102516CompleteAgendaREGULAR CITY COUNCIL MEETING
RICHFIELD MUNICIPAL CENTER, COUNCIL CHAMBERS
OCTOBER 25, 2016
7:00 PM
INTRODUCTORY PROCEEDINGS
Call to order
Open forum (15 minutes ma)imum)
Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments
are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address
the Council must have registered prior to the meeting.
Pledge of Allegiance
Approval of the minutes of the (1) Special City Council Meeting of October 11, 2016 and (2) Regular City Council
Meeting of October 11, 2016.
PRESENTATIONS
1. Metropolitan Council Sewer Lining Project Update (Council Memo No. 73)
2. Annual meeting with the Friendship City Commission.
COUNCIL DISCUSSION
3. • Cancel Tuesday, November 22, 2016 Regular City Council Meeting
• Reschedule/cancel Tuesday, December 27, 2016 Regular City Council Meeting
• Hats Off to Hometown Hits
AGENDAAPPROVAL
4. Approval of the agenda.
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. Consideration of the approval of the second reading of an ordinance amending subsection 400.21 of the
Richfield Code of Ordinances relating to adoption of the Minnesota State Fire Code.
Staff Report No. 179
B. Consideration of the approval of a resolution amending the 2016-2017 labor agreement with the
International Association of Firefighters Local 1215.
Staff Report No. 180
C. Consideration of the approval of the Continuing Agreement for 2017 between the Hennepin County Human
Services and Public Health Department and the City of Richfield Police Department for continuing funds for
a Police Cadet and/or Community Service Officer position and Joint Community Police Partnership
(JCPP) training. The funds available for 2017 will be $20,000.
Staff Report No. 181
D. Consideration of the approval of a resolution modifying the Health Care Savings Plan for LELS Local #162
Employees.
Staff Report No. 182
E. Consideration of the approval of the first reading of an ordinance that modifies regulations related to
outdoor animal relief areas.
Staff Report No. 183
F. Consideration of the approval of a resolution authorizing acceptance of a grant received by Richfield
Recreation Services Department from Hennepin Countyfor youth sports equipment in the amount of $7,465
and to authorize the Recreation Services Director to execute the associated grant agreement.
Staff Report No. 184
6. Consideration of items, if any, removed from Consent Calendar
PUBLIC HEARINGS
7. Public hearing regarding resolutions pertaining to the annual Lyndale/HUB/Nicollet (LHN) maintenance
assessment process.
Staff Report No. 185
8. Public hearing regarding resolutions pertaining to the annual 77th Street Maintenance assessment process.
Staff Report No. 186
9. Public hearing regarding a resolution adopting the assessment for removal of diseased trees from private
property for work ordered in 2015.
Staff Report No. 187
RESOLUTIONS
10. Consideration of a resolution awarding the sale of $5,450,000 General Obligation Refunding Bonds, Series
2016B.
Staff Report No. 188
11. Consideration of a resolution supporting the submittal of a grant application to the Metropolitan Council Livable
Communities Tax Base Revitalization Account grant program for contamination clean-up at the Lyndale Gardens
site, 6400 Lyndale Avenue.
Staff Report No. 189
12. Consideration of a resolution requesting an advance payment of 2018-2021 Municipal State Aid (MSA) funds to
cover costs associated with the 66th Street Reconstruction Project.
Staff Report No. 190
CITY MANAGER'S REPORT
13. City Manager's Report
CLAIMS AND PAYROLLS
14. Claims and payrolls
Open forum (15 minutes maximum)
Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments
are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address
the Council must have registered prior to the meeting.
15. 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 612-861-9738.
CALL TO ORDER
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Special City Council Meeting
Advisory Board/Commission
Applicant Interview
October 11, 2016
The meeting was called to order by Mayor Goettel at 6:45 p.m. in the Babcock Room.
ROLL CALL
MEMBERS PRESENT: Debbie Goettel, Mayor; Pat Elliott, Michael Howard; Edwina Garcia,
and Tom Fitzhenry.
INTERVIEW OF APPLICANT
The City Council Interviewed the following person interested in serving as a youth member
on a City advisory commission:
Yamilez Ordonez
ADJOURNMENT
The meeting was adjourned by unanimous consent at 6:50 p.m.
Date Approved: October 25, 2016.
Debbie Goettel
Mayor
Cheryl Krumholz Steven L. Devich
Executive Coordinator City Manager
CALL TO ORDER
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
October 11, 2016
The meeting was called to order by Mayor Goettel at 7:00 p.m. in the Council Chambers.
Council Members Debbie Goettel, Mayor; Michael Howard; Edwina Garcia; Tom Fitzhenry;
Present: and Pat Elliott.
Staff Present: Steven L. Devich, City Manager; John Stark, Community Development
Director; Kristin Asher, Public Works Director; Jim Topitzhofer, Recreation
Services Director; Jay Henthorne, Public Safety Director/Police Chief; Mike
Koob, Deputy Police Chief; Wayne Kewitsch, Fire Services Director; Chris
Regis, Finance Manager; Jack Broz, Transportation Engineer; Mary
Tietjen, City Attorney; and Cheryl Krumholz, Executive Coordinator.
PLEDGE OF ALLEGIANCE
Mayor Goettel led the audience in the Pledge of Allegiance.
OPEN FORUM
None.
APPROVAL OF MINUTES
M/Fitzhenry, S/Elliott to approve the minutes of the (1) Special City Council Worksession of
September 27, 2016 and (2) Regular City Council Meeting of September 27, 2016.
Motion carried 5-0.
Item #1 SWEAR -IN CITY OF RICHFIELD POLICE OFFICERS JOSEPH CARROLL AND
LATOYA WOODS
Deputy Police Chief Koob administered the swearing-in of Police Officer Woods. Police
Officer Carroll was ill and unable to attend.
Item #2 PUBLIC HEALTH ACCREDITATION PRESENTATION BY BLOOMINGTON
PUBLIC HEALTH DIRECTOR, BONNIE PAULSEN
Council Meeting Minutes -2- October 11, 2016
Bloomington Public Health Director Paulsen made the presentation.
Item #3 ANNUAL MEETING WITH THE ARTS COMMISSION
Arts Commission Chair Alexander Dahl reported on the commission's activities and events.
Item #4 COUNCIL DISCUSSION
• Hats Off to Hometown Hits
The City Council discussed the opening of Portland Avenue, including their appreciation of
the patience of the residents along Portland Avenue and the efforts of Public Works staff.
Item #5 COUNCIL APPROVAL OF AGENDA
M/Fitzhenry/S/Howard to approve the agenda.
Motion carried 5-0.
Item #6 CONSENT CALENDAR
A. Consideration of the approval of a resolution granting a one-year extension of a
conditional use permit and variances allowing an auto repair business at 6600
Portland Avenue. S.R. No. 156
RESOLUTION NO. 11261
RESOLUTION GRANTING AN EXTENSION OF A CONDITIONAL USE
PERMIT AND VARIANCES TO ALLOW AN AUTO REPAIR
BUSINESS AT 6600 PORTLAND AVENUE
This resolution appears as Resolution No. 11261.
B. Consideration of the approval of the second reading of the ordinance amendment
zoning land adjacent to 6600 Cedar Avenue as General Business (C-2). SR. No.
157
ORDINANCE NO. 2016-18
AN ORDINANCE RELATING TO ZONING; AMENDING
APPENDIX 1 TO THE RICHFIELD CITY CODE BY ADDING
NEW LAND ADJACENT TO 6600 CEDAR AVENUE AND
DESIGNATING SAID LAND AS GENERAL BUSINESS (C-2)
This constitutes the second reading of Ordinance No. 2016-18, applying the General
Business (C-2) Zoning Designation to land immediately adjacent to 6600 Cedar Avenue, that it be
published in the official newspaper and that it be made of these minutes.
Council Meeting Minutes -3- October 11, 2016
C. Consideration of the approval of a resolution restricting parking on Nicollet Avenue
from 76th Street to 1-494. S.R. No. 158
RESOLUTION NO. 11262
RESOLUTION RELATING TO TRAFFIC CONTROL SIGNS
"NO PARKING" ON NICOLLET AVENUE
This resolution appears as Resolution No. 11262.
D. Consideration of the approval of a resolution authorizing the lawful gambling
premises permit for the American Legion Auxiliary Unit of Minneapolis -Richfield Post
#435 to conduct lawful gambling at the Minneapolis -Richfield American Legion Post
#435, 6501 Portland Avenue South. S.R. No. 159
RESOLUTION NO. 11263
A RESOLUTION APPROVING THE LAWFUL GAMBLING PREMISES
PERMIT APPLICATION FOR THE AMERICAN LEGION AUXILIARY
UNIT OF MINNEAPOLIS -RICHFIELD POST 435 TO CONDUCT
LAWFUL GAMBLING AT THE MINNEAPOLIS -RICHFIELD AMERICAN
LEGION POST 4435 AT 6501 PORTLAND AVENUE SOUTH
This resolution appears as Resolution No. 11263.
E. Consideration of the approval of a resolution reauthorizing membership in the 4M
Fund and entering into a Declaration of Trust with the 4M Fund. S.R. No. 160
RESOLUTION NO. 11264
RESOLUTION REAUTHORIZING MEMBERSHIP IN THE 4M FUND
This resolution appears as Resolution No. 11264.
F. Consideration of the approval of an annual request for a Temporary On Sale
Intoxicating Liquor license for the Church of St. Richard, located at 7540 Penn
Avenue South, for their Fall Festival 2016 taking place November 12-13, 2016. S.R.
No.. 161
G. Consideration of the approval of an annual request for a Temporary On Sale
Intoxicating Liquor license for St. Nicholas Episcopal Church, located at 7227 Penn
Avenue South, for their Juke Box Saturday Night event taking place November 5,
2016. S.R. No. 162
H. Consideration of the approval of a request for a new Therapeutic Massage
Enterprise license for First Step, LLC, located at 7600 Lyndale Avenue #400. S.R.
No. 163
I. Consideration of the approval of a resolution authorizing acceptance of Office of
Traffic Safety (OTS) funds for a four-year grant to fully fund an officer and fully
equipped squad car dedicated for DWI enforcement in Richfield. S.R. No. 164
RESOLUTION NO. 11265
RESOLUTION AUTHORIZING THE DEPARTMENT OF PUBLIC
SAFETY/POLICE TO ACCEPT GRANT MONIES FROM THE
OFFICE OF TRAFFIC SAFETY IN THE AMOUNT OF $125,182 OR A
LESSER AMOUNT, AS AWARDED BY THE DEPARTMENT OF
Council Meeting Minutes -4- October 11, 2016
PUBLIC SAFETY, TO FUND A POLICE OFFICER AND FULLY
EQUIPPED SQUAD DEDICATED TO DWI ENFORCEMENT
FOR FOUR YEARS
This resolution appears as Resolution No. 11265.
J. Consideration of the approval of the second reading of an ordinance repealing and
replacing City Code Section 550 pertaining to Floodplain Management Regulations
and resolution authorizing summary publication. S.R. No. 165
BILL NO. 2016-17
AN ORDINANCE REPEALING SECTION 550 OF RICHFIELD
CITY CODE PERTAINING TO FLOODPLAIN MANAGEMENT
REGULATIONS AND REPLACING IT WITH A NEW SECTION 550
This constitutes the second reading of Ordinance No. 2016-17, repealing and replacing
Richfield City Code Section 550 pertaining to Floodplain Management Regulations, that it be
published in the official newspaper and that it be made of these minutes.
RESOLUTION NO. 11266
RESOLUTION APPROVING SUMMARY PUBLICATION OF
AN ORDINANCE REPEALING SECTION 550 OF RICHFIELD
CITY CODE PERTAINING TO FLOODPLAIN MANAGEMENT
REGULATIONS AND REPLACING IT WITH A NEW SECTION 550
This resolution appears as Resolution No. 11266.
K. Consideration of the approval of the first reading of an ordinance amending
subsection 400.21 of the Richfield Code of Ordinances relating to adoption of the
Minnesota State Fire Code and scheduling second reading for October 25, 2016.
S.R. No. 166
L. Consideration of the approval of two resolutions appointing election judges for the
November 8, 2016 General Election. S.R. No. 167
RESOLUTION NO. 11267
RESOLUTION APPOINTING HIGH SCHOOL STUDENT
ELECTION JUDGES FOR THE GENERAL ELECTION OF
NOVEMBER 8, 2016
RESOLUTION NO. 11268
RESOLUTION APPOINTING ELECTION JUDGES FOR THE
GENERAL ELECTION OF NOVEMBER 8, 2016
These resolutions appear as Resolution Nos. 11267 and 11268.
M. Consideration of the approval of the continuation of the agreement with the City of
Bloomington for the provision of food inspection services for Richfield for the year
2017. S.R. No. 168
N. Consideration of the approval of the 2016-2017 contract with the City of
Bloomington, using public health emergency preparedness grant funds distributed
by a federal grant from the Centers for Disease Control, to provide services in the
Council Meeting Minutes -5- October 11, 2016
area of public health emergency preparedness/Bioterrorism and the development of
a response system. S.R. No. 169
O. Consideration of the approval of an Agreement with the Minnesota Department of
Transportation to maintain the gateway monuments and landscaping installed as
part of the Crosstown Reconstruction Project. S.R. No. 170
RESOLUTION NO. 11269
RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO
ENTER INTO AGREEMENT NO. 06236 WITH THE MINNESOTA
DEPARTMENT OF TRANSPORTATION FOR MAINTENANCE OF
LANDSCAPE AND HARDSCAPE IMPROVEMENTS LOCATED
WITHIN THE CORPORATE LIMITS OF THE CITY OF RICHFIELD
This resolution appears as Resolution No. 11269.
P. Consideration of the approval of ordering a feasibility report for the 2017 Alley
Paving Project. S.R. No. 171
M/Goettel, S/Garcia to approve the Consent Calendar.
Motion carried 5-0.
Item #7 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT
CALENDAR
None.
Item #8 PUBLIC HEARING REGARDING THE RESOLUTION ADOPTING THE SPECIAL
ASSESSMENT ROLL FOR WEED ELIMINATION FROM PRIVATE PROPERTY
AND REMOVAL OR ELIMINATION OF PUBLIC HEALTH OR SAFETY
HAZARDS FROM PRIVATE PROPERTY S.R. NO. 172
Mayor Goettel presented Staff Report No. 172.
City Manager Devich stated the decrease in the assessment roll indicates homeowners
have improved on property maintenance.
M/Goettel/S/Elliott to close the public hearing.
Motion carried 5-0.
M/Goettel, S/Elliott that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 11270
RESOLUTION ADOPTING ASSESSMENT FOR
WEED ELIMINATION FROM PRIVATE PROPERTY AND REMOVAL OR
ELIMINATION OF PUBLIC HEALTH OR SAFETY HAZARDS
FROM PRIVATE PROPERTY
Motion carried 5-0. This resolution appears as Resolution No. 11270.
