10-25-2022 City Council AgendaR 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
O C TO B ER 25, 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: 2452 682 3669 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) Joint C ity C ouncil and Transportation C ommission Work S ession of October 11, 2022;
and (2) Regular C ity C ouncil Meeting of October 11, 2022.
P R E S E N TATIO N S
1.17th A nnual Great P umpkin Giveaway coloring contest winners.
2.A rts C ommission yearly presentation given by L arry Nelson and K arin Wolverton
3.P lanning C ommission annual presentation given by C hair J ames Rudolph
AG E N D A APPR O VAL
4.A pproval of the A genda
5.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 approval of the reclassification of the F riendship C ity C ommission as a committee within the
C ommunity S ervices C ommission starting January 1, 2023, by rescinding the resolution no. 8248.
S taff Report No. 154
B .C onsider the approval of the first reading of an ordinance amending S ection 601 of the Richfield C ity C ode
to include new language clarifying the definition of "non-RD Us" and how properties approved for exemption
from the contracted program dispose of solid waste.
S taff Report No. 155
C .C onsider adoption of a resolution authorizing the purchase of one temporary construction easement and
one permanent right-of-way easement at 7601 18th Avenue for the 77th St Underpass project.
Staff Report No. 156
D.Consider the ratification of a contract with Meyer Contracting, Inc., in the amount of $175,788.34 for the Taft
Park Lift Station Improvements Project and authorize the City Manager to approve contract amendments
not to exceed $5,000.00.
Staff Report No. 157
6.Consideration of items, if any, removed from Consent Calendar
PUBLIC HEARINGS
7.Conduct and close a public hearing and by motion: Adopt a resolution for special assessments for removal of
diseased trees from private property for work ordered from January 1, 2021, through December 31, 2021.
Staff Report No. 158
PROPOSED ORDINANCES
8.Consider the approval of the second reading of an interim ordinance authorizing a study and imposing a one-year
moratorium on the sale of Cannabis products.
Staff Report No. 159
9.Consider the approval of the second reading of an ordinance amending Section 925 of the Richfield City Code to
include new language addressing what refuse is and the accumulation of it related to public nuisances.
Staff Report No. 160
CITY MANAGER’S REPORT
10.City Manager's Report
CLAIMS AND PAYROLLS
11.Claims and Payroll
COUNCIL DISCUSSION
12.Hats Off to Hometown Hits
13.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.
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Joint City Council and Transportation
Commission Work Session
October 11, 2022
CALL TO ORDER
Mayor Regan Gonzalez called the work session to order at 5:48 p.m. in the Bartholomew
Room.
Council Members
Present:
Maria Regan Gonzalez, Mayor; Simon Trautmann; Mary Supple; Ben Whalen
and Sean Hayford Oleary
Transportation
Commission
Members Present:
Husniyah Bradley, Chair; David Gepner, Jim Mahoney, Kyle Schmidt; Dan
Edgerton
Transportation
Commission
Members Absent:
Mollie O’Howard, Jeffrey Walz, Louis Dzierzak
Staff Present:
Katie Rodriguez, City Manager; Kristin Asher, Public Works Director; Chris
Link, Deputy Public Works Director; Joe Powers, City Engineer; Ben
Manibog, Transportation Engineer; Scott Kulzer, Administrative Aide/Analyst;
Jay Henthorne, Public Safety Director/Police Chief; and Chris Swanson,
Management Analyst.
Others Present:
Jan Matheus, Bike Advocates Liaison; Kevin Wendt, Community Services
Commission Liaison
ITEM #1
OVERVIEW OF THE EMERALD ASH BORER (EAB) REMOVAL ASSISTANCE
ARPA PROGRAM AND SEEK DIRECTION FROM THE CITY COUNCIL ON
CERTAIN PROGRAM DETAILS
City Manager Rodriguez introduced the topic and turned over the presentation to Public Works
Director Asher. Director Asher introduced the topic and asked for guidance from the City Council on
the Emerald Ash Borer (EAB) Removal Assistance program funded by American Rescue Plan Act
(ARPA) funds.
Director Asher turned the presentation over to Deputy Public Works Director Link and
Administrative Aide/Analyst Kulzer. Analyst Kulzer provided an overview on the proposed EAB
program including who would qualify for the funding and stated that staff is looking final input for
council on a few parts of the EAB program.
Analyst Kulzer provided a summary on EAB in Richfield and highlighted the main questions
staff had for City Council. These included staff capacity, the number of residents served, various cost
share scenarios, and if there be a cap on how much the city provides to resident. Additionally, Analyst
Joint City Council and Transportation Commission
Work Session Minutes -2- October 11, 2022
Kulzer asked if Council believes we should open funding retroactively to assist the homeowners who
had trees removed this year and if the city should require replacement trees to qualify for EAB
funding. Analyst Kulzer then turned over the presentation to Deputy Public Works Director Link for
additional comments on the proposed EAB program. Deputy Director Link went over pricing
mechanisms for trees and detailed how the cost of removal can escalate quickly depending on the
number of trees removed.
Council Member Hayford Oleary asked how many residents would have been eligible to
receive funding if this EAB grant was offered in 2022. Deputy Director Link stated he was not sure
how many would have met this requirement, as we don’t know the income of the household who did
have trees removed this year. Council Member Hayford Oleary recognized there are residents who
have already paid for having trees removed. He was supportive of their decision, but does not feel
that retroactively allowing these folks to apply for this new funding would further the city’s goals of
addressing EAB in Richfield.
Council Member Trautmann stated he had similar concerns as those mentioned by Council
Member Hayford Oleary. He also shared concerns about placing a cap on payments and noted that
many families already shoulder the burden disproportionately as their finances are capped by their
income. He supported the staff recommendation to allow residents to retroactively apply for the new
EAB funding.
Council Member Supple wondered what would happen if there were more applications then
funding available. Deputy Director Link stated this program is first come first serve, but would also
target specific areas of our communities identified in our equity toolkit. Analyst Kulzer mentioned city
wide promotions along with targeted mailing to areas identified in the equity toolkit.
Council Member Whalen said he is worried about not having a cap because he doesn’t want
all the funds used by a small number of projects. That said, he also recognized that removing multiple
trees from one property increases the costs but providing funding to community members in that case
is ultimately is a good use of these EAB funds. Council Member Whalen had a question on requiring
replacement trees. He initially wanted to require replacement trees, but recognizes the additional staff
time this would require. He would be interested in looking for ways the city can nudge residents to
purchase replacement trees. Deputy Director Link stated we’re limited by what we can purchase with
an assessment. As it stands, state law on tree assessments only allow the city to cover the cost for a
removal of a diseased trees. State law does not allow an assessment to cover the cost for a
replacement tree. Council Member Whalen asked if, by structuring the EAB program as we have, we
could support residents in at least assisting with the cost for the removal of the tree, and that, by
providing that funding, the city is functionally providing the resident some money that could be used to
purchase a tree. Deputy Director Link stated this is correct and the assessment process allows
residents a full year to pay before the charge is placed on property taxes. He noted that just because
a family participates in the program the tree abatement charge may not be assessed. Council Member
Whalen thanked staff for the clarification statements and said he would be comfortable with staff
proposals included in the report.
Council Member Supple agreed with the recommendations but would like staff to work to
identify way to encourage residents to plant a wide variety of replacement trees.
Mayor Regan Gonzalez stated she is comfortable with most of the items proposed. She did
still have a larger question on if the funds should retroactively be available to residents who had trees
removed this year. She would like to hear more from council on this matter.
Council Member Hayford Oleary said he agrees with the Mayor and does not support allowing
residents to retroactively apply for these funds.
Council Member Whalen felt that by allowing residents to retroactively apply for these funds,
we would be not helping the most proactive people. He shared concerns about what would happen if
not enough people apply and the city has remaining funds.
Joint City Council and Transportation Commission
Work Session Minutes -3- October 11, 2022
Council Member Supple supports allowing residents to apply for this funding retroactively as
long as they follow the income requirements proposed by staff.
Council Member Hayford Oleary felt this may water down the impact the ARPA funds may
have as few residents will be incentivized to remove more diseased Ash trees. Deputy Director Link
stated this was the same discussion they had in their office. He said that staff ultimately decided they
should allow residents to retroactively apply for funding as this is the most equitable approach.
Council Member Trautmann said he really doesn’t have any strong thoughts on the matter.
Mayor Regan Gonzalez said she really could go either way on this question.
Council Member Hayford Oleary said Deputy Director Link’s summary of their thought process
on this matter makes sense and would support the staff recommendations.
Deputy Director Link thanked council for their input and provided a summary of the council’s
direction on the EAB funding program.
