09-27-2022 City Council Agenda-amendedR EG U LAR C IT Y C O U N C IL MEET IN G
R IC H F IE L D MU N IC IPAL C E N TE R, C O U N C IL C H AMB E R S
S E P TEMB E R 27, 2022
7:00 P M
IN TR O D U C TO RY P R O C E E D IN G S
C all to order
P ledge of A llegiance
Open forum
C all into the open forum by dialing 1-415-655-0001 U se webinar access code: 2455 052 3981 and password:
1234.
P lease refer to the C ouncil A genda & M inutes web page for additional ways to submit comments.
A pprove the Minutes of the: (1) S pecial C losed C ity C ouncil Meeting of S eptember 13, 2022; (2) C ity C ouncil Work
S ession of S eptember 13, 2022; and (3) Regular C ity C ouncil Meeting of S eptember 13, 2022.
P R E S E N TATIO N S
1.P roclamation recognizing L G B TQ+ History Month
AG E N D A APPR O VAL
2.A pproval of the A genda
3.Consent Calendar contains several separate items, which are acted upon by the City Council in one
motion. Once the Consent Calendar has been approved, the individual items and recommended
actions have also been approved. No further Council action on these items is necessary. However, any
Council Member may request that an item be removed from the Consent Calendar and placed on the
regular agenda for Council discussion and action. All items listed on the Consent Calendar are
recommended for approval.
A .C onsider the adoption of a resolution authorizing acceptance of Office of Traffic S afety (OTS ) funds for an
extension on an original four-year grant to fully fund an officer dedicated for D W I enforcement in Richfield.
S taff Report No. 137
B .C onsider approval of the purchase of five (5) F ord Hybrid S UV P olice Interceptor vehicles for P ublic
S afety from Tenvoorde F ord, Inc., for $224,804.40 plus destination, tax, title, and license fees.
S taff Report No. 138
C .C onsider the approval of the first reading of an ordinance adopting S ection 625 of the C ity C ode
P rohibiting C onversion Therapy for Minors and Vulnerable A dults
S taff Report No. 139
4.C onsideration of items, if any, removed from C onsent C alendar
PUBLIC HEARINGS
5. Public hearing and consider the approval of new On-Sale Wine and 3.2 Percent Malt Liquor licenses for Kataki,
located at 6401 Nicollet Avenue.
Staff Report No. 141
PROPOSED ORDINANCES
Second reading and summary publication of an ordinance amending Sections 617 (Food Establishments)
618 (Lodging Establishments), and 619 (Public Pools) of the Richfield City Code to update regulations to
be consistent with delegated State requirements and miscellaneous edits for clarity related to food
establishments, lodging establishments, and public pools.
Staff Report No. 142
7. Second reading and summary publication of an ordinance amending the Richfield Zoning Code to update
regulations for electric vehicle chargers
Staff Report No. 143
8. Consider the approval of an interim ordinance authorizing a study and imposing a one year moratorium on
cannabis products.
Staff Report No. 140
CITY MANAGER’S REPORT
9. City Manager's Report
CLAIMS AND PAYROLLS
10. Claims and Payroll
COUNCIL DISCUSSION
11. Hats Off to Hometown Hits
12. Adjournment
Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at
least 96 hours in advance to the City Clerk at 612-861-9739.
6.
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Special Closed City Council
Meeting
September 13, 2022
CALL TO ORDER
The special closed meeting was called to order by Mayor Regan Gonzalez at 5:30 p.m. in the
Bartholomew Room.
Council Members
Present:
Maria Regan Gonzalez, Mayor; Mary Supple; Simon Trautmann (5:33 p.m.);
Sean Hayford Oleary; and Ben Whalen
Council Members
Absent:
None
Staff Present:
Katie Rodriguez, City Manager; Mary Tietjen, City Attorney; Jay Henthorne,
Police Chief/Public Safety Director; Sack Thongvanh, Assistant City
Manager; and Kari Sinning, City Clerk
Others Present: Derrick Schluck, League of MN Cities Claims Adjuster and Jason Hiveley,
Attorney from Iverson Reuvers
ITEM #1
A SPECIAL CLOSED CITY COUNCIL MEETING PURSUANT TO MINNESOTA
STATUTES SECTION 13D.05, SUBD. 3(B) RELATED TO THE
PENDING LAWSUIT ENTITLED ASHLEY QUINONES V. CITY OF RICHFIELD, ET
AL.
Attorney Hiveley updated the Council about the pending lawsuit.
ADJOURNMENT
The special closed meeting was adjourned by unanimous consent at 6:02 p.m.
Date Approved: September 27, 2022
Maria Regan Gonzalez
Mayor
Kari Sinning Katie Rodriguez
City Clerk City Manager
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
City Council Work Session
September 13, 2022
CALL TO ORDER
The work session was called to order by Mayor Regan Gonzalez at 6:06 p.m. in the
Bartholomew Room.
Council Members
Present:
Maria Regan Gonzalez, Mayor; Mary Supple; Simon Trautmann; Sean
Hayford Oleary; and Ben Whalen
Council Members
Absent:
None
Staff Present: Katie Rodriguez, City Manager; Mary Teitjen, City Attorney; Jay Henthorne,
Public Safety Director/Police Chief; Jennifer Anderson, Support Services
Manager; Melissa Poehlman, Community Development Director; Ellen
Cutter, Business Licensing Clerk; Chris Swanson, Management Analyst; and
Kari Sinning, City Clerk.
Mayor Regan Gonzalez introduced the topic for discussion for the work session and turned it
over to City Manager Rodriguez.
ITEM #1
PRESENTATION AND DISCUSSION OF RECOMMENDATIONS REGARDING
MINNESOTA'S NEW CANNABINOID LAW
City Manager Rodriguez turned over the work session to Police Chief Henthorne and Support
Services Manager Anderson who gave a presentation that overviewed what we know about the
statute, League of Minnesota Cities recommendations, the concerns and options for Council
consideration, and staff recommendations.
Council Member Trautmann asked if the option to ban the product would be for sales and/or
possession. City Attorney Tietjen shared that other cities have not taken that approach and stated that
it would be a prohibition on the sale of the products which would have to include a very detailed
ordinance with findings that support the banning of the product in our City.
Council Member Supple expressed concern for youth having access to the products and
supported a moratorium which would give time to study the issue and to allow the State time to add
regulation and the eventual licensing of sellers. She suggested that the products be sold behind a
counter and that those that sell be of legal age.
Council Member Hayford Oleary stated that a moratorium is not a helpful approach because
the surrounding cities are planning on licensing which could still cause public safety issues here and
would take opportunities away from Richfield businesses. He agreed with the concerns of Council
Member Supple in regards to protecting our youth. He expressed support for limited licensing that
would support Richfield businesses.
City Council Work Session Minutes -2- September 13, 2022
Council Member Whalen appreciated the comments of Council Members Supple and Hayford
Oleary and questioned the need for the moratorium. Chief Henthorne shared that the moratorium
would allow staff to research the licensing structure that works for the specific product since there are
so many unknowns. Manager Anderson stated that the moratorium would be helpful to create the
ordinance specific to Richfield and would be less confusion to retailers if we were to implement and
then revise. City Attorney Teitjen clarified that the moratorium would be an active pause that would
allow the City to work towards finding a solution and that the moratorium could be up to a year and
can be repealed once a licensing structure is adopted.
Council Member Trautmann supported the recommendation of the moratorium given our
limited resources. He shared concerns for the health and safety of children and does not want to
create criminal records for children if they are in possession of the products. He asked if restaurants
would be able to offer edible cannabinoid products. Manager Anderson stated the products are legal
at this point and it would be up to our discretion to decide who sells the products.
Council Member Hayford Oleary emphasized that this product is already available and that a
moratorium would affect those businesses that already have the products for sale or want to sell the
products as they might be losing customers during a moratorium. He asked if age checks of
identification would be much like purchasing spray paint. Chief Henthorne stated they are required to
check identification for spray paint due to an ordinance and the police department does conduct
compliance checks of which there would be an administrative penalty if they failed. Council Member
Hayford Oleary asked if that would be an option for edible cannabinoid products. Chief Henthorne
stated that other cities have not done an administrative licensing due t o the type of product and that it
is too early to tell if there will be state oversight.
Council Member Whalen shared concerns on how the moratorium would help reduce youth
use and possession since the moratorium would be for the sale of the product. Chief Henthorne
shared there is no way to test the products on the spot to enforce the legality of the product. Council
Member Whalen expressed that there is not a clear answer of whether or not a moratorium is the best
decision and wondered about the thoughts of the Mayor.
Mayor Regan Gonzalez shared her support of the moratorium due to a cost benefit analysis,
short-term impact for potential future gain, and limited resources. She expressed the need for a better,
clear cut understanding of the moratorium and how the concerns of the community could be
addressed.
Council Member Trautmann asked if adults could buy products for minors currently. Chief
Henthorne shook his head in the affirmative. Council Member Whalen stated an urgency to
specifically address possession by minors. City Attorney Teitjen shared that the City of Mankato
passed an ordinance that specifically addressed underage possession and how it would be enforced.
Council Member Trautmann thanked City Attorney Teitjen for sharing that comment because it
addresses underage possession but does not create more drug-oriented criminal records.
Council Member Hayford Oleary commented on the licensing fee being affordable. Chief
Henthorne spoke about the need for testing protocols to come from the State for the regulation of the
products and for law enforcement.
Manager Anderson summarized the next steps by stating that staff would be to actively be
working on the ordinance and licensing during the moratorium. Attorney Tietjen stated that the
language for the moratorium could be available as soon as the next council meeting.
Council Member Whalen asked other Council Members if there was interest regarding an
ordinance specifically related to minor possession. Mayor Regan Gonzalez asked if it could be
prioritized. Manager Anderson stated that the specifics of purchase, use, and possession would be
included in the ordinance language and considered at the same time.
Mayor Regan Gonzalez thanked staff for their work and research.
City Council Work Session Minutes -3- September 13, 2022
ADJOURNMENT
Mayor Regan Gonzalez adjorned the work session at 6:49 p.m.
Date Approved: September 27, 2022
Maria Regan Gonzalez
Mayor
Kari Sinning Katie Rodriguez
City Clerk City Manager
CALL TO ORDER
The meeting was called to order by Mayor Regan Gonzalez at 7:00 p.m. in the Council
Chambers.
Council Members
Present:
Maria Regan Gonzalez, Mayor; Mary Supple; Simon Trautmann; Sean
Hayford Oleary; and Ben Whalen
Council Members
Absent:
None
Staff Present:
Katie Rodriguez, City Manager; Mary Tietjen, City Attorney; Melissa
Poehlman, Community Development Director; Sack Thongvanh, Assistant
City Manager; Jay Henthorne, Public Safety Director/Police Chief; Jennifer
Anderson, Support Services Manager; Ellen Cutter, Business Licensing
Clerk; Mike Dobesh, Fire Chief; Chris Swanson, Management Analyst; and
Kari Sinning, City Clerk
Others Present: Mara Glubka, Human Rights Commissioner; Jon Wickett, Richfield Historical
Society; Amber Lattanzio, Richfield Historical Society
PLEDGE OF ALLEGIANCE
Mayor Regan Gonzalez led the Pledge of Allegiance.
OPEN FORUM
Mayor Regan Gonzalez 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/Whalen, S/Hayford Oleary to approve the minutes of the: (1) City Council Work Session of
July 26, 2022; (2) Joint City Council and Charter Commission Work Session of August 10, 2022; (3)
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Council Meeting
September 13, 2022
City Council Meeting Minutes -2- September 13, 2022
Regular City Council Meeting of August 10, 2022; (4) Special City Council Meeting of August 17,
2022; and (5) Special City Council Work Session of August 17, 2022.
Motion carried: 5-0
ITEM #1
PROCLAMATION CELEBRATING HISPANIC AMERICAN MONTH
Mayor Regan Gonzalez invited Commissioner Glubka to accept the proclamation and read
aloud the proclamation.
Council Member Trautmann recognized the Puerto Rican attorney that drafted the
proclamation, Walter Burke, who is also the Human Rights Commissioner Chair.
Council Member Supple stated that this should be celebrated all the time not during one month
and to celebrate the diversity within the Latino community.
Mayor Regan Gonzalez spoke about the local political Latino representation that Richfield has
had over the years that is unlike any other city in the state.
ITEM #2
PROCLAMATION OF THE CITY OF RICHFIELD FOR NEL SWANSON
Mayor Regan Gonzalez invited Jon Wickett Richfield Historical Society to accept the
proclamation and read aloud the proclamation. Jon Wickett was honored to accept the proclamation
on her behalf and shared a brief anecdote.
Council Member Whalen shared a memory of Nel Swanson and the pride that she had for this
community.
Council Member Supple expressed gratefulness for Nel Swanson as a mentor and mentioned
that Nel Swanson was the first black educator in Richfield Public Schools. She thanked the Historical
Society for this well-deserved honor.
Mayor Regan Gonzalez added that Nel Swanson was influential for herself and the community
at large.
ITEM #3
PROCLAMATION CELEBRATING THE BARTHOLOMEW HOUSE’S 170TH
BIRTHDAY
Mayor Regan Gonzalez read aloud the proclamation and presented it to Jon Wickett and
Amber Lattanzio. Jon Wickett shared information of Riley Bartholomew and invited the community to
attend the celebration event on Saturday.
Council Member Trautmann thanked and recognized the Historical Society for the land
acknowledgement, the history of the Bartholomew House in the proclamation, and for the good works
the Historical Society does for the community.
ITEM #4
APPROVAL OF THE AGENDA
City Council Meeting Minutes -3- September 13, 2022
M/Supple, S/Trautmann to approve the agenda.
Motion carried: 5-0
ITEM #5
CONSENT CALENDAR
City Manager Rodriguez presented the consent calendar.
A. Consider approval of the 2022-2023 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/bio-terrorism and the development of a response system.