Council Meeting Minutes -6- October 11, 2016
Item #9 PUBLIC HEARING REGARDING THE RESOLUTION ADOPTING THE SPECIAL
ASSESSMENT ROLL FOR UNPAID FALSE ALARM USER FEES AGAINST
PRIVATE PROPERTY S.R. NO. 173
Council Member Howard presented Staff Report No. 173.
M/Howard, S/Goettel to close the public hearing.
Motion carried 5-0.
M/Howard, S/Fitzhenry that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 11271
RESOLUTION ADOPTING ASSESSMENT FOR
UNPAID FALSE ALARM FEES FROM PRIVATE PROPERTY.
Motion carried 5-0. This resolution appears as Resolution No. 11271.
Item #10 CONSIDERATION OF THE TRANSPORTATION COMMISSION'S
RECOMMENDATION FOR A 69TH STREET PEDESTRIAN PILOT PROJECT
BETWEEN XERXES AVENUE AND PENN AVENUE S.R. NO. 174
Council Member Elliott presented Staff Report No. 174.
M/Elliott, S/Howard to approve the
street Pedestrian Pilot Protect to convert the on -
Xerxes Avenue to Penn Avenue to be re-evaluated in 2017.
Kevin Watts, 69th Street/Russell Avenue, stated he was an avid cyclist but did not support
the proposed pilot project because it has dangerous flaws and should not done as an experiment.
Jill (last name and address not provided) stated the danger of mowing the lawn because of
needing to step into the traffic lane.
Kay Nelson, 691h Street/Sheridan Avenue, expressed concern regarding safety and the
increased traffic speed.
David Gepner, 691h Street/Penn Avenue, spoke in support of the Transportation
Commission's recommendation.
Transportation Engineer Broz made a presentation on the pilot project, including design
alternatives. He added State law provides local jurisdictions the authority to reduce speeds.
Motion carried 5-0.
Item #11 CONSIDERATION OF THE AWARD OF A CONTRACT FOR THE MUNICIPAL
LIQUOR STORE PARKING LOT AND APPURTENANT IMPROVEMENTS AT
6600 CEDAR AVENUE S.R. NO. 175
Council Meeting Minutes -7- October 11, 2016
Council Member Fitzhenry presented Staff Report No. 175.
M/Fitzhenry, S/Garcia to award a contract for the municipal liquor store parking lot and
appurtenant improvements at 6600 Cedar Avenue.
City Manager Devich explained that at today's bid opening for the Cedar Liquor Store
parking lot upgrades, only one bid was received and it was significantly more than the Engineer's
estimate of $345,000. Staff is recommending that the City Council reject the bid and re -bid next
year.
Council Member Fitzhenry rescinded the motion.
M/Goettel, S/Fitzhenry to resect the bid for the municipal liquor store parking lot and
appurtenant improvements at 6600 Cedar Avenue.
Motion carried 5-0.
Item #12 PRESENTATION OF RESULTS OF A SOUND TEST CONDUCTED AT
VETERANS MEMORIAL PARK ON SEPTEMBER 19, 2016 IN CONSIDERATION
OF A COMMUNITY BAND SHELL S.R. NO. 176
events.
Mayor Goettel presented Staff Report No. 176.
Ryan Skoug, ESI Engineering, Inc., presented a summary of the sound test.
Recreation Services Director Topitzhofer explained the process for monitoring sound during
This was a presentation so no action was required.
Item #13 CONSIDERATION OF AN AGREEMENT WITH EDS BUILDERS, INC. TO
PERFORM CONSTRUCTION MANAGEMENT SERVICES FOR A COMMUNITY
BAND SHELL S.R. NO. 177
Council Member Garcia presented Staff Report No. 177.
M/Garcia, S/Goettel to approve the agreement with EDS Builders, Inc. to perform
construction manaaement services for a communitv band shell in an amount not to exceed
$30,000.
Recreation Services Director Topitzhofer explained the funding sources, uses and timeline
for the project.
Council Member Elliott questioned the funding provided by the Friends of the Band Shell,
including having a written, fiscal agreement in place with the City before the City Council considers
the bids and contract. He also questioned who would be responsible for payment of project
change orders. He said he is committed to providing no additional funding by the City.
David Butler, Friends of the Band Shell, stated the group will work with the City Attorney
and City Manager on a fiscal agreement.
Recreation Services Director Topitzhofer explained the process for change orders,
including a contingency.
Council Meeting Minutes -8- October 11, 2016
Council Member Howard stated that if the funding is there, the band shell will be built. If it's
not, it won't be built.
Sue Sandahl, Friends of the Band Shell, explained the group is continuing to raise funds for
the contingency and future amenities. She added that people want to know if it's going to be built.
City Attorney Tietjen stated the fiscal agreement will in the City's hands before the project
proceeds.
Council Member Fitzhenry stated, as a member of the Airport Noise Oversight Committee
and that the band shell was a non -compatible use, he would not support the agreement.
Motion carried 3-2. (Elliott and Fitzhenry oppose)
Item #14 CONSIDERATION OF THE APPOINTMENT OF A YOUTH ADVISORY
COMMISSION MEMBER S.R. NO. 178
Council Member Howard presented Staff Report No. 178.
M/Howard, S/Fitzhenry to appoint Yamilez Ordonez as a youth member to the Human
Rights Commission with a term ending August 31, 2017.
Motion carried 5-0.
Item #15 CITY MANAGER'S REPORT
None.
Item #16 CLAIMS AND PAYROLLS
M/Fitzhenry, S/Garcia that the following claims and payrolls be approved:
U.S. Bank 10/11/16
A/P Checks: 253588-253968 2,757,638.06
Payroll: 122576-122890 572,890.12
TOTAL $ 3,330,528.18
Motion carried 5-0.
OPEN FORUM
None.
Item #17 ADJOURNMENT
The City Council Meeting was adjourned by unanimous consent at 8:45 p.m.
Date Approved: October 25, 2016
Council Meeting Minutes -9- October 11, 2016
Debbie Goettel
Mayor
Cheryl Krumholz Steven L. Devich
Executive Coordinator City Manager
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
October 20, 2016
Council Memorandum No. 73
The Honorable Mayor
and
Members of the City Council
Subject: Metropolitan Council Sewer Lining Project Update Presentation
(Agenda Item No. 1)
Council Members:
As you know, the Metropolitan Council Environmental Services (MCES) 66th Street
Interceptor Rehabilitation Project is scheduled to remobilize on November 1, 2016 to
complete the final stage of their work. Mike Olerich from the MCES will be at the
October 25, 2016 City Council meeting to inform the public and Council on the overall
project schedule, construction activities, and traffic impacts including:
• Traffic detour routes and duration
o No thru traffic (NB/SB) on Nicollet at 66th Street (overnight only)
o 66th Street EB closure at 2nd Avenue (WB open — extended closure)
o 66th Street WB closure at 2nd Avenue (EB open — extended closure)
o 66th at west entrance to HUB (EB open — extended closure)
• Metro Transit detour routes and duration
o Nicol let service (18) reroutes onto 67th and 65th Streets
o 66th Service (515) reroutes onto 67th and 65th Streets
• Extended impacts near the HUB
Last week, MCES sent these flyers to the impacted residents and businesses and an
open house was held at the Public Works building on Wednesday, October 19:
• Residential Mailer
• Business Mailer
Contact Kristin Asher, Public Works Director, at 612-861-9795 with questions.
pe ully sub tted,
S enL.D
City Manager
SLD:KDA
Email: Assistant City Manager
Department Directors
AGENDA SEC -10N: CONSENT CALENDAR
AGENDA ITEM # 5.A.
STAFF REPORT NO. 179
CITY COUNCIL MEETING
10/25/2016
REPORT PREPARED BY: Wayne Kewitsch, Fire Services Director/Fire Chief
DEPARTMENT DIRECTOR REVIEW: Wayne Kewitsch, Fire Services Director/Fire Chief
10/13/2016
OTHER DEPARTMENT REVIEW: N/A
CITY MANAGER REVIEW: STEVEN L. DEVICH
10/19/2016
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the approval of the second reading of an ordinance amending subsection 400.21 of
the Richfield Code of Ordinances relating to adoption of the Minnesota State Fire Code.
EXECUTIVE SUMMARY:
In May, 2016, the State of Minnesota adopted the 2015 Minnesota State Fire Code. The City automatically
adopts, by existing ordinance, the most current version of the Minnesota State Fire Code. However there are
specific additional appendices of the Fire Code which a city may adopt through ordinance. City staff now
recommends that the City adopt two additional appendices which regulate open fires and barbecues on
balconies and patios in multiple unit dwellings and a section that provides for adequate public safety radio
coverage in buildings.
Minnesota State Fire Code Appendix K regulates fires and barbecues on balconies and patios in multiple unit
dwellings. With the prior version of the fire code, the City adopted Chapter 308.1.4 of the International Fire
Code which also regulated fires and barbecues on balconies and patios. Staff now recommends that the City
align this section of the ordinance with the Minnesota State Fire Code.
Efficient and reliable communication is a critical operational and life -safety factor in public safety operations.
The current digital radio systems being used by fire and police do not have the same penetrating power as
the non -digital systems previously used. The 2015 version of the Fire Code recognizes this and allows
localities to adopt Appendix L, Emergency Responder Radio Coverage. This section insures that buildings will
have adequate radio coverage for emergency responders.
First reading of the proposed ordinance was held on Tuesday, October 11, 2016.
RECOMMENDED ACTION:
By Motion: Approve the second reading of an ordinance amending subsection 400.21 of the Richfield
Code of Ordinances relating to the adoption of the Minnesota State Fire Code.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
The State of Minnesota has had a statewide fire code in effect since 1975. Every few years the fire
code is revised to take into account new building techniques and materials, new fire protection
technologies and to address evolving life -safety issues. The previous version of the Fire Code was
adopted in 2007 and the current version was adopted in 2016.
This ordinance will bring the Richfield Code of Ordinances in line with the current version of the
Minnesota Fire Code and address an operational and potential life -safety communication issue for
firefighters and police officers.
B. POLICIES (resolutions, ordinances, regulations, statutes, etcy
• The 2015 Minnesota State Fire Code requires localities to adopt optional chapters of the code
through ordinance.
• The current version of Richfield City Ordinance 400.21 includes a reference to the International
Fire Code that is not current. The current version of the Minnesota State Fire Code adequately
addresses this situation.
C. CRITICAL TIMING ISSUES:
There are no critical timing issues.
D. FINANCIAL IMPACT:
There is no financial impact.
E. LEGAL CONSIDERATION:
The City Attorney has drafted the proposed ordinance change.
ALTERNATIVE RECOMMENDATION(Sl:
There are no alternative recommendations.
PRINCIPAL PARTIES EXPECTED AT MEETING:
None.
ATTACHMENTS:
Description Type
D Ordinance
BILL NO.
AN ORDINANCE AMENDING SUBSECTION 400.21 OF THE
RICHFIELD CODE OF ORDINANCES RELATING TO ADOPTION
OF THE MINNESOTA STATE FIRE CODE
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Subsection 400.21 of the Richfield City Code is amended as follows:
400.21. — Fire prevention code: adoption of fire prevention code.
The Minnesota State Fire Code, as adopted by the State commissioner of public safety, is
hereby adopted by reference as though fully set out in this Subsection, with the following
amendments:
(a) (Repealed, Bill No. 2007-15)
(c) (Repealed, Bill No. 2007-15)
(d) Appendices�s, B, C, and D, K and L of the International Fire Code are
adopted by reference as though fully set out in this Subsection.
Subsections 400.21 to 400.37 are the fire prevention code of the City.
This ordinance shall be effective in accordance with Section 3$6 3.09 of the Richfield City
Charter.
Sec. 2. This Ordinance will be effective in accordance with Section 3.09 of the City
Charter.
Adopted this of October, 2016.
Debbie Goettel, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
485004v1 MDT RC 160-8
REPORT PREPARED BY:
AGENDA SEC -10N: CONSENT CALENDAR
AGENDA ITEM # 5.13.
STAFF REPORT NO. 180
CITY COUNCIL MEETING
10/25/2016
Jesse Swenson, Asst. HR Manager
DEPARTMENT DIRECTOR REVIEW: Steven Devich
10/19/2016
OTHER DEPARTMENT REVIEW: None
CITY MANAGER REVIEW: STEVEN L. DEVICH
10/19/2016
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the approval of a resolution amending the 2016-2017 labor agreement with the
International Association of Firefighters Local 1215.
EXECUTIVE SUMMARY:
City staff has successfully completed labor negotiations with the International Association of Firefighters Local
1215 which currently has a 2 -year agreement (2016-2017). Under the terms and conditions of the contract,
insurance was to be reopened for 2017.
Subject to Council approval, the tentatively approved settlement with the Union provides health insurance
benefits identical to those being provided to non -represented City employees, resulting in no change to
the Employer contributions to monthly medical coverage. Specifically, the provisions provide a ma)amum of
full coverage for Employee only coverage, $1,135 per month for Employee plus spouse or Employee plus
child(ren) coverage, and $1,215 per month for Employee plus family coverage.
Additionally, the proposal increases the Employer contribution towards dental insurance to a ma)amum of
$59.25 per month for Employee single dental coverage.
RECOMMENDED ACTION:
By motion: Approve the resolution designating the City's contribution toward health and dental
insurance premiums, effective January 1, 2017, for the International Association of Firefighters Local
1215.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
The International Association of Firefighters Local 1215 bargaining unit has a two-year contract with the
City for contract years 2016-2017. There is an insurance re -opener for 2017.
The Employer insurance contributions negotiated with the Union are identical to those being provided to
the City's non -represented employees for 2017.
B. POLICIES (resolutions, ordinances, regulations, statutes. etch
The City has met and negotiated in good faith with the union and its representative and is bound
under the terms of the Public Employer's Labor Relations Act to meet and bargain over the terms
and conditions of employment.
The proposed settlement for the re -opener provision is identical in health and dental insurance
provisions provided to non-union City employees. The City has a long history of providing the
same level of health and dental insurance benefits to all eligible City employees.
The health insurance contribution is well within the range for other comparable bargaining groups
in similar metro cities. The City has a long history of trying to remain as close to the middle as
possible of the Stanton 5 cities in terms of wages and benefits.
C. CRITICAL TIMING ISSUES:
• In order to allow the City's accounting personnel the ability to modify payroll records in a timely
manner for 2017 benefits, it is recommended that the City Council act on October 25, 2016 to
adopt the attached resolution providing for contract changes. The health and dental insurance
benefits are effective January 1, 2017.
D. FINANCIAL IMPACT:
• Up to a ma)amum $0.25 per month increase in the City's contribution towards single dental
insurance coverage.
• The City's contribution towards health insurance premiums for 2017 remain unchanged from the
previous year.
E. LEGAL CONSIDERATION:
• If the terms of this agreement are not approved, further negotiation and/or mediation will be
necessary.
ALTERNATIVE RECOMMENDATION(B)LI
• Do not approve the terms of this agreement and prepare for further negotiation and/or mediation.
• Defer discussion to another date.
