All right, it's 7 a.m. Good evening. I'd like to call to order this meeting of the Richfield City Council. It's September 9th and it's 700 p.m. If you're able, please rise and join us for the Pledge of Allegiance. I aliance to the flag of the United States of America and to the for which it stands, one nation under God, indivisible, with liberty and justice for all. >> Thank you. >> So last month, our Richfield community was shaken by the tragic shooting at Enunciation Church and School just blocks north of our city. Violence is always horrifying, but even more so when it touches the lives of our children. We offer our deepest consult condolences to the families of Fletcher Merkel and Harper Moiski. Please join me now in a moment of silence. Thank you. Our hearts are also with those who were injured and are still recovering from this terrible shooting, as well as the families and staff as they process this tragic situation as the school year begins. Finally, thank you to the Richfield Police and Fire Departments for responding quickly and supporting the efforts in Minneapolis as well as at the vigil. Would any other council members like to add something? Um, council member Burke, >> you know, tragedy like this um really brings to mind the mystery of evil, why evil exists, why it's in the world, how one person can be um so consumed with it and creating such u evil acts. But there is no mystery about goodness. We saw it so clearly in the way the first responders reacted and how even children seems like they naturally reacted in a just the goodness of their hearts to show compassion and uh courage in protecting each other. Um and that's the thing I try to keep focused on in this is the those examples of goodness throughout the community both during and after such a tragedy. And I hope that the state and federal leaders can also show some compassion and courage and a good measure of wisdom in finding a way to bring back some balance to some of the constitutional rights that make tragedies like this easier to to occur. Um that was also a very disturbing thing about this that people trying to practice their religious freedom that they were interfered with that and tragically died for doing it um from someone who thinks that they were ex exercising their constitutional right. Things are out of balance and I hope state and federal leaders will take action to bring things back to balance. Thank you. All right. Our next item is approval of the agenda. >> I move approval of the agenda. >> Second. It's been moved and seconded to approve the agenda. Is there any discussion? All right. All in favor of approving the agenda, please say I. >> I. >> All opposed? We have approved the agenda. Next will take up the approval of the minutes of the city council work session from August 26, 2025 and the city council regular meeting from August 26, 2025. >> So moved. >> Second. >> Okay, we've heard um it's been moved to approve both sets of minutes. Is there any discussion? All in favor, please say I. >> I. >> All opposed. All right, we have approved both sets of minutes. Next, we'll move on to the open forum. Participants can share their comments in person, by voicemail, email, or any or may also request to participate virtually. For more information on submitting comments, refer to the council agenda and minutes page on richfieldm.gov/city councsil. Were any comments sent in ahead of time? All right. And so, we have one um sheet for someone who would like to speak in person. You'll have three minutes and if you Candace if you want to come up and state your name and tell us what you would like to address the council on. Let's see. Is this am I on? Okay. Hi, my name is Candace. I am a Richfield resident. Uh thank you for the opportunity to speak. I am here to address agenda item 10.B. First, uh, I'd like to point out that the proposed ordinance specifies a 60-day limit for portable storage containers with a total limit of 90 days per calendar year. However, it is unclear upon my reading of the proposed ordinance whether this 90-day limit applies to the property or to the owner of the property. So, for example, if I have a storage container for the maximum allowable period of time and then I sell my house, if the next owner comes behind me within a matter of weeks and puts a storage container there for whatever they need to do, is that going to cause issues for neighbors? Uh, and I think that that needs to be considered and clarified for consistency. The second point I'd like to raise uh is that the report highlights concerns about the aesthetics of storage containers and residential driveways and safety issues caused by blocked sidelines. These are valid concerns, but I also want to point out that other common items such as RVs and large work uh vehicles um more than the number of maximum allowed vehicles parked in a driveway at any time. also present those same issues. And so I don't think that it is I would just advise that if we're going to address storage container issues based on those concerns, then we need to equally address all of those other concerns as well. Um my most important issue with the proposed ordinance is that the report mentions that the Richville Police Department's commitment to equity and inclusivity in their work. However, it also notes that there may be instances where equity does not apply. And I honestly cannot think of a single situation in the context of public safety where equity would not apply. So, I I would strongly encourage the city to take a look at that wording because you can't have it both ways. You're either for equity or you're not. And that statement is says that you're both that you are and you're not. So please address that accordingly and think that think about the fact that we need to really think deeply about how we can ensure that all the regulations for the city are