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Your civic brief · Updated July 30

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Tuesday, September 26, 2023 · 7 topics, explained in plain English

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Meeting topics · 7

Work SessionItem 1Outcome pending

Review and Discussion of Charter Commission’s Recommendations for Amendments to the City Charter

A third discussion on proposed amendments to Richfield's City Charter — last amended in 2013 — was scheduled for this work session, with the Charter Commission's executive members present. The proposed changes were expected to be reviewed, covering areas such as simplified language, expanded council authority for public purpose expenditures, alignment with state statutes, and clarification of mayoral emergency declaration powers. A key unresolved point heading into the session was the specific wording governing the Mayor's role during emergencies, particularly whether language should use 'will' or 'may' to define mayoral actions.

final tally arrives when the city publishes the minutes

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Part of an ongoing matter · 5 related discussions

Potential benefit

If adopted, these amendments would bring Richfield's foundational governing document in line with current state law and modern best practices for the first time since 2013. Clearer emergency authority language could improve the city's ability to respond swiftly and effectively to disasters, and expanding council authority for public purpose expenditures could provide more fiscal flexibility for community needs. Using the ordinance process (rather than a voter referendum) would also avoid the significant cost of a public election.

Concern to consider

Amendments to the Charter — especially those redefining mayoral emergency powers — alter the balance of authority between the Mayor and City Council in ways that affect democratic accountability. The shift from mandatory ('will') to discretionary ('may') language for emergency actions could reduce predictability in crisis situations, and any charter change is difficult to reverse once adopted.

What happens next: If the Council reached agreement on the proposed amendments at this session, staff was expected to bring the updated language back to the Charter Commission for review. If the Commission then supports the changes, it may formally recommend the Council adopt the amendments by ordinance — the less costly alternative to a public election on the matter.

Sources: Work Session agenda (city portal)

City CouncilItem 5.AOutcome pending

Appointment of Election Judges and Establishment of Absentee Ballot Board for School District Election

The council was scheduled to appoint election judges and establish an absentee ballot board for the Richfield School District (ISD #280) School Board election on November 7, 2023. The City administers this election under a standing agreement with the school district, and 133 judges confirmed their availability. Minnesota Statute 204B.21 requires judge appointments at least 25 days before the election, making this a time-critical action — failure to act would render the election invalid.

final tally arrives when the city publishes the minutes

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Part of an ongoing matter · 1 related discussion

Potential benefit

Appointing qualified election judges ensures the school board election is conducted lawfully and efficiently. The absentee ballot board, staffed in part by Hennepin County Election staff, ensures absentee votes are properly processed.

Concern to consider

Staff noted that without this appointment, the conduct of the election would not be valid and absentee ballots could not be accepted or rejected — leaving ISD #280 voters without a functioning election.

What happens next: If approved, the 133 named judges from Exhibit A would serve at the November 7, 2023 School Board election. The City Clerk would be authorized to make substitutions as needed, and the absentee ballot board — including Hennepin County Election Staff — would process all absentee ballot envelopes.

Sources: City Council agenda (city portal)

City CouncilItem 7Outcome pending

Ordinance Amendment: Building, Planning, and Zoning Fee Schedule

A public hearing and second reading were scheduled for an ordinance amendment updating the building, planning, and zoning fee schedule in Richfield City Code Appendix D. Staff annually review permit fees to ensure they reflect actual staff time and processing costs, and proposed changes were designed to take effect January 1, 2024. Staff noted that some current fees are insufficient to cover processing costs, while confirming proposed increases remain in line with peer communities.

final tally arrives when the city publishes the minutes

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Part of an ongoing matter · 3 related discussions

Key figure: $40.00Proposed fee for driveway and parking area permits

Potential benefit

Updated fees that recover actual city costs reduce the need to subsidize permitting services through general property taxes. Benchmarking against peer communities helps ensure Richfield's fees are not excessive or a barrier to development.

Concern to consider

Fee increases raise out-of-pocket costs for homeowners, landlords, and businesses pursuing permits for construction, renovation, or land use changes beginning January 1, 2024. For example, the minimum fee for swimming pool permits would increase from $40 to $55.

What happens next: If approved at second reading, the ordinance would take effect January 1, 2024. A companion resolution authorizing summary publication would be required. Because these fees are set by ordinance rather than resolution, any future changes would also require a full ordinance amendment process.