PRINCIPAL PARTIES EXPECTED AT MEETING:
None
ATTACHMENTS:
Description Type
D Resolution Resolution Letter
RESOLUTION NO.
RESOLUTION DESIGNATING CITY'S CONTRIBUTION TOWARDS HEALTH AND
DENTAL INSURANCE PREMIUMS FOR EMPLOYEES COVERED BY THE
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF), LOCAL 1215
BARGAINING UNIT FOR THE YEAR 2017
WHEREAS, the City Manager and the Richfield Firefighters IAFF Local 1215 have
reached an understanding concerning conditions of employment for year 2016 and 2017;
and
WHEREAS, the labor agreement covers all terms and conditions of employment
including the City contribution for insurance benefits; and
WHEREAS, it would be inappropriate to penalize IAFF Local 1215 members who
have negotiated in good faith; and
WHEREAS, the City has historically provided the same level of health insurance
contribution to all eligible City employees, both union and non-union; and
WHEREAS, the City Ordinance requires that contracts between the City and the
exclusive representative of the employees in an appropriate bargaining unit shall be
completed by Council resolution.
WHEREAS, the City Council is required to determine, by resolution, the City's
contribution toward the premium for employee group insurance coverage.
NOW, THEREFORE, BE IT RESOLVED that the City shall contribute the maximum of
full coverage for employee only health insurance coverage, $1,135 per month for employee
plus spouse or employee plus child(ren) health insurance coverage, and $1,215 per month
for family health insurance. Such contributions shall be for coverage effective January 1,
2017; and
BE IT FURTHER RESOLVED that the City shall contribute a maximum of $59.25 per
month for employee single dental insurance. Such contribution shall be for coverage
effective January 1, 2017.
Adopted by the City Council of the City of Richfield, Minnesota this 25th day of
October 2016.
Debbie Goettel Mayor
ATTEST:
Elizabeth VanHoose City Clerk
AGENDA SEC -10N: CONSENT CALENDAR
AGENDA ITEM # 5.C.
STAFF REPORT NO. 181
CITY COUNCIL MEETING
10/25/2016
REPORT PREPARED BY: Jay Henthorne, Public Safety Director
DEPARTMENT DIRECTOR REVIEW: Jay Henthorne, Public Safety Director
10/17/2016
OTHER DEPARTMENT REVIEW: N/A
CITY MANAGER REVIEW: STEVEN L. DEVICH
10/19/2016
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the approval of the Continuing Agreement for 2017 between the Hennepin County
Human Services and Public Health Department and the City of Richfield Police Department for
continuing funds for a Police Cadet and/or Community Service Officer position and Joint Community
Police Partnership (JCPP) training. The funds available for 2017 will be $20,000.
EXECUTIVE SUMMARY:
Hennepin County has presented an agreement on behalf of the Hennepin County Human Services and Public
Health Department to furnish a Police Cadet and/or Community Service Officer (CSO) position for the City of
Richfield and its Police Department along with multicultural training for department personnel. The agreement
is a continuation of the 2016 agreement and is for the period beginning January 1, 2017, and ending
December 31, 2017. The funding from Hennepin County will not exceed $20,000 for 2017.
RECOMMENDED ACTION:
By Motion: Approve the 2017 Agreement between the Hennepin County Human Services and Public
Health Department and the City of Richfield Police Department for continuing funds for a Police Cadet
and/or Community Service Officer position and JCPP training. The funds available for 2017 will be
$20,000.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
The Richfield Police Department has, in the past, hired a Police Cadet with the funding supplied by
Hennepin County. The Department plans on hiring a Cadet and/or CSO this year, and will utilize the
$15,000 funds budgeted in the contract for the salary expenses. The remaining $5,000 will be used to
support the Joint Community Police Partnership program's meetings and trainings (Teen Academy,
PMAC, Explorers) for the community.
B. POLICIES (resolutions, ordinances, regulations, statutes, etch
• Hennepin County notified the City that they wished to renew the contract with the City of Richfield.
• The Public Safety/Police Department wishes to renew the contract with Hennepin County for the
Joint Community Police Partnership program.
C. CRITICAL TIMING ISSUES:
The agreement must be signed for the Joint Community Police Partnership program to continue and for
funding to be received.
D. FINANCIAL IMPACT:
• The total cost of this agreement shall not exceed twenty thousand dollars ($20,000) to be paid by
Hennepin County in accordance with the terms of the agreement.
• $5,000 is to be used for JCPP programs.
• $15,000 is to be used as salary expense for a Cadet and/or Community Service Officer.
E. LEGAL CONSIDERATION:
There are no legal considerations.
ALTERNATIVE RECOMMENDATION(B)LI
The Council could choose to not sign the contract which would make the agreement null and void with the
County and the department would have to discontinue the JCPP program.
PRINCIPAL PARTIES EXPECTED AT MEETING:
None
ATTACHMENTS:
Description Type
D 2017 JCPP Contract Contract/Agreement
Contract #A166209
PERSONAL/PROFESSIONAL SERVICE AGREEMENT
This Agreement is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, A-2300 Government
Center, Minneapolis, Minnesota 55487 ("COUNTY"), on behalf of the Hennepin County Human Services
and Public Health Department, A-2300 Government Center, Minneapolis, Minnesota 55487, and City of
Richfield, 6700 Portland Avenue South, Richfield, Minnesota 55423 ("CONTRACTOR").
The parties agree as follows:
TERM AND COST OF THE AGREEMENT
CONTRACTOR shall furnish services to COUNTY commencing January 1, 2017 and expiring
December 31, 2017, unless cancelled or terminated earlier in accordance with the Default and
Cancellation/Termination provisions of this Agreement.
The total cost of this Agreement, including all reimbursable expenses, shall not exceed Twenty
Thousand Dollars ($20,000.00), as more fully described in Exhibit B, attached and incorporated
by this reference.
2. SERVICES TO BE PROVIDED
CONTRACTOR shall provide implementation of the Joint Community Police Partnership (JCPP)
Project, as more fully described in Exhibit A, attached and incorporated by this reference.
3. PAYMENT FOR SERVICES
Payment for services shall be made directly to CONTRACTOR after completion of the services
and upon the presentation of a claim as provided by law governing COUNTY's payment of claims
and/or invoices. CONTRACTOR shall submit invoices for services rendered on forms which may
be furnished by COUNTY. Payment shall be made within thirty-five (35) days from receipt of the
invoice.
CONTRACTOR shall not provide services under this Agreement without receiving a purchase
order or purchase order number supplied by COUNTY. All invoices shall display a Hennepin
County purchase order number and be sent to the central invoice receiving address supplied by
COUNTY.
4. PROFESSIONAL CREDENTIALS
INTENTIONALLY OMITTED
5. INDEPENDENT CONTRACTOR
CONTRACTOR shall select the means, method, and manner of performing the services. Nothing
is intended nor should be construed as creating or establishing the relationship of a partnership or
a joint venture between the parties or as constituting CONTRACTOR as the agent,
representative, or employee of COUNTY for any purpose. CONTRACTOR is and shall remain an
independent contractor for all services performed under this Agreement. CONTRACTOR shall
secure at its own expense all personnel required in performing services under this Agreement.
CONTRACTOR's personnel and/or subcontractors engaged to perform any work or services
required by this Agreement will have no contractual relationship with COUNTY and will not be
considered employees of COUNTY. COUNTY shall not be responsible for any claims that arise
out of employment or alleged employment under the Minnesota Unemployment Insurance Law or
Minnesota Statutes, chapter 176 (which may be referred to as the "Workers' Compensation Act"),
on behalf of any personnel, including, without limitation, claims of discrimination against
CONTRACTOR, its officers, agents, contractors, or employees. Such personnel or other persons
Form 101 (Revised 8/2016)
Contract #A166209
shall neither accrue nor be entitled to any compensation, rights, or benefits of any kind from
COUNTY, including, without limitation, tenure rights, medical and hospital care, sick and vacation
leave, workers' compensation, unemployment compensation, disability, severance pay, and
retirement benefits.
6. NON-DISCRIMINATION
A. In accordance with COUNTY's policies against discrimination, CONTRACTOR shall not
exclude any person from full employment rights nor prohibit participation in or the benefits
of any program, service or activity on the grounds of any protected status or class
including but not limited to race, color, creed, religion, age, sex, disability, marital status,
sexual orientation, public assistance status, or national origin. No person who is
protected by applicable federal or state laws against discrimination shall be subjected to
discrimination.
B. CONTRACTOR shall abide by COUNTY's HIV/AIDS Policy which provides that no
employee, applicant, or client shall be subjected to testing, removed from normal and
customary status, or deprived of any rights, privileges, or freedoms because of his or her
HIV/AIDS status except for clearly stated specific and compelling medical and/or public
health reasons. CONTRACTOR shall establish the necessary policies concerning
HIV/AIDS to assure that COUNTY clients in contracted programs and CONTRACTOR's
employees in COUNTY -contracted programs are afforded the same treatment with
regard to HIV/AIDS as persons directly employed or served by COUNTY.
7. AFFIRMATIVE ACTION
INTENTIONALLY OMITTED
8. INDEMNIFICATION
Each party shall be liable for its own acts and the results thereof to the extent provided by law, and
shall defend, indemnify, and hold harmless each other (including their present and former officials,
officers, agents, employees, volunteers, and subcontractors), from any liability, claims, causes of
action, judgments, damages, losses, costs, or expenses, including reasonable attorney's fees,
resulting directly or indirectly from any act or omission of the party, anyone directly or indirectly
employed by it, and/or anyone for whose acts and/or omissions it may be liable, in the performance
or failure to perform its obligations under this Agreement. Except for State agencies, each party's
liability shall be governed by the provisions of Minnesota Statutes, chapter 466 and other applicable
law. The liability of State agencies shall be governed by the provisions of Minnesota Statutes,
section 3.736 and other applicable law.
9. INSURANCE
CONTRACTOR warrants that it has a purchased insurance or self-insurance program.
10. DUTY TO NOTIFY
CONTRACTOR shall promptly notify COUNTY of any claim, action, cause of action or litigation
brought against CONTRACTOR, its employees, officers, agents or
subcontractors, which arises out of the services described in this Agreement.
CONTRACTOR shall also notify COUNTY whenever CONTRACTOR has a reasonable basis for
believing that CONTRACTOR and/or its employees, officers, agents or subcontractors, and/or
COUNTY, might become the subject of a claim, action, cause of action, administrative action,
criminal arrest, criminal charge or litigation arising out of and/or related to the services described
in this Agreement.
Form 101 (Revised 8/2016) 2
Contract #A166209
11. DATA
CONTRACTOR, its officers, agents, owners, partners, employees, volunteers and subcontractors
shall, to the extent applicable, abide by the provisions of the Minnesota Government Data
Practices Act, Minnesota Statutes, chapter 13 (MGDPA) and all other applicable state and federal
laws, rules, regulations and orders relating to data privacy or confidentiality, which may include
the Health Insurance Portability and Accountability Act of 1996 (HIPAA). For clarification and not
limitation, COUNTY hereby notifies CONTRACTOR that the requirements of Minnesota Statutes
section 13.05, subd. 11, apply to this Agreement. CONTRACTOR shall promptly notify COUNTY
if CONTRACTOR becomes aware of any potential claims, or facts giving rise to such claims,
under the MGDPA or other data or privacy laws.
Classification of data as trade secret data will be determined pursuant to applicable law and,
accordingly, merely labeling data as "trade secret" does not necessarily make the data protected
as such under any applicable law.
12. RECORDS — AVAILABILITY/ACCESS
Subject to the requirements of Minnesota Statutes section 16C.05, subd. 5, COUNTY, the State
Auditor, or any of their authorized representatives, at any time during normal business hours, and
as often as they may reasonably deem necessary, shall have access to and the right to examine,
audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to
the accounting practices and procedures of CONTRACTOR and involve transactions relating to
this Agreement. CONTRACTOR shall maintain these materials and allow access during the
period of this Agreement and for six (6) years after its expiration, cancellation or termination.
13. SUCCESSORS, SUBCONTRACTING AND ASSIGNMENTS
A. CONTRACTOR binds itself, its partners, successors, assigns and legal representatives
to COUNTY for all covenants, agreements and obligations herein.
B. CONTRACTOR shall not assign, transfer or pledge this Agreement and/or the services to
be performed, whether in whole or in part, nor assign any monies due or to become due
to it without the prior written consent of COUNTY. A consent to assign shall be subject to
such conditions and provisions as COUNTY may deem necessary, accomplished by
execution of a form prepared by COUNTY and signed by CONTRACTOR, the assignee
and COUNTY. Permission to assign, however, shall under no circumstances relieve
CONTRACTOR of its liabilities and obligations under the Agreement.
C. CONTRACTOR shall not subcontract this Agreement and/or the services to be
performed, whether in whole or in part, without the prior written consent of COUNTY.
Permission to subcontract, however, shall under no circumstances relieve
CONTRACTOR of its liabilities and obligations under the Agreement. Further,
CONTRACTOR shall be fully responsible for the acts, omissions, and failure of its
subcontractors in the performance of the specified contractual services, and of person(s)
directly or indirectly employed by subcontractors. Contracts between CONTRACTOR
and each subcontractor shall require that the subcontractor's services be performed in
accordance with this Agreement. CONTRACTOR shall make contracts between
CONTRACTOR and subcontractors available upon request. For clarification and not
limitation of Section 15E, none of the following constitutes assent by COUNTY to a
contract between CONTRACTOR and a subcontractor, or a waiver or release by
COUNTY of CONTRACTOR's full compliance with the requirements of this Section: (1)
COUNTY's request or lack of request for contracts between CONTRACTOR and
Form 101 (Revised 8/2016)
Contract #A166209
subcontractors; (2) COUNTY's review, extent of review or lack of review of any such
contracts; or (3) COUNTY's statements or actions or omissions regarding such contracts.
D. As required by Minnesota Statutes section 471.425, subd. 4a, CONTRACTOR shall pay
any subcontractor within ten (10) days of CONTRACTOR's receipt of payment from
COUNTY for undisputed services provided by the subcontractor, and CONTRACTOR
shall comply with all other provisions of that statute.
14. MERGER, MODIFICATION AND SEVERABILITY
A. The entire Agreement between the parties is contained herein and supersedes all oral
agreements and negotiations between the parties relating to the subject matter. All items
that are referenced or that are attached are incorporated and made a part of this
Agreement. If there is any conflict between the terms of this Agreement and referenced
or attached items, the terms of this Agreement shall prevail.
B. Any alterations, variations or modifications of the provisions of this Agreement shall only
be valid when they have been reduced to writing as an amendment to this Agreement
signed by the parties. Except as expressly provided, the substantive legal terms
contained in this Agreement including but not limited to Indemnification, Insurance,
Merger, Modification and Severability, Default and Cancellation/Termination or Minnesota
Law Governs may not be altered, varied, modified or waived by any change order,
implementation plan, scope of work, development specification or other development
process or document.
C. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining
provisions will not be affected.