applied equitably and fairly. I'm raising these concerns tonight from personal experience regarding these pod containers in West Richfield. On April 9th of this year, while clearing out my late mother's home, a Richfield police officer issued a citation for a pod container that was in my mother's driveway. The complaint cited rust stains uh and that the pod had been in the driveway for weeks. I'd like to note on the record that the rust stains in that driveway, and I'm not going to name the address because we don't own the property anymore, but those rust stains were in the driveway when my mother purchased that house in 2013. I would also like to note that that pod was only in the driveway for 29 days when that citation was written. And the citation, the code violation that it cited was 925.01, which I will briefly describe as accumulations of refues. So, somebody made the decision to identify a pod in my mother's driveway filled with family heirlooms as garbage. And the reason why I bring that up is because my family is one of the only families of color on that block. While just a couple years before this, the family right next door to us had a pod container in the street and in their yard for months. And when I spoke to them, they didn't ever get any complaints from the neighbors. So, this incident for me raises very serious questions about bias uh and the lack of equity in the enforcement of the city's policies and the fact that that officer that day made that very poor judgment call to write a citation for something that was not even on the books. So, when I bring up matters of equity, this is about the application of enforcement. It doesn't matter what the what you put in these codes. If the people who are out there making the decisions aren't being equitable in their choices, then all of your work to do these to do this is for not. If the people that are in charge of one dispatching the complaint that was clearly registered on the online portal, who is the person that dispatched that out to the officer in the first place? And then the officer themselves got on site and agreed with the assessment that that pod was a representation of garbage. I mean, it's ridiculous. And so, I want you all before you vote on that resolution tonight to really consider whether or not you've done everything you can do to address the issues that these kinds of policies create for community, especially when it comes to equity. My second comment tonight is just specifically Mr. Burke, I'd like to address to you um because you talked about at the top of this at the opening of the meeting about there's no mystery about goodness. And I agree with you on that. The reason I bring this up is because um a few months um after or I'm sorry, last summer while you were campaigning for your position here on the council, uh there was a day you were out canvasing and you happened to be flying at my mother's on my mother's street while me and my cousin who was visiting from Louisiana at the time were letting ourselves into the house to pack up stuff. and he very cheerfully said,"Hey, can I give you some literature, whatever?" And I very cheerfully said, "Hi." and respectfully declined. And in that moment, the look of disdain and disgust that you gave to me and my nephew. I want you to know the impact that that had on that young man who was here visiting from out of state. And I didn't get to see the look on his face in that moment because I was looking at you. And all I could think of was, I hope that Dexter, my cousin, had his face in his phone like he always does and wasn't paying attention, even though I'm was always fussing at him to be present in the moment, but he was present in that moment. And let me tell you the impact that that small interaction with you that they had. That young man said to me, "See, this is why I don't vote. He's not even represented by you or was eligible to vote for you. he's going to go back to Louisiana down south, which he did, and use that interaction as justification to not participate in our political system. And so when you talk about there's no mystery about goodness, examples of goodness and compassion, your responsibilities as an elected official go beyond the boundaries of this city. And you need to understand your responsibility and how you interact with people, especially people that you don't personally identify with, how that sticks with them, especially young people, and a time when we need everybody participating in the democratic process. And thank goodness he had somebody like me there to explain to him that not all people in Minnesota view us in the way that you clearly viewed us that day as people who were not willing to participate in and engage with you in your political campaign. If you didn't know the reasons why we declined and I know I'm coming to the end of my time and I will close by saying Mr. that I strongly urge you to think about how your interactions, even the smallest ones, people are not dumb. They pick up on. They are perceptive. And when you're going to openly scoff at somebody who politely declined your in invitation to receive your political um literature, that doesn't look good. And I invite you to contact me personally. We can go out for coffee and I can share more with you about how that impacted not just my nephew but me >> and other people in this community who need strong leadership. That was not what you displayed that day and I hope you act better in the future. Thank you very much. >> Thank you. Is there any one else who wishes to speak during open forum? All right, we'll move on then to the proclamations and presentations. So, at this point, I would like to call forward Principal Garcia from Sheridan Hills to receive a proclamation. Thank you. Thank you. Whereas National Hispanic Heritage Month is observed from September 15th to October 15th