(Staff Report No. 117)
B. Consider the approval of a first reading of an ordinance amending Sections 617, 618 and
619 of the Richfield City Code to update regulations to be consistent with delegated State
requirements and miscellaneous edits for clarity related to food establishments, lodging
establishments, and public pools. (Staff Report No. 118)
C. Consider the approval of the continuation of an agreement with the City of Bloomington for
the provision of food, pools, lodging, therapeutic massage and body art establishment
inspection services for the City of Richfield for 2023. (Staff Report No. 119)
D. Consider the approval of the fourth amendment to the Site Lease Agreement at 6700
Portland Avenue between the City of Richfield and Sprint Spectrum Realty Company, LLC
(successor in interest to Sprint Spectrum LP., a Delaware limited partnership) modify
equipment and request for the addition of an automatic five (5) year automatic Renewal
Term. (Staff Report No. 120)
E. Second Reading of an Ordinance Amending Section 300 and Section 1220 of the City
Code of Ordinance relating to the Abolishment of the Liquor Department and Liquor
Operations Director Position Within the City Organization. (Staff Report No. 121)
BILL NO. 2022-11
ORDINANCE AMENDING SECTION 300 AND SECTION 1220 OF THE CODE OF
ORDINANCES RELATING TO THE ABOLISHMENT OF THE LIQUOR DEPARTMENT
AND LIQUOR OPERATIONS DIRECTOR POSITION WITHIN THE CITY ORGANIZATION
F. First reading of an ordinance amendment modifying regulations for Electric Vehicle
charging. (Staff Report No. 122)
G. Consider the approval of setting a public hearing to be held on September 27, 2022, to
consider the issuance of new On-Sale Wine and 3.2 Percent Malt Liquor licenses for
Kataki, located at 6401 Nicollet Avenue. (Staff Report No. 123)
H. Consider a resolution approving a Grant Compliance Agreement, and related documents,
between the City and Minnesota Independence College and Community for use of a
Livable Communities Demonstration Act grant. (Staff Report No. 124)
RESOLUTION NO. 11996
RESOLUTION APPROVING LOAN DOCUMENTS
RELATED TO LIVABLE COMMUNITIES DEMONSTRATION
City Council Meeting Minutes -4- September 13, 2022
GRANT FROM METROPOLITAN COUNCIL FOR
MINNESOTA INDEPENDENCE COLLEGE AND
COMMUNITY
I. Consider the adoption of a resolution establishing an absentee ballot board and appointing
election judges for the General Election of November 8, 2022. (Staff Report No. 125)
RESOLUTION NO. 11997
RESOLUTION APPOINTING ELECTION JUDGES FOR THE
GENERAL ELECTION OF NOVEMBER 8, 2022
J. Consider approval of the purchase of a Mack tandem-axle cab/chassis from Nuss Truck &
Equipment for $123,507 and dump box/snow fighting equipment from Towmaster Truck
Equipment for $153,712 totaling $277,219 plus taxes and licensing in 2023 for use by the
Public Works Department and authorize the City Manager to approve contract changes not
to exceed $10,000 without further City Council consideration. (Staff Report No. 126)
K. Consider pre-authorizing the acceptance of $8,992 in Safety Grant Program funds from the
Minnesota Occupational Safety and Health Administration (MNOSHA) to assist in the
purchase of stackable aluminum trench boxes for enhanced jobsite safety. (Staff Report
No. 127)
L. Consider the approval of a request for the temporary expansion of the licensed premises
for Thompson's Fireside Pizza, Inc., d/b/a Fireside Foundry, located at 6736 Penn Avenue
South, to allow for the outside service of strong beer in their parking lot on Sunday,
September 18, 2022, in conjunction with Richfield's Open Streets at Penn Fest event.
(Staff Report No. 136)
M/Whalen, S/Hayford Oleary to approve the consent calendar.
Council Member Trautmann thanked Support Services Manager Anderson and Police Chief
Henthorne for the flexibility for our businesses and community to participate in Penn Fest. Mayor
Regan Gonzalez seconded the comment.
Council Member Supple drew attention to item K that helps create safer working environments
for our public works workers and thanked the staff that applied for the grant.
Council Member Whalen clarified the restructuring of the liquor department (item E) and
expressed sadness for the closure of Vina and excitement for Kataki.
Motion carried: 5-0
ITEM #6
CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT
CALENDAR
None.
ITEM #7
SECOND READING OF A PROPOSED ORDINANCE AMENDING THE EXISTING
CABLE TELEVISION FRANCHISE AGREEMENT FROM AUGUST 1, 2022, TO
JANUARY 31, 2023 WITH COMCAST OF
ARKANSAS/FLORIDA/LOUISIANA/MINNESOTA/MISSISSIPPI/TENNESSEE,
INC. (STAFF REPORT NO. 128)
City Council Meeting Minutes -5- September 13, 2022
Council Member Trautmann presented Staff Report 128 and opened the public hearing.
City Manager Rodriguez stated that this is a standard extension while the City negotiations for
a new agreement are being held.
M/Trautmann, S/Hayford Oleary to close the public hearing.
Motion carried: 5-0
M/Trautmann, S/Hayford Oleary to approve the attached ordinance amending the term of
the Existing Franchise Agreement from August 1, 2022, to January 31, 2023.
BILL NO. 2022-10
ORDINANCE EXTENDING THE TERM OF THE FRANCHISE
HELD BY COMCAST OF MINNESOTA, INC.
Motion carried: 5-0
ITEM #8
SECOND READING OF A PROPOSED ORDINANCE AMENDMENT UPDATING
THE CITY’S ZONING CODE SUBSECTION THAT REGULATES FENCES,
WALLS, AND HEDGES. (STAFF REPORT NO. 129)
Council Member Hayford Oleary presented Staff Report 129.
Community Development Director Poehlman responded to the open forum comment from the
Planning Commission and clarified that they simplified the ordinance and their feedback was taken
into consideration.
Council Member Hayford Oleary expressed concerns of simplicity and confusion of the
ordinance to residents and proposed an amendment that would have a three foot setback for all
regardless of the type of lot and allow residents to choose landscaping . He also asked if a fence
would have to be moved if a sidewalk was constructed. Director Poehlman stated that there would
have to be negotiations with the homeowner to move the fence. Council Member Hayford Oleary
shared concerns about having different standards for properties that could potentially have sidewalks
compared to those that would not.
Council Member Whalen asked Director Poehlman to address why this ordinance is being
amended. Director Poehlman gave a history of the comments received from residents and how the
ordinance got before Council. Some of the comments were that sidewalks and trails that were right
next to fences felt unsafe and to allow residents the most use of their yards. Council Member Whalen
expressed support for a three foot setback instead of a six foot setback and no setback if it is not
required; the minimal setback that allows the city to install potential sidewalks and trails while not over
regulating the ordinance.
Council Member Supple asked if a building permit is required. Director Poehlman stated that
fences are not required to have permits. Council Member Supple agreed with Council Member
Whalen’s comments and also agreed with simplifying the ordinance for residents to understand.
Council Member Trautmann appreciated the additions that staff made to the ordinance and
supported the simplification of the ordinance since residents will be reading this code by themselves
and to reduce confusion.
City Council Meeting Minutes -6- September 13, 2022
Mayor Regan Gonzalez echoed the discussion regarding the simplifying of the ordinance and
agreed with Council Member Whalen’s comments.
Council Member Hayford Oleary asked why six foot fences are held to a higher standard and
that the opacity or material quality is not in question. Director Poehlman spoke about the aesthetics
and safety concerns between a six foot and a four foot fence.
Council Member Hayford Oleary asked staff if they were clear on what was discussed. Director
Poehlman stated that Council would like to include a three foot setback for fences along sidewalks or
without sidewalks for six foot fences, no additional setbacks for four foot fences, and removal of the
landscaping requirement.
Council Member Whalen asked if residents could apply for a variance for houses that have
their back doors on the side of their property so that they could have a six foot fence instead of a four
foot fence. Director Poehlman stated that variances are granted for very specific and unique cases.
Council Member Whalen asked if there would be exceptions upon staff consideration that would not
cause more restrictions. Director Poehlman stated that if fences already existed there is not a
requirement for residents to remove fences that were already in place and residents could also plant a
row of trees for privacy. Council Member Whalen acknowledged that residents with privacy fences
already in place will be grandfathered and that there could be frustrations for residents that want to
install privacy fences along the side of their properties that they would classify as their back yards.
Council Member Hayford Oleary appreciated the comments from Council Member Whalen and
acknowledged that corner lot properties would still be able to install a fence but it would not be a full
six foot height. He mentioned that residents should know where their property lines are so that they
are building their fences with the correct setback.
Council Member Trautmann asked for clarification around the special exception variance
specified in the ordinance. Director Poehlman stated that the special exception variance specified in
the ordinance was for through-lots only but others would be able to file for a formal variance.
M/Hayford Oleary, S/Supple to approve the proposed ordinance amendments to the City's
Zoning Code to incorporate general provisions, modified height requirements for corner lots, and a
special fence exception for through lots with the changes discussed which include reducing the
setback of six foot fences to three feet and removing a landscaping requirement for those fences and;
2) approve resolution authorizing summary publication of said ordinance.
BILL NO. 2022-12
ORDINANCE MODFIYING THE ZONING CODE
IN RELATION TO FENCES WALLS AND HEDGES
RESOLUTION NO. 11998
RESOLUTION APPROVING SUMMARY PUBLICATION OF
AN ORDINANCE MODIFYING THE MUNICIPAL CODE IN
RELATION TO FENCES, WALLS AND HEDGES
Motion carried: 5-0
ITEM #9
CONSIDER A RESOLUTION APPROVING THE 2022 REVISED AND 2023
BUDGET FOR THE AFFORDABLE HOUSING TRUST FUND. (STAFF REPORT
NO. 130)
Council Member Supple presented Staff Report 130.
City Council Meeting Minutes -7- September 13, 2022
Director Poehlman reminded Council that the HRA approved the revised budget in August.
Council Member Supple thanked staff for their work on the budget and urged residents to
check out the Affordable Housing Trust Fund annual report to view the programs.
M/Supple, S/Whalen to adopt a resolution designating the City's contribution toward health,
dental, term life, and long term disability insurance premiums for 2023 for General Services and
Management employees.
RESOLUTION NO. 11999
RESOLUTION ADOPTING AN AFFORDABLE HOUSING TRUST FUND BUDGET
FOR THE YEAR 2022 REVISED AND 2023
Council Member Whalen expressed excitement for the increased flexibility for TIF funding and
the specific funding towards Richfield Flats. He appreciated the investments that we make into
affordable housing to help find funding for the projects.
Council Member Trautmann echoed the appreciation and mentioned that the funds can be
recycled if not used fully which can help out more families.
Mayor Regan Gonzalez expressed proudness of this work to provide opportunities to the
community and to keep Richfield affordable and accessible to all families.
Council Member Supple brought attention to the innovating program that provides down
payment assistance for buyers of Woodlawn Terrace.
Motion carried: 5-0
ITEM #10
CONSIDER THE APPROVAL OF A RESOLUTION AUTHORIZING THE LAWFUL
GAMBLING PREMISES PERMIT BY FIREFIGHTERS FOR HEALING, TO
CONDUCT LAWFUL GAMBLING AT PROTAGONIST KITCHEN & BAR, 6601
LYNDALE AVENUE SOUTH, SUITE 130. (STAFF REPORT NO. 131)
Council Member Whalen presented Staff Report 131.
Manager Anderson explained that this is a routine application and that the particular
establishment also owns Sandy’s which also has lawful gambling.
M/Whalen, S/Trautmann to adopt the resolution approving the lawful gambling premises
permit application by Firefighters For Healing, to conduct lawful gambling at Protagonist Kitchen &
Bar, 6601 Lyndale Avenue South, Suite 130.
RESOLUTION NO. 12000
RESOLUTION APPROVING THE LAWFUL GAMBLING PREMISES
PERMIT APPLICATION FOR FIREFIGHTERS FOR HEALING TO
CONDUCT LAWFUL GAMBLING AT PROTAGONIST KITCHEN &
BAR AT 6601 LYNDALE AVENUE SOUTH
Council Member Hayford Oleary asked if the permit allowed for only pull tabs. Manager
Anderson stated that they do have the option to do more than pull tabs.
Motion carried: 5-0
City Council Meeting Minutes -8- September 13, 2022
ITEM #11
CONSIDER ADOPTION OF A RESOLUTION DESIGNATING THE CITY'S
CONTRIBUTION TOWARDS HEALTH, DENTAL, TERM LIFE, AND DISABILITY
INSURANCE PREMIUMS FOR 2023 FOR GENERAL SERVICES AND
MANAGEMENT. (STAFF REPORT NO. 132)
Council Member Trautmann presented Staff Report 132.
M/Trautmann, S/Supple to adopt a resolution designating the City's contribution toward health,
dental, term life, and long term disability insurance premiums for 2023 for General Services and
Management employees
RESOLUTION NO. 12001
RESOLUTION DESIGNATING CITY'S CONTRIBUTION TOWARD
HEALTH, DENTAL, TERM LIFE, AND DISABILITY INSURANCE
PREMIUM FOR GENERAL SERVICES AND MANAGEMENT
EMPLOYEES
Motion carried: 5-0
ITEM #12
CONSIDER 2022 REVISED/2023 PROPOSED BUDGET RESOLUTIONS
ADOPTING THE 2023 PRELIMINARY PROPERTY TAX LEVY, SETTING TRUTH
IN TAXATION HEARING DATE, AUTHORIZING BUDGET REVISIONS,
AUTHORIZING REVISION OF 2022 BUDGET OF VARIOUS DEPARTMENTS,
AND CITY FEES FOR 2023. (STAFF REPORT NO. 133)
Council Member Supple presented Staff Report 133.
City Manager Rodriguez thanked staff, especially Finance Manager Verma and Council for the
budget process.
Finance Manager Verma presented a brief update on the budget since the August 17 work
session which included information about the 2023 Fiscal Disparities Budgeted Aid which reduced the
distribution levy that has an impact of $163 increase per household from 2022.
Council Member Supple echoed the thanks to all the staff and thanked Finance Manager
Verma on the update on the impact of the fiscal disparities.
Council Member Whalen asked if the levy would have to be increased with the reduction in the
fiscal disparities. Finance Manager Verma stated that the levy would stay at 6.6% and explained how
the reduction in fiscal disparities affects the average household.
Council Member Supple asked if the tax capacity rate information in the staff report changed.
Finance Manager Verma stated that it changed slightly.
Council Member Trautmann thanked all staff for the budget process and shared that this
budget is lower than the rate of inflation and this is a result of really hard diligent work.
M/Supple, S/Trautmann to adopt the attached resolutions establishing the 2023 preliminary
property tax levy and proposed date for the Truth in Taxation hearing, authorizing budget revisions,
authorizing revision of 2022 budget of various departments, and city fees for 2023.
City Council Meeting Minutes -9- September 13, 2022
RESOLUTION NO. 12002
RESOLUTION ADOPTING A PROPOSED BUDGET AND TAX LEVY
FOR THE YEAR 2023
RESOLUTION NO. 12003
RESOLUTION AUTHORIZING BUDGET REVISIONS
RESOLUTION NO. 12004
RESOLUTION AUTHORIZING REVISION OF 2022 BUDGET OF
VARIOUS DEPARTMENTS
RESOLUTION NO. 12005
RESOLUTION ESTABLISHING 2023 LICENSE, PERMIT AND
MISCELLANEOUS FEES PURSUANT TO THE PROVISIONS OF
APPENDIX D OF THE ORDINANCE CODE OF THE CITY OF
RICHFIELD RESCINDING RESOLUTION NO. 11882
Motion carried: 5-0
ITEM #13
CONSIDER STAFF'S SPENDING RECOMMENDATION FOR THE CITY'S
REMAINING ALLOCATION OF THE CORONOVIRUS LOCAL FISCAL
RECOVERY FUNDS AS ESTABLISHED UNDER THE AMERICAN RESCUE
PLAN ACT (ARPA). (STAFF REPORT NO. 134)
Council Member Whalen presented Staff Report 134.
