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10-24-2023 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; Melissa Poehlman, Community Development Director; Chad Donnelly, Assistant Utility Superintendent; Jennifer Anderson, Support Services Manager; Chief; Chris Swanson, Management Analyst; and Dustin Leslie, City Clerk Others Present: Aric Bieganek and Larry Nelson, Arts Commission co-chairs; Eddie Holmvig-Johnson, Planning Commission Chair 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. ITEM #1 APPROVAL OF THE AGENDA M/Whalen, S/Trautmann to approve the minutes of the: (1) City Council Work Session of October 10, 2023; (2) City Council and Meeting of October 10, 2023. Motion carried: 5-0 ITEM #2 CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Council Meeting October 24, 2023 City Council Meeting Minutes -2- October 24, 2023 ARTS COMMISSION ANNU AL PRESENTATION GIVEN BY CO-CHAIRS ARIC BIEGANEK AND LARRY NELSON Co-Chairs Aric Bieganek and Larry Nelson presented the annual Art Commission report. Mayor Supple thanked the Arts Commission for all they did for the community. Council Member Whalen echoed Mayor Supple’s thanks to the entire Commission for growing and maintaining the Arts Commission over the last 9 years. Council Member Christensen thanked the Arts Commission and she appreciated being included in their decisions and ideas as the Council liaison. Council Member Trautmann echoed the other Council Members thoughts. He lifted up how the Commission has approached the arts in Richfield. ITEM #3 PLANNING COMMISSION ANNUAL PRESENTATION GIVEN BY CHAIR EDDIE HOLMVIG-JOHNSON Planning Commission Chair Eddie Holmvig-Johnson presented the annual Planning Commission report. Mayor Supple thanked them for all of their work and how everyone on the Commission took it seriously with their earnest discussions about how to do things the right way. Council Member Trautmann thanked the Commission and acknowledged their job was not always easy or comfortable, but it was very important. Council Member Whalen also expressed his thanks and indicated he appreciated all of the hard work the Commissioners put in. ITEM #4 CONSENT CALENDAR City Manager Rodriguez presented the consent calendar. A. Consider the first reading of proposed Franchise Ordinance and Agreement with CenterPoint Energy Minnesota Gas (“CenterPoint Energy”) allowing and setting terms for CenterPoint Energy’s use of the City right-of-way and setting the public hearing and second reading for November 28, 2023. (Staff Report No. 141) BILL NO. 2023-14 AN ORDINANCE GRANTING CENTERPOINT ENERGY RESOURCES CORP. D/B/A CENTERPOINT ENERGY MINNESOTA GAS (“CENTERPOINT ENERGY”), ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE TRANSPORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF GAS ENERGY FOR PUBLIC AND PRIVATE USE AND TO USE THE PUBLIC WAYS AND GROUNDS OF THE CITY OF RICHFIELD, COUNTY OF HENNEPIN, MINNESOTA, FOR SUCH PURPOSE; AND, PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF City Council Meeting Minutes -3- October 24, 2023 M/Whalen, S/Christensen to approve the consent calendar. Motion carried: 5-0 ITEM #5 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR None. ITEM #6 CONSIDER THE APPROVAL OF THE SECOND 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. 