15. DEFAULT AND CANCELLATION/TERMINATION
A. If CONTRACTOR fails to perform any of the provisions of this Agreement, fails to
administer the work so as to endanger the performance of the Agreement or otherwise
breaches or fails to comply with any of the terms of this Agreement, it shall be in default.
Unless CONTRACTOR's default is excused in writing by COUNTY, COUNTY may upon
written notice immediately cancel or terminate this Agreement in its entirety. Additionally,
failure to comply with the terms of this Agreement shall be just cause for COUNTY to
delay payment until CONTRACTOR's compliance. In the event of a decision to withhold
payment, COUNTY shall furnish prior written notice to CONTRACTOR.
B. For purposes of this subsection, "Data" means any data or information, and any copies
thereof, created by CONTRACTOR or acquired by CONTACTOR from or through
COUNTY pursuant to this Agreement, including but not limited to handwriting,
typewriting, printing, photocopying, photographing, facsimile transmitting, and every other
means of recording any form of communication or representation, including electronic
media, email, letters, works, pictures, drawings, sounds, videos, or symbols, or
combinations thereof.
Upon expiration, cancellation or termination of this Agreement:
1. At the discretion of COUNTY and as specified in writing by the Contract
Administrator, CONTRACTOR shall deliver to the Contract Administrator all Data
so specified by COUNTY.
2. COUNTY shall have full ownership and control of all such Data. If
COUNTY permits CONTRACTOR to retain copies of the Data, CONTRACTOR
shall not, without the prior written consent of COUNTY or unless required by law,
Form 101 (Revised 8/2016) 4
Contract #A166209
use any of the Data for any purpose or in any manner whatsoever; shall not
assign, license, loan, sell, copyright, patent and/or transfer any or all of such
Data; and shall not do anything which in the opinion of COUNTY would affect
COUNTY's ownership and/or control of such Data.
3. Except to the extent required by law or as agreed to by COUNTY,
CONTRACTOR shall not retain any Data that are confidential, protected,
privileged, not public, nonpublic, or private, as those classifications are
determined pursuant to applicable law.
C. Notwithstanding any provision of this Agreement to the contrary, CONTRACTOR shall
remain liable to COUNTY for damages sustained by COUNTY by virtue of any breach of
this Agreement by CONTRACTOR. Upon notice to CONTRACTOR of the claimed
breach and the amount of the claimed damage, COUNTY may withhold any payments to
CONTRACTOR for the purpose of set-off until such time as the exact amount of
damages due COUNTY from CONTRACTOR is determined. Following notice from
COUNTY of the claimed breach and damage, CONTRACTOR and COUNTY shall
attempt to resolve the dispute in good faith.
D. The above remedies shall be in addition to any other right or remedy available to
COUNTY under this Agreement, law, statute, rule, and/or equity.
E. COUNTY's failure to insist upon strict performance of any provision or to exercise any
right under this Agreement shall not be deemed a relinquishment or waiver of the same,
unless consented to in writing. Such consent shall not constitute a general waiver or
relinquishment throughout the entire term of the Agreement.
F. This Agreement may be canceled/terminated with or without cause by either party upon
thirty (30) day written notice.
G. If this Agreement expires or is cancelled or terminated, with or without cause, by either
party, at any time, CONTRACTOR shall not be entitled to any payment, fees or other
monies except for payments duly invoiced for then -delivered and accepted
deliverables/milestones pursuant to this Agreement. In the event CONTRACTOR has
performed work toward a deliverable that COUNTY has not accepted at the time of
expiration, cancellation or termination, CONTRACTOR shall not be entitled to any
payment for said work including but not limited to incurred costs of performance,
termination expenses, profit on the work performed, other costs founded on termination
for convenience theories or any other payments, fees, costs or expenses not expressly
set forth in this Agreement.
H. CONTRACTOR has an affirmative obligation, upon written notice by COUNTY that this
Agreement may be suspended or cancelled/terminated, to follow reasonable directions
by COUNTY, or absent directions by COUNTY, to exercise a fiduciary obligation to
COUNTY, before incurring or making further costs, expenses, obligations or
encumbrances arising out of or related to this Agreement.
16. SURVIVAL OF PROVISIONS
Provisions that by their nature are intended to survive the term, cancellation or termination of this
Agreement do survive such term, cancellation or termination. Such provisions include but are not
limited to: SERVICES TO BE PROVIDED (as to ownership of property); INDEPENDENT
CONTRACTOR; INDEMNIFICATION; INSURANCE; DUTY TO NOTIFY; DATA; RECORDS-
AVAILABILITY/ACCESS; DEFAULT AND CANCELLATION/TERMINATION; MEDIA
OUTREACH; and MINNESOTA LAW GOVERNS.
Form 101 (Revised 8/2016)
Contract #A166209
17. CONTRACT ADMINISTRATION
In order to coordinate the services of CONTRACTOR with the activities of the Initial Contact and
Assessment Area so as to accomplish the purposes of this Agreement, Monique Drier, JCPP
Supervisor, or successor ("Contract Administrator"), shall manage this Agreement on behalf of
COUNTY and serve as liaison between COUNTY and CONTRACTOR.
18. COMPLIANCE AND NON -DEBARMENT CERTIFICATION
A. CONTRACTOR shall comply with all applicable federal, state and local statutes,
regulations, rules and ordinances currently in force or later enacted.
B. If the source or partial source of funds for payment of services under this Agreement is
federal, state or other grant monies, CONTRACTOR shall comply with all applicable
conditions of the specific referenced or attached grant.
C. CONTRACTOR certifies that it is not prohibited from doing business with either the
federal government or the state of Minnesota as a result of debarment or suspension
proceedings.
19. PAPER RECYCLING
COUNTY encourages CONTRACTOR to develop and implement an office paper and newsprint
recycling program.
20. NOTICES
Unless the parties otherwise agree in writing, any notice or demand which must be given or made
by a party under this Agreement or any statute or ordinance shall be in writing, and shall be sent
registered or certified mail. Notices to COUNTY shall be sent to the County Administrator with a
copy to the originating COUNTY department at the address given in the opening paragraph of
this Agreement. Notice to CONTRACTOR shall be sent to the address stated in the opening
paragraph of this Agreement or to the address stated in CONTRACTOR's Form W-9 provided to
COUNTY.
21. CONFLICT OF INTEREST
CONTRACTOR affirms that to the best of CONTRACTOR's knowledge, CONTRACTOR's
involvement in this Agreement does not result in a conflict of interest with any party or entity
which may be affected by the terms of this Agreement. Should any conflict or potential conflict of
interest become known to CONTRACTOR, CONTRACTOR shall immediately notify COUNTY of
the conflict or potential conflict, specifying the part of this Agreement giving rise to the conflict or
potential conflict, and advise COUNTY whether CONTRACTOR will or will not resign from the
other engagement or representation. Unless waived by COUNTY, a conflict or potential conflict
may, in COUNTY's discretion, be cause for cancellation or termination of this Agreement.
22. MEDIA OUTREACH
CONTRACTOR shall notify COUNTY, prior to publication, release or occurrence of any Outreach
(as defined below). The parties shall coordinate to produce collaborative and mutually
acceptable Outreach. For clarification and not limitation, all Outreach shall be approved by
COUNTY, by and through the Public Relations Officer or his/her designee(s), prior to publication
or release. As used herein, the term "Outreach" shall mean all media, social media, news
releases, external facing communications, advertising, marketing, promotions, client lists,
civic/community events or opportunities and/or other forms of outreach created by, or on behalf
of, CONTRACTOR (i) that reference or otherwise use the term "Hennepin County," or any
Form 101 (Revised 8/2016)
Contract #A166209
derivative thereof; or (ii) that directly or indirectly relate to, reference or concern the County of
Hennepin, this Agreement, the services performed hereunder or COUNTY personnel, including
but not limited to COUNTY employees and elected officials.
23. MINNESOTA LAWS GOVERN
The laws of the state of Minnesota shall govern all questions and interpretations concerning the
validity and construction of this Agreement and the legal relations between the parties and their
performance. The appropriate venue and jurisdiction for any litigation will be those courts located
within the County of Hennepin, state of Minnesota. Litigation, however, in the federal courts
involving the parties will be in the appropriate federal court within the state of Minnesota.
24. COOPERATIVE PURCHASING
At the time of this Agreement: (1) Hennepin County is a signature party to the Joint Powers
Purchasing Agreement (Agreement No. A131396) (the "JPA"); (2) the Minnesota Counties of
Anoka, Carver, Dakota, Olmsted, Ramsey, Scott and Washington are signatories to the JPA
("Cooperative Members"); (3) if agreed upon pursuant to a separate agreement between
CONTRACTOR and any Cooperative Member, the JPA allows a Cooperative Member, subject to
the terms of the JPA, to purchase the same or substantially similar services based upon terms
that are the same or substantially similar to those set forth in this Agreement including but not
limited to price/cost; and (4) COUNTY shall have no obligation, liability or responsibility for any
order or purchase made under the contract between a Cooperative Member and CONTRACTOR.
THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK
Form 101 (Revised 8/2016)
COUNTY BOARD AUTHORIZATION
COUNTY OF HENNEPIN
Reviewed for COUNTY by
the County Attorney's Office: STATE OF MINNESOTA
Date:
Contract #A166209
By:
Chair of Its County Board
ATTEST:
Deputy/Clerk of County Board
Date:
And:
Assistant/Deputy/County Administrator
Date:
CITY OF RICHFIELD
By:
Its:
Date:
And:
Its:
Date:
CITY represents and warrants that the person who executed this contract is authorized to do so pursuant
to applicable law and that any other applicable requirements have been met.
Form 101 (Revised 8/2016) 8
Contract #A166209
EXHIBIT A: CONTRACTED SERVICES
The Joint Community Police Partnership (JCPP) is a collaborative effort of the cities of St. Louis Park,
Richfield, Hopkins, Bloomington, Brooklyn Park, Brooklyn Center and Hennepin County. The mission of
the JCPP is to enhance communication and understanding between law enforcement and multicultural
residents of these cities. The JCPP includes training of officers regarding diverse cultures, community
engagement, and community outreach by community liaisons embedded in the police department. The
goal of the JCPP is to alleviate conflict in culturally diverse communities by working directly with
community members and law enforcement. The JCPP collaborates with law enforcement to assist in the
recruitment, selection and training of police officers; as well as cadets, Community Service Officers
(CSO), Reserves and Explorers.
As part of its collaboration with JCPP, CONTRACTOR will provide the following:
A. LAW ENFORCEMENT SELECTION AND TRAINING
1. SELECTION: CONTRACTOR shall conduct recruitment, interviewing, testing and selection of
cadets, CSOs, Reserves, and/or Explorers with a goal of expanding representation of diverse
communities in law enforcement. Candidates must pass police screening and background checks
as necessary.
TRAINING: CONTRACTOR shall provide supervision, support, and training of selected cadets,
CSOs, Reserves, and Explorers in its police department. Training and educational opportunities
will be in conformance with police department rules and procedures. CONTRACTOR's police
department will coordinate the training of the participants in conjunction with the JCPP.
Participants will complete relevant law enforcement training under the direct supervision of police
and academic representatives. Any transcripts, enrollment records, and performance reviews by
supervising police officers will be provided upon request. Any cadets will train for up to twenty
(20) hours per week and maintain acceptable academic performance in post -secondary law
enforcement education.
B. POLICE COMMUNITY OUTREACH
CONTRACTOR's police department will participate in outreach activities including community
dialogues, culturally specific community events, New American Academies, and Youth/Teen
Academies.
Form 101 (Revised 8/2016) A-1
Contract #A166209
EXHIBIT B: FINANCIAL INFORMATION
CITY OF RICHFIELD
1/1/17 —12/31/17
Budget Categories
Amount
1. Cadet/Community Service Officer Salary
$15,000
2. Additional Miscellaneous Training Dollars & Expenses
$5,000
TOTAL
$20,000
CONTRACTOR agrees to match this funding by an equal amount or as closely as possible to the
amounts listed in the above -referenced budget.
Form 101 (Revised 8/2016) B-1
REPORT PREPARED BY:
AGENDA SEC -10N: CONSENT CALENDAR
AGENDA ITEM # 5.D.
STAFF REPORT NO. 182
CITY COUNCIL MEETING
10/25/2016
Jesse Swenson, Assistant HR Manager
DEPARTMENT DIRECTOR REVIEW: Steven Devich
10/19/2016
OTHER DEPARTMENT REVIEW: None
CITY MANAGER REVIEW: STEVEN L. DEVICH
10/19/2016
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the approval of a resolution modifying the Health Care Savings Plan for LELS Local
#162 Employees.
EXECUTIVE SUMMARY:
In 2001, the Minnesota legislature granted authority to the Minnesota State Retirement System (MSRS) to
offer a post -employment Health Care Savings Plan (HCSP) to eligible employees of the State of Minnesota
and other governmental subdivisions. MSRS was authorized to administer these plans after they were
adopted by governmental subdivisions throughout the state.
A HCSP was established by the City Council for LELS Local #162 (Police Supervisors) employee group in
October 2003. The LELS Local #162 group has now agreed upon a modification to the plan that changes its
bi-weekly payroll contributions and severance contribution. Under state statute, plan modifications may be
made no more frequently than once every two years. The City does not make any contributions to this plan.
RECOMMENDED ACTION:
By motion: Adopt a resolution modifying the Health Care Savings Plan for eligible LELS Local #162
Employees.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
Legal authority to establish a HCSP is provided through Minn. Stat. 352.98 and Internal Revenue
Service rulings. The establishment of each plan, including contribution formulae, must be
negotiated when dealing with a collective bargaining unit or personnel policy where non-union
employees are involved. Once established, the plan must be filed with MSRS to initiate or modify
the plan.
Participation for each individual employee within a bargaining unit or employee group is
mandatory once the plan is established for that respective group. Moreover, the amounts
contributed for or by each employee in a particular group must be the same for every employee of
the group. Contributed amounts between employee groups may vary however.
A HCSP was established by the City Council for the LELS Local #162 bargaining unit in October
2003. The plan was last modified in May 2014. Under state statute, plan modifications may be
made no more frequently than once every two years.
B. POLICIES (resolutions, ordinances, regulations, statutes, etch
Under Minnesota Statute, the City has an opportunity to provide a valuable benefit to City
employees. The City of Richfield has offered this benefit to employee groups that are interested
in such a mandatory plan.
Approval by the City Council of the attached resolution will provide the City authority to proceed
with this modified program for the LELS Local #162 employees. Plan modifications can be made
every two years.
C. CRITICAL TIMING ISSUES:
• There is no critical timing issue pertaining to this modification. However, the majority of LELS
Local #162 members have expressed a desire to implement the modified program, so it should be
pursued at the City's earliest opportunity.
• After City approval, this plan must be submitted to MSRS for filing and implementation.
D. FINANCIAL IMPACT:
• There is no cost to the City in this version of the plan since the City makes no contribution. In
fact, there is a cost savings to the City in that wages and severance pay that the employee
contributes to the HSCP are not subject to Social Security or Medicare contributions.
• The plan provides a great tax savings to the participating employees and provides a tax
mechanism to fund post -employment medical costs.