City Manager Rodriguez recommended that residents that are curious to learn more about the
budget or the ARPA recommendations that they can access the presentations on the city website for
the August 17 work session.
Council Member Whalen asked about an anticipated timeline for the projects since all monies
needs to be spent by 2026. City Manager Rodriguez looked over the list of projects and updated the
Council of the known timelines for the projects.
M/Whalen, S/Hayford Oleary to adopt a resolution directing the City Manager to expend ARPA
funds as part of the regular budgeting and purchasing processes for the approved projects.
RESOLUTION NO. 12006
RESOLUTION DIRECTING THE CITY MANAGER TO INCORPORATE
ALLOCATED AND AVAILABLE AMERICAN RESCUE PLAN ACT
FUNDS AS PART OF REGULAR BUDGET PROCESS
Motion carried: 5-0
ITEM #14
CONSIDER STAFF'S RECOMMENDATION TO ADOPT THE 2023- 2026 CITY OF
RICHFIELD STRATEGIC PLAN (STAFF REPORT NO. 135)
Council Member Hayford Oleary presented Staff Report 135.
City Council Meeting Minutes -10- September 13, 2022
City Manager Rodriguez expressed excitement to recommend the document for approval and
mentioned that the strategic plan still has details that will take time to gather data and that this is an
important step for the city to strive to meet outcomes and learn from them.
Council Member Hayford Oleary shared that the strategic plan goals are very specific and
complimented staff on the collaboration with leadership.
M/Hayford Oleary, S/Trautmann to adopt the 2023- 2026 City of Richfield Strategic Plan.
Council Member Whalen appreciated the team effort of the strategic plan between staff and
Council. He stressed the importance of communication to the residents and appreciated the efforts to
reach the community regarding this process. He also appreciated the slight language change to
complete the top two priorities related to climate change and mentioned to residents to keep a look
out for the specifics of what the city would be focusing on. He noted that climate change was not
included in the SWOT analysis in the staff report but it is a threat and a consideration of Council and
appreciated those that spoke up.
Council Member Trautmann thanked staff and reflected on changes that have happened in the
last few years and appreciated the collaboration and leadership.
Motion carried: 5-0
ITEM #15
CITY MANAGER’S REPORT
City Manager Rodriguez shared information regarding former Transportation Engineer Jack
Broz’s celebration of life.
ITEM #16
CLAIMS AND PAYROLL
M/Supple, S/Trautmann that the following claims and payrolls be approved:
U.S. BANK 8/23/2022
A/P Checks: 308357 – 308732 $2,094,047.36
Payroll: 172561 - 172917 $779,073.55
TOTAL $2,873,120.91
U.S. BANK 9/13/2022
A/P Checks: 308733 – 309468 $1,606,169.34
Payroll: 172918 – 173266 $760,751.44
TOTAL $2,366,920.78
Motion carried: 5-0
ITEM #17
HATS OFF TO HOMETOWN HITS
Council Member Trautmann recognized the life of Jack Broz and how fortunate Richfield was
to have him. He also mentioned Penn Fest this Sunday (9/18).
City Council Meeting Minutes -11- September 13, 2022
Council Member Hayford Oleary shared a memory of Jack Broz and echoed the reflections of
Council Member Trautmann. He also shared that he co-led a tour in Richfield for the National
Conference of the Association of Bicycle and Pedestrian Professionals that visited many places that
were influenced by Jack Broz and he specifically thanked Ben Manibog, Transportation Engineer and
Will Winslow at Richfield Public Schools. He mentioned that those that attended the tour found
Richfield to be comparable to most other cities in the US and they could utilize what they learned and
saw could be brought to their own city which is something Richfield should be proud of.
Council Member Supple honored Jack Broz’s legacy by mentioning how to safely cross the
streets at the roundabouts. She also mentioned the Richfield Public Schools Homecoming Parade on
Saturday.
Council Member Whalen updated residents on the progress of Washington Park
reconstruction. He mentioned a celebration for the mural at Galaxy Foods on the 23rd. He thanked
Council, staff, and the patience of residents as he navigates being a new parent.
Mayor Regan Gonzalez remembered Jack Broz and honored his legacy. She gave hats off to
staff for the agenda tonight that is responsive to the needs of the community for the present and
future.
Council Member Trautmann noted that there was a scout in the audience who stayed for the
entirety of the council meeting.
ITEM #18
ADJOURNMENT
The meeting was adjourned by unanimous consent at 8:58 p.m.
Date Approved: September 27, 2022
Maria Regan Gonzalez
Mayor
Kari Sinning Katie Rodriguez
City Clerk City Manager
Proclamation of the City of Richfield
WHEREAS, the path towards LGBTQ+ equality and liberation has been paved by courageous
persons who have fought for the right to love and be loved, and their positive societal contributions
of advancing areas of diversity, inclusion, equity, and respect deserve recognition; and
WHEREAS, LGBTQ+ History Month celebrates and commemorates those who fought for equal
rights and services for the LGBTQ+ community; and is a means of educating others, promoting a
culture of acceptance and inclusivity, and advancing equality for all; and
WHEREAS, the City of Richfield is proud of its diverse community; committed to equality for
individuals of all sexual orientations, gender identities and gender expressions; and engages with
community partners to provide safe spaces for LGBTQ+ individuals and their families to receive
culturally sensitive services; and
WHEREAS, today Richfield endeavors to eliminate prejudice wherever it exists, recognize the
multitude of identities that make each of us unique individuals, and envision a safe, inclusive world
that allows all members of society to live openly and truthfully; and
Now, THEREFORE, I Maria Regan Gonzalez, mayor of Richfield, on behalf of the Richfield
City Council, do hereby proclaim the month of October, 2022 as LGBTQ+ History Month in
the City of Richfield and call on the people of Richfield to observe this month with appropriate
programs, activities, and ceremonies, and continue to honor the contributions of
LGBTQIA residents throughout the year.
PROCLAIMED on this 27th day of September 2022
Maria Regan Gonzalez, Mayor
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #3.A.
STAFF RE P ORT NO. 137
CIT Y COUNCIL ME E T ING
9/27/2022
RE P O RT P RE PA RE D B Y: Jay Henthorne, D irector of P ublic S afety/C hief of P olice
D E PA RTME NT D IRE C TO R RE V IE W: Jay Henthorne, D irector of P ublic S afety/C hief of P olice
9/19/2022
O THE R D E PA RTM E NT RE V IE W: N/A
C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager
9/21/2022
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consider the adoption of a resolution authorizing acceptance of Office of Traffic Safety (O T S) funds
for an extension on an original four-year grant to fully fund an officer dedicated for D W I enforcement in
Richfield.
E X E C UT IV E S UM M ARY:
The National Highway Traffic Safety Administration (NHTS A) is providing federal funding to the OTS to
implement a program to support one full time officer solely for D W I enforcement. Eight counties, including
Hennepin, were chosen to receive grant funding. The grant is administered through the OTS. The grant
was guaranteed for four years (2015-2019). However, the grant has been written for an additional federal
fiscal year at a time for 2020, 2021, 2022, and now 2023. The City of Richfield has received an additional
extension and has been awarded $124,039.73 for 2023.
RE C O M M E ND E D AC T I O N:
By motion: Adopt a resolution allowing the Richfield Department of Public Safety to accept a grant
from the Office of Traffic Safety (O T S) for an extension on an original four-year grant to fully fund an
officer dedicated for D W I enforcement in Richfield.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
The average number of D W I arrests per year in Richfield is 176. The goal is to increase that
to 200 D W I arrests per year.
I n 2016, Richfield had 26 alcohol related crashes.
I n 2017, Richfield had 30 alcohol related crashes.
I n 2018, Richfield had 35 alcohol related crashes.
I n 2019, Richfield had 37 alcohol related crashes.
I n 2020, Richfield had 32 alcohol related crashes.
I n 2021, Richfield had 42 alcohol related crashes.
J anuary 1, 2022-September 15, 2022, Richfield had 25 alcohol related crashes.
Minnesota Motor Vehicle Crash Facts data show that the hours between 5:00 p.m. and 5:00 a.m.
as having the highest concentration of alcohol related crashes. The D W I officer's work shift will be
from 5:00 p.m. to 5:00 a.m. with a minimum of two Fridays and two Saturdays per month to be a
required part of the D W I officer's schedule. Statistics will be checked daily, including but not
limited to: speed tickets, seat belt tickets, texting tickets, "Not a Drop" tickets and warnings
associated with these statistics. Proactive criminal interdiction patrol would also be implemented.
The City of Richfield has been approved to receive $124,039.73 from the D W I Officer grant for
2023.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
Public Safety does not accept financial support unless it is designated for a specific program that will
affect the department as a whole.
The grant money will be used by Public Safety to pay for one full-time police officer salary;
including overtime and/or training.
Minnesota Statute 465.03 requires that every acceptance of a grant or devise of real or personal
property on terms prescribed by the donor be made by resolution of more than two-thirds majority
of the City Council.
The Administrative Services Department issued a memo on November 9, 2004, requiring that all
grants and restricted donations to departments be received by resolution and by a two-thirds
majority of the City Council in accordance with Minnesota Statute 465.03.
C.C R IT IC AL T IMIN G IS S U E S:
The total length of the grant was for four years, however, grants will be written for one federal fiscal year
at a time and the City of Richfield has received an extension on an original four-year grant to fully fund
an officer.
D.F IN AN C IAL IMPAC T:
Federal guidelines require this money be spent on projects designed to reduce D W I incidents.
Both the officer and majority of the equipment funded by the grant can only be used for the
enforcement of laws prohibiting driving while impaired. I f the D W I officer responds to, or is called
to an incident for something other than an alcohol-related driving offense, the time spent on non-
D W I related enforcement exceeding 15 successive minutes must be paid for by the agency. The
vehicle will be assigned to and driven solely by the D W I officer.
The Richfield Department of Public Safety has developed a work plan and budget that have been
approved by the OTS.
The grant will cover one full-time sworn officer, and fringe benefits are covered by the grant. The
Richfield Department of Public Safety has funds budgeted for items not covered by the grant.
E.L E GAL C ON S ID E R AT ION:
There are no legal considerations.
ALTE R N AT IV E R E C O MME N D ATIO N(S):
Council could not approve the acceptance of the grant but the Richfield Department of Public Safety would
then not be able to dedicate an officer to D W I enforcement.
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
None
AT TAC H ME N T S:
D escription Type
C ertification Regarding L obbying B ackup Material
A greement C ontract/A greement
Resolution Resolution L etter
CERTIFICATION REGARDING LOBBYING
(For State of Minnesota Contracts and Grants over $100,000)
The undersigned certifies, to the best of his or her knowledge and belief that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, A Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan,
or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure of Lobbying
Activities”, in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for
all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans and cooperative
agreements) and that all sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made
or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed
by Section 1352, Title 31 U.S.Code. Any person who fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each such failure.
__________________________________________
Organization Name
__________________________________________
Name and Title of Official Signing for Organization
By:_______________________________________
Signature of Official
_____________________________________
Date
Grant Contract Agreement Page 1 of 2
DPS Grant Contract Agreement non-state (Updated 12/2020)
Minnesota Department of Public Safety (“State”)
Office of Traffic Safety
445 Minnesota Street, Suite 1620
Saint Paul, MN 55101
Grant Program: 2023 NHTSA: 2023 DWI /
Traffic Safety Officer
Grant Contract Agreement No.:
A-OFFICR23-2023-RICHFPD-012
Grantee:
Richfield Police Department
6700 Portland Avenue
Richfield, MN 55423-2560
Grant Contract Agreement Term:
Effective Date: 10/01/2022
Expiration Date: 09/30/2023
Grantee’s Authorized Representative:
Matt Steen, Sergeant
6700 Portland Avenue
Richfield, MN 55423-2560
(612)861-9800
msteen@richfieldmn.gov
Grant Contract Agreement Amount:
Original Agreement $124,039.73
Matching Requirement $ 0.00
State’s Authorized Representative:
Duane Siedschlag
Impaired Driving Program Coordinator
445 Minnesota Street, Suite 1620
Saint Paul, MN 55101
(651)201-7078
Duane.siedschlag@state.mn.us
Federal Funding: CFDA 20.616 & CFDA 20.600
FAIN: 69A3752130000405DMNL & FAIN:
69A7521300005020MNO
State Funding: None
Special Conditions: None
Under Minn. Stat. § 299A.01, Subd 2 (4) the State is empowered to enter into this grant contract agreement.
Term: The creation and validity of this grant contract agreement conforms with Minn. Stat. § 16B.98 Subd. 5.
Effective date is the date shown above or the date the State obtains all required signatures under Minn. Stat. §
16B.98, subd. 7, whichever is later. Once this grant contract agreement is fully executed, the Grantee may claim
reimbursement for expenditures incurred pursuant to the Payment clause of this grant contract agreement.
Reimbursements will only be made for those expenditures made according to the terms of this grant contract
agreement. Expiration date is the date shown above or until all obligations have been satisfactorily fulfilled,
whichever occurs first.
The Grantee, who is not a state employee will:
Perform and accomplish such purposes and activities as specified herein and in the Grantee’s approved 2023
NHTSA: 2023 DWI / Traffic Safety Officer Application (“Application”) which is incorporated by reference into
this grant contract agreement and on file with the State at 445 Minnesota Street, Suite 1620, Saint Paul, MN
55101. The Grantee shall also comply with all requirements referenced in the 2023 NHTSA: 2023 DWI / Traffic
Safety Officer Guidelines and Application which includes the Terms and Conditions and Grant Program
Guidelines (https://app.dps.mn.gov/EGrants), which are incorporated by reference into this grant contract
agreement.
Budget Revisions: The breakdown of costs of the Grantee’s Budget is contained in Exhibit A, which is attached
and incorporated into this grant contract agreement. As stated in the Grantee’s Application and Grant Program
Guidelines, the Grantee will submit a written change request for any substitution of budget items or any deviation
and in accordance with the Grant Program Guidelines. Requests must be approved prior to any expenditure by
the Grantee.
Matching Requirements: (If applicable.) As stated in the Grantee’s Application, the Grantee certifies that the
Grant Contract Agreement Page 2 of 2
DPS Grant Contract Agreement non-state (Updated 12/2020)
matching requirement will be met by the Grantee.