ITEM #2
OVERVIEW OF LOCAL SPEED LIMITS, STAFF'S ONGOING SPEED LIMIT STUDY,
POSSIBLE OPTIONS THE CITY CAN PROCEED WITH, AND A STAFF
RECOMMENDATION FOR DISCUSSION
Mayor Regan Gonzalez introduced the topic for discussion for the work session and turned it
over to Public Works Director Asher who passed the work session to Transportation Engineer
Manibog. Engineer Manibog introduced the topic of discussion and went over the current speed limit
environment in the state which outlined the state statute that dictates speed limits and the current
limits in Richfield. Engineer Manibog went over what methods a number of other cities have in place
for setting speed limits within their borders and the historical data on motor vehicle crashes in our city.
Council Member Supple asked if we can assume the reductions in crashes seen in recent
years are from less driving during the pandemic or other factors like intentional traffic slowing design.
Engineer Manibog said we cannot specifically identify what is causing this decrease but that we
already saw this trend occurring before the pandemic. He stated we expect to continue to see these
traffic statistics trend in the right direction in the future.
Engineer Manibog went over current speed data for the city collected by Public Works and
Public Safety; the data shows that most drivers are driving below the speed limit. Engineer Manibog
showed a map of where speed studies have been performed in our city. He noted these studies
tended to trend to our white neighborhoods. Historically, speed studies have been performed at the
request of the community.
Council Member Trautmann talked about how it’s troubling to see the high number of serious
injuries from traffic accidents we're experiencing in our city. He asked if staff had any thoughts on why
we were seeing higher injuries from traffic accidents in Richfield. Engineer Manibog said many of
these crashes are happening on county roads where there are higher allowed speeds.
Transportation Commission Chair Bradley said it would be good to know where these serious
crashes are happening so we can work to reduce the trend. Engineer Manibog said he can get that
data and will bring to the next meeting.
Council Member Whalen stated he suspects the majority of dangerous crashes are individuals
not traveling the speed limit. He said he would like to talk at a later date about how we can do more to
discourage individuals from speeding in the first place. He said he would like to know what additional
actions we can take to get people to follow the posted speed limits. Engineer Manibog thanked
council for those comments. He noted that speed limits are just one part of our toolbox we can use to
Joint City Council and Transportation Commission
Work Session Minutes -4- October 11, 2022
reduce these serious accidents. He also noted that cities have only been allowed to make these city
specific speed changes since 2019.
Transportation Commissioner Gepner asked if this was an exercise in futility and asked for the
thoughts of Police Chief Henthorne. Chief Henthorne responded that although we’re still seeing
speeders in Richfield it’s not as many as there were a few years ago. He mentioned the Richfield
Police Department receives complaints on speeding in neighborhoods, but the trend is mostly on the
larger county roads.
Engineer Manibog went through the staff recommendations. The recommendations include a
default 25 speed limit across the city, with higher speed limits on specific roads. Engineer Manibog
noted that, with the staff recommendations, we still end up with higher speeds in more tradiationally
diverse neighborhoods, but we can continue to look at traffic calming items for areas in the future. He
also went over how we are able to build flexibility built into these recommendations.
Transportation Commissioner Mahoney said he was interested in where serious crashes were
happening. He wondered if the Council and Commission could get more information on these
accidents. He was not sure if speed was the main issue with these incidents and was wondering if
other calming measures may reduce the number of accidents in the city.
Council Member Hayford Oleary thanked staff for the presentation and said he feels the speed
currently proposed by staff, 25 mph, is too high. He worried about the safety on roads that may be
approved for higher speeds; look at what speeds are appropriate for the community and not what
speeds residents are currently driving. Council Member Hayford Oleary showed a “20 is plenty” sign
from Minneapolis and discussed how these slower speeds are much less dangerous to pedestrians.
He asked staff for their reasoning behind the proposed 25 mph speed limit. Engineer Manibog talked
about how our streets are generally wider and how there is a lot less on-street parking compared to
other cities. Council Member Hayford Oleary agreed with these points, but shared that it’s important to
set a goal and that 77th Street should be set at the same speed as other main through roads.
Council Member Whalen acknowledged the difference between 20 and 25 mph and would
push for a lower speed across the city. He stated that there are accessible roads people can use if
they want to go faster. He shared a few specific areas he would like to adjust the standard speeds
based on his own use of the roads and what he has heard from residents.
Commissioner Gepner wondered about adding more stop signs in residential areas to slow
speeds.
Council Member Trautmann went over some specific areas that have a high concentration of
pedesterians that are seniors and/or individuals with disabilities and shared that the lower speed limit
is good for teenagers who are just learning to drive. Council Member Trautmann asked Chief
Henthorne about the proposed speeds and if this change would overwhelm the police force. Chief
Henthorne shared that Saint Louis Park did see some increase in enforcement and education when
the speeds were dropped and that the Richfield Police Department would need to prepare for this
additional work if these changes were adopted.
Transportation Commissioner Edgerton said some of the proposed speeds still seemed fast.
He discussed how the time saved driving through the city in one of these faster speed zones is less
than a minute, yet the mortality is significantly raised if there is a crash.
Council Member Supple agreed the city shouldn’t not set limits based on the speeds
community members are currently driving and the limits should be set to what speed we want people
to be driving on these roads. She also agreed that even the proposed higher speed limits should be
reduced as they would be safer.
Chair Bradley asked if there’s data on who was stopped for speeding, what speed where they
going, where were they located. She wanted to know if there were any disparities in enforcement in
the data. She also asked if there were any traffic calming mechanisms projects pending and if there is
Joint City Council and Transportation Commission
Work Session Minutes -5- October 11, 2022
funding currently budgeted for this work. Engineer Manibog said the disparity information is not
collected at the state level and that there is some funding already in the CIP.
Mayor Regan Gonzalez spoke about her support for exploring a 20 mph limit. She thanked
staff for including the racial equity overlay in the presentations and encouraged all departments to
include this information in future presentations. She said she would like to get more info on serious
crashes and what other factors may be involved and to see mitigations plans, including traffic calming
items, for areas that have a high number of these crashes.
Council Member Hayford Oleary thanked the other council members and commissioners for
supporting lowering the default speed to 20 mph, but he would also support the limit for larger roads
being 25 mph. He asked if Council Member Whalen would be comfortable with this proposed change.
Council Member Whalen said he wasn’t comfortable with going to 25 mph as people tend to drive
around the speed limit, that could mean individuals driving upwards of 25 mph. He also stated that if
we were to look at more enforcement, we should be not creating a more inequitable environment.
Council Member Trautmann noted that 77th Street is not a county road so we can control the
speed limit on this road.
Commissioner Mahoney discussed that 25 mph is the average as half are driving slower but
half are driving higher and that many drive slower as that is what they feel the roads are designed for.
Engineer Manibog provided a brief summary of next steps. From his notes, those present are
generally interested in lowering the default speed to 20 mph for the city and evaluate if the higher
proposed speeds are necessary. The attendees would like to see more data on what may be causing
the elevated number of crashes which result in serious injury and there were also a number of street
specific comments that staff will review.
ADJOURNMENT
Mayor Regan Gonzalez adjourned the work session at 6:56 p.m.
Date Approved: October 25, 2022
Maria Regan Gonzalez
Mayor
Chris Swanson Katie Rodriguez
Management Analyst City Manager
CALL TO ORDER
Mayor Regan Gonzalez called the meeting to order at 7:04 p.m. in the Council Chambers.
Council Members
Present:
Maria Regan Gonzalez, Mayor; Simon Trautmann; Mary Supple; Ben
Whalen; and Sean Hayford Oleary
Council Members
Absent:
None
Staff Present:
Katie Rodriguez, City Manager; Mary Tietjen, City Attorney; Melissa
Poehlman, Community Development Director; Jay Henthorne, Public Safety
Director/Police Chief; Jennifer Anderson, Support Services Manager; Kumud
Verma, Finance Manager; Rachel Lindholm, Sustainability Specialist; Mike
Lafond, Utility Billing Clerk; and Chris Swanson, Management Analyst
Others Present: Mara Glubka, Human Rights Commissioner; Tyler Olson, Human Rights
Commissioner
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/Supple, S/Whalen to approve the Minutes of the: (1) City Council Work Session of
September 27, 2022; and (2) Regular City Council Meeting of September 27, 2022.
Motion carried: 5-0
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Council Meeting
October 11, 2022
City Council Meeting Minutes -2- October 11, 2022
ITEM #1
PROCLAMATION RECOGNIZING NOVEMBER AS NATIVE AMERICAN
HERITAGE MONTH
Mayor Regan Gonzalez invited Human Rights Commissioner Olson to accept the proclamation
and read aloud the proclamation.
ITEM #2
APPROVAL OF THE AGENDA
M/Whalen, S/ Hayford Oleary to approve the agenda, adding item Number 7 under public
hearings.
Motion carried: 5-0
ITEM #3
CONSENT CALENDAR
City Manager Rodriguez presented the consent calendar.
