10-10-2023 Regular
CALL 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;
Amy Markle, Recreation Services Director; Jay Henthorne,
Public Safety Director; Jennifer Anderson, Support Services
Manager; Chris Link, Public Works Deputy Director; Rachel
Lindholm, Sustainability Specialist; Chris Swanson,
Management Analyst; and Dustin Leslie, City Clerk
Others Present: Katrina Devore, Advisory Board of Health Commission
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
Kathleen Balaban stated she had spoken earlier in the year about the need for updating the
website for the Commissions. She noted not much had been done on this and requested the city add
photographs of the Commission members and do a general update on the websites to encourage
people to volunteer for a Commission and to give the Commissioners a sense of pride.
APPROVAL OF MINUTES
M/Whalen, S/Trautmann to approve the minutes of the: (1) City Council Work Session of
September 26, 2023; (2) City Council Meeting of September 26, 2023.
Motion carried: 5-0
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Council Meeting
October 10, 2023
City Council Meeting Minutes -2- October 10, 2023
ITEM #1
APPROVAL OF THE AGENDA
M/Trautmann, S/Hayford Oleary to move Item 11 after the Consent Agenda.
Motion carried: 5-0
ITEM #2
ADVISORY BOARD OF HEALTH COMMISSION ANNUAL PRESENTATION
GIVEN BY KATRINA DEVORE
Katrina Devore presented the annual Advisory Board of Health Commission report.
Council Member Whalen indicated he was excited to hear that conversations about mental
health were happening. He believed this was a great use of the Board’s time.
Mayor Supple thanked the Commission for all the work they have done.
ITEM #3
CONSENT CALENDAR
City Manager Rodriguez presented the consent calendar.
A. Consider approval of the first reading of an ordinance amending Chapter 9, Section 925 of
the Richfield City Code to include managed natural landscapes, ornamental plants, and rain
gardens as new definitions, as well as amending the maintenance standard of grass height
from 6” to 8” (Staff Report No. 128)
B. Consider the approval to renew the contract with Chief’s Towing, Inc., for Public Safety
towing services for December 1, 2023, through November 30, 2025 (Staff Report No. 129)
C. Consider the approval of a settlement agreement with 256 Holdings, LLC, Wendy’s
Properties, LLC, and Haza Foods of Minnesota, LLC for purchase of temporary and
permanent easements at 6500 Lyndale Ave S. (Staff Report No. 130)
D. Consider the approval of the lease agreement between the City of Richfield and Fortis
Academy, LLC for use of the training space at Richfield Ice Arena (Staff Report No. 131)
E. Consider the approval of an agreement between the Richfield Department of Public Safety
and The Axtell Group (Staff Report No.132)
M/Whalen, S/Hayford Oleary to approve the consent calendar.
Council Member Whalen stated for Item A he knew there were some residents who would be
excited about this, and under Item B, he liked the big picture visioning approach.
Motion carried: 5-0
ITEM #4
CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT
CALENDAR
City Council Meeting Minutes -3- October 10, 2023
None.
ITEM #11
CONSIDER THE APPROVAL OF THE SECOND READING OF AN ORDINANCE
AMENDING CHAPTER 8, SUBSECTION 840.13 OF THE RICHFIELD CITY
CODE TO PROHIBIT SMOKING IN PUBLIC PARKS AND DURING COMMUNITY
EVENTS. THE PROPOSED ORDINANCE INCLUDES ESTABLISHING A PETTY
MISDEMEANOR OFFENSE. (STAFF REPORT NO. 138)
Council Member Trautmann presented Staff Report 138.
Council Member Whalen thanked staff for all of their research on this. He clarified that
smoking in a car in a park was allowed, but smoking marijuana was prohibited.
Council Member Trautmann also thanked staff and also the Chief of Police for their work on
this policy and explained the reasons for the policy.
Council Member Hayford Oleary also thanked staff for their help with this policy. He hoped
everyone using the trails and streets would be respectful about this policy.
Mayor Supple expressed appreciation on how well researched this was and all of the
questions that have come up have been covered by their ordinances.
M/Trautmann, S/Hayford Oleary to approve an Ordinance amending subsection 840.13 of the
Richfield Code of Ordinances prohibiting smoking in public parks, on City-owned land, and during
community events and establishing a petty misdemeanor offense, and Resolution approving summary
publication of an Ordinance amending Chapter 8 of the City Code, and an Ordinance amending Chapter
8, Subsection 840.13 of the City Code.