E. LEGAL CONSIDERATION:
• There is legal authority for this plan in Minnesota Statutes and IRS Code.
• The plan modification has been sent to the State for review and has received informal approval.
ALTERNATIVE RECOMMENDATION(B)LI
The City Council could decide not to approve this plan modification. In that case, the current plan would
remain in effect. However, this decision contradicts the wishes of the majority of this employee bargaining
unit.
PRINCIPAL PARTIES EXPECTED AT MEETING:
None
ATTACHMENTS:
Description Type
❑ Police Supv HCSP Backup Material
❑ HCSP resolution Resolution Letter
Police Supervisors Post Employment Health Care Savings Plan
Memorandum of Agreement Between
The City of Richfield & LELS Local 162
Approved by: Richfield City Council on October 25, 2016
Effective Date: October 30, 2016
Plan Purpose The City of Richfield and the Police Supervisors (LELS Local
#162) bargaining unit are interested in establishing a means for
eligible employees to participate in a mandatory program to help
defray some of the costs of post employment health related
expenses, including health insurance premiums using pre-tax
dollars. Participation in the Post Employment Health Care
Savings Plan, administered by the Minnesota State Retirement
System (MSRS), is intended to provide an opportunity to
accomplish that goal.
Post A Post Employment Health Care Savings Plan (HCSP) is an
Employment Employer-sponsored program that allows eligible employees to:
Health Care
Savings Plan 1) defer payment of a portion of unused vacation and personal
leave as a severance payment at the time of termination to pay
for eligible health insurance premiums and/or health expenses
after separation from City service, and
2) defer a portion of an Employees' bi-weekly salary for deposit
into their HCSP for the payment of qualified healthcare related
expenses after separation from City service.
Employees will be able to choose among several different
investment options provided by the Minnesota State Board of
Investment. Under the Plan, amounts contributed into the HCSP
are tax-free and not subject to FICA contributions. Assets in the
HCSP will accumulate tax-free and since payouts are used for
qualifying medical expenses, they will also remain tax-free.
Eligibility to Participation in the Police Supervisors HCSP is mandatory for all
Participate employees that meet the following requirements:
1. The Employee must be a member of the Richfield Police
Supervisory Bargaining Unit at the time of termination of
employment, and
2. The Employee must have been continuously employed by the
City of Richfield for at least 1 year.
Contribution Mandatory participation in the Police Supervisors HCSP shall be
Formula in accordance with, and limited to the following formulas for
contributions:
I. Bi -weekly Contribution
1. An eligible Employee must contribute $100 per pay period to
the Employee's account in the Police Supervisors HCSP.
Such contributions shall not exceed $100 per pay period.
II. Severance Contribution
1. Severance shall be paid in cash to the employee for all
accumulated but unused Personal Leave, Vacation Leave,
Holiday Leave, and Compensatory Time.
Note: Compensatory Time is only applicable to Sergeants.
All severance payments based upon Personal, Vacation, Holiday
Leaves and Compensatory Time are calculated by multiplying the
number of hours by the applicable rate of pay upon termination.
Contributions authorized under this Plan shall continue until such
time as this memorandum is amended or repealed by the City of
Richfield and LELS-Local 162.
Upon an employee's death, contributions owed but not yet paid to
the HCSP will be paid to the employee's estate.
HCSP The HCSP is authorized under the Internal Revenue Code and is
Administration administered by the Minnesota State Retirement System.
FOR THE CITY OF RICHFIELD:
City Manager
Assistant City Manager/HR Manager
For LELS #162 — POLICE SUPERVISORS:
Union Representative
Union Representative
RESOLUTION NO.
RESOLUTION AUTHORIZING THE MODIFICATION OF A POST EMPLOYMENT
HEALTH CARE SAVINGS PLAN FOR LELS LOCAL #162 EMPLOYEES
WHEREAS, Laws of Minnesota 2001, chapter 352.98, authorizes the Minnesota
State Retirement System (MSRS) to offer a Post Employment Health Care Savings
Plan (Plan) program to state employees, as well as other governmental subdivisions,
and
WHEREAS, the Internal Revenue Service Code provides for such Plans, and
WHEREAS, the City of Richfield is interested in offering the Plan to eligible City
employees as a tax free method for employees to set aside money to cover the ever
increasing costs of health insurance and medical costs after termination of public
employment, and
WHEREAS, such plans must be established by employee group, either through a
collective bargaining agreement for union employees or a personnel policy for
employees not covered by a collective bargaining agreement, and
WHEREAS, the provisions of a Plan have been agreed to by the LELS Local
#162 group of City employees and the City of Richfield, and
WHEREAS, the proposed plan is a net savings to the City of Richfield.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Richfield hereby authorizes the City Manager to modify the Health Care Savings Plan
for the LELS Local #162 group of employees in the City of Richfield.
Adopted by the City Council of the City of Richfield, Minnesota this 25th day of
October, 2016.
Debbie Goettel, Mayor
/_laI2N9
Elizabeth VanHoose, City Clerk
AGENDA SEC -10N: CONSENT CALENDAR
AGENDA ITEM # 5.E.
STAFF REPORT NO. 183
CITY COUNCIL MEETING
10/25/2016
REPORT PREPARED BY: Matt Brillhart, Associate Planner
DEPARTMENT DIRECTOR REVIEW: John Stark, Community Development Director
10/19/2016
OTHER DEPARTMENT REVIEW:
CITY MANAGER REVIEW: STEVEN L. DEVICH
10/19/2016
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the approval of the first reading of an ordinance that modifies regulations related to
outdoor animal relief areas.
EXECUTIVE SUMMARY:
Animal kennel businesses are a permitted use in the C-2 General Business District. In 2009, the City Council
approved an ordinance establishing outdoor animal relief areas as a conditional use when constructed as an
accessory to animal kennels. The necessary conditions for permitting an outdoor animal relief area include
setback and screening requirements, and regulations related to supervision and maintenance. One of the
conditions states that "the outdoor relief area shall not be used as an outdoor kennel, animal run, animal play
area or any other use not specifically identified in the conditional use permit." The intent of this regulation
was to allow the minimum necessary outdoor relief area for animal kennel businesses to be viable, without
allowing the other aforementioned outdoor activities, due to the potential nuisance to nearby residential
properties.
Adogo Pet Hotels ("the applicant") has applied for an ordinance amendment requesting a modification to
those regulations. The applicant seeks to operate an animal kennel business in a portion of the building at
6244 Cedar Avenue (formerly Zerorez, currently Maaco Auto Repair). The applicant is requesting that the
outdoor relief area also be allowed to function as an animal play area. This change is not permissible by
variance, as State Law prohibits use of the variance procedure to allow uses that are not permitted within a
given zoning district.
This site is uniquely situated in the City, located on the dead-end portion of Cedar Avenue, north of the Cedar
Point Commons development. The site is more than a full city block (appro)amately 600 feet) from any
e)asting or potential residential development. For that reason, staff finds this use to be reasonable in this
location. Therefore, staff is recommending approval of an ordinance amendment to allow outdoor play areas
provided that the area is located at least 600 feet from residential property. This buffer distance will mitigate
the adverse effects the ordinance was intended to prevent, while allowing this business to serve the Richfield
community and create additional employment opportunities. Staff is also recommending a modification to the
screening requirement, adding a stipulation that the screening be consistent with the surrounding area.
RECOMMENDED ACTION:
By Motion: Approve a first reading of an ordinance modifying regulations related to outdoor animal
relief areas.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
None
B. POLICIES (resolutions, ordinances, regulations, statutes. etch
• The process for approving Zoning Code te)d amendments is established in Subsection 547.07.
• This first reading is an administrative requirement. Approval of the first reading does not obligate
the Council to approve the Ordinance upon second reading.
C. CRITICAL TIMING ISSUES:
None
D. FINANCIAL IMPACT:
None
E. LEGAL CONSIDERATION:
• A public hearing was held before the Planning Commission on October 24, 2016.
• Notice of the public hearing was published in the Sun Current newspaper in accordance with
State and Local requirements.
• If this reading is approved, a second reading of the proposed Ordinance will be considered on
November 15, 2016.
ALTERNATIVE RECOMMENDATION(Sl:
None
PRINCIPAL PARTIES EXPECTED AT MEETING:
None
ATTACHMENTS:
Description
Type
Ordinance
Backup Material
BILL NO.
AN ORDINANCE AMENDING THE RICHFIELD CITY CODE
REGULATIONS RELATED TO OUTDOOR ANIMAL RELIEF AREAS
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1 Subsection 534.07, Subdivision 25 of the Richfield City Code related to
outdoor animal relief areas in the General Business (C-2) zoning district is
amended to read as follows:
534.07. Conditional Uses.
Subdivision 25. Accessory outdoor animal relief area to animal kennel,
provided the following conditions are met:
a) The outdoor relief area shall not be located in the front yard;
b) The outdoor relief area must meet setback requirements;
c) The outdoor relief area shall be screened from view of neighboring
properties in a manner consistent with the surrounding area, as
approved by the City;
d) The outdoor relief area shall be for the use of dogs only;
e) No dogs shall remain unattended in the outdoor relief area;
f) The outdoor relief area shall not be used as an outdoor kennel, animal
run, animal play area or any other use not specifically identified in the
conditional use permit, if the outdoor area is located less than 600 feet
from any residential parcel;
g) The outdoor relief area shall be maintained in a clean and sanitary
condition at all times;
h) Solid waste material shall be removed a minimum of once per day and
disposed of in a sanitary manner; and
i) If required by the Public Works Department, a filtration bed shall be
constructed to ensure that liquid waste will not enter into the ground or
the City's stormwater system.
Section 2 This Ordinance is effective in accordance with Section 3.09 of the
Richfield City Charter.
Passed by the City Council of the City of Richfield, Minnesota this 15th day of
November, 2016.
Debbie Goettel, Mayor
/_laION9
Elizabeth VanHoose, City Clerk
Outdoor Animal Area Ordinance Amendment
6244 Cedar Avenue site and surrounding context
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AGENDA SEC -10N: CONSENT CALENDAR
AGENDA ITEM # 51.
STAFF REPORT NO. 184
CITY COUNCIL MEETING
10/25/2016
REPORT PREPARED BY: Jim Topitzhofer, Recreation Services Director
DEPARTMENT DIRECTOR REVIEW: Jim Topitzhofer, Recreation Services Director
10/18/2016
OTHER DEPARTMENT REVIEW: N/A
CITY MANAGER REVIEW: Steven L. Devich
10/19/2016
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the approval of a resolution authorizing acceptance of a grant received by Richfield
Recreation Services Department from Hennepin County for youth sports equipment in the amount of
$7,465 and to authorize the Recreation Services Director to execute the associated grant agreement.
EXECUTIVE SUMMARY:
Richfield Recreation and the Richfield Soccer Association were awarded a Hennepin County Youth Sports
Equipment grant in the amount of $7,465.00 to purchase soccer goals. The new soccer goals were put to
use at Donaldson Park, Christian Park and Washington Park to accommodate the rapid growth of the
Richfield Soccer Association (almost 300% from 2011 to 2015).
RECOMMENDED ACTION:
By Motion: Approve the resolution authorizing acceptance of a grant received by Richfield Recreation
Services Department from Hennepin County for soccer goals $7,465 and to authorize the Recreation
Services Director to execute the associated grant agreement.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
The Recreation Services Department has received a number of youth sports grants from Hennepin
County in the past including Lincoln Athletic Complex, School District #287 soccer field and running
track, Academy of Holy Angels Synthetic Turf Field, archery equipment and soccer goals.
B. POLICIES (resolutions, ordinances, regulations, statutes, etcy
• The Administrative Services Department issued a memo on November 9, 2004 requiring that all
grants and restricted donations to departments be received by resolution and by more than two-
thirds majority of the City Council in accordance with Minnesota Statute 465.03.
• City Council considers approval for all City contracts and agreements by policy.
C. CRITICAL TIMING ISSUES:
• There are no critical timing issues associated with this item.
D. FINANCIAL IMPACT:
Funding Sources for the Project Include:
Hennepin County Youth Sports Grant $7,465
Richfield Soccer Association $5,000
City of Richfield $2,000
Total $14,465
E. LEGAL CONSIDERATION:
• Minnesota Statute 465.03 requires every acceptance of a grant or devise of real or personal
property of more two-thirds majority of the City Council.
• The City Attorney has reviewed the attached agreement.
ALTERNATIVE RECOMMENDATION(Sl:
• There are no alternative recommendations associated with this item.
PRINCIPAL PARTIES EXPECTED AT MEETING:
There are no principal parties attending meeting for this item.
ATTACHMENTS:
Description Type
D Hennepin County Youth Sports Grant Resolution Cover Memo
D Hennepin County Youth Sports Grant Agreement Cover Memo
RESOLUTION NO.
RESOLUTION AUTHORIZING ACCEPTANCE OF GRANTS RECEIVED BY THE CITY
OF RICHFIELD -RECREATION SERVICES DEPARTMENT AND TO AUTHORIZE THE
CITY TO ADMINISTER THE FUNDS IN ACCORDANCE WITH GRANT AGREEMENTS
AND TERMS PRESCRIBED BY DONORS
WHEREAS, Minnesota Statute 465.03 reads in part as follows:
Any city, county, school district or town may accept a grant or devise of real or
personal property and maintain such property for the benefit of its citizens in
accordance with the terms prescribed by the donor. Nothing herein shall authorize
such acceptance or use for religious or sectarian purposes. Every acceptance shall
be by resolution of the council adopted by two-thirds majority of its members,
expressing such terms in full, and
WHEREAS, the City of Richfield has received grants and donations as described
below:
DATE
DONOR
PURPOSE
AMOUNT
10/25/16
Hennepin County
Soccer Goals
$7,465
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota, as follows:
That the City Council of the City of Richfield hereby accepts the grants and
donations as listed above, received in 2016, and authorizes the City to administer the
funds in accordance with grant agreements and terms prescribed by donors.
Adopted by the City Council of the City of Richfield, Minnesota this 25th day of
October, 2016.
Debbie Goettel, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
102516 Rec Sery Grantsxxx
Contract No: A165282
AGREEMENT FOR
2 full size soccer goals, 4 youth soccer goals at Christian Park and Richfield STEM School
This Agreement is between the County of Hennepin, State of Minnesota ("COUNTY"),
A-2300 Government Center, Minneapolis, MN 55487, and the City of Richfield located at 7000
Nicollet Avenue, Richfield, MN 55423 ("LOCAL UNIT OF GOVERNMENT " herein '`LGU").
Recitals
Section 473.757, subd. 2 of Minnesota Statutes authorizes Hennepin County to make
grants for youth activities and youth and amateur sports within Hennepin County with
certain funds collected as part of the sales tax authorized in Section 473.757, subd. 10 of
Minnesota Statutes.
2. Pursuant to Hennepin County Board Resolution 09-0320R3, Hennepin County created
the Hennepin Youth Sports Program. The Hennepin Youth Sports Program makes grants
for youth sports and activities and amateur sports within Hennepin County.