A. Consider the approval of the first reading of an ordinance amending Section 925 of the
Richfield City Code to include new language addressing what refuse is and the
accumulation of it. (Staff Report No. 144)
B. Consider a resolution authorizing staff to submit an application for a Hennepin Youth
Sports Program Facility Grant to expand the Augsburg Park Skate Park and execute a
grant agreement, if awarded. (Staff Report No. 145)
RESOLUTION NO. 12010
RESOLUTION AUTHORIZING STAFF TO SUBMIT AN APPLICATION
FOR A HENNEPIN YOUTH SPORTS PROGRAM FACILITY GRANT
TO EXPAND THE AUGSBURG SKATE PARK AND EXECUTE A
GRANT AGREEMENT, IF AWARDED
C. Consider the approval of the bid tabulation and award a contract to U.S. Sitework, Inc., for
the Sheridan Pond Maintenance Project Phase 1 in the amount of $223,450 and authorize
the City Manager to approve contract changes up to $175,000 without further City Council
consideration. (Staff Report No. 146)
D. Consider the renewal of the Public Health and Environmental Health Mutual Aid
Agreement. (Staff Report No. 147)
M/Hayford Oleary, S/Trautmann to approve the consent calendar.
Motion carried: 5-0
ITEM #4
CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT
CALENDAR
None.
City Council Meeting Minutes -3- October 11, 2022
ITEM #5
PUBLIC HEARING AND CONSIDER A RESOLUTION ADOPTING THE
PROPOSED ASSESSMENT FOR UNPAID GARBAGE COLLECTION SERVICES
FROM PRIVATE PROPERTY WITHIN THE RESIDENTIAL ORGANIZED
COLLECTION SYSTEM FROM OCTOBER 4, 2021 TO JULY 31, 2022. (STAFF
REPORT NO. 148)
Council Member Whalen presented Staff Report 148 and opened the public hearing.
Steve Nelson, 6324 Blaisdell, said he is a 53 year resident of Richfield, he has never used
trash containers and does not understand how the city can come in and charge him for a service he
has not used.
Linda Muinch, 6428 16th Ave S., said she has returned the bills to Waste Management. She
never heard of the people listed on the invoice and was not going to open their mail as this would be a
crime. She said she historically would take the trash to her church, where she worked. She said she
has always disposed of her trash this way. She mentioned she received the letter when the city was
switching over to the citywide service.
Miguel Murcia, 7329 Penn, called into his hauler about the service at the start of the program.
Was to that to not have the garbage service he would have to sell his house. He was also told he is
not in the system. He said the cans were removed from the house after he asked that they be
removed. He said he did send an application (opt-out) to the city and they removed the bins. He still
had a charge from the original invoice.
M/Whalen, S/ Hayford Oleary to close the public hearing.
Motion carried: 5-0
M/Whalen, S/Trautmann to approve a resolution adopting the proposed assessment for unpaid
garbage collection services from private property within the residential organized collection system
from October 4, 2021 to July 31, 2022.
RESOLUTION NO. 12011
RESOLUTION ADOPTING ASSESSMENT FOR UNPAID GARBAGE
COLLECTION SERVICE FROM OCTOBER 4, 2021 THROUGH JULY
31, 2022
Council Member Supple asked staff to go over the assessment process. Sustainability
Specialist Lindholm went over the process and provided her contact info for residents who have
questions about the trash program.
City Attorney Tietjen provided some additional info on the assessment process and timing.
She specified if the assessment was removed due to an error by the hauler the city would reduce the
future payment to the company.
Council Member Hayford Oleary asked about what would happen if a resident applied for a
vacancy after an invoice went out. Specialist Lindholm said the resident would still need to pay the
invoice and a credit would be issued for when the vacancy went into place.
Council Member Whalen went over the timeframe for when residents could pay their
delinquent trash bills before the charge becomes an assessment.
Motion carried: 5-0
City Council Meeting Minutes -4- October 11, 2022
ITEM #6
PUBLIC HEARING AND CONSIDER RESOLUTIONS ADOPTING THE ANNUAL
INTERSTATE/LYNDALE/NICOLLET (ILN) PROJECT AREA ASSESSMENT AND
PROPOSED WORK FOR 2023. (STAFF REPORT NO. 149)
Council Member Hayford Oleary presented Staff Report 149 and opened the public hearing.
M/Hayford Oleary S/Trautmann to close the public hearing.
Motion carried: 5-0
M/Hayford Oleary, S/Whalen to adopt a resolution adopting the assessment on the ILN Project
Area for costs incurred to maintain the area for 2021.
RESOLUTION NO. 12012
RESOLUTION ADOPTING ASSESSMENT ON INTERSTATE-
LYNDALE-NICOLLET (ILN) PROJECT AREA MAINTENANCE FOR
THE PERIOD JANUARY 1, 2021 TO DECEMBER 31, 2021
Motion carried: 5-0
M/Hayford Oleary, S/Supple to adopt a resolution ordering the undertaking of the current
service project within the ILN Project Area for 2023.
RESOLUTION NO. 12018
RESOLUTION ORDERING THE UNDERTAKING OF CURRENT
SERVICE PROJECT WITHIN THE INTERSTATE-LYNDALE-
NICOLLET (ILN) PROJECT AREA FOR THE PERIOD JANUARY 1,
2023 TO DECEMBER 31, 2023
Motion carried: 5-0
ITEM #7
PUBLIC HEARING AND CONSIDER A RESOLUTION ADOPTING THE
PROPOSED ASSESSMENTS OF DELINQUENT UTILITY ACCOUNTS, FALSE
ALARM CHARGES, PUBLIC HEALTH OR SAFETY HAZARDS CHARGES,
WEED ERADICATION CHARGES, AND VACANT PROPERTY REGISTRATION
FEES TO BE CERTIFIED TO PROPERTY TAXES. (STAFF REPORT NO. 153)
Council Member Whalen presented Staff Report 153 and opened the public hearing.
Barbara Orzechowski, 7314 Oakland Ave, spoke about her water bill and stated she believes
there was an error. Finance Manager Verma said she would have staff follow up with the resident.
M/Whalen; S/Hayford Oleary to close the public hearing.
Motion carried: 5-0
Council Member Whalen outlined the timeline for residents to pay their assessments before
they are sent to the county.
City Council Meeting Minutes -5- October 11, 2022
M/Whalen, S/Hayford Oleary to resolution adopting the proposed assessments of delinquent
utility accounts, false alarm charges, public health or safety hazards charges, weed eradication
charges, and vacant property registration fees to be certified to property taxes.
RESOLUTION NO. 12013
RESOLUTION AUTHORIZING CERTIFICATION OF UNPAID WATER,
SANITARY SEWER, STORM WATER, AND STREET LIGHT
CHARGES, FALSE ALARM CHARGES, WEED ERADICATION
CHARGES, PUBLIC HEALTH OR SAFETY HAZARD CHARGES,
AND VACANT PROPERTY REGISTRATION FEES TO THE COUNTY
AUDITOR TO BE COLLECTED WITH OTHER TAXES ON SAID
PROPERTIES
Motion carried: 5-0
ITEM #8
CONSIDER THE SECOND READING OF AN ORDINANCE ADOPTING SECTION
625 OF THE CITY CODE PROHIBITING CONVERSION THERAPY FOR MINORS
AND VULNERABLE ADULTS (STAFF REPORT NO. 150)
Council Member Trautmann presented Staff Report 150.
M/Trautmann, S/Whalen to approve the attached ordinance adopting Section 625 of the City
Code Prohibiting Conversion Therapy for Minors and Vulnerable Adults; and approve a resolution
authorizing summary publication of said ordinance.
BILL NO. 2022-15
ORDINANCE ADOPTING SECTION 635
IN RICHFIELD CITY CODE PERTAINING
TO THE PROHIBITION OF CONVERSION
THERAPY FOR MINORS AND
VULNERABLE ADULTS
RESOLUTION NO. 12014
RESOLUTION APPROVING SUMMARY PUBLICATION OF AN
ORDINANCE ADOPTING SECTION 635 IN RICHFIELD CITY CODE
PERTAINING TO THE PROHIBITION OF CONVERSION THERAPY
FOR MINORS AND VULNERABLE ADULTS
Council Member Hayford Oleary clarified this ordinance would not go into effect immediately,
and this is some backup protection in case executive order issued by the Governor’s office is
removed.
Council Member Whalen spoke generally on the matter and was glad to see Richfield put this
protection in place as the legislature has failed to do so over the past years.
Council Member Supple fully supports the ordinance. She thanked the Human Rights
Commission and everyone who was part of that process for all their work.
Mayor Regan Gonzalez specifically thanked Human Rights Commissioner Glubka for all her
leadership.
Motion carried: 5-0
City Council Meeting Minutes -6- October 11, 2022
ITEM #9
CONSIDER THE APPROVAL OF THE FIRST READING OF AN INTERIM
ORDINANCE AUTHORIZING A STUDY AND IMPOSING A ONE-YEAR
MORATORIUM ON THE SALE OF CANNABIS PRODUCTS (STAFF REPORT
NO. 151)
Council Member Supple presented Staff Report 151.