Payment: As stated in the Grantee’s Application and Grant Program Guidance, the State will promptly pay the
Grantee after the Grantee presents an invoice for the services actually performed and the State's Authorized
Representative accepts the invoiced services and in accordance with the Grant Program Guidelines. Payment
will not be made if the Grantee has not satisfied reporting requirements.
Certification Regarding Lobbying: (If applicable.) Grantees receiving federal funds over $100,000.00 must
complete and return the Certification Regarding Lobbying form provided by the State to the Grantee.
1. ENCUMBRANCE VERIFICATION 3. STATE AGENCY
Individual certifies that funds have been encumbered as
required by Minn. Stat. § 16A.15. Signed: _____________________________________________
(with delegated authority)
Signed: _____________________________________________ Title: ______________________________________________
Date: _______________________________________________ Date: ______________________________________________
Grant Contract Agreement No./ P.O. No.: A-OFFICR23-2023-RICHFPD-012 / 3000082300
Project No.: 23-03-03
2. GRANTEE
The Grantee certifies that the appropriate person(s)
have executed the grant contract agreement on behalf of the Grantee
as required by applicable articles, bylaws, resolutions, or ordinances.
Signed: _____________________________________________
Print Name: __________________________________________
Title: _______________________________________________
Date: _______________________________________________
Signed: ______________________________________________
Print Name: __________________________________________
Distribution: DPS/FAS
Title: ________________________________________________ Grantee State’s Authorized Representative
Date: ________________________________________________
2023 DWI / Traffic Safety Officer Revised - EXHIBIT A
Organization: Richfield Police Department A-OFFICR23-2023-RICHFPD-012
Budget Summary
Budget
Budget Category State Reimbursement Local Match
Salary
DWI Officer salary for entire year , plus anticipated overtime.$123,914.73 $0.00
Total $123,914.73 $0.00
Operating Expenses
Vehicle mileage $0.00 $0.00
Total $0.00 $0.00
TZD Conference Registration
TZD conference $125.00 $0.00
Total $125.00 $0.00
Total $124,039.73 $0.00
Page 1 of 109/15/2022
RESOLUTION NO.
RESOLUTION AUTHORIZING THE DEPARTMENT OF PUBLIC SAFETY/POLICE TO
ACCEPT GRANT MONIES FROM THE OFFICE OF TRAFFIC SAFETY IN THE AMOUNT OF
$124,039.73 OR A LESSER AMOUNT, AS AWARDED BY THE DEPARTMENT OF PUBLIC
SAFETY, TO FUND A POLICE OFFICER DEDICATED TO DWI ENFORCEMENT.
WHEREAS, Richfield Police Department has been approved by the Office of Traffic
Safety (OTS) to receive funds made available to eight Counties in the State of Minnesota
through federal funding provided by the National Highway Traffic Safety Administration
(NHTSA); and
WHEREAS, Richfield is scheduled to be awarded $124,039.73 or a lesser amount as
awarded by the Minnesota Department of Public Safety to be used as designated by the grant
agreement which mandates that the funds be used to support one full time officer dedicated to
DWI enforcement for an extension of the original term of four years; and,
WHEREAS, Richfield has agreed that the Minnesota Department of Public Safety will
serve as the fiscal agent; and,
WHEREAS, in accordance with the agreement, squad operating costs per mile,
maintenance, uniforms, weapons and time spent in excess of 15 minutes on non-DWI related
calls will be covered by the Richfield Police Department; and,
WHEREAS, Richfield Police has established an approved budget with the OTS for
$124,039.73 or a lessor amount for the DWI enforcement program; and,
NOW, THEREFORE, BE IT RESOLVED that the City of Richfield, Public Safety
Department enter into a grant agreement with the Minnesota Department of Public Safety, for
traffic safety enforcement projects during the period from October 1, 2022 to September 30,
2023.
Adopted by the City Council of the City of Richfield, Minnesota this 27th day of
September, 2022.
Maria Regan Gonzalez, Mayor
ATTEST:
Kari Sinning, City Clerk
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #3.B.
STAFF RE P ORT NO. 138
CIT Y COUNCIL ME E T ING
9/27/2022
RE P O RT P RE PA RE D B Y: S cott K ulzer, A dministrative A ide/A nalyst
D E PA RTME NT D IRE C TO R RE V IE W: K ristin A sher, P ublic Works D irector
9/20/2022
O THE R D E PA RTM E NT RE V IE W: N/A
C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager
9/21/2022
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consider approval of the purchase of five (5) Ford Hybrid S U V Police Interceptor vehicles for Public
Safety from Tenvoorde Ford, Inc., for $224,804.40 plus destination, tax, title, and license fees.
E X E C UT IV E S UM M ARY:
Five Public Safety Department Police I nterceptor vehicles are scheduled to be replaced in 2023. These
vehicles are replaced after three years due to:
Average mileage of 50,000 miles; and
Significant engine idle time and subsequent wear accumulated over the three year lifespan.
The vehicles that are replaced are rotated into use as general purpose fleet vehicles and are used by the
following Divisions:
I nspections
Engineering
Utilities
Forestry
Parks and Recreation
After these vehicles have reached the end of their useful lifespan as a general purpose fleet vehicle they are
then sold at auction.
RE C O M M E ND E D AC T I O N:
By Motion: Approve the purchase of five (5) Ford Hybrid S U V Police Interceptor vehicles for Public
Safety from Tenvoorde Ford, Inc., for $224,804.40 plus destination, tax, title, and license fees.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
See executive summary.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
The City of Richfield participates in the Minnesota State Cooperative Purchasing Program.
Tenvoorde Ford, I nc., is included in the Minnesota State Cooperative Purchasing Program.
C.C R IT IC AL T IMIN G IS S U E S:
Due to C OV I D-19 and the continuing global supply chain disruptions, Public Works has been
advised by vehicle dealers to order their Hybrid Police I nterceptors as far in advance as possible.
Approval of the purchase of these vehicles at the September 27, 2022 City Council meeting will
help ensure they are delivered and paid for in the year in which they were budgeted (2023).
D.F IN AN C IAL IMPAC T:
The purchase of these Hybrid Police I nterceptors is identified in the 2022R-2023P Central
Garage capital outlay budget (61000-7500) in the amount of $250,000.
The excess funds identified in the Central Garage capital outlay budget will be used to outfit the
vehicles with additional necessary equipment such as:
light bars
radios
cameras
E.L E GAL C ON S ID E R AT ION:
W hen the purchase of materials, merchandise, equipment, or construction exceeds $175,000, authority
to purchase shall be submitted to the City Council for consideration.
ALTE R N AT IV E R E C O MME N D ATIO N(S):
None
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
None
AT TAC H ME N T S:
D escription Type
Hybrid S UV S pec S heet E xhibit
2023 Ford Utilty 3.3 V6 Hybrid
BASE PRICE $42,754.88
Police Interceptor Utility AWD K8A S
AWD 3.3L V6 Direct-Injection Hybrid Engine System with 10-Speed Automatic Transmission (136-MPH
Top Speed)99W STD x STD
99W/44B S
AWD 3.3L V6 Direct-Injection FFV with 10-Speed Automatic Transmission (136-MPH Top Speed)
Note: Deletes Regenerative Braking and Lithium-Ion Battery Pack; adds 250-Amp Alternator, replaces H7
AGM battery (800 CCA/80-amp) with H7 SLI battery (730 CCA/80-amp) and replaces 19-gallon tank 99B (2,661.00)-
with 21.4-gallon tank
AWD 3.0L V6 EcoBoost® with 10-Speed Automatic Transmission – (148-MPH Top Speed)
Note: Deletes Regenerative Braking and Lithium-Ion Battery Pack; adds 250-Amp Alternator, replaces H7
AGM battery (800 CCA/80-amp) with H7 SLI battery (730 CCA/80-amp) and replaces 19-gallon tank 99C 893.00 -
with 21.4-gallon tank)
Medium Brown Metallic BU N/C -
Arizona Beige Metallic Clearcoat E3 N/C -
Vermillion Red E4 N/C -
Blue Metallic FT N/C -
Smokestone Metallic HG N/C -
Kodiak Brown Metallic J1 N/C -
Dark Toreador Red Metallic JL N/C -
Iconic Silver Metallic JS N/C -
Carbonized Gray M7 N/C -
Dark Blue LK N/C -
Royal Blue LM N/C -
Light Blue Metallic LN N/C -
Silver Grey Metallic TN N/C -
Sterling Grey Metallic UJ N/C -
Agate Black UM N/C X -
Medium Titanium Metallic YG N/C -
Oxford White YZ N/C -
Police Interceptor Utility Police Interceptor Utility Interior Color Charcoal Black
Cloth Front Buckets / Vinyl Rear
Front – Unique Heavy-Duty Cloth, Front Bucket
Seats Driver 6-way Power track
(fore/aft.up/down, tilt with manual recline, 2-way 96 N/C X -
manual lumbar)
Passenger – 2-way manual track (fore/aft. with
manual recline)
Rear – 35/30/35 Split Vinyl.
Cloth Front Buckets / Cloth Rear
Front – Unique Heavy-Duty Cloth, Front Bucket
Seats Driver 6-way Power track
(fore/aft.up/down, tilt with manual recline, 2-way F6 56.00 -
manual lumbar).
Passenger – 2-way manual track (fore/aft. with
manual recline)
Rear – 35/30/35 Split Cloth
EQUIPMENT GROUP
Interior Upgrade Package
• 1st and 2nd Row Carpet Floor Covering
• Cloth Seats – Rear
• Center Floor Console less shifter w/unique Police console finish plate
• Includes Console and Top Plate with 2 cup holders
• Floor Mats, front and rear (carpeted)65U 367.00 -
• Deletes the standard console mounting plate (85D)
• SYNC® 3
– Enhanced Voice Recognition Communications and Entertainment System
– 4.2" Color LCD Screen Center-Stack "Smart Display"
– AppLink®
– 911 Assist®
Note: SYNC® AppLink® lets you control some of your favorite compatible mobile apps with your voice. It is
compatible with select smartphone platforms. Commands may vary by phone and Applink® software.
Note: Not available with options: 67H, 67U, 85R
Front Headlamp Lighting Solution
• Includes LED Low beam/High beam headlamp, Wig-wag function and Red/Blue/White LED side
warning lights (driver’s side White/Red / passenger side White/Blue)
• Includes pre-wire for grille LED lights, siren and speaker (60A)66A 841.00 -
• Wiring, LED lights included. Controller “not” included
Note: Not available with option: 67H
Note: Recommend using Ultimate Wiring Package (67U)
Tail Lamp / Police Interceptor Housing Only
• Pre-existing holes with standard twist lock sealed capability (does not include LED strobe)86T 56.00 -
(eliminates need to drill housing assemblies)
Note: Not available with options: 66B and 67H
Tail Lamp Lighting Solution
• Includes LED lights plus two (2) rear integrated hemispheric lighthead white LED side warning
lights in taillamps
• LED lights only. Wiring, controller “not” included
Note: Not available with option: 67H
Note: Recommend using Ultimate Wiring Package (67U)66B 405.00 -
Rear Lighting Solution 66C 428.00 -
• Includes two (2) backlit flashing linear high-intensity LED lights (driver’s side red / passenger side
blue) mounted to inside liftgate glass
• Includes two (2) backlit flashing linear high-intensity LED lights (driver’s side red / Passenger side
blue) installed on inside lip of liftgate (lights activate when liftgate is open)
• LED lights only. Wiring, controller “not” included
Note: Not available with option: 67H
Note: LED lights only – does “not” include wiring or controller
Note: Recommend using Ultimate Wiring Package (67U)
Ready for the Road Package:
All-in Complete Package – Includes Police Interceptor Packages: 66A, 66B, 66C, plus
• Whelen Cencom Light Controller Head with dimmable backlight
• Whelen Cencom Relay Center / Siren / Amp w/Traffic Advisor control (mounted behind 2nd row
seat)
• Light Controller / Relay Cencom Wiring (wiring harness) w/additional input/output pigtails
• High current pigtail 67H 3,379.00 -
• Whelen Specific WECAN Cable (console to cargo area) connects Cencom to Control Head
• Pre-wiring for grille LED lights, siren and speaker (60A)
• Rear console plate (85R) – contours through 2nd row; channel for wiring
• Grille linear LED Lights (Red / Blue) and harness
• 100-Watt Siren / Speaker
• Hidden Door-Lock Plunger w/Rear-door controls inoperable (locks, handles and windows) (52P)
Note: Not available with options: 66A, 66B, 66C, 67U and 65U
Ultimate Wiring Package
Includes the following:
• Rear console mounting plate (85R) – contours through 2nd row; channel for wiring
• Pre-wiring for grille LED lights, siren and speaker (60A)
• Wiring harness I/P to rear cargo area (overlay)
– Two (2) light cables – supports up to six (6) LED lights (engine compartment/grille)67U 526.00 -
– One (1) 10-amp siren/speaker circuit engine cargo area
• Rear hatch/cargo area wiring – supports up to six (6) rear LED lights
• Does “not” include LED lights, side connectors or controller
– Recommend Police Wire Harness Connector Kit 67V
Note: Not available with options: 65U, 67H
Police Wire Harness Connector Kit – Front/Rear
For connectivity to Ford PI Package solutions includes:
• Front
– (2) Male 4-pin connectors for siren
– (5) Female 4-pin connectors for lighting/siren/speaker
– (1) 4-pin IP connector for speakers
– (1) 4-pin IP connector for siren controller connectivity
– (1) 8-pin sealed connector
– (1) 14-pin IP connector 67V 174.00 -
• Rear
– (2) Male 4-pin connectors for siren
– (5) Female 4-pin connectors for lighting/siren/speaker
– (1) 4-pin IP connector for speakers
– (1) 4-pin IP connector for siren controller connectivity
– (1) 8-pin sealed connector
– (1) 14-pin IP connector
Note: Note:See Upfitters guide for further detail www.fordpoliceinterceptorupfit.com
KEY EXTERIOR OPTIONS
Engine Block Heater 41H 85.00 -
License Plate Bracket – Front 153 N/C X $-
Lamps / Lighting
Dark Car Feature – Courtesy lamps disabled when any door is opened 43D 24.00 X $24.00
Daytime Running Lamps 942 42.00 -
Switchable Red/White Lighting in Cargo Area (deletes 3rd row overhead map light)17T 47.00 X $47.00
Front Warning Auxiliary LED Lights (Driver side – Red / Passenger side – Blue)
Note: Requires 60A 21L 517.00 -
Front Interior Visor Light Bar (LED)
• Super low-profile warning LED light bar fully integrated into the top of the windshield near the
headliner – fully programable. (Red/Red or Blue/Blue operation. White “take down” and “scene”
capabilities)96W 1,076.00 -
Note: Recommend using Ready for the Road Package (67H) or Ultimate Wiring Package (67U) (when not
ordering the Interior Upgrade Package [65U])
Note: Front Console Plate no longer required; can be ordered with Interior Upgrade Package (65U)
Pre-wiring for grille LED lights, siren and speaker 60A O / P-66A / P-67H / P-67U 60A 47.00 -
Rear Quarter Glass Side Marker LED Lights (Driver side – Red / Passenger side – Blue)63L 541.00 -
Rear Spoiler Traffic Warning Lights (LED)
• Fully integrated in rear spoiler for enhanced visibility
• Provides red/blue/amber directional lighting – fully programmable 96T 1,405.00 -
Note: Rear Console Plate no longer required; can be ordered with Interior Upgrade Package (65U)
Note: Recommend using Ready for the Road Package (67H) or Ultimate Wiring Package (67U) (when not
ordering the Interior Upgrade Package [65U])
Side Marker LED – Sideview Mirrors (Driver side – Red / Passenger side – Blue)
• Located on exterior mirror housing 63B 273.00 -
• LED lights only. Wiring, controller “not” included
Note: Recommend using Ready for the Road Package (67H) or Ultimate Wiring Package (67U) (will add 60a)
Spot Lamp Prep Kits
Spot Lamp Prep Kit, Driver Only
Note: Does not include spot lamp housing and bulb 51P 132.00 -
Spot Lamp Prep Kit, Dual Driver and Passenger
Note: Does not include spot lamp housing and bulbs 51W 264.00 -
Spot Lamp – LED Bulb:
Driver Only (Unity)51R 371.00 X $371.00
Driver Only (Whelen)51T 394.00 -
Dual (driver and passenger) (Unity)51S 582.00 -
Dual (driver and passenger) (Whelen)51V 625.00 -
Body
Glass – Solar Tint 2nd Row door glass, Rear Quarter and Liftgate Window (Deletes Privacy Glass)92G 112.00 -
Glass – Solar Tint 2nd Row Only door glass, Privacy Glass on Rear Quarter and Liftgate Window 92R 80.00 -
Underbody Deflector Plate (engine and transmission shield)76D 315.00 -
Wheels
Wheel Covers (18" Full Face Wheel Cover)
Note: Only available with the standard Police wheel, not available with 64E 65L 56.00 -
18” Painted Aluminum Wheel
Note: Spare wheel is an 18” conventional (Police) black steel wheel. Not available with 65L.64E 447.00 -
Audio / Video
Rear View Camera displayed in rear view mirror (Includes Electrochromic Rear View Mirror)
Note: This option replaces the standard display in the center stack area.87R N/C -
Note: Camera can only be displayed in the center stack (std) “OR” the rear view mirror (87R)
Rear Camera On-Demand – allows driver to enable rear camera on-demand Rear Camera On-Demand – allows 19V 217.00 X $217.00
Doors / Locks
Hidden Door-Lock Plunger w/Rear-door controls inoperable (locks, handles and windows)
Note: Not available with 68G.