3. For 2016, as part of the Hennepin Youth Sports Program, by Resolution No. 16-0102R1,
Hennepin County authorized an award of $7,465 to the LGU for 2 full size soccer goals,
4 youth soccer goals at Christian Park and Richfield STEM School.
NOW, THEREFORE, the parties hereto do hereby agree as follows:
The parties agree as follows:
TERM
The LGU agrees to complete and provide all necessary documentation for payment for
the Project described in Section 2 between January 1, 2016 and December 31, 2016.
2. PROJECT, CONTRIBUTION, USE OF FUNDS, MARKETING AND REPORTING
The LGU shall be responsible for construction of the "Project" in accordance with the
application submitted by the LGU to the Minnesota Amateur Sports Commission. The
LGU's "Application" for the Project dated 2/24/2016 with City of Richfield is on file
with Hennepin County and this Application is incorporated into this Agreement by this
reference.
Pursuant to the terms herein, the COUNTY shall contribute to the LGU an amount not to
exceed $7,465. The LGU shall be solely responsible for securing all additional funds
needed for completion of the Project. The LGU shall use all funds received under this
Agreement for construction of the Project.
The parties shall cooperatively and collaboratively develop Project marketing including
but not limited to a permanent plaque or sign, news releases, public announcements,
social media, video, civic opportunities, logos and community events. The LGU shall not
unreasonably refuse or withhold participation from any COUNTY initiated marketing
project, plan or strategy.
The LGU shall provide advance copy of the LGU's independently developed messaging
and marketing materials regarding the Project to COUNTY for review and approval.
COUNTY may, in its sole discretion, reject any proposed marketing if COUNTY
determines the proposed marketing does not reflect the spirit or intent of the Project, this
grant or is otherwise contrary to COUNTY's best interests.
Upon completion of the project, the LGU shall provide information, data, statistics and
other metrics related to the project, facilities, participants and/or related activities,
including but not limited to usage numbers, who is using the park, and what changes in
usage were noted. This information shall be provided within one year of completion and
on an annual basis for two years thereafter.
PAYMENT FOR SERVICES
Upon completion of the Project, the LGU shall submit a Certificate of Occupancy (when
applicable) and/or an Affidavit of Project Completion (See Attachment A), as directed by
COUNTY.
Upon COUNTY's confirmation that the Project is complete, the LGU shall submit
invoices for Project expenses with a Reimbursement Request letter in substantially the
same content and character as Attachment B. As determined by COUNTY, COUNTY's
payment obligation hereunder shall be reduced by a credit in the amount of any current or
future parkland dedication fees owed to the LGU by the COUNTY or a subsidiary
corporation. The credit shall be available until expended. If COUNTY has awarded more
than one grant to the LGU, COUNTY shall direct the LGU as to which grant payment
shall be so credited.
If the total cost of the completed Project is less than the amount identified by the LGU in
the budget the LGU submitted for the Project, the COUNTY's payment will be reduced
based on a pro rata share of the difference between the budgeted amount and the actual
amount.
Payment shall be made directly to the LGU upon the presentation of a complete claim in
the manner provided by law governing the COUNTY'S payment of claims and/or
invoices. Payment shall be made within forty-five (45) days from receipt of the invoice.
4. PROFESSIONAL CREDENTIALS
INTENTIONALLY OMITTED
2
5. INDEPENDENT CONTRACTOR
LGU shall select the means, method, and manner of performing the services. Nothing is
intended or should be construed as creating or establishing the relationship of co-partners
between the parties or as constituting LGU as the agent, representative, or employee of
the COUNTY for any purpose. LGU is and shall remain an independent LGU for all
services performed under this Agreement. LGU shall secure at its own expense all
personnel required in performing services under this Agreement. Any personnel of LGU
or other persons while engaged in the performance of any work or services required by
LGU will have no contractual relationship with the COUNTY and will not be considered
employees of the COUNTY. The COUNTY shall not be responsible for any claims that
arise out of employment or alleged employment under the Minnesota Economic Security
Law or the Workers' Compensation Act of the State of Minnesota on behalf of any
personnel, including, without limitation, claims of discrimination against LGU, its
officers, agents, LGUs, or employees. LGU shall defend, indemnify, and hold harmless
the COUNTY, its officials, officers, agents, volunteers, and employees from all such
claims irrespective of any determination of any pertinent tribunal, agency, board,
commission, or court. Such personnel or other persons shall neither require nor be
entitled to any compensation, rights, or benefits of any kind from the COUNTY,
including, without limitation, tenure rights, medical and hospital care, sick and vacation
leave, Workers' Compensation, Re-employment Compensation, disability, severance pay,
and retirement benefits.
6. NON-DISCRIMINATION
A. In accordance with the COUNTY's policies against discrimination, LGU agrees
that it shall not exclude any person from full employment rights nor prohibit
participation in or the benefits of, any program, service or activity on the grounds
of race, color, creed, religion, age, sex, disability, marital status, sexual
orientation, public assistance status, or national origin. No person who is
protected by applicable Federal or State laws against discrimination shall be
subjected to discrimination.
INDEMNIFICATION
LGU agrees to defend, indemnify, and hold harmless the COUNTY, its officials, officers,
agents, volunteers and employees from any liability, claims, causes of action, judgments,
damages, losses, costs, or expenses, including reasonable attorney's fees, resulting
directly or indirectly from any act or omission of LGU, a subcontractor hired by the
LGU, anyone directly or indirectly employed by them, and/or anyone for whose acts
and/or omissions they may be liable in the performance of the services required by this
Agreement, and against all loss by reason of the failure of LGU to perform any obligation
under this Agreement.
Nothing in this Agreement constitutes a waiver by the LGUs of any statutory or common
law defenses, immunities, or limits on liability. The LGUs cannot be required to pay on
behalf of themselves and COUNTY to a third party, any amounts in excess of the limits
on liability established in Minnesota Statutes Chapter 466 applicable to any one party.
The limits of liability for COUNTY and LGUs may not be added together to determine
the maximum amount of liability for LGUs.
DATA PRACTICES
LGU, its officers, agents, owners, partners, employees, volunteers and subLGUs shall
abide by the provisions of the Minnesota Government Data Practices Act, Minnesota
Statutes, Chapter 13 (MGDPA), the Health Insurance Portability and Accountability Act
and implementing regulations, if applicable, and all other applicable state and federal
laws, rules, regulations and orders relating to data privacy or confidentiality. If LGU
creates, collects, receives, stores, uses, maintains or disseminates data because it performs
functions of the COUNTY pursuant to this Agreement, then LGU must comply with the
requirements of the MGDPA as if it were a government entity, and may be held liable
under the MGDPA for noncompliance. LGU agrees to defend, indemnify and hold
harmless the COUNTY, its officials, officers, agents, employees, and volunteers from
any claims resulting from LGU's officers', agents% owners', partners', employees',
volunteers', assignees' or sub LGUs' unlawful disclosure and/or use of such protected
data, or other noncompliance with the requirements of this section. LGU agrees to
promptly notify the COUNTY if it becomes aware of any potential claims, or facts giving
rise to such claims, under the MGDPA. The terms of this section shall survive the
cancellation or termination of this Agreement.
9. RECORDS -- AVAILABILITYIACCESS
Subject to the requirements of Minnesota Statutes Section 16C.05, Subd. 5, LGU agrees
that the COUNTY, the State Auditor, the Legislative Auditor or any of their authorized
representatives, at any time during normal business hours, and as often as they may
reasonably deem necessary, shall have access to and the right to examine, audit, excerpt,
and transcribe any books, documents, papers, records, etc., which are pertinent to the
accounting practices and procedures of LGU and involve transactions relating to this
Agreement. LGU shall maintain these materials and allow access during the period of
this Agreement and for six (6) years after its termination or cancellation.
10. SUCCESSORS, SUBCONTRACTING AND ASSIGNMENTS
A. LGU binds itself, its partners, successors, assigns and Iegal representatives to the
COUNTY for all covenants, agreements and obligations contained in the contract
documents.
B. LGU shall not assign, transfer or pledge this Agreement and/or the services to be
performed, whether in whole or in part, nor assign any monies due or to become
due to it without the prior written consent of the COUNTY. A consent to assign
4
shall be subject to such conditions and provisions as the COUNTY may deem
necessary, accomplished by execution of a form prepared by the COUNTY and
signed by LGU, the assignee and the COUNTY. Permission to assign, however,
shall under no circumstances relieve LGU of its liabilities and obligations under
the Agreement.
C. LGU may subcontract for the services to be performed pursuant to this contract.
Permission to subcontract, however, shall under no circumstances relieve LGU of
its liabilities and obligations under the Agreement. Further, LGU shall be fully
responsible for the acts, omissions, and failure of its sub LGUs in the performance
of the specified contractual services, and of person(s) directly or indirectly
employed by sub LGUs. Contracts between LGU and each sub LGU shall require
that the sub LGU's services be performed in accordance with the terms and
conditions specified. LGU shall make contracts between LGU and sub LGUs
available upon request.
11. MERGER AND MODIFICATION
A. It is understood and agreed that the entire Agreement between the parties is
contained herein and that this Agreement supersedes all oral agreements and
negotiations between the parties relating to the subject matter. All items that are
referenced or that are attached are incorporated and made a part of this
Agreement. If there is any conflict between the terms of this Agreement and
referenced or attached items, the terms of this Agreement shall prevail.
B. Any alterations, variations, modifications, or waivers of provisions of this
Agreement shall only be valid when they have been reduced to writing as an
amendment to this Agreement signed by the parties.
12. DEFAULT AND CANCELLATION
A. If LGU fails to perform any of the provisions of this Agreement or so fails to
administer the work as to endanger the performance of the Agreement, it shall be
in default. Unless LGU's default is excused by the COUNTY, the COUNTY may
upon written notice immediately cancel this Agreement in its entirety.
Additionally, failure to comply with the terms of this Agreement shall be just
cause for the COUNTY to delay payment until LGU's compliance. In the event
of a decision to withhold payment, the COUNTY shall furnish prior written notice
to LGU.
B. The above remedies shall be in addition to any other right or remedy available to
the COUNTY under this Agreement, law, statute, rule, and/or equity.
C. The COUNTY's failure to insist upon strict performance of any provision or to
exercise any right under this Agreement shall not be deemed a relinquishment or
waiver of the same, unless consented to in writing. Such consent shall not
constitute a general waiver or relinquishment throughout the entire term of the
Agreement.
D. This Agreement may be canceled with or without cause by either party upon
thirty (30) day written notice. If COUNTY cancels this Agreement without cause
upon thirty days written notice, COUNTY shall pay the LGU reasonable expenses
incurred prior to the notice of cancellation.
E. Provisions that by their nature are intended to survive the term, cancellation or
termination of this Agreement include but are not limited to: INDEPENDENT
CONTRACTOR; INDEMNIFICATION; DATA PRACTICES; RECORDS-
AVAILABILITY/ACCESS; DEFAULT AND CANCELLATION;
PROMOTIONAL LITERATURE; and MINNESOTA LAW GOVERNS.
13. CONTRACT PROCESSING AND ADMINISTRATION
The Minnesota Amateur Sports Commission ("MASC") will serve as staff liaison in the
grant process administration. Responsibilities will include but not be limited to:
forwarding all required grant processing documents to LGU; and forwarding appropriate
documents to COUNTY for processing and/or execution (i.e., grant contract and invoice
requests). MASC will serve as contact for grant administration and/or processing
inquiries.
Joe Mathews, or successor, shall manage this Agreement on behalf of the COUNTY and
serve as contract liaison between the COUNTY and LGU.
14. COMPLIANCE AND NON -DEBARMENT CERTIFICATION
A. LGU shall comply with all applicable federal, state and local statutes, regulations,
rules and ordinances currently in force or later enacted.
B. If the source or partial source of funds for payment of services under this
Agreement is federal, state or other grant monies, LGU shall comply with all
applicable conditions of the specific referenced or attached grant.
C. LGU certifies that it is not prohibited from doing business with either the federal
government or the State of Minnesota as a result of debarment or suspension
proceedings.
15. NOTICES
Any notice or demand which must be given or made by a party under this Agreement or
any statute or ordinance shall be in writing, and shall be sent registered or certified mail.
Notices to the COUNTY shall be sent to the County Administrator with a copy to the
originating Department at the address given in the opening paragraph of the Agreement.
rol
Notice to LGU shall be sent to the address stated in the opening paragraph of the
Agreement.
lb. PROMOTIONAL LITERATURE
LGU agrees that the terms "Hennepin County" or any derivative shall not be utilized in
any promotional literature, advertisements of any type or form or client lists without the
express prior written consent of the COUNTY.
17. MINNESOTA LAWS GOVERN
The Laws of the State of Minnesota shall govern all questions and interpretations
concerning the validity and construction of this Agreement and the legal relations
between the parties and their performance. The appropriate venue and jurisdiction for
any litigation will be those courts located within the County of Hennepin, State of
Minnesota. Litigation, however, in the federal courts involving the parties will be in the
appropriate federal court within the State of Minnesota. If any provision of this
Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be
affected.
THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK
LGU AUTHORIZATION
*LGU: City of Richfield
By:
Its:
And:
Its:
organized under:
Statutory Option A Option B__ Charter
*LGU shall submit applicable documentation (articles, bylaws, resolutions or ordinances) that
confirms the signatory's delegation of authority. This documentation shall be submitted at the
time LGU returns the Agreement to the COUNTY. Documentation is not required for a sole
proprietorship.
COUNTY BOARD AUTHORIZATION
COUNTY OF HENNEPIN
STATE OF MINNESOTA
Reviewed by the County By:
Attorney's Office
ATTEST:
Date: Date:
And:
Date:
N.
Chair of Its County Board
Deputy/Clerk of County Board
Assistant/Deputy/County Administrator
AGENDA SEC -10N: PUBLIC HEARINGS
AGENDA ITEM # 7.
STAFF REPORT NO. 185
CITY COUNCIL MEETING
10/25/2016
REPORT PREPARED BY: Chris Link, Operations Superintendent
DEPARTMENT DIRECTOR REVIEW: Kristin Asher, Public Works Director
10/18/2016
OTHER DEPARTMENT REVIEW: N/A
CITY MANAGER REVIEW: STEVEN L. DEVICH
10/19/2016
ITEM FOR COUNCIL CONSIDERATION:
Public hearing regarding resolutions pertaining to the annual Lyndale/HUB/Nicollet (LHN) maintenance
assessment process.
EXECUTIVE SUMMARY:
The Lyndale/HUB/Nicollet (LHN) maintenance assessment was established to recover special maintenance
expenses in the LHN area in 1981. The current services include irrigation, weeding, and mowing of
landscaped areas. The LHN Redevelopment Area is approximately bounded by 64th Street, First Avenue, 67th
Street, and Emerson Avenue (map attached).