BILL NO. 2023-12
AN ORDINANCE AMENDING SUBSECTION 840.13 OF THE RICHFIELD CODE OF
ORDINANCES PROHIBITING SMOKING IN PUBLIC PARKS, ON CITY-OWNED LAND, AND
DURING COMMUNITY EVENTS AND ESTABLISHING A PETTY MISDEMEANOR OFFENSE
RESOLUTION NO. 12137
RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDING
CHAPTER 8 OF THE CITY CODE
SUMMARY PUBLICATION
BILL NO. 19-34
AN ORDINANCE AMENDING CHAPTER 8, SUBSECTION 840.13 OF THE CITY CODE
Motion carried: 5-0
ITEM #5
City Council Meeting Minutes -4- October 10, 2023
PUBLIC HEARING AND CONSIDERATION OF THE SECOND READING OF A
PROPOSED ORDINANCE MODIFYING THE ELECTRIC AND GAS FRANCHISE
FEE. (STAFF REPORT NO. 133)
Whalen presented Staff Report 133 and opened the public hearing.
M/Whalen, S/Trautmann to close the public hearing.
Motion carried: 5-0
M/Whalen, S/Hayford Oleary to approve the second reading of an Ordinance modifying the
electric franchise fee on Northern States Power d/b/a Excel Energy for providing electric service within
the City of Richfield.
ORDINANCE NO. 2023-10
AN ORDINANCE MODIFYING THE ELECTRIC FRANCHISE FEE ON NORTHERN STATES
POWER D/B/A EXCEL ENERGY FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF
RICHFIELD
Motion carried: 5-0
M/Whalen, S/Hayford Oleary to approve an Ordinance modifying the gas franchise fee on
Centerpoint Energy for providing gas service within the City of Richfield.
ORDINANCE NO. 2023-11
AN ORDINANCE MODIFYING THE GAS FRANCHISE FEE ON CENTERPOINT ENERGY
FOR PROVIDING GAS SERVICE WITHIN THE CITY OF RICHFIELD
Motion carried: 5-0
M/Whalen, S/Hayford Oleary to approve a Resolution approving Summary Publication of an
Ordinance updating franchise fee schedules amending Appendix E: Articles II and III of the City Code;
and an Ordinance amending appendix E: Articles II and III of the City Code.
RESOLUTION NO. 12131
RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE UPDATING
FRANCHISE FEE SCHEDULES AMENDING APPENDIX E: ARTICLES II AND III OF THE CITY
CODE
SUMMARY PUBLICATION
BILL NO. 19-33
AN ORDINANCE AMENDING APPENDIX E: ARTICLES II AND III OF THE CITY CODE
Whalen stated he was very supportive of this and excited to have a sustainability budget.
Motion carried: 5-0
ITEM #6
City Council Meeting Minutes -5- October 10, 2023
CONDUCT AND CLOSE A PUBLIC HEARING AND BY MOTION: ADOPT A
RESOLUTION FOR SPECIAL ASSEMENTS FOR REMOVAL OF DISEASED
TREES FROM PRIVATE PROPERTY FOR WORK ORDERED FROM JANUARY
1, 2022 THROUGH DECEMBER 31, 2022 (STAFF REPORT NO. 134)
Council Member Hayford Oleary presented Staff Report 134 and opened the public hearing.
M/Hayford Oleary, S/Trautmann to close the public hearing.
Motion carried: 5-0
M/Hayford Oleary, S/Whalen to approve Resolution adopting assessment for the removal of
diseased trees from private property for work ordered from January 1, 2022, through December 31,
2022.
RESOLUTION NO. 12132
RESOLUTION ADOPTING ASSESSMENT FOR THE REMOVAL OF DISEASED TREES
FROM PRIVATE PROPERTY FOR WORK ORDERED FROM JANUARY 1, 2022, THROUGH
DECEMBER 31, 2022
Motion carried: 5-0
ITEM #7
PUBLIC HEARING AND CONSIDER RESOLUTIONS ADOPTING THE ANNUAL
INTERSTATE/LYNDALE/NICOLLET (ILN) PROJECT AREA ASSESSMENT AND
PROPOSED WORK FOR 2024. (STAFF REPORT NO. 135)
Council Member Trautmann presented Staff Report 135 and opened the public hearing.
M/Trautmann, S/Hayford Oleary to close the public hearing.
Motion carried: 5-0
M/Trautmann, S/Hayford Oleary to approve Resolution adopting assessment on Interstate-
Lyndale-Nicollet (ILN) project area for costs incurred to maintain the area for 2024.
Council Member Whalen stated there were quite a few dead ash trees. He asked if the
replantings would include taking down the trees. Staff responded that there were a lot of dead ash trees
along this corridor and there was a plan to remove those this winter along with a discussion on a
landscape plan for the corridor.
RESOLUTION NO. 12133
RESOLUTION ADOPTING ASSESSMENT ON INTERSTATE-LYNDALE-NICOLLET (ILN)
PROJECT AREA MAINTENANCE FOR 2024
Motion carried: 5-0
M/Trautmann, S/Hayford Oleary to approve Resolution adopting assessment on Interstate-
Lyndale-Nicollet (ILN) project area maintenance for 2024.