Council Member Hayford Oleary stated he does not believe we should be moving forward with
this and will vote "no" on the moratorium.
Council Member Whalen stated he had already sent a few questions to staff and was waiting
to hear back before making his final decision. He had a question about where these cannabis
products can currently be sold. He said he does recognize that this is an inadequate tool for
addressing the sale but wanted to get more clarity about these regulations. He is specifically worried
about cannabis products vending machines opening up in the city. He said his focus is on what will
keep people safe.
Council Member Supple supports this moratorium as this gives staff time to focus on the
licensing and ensures youth do not have access to these products. She recognizes that staff needs
time to study this matter, as the legislature did not put enough guidelines in place when they approved
this new legislation. She does believe the city will ultimately end with licensing the product in the
future.
Mayor Regan Gonzalez thanked staff for all their work on this matter.
M/Supple, S/Whalen to 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 25, 2022.
Motion carried: 4-1; Hayford Oleary
ITEM #10
CONSIDER RESOLUTIONS APPROVING A PRELIMINARY PLAT AND FINAL
PLAT IN ORDER TO SUBDIVIDE ONE LOT INTO TWO, VACATION OF
EXISTING DRAINAGE AND UTILITY EASEMENTS TO BE RE-DEDICATED
WITH THE PROPOSED PLAT, AND AN AMENDMENT TO A PLANNED UNIT
DEVELOPMENT TO ACCOMMODATE MINOR MODIFICATIONS TRIGGERED
BY THE PROPOSED NEW LOT LINE AT 600 - 64TH STREET WEST. (STAFF
REPORT NO. 152)
Council Member Hayford Oleary presented Staff Report 152.
Community Development Director Poehlman noted the applicant was available if there were
any questions from the Council.
M/Hayford Oleary, S/Whalen to approve the resolution for both the preliminary plat and the
final plat.
RESOLUTION NO. 12015
RESOLUTION GRANTING APPROVAL OF BOTH A PRELIMINARY
AND FINAL PLAT FOR RICHLYN RILEY
City Council Meeting Minutes -7- October 11, 2022
Council Member Whalen went over the conversation at the planning commission and talked
about how robust of the discussion there was during the meeting. He outlined how they applicant
would not be able to sell or do anything else without additional approvals from the council and will not
change anything about the existing property.
Council Member Trautmann asked if Council had to approve the application if all requirements
were met. City Attorney Tietjen stated that is all requirements were met the Council should approve
the application.
Motion carried: 5-0
M/Hayford Oleary, S/Whalen to approve the resolution amending the Planned Unit
Development.
RESOLUTION NO. 12016
RESOLUTION APPROVING AN AMENDED PLANNED UNIT
DEVELOPMENT AT 600 - 64TH STREET WEST
Motion carried: 5-0
M/Hayford Oleary, S/Whalen to approve the resolution vacating existing drainage and utility
easements.
RESOLUTION NO. 12017
RESOLUTION AUTHORIZING THE VACATION OF DRAINAGE AND
UTILITY EASEMENTS
Motion carried: 5-0
ITEM #11
CITY MANAGER’S REPORT
City Manager Rodriguez had nothing to report.
ITEM #12
CLAIMS AND PAYROLL
M/Supple, S/Whalen that the following claims and payrolls be approved:
U.S. BANK 10/11/2022
A/P Checks: 309759 – 310098 $1,578,586.52
Payroll: 173574 – 173864 $738,645.91
TOTAL $2,317,232.43
Motion carried: 5-0
ITEM #13
HATS OFF TO HOMETOWN HITS
Council Member Whalen wanted to encourage people to vote. He noted that night was 4
weeks from polls closing. He then went over the places and ways for residents to vote. Council
City Council Meeting Minutes -8- October 11, 2022
Member Whalen also gave a reminder that covid is not over and is still infecting causing infections in
the community. He encouraged people to get the booster and to continue to practice restraint.
Council Member Supple noted the city is taking applications for their commissions. She
directed residents to visit the city’s web page if they wanted more information on the process or to
apply to be on a commission. Council Member Supple also spotlighted the Richfield fire-training
program she and a few other council members took part in over the weekend. She said it was an eye
opening and amazing experience.
Council Member Hayford Oleary seconded the experience with the fire training staff. He also
mentioned the League of Women Voters Candidate Forum that would be taking place the coming
Saturday in the Council Chambers.
Council Member Trautmann also wanted to thank the firefighters for the chance to participate
in the training and for everything the fire staff does for the community. He talked about the increasing
number of non-emergency calls the fire department has been seeing over the past few years. He also
wanted to spotlight the MICC run that occurred a few weeks ago. Said it was a great experience.
Mayor Regan Gonzalez highlighted the opportunity for community members and their families
to get flu and covid vaccines this coming Saturday at Partnership Academy.
Mayor Regan Gonzalez also spotlighted the great pumpkin giveaway. She talked about how
the event, started by Richfield residents and some local small businesses, has been happening for 16
years. She was proud this was another great opportunity to build community and wanted to thank
community members and leaders.
Mayor Regan Gonzalez discussed how she was able to show her support for Minnesota AG
lawsuit against fleet farm for their sales of handguns to individuals. She talked about how these are
the guns we’re seeing in used in crime in the state of MN and that we have to continue to look at
many different ways to stop the violence.
Mayor Regan Gonzalez discussed her experience at the Richfield staff hot dog day. She felt it
was a great opportunity for everyone to get together, have hot dogs and chips, and build community.
She wanted to thanks staff for everything they do.
ITEM #14
ADJOURNMENT
The meeting was adjourned by unanimous consent at 8:10 p.m.
Date Approved: October 25, 2022
Maria Regan Gonzalez
Mayor
Chris Swanson Katie Rodriguez
Management Analyst City Manager
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #5.A.
STAFF RE P ORT NO. 154
CIT Y COUNCIL ME E T ING
10/25/2022
RE P O RT P RE PA RE D B Y: A my Markle, Recreation S ervices D irector
D E PA RTME NT D IRE C TO R RE V IE W: A my Markle, Recreation S ervices D irector
10/17/2022
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
10/19/2022
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 reclassification of the Friendship City Commission as a committee within
the Community Services Commission starting January 1, 2023, by rescinding the resolution no. 8248.
E X E C UT IV E S UM M ARY:
The Friendship City Commission (formally Sister City I nternational Advisory Board and Richfield Sister City
Commission), has been meeting since 1984. Through the years, the board and commission have fostered a
formal relationship with the City of Heredia, Costa Rica and the City of Richfield. Traveling to Costa Rica and
hosting a delegation from Heredia is infrequent which leads to less official business to discuss at commission
meetings. For the years where there is no trip planned, agendas have few new items for discussion. The
commission does discuss tabling at various events to promote the sister city program and relationship with
Heredia.
Staff believes that the commission can meet as a Community Services Commission Committee as they would
like, using City meeting room space as requested. They will have the opportunity to bring official business to
the Community Services Commission as needed throughout the year, and they will have the support of staff
for organizing travel to Heredia and hosting a delegation as well as tabling at annual events. The committee will
have a staff liaison that they can check-in with but staff will not meet with the committee on a regular basis but
as needed. All current commission members will be asked to join the committee and details will be worked out
at the November Friendship City Commission meeting. Staff will help develop the committee and their first
meeting in 2023.
RE C O M M E ND E D AC T I O N:
By Motion: Approve rescinding the Friendship City Commission (resolution no. 8248), and reclassify
the group as a committee within the Community Services Commission, officially starting January 1,
2023.
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
1984- Sister City I nternational Committee established to select a foreign city with which a Sister
City relationship could be established.
1990- City of Richfield entered into a Sister City relationship with Heredia, Costa Rica.
1995- Officially changed the name of the Richfield Sister City Commission to Richfield Friendship
City Commission.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
Resolution no. 6874 established the Sister City I nternational Advisory Board in 1984. The Council
approved the City of Richfield to join the program and officially seek a sister city and make an
official recommendation to the Council.
Resolution no. 7661 authorized the City of Richfield in 1990, to enter into a Sister City
relationship with Heredia, Costa Rica.
Resolution no. 8248 officially changed the name in 1995 of the Richfield Sister City Commission
to the Richfield Friendship City Commission.
C.C R IT IC AL T IMIN G IS S U E S:
2023 Commission applications, interviews, and selections are made in the coming months, so
determining the future of the commission is important for the coming year's appointments.
D.F IN AN C IAL IMPAC T:
The Friendship City Commission has a financial account with the local credit union that will remain active
and have staff oversight, as it is utilized for trips to Heredia, Costa Rica.
E.L E GAL C ON S ID E R AT ION:
None
ALTE R N AT IV E R E C O MME N D ATIO N(S):
Reject the recommendation and maintain the Friendship City Commission as a commission vs. a committee.
