8 percent increase. She thanked Finance Director Verma, the department heads, and staff for their work on the budget. She thanked the Council and the community for their review, questions, and guidance on the budget. M/Hayford Oleary, S/Whalen to approve resolution Authorizing Revision of 2023 Budget of Various Departments and approve resolution adopting a budget and tax levy for the year 2024. RESOLUTION NO. 12163 RESOLUTION AUTHORIZING BUDGET REVISIONS Council Member Whalen stated he did not think the city should apologize for investing in important things. He acknowledged people were not excited about their taxes going up, but there were many challenges the City faced. He highlighted some of the programs and things the city invested in over the year. Council Member Hayford Oleary stated he was grateful to the taxpayers for funding and the most important goal was funding the City appropriately. He indicated he supported the budgets. He thanked Director Verma and her department for their work on this. Council Member Trautmann stated he was proud of the infrastructure investments the city had made. He thanked staff and Director Asher for working on the infrastructure. Mayor Supple agreed with her colleagues and thanked staff and the taxpayers for allowing them to do the long-term planning. Council Member Christensen thanked the staff. She stated for Richfield being a small community, they did give a lot to the surrounding area. Motion carried: 5-0 ITEM #15 CITY MANAGER’S REPORT City Manager Rodriguez congratulated Mr. Skoog and indicated it was well deserved. She stated she had provided an update at the last Council meeting regarding Mr. Sather’s concerns about short-term rentals and staff was also communicating directly with him. She indicated Mayor Supple had followed up directly with Mr. Ernster who expressed concerns about micro-units. She stated Ms. Best had made comments at the last Council meeting regarding changes to the TIF district for the RF 65 project, which was answered at that meeting. She gave hats off to Mayor Supple who went above and beyond in getting back to the residents the past couple of weeks. City Council Meeting Minutes -10-December 12, 2023 ITEM #16 CLAIMS AND PAYROLL M/Trautmann, S/Whalen that the following claims and payrolls be approved: U.S. BANK 12/07/2023 A/P Checks: 325320-325637 $1,602,197.10 Payroll: 183607-183927; 43677-43731 $783,152.74 TOTAL $2,385,349.84 Motion carried: 5-0 ITEM #17 HATS OFF TO HOMETOWN HITS Council Member Whalen hoped everyone a happy holiday season whatever version people celebrated. He thanked the Communications Director for the holiday themed events coming up. He reminded residents of the ongoing good efforts to share what was happening in the city. Council Member Christensen stated the last indoor Holiday Market at Veterans Park was coming up. She recommended Lito’s Burritos for their breakfasts. Council Member Hayford Oleary wished everyone Happy Holidays. Council Member Trautmann talked about the farm produce at the Holiday Market. He indicated the Holiday Market was a great place to find Christmas gifts. Mayor Supple reminded the residents if they were interested in serving on the HRA or EDA the City was accepting applications through December 15. She thanked Jennifer Anderson who provided resources to a resident in crisis. She noted the Holiday Lights Parade was December 14. She thanked various members and businesses in the city for their work on community service events. ITEM #18 ADJOURNMENT M/Hayford Oleary, S/Trautmann to adjourn the meeting at 8:26 p.m. Motion carried: 5-0 Date Approved: January 9, 2024 Mary Supple Mayor Dustin Leslie Katie Rodriguez City Clerk City Manager