Staff received a letter from Steve Kirchner, Pines Investment LLC, contesting the proposed assessment on his
property and requesting the property be removed from the assessment roll for 2015 and all future years
(attached) . The specific area he is contesting is similar to other outlots within the district that are zoned
commercial and subsequently assessed for the maintenance based on square footage. If the Council
chooses to remove this property from the assessment district, other similar properties should also be
removed; however, these properties receive the same benefits that all properties in the district receive.
RECOMMENDED ACTION:
Conduct and close the public hearing and by motion:
• Approve a resolution adopting the assessment on the Lyndale/HUB/Nicollet (LHN) district for
costs incurred to maintain the area for 2015.
• Approve a resolution ordering the undertaking of current service project within the
Lyndale/HUB/Nicollet (LHN) district for 2017.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
City staff has determined actual costs of current services to be assessed for the 2015
maintenance of this area to be $27,321.07, and the estimated cost for 2017 maintenance to be
$50,000.
Fluctuations in expenditures for maintenance of LHN are caused by a number of factors:
• Weather determines water usage and irrigation costs
• Concrete repair vary from year to year
o Update aging infrastructure
B. POLICIES (resolutions, ordinances, regulations, statutes, etch
• Section 825 of the City Code indicates "current services" mean one or more of the following:
(a) snow, ice, or rubbish removal from sidewalks;
(b) weed elimination from streets or private property;
(c) removal or elimination of public health or safety hazards from private property, excluding
any structure included under the provisions of Minnesota Statutes, sections 463.15 to
463.26;
(d) installation or repair of water service lines;
(e) street sprinkling, sweeping, or other dust treatment of streets;
(f) the trimming and care of trees and the removal of unsound trees from any street;
(g) the treatment and removal of insect -infested or diseased trees on private property;
(h) the repair of sidewalks and alleys;
(i) the operation of a street lighting system;
(j) the maintenance of landscaped areas, decorative parks and other public amenities on or
adjacent to street right-of-way; and,
(k) snow removal and other maintenance of streets in commercial redevelopment areas.
• Council ordered the work and the work was done for 2015.
• Notice of the public hearing for the proposed maintenance costs in 2015 was mailed to all owners
on the assessment roll on September 29, 2016.
• Notice of the public hearing was published in the official newspaper on October 6, 2016.
C. CRITICAL TIMING ISSUES:
• Each year the City shall list the total unpaid charges for current services against each separate lot
or parcel to which they are attributable under section 825 of the City Code. This list is available at
the offices of the City Clerk, Assessing, and Public Works.
D. FINANCIAL IMPACT:
• All costs to the City will be recovered through this assessment.
• Estimated and actual costs for the LHN maintenance services from 2003-2015 are:
Year Estimated Actual
2003 $50,000 $37,785.67
2004 $50,000 $44,031.39
2005 $50,000 $45,385.31
2006 $50,000 $45,648.56
2007 $50,000 $51,605.29
2008 $50,000 $49,999.99
2009 $50,000 $49,747.02
2010 $50,000 $32,459.40
2011 $50,000 $39,090.87
2012 $50,000 $32,244.51
2013 $50,000 $25,522.16
2014 $50,000 $29,415.52
2015 $50,000 $27,321.07
E. LEGAL CONSIDERATION:
• The City Attorney will be available to answer questions.
ALTERNATIVE RECOMMENDATION(Sl:
• Council may make any changes to the assessment roll, as deemed necessary, after the public hearing.
PRINCIPAL PARTIES EXPECTED AT MEETING:
Property owners on the assessment roll.
ATTACHMENTS:
Description
❑ Resolution (2015)
❑ Resolution (2017)
❑ LHN Assessment Roll
❑ Map of LHN Assessment District
❑ Kirchner Contesting Assessment Letter
Type
Resolution Letter
Resolution Letter
Backup Material
Backup Material
Backup Material
RESOLUTION NO.
RESOLUTION ADOPTING ASSESSMENT FOR
LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE FOR
THE PERIOD JANUARY 1, 2015 TO DECEMBER 31, 2015
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 maintenance of the Lyndale/Hub/Nicollet (LHN) Redevelopment
Area, which is approximately bounded by 64th Street, First Avenue, 67th Street and
Emerson Avenue in the City of Richfield.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota as follows:
Such proposed assessment roll, in the total amount of $27,321.07 is hereby
accepted and shall constitute the special assessment against the lands named
therein, and each tract of land therein included is hereby found to be benefited by
the proposed current services in the amount of assessment levied against it.
2. Such assessment shall be payable before or during 2016 and shall bear interest at
the rate of five percent (5%) 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 to the City's Finance Division, and may, at any time thereafter, 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 payment is made. Such
payment must be made before November 10 or interest will be charged through
December 31 of the succeeding year.
4. The City Clerk shall forthwith transmit a certified duplicate of this assessment roll to
the County Auditor to be extended on the proper tax lists of the County and such
assessment shall be collected and paid over in the same manner as other municipal
taxes.
Passed by the City Council of the City of Richfield, Minnesota, this 25th day of
October, 2016.
Debbie Goettel, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
RESOLUTION NO.
RESOLUTION ORDERING UNDERTAKING OF CURRENT
SERVICE PROJECT LYNDALE/HUB/NICOLLET (LHN)
MAINTENANCE JANUARY 1, 2017 TO DECEMBER 31, 2017
WHEREAS, pursuant to ordinance, the City Council of the City of Richfield did
establish a special assessment district and did propose that certain services be
undertaken by the City in the Lyndale/HUB/Nicollet Redevelopment Area approximately
bounded by 64th Street, First Avenue, 67th Street and Emerson Avenue and that the
cost of such services be specially assessed against benefited property; and
WHEREAS, the City Council of the City of Richfield did also by such resolution
set the date of public hearing on the undertaking of such current service project and the
levying of special assessment to bear the cost thereof; and
WHEREAS, following due notice, such public hearing was held on October 25,
2016 at which time all interested parties desiring to be heard were given an opportunity
to be heard.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota, as follows:
That the following examples of current services of the City shall be undertaken by
the City within the LHN Redevelopment Project Area, which area constitutes the
special assessment district with the exception of single family, two family and
multifamily residential properties, with the cost of such services to be specially
assessed against the benefited property within the district:
a. Snow, ice or rubbish removal;
b. Weed elimination;
c. Elimination or removal of public health or safety hazards from private
property, excluding any structure included under the provisions of Minnesota
Statutes Section 463.15 to 463.26;
d. Installation and repair of water service lines;
e. Street sprinkling or other dust treatment of streets;
f. Trimming and care of trees and the removal of unsound trees;
g. Repair of sidewalks, crosswalks and other pedestrian walkways;
h. Operation of the street lighting system;
i. Maintenance of landscaped areas and other public amenities on or adjacent
to street right-of-way; and
i. Snow removal and other maintenance of streets.
2. The work to be performed may be by day labor, by City force, by contract or by any
combination thereof.
3. The designated period of the project shall be from January 1, 2017 through
December 31, 2017. Costs of the project shall be collected in the manner provided in
the Richfield Ordinance Code.
Passed by the City Council of the City of Richfield, Minnesota, this 25th day of
October, 2016.
Debbie Goettel, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
BLDG -NUM STREETNAME
220 66TH ST W
OWNER -NAME
AFC ENTERPRISES INC
PID
2702824240063
ASSESSMENT
$267.02
16 66TH ST E
ALLEN & KATHRYN PLAISTED
2702824130115
$33.91
6500 NICOLLET AVE S
BREMER BANK NATIONAL ASSOC
2702824240060
$758.68
199 65TH ST W
BRIXMOR SPE 5 LLC
2702824240061
$5,632.90
100 66TH ST W
BRIXMOR SPE 5 LLC
2702824240064
$1,402.93
300 66TH ST W
CENTURY LINK
2702824230082
$1,195.24
6640 LYNDALE AVE S
CITY BELLA COMMERCIAL LLC
2702824320452
$1,733.53
6444 LYNDALE AVE S
CITY OF RICHFIELD
2702824230087
$211.92
6444 LYNDALE AVE S
CITY OF RICHFIELD
2702824230088
$224.64
6436 LYNDALE AVE S
DVM PROPERTIES INC
2702824230084
$80.53
6425 NICOLLET AVE S
HEADWAY EMOTIONAL HEALTH SER
2702824130053
$288.21
6467 LYNDALE AVE S
HNC PROPERTIES LLC
2702824230010
$296.69
6439 LYNDALE AVE S
HNC PROPERTIES LLC
2702824230074
$491.66
800 66TH ST W
JBB PROPERTIES LLC
2802824140010
$504.38
6410 NICOLLET AVE S
KIM MAI PROPERTIES LLC
2702824240040
$101.72
6412 NICOLLET AVE S
L N S REAL ESTATE PRTSHP
2702824240065
$262.78
6420 LYNDALE AVE S
LAKEWINDS NATURAL FOODS COOP
2702824230114
$830.74
42 ADDRESS PENDING
LYNDALE GARDENS LLC
2802824110089
$1,025.71
42 ADDRESS PENDING
LYNDALE GARDENS LLC
2702824230115
$186.49
42 ADDRESS UNASSIGNED
LYNDALE GARDENS LLC
2802824140371
$80.53
42 ADDRESS UNASSIGNED
LYNDALE GARDENS LLC
2802824140370
$267.02
42 ADDRESS PENDING
LYNDALE GARDENS LLC
2802824110090
$648.48
6545 LYNDALE AVE S
LYNDALE STATION LLC
2702824230113
$517.09
6525 LYNDALE AVE S
LYNDALE STATION LLC
2702824230112
$644.24
6501 LYNDALE AVE S
LYNDALE STATION LLC
2702824230111
$1,364.78
6645 LYNDALE AVE S
MARSHALL & ISLEY CORP
2702824320127
$491.66
6500 LYNDALE AVE S
NEARCO II LLC
2702824230090
$267.02
6701 LYNDALE AVE S
PAUL J & ANN 21LKA
2702824320126
$144.11
42 ADDRESS UNASSIGNED
PINE INVESTMENTS LLC
2702824320133
$250.07
826 66TH ST W
REALTY INCOME PROPS 3 LLC
2802824410039
$279.74
6440 NICOLLET AVE S
RICHFIELD MED BLD PTRSHPLLC
2702824240057
$144.11
6601 NICOLLET AVE S
RICHFIELD SHOPPES LLC
2702824420078
$741.73
6501 NICOLLET AVE S
RICHFIELD SHOPPES LLC
2702824130116
$1,377.50
6438 LYNDALE AVE S
RUSSELL LJAHN
2702824230085
$59.34
6440 LYNDALE AVE S
RUSSELL LJAHN
2702824230086
$118.68
704 66TH ST W
SILVER CREST PROPERTIES LLC
2702824230107
$1,839.49
6501 WOODLAKE DR
SILVER CREST PROPERTIES LLC
2702824230105
$84.77
700 66TH ST W
SILVER CREST PROPERTIES LLC
2702824230106
$21.19
6401 NICOLLET AVE S
THUTHUY T NGUYEN
2702824130052
$131.39
6445 NICOLLET AVE S
WELLS FARGO BANK
2702824130001
$389.94
42 ADDRESS UNASSIGNED
WOODLAKE PARTNERS LLC
2702824320132
$93.25
42 ADDRESS UNASSIGNED
WOODLAKE PARTNERS LLC
2702824320134
$182.25
407 66TH ST W
WOODLAKE PARTNERS LLC
2702824320138
$178.02
6601 LYNDALE AVE S
WOODLAKE PARTNERS LLC
2702824320137
$1,474.98
$27,321.07
7-0177
AVI
mp
City of Richfield
In regards to: LHN Assessment Hearing OCT. 111h 2016
September 22, 2016
To whom it may concern, �, V XH moi - C"
My name is Steve Kirchner and I was the original developer of Richfield Urban Village on
the southeast corner of 66th and Lyndale. I am contesting the proposed charge for 2015 in the
amount of $250.07 assessed against Pines Investments, LLC located at 400 West 67th St (67th and
Harriet corner). In the original days of the assessment all property owners within the district
were charged regardless if they were residential or commercial property. A couple of years ago
this practice was amended to bring it more in line with the original intent and the policy was
changed to only charge Commercial property and no longer charge residential properties. The
Pines and the neighboring Oaks property at 6600 Pleasant are both residential properties of
which I developed both pieces of property. Upon the change being made that the City would no
longer assess the residential properties there is one piece of property that did not get removed
from the assessment role and that is the piece that I am contesting.
The specific piece is PID number 2702824320133 and it does not have any address
assigned to it. It is an outlot piece to our development located on the back (Kirchbak Garden)
side of the property. It has been assigned a minimal Real Estate tax valuation of $1,000 so it has
no real value to anybody or anything. It contains the wide Cement sidewalk (spine) that is used
for Emergency and Fire access to the back side of The Pines and The Oaks property if ever
needed. It does not have any LHN services provided to the property in discussion and does not
service any commercial function within the development or within the District. It further does
not border or touch any commercial property as it is totally an internal piece of property to the
development. We maintain the property and we perform all services needed to this piece. It does
not contain any grass, irrigation, fertilizer, lighting, etc. We shovel this piece and perform the
necessary repairs to the sidewalk as needed at our expense.
I am requesting the council remove this piece of property for the 2015 Assessment and all
future Assessments related to the LHN for the reasons described above. As an alternate to this
request if the council decides to not remove it then we will immediately request the city to take
over all maintenance and responsibility for this piece of property at their (LHN) expense going
forward.
I have enclosed a copy of the plat drawing indicating where this piece of property exists
for your specific review. I have talked to Chris Link last year and he informed me we needed to
wait for this hearing to make our request, of which I am doing, for removal of the piece from the
assessment role as he was not able to remove it without council approval. If there are any
questions, I can be reached by cell at 612-247-2621 but I believe I am going to be leaving town
this day, but not sure and if we decide to not go, then I will be at the meeting.
Thanks in advance for your consideration to remove our piece of property from the 2015
assessment role and all future assessments relating to LHN
Sincerely Yours,
Steve Kirchner, �s+U•�•.t.
Pines Investments LLC
Majority Owner and Owner Rep for both The Pines and The Oaks properties
Mailing Address: 8983 Mariabo Circle, Bloomington, Mn. 55438
Email: skirch78329ginail.con
CC: Chris Link, City of Richfield Operations Superintendent
September 15, 2016
Public Works Department
MAYOR
PINE INVESTMENTS LLC
DEBBIE GOETTEL
ATTN STEVEN L KIRCHNER
CITY COUNCIL
8983 MARIABO CIR
PAT ELLIOTT
BLOOMINGTON MN 55438
TOM FITZHENRY
EDWINA GARCIA
NOTICE OF ASSESSMENT HEARING
MICHAEL HOWARD
---- ----
- - -N TteE-OF-HEARtNG-(�E)POSED-ASSESSMEN-T--- — — —
CITY MANAGER
FOR CERTAIN SERVICES OF THE CITY WITHIN THE
STEVEN L. DEVICH
LYNDALE/HUB/NICOLLET REDEVELOPMENT AREA
FROM JANUARY 1, 2015 - DECEMBER 31, 2015
Property ID: 27028.24320133 -
Property Address: 42 ADDRESS UNASSIGNED
NOTICE IS HEREBY GIVEN that the Richfield City Council will hold an assessment hearing on
the date and at the time and place given below, to pass upon the proposed assessment for the
maintenance services to that area known as the Lyndale/Hub/Nicollet (LHN) Redevelopment
Area in the City.