to promote and celebrate rich cultures, traditions, and contributions of the Hispanic and Latin American communities. And whereas Hispanic Heritage Month originated as Hispanic Heritage Week in 1968, in 1988, the week was expanded to a month through legislation sponsored by Representative Esteban Torres, amended by Senator Paul Simon and signed into law by President Ronald Reagan. And whereas the expanded celebration runs from September 15th to October 15th, the September 15th chose with September 15th chosen as the starting point to honor the anniversary of the cry of Dolores in 1810 which sparked the Mexican War of Independence. The state also aligns with independent celebrations across Latin America and includes other culturally significant events such as Dia de laasa. And whereas in the decades since his national Hispanic Heritage Month, proclamations have been made by every sitting president of the United States. And whereas the Hispanic American and Latino-American communities fuel our economy and enrich our nation in many ways, yet are facing threats in the current political climate, we continue to support human rights for all in our country because that is what strengthens our democracy. And whereas 19% of Richfield residents identify as Hispanic or Latinex according to the two 2023 American Community Survey estimate. And whereas Richfield residents voted Minnesota's first Hispanic female mayor Maria Rean Gonzalez into office in 2018. Now therefore, I, Mary Supple, mayor of Richfield, on behalf of the Richfield City Council, do hereby proclaim September 15, 2025 through October 15, 2025 as Hispanic Heritage Month in Richfield and call on the people of Richfield to observe this period with appropriate programs, activities, and ceremonies and continue to honor the contributions of our Hispanic American and Latinoamerican community. proclaim this ninth day of September 2025. Thank you. >> Thank you. And if you would like to say a few words, principal. >> Sure. I'm very um honored to receive this and to on behalf of um all Latinos that commun that contribute to our great community here at Richfield. Thank you very much for the opportunity. Thank you. Oh, go ahead. Um, principal Garcia, we went a council member wanted to speak as well. So, go ahead. as a as a Puerto Rican Puerto Rican I'm very glad that you are here today and uh been on the human rights commission for three years and I've always appreciated the work the human rights commission does. Uh those proclamations are very important. So as a Hispanic I'm very glad to see that you have come up and uh and accepted the the proclamation. Thank you for your time. >> Thank you so much. Thank you Council Member Burke. Next we'll move on to the consent calendar. Um, city manager Rodriguez. >> Thank you, Mayor. The 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. On tonight's consent calendar, item A, approve dispersements and claims. Item B, consider the approval of the first reading of an ordinance amending Richfield City Code, appendix D, fee schedule, related to building planning and zoning fees, and schedule a public hearing for the second reading for this September 23rd, 2025 council meeting. Item C, consider a resolution approving the affordable housing trust fund 2025 revised budget and 2026 budget. Item D considered the approval of a resolution for reimbursement of certain expenditures from the proceeds of general obligation bonds to be issued by the city for the Veterans Memorial Park project. Item E, consider setting the date for a public hearing regarding municipal consent for project 2 of the I494 corridor vision to be held on October 28th, 2025. and I submit these items for your consideration as part of the consent calendar. So, is there a motion for approval of the consent calendar? >> So, moved. Second. >> It's been moved and seconded. Is there any discussion? All in favor, please say I. >> All opposed. And we have approved the consent calendar items. Next, we'll move on to the proposed ordinances. And we'll go to item 10A, Council Member Christensen. Thank you, Mayor. The item for consideration for this uh is to consider the approval of the second reading of an ordinance pertaining to the feeding of wildlife and resolution and summary publication of such ordinance. The proposed update to the code addresses problems with the feeding of wildlife in the city and not just the deer and raccoons as currently written. A significant increase in complaints among neighbors has driven the need to create a new definition of deer and raccoons and suggest a prohibition on feeding wildlife in general. The recommended action would be to approve the second reading of an ordinance pertaining to the feeding of wildlife and resolution and summary publication of set ordinance. Does this staff have anything to add? Council member person. This is um just a one of those um regular kind of updates to city code. Um as as we see issues over time, um updating code usually comes along with that. And we are taking a an unusually large number of complaints about residents um excessively feeding in their their yards, which is attracting large amounts of wildlife. deer, turkey, water fowl, um squirrels, um rodent infestations in people's garages and homes. It's spreading much farther than um than it should. And so there's been a a new definition of wildlife um proposed in the ordinance to just kind of um address all wildlife feeding um and try and eliminate some of the the issues that we're having. Um I actually took a a complaint this morning. Um and it's it's been an annual complaint by the same neighbor um about another neighbor um in the chronic feeding. And so there's dozens of these across the city and this is actually coming forward at a really good time. Um so just kind of a general update to the code to include all wildlife and to um you