Sources: City Council agenda (city portal)

City CouncilItem 8Outcome pending

First Reading: Ordinance Prohibiting Smoking in Public Parks and Community Events

The first reading of an ordinance was scheduled that would prohibit smoking — including cannabis smoking — in Richfield's public parks and during city-sponsored or co-sponsored community events, with violations subject to a petty misdemeanor offense. The proposal was prompted by Minnesota's cannabis legalization law, which left gaps in city-level enforcement authority for public spaces. The draft ordinance would not restrict smoking on streets, sidewalks, or trails between parks, nor would it prohibit edible cannabinoid products.

final tally arrives when the city publishes the minutes

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Part of an ongoing matter · 1 related discussion

Potential benefit

This proposal would protect children and non-smoking residents from secondhand smoke and cannabis exposure in shared public spaces and at events such as Penn Fest. It would give the Public Safety Department clear, enforceable authority through a petty misdemeanor penalty.

Concern to consider

The ordinance would not apply to streets or trails connecting parks, creating potential inconsistency. Residents who legally use cannabis may find their options for outdoor use further limited, particularly renters who lack private yards. Staff noted that edible cannabinoid products would also likely need to be addressed in future policy discussions.

What happens next: As a first reading, a second reading would be required before the ordinance could become law. If ultimately approved, the ordinance would take effect 30 days after publication, after which the City Prosecutor would notify the courts. The petty misdemeanor penalty would become active in the court system within approximately 4 additional weeks after that.

Sources: City Council agenda (city portal)

City CouncilItem 9Outcome pending

Amended and Restated Business Subsidy Policy

The City Council was scheduled to consider adopting an updated Business Subsidy Policy to bring Richfield into compliance with state law changes made after the existing 2002 policy was enacted. Key proposed changes included raising the wage floor requirement for subsidy recipients from 110% of the federal minimum wage to 125% of the state minimum wage, and expanding eligible goals to include redevelopment along priority commercial corridors and downtown. The item had been tabled from the September 12 meeting while staff consulted legal counsel on whether wage requirements could extend to independent contractors; counsel confirmed they legally apply only to W-2 employees, but recommended adding language requiring subsidy recipients to comply with all applicable labor laws.

final tally arrives when the city publishes the minutes

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Potential benefit

If approved, the updated policy would align Richfield's business subsidy framework with current state law, potentially reducing legal risk for the City. The higher wage floor (125% of state minimum wage vs. 110% of federal minimum wage) could help ensure that public financial assistance steers more jobs toward living-wage outcomes. The added focus on commercial corridors and downtown redevelopment would tie subsidies to the City's 2023-2026 Strategic Plan priorities.

Concern to consider

The policy as proposed would not extend wage goals to independent contractors, meaning businesses receiving public subsidies could use contract labor arrangements without those workers being covered by the wage requirements. While a labor law compliance clause was added, it does not close the independent contractor gap that some Council members raised.

What happens next: If the Council adopted the resolution on September 26, the Richfield HRA and EDA were scheduled to consider their own resolutions approving the Amended and Restated Business Subsidy Policy at their October 16, 2023 meetings. The policy would then govern how all three bodies award future business subsidies.

Sources: City Council agenda (city portal)

City CouncilItem 10Outcome pending

Appointment of Youth Members to City Advisory Boards/Commissions

The appointment of two youth members to city advisory commissions was scheduled for consideration at this meeting. Maya Ervasti was recommended for the Human Rights Commission and Alexander Valle-Orsonio for the Transportation Commission, each serving one-year terms expiring August 31. The City Manager's office conducts annual recruitment through the city website, Facebook, and local high schools to fill these youth vacancies.

final tally arrives when the city publishes the minutes

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Potential benefit

Youth representation on advisory commissions ensures younger residents have a voice in city governance on issues like human rights and transportation planning. These appointments carry no financial cost to the city.

Concern to consider

No significant concerns were identified; the stated alternative was simply to postpone the appointments to a future meeting, leaving positions vacant in the interim.

What happens next: If approved, Maya Ervasti and Alexander Valle-Orsonio would begin serving as youth commissioners on the Human Rights Commission and Transportation Commission respectively, with terms expiring August 31, 2024.

Sources: City Council agenda (city portal)

City CouncilItem 12Outcome pending

Approval of Claims and Payroll

The council was scheduled to consider routine approval of claims and payroll totaling approximately $3.8 million for the cycle ending September 21, 2023. The payment batch covers accounts payable checks and payroll processed through U.S. Bank. This is a standard administrative action the council takes at each regular meeting to authorize disbursement of city funds.

final tally arrives when the city publishes the minutes

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Key figure: $3,026,644.69Accounts payable checks (323836–324093) dated 09/21/2023

Potential benefit

Timely approval of claims and payroll ensures city employees are paid and vendors are compensated, maintaining uninterrupted delivery of municipal services residents depend on.

Concern to consider

No specific concerns identified; this is a routine administrative item reviewed at every council meeting as part of standard financial oversight.

What happens next: If approved, U.S. Bank would process accounts payable checks 323836–324093 totaling $3,026,644.69 and payroll totaling $773,692.59, for a combined disbursement of $3,800,337.28.

Sources: City Council agenda (city portal)