Note: Can manually remove window or door disable plate with special tool 52P 150.00 X $150.00
Note: Locks/windows operable from driver’s door switches
Rear-Door controls Inoperable / Locks Inoperable (locks, handles and windows)
Note: Not available with 52P.
Note: Can manually remove window or door disable plate with special tool 68G 71.00 -
Note: Locks/windows operable from driver’s door switches
Global Lock / Unlock feature (Door-panel switches will lock/unlock all doors and rear liftgate. Eliminates
overhead console liftgate unlock switch and 45-second timer. Also eliminates the blue liftgate release 18D N/C -
button if ordered with Remote Keyless)
Remote Keyless-Entry Key Fob (w/o Keypad, less PATS) – (includes 4-key fobs)
Note: Available with Keyed Alike, however, key fobs are “not” fobbed alike when ordered with Keyed-Alike 55F 320.00 -
Keys (Note: Can be ordered with Remote Keyless-Entry – 55F)
Keyed Alike – 1435x 59E 47.00 -
Keyed Alike – 1284x 59B 47.00 X $47.00
Keyed Alike – 0135x 59D 47.00 -
Keyed Alike – 0576x 59F 47.00 -
Keyed Alike – 1111x 59J 47.00 -
Keyed Alike – 1294x 59C 47.00 -
Keyed Alike – 0151x 59G 47.00 -
Flooring / Seats
1st and 2nd row carpet floor covering (includes floor mats, front and rear) 16C O / P-65U 16C 118.00 -
2nd Row Cloth Seats has to be ordered with F6 88F 56.00 -
Power passenger seat (8-way) w/2-way manual recline and lumbar)87P 306.00 X $306.00
Front and Second Row Carpet With Floor Matts Front and Rear 16C 118.00 -
Front Console Plate Delete-Note: Not available with option: 67H, 67U, 85R 85D N/C -
Rear Center Seat Delete (includes center seat delete tray) Rear Center Seat Delete (includes center seat delete tray) Rear Center Seat Delete (includes center sea
Note: Not available with 65U or vinyl rear seats 85S N/C -
Rear Console Plate
Note: Not available with option: 65U, 85D 85R 42.00 -
Safety & Security
Ballistic Door-Panels (Level III+) – Driver Front-Door Only1 90D 1,490.00 -
Ballistic Door-Panels (Level III+) – Driver & Pass Front-Doors1 90E 2,979.00 -
Ballistic Door-Panels (Level IV+) – Driver Front-Door Only2 90F 2,270.00 -
Ballistic Door-Panels (Level IV+) – Driver & Pass Front-Door Only2 90G 4,541.00 -
BLIS® – Blind Spot Monitoring with Cross-traffic Alert (Requires 54Z)
Note: Includes manual fold-away mirrors, w/heat, w/o memory, w/o puddle lamps 55B 512.00 -
Police Perimeter Alert – detects motion in an approximately 270-degree radius on sides and back of
vehicle; if movement is determined to be a threat, chime will sound at level I. Doors will lock and 68B 635.00 X $635.00
windows will automatically go up at level II. Includes visual display in instrument cluster with tracking.
Pre-Collision Assist with Pedestrian Detection (includes Forward Collision Warning and Automatic
Emergency Braking and unique disable switch for Law Enforcement use)76P 136.00 -
Note: Not available with option 96W Note: Not available with option 96W Note: Not available with option 96W
Mirrors – Heated Sideview
Note: Not required when ordering BLIS® (heated mirror is included with BLIS®)549 56.00 X $56.00
Perimeter Anti-Theft Alarm
• Activated by Hood, Door or Liftgate; when unauthorized entry occurs, system will flash the
headlamps, parking lamps and sound the horn headlamps, parking lamps and sound the horn 593 112.00 -
• Requires Keyless-Entry Key Fob (55F)
Police Engine Idle feature
• This feature allows you to leave the engine running and prevents your vehicle from unauthorized
use when outside of your vehicle. Allows the key to be removed from ignition while vehicle remains 47A 244.00 -
idling.
Reverse Sensing System 76R 259.00 X $259.00
Misc
Aux Air Conditioning
Note: Now available with Cargo Storage Vault 17A 573.00 -
Badge Delete
• Deletes the “Police Interceptor” badging on rear liftgate 16D N/C -
• Deletes the “Interceptor” badging on front hood (EcoBoost®)
12.1"12.1” Integrated Computer Screen
Includes 12.1” touchscreen display in center stack and allows for operation of laptop in remote
location to free up cabin space in front passenger area
Includes Audio Video Extender (AVX) box, (2) AVX cables, (2) USB cables and (1) HDMI cable
Includes SYNC 3 47E 2,580.00
-
Cargo Storage Vault (includes lockable door and compartment light)
Note: Now available with Aux Air Conditioning 63V 230.00 -
OBD II Split Connector Highly Recomeneded by Up Fitters 61B 52.00 -
Rear Auxiliary Liftgate Lights 43A 371.00 -
Class III Trailer Tow Lighting Package (4-pin and 7-pin connectors and wiring) Now Standard 52T N/C -
H8 AGM Battery (900 CCA/92-amp) 19K 103.00 -
Noise Suppression Bonds (Ground Straps)60R 94.00 X $94.00
100 Watt Siren/Speaker (includes bracket and pigtail)18X 296.00 -
Low-Band Frequency Noise Suppression Kit New Option 68E 183.00 -
Pulse Rear-End Deterrent System*DLRI 299.99 -
-
-
Total Per Unit 44960.88
*Non Contracted State Items
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #3.C.
STAFF RE P ORT NO. 139
CIT Y COUNCIL ME E T ING
9/27/2022
RE P O RT P RE PA RE D B Y: C hris S wanson, Management A nalyst
D E PA RTME NT D IRE C TO R
RE V IE W:
O THE R D E PA RTM E NT
RE V IE W:
Jay Henthorne, P ublic S afety D irector, Jennifer A nderson, P ublic Health
A dministrator Mike F laherty, D eputy C hief
C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager
9/21/2022
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consider the approval of the first reading of an ordinance adopting Section 625 of the City Code
Prohibiting Conversion Therapy for Minors and Vulnerable Adults
E X E C UT IV E S UM M ARY:
City Council is being asked to consider the first reading of an Ordinance adopting City Code Section 625
prohibiting Conversion Therapy for Minors and Vulnerable Adults. The City Council heard a presentation at
the J une 6, 2021 Council work session on exploring a conversion therapy ban in the future. The City Council
supported moving forward with a ban and asked staff and the Richfield Human Rights Commission (HRC) to
begin drafting an ordinance with these protections.
At the August 4, and September 6, 2022 meetings, the HRC reviewed an ordinance presented by staff.
Based on discussions with the HRC during these meetings, staff made updates to the proposed ordinance.
The HRC recommended the ordinance be sent on to the City Council for review and formal approval. As
Council has already discussed this ordinance during a work session, staff is recommending adoption of this
ordinance.
Background:
The proposed ordinance would ban “conversion therapy” for minors and vulnerable adults in Richfield. The
proposed ordinance defines “conversion therapy” or “reparative therapy” as any practice or treatment by a
provider that seeks to change an individual’s sexual orientation, gender identity, or gender expression.
The HRC has taken on this issue as it is directly related to their commitment to the Minnesota Human Rights
Act (MHRA). The MHRA prohibits discrimination in Minnesota and is enforced by the Minnesota Department
of Human Rights (MD HR). The state law prohibits discrimination in employment, housing, public
accommodations, public services, education, credit, and business based on protected class, including sexual
orientation and gender identity. I n Minnesota, the practice of conversion therapy for minors and vulnerable
adults is currently restricted by Executive Order 21-25. As Executive Order 21-25 is currently enforceable,
the governor has tasked the MD HR with investigating any violations of this order. I f, due to legislative or
legislative actions, Executive Order 21-25 was not in place, there may be questions about the enforceability of
this provision at the state level. This proposed ordinance would ensure there are protections for minors and
vulnerable adults if the protections offered by the executive order were to be removed.
The HRC’s purpose is “is to secure for all citizens equal opportunity in employment, housing, public
accommodations, public services and education and full participation in the affairs of this community and to
take appropriate action consistent with the Minnesota Human Rights Act. The Commission shall also advise
the City Council on long range programs to improve human relations in the City.” This proposed ordinance is
directly aligned with the HRC’s charge from the Council.
W hy pass an ordinance banning conversion therapy?
Research shows conversion therapy is harmful to those who have undergone this practice. According to the
Trevor Project’s 2019 national survey on L GB TQ+ mental health, 42 percent of L GB TQ+ youth who have
undergone conversion therapy have attempted suicide, compared to 17 percent for those who have not.
Numerous professional health organizations, including the American Psychiatric Association, the American
Medical Association, the American Psychological Association, the Minnesota Medical Association, and the
Minnesota Psychological Association, have repeatedly voiced their opposition to these practices and the harm
this causes.
Although there is currently no Federal ban on conversion therapy, 20 States including the District of
Columbia and Puerto Rico have moved to ban this practice at the state level. Seven Minnesota cities (St Paul,
Minneapolis, W est St. Paul, W inona, Northfield, Duluth, and Rochester) currently have ordinances in place
banning this harmful practice. I n Minnesota, the practice of conversion therapy for minors and vulnerable
adults is currently restricted by Executive Order 21-25. There have been a few bills introduced in the
Minnesota House (HF2156) and Senate which would have banned on conversion therapy statewide, but no
law has yet passed. By passing a local ordinance, Richfield can ensure minors and vulnerable adults are
protected. Should State law change to ban this practice statewide there will be no impact on the proposed city
ordinance as it will remain dormant.
Summary of proposed ordinance
This ordinance was reviewed by the City Manager, City Attorney, Director of Public Safety, and the City’s
Public Health Administrator. I t was modeled on a number of ordinances passed by cities. The purpose,
findings, and specific points to note in the ordinance are as follows:
The practice of conversion therapy has been found to lead to critical health risks and
inequities including anxiety, depression, decreased self-esteem, substance abuse,
homelessness, self-harm, and suicide.
Major medical, mental health, and child welfare professional associations, including the
American Psychological Association, American Psychiatric Association, American Medical
Association, and American Academy of Pediatrics, have found conversion therapy ineffective,
unreliable, and unsafe.
Minors and vulnerable adults are especially vulnerable to the harms associated with conversion
therapy and may lack the ability to make decisions about their own medical and mental health.
The proposed ordinance would apply to licensed providers as defined as follows: “Provider”
means any licensed medical or mental health professional including, but not limited to, licensed
mental health counselors, mental health counselor associates, marriage and family therapists,
marriage and family therapist associates, social workers, and social worker associates, and
any physicians, psychologists, psychotherapist, certified chemical dependency professionals,
certified chemical dependency professional trainees, counselors, certified counselors, and
certified advisers. A provider does not include members of the clergy or religious officials who
are (1) acting in their roles as clergy, religious officials, or pastoral counselors and (2)
providing religious counseling. This includes providers who may be located outside city limits
but provide this service via “Teleconferencing” or “Telemedicine”.
As noted in the above definition, this ordinance does not affect religious counselors or
individual prayer practices. This ties the ban to the purpose of the ordinance, to protect the
health of children and vulnerable adults and removes potentially unconstitutional-speech
requirements.
Conversion therapy does not include mental health services that (1) provide assistance to an
individual undergoing gender transition or confirmation (2) facilitate an individual’s
acceptance, support, understanding, exploration, and development of gender identity or sexual
orientation; or (3) prevent or address unlawful conduct or unsafe sexual practices if such
mental health services do not seek to change or are not conducted with the goal of changing
the person’s sexual orientation or gender identity; or (4) are required by a court order,
decision, or judgment of a judicial officer.
Enforcement: The enforcement provisions allow the City Manager or designated City staff, in
coordination with the Director of Public Safety and City Attorney to investigate and follow the
City's standard administrative citation process outlined in Chapter 325 of City Code or refer
the violation to appropriate state licensing boards, authorities, and/or agencies.