know people can have their their bird feeders and so forth. That's fine. We just don't want people dumping 50 pound bags of corn and seed in their backyard. Um, I have um that issue on my block and I had over 300 mards in my neighbor's backyard and I have two labs and so it was a challenge to not let them out because it would have been a quite a scene. So that's what this um proposed ordinance addresses. Thank you. Um we've been asked by the city attorney to take these as two separate motions. So um Council Member Christianson if you want to make the first the motion and then we'll do this a separate vote on the summary of publication part. Okay. Uh my motion to approve the second reading of an ordinance pertaining to the city of wildlife and resolution. Is there a second? >> Second. >> Okay. It's been moved and seconded to approve the second reading. Um is there any discussion? >> Council member Hayford Deliri. >> Um well first up there's a just a minor cler cler but I think if I remember right you can just fix that later. uh to five instead of five feet for the height of the bird feeders. Um and I I was also curious 5 feet seems kind of high for a minimum bird feeder height. Is that normal or I know I've never bought a bird feeder, but okay. Okay. No concerns on but I'm assuming the typo doesn't matter for approval tonight, right? >> City attorney, they can change field of feed without anything that we're directing. Right. Um, yes, council member. I was looking for the typo and I didn't see it on >> subdivision 4 exception. This does not apply to birds. >> Yes, we'll fix that typographical error. >> All right. Any other discussion? >> All in favor, please say I. >> I. I. >> All oppose. All right. We've passed the um ordinance and now we I would entertain a motion for summary publication of set ordinance. So moved. Second. >> Okay. It's been moved and second in to do the summary publication of the ordinance. All in favor, please say I. I. >> All opposed. And please note that four members voted I. Next, we'll move on to item um 10B. And I'll turn it over to council member Hayford. >> Thank you. This item will be to consider approval of a second reading of an ordinance pertaining to temporary outdoor portable storage containers and corresponding resolution authorizing summary publication. The city has taken an increasing number of resident complaints over the past couple of years regarding portable hard-sided storage containers on private property for months on end and in some cases years. In a typical situation, a portable storage container is appropriate when remodeling or moving in or out of a home. The container may be on site for a couple of weeks and then picked up. City council suggestions regarding the proposed ordinance were made at the August 26, 2025 city council meeting and are now reflected in the proposed second reading. They include allowing two containers not to exceed 16 by 8 by 8 combined. Um allowing 60 days on site instead of 30 days, a limit of 90 days per calendar year, and a restriction on animal and human habitation. The original draft and updated draft were in the packet so we can see the differences. Um, does staff have anything to add before I make the motion? >> I don't. Uh, we included the changes in the executive summary so that you were aware of um the language edits that you uh requested at the August 26th meeting. >> Thank you. Um, could you address the the question raised by the public about if the owner changes during the year, how that would be treated? Whenever there's a complaint on a property, whether it be a pod or long grass, um, anything, we go to the owner. So, we look up the owner property on the Henipin County website. So, if there are two different owners, two different owners of the property in a year, it's addressed with that owner. >> Okay. So, you would not, if it were to change in July and the previous person had already used 90 days, you would not interpret that to prohibit the next person from having their 90 days. >> Correct. >> Okay. Okay. Um, I will sorry I scrolled away from the motion here. I move that we approve the second reading on ordinance amending sections 1135 and 925 pertaining to temporary outdoor portable storage containers. Is there a second? Second. It's been moved and seconded. Is there any discussion? Um, I do want to thank staff for making the changes we talked about and I think there was some good suggestions that came up during the discussion like saying that you can't have people or animals living there and those types of things. So, I appreciate that. Any other discussion? All right. All in favor, please say I. >> I. >> All opposed. And we have approved the second reading. >> All right. All right. I move that we approve a resolution authorizing summary publication of that ordinance. >> Second. It's been moved and seconded to approve the summary publication of this of the ordinance. All in favor, please say I. I. >> I. All opposed. And we have approved that publication. Next, we'll move on to item 10 C. Council member Burke. So the item for consideration is to consider a second reading and summary publication of ordinance changes related to multif family development regulations MR2 and MR3 zoning district updates. During the 2018 comprehensive plan update, residents overwhelmingly identified housing needs and affordability as a key concern. Recognizing that outdated zoning regulations are one barrier to affordable housing, the city is updating the MR2 multif family and MR3 highdensity multif family zoning districts to better facilitate a variety of housing choices known as the missing middle. Missing middle housing refers to moderately dense housing options such as triplexes, quadplexes, and small apartment buildings. These types of homes can provide affordable and diverse living options, filling the gap between single