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
Resolution No. 7661 A uthorizing the C ity of Richfield to
E nter Into a S ister C ity Relationship (1990)C over Memo
Resolution No. 6874 Resolution E stablishing S ister C ity
International A dvisory B oard C over Memo
Resolution No. 8248 E stablishing F riendship C ity
C ommission/Rename of S ister C ity C ommission (1990)C over Memo
RESOLUTION NO. 7661
RESOLUTION AUTHORIZING THE
CITY OF RICHFIELD TO ENTER INTO
A SISTER CITY RELATIONSHIP
WHEREAS, the Richfield Sister City International Advisory
Board is charged with promoting understanding, friendship and
reciprocity on a continuing basis; and
WHEREAS, it is the Richfield Sister City International
Advisory Board's duty to recommend the selection of foreign
cities as Sister Cities; and
WHEREAS, Heredia, Costa Rica has been identified as a
potential Sister City because of its many similarities to the
City of Richfield; and
WHEREAS, both Cities have expressed interest in being Sister
Cities.
NOW, THEREFORE, BE IT RESOLVED, that the City Council does
hereby authorize the City of Richfield to enter into a Sister
City relationship with the Municipalidad de Heredia, Costa Rica,
to be made effective by the execution of an agreement, signed by
both Cities.
PASSED by the City Council of +t,o r; +~ of u; rhfi al r3
Minnesota this 27th day of August,
ATTEST:
Thomas P. Ferber City Clerk
RESOLUTION N0. 6874
RESOLUTION ESTABLISHING SISTER CITY INTERNATIONAL ADVISORY BOARD
WHEREAS, the objective of Sister Cities International is to promote
understanding, friendship and reciprocity on a continuing basis, and
WHEREAS, on March 12, 1984 the Richfield City Gouneil approved
participation by the City of Richfield in this program, and
WHEREAS, there is hereby created a Sister Cities International Advisory
Board.
NOW, THEREFORE, BE IT RESOLVED that the duties of this Advisory Board
shall be:
1. To recommend to the City Council the selection of foreign cities
for the purpose of establishing a community-wide international
exchange program:
2. Formalize a sister city relationship;
3. Plan activities to establish community wide sister city program and
maintain it from year to year. The programs shall foster'internation-
al communication and exchanges of persons, things and ideas through
cultural, educational, technical, professional municipal, youth and'
sports exchanges, and
4. Prepare an .annual report for the City Council on the community-wide
exchange programs undertaken and recommend programs to strengthen the
linkage with our sister cities.
BE IT FURTHER RESOLVED that the Sister Cities International Advisory Board
shall consist of nine members who shall be appointed by the City Council, and
shall serve at the pleasure of the city council., In making these appointments
the City Council shall undertake to secure a representative balance among.
various groups and interests within the community.
In addition to the nine members of the Advisory Board, there shall be an ex-
officio member appointed by the City Council from among its members, and a city
staff person from the Department.
After the initial appointments, regular appointments shall be made in
January of each year by the City Council for three-year terms. The members
of tiie original Advisory Board shall serve staggered terms as follows:
Three members shall be appointed for one year terms;
Three members shall be appointed for two-year terms;
Three members shall be appointed for three-year terms;
Page Two
Terms shall begin on the first day of the month following their
appointment., and shall continue until the first day of February of the year in
which their term expires; or u~til their successor is named; subject, however,
to prior termination as othewis8 provided in this resolution.
Passed by the City Councilll~,of the City of Richfield this ~6 date of March
21
RESOLUTION NO. 8248
RESOLUTION ESTABLISHING NAME CHANGE OF RICHFIELD SISTER CITY
COMMISSION TO RICHFIELD FRIENDSIDP CITY COMMISSION
WHEREAS, the Sister City International Committee was established by Resolution No. 6874 in
March, 1984, for the purpose of selecting a foreign city with which a Sister City relationship could be
formalized; and
WHEREAS, the City Council, based on the recommendation of the Sister City International
Committee, passed Resolution No. 7661 in August, 1990, authorizing the City to enter into a Sister City
relationship with Heredia, Costa Rica; and
WHEREAS, the Sister Cities International is a registered trademark; and
WHEREAS, the Honorary Costa Rican Consul has developed, in cooperation with Minnesota
cities having formally established relationships with Costa Rican cities, guidelines for the Friendship City
Program - Minnesota/Costa Rica; and
WHEREAS, the Sister City Commission approved a motion in May, 1995, subject to approval by
resolution of the City Council, to officially change the name of the commission from Richfield Sister City
Commission to Richfield Friendship City Commission.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield,
Minnesota, as follows:
1. The name Richfield Friendship City Commission shall be adopted, in place of Richfield
Sister City Commission.
2. Commission by-laws shall be amended to reflect the commission name change.
3. The new name of the commission shall be used simultaneously with the former
commission name until such time as deemed appropriate to avoid confusion.
4. The Richfield Friendship City Commission shall continue its formal relationship in all
respects with the City of Heredia, Costa Rica; the proper officials at the Minnesota Costa Rican Consulate
and the City of Heredia, Costa Rica, are notified of the commission name change; and, the Heredia Sister
City Committee be encouraged to take similar action.
Adopted by the City Council of the City OfRiCbfield~
5 )c~
ATTEST:
pr;;J~
Thomas P. Ferber CitY Clerk
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #5.B.
STAFF RE P ORT NO. 155
CIT Y COUNCIL ME E T ING
10/25/2022
RE P O RT P RE PA RE D B Y: Rachel L indholm, S ustainability S pecialist
D E PA RTME NT D IRE C TO R RE V IE W: A my Markle, Recreation S ervices D irector
10/18/2022
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
10/19/2022
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 amending Section 601 of the Richfield City
Code to include new language clarifying the definition of "non-R D Us" and how properties approved for
exemption from the contracted program dispose of solid waste.
E X E C UT IV E S UM M ARY:
The new garbage code adopted last year is based on language and definitions adopted in the new residential
contract. After adoption, some clarifying language was determined to be necessary to further specify which
generators are covered by the city's contract as well as which are covered by commercial collection and
which are not.
RE C O M M E ND E D AC T I O N:
By Motion: Approve the first reading of an ordinance amending Section 601 of the Richfield City Code
and schedule a second reading for November 9, 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
The previous garbage code was more open-ended as there was no program that required residents to
have service through a private hauler as long as they properly disposed of their solid waste. W ith the
advent of organized collection and redo of city code related to solid waste collection, staff have had to
make sure all aspects of collection and all possible avenues of disposal are addressed properly and
clearly.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
Section 601 of the Richfield City Code pertains to Solid Waste Disposal, Collection, and Hauling.
C.C R IT IC AL T IMIN G IS S U E S:
N/A
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 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 may decide to not approve the first reading of the ordinance and direct staff 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
C ity C ode S ection 601 A mendment Ordinance
1
BILL NO. _____
AN ORDINANCE AMENDING SECTION 601 OF THE
RICHFIELD CODE OF ORDINANCES PERTAINING TO
SOLID WASTE DISPOSAL, COLLECTION, AND HAULING
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Subdivision 5 of sub-section 601.01 of the Richfield Code of
Ordinances is hereby amended by deleting the following struck-through language
below:
Subd. 5. "Collection hours." The time period during which collection of solid
waste is authorized by the City. The Collection Hours shall be 7:00 a.m. to 10:00 p.m.
Monday through Friday or a Saturday immediately following an observed Holiday.
Section 2. Subdivision 21 of sub-section 601.01 of the Richfield Code of
Ordinances is hereby amended by adding the following double-underlined language
below:
Subd. 21. "Non-residential dwelling unit" or "non-RDU". Properties other than
RDUs consisting of multi-family residential buildings, residential dwellings in
homeowners associations, and commercial, industrial, and institutional establishments
that contract directly for their own solid waste collection services, and properties owned
by persons or occupants who have received City approval to opt-out of base level solid
waste collection services. Home occupations operating in a one-, two-, or three-unit
building within the City are not commercial establishments for the purposes of this
definition and must comply with all duties of RDU occupants described in sub-section
601.07. including utilizing the base level solid waste collection services from a solid
waste hauler as contracted by the City.
Section 3. Sub-section 601.11 of the Richfield Code of Ordinances is hereby
amended by adding the following double-underlined language below:
In addition to the duties described in subsection 601.07, it shall be the joint and
several responsibility of every occupant of a non-RDU to perform the following duties:
(1) Arrange for the collection of solid waste by a hauler pursuant to a private
contract that provides for at least weekly collection of the same in an approved disposal
facility that has been approved by the City and the county. The City may permit bi-
weekly trash collection only if the property also has organics collection services.
(2) Follow the City's guidelines and instructions for RDUs related to storing,
disposing of, and setting out all solid waste, including placement of solid waste in
2
suitable and sufficient carts or receptacles with tight fitting covers and with the lid fully
closed.
(3) Place carts or containers at curbside no more than 12 hours before, but no
later than, the onset of the collection hours on collection day and remove the containers
by the end of collection day.