Violations of this Section are punishable by civil fines set annually by Appendix D of the City
Code. This includes separate civil fine amounts for a first, second, and any subsequent
violation. Staff is recommending the fine amount for a violation of this section should be $1,000
per instance, the maximum amount per the City Charter, regardless of number of prior
violations.
Severability: I f any part, term, or provision of this Section or the application is held to be
invalid or unconstitutional, such portion shall be deemed severable and shall not affect the
validity of the remaining portions of this section. The remaining portions shall continue in full
force and effect. The invalid provision will be modified to the extent necessary so the section
continues to be enforceable.
Effective date for enforcement: The city recognizes the practice of conversion therapy for
minors and vulnerable adults is currently restricted in Minnesota by Executive Order 21-25.
The city wishes to enact this section to ensure, regardless of the political climate, the
protections of minors and vulnerable adults remain in place. This ordinance shall become
enforceable effective thirty (30) days following the occurrence of any of the following
circumstances:
1. Action from the Minnesota Governor ’s office which rescinds or blocks Executive
Order 21-25; or
2. Adoption of an amendment to the Constitution of the State of Minnesota which provides
cities the authority to allow conversion therapy or reparative therapy; or
3. The City Council moves, by resolution, to begin immediate enforcement of this
ordinance.
Generally, the City used A PA definitions, when available. The professional terminology used to
discuss gender identity, sexual orientation, gender expression, and conversion therapy, is still
in development. Staff used terminology from the American Psychological Association’s
Guidelines for Psychological Practice with Transgender and Gender Nonconforming People
when available (sexual orientation, gender expression, and gender identity). To the extent
possible, the language used allows a ban on the broadest-possible range of harmful practices
and provides protections to the greatest number of the L GB TQ+ community.
City Council is being asked to consider the first reading of an Ordinance adopting City Code Section 625,
the prohibition Conversion Therapy for Minors and Vulnerable Adults.
RE C O M M E ND E D AC T I O N:
By motion: Approve the first reading of the ordinance adopting Section 625 of the City Code
Prohibiting Conversion Therapy for Minors and Vulnerable Adults and schedule the second reading for
October 11, 2022.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
Please see executive summary.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
None
C.C R IT IC AL T IMIN G IS S U E S:
None
D.F IN AN C IAL IMPAC T:
None
E.L E GAL C ON S ID E R AT ION:
The City attorney has reviewed and approved this ordinance.
ALTE R N AT IV E R E C O MME N D ATIO N(S):
The City Council could defer action on this item to a future meeting or amend the proposed ordinance.
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
HRC Commissioner Mara Glubka
AT TAC H ME N T S:
D escription Type
P roposed C onversion Therapy Ordinance Ordinance
1
BILL NO. XXX
AN ORDINANCE ADOPTING SECTION 635
IN RICHFIELD CITY CODE PERTAINING
TO THE PROHIBITION OF CONVERSION
THERAPY FOR MINORS AND
VULNERABLE ADULTS
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Chapter VI, of the Richfield Code of Ordinances is amended to add the
following new Section 635 as follows:
SECTION 635. – PROHIBITION OF CONVERSION THERAPY FOR MINORS AND
VULNERABLE ADULTS
635.01. - Findings and Purpose.
Subdivision 1. The practice of conversion therapy has been found to lead to
critical health risks and inequities including anxiety, depression, decreased
self-esteem, substance abuse, homelessness, self -harm, and suicide.
Subd. 2. Major medical, mental health, and child welfare professional
associations, including the American Psychological Association, American
Psychiatric Association, American Medical Association, and American Academy of
Pediatrics, have found conversion therapy ineffective, unreliable, and unsafe.
Subd. 3. Minors and vulnerable adults are especially vulnerable to the harms
associated with conversion therapy and may lack the ability to make decisions
about their own medical and mental health.
Subd. 4. The city has a compelling interest in protecting the physical and
psychological health of minors and vulnerable adults and in protecting them
against exposure to the serious harms caused by the practice of conversion
therapy.
Subd. 5. It is necessary for the City Council to exercise its legislative power
to protect and promote the health, safety, and welfare of the city’s minors
and vulnerable adults.
Subd. 6. This section is an exercise of the city’s commitment to achieving a high
quality of life relating to the protection of public health, safety, and welfare. Its
provisions shall be liberally construed to accomplish that purpose. The purpose of
this section is to protect the physical and psychological health of minors and
vulnerable adults from exposure to the serious harms caused by conversion
therapy.
Subd.7. The city recognizes the practice of conversion therapy for minors and
vulnerable adults is currently restricted in Minnesota by Executive Order 21-25,
2
but the city wishes to enact this section to ensure the protections of minors and
vulnerable adults regardless of the political climate.
635.02.- Definitions.
Subdivision 1. General Rule. The following words, terms, and phrases, when
used in this section, shall have the meanings ascribed to them in this subsection,
except where the context clearly indicates a different meaning.
Subd. 2. “Conversion therapy” or “reparative therapy” means any practice or
treatment by a provider that seeks to change an individual’s sexual orientation,
gender identity, or gender expression. Conversion therapy does not include
mental health services that (1) provide assistance to an individual undergoing
gender transition or confirmation (2) facilitate an individual’s acceptance,
support, understanding, exploration, and development of gender identity or
sexual orientation; or (3) prevent or address unlawful conduct or unsafe sexual
practices if such mental health services do not seek to change or are not
conducted with the goal of changing the person’s sexual orientation or gender
identity; or (4) are required by a court order, decision, or judgment of a judicial
officer.
Subd. 3. “Gender expression” means the presentation and behaviors of an
individual that express aspects of gender identity or role. Gender expression may
or may not conform to a person’s gender identity.
Subd. 4. “Gender identity” means a person’s deeply‐felt, inherent sense of being
a boy, a man, or male; a girl, a woman, or female; or an alternative gender (e.g.,
genderqueer, gender nonconforming, gender neutral) that may or may not
correspond to a person’s sex assigned at birth or to a person’s primary or
secondary sex characteristics. Since gender identity is internal, a person’s
gender identity is not necessarily visible to others.
Subd. 5. “Minor” includes any person less than eighteen (18) years of age,
except those persons who are able to give effective consent to medical and
mental health services pursuant to Minnesota Statutes, Chapter 144.
Subd. 6. “Provider” means any licensed medical or mental health professional
including, but not limited to, licensed mental health counselors, mental health
counselor associates, marriage and family therapists, marriage and family
therapist associates, social workers, and social worker associates, and any
physicians, psychologists, psychotherapist, certified chemical dependency
professionals, certified chemical dependency professional trainees, counselors,
certified counselors, and certified advisers. A provider does not include members
of the clergy or religious officials who are (1) acting in their roles as clergy,
religious officials, or pastoral counselors and (2) providing religious counseling.
Subd. 7. “Sexual Orientation” means a component of identity that includes a
person’s sexual and emotional attraction to another person and the behavior
and/or social affiliation that may result from this attraction. This definition does
3
not include any criminal conduct as defined in Minnesota Statutes, Chapter 609.
Subd. 8. “Vulnerable adult” includes any person 18 years of age or older and
who meets the definition of a vulnerable adult in Minnesota Statutes, Section
626.5572.
Subd. 9. “Clergy” or “Religious Official” has the meaning given by Minnesota
Statutes, Section 148.9075, and includes recognized religious officials, including
ministers, priests, rabbis, imams, Christian Science practitioners, and other
persons recognized by the Minnesota Board of Psychology, conducting counseling
activities that are within the scope of the performance of their regular recognizable
religious denomination or sect, as defined in current federal tax regulations, if the
religious official does not hold them self out as a provider, as defined in this article,
and the official remains accountable to the established authority of the religious
denomination or sect.
Subd. 10. “Teleconferencing” or “Telemedicine” means the distribution of health-
related services and information via electronic information and
telecommunication technologies (e.g., video conferencing or web-based
communication tools that enable a provider in one location to consult with an
individual in a second location).
635.03. - Prohibition on conversion therapy for minors or vulnerable adults.
Subdivision 1. It shall be unlawful for a provider to conduct or practice
conversion therapy on a minor or a vulnerable adult within the city limits ,
including conversion therapy via teleconferencing or telemedicine in which the
minor, vulnerable adult, and/or provider is located within the city limits.
Subd. 2. Nothing in this section shall be construed to prevent a person employed
by a post- secondary or graduate institution from teaching and conducting
research on conversion therapy within an educational institution that is
recognized by a regional accrediting organization or by a federal, state, county,
or local government institution, agency, or research facility, so long a s the
institution provides appropriate research oversight mechanisms to ensure public
protection and the person is not providing direct clinical services of conversion
therapy to minors.
Subd. 3. This section does not prohibit the practice of conversion therapy on
individuals over the age of 18, who are not considered vulnerable adults under
Minnesota Statutes, Section 626.5572.
635.04. - Enforcement.
Subdivision 1. Upon receipt of a report of an alleged violation of this section, the
City Manager or their designee, in coordination with the Director of Public Safety
and City Attorney, may, as deemed appropriate, investigate the allegation.
Subd. 2. Upon discovery of a violation of this Section, the city may implement
4
the administrative citations and civil pe nalty procedure detailed in Section 325 of
this Code.
Subd. 3. Each subsequent instance or session of conducting or practicing
conversion therapy or reparative therapy on a minor or a vulnerable adult is a
distinct offense, for which a separate administrative citation and fine may be
issued.
Subd. 4. Violations of this Section are punishable by civil fines set annually by
Appendix D of the City Code, including separate civil fine amounts for a first,
second, and any subsequent violation.
Subd. 5. The City Manager or their designee, in coordination with the Director of
Public Safety and City Attorney, will report the violation and details surrounding
the violation to each appropriate licensing board or authority or state agency.
Subd. 6. Notwithstanding any law or ordinance to the contrary, this Section does
not prohibit or preclude any other available legal remedies for any violation of the
law, including without limitation, criminal or civil actions. This includes remedies at
the state or federal level.
635.05. - Severability.
If any part, term, or provision of this Section or the application thereof to any person or
circumstances is held by a court of competent jurisdiction to be invalid or
unconstitutional by a decision of a court of competent jurisdiction, such portion shall be
deemed severable and such unconstitutionality or invalidity shall not affect the validity of
the remaining portions of this section, which remaining portions shall continue in full
force and effect. The invalid provision will be modified to the extent necessary so the
section continues to be enforceable.
635.06. - Effective date for enforcement
The city recognizes the practice of conversion therapy for minors and vulnerable adults is
currently restricted in Minnesota by Executive Order 21-25. The city wishes to enact this
section to ensure, regardless of the political climate, the protections of minors and
vulnerable adults remain in place.
Notwithstanding any other provision of law, this section shall become enforceable
effective thirty (30) days following the occurrence of any of the following
circumstances:
(a) Action from the Minnesota Governor’s office which rescinds or blocks Executive
Order 21-25; or
(b) Adoption of an amendment to the Constitution of the State of Minnesota which
provides cities the auth ority to allow conversion therapy or reparative therapy; or
(c) The City Council moves, by resolution, to begin immediate enforcement of this
ordinance.
5
Section 2. Appendix D of the Richfield Municipal Code is amended as follows:
Appendix D – License, Permit and Miscellaneous Fees
Section 11. Miscellaneous Fees.
Type of Permit or
License
Section Description Fee
Requiring
Violation of Conversion
Therapy Ban
635 Providing Conversion
therapy to a minor or
vulnerable adult
$1,000
per
instance
Section 3. Effective Date. This ordinance becomes effective on January 1, 2023.
Passed by the City Council of the City of Richfield, Minnesota this 11th day of
October, 2022.
Maria Regan Gonzalez, Mayor
ATTEST:
Kari Sinning, City Clerk
AGENDA SECTION:PUBLIC HEARINGS
AGENDA ITEM #5.
STAFF RE P ORT NO. 141
CIT Y COUNCIL ME E T ING
9/27/2022
RE P O RT P RE PA RE D B Y: Jennifer A nderson, S upport S ervices Manager
D E PA RTME NT D IRE C TO R RE V IE W: Jay Henthorne, D irector of P ublic S afety/C hief of P olice
9/21/2022
O THE R D E PA RTM E NT RE V IE W:
C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager
9/21/2022
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Public hearing and consider the approval of new On-Sale Wine and 3.2 Percent Malt
Liquor licenses for Kataki, located at 6401 Nicollet Avenue.
E X E C UT IV E S UM M ARY:
On J une 22, 2022, the City received the application materials for new On-Sale W ine and 3.2 Percent Malt
Liquor licenses for Kataki, located at 6401 Nicollet Avenue.
All required information and documents have been received. All licensing fees have been paid.
T he Public Safety background investigation has been completed. Attached is the background
summary report. T he Public Safety Director has reviewed the background investigation report.
T here is nothing in the report that would cause the Public Safety Director to recommend denial of
the requested licenses.
RE C O M M E ND E D AC T I O N:
Conduct and close the public hearing and by motion: Approve the issuance of new On-Sale Wine and
3.2 Percent Malt Liquor licenses for Kataki, located at 6401 Nicollet Avenue.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
The applicant has satisfied the following requirements for issuance of licenses:
The required license fees have been paid.
Real estate taxes are current.
Proof of commercial and liquor liability insurance have been received showing Society
I nsurance as affording coverage.
As a result of this being a new request for On-Sale W ine and 3.2 Percent Malt Liquor licenses,
there is no need for an accountant's statement regarding food/alcohol ratio.
As stated in the Executive Summary, the Public Safety Director has reviewed the background
information and sees no basis for denial.
On-Sale W ine and 3.2 Percent Malt Liquor licenses require owners of these establishments to
comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing
problems occur. A copy of this resolution has been given to the owner of the establishment.
There are no distance requirements to notify neighbors of the issuance of On-Sale W ine and 3.2
Percent Malt Liquor licenses.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
Richfield City Code Section 1202 requires owners of On-Sale W ine and 3.2 Percent Malt
Liquor licensed establishments to comply with all the provisions of both City Code and State Statutes.
C.C R IT IC AL T IMIN G IS S U E S:
There are no critical timing issues.
D.F IN AN C IAL IMPAC T:
Licensing fees have been received.
E.L E GAL C ON S ID E R AT ION:
The requirements of Resolution No. 9511 must be met which outlines the discipline they can
expect if any on-going problems occur. A copy of this resolution has been given to the owner of
the establishment.
The Notice of Public Hearing was published in the Richfield Sun Current on September 15, 2022.
ALTE R N AT IV E R E C O MME N D ATIO N(S):
The Council could deny the requested licenses, which would mean the current applicants would not be
able to serve On-Sale W ine and 3.2 Percent Malt Liquor; however, Public Safety has found no basis to
deny the license.