RESOLUTION NO. 12134
City Council Meeting Minutes -6- October 10, 2023
RESOLUTION ORDERING THE UNDERTAKING OF THE CURRENT SURFACE PROJECT
WITHIN THE ILM PROJECT AREA FOR 2024
Motion carried: 5-0
ITEM #8
PUBLIC HEARING RELATED TO THE PROPOSED RESOLUTION MODIFYING
THE STREET LIGHT USER FEES (STAFF REPORT NO. 136)
Christensen presented Staff Report 136 and opened the public hearing.
M/Christensen, S/Whalen to close the public hearing.
Motion carried: 5-0
Council Member Hayford Oleary stated he was hopeful that they will hear more details about
the LED upgrade program. He indicated he did not want to have a decrease in the level of light on the
streets.
ITEM #9
PUBLIC HEARING AND CONSIDER A RESOLUTION ADOPTING THE
PROPOSED ASSESSMENT FOR UNPAID GARBAGE COLLECTION SERVICES
FROM PRIVATE PROPERTY WITHIN THE RESIDENTIAL ORGANIZED
COLLECTION SYSTEM FROM AUGUST 1, 2022, TO JUNE 30, 2023. (STAFF
REPORT NO. 137)
Whalen presented Staff Report 137 and opened the public hearing.
An audience member stated they have not had garbage service because they take their garbage
to their son’s home, but they are still being charged for garbage service.
Joseph Buda, 6929 Park Avenue, stated he loved living in Richfield but the forced garbage
service in his opinion was a mistake. He noted after he moved to Richfield, he spent a lot of time
researching utility companies and chose the garbage service that was best for him and now the city
was forcing him to change services and there was nothing he could do about it. He indicated he would
be paying his overdue bill including late fees. He asked if the city could negotiate getting rid of some of
the late fees. He stated he wanted to go with a different garbage service provider in the future.
M/Whalen, S/Trautmann to close the public hearing.
Motion carried: 5-0
M/Whalen, S/Christensen to adopt a resolution adopting assessment for unpaid garbage
collection service from August 1, 2022, to June 30, 2023.
RESOLUTION NO. 12138
RESOLUTION ADOPTING ASSESSMENT FOR UNPAID GARBAGE COLLECTION
SERVICE FROM AUGUST 1, 2022 TO JUNE 30, 2023
Council Member Whalen reminded residents they can reach out to the City’s Sustainability
Specialist if they ever experience sub-par services.
City Council Meeting Minutes -7-October 10, 2023
Mayor Supple stated if residents paid off their balance between now and November 10, it will
not be sent to the County. Sustainability Specialist Lindholm stated if residents had any concerns,
they can reach out to her and she can also check for up to date status of any assessments.
Council Member Hayford Oleary noted once the garbage collection contract was up, could
they revisit late fee charges. Sustainability Specialist Lindholm responded that was correct.
Motion carried: 5-0
ITEM #10
PUBLIC HEARING AND CONSIDER A RESOLUTION ADOPTING THE
PROPOSED ASSESSMENTS OF DELINQUENT UTILITY ACCOUNTS, FALSE
ALARM CHARGES, PUBLIC HEALTH, OR SAFETY HAZARDS CHARGES,
WEED ERADICATION CHARGES, AND VACANT PROPERTY REGISTRATION
FEES TO BE CERTIFIED TO PUBLIC PROPERTY TAXES (STAFF REPORT NO.
140)
Hayford Oleary presented Staff Report 140 and opened the public hearing.
Steve Klosinski, 6433 Bloomington Avenue South, stated he loved Richfield. He indicated in
April he received a water bill for over $2,000 in which 160,000 gallons of water had been used. He
was told it was due to a leaky toilet, but he pressure tested all of the pipes in the house and there was
no evidence of a leak and no water damage. He noted he had been doing maintenance and
plumbing for years and had put in hundreds of toilet vales, and he was positive the toilet was not
leaking. He stated the amount of water used was incorrect and this was unreasonable. He indicated
he had reached out to the Council, staff, the Utilities Commission, and the Attorney General and
received no compassion. He asked for a negotiation of the $2,000 bill. He stated he disagreed with
the amount. He indicated he was extremely disappointed, and this was not what he had come to
expect from Richfield.
Chuck Strauch, 66th and Emerson, stated for the past couple of years he had been
receiving notices about the boulevard in front of his home. He stated he refused to mow the
boulevard due to safety concerns as it was just a few inches from moving cars going down the street,
and that it was not unilaterally enforced. He believed it was wrong for the city to expect him to risk his
life trying to mow the lawn.