(4) Non-RDUs approved for opt-out from the City’s base level solid waste
collection services are required to dispose of their solid waste as specified on their
individual exemption form as approved by the City (e.g., self-hauling to a transfer
station) and otherwise are required to comply with the duties of RDU occupants
described in sub-section 601.07.
Section 4. This ordinance will be effective in accordance with Section 3.09 of
the City Charter.
Adopted by the City of Richfield this ___ day of _________, 2022.
Maria Regan Gonzalez, Mayor
ATTEST:
Kari Sinning, City Clerk
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #5.C.
STAFF RE P ORT NO. 156
CIT Y COUNCIL ME E T ING
10/25/2022
RE P O RT P RE PA RE D B Y: Olivia Wycklendt, C ivil E ngineer
D E PA RTME NT D IRE C TO R RE V IE W: C hris L ink, D eputy P ublic Works D irector
10/17/2022
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
10/19/2022
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consider adoption of a resolution authorizing the purchase of one temporary construction easement
and one permanent right-of-way easement at 7601 18th Avenue for the 77th St Underpass project.
E X E C UT IV E S UM M ARY:
Consistent with City Council direction, the Capital Improvement Plan (CIP), and the City's
Comprehensive Plan, construction of the 77th St Underpass project commenced in July 2021 and is
anticipated to continue through fall 2023.
Due to drainage issues with the initial proposed design, new stormwater drainage infrastructure is
needed at the 7601 18th Ave property, specifically on the west side of the property along the future
Richfield Parkway. Temporary construction and permanent right-of-way easements are sometimes
needed in order to implement major infrastructure projects and facilitate the construction such as
this. Property owners receive compensation for both types of easements but for temporary
construction easements the area remains under ownership of the property owner and it is restored
and turned-back after construction is complete.
The property owner at 7601 18th Ave has accepted the offer to purchase the easements and has completed
the necessary paperwork to finalize the transaction. In order for the easements to become effective, City
Council must approve the resolution authorizing payment to the property owners in the agreed upon
amounts.
RE C O M M E ND E D AC T I O N:
By motion: Approve the resolution authorizing the purchase of one temporary construction easement
and one permanent right-of-way easement at 7601 18th Avenue for the 77th St Underpass project.
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 City Council authorized the award of contract for the 77th St Underpass Project to C.S.
Mc Crossan on J uly 6, 2021.
The City Council approved a Cooperative Construction Agreement with MnD OT on May 25, 2021.
The 77th St Underpass project construction began in J uly 2021 and is anticipated to continue
through fall 2023.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
The city has authority to acquire easements through an "offer to purchase" and if no agreement
can be reached the city can acquire property though eminent domain for public purposes.
Construction of the 77th Street Underpass is consistent with the City 's Comprehensive Plan
(Chapter 7 - Transportation) and has been included in the Capital I mprovement Budget and Plan.
C.C R IT IC AL T IMIN G IS S U E S:
Timely payment for and acquisition of the easements will allow this vital work to occur promptly.
D.F IN AN C IAL IMPAC T:
7601 18th Ave (P I D: 3 5-028-24-44-0001) requires a temporary construction easement payment of
$830.56 and a permanent right-of-way easement payment of $9,740.16
Funding for the purchase of the easements required for the construction of the drainage structure
related to the 77th St Underpass Project will be paid by City funds dedicated to project costs.
E.L E GAL C ON S ID E R AT ION:
The City Attorney has reviewed the agreements and is available to answer questions.
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
7601 18th Ave E asements A greements C ontract/A greement
Resolution Resolution L etter
RESOLUTION NO.
RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO MAKE PAYMENTS FOR THE
PURCHASE OF A TEMPORARY CONSTRUCTION AND A PERMANENT RIGHT-OF-WAY
EASEMENT AT 7601 18th AVE (PID# 28-028-24-41-0039) AS PART OF THE 77TH ST
UNDERPASS PROJECT
WHEREAS, the City Council of the City of Richfield is the official governing body of
the City of Richfield; and
WHEREAS, the City, a Minnesota municipal corporation acting by and through its
City Council, is authorized by law to acquire land and other interests in real estate which
are needed for public use or purpose; and
WHEREAS, the City Council finds that public safety require that the City undertake
and complete improvements to address drainage issues in relation to the 77th St
Underpass Project, which includes some grading and installation of drainage structures;
WHEREAS, it is necessary to acquire temporary construction and permanent right -
of-way easements encumbering the property at 7601 18th Ave (PID# 28-028-24-41-0039 );
and
WHEREAS, the good faith efforts of employees and agents of the City, in addition
to the property owners, has resulted in the acceptance of offers to purchase the
aforementioned easements without need for further negotiations.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Richfield hereby authorizes the Mayor and the City Manager to make payments to the
property owner and make effective the agreed upon easements to ensure timely
construction of the project before the end of 2023.
Adopted by the City Council of the City of Richfield, Minnesota this 25th day of October,
2022.
Maria Regan Gonzalez, Mayor
ATTEST:
Kari Sinning, City Clerk
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #5.D.
STAFF RE P ORT NO. 157
CIT Y COUNCIL ME E T ING
10/25/2022
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: C hris L ink, D eputy P ublic Works D irector
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
10/19/2022
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consider the ratification of a contract with Meyer Contracting, Inc., in the amount of $175,788.34 for
the Taft Park Lift Station Improvements Project and authorize the City Manager to approve contract
amendments not to exceed $5,000.00.
E X E C UT IV E S UM M ARY:
Project Description
The Taft Park Lift Station I mprovements Project (the "Project") entails construction of a stormwater lift station
to provide Public W orks with active control over the water level in Taft Lake. The primary purpose is to control
the level of the pond to avoiding flooding and nuisance standing water conditions in the park and over the
Three Rivers Park District trail. The lift station also provides a safety benefit to Public W orks staff as they will
no longer need to manually pump the pond down in high water events. Generally, the Project entails:
1. Furnishing and installing new wet well and pump;
2. Furnishing and installing new controls and associated electrical work;
3. Removing and replacing existing bituminous and concrete trails; and
4. Miscellaneous site work and landscaping.
The engineer's estimate indicated the Project was not expected to exceed the $175,000 threshold set forth in
Minnesota's Uniform Municipal Contracting Law and so competitive quotes were solicited through a Request
for Proposals (RF P) process. The RFP was sent to two qualified contractors and the City received two
quotes for the Project.
The lowest quote received was from Meyer Contracting, I nc., in the amount of $174,824.64. After consulting
with the City Attorney, the City was advised it could execute the contract without City Council approval
because it was <$175,000. The contract was executed in J une 2022 and work began later that month.
Contract Amendment
I n order to complete construction of the Project, certain line items in the construction contract were witness to
an overage in plan quantities. The exceedance of the plan quantities resulted in the need for a contract
amendment in the amount of $963.70, which will push the Project above the $175,000 purchasing threshold
and will require City Council approval. Staff requests approval/ratification of the original Project contract and
the amendment totaling $175,788.34 so the Project may be completed.
RE C O M M E ND E D AC T I O N:
By Motion: Ratify the contract with Meyer Contracting, Inc., in the amount of $175,788.34 for the Taft
Park Lift Station Improvements Project and authorize the City Manager to approve contract
amendments not to exceed $5,000.00.
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):
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.
C.C R IT IC AL T IMIN G IS S U E S:
The Project is complete, however, City staff are waiting to pay the final invoice until the contract is
ratified.
D.F IN AN C IAL IMPAC T:
The original Project contract had a not to exceed limit of $174,824.64.
A contract amendment was submitted in the amount of $963.70 from the contractor due to an
overage of estimated plan quantities.
The total Project cost is now $175,788.34 which will require approval/ratification by City Council.
Funding for this effort is contained in the 2022 Revised Stormwater budget in the amount of
$175,000.
E.L E GAL C ON S ID E R AT ION:
The City Attorney has advised staff that City Council should approve/ratify the Project contract now that
total Project costs have exceeded $175,000.
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
Original E xecuted C ontract C ontract/A greement
C hange Order 1 C ontract/A greement
CHANGE ORDER NO. 1
CITY OF RICHFIELD
PUBLIC WORKS DEPARTMENT
Meyer Contracting, Inc. CITY PROJECT NUMBER: 2865
Contractor
11000 93rd Ave N
Maple Grove, MN 55369
To whom it may concern:
Under your contract dated June 9, 2022, with the City of Richfield, the City of Richfield hereby directs
you to do the work described in the attached estimated change in cost and add to the contract, in
accordance with the contract and specifications, the sum of $963.70.
AMOUNT OF
ORIGINAL
CONTRACT
TOTAL
ADDITIONS
TOTAL
DEDUCTIONS
CONTRACT TO
DATE
$174,824.64 $963.70
$0.00 $175,788.34
Date Approved: _________________
Meyer Contracting, Inc.