Schedule the hearing for another date; however, this will delay the licensing process.
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
W en J ing Liu - Owner
AT TAC H ME N T S:
D escription Type
K ataki - L iquor B ackground B ackup Material
K ataki - B ackground S upplement B ackup Material
AGENDA SECTION: PROPOSED
ORDINANCES
AGENDA ITEM # 6.
STAFF REPORT NO. 142
CITY COUNCIL MEETING
9/27/2022
REPORT PREPARED BY: Jennifer Anderson, Support Services Manager
DEPARTMENT DIRECTOR REVIEW: Jay Henthorne, Director of Public Safety/Chief of Police
9/21/2022
OTHER DEPARTMENT REVIEW:
CITY MANAGER REVIEW: Katie Rodriguez, City Manager
9/21/2022
ITEM FOR COUNCIL CONSIDERATION:
Consider the approval of the second reading and summary publication of an ordinance amending
Sections 617 (Food Establishments), 618 (Lodging Establishments), and 619 (Public Pools) of the
Richfield City Code to update regulations to be consistent with delegated State requirements and
miscellaneous edits for clarity related to food establishments, lodging establishments, and public
pools.
EXECUTIVE SUM MARY:
The Minnesota Department of Health (MDH) recently reviewed city code for conformance with the City’s
delegation of authority agreement to license and inspect food and lodging establishments, and public
pools. Based on their assessment, MDH staff recommended minor edits to city code to better align with
state requirements for public pool plan review and lodging establishment variances.
Updates include aligning food supplemental and temporary license categories in code and fee schedule,
having code reflect the current practice of issuing outdoor public pool licenses after passing inspection,
and adding a reinspection fee ($100) for an outdoor pool opening inspection when the operator fails to
cancel the appointment and the pool is not ready to open.
The first reading of this ordinance amendment was heard by the City Council on September 13, 2022.
RECOM MENDED ACTION:
By Motion:
BASIS OF RECOM MENDATION:
A.HISTORICAL CONTEXT
See Executive Summary
B.POLICIES (resolutions, ordinances, regulations, statutes, etc):
Chapter 6 of the Richfield City Code pertains to the regulation and enforcement of Public Health areas
such as food, pools, lodging, wells, and tattoo and body piercing establishments.
1.Approve the second reading of an ordinance amending Sections 617, 618, and 619 of the
Richfield City Code pertaining to food, lodging and pools; and,2.Approve a resolution authorizing summary publication of said ordinance
C.CRITICAL TIMING ISSUES:
NA
D.FINANCIAL IMPACT:
NA
E.LEGAL CONSIDERATION:
The City Attorney has reviewed the ordinance and approves of its contents.
ALTERNATIVE RECOMMENDATION(S):
The City Council may not decided to approve the second reading of the ordinance and direct staff how to
proceed.
PRINCIPAL PARTIES EXPECTED AT MEETING:
ATTACHMENTS:
Description Type
Chapter 6 proposed amendments Cover Memo
1
BILL NO. ________
AN ORDINANCE UPDATING REGULATIONS FOR FOOD ESTABLISHMENTS, LODGING
ESTABLISHMENTS, AND PUBLIC POOLS TO BE CONSISTENT WITH DELEGATED STATE
REQUIREMENTS AND MISCELLANEOUS EDITS FOR CLARITY AMENDING SECTIONS 617, 618,
AND 619 OF THE CITY CODE
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Section 617 of the Richfield City Code is amended as follows:
CHAPTER VI - PUBLIC HEALTH
* * *
SECTION 617. - FOOD ESTABLISHMENTS
* * *
617.15. - Food establishment licensing categories and restrictions.
* * *
Subd. 6. Supplemental facility means any additional distinct or separate food service facility on the
same premises as a Type I, II, III, IV, or V establishment, including catering food vehicles. Supplemental
facilities are categorized as:
(a) High Supplemental Facility having similar food handling operations specified under Type I or II
establishment;
(b) Medium Supplemental Facility having similar food handling operations specified under Type III or
IV establishment; or
(c) Low Supplemental Facility having similar food handling operations specified under Type IV or V
establishment.
Subd. 7. Temporary food establishment is defined in Minnesota Rules, Chapter 4626 and includes
special event food stands as defined in Minnesota Statutes, Cha pter 157. Temporary Food
Establishments are categorized as:
(a) Complex Temporary Food Establishment having similar food handling operations specified under
Type I and or II Type III establishments; or
(b) Simple Temporary Food Establishment having similar food handling operations specified under
Type III, IV and or V establishments.
* * *
2
Sec. 2. Section 618 of the Richfield City Code is amended as follows:
SECTION 618. - LODGING ESTABLISHMENTS
618.01. - Findings and purpose.
This section is enacted to establish standards for the regulation of lodging establishments in Richfield ,
in order to protect the health, safety , and general welfare of the public pursuant to the powers
granted under Minnesota Statutes, Chapter 145A. The principal objectives of this section of the City
Code are to prevent illness, to correct and prevent conditions that may adversely affect persons
utilizing licensed establishments, to provide consistent standards for design, construction, operation,
and maintenance of licensed establishments, and to meet the consumer expectations of health and
safety of licensed establishments.
For the purpose of prescribing regulations governing lodging establishments, the City of Richfield
hereby adopts the following rules and statutes as may be amended or recodified from time to time:
(a)Minnesota Statutes, Chapters 157, except for section 157.16 and Minnesota Statutes, Chapter 327;
and
(b)Minnesota Rules, Part 4625 , except for part 4625.2300; and
(c)Minnesota Rules, Part 4717.7000, subpart 1(D).
* * *
Sec. 3. Section 619 of the Richfield City Code is amended as follows:
SECTION 619. - PUBLIC POOLS
619.01. - Findings and purpose.
This section is enacted to establish standards for the regulation of public pools in Richfield , in order to
protect the health, safety, and general welfare of the public pursuant to the powers granted under
Minnesota Statutes, Chapter 145A. The principal objectives of this section of the City Code are to
prevent illness, to correct and prevent conditions that may adversely affect persons utilizing public
pools, to provide consistent standards for design, construction, operation and maintenance of public
pools, and to meet the consumer expectations of health and safety of public pools.
For the purpose of prescribing regulations governing public pools, the City of Richfield hereby adopts
Minnesota Rules, chapters parts 4717.0150 through 4717.39753970, except part 4717.0450, and
Minnesota Statute Statutes, section 144.1222, as may be amended or recodified from time to time.
* * *
619.09. - License fees.
License fees shall be as set forth in Appendix D of this Code. Initial and renewal licenses shall be issued
for the calendar year for which application is made and shall expire on December 31 of such year.
License renewals shall be obtained on an annual ba sis. Outdoor public pool licenses will be issued
following a satisfactory beginning of the season inspection or opening inspection.
3
* * *
619.17. - Additional health and safety standards.
This Article subsection specifically adopts the following additional standards for health and safety to
Minnesota Rules, Chapter 4717:
Subdivision 1. When the public pool is not open for use, access to the pool shall be prevented.
Subd. 2. Minnesota Rules, Chapter 4717.3970, POOL CLOSURE, C. The pool shall be c losed when the
disinfection residual exceeds 10 parts per million for chlorine and 20 parts per million for bromine.
Pools with disinfection residual of 5 to 10 parts per million chlorine and 10 to 20 parts per million
bromine may remain open if all other pool water conditions are met per Minnesota Rules, Chapter
4717.1750.
Subd. 3 2. Depth of the water must be plainly marked at or above the water surface on the vertical
pool wall anywhere it is required on the deck in Minnesota Rules, Chapter 4714.2450.
** *
619.23. - Plan review.
Construction shall not commence on any new or remodeled public pool or any existing structure
converted to a public pool until the Health Authority Minnesota Department of Health has reviewed
and approved the plans and specifications as set forth in this section Minnesota Rules, part
4717.0450.
Subdivision 1. Submission of Plans. All building, electrical, plumbing and HVAC plans must be
submitted to the building and inspection division and the Health Authority for review and approval.
Subd. 3 2. Plan review fees. Fees for building and inspection division plan review of new or remodeled
public pools shall be those set by the City. If work has commenced prior to approval of construction or
remodeling plans, additional fees may be assessed.
[Subd. 4. Additional criteria. The plans and specifications for those public pools reviewe d by the
Health Authority must include:
(a)A survey showing proper setbacks, easements, pool placement, equipment placement, fence
location, deck location, impervious surface coverage of the lot, and location of overhead electrical
wires;
(b)The proposed equipment types, manufacturers, model numbers, dimensions, performance
capabilities, and installation specifications; and
(c)Fencing plan including type, material, height, gate location and latching mechanism.]
* * *
4
Sec. 4. This Ordinance will be effective in accordance with Section 3.09 of the City Charter.
Adopted this _________day of ____________________, 2022.
By: _____________________________
Maria Regan Gonzalez, Mayor
ATTEST:
________________________
Kari Sinning, City Clerk
RESOLUTION NO. _____
RESOLUTION APPROVING SUMMARY PUBLICATION
OF AN ORDINANCE UPDATING REGULATIONS FOR FOOD ESTABLISHMENTS,
LODGING ESTABLISHMENTS, AND PUBLIC POOLS TO BE CONSISTENT WITH
DELEGATED STATE REQUIREMENTS AND MISCELLANEOUS EDITS FOR
CLARITY AMENDING SECTIONS 617, 618, AND 619 OF THE CITY CODE
WHEREAS, the City has adopted the above-referenced amendment of the
Richfield City Code; and
WHEREAS, the verbatim text of the amendment is cumbersome, and the
expense of publication of the complete text is not justified;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield that the following summary is hereby approved for official publication:
SUMMARY PUBLICATION
BILL NO. ________
AN ORDINANCE AMENDING SECTIONS 617, 618, AND 619 OF THE CITY CODE
This summary of the ordinance is published pursuant to Section 3.12 of the
Richfield City Charter.
This ordinance, which amends City Code Sections 617, 618, and 619 relating to
food establishments, lodging establishments and public pools, does the following:
updates the city code to better align with state requirements for public pool plan review,
lodging establishment variances, and aligns food supplemental and temporary licenses
categories in code and fee schedule.
Copies of the ordinance are available for public inspection in the City Clerk’s
office during normal business hours or upon request by calling the Support Services
Manager at 612-861-9881.
Adopted by the City Council of the City of Richfield, Minnesota this 13th day of
September, 2022.
Maria Regan Gonzalez, Mayor
ATTEST:
Kari Sinning, City Clerk
AGENDA SECTION:PROPOSED
ORDINANCES
AGENDA ITEM #7.
STAFF REPORT NO. 143
CITY COUNCIL MEETING
9/27/2022
REPORT PREPARED BY: Nellie Jerome, Assistant Planner
DEPARTMENT DIRECTOR REVIEW: Melissa Poehlman, Community Development Director
9/20/2022
OTHER DEPARTMENT REVIEW:
CITY MANAGER REVIEW: Katie Rodriguez, City Manager
9/21/2022
ITEM FOR COUNCIL CONSIDERATION:
Second reading and summary publication of an ordinance amending the Richfield Zoning Code to
update regulations for electric vehicle chargers
EXECUTIVE SUMMARY:
This ordinance amendment would remove requirements that Electric Vehicle (EV) chargers be installed in
enclosed parking areas. The amendment would generally maintain the minimum amount of chargers required
and would not change any other dimensional or installation requirements. The amendment will better align the
EV charging rules with the MN State Building Code.
The current EV ordinance requires that built structures include EV infrastructure, which goes above and
beyond the requirements for built structures in the MN State Building Code. This is not allowed according to
State Statute 326B.121. Staff has reviewed our ordinance and proposes to remove the word “enclosed” in
order to avoid a challenge of the City’s EV ordinance. Developers would still have the option to meet the
requirement through enclosed stalls.
Additionally, a change is required to the wording for conduit installation in residential uses with 4-14 units and
with 15 or more units. The recommended change in wording will require at least 50% all of parking spaces to
be built with EV charger conduit, instead of the previous wording which required 100% of all enclosed spaces
to have conduit. The required ratio of 50% is intended to maintain the approximate required quantity of EV-
ready stalls.
Staff recommends approval of the ordinance change to bring our City’s EV standards in line with the MN
State Building Code.
RECOMMENDED ACTION:
By motion:
1.Approve the attached ordinance amending the Richfield Zoning Code to update regulations for
electric vehicle chargers; and,
2.Approve a resolution authorizing summary publication of said ordinance
BASIS OF RECOMMENDATION:
A.H IS TOR IC AL C ON T E X T
An ordinance amendment establishing standards for E V chargers was passed by the City Council on
March 8, 2022.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
Subsection 544.13 of the Richfield Zoning Code establishes standards for E V chargers.
A public hearing was held before the Planning Commission on August 22, 2022. No members of
the public commented on the proposed amendment.
The Planning Commission unanimously recommended approval at their August 22, 2022,
meeting.
A first reading of the proposed ordinance was approved at the September 13, 2022, regular City
Council meeting.
C.C R IT IC AL T IMIN G IS S U E S:
None.
D.F IN AN C IAL IMPAC T:
None.
E.L E GAL C ON S ID E R AT ION:
State Statute 326B.121, Subdivision 2, part (c) states that “A municipality must not by ordinance,
or through development agreement, require building code provisions regulating components or
systems of any structure that are different from any provision of the State Building Code. […]”
The City Attorney has reviewed the proposed ordinance.
ALTE R N AT IV E R E C O MME N D ATIO N(S):
Approve the ordinance amendment or summary publication updating regulations for E V
chargers.
Deny the ordinance amendment or summary publication updating regulations for E V chargers, thus
maintaining the status quo.
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
None.
AT TAC H ME N T S:
D escription Type
Ordinance Ordinance
S ummary P ublication Resolution Resolution L etter
BILL NO. _____
AN ORDINANCE AMENDING THE RICHFIELD
ZONING CODE TO UPDATE REGULATIONS
FOR ELECTRIC VEHICLE CHARGERS
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Subsection 544.13, Subdivision 7, of the Richfield Zoning Code is amended
as follows:
Subd. 7. Electric Vehicle Charger Requirements
a) Purpose. Ensuring that electric vehicle (“EV”) charging serves both
short- and long-term parking needs throughout the city, while limiting
adverse impacts of EV chargers, reducing emissions, and improving
environmental health outcomes in our community.
b) EV charger level descriptions:
i. Level-1 (or “L1”) is considered slow charging and includes a range
from zero (0) volts to one hundred twenty (120) volts.
ii. Level-2 (or “L2”) is considered medium charging and includes a
range from one hundred twenty (120) volts to two hundred forty
(240) volts.
iii. Level-3 (or “L3”) is considered fast or rapid charging and includes a
range of greater than two hundred forty (240) volts.
c) EV-ready spaces and EV parking space standards:
i. EV-ready spaces shall require appropriate electrical capacity and
conduits to support future EV chargers. Appropriate electrical
capacity and conduits shall allow for future simultaneous charging of
all future installed chargers. EV-ready spaces shall not require an
installed charger unit.
ii. EV charger installation in excess of any minimum requirements may
be substituted for up to five (5) percent of minimum off-street
parking requirements. One (1) L2 or L3 charger is equivalent to one
(1) parking space.
iii. EV charger locations and standards:
1) EV chargers must be located in a parking island, mounted to an
adjacent pedestal or similar structure, or protected by bollards,
structures, or a curb if located in a parking lot.