family homes and large high-rise buildings. It's important to note the update focuses on regulations for multif family housing construction and does not involve the reszoning of any properties. For details on affected areas, refer to the existing and planned multif family parcels map. Since August 2024, city planning staff and consultant TC2 have collaborated on this effort. The proposed changes were carefully crafted based on real world examples and tested by designers on typical parcel sizes to ensure feasibility. Following an eight-month update process in close collaboration with policy makers and stakeholders, staff have prepared seven related ordinances. In summary, the proposed amendments found in the seven ordinances are intended to facilitate infill development of smallsiz multif family housing, accommodate the density ranges prescribed by the 2040 comprehensive plan, and streamline the review and approval process. changes since the first reading. The proposed encroachment allowance for AC units has been removed and the language will remain as is. A variance may be granted to allow encroachment if individual circumstances warrant. Descriptive wording for windows was adjusted to be consistent. The notification requirements for administratively approved site plans were modified. Originally proposed to be sent by the permit holder at least 15 business days prior to the start of construction. now proposed to be sent by the city upon receipt of a complete application. Originally proposed to be mailed to parcels within 300 ft of the project site. It is now proposed to be parcels either adjacent to the project site or that would be adjacent except for right of way. See the illustration in the policy section below. So um first motion would be to approve the second reading of seven seven ordinance amendments regarding multif family development regulations MR2 and MR3 district updates >> second. >> Okay it's been moved and seconded. Is there any discussion? >> Um council member Hay for >> I'll just reiterate again my excitement and thanks to staff for this work. Um it's such a useful update. I think we've seen I know there are areas of the city that were designated long ago for media density and we haven't seen like a single project. Um and I know that this is part of why that has occurred. I am hopeful that we'll see some promising projects that are bringing more housing options to Richfield and I'm really grateful for your work in facilitating that. So thank you. >> All right. And also thank you for making the changes after the discussion we had last time. I know there were some items that came up and again you were responsive to that so we appreciate that. Any other discussion? All right. All in favor please say I. >> I. >> I. >> All oppose and we have approved the second reading and then >> then there is a motion to approve a resolution authorizing summary publication of said ordinances. >> A second. It's been moved and seconded to do the summary publication. All in favor, please say I. >> I. >> All opposed. And we have passed that with four votes. Thank you. Next, we will Well, before we go on, I do want to thank staff because I know this has been a long process. So, appreciate that. Thank you. All right. Next, we will move on to the city manager report. Thank you, mayor. Uh, last week, Mr. Lowry, uh, against or I'm sorry, last meeting, uh, Mr. Lowry again spoke about his concerns with speeding at 77th in Lindale. He also requested that Chief Henz provide a written response to the letter from Main Street Village building manager. Um, and uh, the chief sent that out last week. So that has been delivered and the the he emailed but the email was uh detailed all the additional traffic enforcement that has been done and the citations that have been issued. And that's all I have. Thank you. All right. Thank you. Next we'll move on to the council discussion. Hats off to hometown hits. Council member Christensen. Council member Heri. Um, I wanted to share that last week the transportation commission had their approximately annual bike tour of Richfield. So, we got to go check out some projects. Um, almost everybody on the commission was able to participate and special thanks to Matt Hardiger, uh, Jake Whipple and Joe Powers for helping organize that and lead it. Um but yeah, we got to check out the progress um on the pocket park at 65th in Pillsbury, on the newly opened Chicago Avenue Bridge, uh the two school projects which are almost done um over at 70th and 73rd on the east side. So, it's great to see the progress and it's always great to get people out on bike, especially when that's not their their daily way of getting around. >> All right, thank you, Council Member Burke. Um, I went to the uh presentation by city staff about the flood plane as a flood plan for the city and I definitely want to thank staff publicly for having that available to the public and for those of you who didn't make it. It's uh certainly quite eye opening what could happen in Richfield if we get hit with a 100redyear storm that the rainfall in 24 hours. I highly encourage you to go to the city website and see where your home fits in that and find out uh what the city is thinking about in um addressing those concerns. So, thank you. >> Thank you. Um I wanted to do a hats off to our Ridgefield residents. Um I've noticed many examples of people who reach out and help others and advocate for their neighbors. And so I just think we should do a hats off to the entire community. All right. So at this point I we have completed our business and I would entertain a motion to adjourn the meeting. >> Second. We have to make the motion first. >> I'm sorry. Like I can make a motion to adjour adjourn the meeting tonight. >> I will second. >> All right. It's been moved and seconded. All in favor please say I. >> I. All oppose. And