Contractor Chad Donnelly
Assistant Utilities Superintendent
By:
Title:
AGENDA SECTION:PUBLIC HEARINGS
AGENDA ITEM #7.
STAFF RE P ORT NO. 158
CIT Y COUNCIL ME E T ING
10/25/2022
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: C hris L ink, D eputy P ublic Works D irector
10/17/2022
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
10/19/2022
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Conduct and close a public hearing and by motion: Adopt a resolution for special assessments for
removal of diseased trees from private property for work ordered from January 1, 2021, through
December 31, 2021.
E X E C UT IV E S UM M ARY:
T he health of trees within municipal limits is threatened by shade tree diseases and it is the City’s
responsibility to control and prevent the spread of these diseases.
I f the City deems it necessary to remove a diseased tree on private property, the property owners have three
options available:
1. Remove the tree themselves;
2. Hire and pay for their own contractor to remove the tree; or
3. Hire their own contractor and request the cost of the tree removal be assessed against their property
tax.
I n the period from J anuary 1, 2021, through December 31, 2021, twenty-seven (27) property owners chose
the third option, and four (4) property owners have since paid off their balance. The total amount to be
assessed is currently $84,622.54 across twenty-three (23) properties.
RE C O M M E ND E D AC T I O N:
By Motion: Conduct and close the public hearing and adopt a resolution for special assessments for
removal of diseased trees from private property for work ordered from January 1, 2021, through
December 31, 2021.
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
I n the early 1970’s, the City of Richfield began a shade tree disease program to assist homeowners in
the removal of diseased trees on private property. The following process is how the City ensures
property owners are aware of their diseased tree(s).
Notification to Property Owners
At time of marking for removal, paperwork is left at the property which includes:
Removal deadline;
Reason the tree was marked for removal;
Assessment information;
I nformation regarding private contractors;
A card postmarked to the City informing the City of owner's removal plans; and
City staff contacts for more information.
I f the tree becomes hazardous or is past the removal deadline the City sends an additional deadline letter
to the property owner. T he letter is sent to the last known owner as obtained from Hennepin
County Property Records and verified by our utility billing records.
Occupied Properties
On confirmed occupied properties, property owners with diseased private trees have three options
available for tree removal:
1. Remove the tree themselves;
2. Hire and pay their own contractor; or
3. Hire their own contractor and request the cost of the tree removal be assessed against
their property tax.
Vacant Properties
I n cases where the property is vacant and no owner can be found, removals must be ordered when trees
have passed the removal deadline or become hazardous. A contractor then performs the removal and the
cost is assessed to the property. I n 2021, no vacant properties had trees removed in this manner.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
The work has been completed with prior approval from the affected residents; except in cases of
vacant properties.
Minnesota State Statute requires the County be notified of all special assessments.
The proposed assessment was properly filed with the City Clerk.
Notices of the assessment hearing were mailed to the owner of each parcel described in the
assessment roll on September 7, 2022 and October 5, 2022.
The public hearing notice was published in the official newspaper on October 6, 2022 in advance
of the October 25, 2022 public hearing.
C.C R IT IC AL T IMIN G IS S U E S:
The unpaid charges for the removal of the diseased trees must be special assessed for
certification to the County Auditor along with current taxes as stated in City Code 910.23.
The assessment role is submitted to the County Auditor and must be reported to Hennepin County
by the end of November annually.
D.F IN AN C IAL IMPAC T:
The costs to be assessed for the removal of diseased trees on private property for work ordered
during the period J anuary 1, 2021, through December 31, 2021, have been determined to be
$84,622.54.
The property owner may pay the original principal amount without interest by November 11.
Payments received on or after November 11 but before November 14 will be charged interest at
the rate of five percent (5%) through the date of payment. The unpaid balance will be spread over
five (5) years with a five percent (5%) interest rate.
The original source of funding to have the work done is through the City’s Permanent
I mprovement Revolving Fund.
E.L E GAL C ON S ID E R AT ION:
The City Attorney will be available to answer any questions.
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:
Property owners on the assessment roll.
AT TAC H ME N T S:
D escription Type
Tree A ssessment Resolution Resolution L etter
Tree A ssessment Roll E xhibit
RESOLUTION NO.
RESOLUTION ADOPTING ASSESSMENT FOR THE REMOVAL OF DISEASED
TREES FROM PRIVATE PROPERTY FOR WORK ORDERED FROM JANUARY 1,
2021 THROUGH DECEMBER 31, 2021
WHEREAS, costs have been determined for the removal of diseased trees from
private properties in the City of Richfield and the expenses incurred for such work
ordered during the period of January 1, 2021 through December 31, 2021 amount to
$84,622.54.
WHEREAS, pursuant to proper notice duly given as required by law, the council
has met and passed upon all objections to the proposed assessment for current
services related to the removal of diseased trees from private properties in the City of
Richfield and the expenses incurred for such work ordered during the period of January
1, 2021 through December 31, 2021.
Address
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota:
1. Such proposed assessment roll, in the amount of $84,622.54, is hereby accepted
and shall constitute the special assessment against the lands named herein, and
each tract of land therein included is hereby found to be benefited by the proposed
current services in the amount of the assessment levied against it.
2. Such assessment shall be payable in no more than five annual installments and
shall bear interest at the rate of five (5%) percent from the date of adoption of this
assessment resolution.
3. The owner of any property so assessed may, at any time prior to certification of the
assessment to the County Auditor, pay the whole of the assessment on such
property with interest accrued to the date of payment, to the City’s Finance Division,
except that no interest shall be charged if the entire assessment is paid by
November 11, 2022. A property owner may, at any time prior to November 14, pay
to the City’s Finance Division the entire amount of the assessment remaining
unpaid, with interest accrued to December 31 of the year in which such payment is
made.
4. The City Clerk shall forthwith transmit a certified duplicate of this assessment roll to
the County Auditor to be extended on the property tax lists of the County and such
assessments shall be collected and paid over in the same manner as other
municipal taxes.
Adopted by the City Council of the City of Richfield , Minnesota this 25th day of October,
2022.
______________________________
Maria Regan Gonzalez, Mayor
ATTEST:
_____________________________
Kari Sinning, City Clerk
Report Name: SA_MasterPrinted:10/17/2022Page: 1Special Assessment Master ReportS/A Number: 22024City of RichfieldPayment Number: 0 Of: 5S/A Number:22024Assessment Total: $102,417.93 Interest Rate: 5.00001st Yr. Int. Months: 121st Yr. Payable: 2023Description: 22 TREESOpened Date: 1st Hearing: 2nd Hearing: Levied: Amortization Type: SCounty Admin Fee: $0.00Status: PendingProject Nbr: Fund: Contract Nbr: Fin Acct Nbr: Resolution Number: Continue Calculating Deferred: YesInt Acct Nbr: Sub Status: Street NameClosed DescTotal AssessmentPayoff AmtProperty IDHouseUnitStOrig Assessment$7,050.0026-028-24-11-0075 6244 Cedar Ave S $7,050.00A$7,050.00$3,010.7026-028-24-12-0030 1401 62nd St E$3,010.70A$3,010.70$4,499.9326-028-24-14-0126 6408 16th Ave S $4,499.93A$4,499.93$2,668.1327-028-24-12-0078 6239 2nd Ave S $2,668.13A$2,668.13$6,128.9227-028-24-13-0104 6533 2nd Ave S $6,128.92A$6,128.92$1,881.6927-028-24-33-0111 6820 Garfield Ave S $1,881.69A$1,881.69$5,537.5427-028-24-43-0037 6833 2nd Ave S $5,537.54A$5,537.54$5,268.7328-028-24-24-0097 6504 James Ave S $5,268.73A$5,268.73$6,989.1328-028-24-32-0057 6608 Oliver Ave S $6,989.13A$6,989.13$0.0028-028-24-33-0075 6932 Newton Ave S$0.00 Paid at CityA$7,634.28$4,236.4928-028-24-34-0056 6932 Knox Ave S $4,236.49A$4,236.49$0.0033-028-24-13-0012 1300 73rd St W$0.00 Paid at CityA$4,569.81$2,258.0333-028-24-14-0061 7328 Colfax Ave S $2,258.03A$2,258.03$0.0033-028-24-22-0116 7120 Oliver Ave S$0.00 Paid at CityA$3,763.38$3,924.6634-028-24-22-0052 7140 Garfield Ave S $3,924.66A$3,924.66$0.0034-028-24-24-0031 7209 Wentworth Ave $0.00 Paid at CityA$1,827.92$1,548.3634-028-24-34-0020 7626 Blaisdell Ave S $1,548.36A$1,548.36$3,494.5735-028-24-11-0037 7120 18th Ave S $3,494.57A$3,494.57$4,166.5935-028-24-11-0095 7124 18th Ave S $4,166.59A$4,166.59$1,612.8835-028-24-12-0090 7044 Bloomington Ave S $1,612.88A$1,612.88$2,150.5035-028-24-14-0087 7345 17th Ave S $2,150.50A$2,150.50$3,440.8035-028-24-14-0096 7338 17th Ave S $3,440.80A$3,440.80$1,690.5935-028-24-21-0009 7126 12th Ave S $1,690.59A$1,690.59$6,236.4535-028-24-34-0036 7615 10th Ave S $6,236.45A$6,236.45$1,236.5435-028-24-41-0018 7421 16th Ave S $1,236.54A$1,236.54$3,790.2635-028-24-41-0021 7410 16th Ave S $3,790.26A$3,790.26
Report Name: SA_MasterPrinted:10/17/2022Page: 2Special Assessment Master ReportS/A Number: 22024City of RichfieldStreet NameClosed DescTotal AssessmentPayoff AmtProperty IDHouseUnitStOrig Assessment$1,801.0535-028-24-42-0051 7445 12th Ave S $1,801.05A$1,801.05A Total: $84,622.5427A Count: $84,622.54$102,417.93Grand Total: $84,622.5427Total Count:$84,622.54$102,417.93
AGENDA SECTION:PROPOSED
ORDINANCES
AGENDA ITEM #8.