2) EV chargers shall be set back at least three (3) feet from any lot
line abutting another parcel. However, upon written request
from the property owner, the Director may reduce or rescind this
setback requirement for shared access agreements or pursuant
to a finding of necessity and public convenience.
3) EV chargers located along an alley, or located adjacent to a
right-of-way which contains a public sidewalk, shall be set back
at least three (3) feet from the nearest edge of such alley or
sidewalk. When adjacent to the right-of-way, the location must
be approved by the Director of Public Works. EV chargers may
be located in the right-of-way, with permission from the Director
of Public Works. EV chargers mounted on pedestals, light posts,
bollards, or other devices for on-street charging stations shall be
designed and located as to not impede pedestrian travel or
create hazards within the right-of-way.
4) EV chargers shall be set back at least twenty-four (24) inches
from the face of any adjacent curb.
5) EV chargers shall be mounted in a manner that allows for any
cords to be retractable or hung sufficiently above any pedestrian
surface.
6) EV chargers shall be installed pursuant to manufacturer
specification and shall comply with all applicable building codes
and relevant Americans with Disabilities Act (ADA)
requirements.
7) When an EV charger is not operational for thirty (30)
consecutive days, it shall be considered to be removed from
service.
8) EV chargers must be operational during the normal business
hours of the use(s) served. EV chargers may be de-energized or
otherwise restricted after normal business hours of the use(s)
served.
d) Minimum requirements for EV chargers and EV-ready spaces by land
use are as follows:
USE
INSTALLED EV
CHARGING
STATIONS* EV-READY SPACES*
ADDITIONAL
REQUIREMENTS
Residential uses
with up to 3 units
At least one (1)
enclosed space
shall support L1
charging.
Residential uses
with 4 to 14 units
Ten (10) percent of
enclosed parking
spaces shall
support L1
charging.
Two (2) spaces capable
of L2 or L3 charging. A
minimum of fifty (50)
percent of All remaining
enclosed spaces
capable of L1 charging.
Residential uses
with 15 units or
more
Ten (10) percent of
parking spaces
shall support L2
Twenty (20) percent of
spaces capable of L2 or
L3 charging. A minimum
of fifty (50) percent of All
At least one ADA
parking space shall
have access to an
charging.
remaining enclosed
spaces capable of L1
charging.
installed EV charger.
Non-residential
uses with up to
twenty (20) spaces
One (1) space shall
support L2 or L3
charging
Ten (10) percent of
spaces capable of L2 or
L3 charging.
Non-residential
uses with twenty-
one (21) or more
off-street parking
spaces
Five (5) percent of
parking spaces
shall support L2 or
L3 charging.
Twenty (20) percent of
spaces capable of L2
charging. At least 1
space capable of L3
charging.
At least one ADA
parking space shall
have access to an EV
charger.
*If calculation results in a fraction, the next higher whole number shall be used.
e) The minimum number of EV chargers may be reduced by the Director if
proof can be provided that such spaces will not be used.
Section 5. This Ordinance is effective in accordance with Section 3.09 of the Richfield City
Charter.
Passed by the City Council of the City of Richfield, Minnesota this 27 day of September, 2022.
Maria Regan-Gonzalez, Mayor
ATTEST:
Kari Sinning, City Clerk
RESOLUTION NO. _____
RESOLUTION APPROVING SUMMARY PUBLICATION
OF AN ORDINANCE AMENDING THE RICHFIELD
ZONING CODE TO UPDATE REGULATIONS
FOR ELECTRIC VEHICLE CHARGERS
WHEREAS, the City has adopted the above-referenced amendment of the Richfield City
Code; and
WHEREAS, the verbatim text of the amendment is cumbersome, and the expense of
publication of the complete text is not justified.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that the
following summary is hereby approved for official publication:
SUMMARY PUBLICATION
BILL NO. ________
AN ORDINANCE AMENDING THE RICHFIELD
ZONING CODE TO UPDATE REGULATIONS
FOR ELECTRIC VEHICLE CHARGERS
This summary of the ordinance is published pursuant to Section 3.12 of the Richfield City
Charter.
This ordinance amendment would remove requirements that Electric Vehicle (EV) chargers
be installed in enclosed parking areas. The amendment would generally maintain the minimum
amount of chargers required and would not change any other dimensional or installation
requirements. The amendment will better align the EV charging rules with the MN State Building
Code.
Copies of the ordinance are available for public inspection in the City Clerk’s office during normal
business hours or upon request by calling the Department of Community Development at (612)
861-9760.
Adopted by the City Council of the City of Richfield, Minnesota this 27th day of September,
2022.
Maria Regan Gonzalez, Mayor
ATTEST:
Kari Sinning, City Clerk
AGENDA SECTION:PROPOSED
ORDINANCES
AGENDA ITEM #8.
STAFF RE P ORT NO. 140
CIT Y COUNCIL ME E T ING
9/27/2022
RE P O RT P RE PA RE D B Y: Jennifer A nderson, S upport S ervices Manager
D E PA RTME NT D IRE C TO R RE V IE W: Jay Henthorne, D irector of P ublic S afety/C hief of P olice
9/22/2022
O THE R D E PA RTM E NT RE V IE W:
C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager
9/22/2022
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consider the approval of an interim ordinance authorizing a study and imposing a one year moratorium
on cannabis products.
E X E C UT IV E S UM M ARY:
I n 2022, the Minnesota Legislature passed legislation that authorized the sale of certain edibles and
beverages infused with tetrahydrocannabinol (THC) extracted from hemp. The legislation provided limited
regulation of these products in Minn. Stat. § 151.72 under the Board of Pharmacy, including restrictions and
requirements on packaging, labeling, amount of THC, and sale of these products to those under the age of
21.
Cities were not consulted during the drafting of this legislation but have local concerns that need to be
addressed. Though the new law has some regulations on the products, there are significant gaps in state
oversight and accountability of the manufacturing and production, testing, and distribution of the products.
On September 13, 2022, staff presented to the City Council in a work session. The presentation included
background on the new law, League of Minnesota Cities work group update, staff concerns at the city level,
four options for consideration, staff recommendations, and finally, time for questions and discussion.
Staff's recommendation to the Council was to implement a one-year moratorium and then license the sellers
of cannabis products. The purpose of the moratorium is to allow the City time to study the impacts of
cannabis products and to allow staff time to prepare a licensing ordinance for Council consideration. I f the
Council adopts a licensing ordinance before the one-year period is over, it can repeal the moratorium.
RE C O M M E ND E D AC T I O N:
By Motion: Approve the first reading of an interim ordinance authorizing a study and imposing a one-
year moratorium on cannabis products and schedule a second reading for October 11, 2022.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
In 2022, the Minnesota Legislature passed legislation that authorized the sale of certain edibles
and beverages infused with tetrahydrocannabinol (T HC) extracted from hemp. T he legislation
provided limited regulation of these products in Minn. Stat. § 151.72 under the Board of
Pharmacy, including restrictions and requirements on packaging, labeling, amount of T HC, and
sale of these products to those under the age of 21.
Cities were not consulted during the drafting of this legislation but have local concerns that need to be
addressed. Though the new law has some regulations on the products, there are significant gaps in state
oversight and accountability of the manufacturing and production, testing, and distribution of the
products.
Additionally, the law does not provide any restrictions on where the products can be sold and
offers no guidance for local governments to regulate the sale of the products. T he new law
increases enforcement responsibilities for local governments which will result in additional costs
for cities.
Lacking significant oversight and regulations at the state level, some cities passed licensing and/or
zoning regulations over the products. Though the law does not prohibit local regulation, many outstanding
questions remain pertaining to law enforcement, employment, and the state-city dynamic of regulating
and enforcing the law related to these newly legal products.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
The City of Richfield addresses medical cannabis in the Zoning Code. There are no ordinances that
address cannabinoids in the code.
C.C R IT IC AL T IMIN G IS S U E S:
A one-year moratorium was recommended by staff to allow sufficient time to learn from other cities
experiences, research the issues and develop ordinance language and licensing protocol.
D.F IN AN C IAL IMPAC T:
N/A
E.L E GAL C ON S ID E R AT ION:
The City Attorney has reviewed the proposed interim ordinance and approves of its contents.
ALTE R N AT IV E R E C O MME N D ATIO N(S):
The City Council could decide to not approve the moratorium and direct staff on how to proceed.
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
AT TAC H ME N T S:
D escription Type
THC Moratorium C over Memo
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BILL NO. _____
AN INTERIM ORDINANCE
AUTHORIZING A STUDY AND IMPOSING A MORATORIUM
ON THE SALE OF CANNABIS PRODUCTS
THE CITY OF RICHFIELD DOES ORDAIN:
SECTION 1. Legislative Findings
(a) There is a great deal of uncertainty regarding the effect of Minnesota Laws
2022, Chapter 98 amending Minnesota Statutes, section 151.72 (“Act”) to
allow the sale of edible cannabinoid products (“Cannabis Products”).
(b) Because the proposal to allow the sale of Cannabis Products received little
publicity until the Act went into effect on July 1, 2022, the City of Richfield
(“City”) did not have an opportunity to study and consider the potential
impacts of the Act on the City. Nor did the City Council have sufficient time
to engage in policy discussions regarding the regulations the City Council
may elect to impose on the sale of Cannabis Products.
(c) The Act authorizes the Minnesota Board of Pharmacy to enforce the Act,
but the Act does not provide for any licensing of manufacturers or of those
who sell Cannabis Products. The Act is also silent regarding the
enactment of local regulations related to Cannabis Products.
(d) The Legislature did not expressly prohibit or limit local regulations, and the
regulations established in the Act clearly do not constitute the Legislature
having occupied the field of regulation regarding the sale of Cannabis
Products.
(e) The City Council finds the uncertainties associated with sale of Cannabis
Products, and the options for local regulation, compels the need for a study
to develop information the City Council can rely on as it engages in policy
discussions related to potential regulation of Cannabis Products through
the adoption of licensing and zoning controls.
(f) The City Council is authorized to adopt an interim ordinance “to regulate,
restrict, or prohibit any use . . . within the jurisdiction or a portion thereof for
a period not to exceed one year from the date it is effective.” Minnesota
Statutes, section 462.355, subdivision 4(a).
(g) The City Council is also authorized as part of its general police powers to
adopt business licensing requirements related to the sale of Cannabis
Products.
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(h) The Minnesota Supreme Court in Almquist v. Town of Marshan, 245
N.W.2d 819 (Minn. 1976) upheld the enactment of a moratorium despite
the lack of express statutory authority as being a power inherent in a broad
legislative grant of power to municipalities. In most cases, the enactment
of business licensing requirements is based on a city’s police powers,
which is the broadest grant of power to cities. Inherent in that broad grant
of authority is the power to temporarily place a moratorium on a business
activity to study and potentially implement licensing regulations on that
business activity.
(i) There are both business licensing and zoning issues associated with the
sale of Cannabis Products the City Council determines it needs time to
study to consider the development and adoption of appropriate local
regulations. In order to protect the planning process and the health, safety,
and welfare of the residents while the City conducts its study and the City
Council engages in policy discussions regarding possible regulations, the
City Council determines it is in the best interests of the City to impose a
temporary moratorium on the sale of Cannabis Products.
SECTION 2. Definitions. For the purposes of this Ordinance, the following words,
terms, and phrases shall have the meanings given them in this Article.
(a) “Act” means 2022 Minnesota Session Laws, Chapter 98 (H.F. No. 4065),
amending Minnesota Statutes, section 151.72.
(b) “Cannabis Products” means Edible Cannabinoid Product regulated by the
Act, effective July 1, 2022. This term excludes products that are not
intended to be eaten or consumed by humans or that contain less than 0.1
percent of any tetrahydrocannabinol.
(c) “City” means the City of Richfield.
(d) “City Code” means the Richfield City Code.
(e) “Edible Cannabinoid Product” has the same meaning given the term in
Minnesota Statutes, section 151.72, subdivision 1(c).
SECTION 3. Study. City staff shall conduct a study regarding Cannabis Products and
provide the City Council a report on the potential regulations of such products. The
report shall include the City staff’s recommendations on whether the City Council should
adopt regulations and, if so, the recommended types of regulations. The stu dy shall
consider, but is not limited to, the following:
(a) The potential impacts of the sale of Cannabis Products within the City;
(b) Licensing the sale of Cannabis Products and related regulations; and
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(c) Zoning regulations related to the sale, manufacture, and distribution of
Cannabis Products as uses within the City.
SECTION 4. Moratorium. A moratorium is hereby imposed to prohibit any business,
person, or entity from offering for sale or selling Cannabis Products to the public within
the jurisdictional boundaries of the City. The City shall not accept, process, or act on
any application, site plan, building permit, or other zoning approval for a business
proposing to engage in the sale of Cannabis Products.
SECTION 5. Violations. During the term of the moratorium, it is a violation of this
Ordinance for any business, person, or entity to offer for sale, or to sell, Cannabis
Products within the City.
SECTION 6. Exceptions. The moratorium imposed by this Ordinance does not apply
to the sale of medical cannabis or non-edible hemp products that were lawful to sell
prior to the effective date of the Act.
ARTICLE 7. Enforcement. A violation of this Ordinance shall be a misdemeanor. In
addition, the City may enforce this Ordinance by mandamus, injunction, other
appropriate civil remedy in any court of competent jurisdiction, or through applicable
penalties under the City Code.
ARTICLE 8. Severability. Every section, provision, and part of this Ordinance is
declared severable from every other section, provision, and part of this Ordinance. If
any section, provision, or part of this Ordinance is held to be invalid by a court of
competent jurisdiction, such judgment shall not invalidate any other section, provision,
or part of this Ordinance.
ARTICLE 9. Effective Date and Term. This Ordinance shall be effective immediately
and shall have a term of 12 months. This Ordinance shall remain in effect until the
expiration of the 12-month term, until it is expressly repealed by the City Council, or until
the effective date of an ordinance amending the City Code to address the sale of
Cannabis Products, whichever occurs first.
Adopted by the City of Richfield this 11th day of October 2022.
Maria Regan Gonzalez, Mayor
ATTEST:
Kari Sinning, City Clerk