142) Council Member Trautmann presented Staff Report 142. Council Member Hayford Oleary stated he believed this made a lot of sense for Richfield. M/Trautmann, S/Whalen to approve an Ordinance Amending Subsection 925.06 of the Richfield Code of Ordinances Relating to Public Nuisances and Lawn Maintenance and Allowing Managed Natural Landscapes Pursuant to State Law BILL NO. 2023-13 AN ORDINANCE AMENDING SUBSECTION 925.06 OF THE RICHFIELD CODE OF ORDINANCES RELATING TO PUBLIC NUISANCES AND LAWN MAINTENANCE AND ALLOWING MANAGED NATURAL LANDSCAPES PURSUANT TO STATE LAW Motion carried: 5-0 ITEM #7 CITY MANAGER’S REPORT City Manager Rodriguez shared information regarding Kathleen Balaban’s suggestions at the last meeting regarding putting pictures of the Commissioners on the Commission’s pages and in the recruitment material. She stated that was already in the works and it is on the long list of things to do. She stated they would be doing group photos, but they did need to get the Commissioner’s approval to even put a group photo up. ITEM #8 CLAIMS AND PAYROLL M/Trautmann, S/Whalen that the following claims and payrolls be approved: U.S. BANK 10/19/2023 City Council Meeting Minutes -4-October 24, 2023 A/P Checks: 324419-324775 $3,427,597.49 Payroll: 182682 – 182994; 43664 – 43666 $814,281.38 TOTAL $4,241,878.87 Motion carried: 5-0 ITEM #9 HATS OFF TO HOMETOWN HITS Council Member Whalen encouraged everyone to vote. Clerk Leslie summarized the expanded voting hours for the final weeks. Council Member Christensen gave hats off to Girl Scout Troop 18102 and also Penn Nutrition who were collecting through the month of November clothing and household items for the Epilepsy Foundation. Council Member Hayford Oleary noted the new bike park was a well-used amenity and praised how nice the opening of the bike park was. Council Member Trautmann noted the Friends of Wood Lake fundraising dinner is November 3. Mayor Supple thanked the Lakeshore Drive Condominiums Resident Association for their hospitality. She noted it was a great discussion with questions and feedback given. She gave a shout out to County Attorney Moriarty for hosting the suburban Mayors talk about different public safety initiatives. She noted there were still commissioner openings. ITEM #10 CLOSED SESSION WITH THE CITY COUNCIL FOR AN ATTORNEY-CLIENT PRIVILEGE DISCUSSION PURSUANT TO MINN. STAT. 13D.05, SUBD. 3(B) TO DISCUSS THE CITY’S OPTIONS TO PARTICIPATE IN MULTI-DISTRICT LAWSUIT AND RELATED CLASS SETTLEMENTS ENTITLED: IN RE: AQUEOUS FILM FORMING FOAMS PRODUCTS LIABILITY LITIGATION; UNITED STATES DISTRICT COURT, DISTRICT OF SOUTH CAROLINA – CHARLESTON DIVISION; MDL NO. 2:18-MN-2873-RMB; CASE NO. 2:23-CV- 03147-RMG, CASE NO. 2:23-CV-03230-RMG M/Hayford Oleary, S/Christensen to move to a closed session in the backroom for the purposes of discussing an attorney client privilege to discussion pursuant to Minn. Stat. 13D, Subd. 3(b) to discuss the City’s options to participate in multi-district lawsuit and related class settlements entitled: In Re: Aqueous film forming foams products liability litigation; Unite d States District Court, District of South Carolina – Charleston Division; MDL No. 2:18-mn-2873-RMB; Case No. 2:23-CV-03147-RMG, Case No. 2:23-CV-03230-RMG. Motion carried: 5-0. Mayor Supple reconvened the regular meeting and noted Council conducted a closed session with respect to discussing an attorney client privilege to discussion pursuant to Minn. Stat. 13D, Subd. 3(b) to discuss the City’s options to participate in multi-district lawsuit and related class settlements entitled: In Re: Aqueous film forming foams products liability litigation; Unites States District Court, District of South Carolina – Charleston Division; MDL No. 2:18-mn-2873-RMB; Case No. 2:23-CV- 03147-RMG, Case No. 2:23-CV-03230-RMG. City Council Meeting Minutes -5-October 24, 2023 ITEM #11 ADJOURNMENT M/Whalen, S/Trautmann to adjourn the meeting at 8:04 p.m. Motion carried: 5-0 Date Approved: November 14, 2023 Mary Supple Mayor Dustin Leslie Katie Rodriguez City Clerk City Manager