STAFF RE P ORT NO. 159
CIT Y COUNCIL ME E T ING
10/25/2022
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
10/19/2022
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
10/19/2022
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 second reading of an interim ordinance authorizing a study and imposing
a one-year moratorium on the sale of Cannabis products.
E X E C UT IV E S UM M ARY:
On September 27th, the City Council delayed the first reading of the Ordinance to October 11th, 2022.
On October 11, 2022, the City Council heard the first reading of the interim ordinance authorizing a study
and imposing a one-year moratorium on the sale of cannabis products.
I n 2022, the Minnesota Legislature passed legislation that authorized the sale of edible cannabinoid products
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. 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.
Because cities and stakeholders were not given any notice of action or consulted during the drafting of this
legislation, staff are not prepared to provide guidance related to an ordinance or licensing of edible
cannabinoid products at this time.
Staff's recommendation to the Council was to implement a one-year moratorium and then license the
sellers of cannabis products. T he purpose of the moratorium is to allow the City time to study the
impacts of cannabis products and prepare an ordinance and licensing structure for Council
consideration. If the Council should adopt 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:
1. Approve the second reading of an interim ordinance authorizing a study and imposing
a one -ye ar moratorium on cannabis products. and;
2. Approve a re solution authorizing summary publication of said ordinance .
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
On September 13, 2022, staff presented to the City Council in a work session. T he
presentation included background on the new law, an update from the League of Minnesota
Cities work group, staff concerns at the city level, four options for consideration, and staff
recommendations.
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.
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. The 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 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:
NA
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
Richfield THC Moratorium C over Memo
S ummary P ublication Resolution Resolution L etter
1
RC160\1\825199.v1
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.
2
RC160\1\825199.v1
(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
3
RC160\1\825199.v1
(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 25th day of October 2022.
Maria Regan Gonzalez, Mayor
ATTEST:
Kari Sinning, City Clerk
RESOLUTION APPROVING SUMMARY PUBLICATION
OF AN INTERIM ORDINANCE
AMENDING THE RICHFIELD CITY
CODE, AUTHORIZING A STUDY AND
IMPOSING A ONE-YEAR MORATORIUM
ON THE SALE OF CANNABIS
PRODUCTS
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 INTERIM ORDINANCE AMENDING THE RICHFIELD CITY CODE, AUTHORIZING
A STUDY AND IMPOSING A ONE-YEAR MORATORIUM ON THE SALE OF
CANNABIS PRODUCTS
This summary of the ordinance is published pursuant to Section 3.12 of the
Richfield City Charter.
This ordinance does the following: authorizes a study and imposes a one-year
moratorium on the sale of Cannabis products.
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 25th day of
October, 2022.
Maria Regan Gonzalez, Mayor
ATTEST:
Kari Sinning, City Clerk
AGENDA SECTION:PROPOSED
ORDINANCES
AGENDA ITEM #9.
STAFF RE P ORT NO. 160
CIT Y COUNCIL ME E T ING
10/25/2022
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
10/19/2022
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
10/19/2022
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 second reading of an ordinance amending Section 925 of the Richfield
City Code to include new language addressing what refuse is and the accumulation of it related to
public nuisances.
E X E C UT IV E S UM M ARY:
The elimination of the old garbage code, along with the absence of the "refuse" definition in the new
Organized Hauling code has made public nuisance enforcement more challenging without language that
addresses what refuse is, and the accumulation of it. The new language being proposed encompasses what is
typically observed as public nuisance violations and will make enforcement an easier process under Section
925- Nuisance.
The first reading of this ordinance amendment was approved by the City council on October 11, 2022.
RE C O M M E ND E D AC T I O N:
By Motion: Approve the second reading of an ordinance amending Section 925 of the Richfield City
Code and adopt a resolution approving summary publication of said ordinance.
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 refuse definition in the former garbage code was used frequently by Environmental Health (E H) to
enforce public nuisance violations related to the accumulation of refuse. This definition no longer exists
in the new 601 Solid Waste code. Approving the new accumulation of refuse language under the
Nuisance code (925) allows E H to more easily enforce public nuisance violations related to accumulation
of refuse.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
Section 925 of the Richfield City Code pertains to Public Nuisances and the process for enforcement
and abatement.
C.C R IT IC AL T IMIN G IS S U E S:
N/A
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 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 may decide to not approve the second reading of the ordinance and direct staff 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
Nuisance amendment C over Memo
Resolution and summary publication C over Memo
BILL NO. ______
AN ORDINANCE AMENDING SECTION 925
OF THE RICHFIELD CITY CODE
PERTAINING TO PUBLIC NUISANCES AND REFUSE
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Subsection 925.01, subdivision 2 of the Richfield City Code is amended
as follows:
Subd. 2. Public nuisances affecting health. The following are declared to be
nuisances affecting public health:
(a) Exposed accumulations of decayed or unwholesome food or vegetable
matter;
(b) Diseased animals running at large;
(c) Ponds or pools of stagnant water;
(d) Carcasses of animals not buried or destroyed within 24 hours after death;
(e)(d) Accumulations of manure or rubbish refuse that affect public health by
reason of appearance, odor, sanitation, or fire hazard, including
accumulations of solid waste, garbage, trash, rubbish, litter, organic s or
organic materials , and yard waste; animal carcasses; combustible
material, such as wood, branches, brush; natural material , such as gravel,
stone, and soil; non-combustible material, such as glass, brick, metal;
waste debris resulting from construction, demolition, repair , or alteration
of structures or buildings; vehicle s, vehicle parts, or tires; bulky waste,
such as appliances, furniture, and mattresses;
Composting of organics or organics materials pursuant to the Richfield City
Code, subsection 601.13 shall not be considered a public nuisance
pursuant to this sub-section;
(f)(e) Privy vaults and garbage cans which are not rodent free or flytight, or which
are so maintained as to constitute a health hazard, or to emit foul and
disagreeable odors;
(g)(f) The pollution of any public well or cistern, stream, lake, canal or body of
water by sewerage, creamery or industrial wastes, or other substances;
(h)(g) Poisonous plants including but not limited to poison ivy, poison oak, and
ragweed, plants detrimental to health; any growth of weeds, grass, brush or
other rank vegetation to a greater height than six (6) inches on the average;
and accumulations of dead weeds, grass or brush;
(i)(h) Dense smoke, noxious fumes, gas or soot, or cinders in unreasonable
quantities;
(j)(i) Offensive trades and businesses as defined by statute not licensed by the
city board of health as provided by law;
(k)(j) Public exposure of persons having a contagious disease; and
(l)(k) Overcrowding a room or portion of a dwelling with long-term storage of
items, goods, or any material so as to prevent upkeep, maintenance, or
regular housekeeping. A room may be considered overcrowded when
storage covers an excessive amount of the floor area of a room, constitutes
a potential excessive fire load, prevents access to windows or doors,
prevents access to or obstructs mechanical systems or air movement,
effectively eliminates use and access to required electrical devices,
impedes access and movement of emergency personnel, blocks hallways,
limits the operation of doors or provides pest harborage.
Section 2. This ordinance will be effective in accordance with Section 3.09 of
the City Charter.
Adopted by the City of Richfield this ___ day of _________, 2022.
Maria Regan Gonzalez, Mayor
ATTEST:
Kari Sinning, City Clerk
RESOLUTION NO. _____
RESOLUTION APPROVING SUMMARY PUBLICATION
OF AN ORDINANCE UPDATING SECTION 925 – NUISANCES
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 925 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 925 relating to nuisances,
does the following: defines refuse within the Nuisance code and addresses the
accumulation of refuse, allowing for enforcement when necessary.
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 25th day of
October, 2022.
Maria Regan Gonzalez, Mayor
ATTEST:
Kari Sinning, City Clerk