M/Hayford Oleary, S/Whalen to close the public hearing.
Motion carried: 5-0
Hayford Oleary requested staff describe Mr. Klosinski situation. City Manager Rodriguez
noted leaking toilets could go through a lot of water. She encouraged residents to sign up for the
Water Smart Program which would let them know of any suspected leak. She noted Mr. Klosinski
had received at least two notices from the Water Smart Program that there might be a leak two billing
quarters before the $2,000 bill. She stated staff had gone out to the home and found that the toilet
chain wasn’t adjusted properly, and the water level was set to close to the overflow. She indicated the
water meter had also been tested by an independent testing company which showed it was within the
standards for a meter. She stated the same meter was reinstalled and it was showing normal usage
now.
M/Hayford Oleary, S/Whalen to adopt a resolution authorizing certification of unpaid water,
sanitary sewer, storm water, and street light charges, false alarm charges, weed eradication charges,
public health or safety hazard charges, and vacant property registration fees to the County Auditor to
be collected with other taxes on said properties.
City Council Meeting Minutes -8-October 10, 2023
RESOLUTION NO. 12136
RESOLUTION AUTHORIZING CERTIFICATION OF UNPAID WATER, SANITARY SEWER,
STORM WATER, AND STREET LIGHT CHARGES, FALSE ALARM CHARGES, WEED
ERADICATION CHARGES, PUBLIC HEALTH OR SAFETY HAZARD CHARGES, AND VACANT
PROPERTY REGISTRATION FEES TO THE COUNTY AUDITOR TO BE COLLECTED WITH
OTHER TAXES ON SAID PROPERTIES
Motion carried: 5-0
ITEM #12 CONSIDER THE APPOINTMENT OF A YOUTH MEMBER TO THE
SUSTAINABILITY COMMISSION (STAFF REPORT NO. 139)
Council Member Christensen presented Staff Report 139.
M/Christensen, S/Trautmann to approve the appointment of Patrick Skamser to the
Sustainability Commission as a youth commissioner.
Motion carried: 5-0
ITEM #13 CITY MANAGER’S REPORT
City Manager Rodriguez shared information regarding an email she had received from Alicia
Waters inviting the Council, family, friends, and neighbors to Veterans Park on October 15 at 11 a.m.
for a workday to complete the soft landing, laying down carboard and covering them with mulch. She
also indicated they would be doing another buckthorn pull on October 21 from 10 a.m. to 1 p.m.
City Manager Rodriguez wished Director Markle well in her new position. She summarized
Director Markle’s accomplishments.
Mayor Supple thanked Director Markle for everything she has done for the city.
Council Member Whalen echoed Mayor Supple’s comments.
Council Member Hayford Oleary also thanked Director Markle for her work for the city.
Council Member Trautmann thanked Director Markle and noted she has been an incredible
leader.
ITEM #14 CLAIMS AND PAYROLL
M/Whalen, S/Trautmann that the following claims and payrolls be approved:
U.S. BANK 10/10/2023
A/P Checks: 324094 - 324418 $1,443,858.45
Payroll: 182375 – 182677; 43663 $795,194.00
TOTAL $2,239,052.45
City Council Meeting Minutes -9-October 10, 2023
Motion carried: 5-0
ITEM #15 HATS OFF TO HOMETOWN HITS
Council Member Trautmann gave hats off to Director Mark le. He indicated there was a fall
fundraiser dinner on November 3 and encouraged everyone to get their tickets.
Council Member Hayford Oleary stated he was going to be at the bike park opening tomorrow
at Taft Park on the west side on the corner of 62nd in Bloomington.
City Manager Rodriguez read a comment by a resident at the previous meeting’s open forum
had been made regarding a new resident information packet, which staff was planning to update. She
noted staff’s workload is heavy right now, but it will get updated in the future.
Council Member Christensen stated she had attended the Richfield Renovation Home Tour, and
it was an enjoyable way to spend an afternoon. She noted on Saturday there is going to be Bark in the
Park.
Council Member Whalen stated he would also be at the bike park opening. He reminded
residents there was an election this year.
Mayor Supple stated on Saturday there would be the great pumpkin giveaway along with face
painting and other activities for kids at Fairwood Park from 10 a.m. to noon. She indicated the Chamber
of Commerce is hosting trunk or treat at Morris Nielsen Funeral Home on Saturday from 3 to 6 p.m.
She noted applications were being taken for City Commissions also.
ITEM #16 ADJOURNMENT
M/Trautmann, S/Whalen to adjourn the meeting at 8:18 p.m.
Motion carried: 5-0
Date Approved: October 24, 2023
Mary Supple
Mayor
Dustin Leslie Katie Rodriguez
City Clerk City Manager