DATE, TIME AND PLACE OF HEARING: Tuesday, October 11, 2016 at 7:00 p.m. or as soon
thereafter as the matter can be reached on the agenda, at Richfield Municipal Center, 6700
Portland Avenue South, Richfield, Minnesota 55423.
NATURE OF IMPROVEMENT AND AREA TO BE ASSESSED: From January 1, 2015 through
December 31, 2015 the City of Richfield incurred costs for maintenance of the LHN
Redevelopment Area, including such work as landscape maintenance of common properties,
including mowing, fertilizing, irrigation repair and other maintenance services. The City proposes
to assess the costs for maintenance in the LHN Redevelopment Area, which totaled $27,321.07
against the properties that benefited from this work.
THE SPECIAL ASSESSMENT TO YOUR PROPERTY IS: $250.07.
Payment can be made after the assessment is adopted and before November 10, 2016 at the
City of Richfield Assessor's office, 6700 Portland Avenue South, Richfield, MN 55423. Please
make your check payable to the City of Richfield.
THIS IS THE ONLY NOTICE YOU WILL RECEIVE OF THIS ASSESSMENT. NO SEPARATE
BILLING WILL OCCUR.
A copy of the proposed assessment roll is on file for public inspection at the City Clerk's office,
6700 Portland Avenue South, Richfield, Minnesota 55423.
PAYMENT OF ASSESSMENT: You may pay your assessment at any time after the assessment
has been adopted by presenting a check to the City Treasurer at the Assessor's Office, 6700
(OVER)
6700 PORTLAND AVENUE. RICHFIELD. MINNESOTA 55423 612.861.9700 FAX: 612.861.9749
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AGENDA SEC -10N: PUBLIC HEARINGS
AGENDA ITEM # 8.
STAFF REPORT NO. 186
CITY COUNCIL MEETING
10/25/2016
REPORT PREPARED BY: Chris Link, Operations Superintendent
DEPARTMENT DIRECTOR REVIEW: Kristin Asher, Public Works Director
10/18/2016
OTHER DEPARTMENT REVIEW: N/A
CITY MANAGER REVIEW: STEVEN L. DEVICH
10/19/2016
ITEM FOR COUNCIL CONSIDERATION:
Public hearing regarding resolutions pertaining to the annual 77th Street Maintenance assessment
process.
EXECUTIVE SUMMARY:
Since 1988, the City has performed special maintenance along 77th Street between 1-35W and Cedar
Avenue. The current services include:
• Maintenance and operation of irrigation systems
• Mowing
• Fertilization
• Weed control
• Trash and litter removal
These current services are provided on both sides of the 77th Street wall. The maintenance functions are
funded through a maintenance assessment on 77th Street commercial properties.
RECOMMENDED ACTION:
Conduct and close the public hearing and by motion:
• Approve a resolution adopting the assessment on the 77th Street Project Area for costs incurred
to maintain the area for 2015.
• Approve a resolution ordering the undertaking of current service project within the
77th Street Project area for 2017.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
City staff has determined the actual assessment costs of current services for 2015 for this area to
be $59,557.56.
The estimate for 2017 maintenance is $80,000.
Fluctuations in expenditures for maintenance of the 77th Street Redevelopment area are caused
by a number of factors:
• Weather determines water usage and irrigation costs
• Concrete repair varies from year to year
• Updating aging infrastructure
• Replantings
B. POLICIES (resolutions, ordinances, regulations, statutes, etcy
• Section 825 of the City Code indicates "current services" mean one or more of the following:
(a) snow, ice, or rubbish removal from sidewalks;
(b) weed elimination from streets or private property;
(c) removal or elimination of public health or safety hazards from private property, excluding
any structure included under the provisions of Minnesota Statutes, sections 463.15 to
463.26;
(d) installation or repair of water service lines;
(e) street sprinkling, sweeping, or other dust treatment of streets;
(f) the trimming and care of trees and the removal of unsound trees from any street;
(g) the treatment and removal of insect -infested or diseased trees on private property;
(h) the repair of sidewalks and alleys;
(i) the operation of a street lighting system;
(j) the maintenance of landscaped areas, decorative parks and other public amenities on or
adjacent to street right-of-way; and,
(k) snow removal and other maintenance of streets in commercial redevelopment areas.
• Council ordered the work and the work was completed for 2015.
• Resolution No. 7405, adopted in 1988, established a policy for assessing the costs.
• Commercial property owners will be assessed on a per -square -foot basis; however, all single
family and multi -family residential properties, plus the two churches in the area, would be exempt
from the special assessment levy.
• The proposed assessment was properly filed with the City Clerk.
• Notice of the public hearing for the proposed maintenance costs in 2015 was mailed to all
owners described on the assessment roll on September 29, 2016.
• The public hearing notice was published in the official newspaper on October 6, 2016.
C. CRITICAL TIMING ISSUES:
Each year the City shall list the total unpaid charges for current services against each separate lot or
parcel to which they are attributable under section 825 of the City Code. This list is available at the
offices of the City Clerk, Assessing, and Public Works.
D. FINANCIAL IMPACT:
• All costs to the City will be recovered through this assessment.
• Estimated and actual costs for the 77th Street maintenance services from 2003-2015 are:
Year
Estimate
Actual
2003
$80,000
$59,831.07
2004
$80,000
$63,842.79
2005
$80,000
$64,841.54
2006
$80,000
$69,606.52
2007
$80,000
$77,441.46
2008
$80,000
$77,000.01
2009
$80,000
$62,894.55
2010
$80,000
$64,124.81
2011
$80,000
$72,427.48
2012
$80,000
$78,286.46
2013
$80,000
$59,779.82
2014
$80,000
$71,499.01
2015
$80,000
$59,557.56
E. LEGAL CONSIDERATION:
• The City Attorney will be available to answer questions.
ALTERNATIVE RECOMMENDATION(S):
• Council may make any changes to the assessment roll, as deemed necessary, after the public hearing.
PRINCIPAL PARTIES EXPECTED AT MEETING:
Property owners on the assessment roll.
ATTACHMENTS:
Description Type
❑ Resolution (2015) Resolution Letter
❑ Resolution (2017) Resolution Letter
❑ Assessment Roll Backup Material
❑ ILN/77th St Assessment District Map Backup Material
RESOLUTION NO.
RESOLUTION ADOPTING ASSESSMENT ON
77TH STREET MAINTENANCE FOR THE PERIOD
JANUARY 1, 2015 TO DECEMBER 31, 2015
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 maintenance of the 77th Street Project Area, which is approximately
bounded east of 1-35W and west of Cedar Avenue.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota, as follows:
1. Such proposed assessment roll in the total amount of $59,557.56 is hereby
accepted and shall constitute the special assessment against the lands named
therein, and each tract of land therein included is hereby found to be benefited by
the proposed current services in the amount of assessment levied against it.
2. Such assessment shall be payable before or during 2016 and shall bear interest at
the rate of five percent (5%) 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 to the City's Finance Division and may, at any time thereafter, 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 payment is made. Such
payment must be made before November 10 or interest will be charged through
December 31 of the succeeding year.
4. The City Clerk shall forthwith transmit a certified duplicate of this assessment roll to
the County Auditor to be extended on the proper tax lists of the County and such
assessment shall be collected and paid over in the same manner in other municipal
taxes.
Adopted by the City Council of the City of Richfield, Minnesota this 25th day of October,
2016.
Debbie Goettel, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
RESOLUTION NO.
RESOLUTION ORDERING THE UNDERTAKING OF
CURRENT SERVICE PROJECT WITHIN THE 77TH
STREET PROJECT AREA FOR THE PERIOD JANUARY
1, 2017 TO DECEMBER 31, 2017
WHEREAS, pursuant to ordinance, the City Council of the City of Richfield did
establish a special assessment district and did propose that certain current services be
undertaken by the City in the 77th Street Project Area, approximately bounded by I -
35W, 77th Street, 1-494 and Cedar Avenue and that the cost of such services be
specially assessed against benefited property; and
WHEREAS, the City Council of the City of Richfield did also by such resolution
set the date of the public hearing on the undertaking of such current service project and
the levying of special assessment to bear the cost thereof; and
WHEREAS, following due notice, such public hearing was held on October 25,
2016 at which time all interested parties desiring to be heard were given an opportunity
to be heard.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota as follows:
That the following examples of current services of the City shall be undertaken by
the City within the 77th Street Project Area, which area constitutes the special
assessment district with the exception of residential properties, plus the two
churches in the area, with the cost of such services to be specially assessed against
the benefited property within the district:
a. Snow, ice or rubbish removal;
b. Weed elimination;
c. Elimination or removal of public health or safety hazards from private
property, excluding any structure included under the provisions of Minnesota
Statutes Section 463.15 to 463.26;
d. Installation and repair of water service lines;
e. Street sprinkling or other dust treatment of streets;
f. Trimming and care of trees and the removal of unsound trees;
g. Repair of sidewalks, crosswalks and other pedestrian walkways;
h. Operation of the street lighting system;
i. Maintenance of landscaped areas and other public amenities on or adjacent
to street right-of-way; and
i. Snow removal and other maintenance of streets.
2. The work to be performed may be by day labor, by City force, by contract or by any
combination thereof.
3. The designated period of the project shall be from January 1, 2017 through
December 31, 2017. Costs of the project shall be in the manner provided in the
Richfield Ordinance Code.
Adopted by the City Council of the City of Richfield, Minnesota this 25th day of October,
2016.
Debbie Goettel, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
BLDG
STREETNAME
OWNER
PID
ASSESSMENT
-NUM
1600
78TH ST E
-NAME
494 BUILDING PARTNERSHIP LLC
3502824440031
$523.27
7700
NICOLLET AVES
7700 PARTNERS LLC
3402824340065
$292.22
7701
STH AVE S
A G BOGEN CO
3402824440027
$210.67
SOO
78TH ST E
A G BOGEN COMPANY
3402824440023
$455.31
1550
78TH ST E
ADLER GRADUATE SCHOOL
3502824440010
$2,181.42
7701
PORTLAND AVE S
ASIAN DRCT ORIENTAL MKT INC
3502824330006
$346.58
7744
12TH AVE S
B & S LAND DEVELOPMENT LLC
3502824340002
$387.36
7731
4TH AVE S
BLAYLOCK PLUMBING CO
3402824440029
$326.19
7700
LYN DALE AVE S
CITY OF RICHFIELD
3302824440233
$366.97
1710
78TH ST E
CITY OF RICHFIELD
3502824440006
$509.68
42
ADDRESS UNASSIGNED
CLEAR CHANNEL OUTDOOR INC
3502824440032
$27.18
1000
78TH ST W
CSM CORPORATION
3302824440231
$5,851.10
42
ADDRESS UNASSIGNED
CSM CORPORATION
3302824440236
$366.97
980
78TH ST W
CSM SHOPS INC
3302824440235
$183.48
700
78TH ST W
CSM SHOPS INC
3302824440234
$265.03
710
78TH ST W
CSM SHOPS INC
3302824440232
$5,123.96
7744
STH AVE S
DJ & DJ LLC
3402824440031
$475.70
7700
PORTLAND AVE S
DONALD L ELSEN TRUSTEE
3402824440006
$224.26
7730
PORTLAND AVES
ELSEN BROTHERS INC
3402824440007
$360.17
7727
PORTLAND AVE S
FCE RICHFIELD LLC
3502824330007
$462.11
7636
CEDAR AVE S
G6 HOSPITALITY PROP LLC
3502824440004
$849.46
7714
5TH AVE S
GARY WIBERG
3402824440025
$156.30
7745
LYN DALE AVE S
GM RICHFIELD LLC
3402824330081
$1,134.88
7701
LYN DALE AVE S
GM RICHFIELD LLC
3402824330082
$101.94
7740
2ND AVE S
GREGG NELSON
3402824430005
$632.00
7701
PILLSBURY AVE S
H& M V PROPERTIES L L C
3402824340061
$156.30
7720
WENTWORTH AVE S
HILMER M HOVELSON
3402824340055
$312.60
7700
PILLSBURY AVE S
HRA CITY OF RICHFIELD
3402824340073
$638.80
301
77TH ST W
J & R RICHFIELD LLC
3402824330087
$761.12
7717
PILLSBURY AVE S
JEANETTE M GEORGE
3402824340059
$74.75
1620
78TH ST E
JERRY E MATHWIG
3502824440008
$842.67
1640
78TH ST E
JERRY E MATHWIG
3502824440007
$618.41
7709
PILLSBURY AVE S
KERKER PROPERTIES LLC
3402824340060
$156.30
7700
WENTWORTH AVE S
LEIGHTON PARTNERS LLC
3402824340054
$312.60
7733
PORTLAND AVE S
LMMS PROPERTIES LLC
3502824330008
$428.13
7645
LYN DALE AVE S
MAIN STREET OFFICE LLC
3402824330152
$394.15
7645
LYN DALE AVE S
MAIN STREET OFFICE LLC
3402824330153
$394.15
7645
LYN DALE AVE S
MAIN STREET OFFICE LLC
3402824330154
$394.15
7645
LYN DALE AVE S
MAIN STREET OFFICE LLC
3402824330155
$394.15
7701
NICOLLET AVE S
MENARD INC
3402824430078
$6,374.37
2
MERIDIAN CROSSINGS
MERIDIAN CROSSINGS LLC
3302824430049
$3,085.25
1
MERIDIAN CROSSINGS
MERIDIAN CROSSINGS LLC
3302824430050
$3,384.26
1401
76TH ST W
MSB HOLDINGS -RICHFIELD LLC
3302824430019
$1,787.27
1200
78TH ST E
PMB HOSPITALITY LLC
3502824430008
$727.14
308
78TH ST E
PROGRESS VALLEY INC
3402824440037
$502.88
7720
NICOLLET AVE S
REALTY INCOME PROPS 3 LLC
3402824340066
$271.83
1400
78TH ST E
RICHFIELD PROPERTIES LLC
3502824430073
$224.26
7711
14TH AVE S
RICHFIELD PROPERTIES LLC
3502824430006
$645.59
1420
78TH ST E
RICHFIELD PROPERTIES LLC
3502824430074
$754.32
1500
78TH ST E
RICHFIELD PROPERTIES LLC
3502824430076
$931.01
7645
LYN DALE AVE S
RICHFIELD SENIOR HOUSING INC
3402824330150
$394.15
7645
LYN DALE AVE S
RICHFIELD SENIOR HOUSING INC
3402824330151
$394.15
415
77TH ST E
RICHFIELD WHEEL ALIGNMENT
3402824440028
$163.10
345
77TH ST E
RICHFIELD -BLOOMINGTON CR UN
3402824440032
$570.84
7745
2ND AVE S
ROBERT R LURTSEMA
3402824430077
$360.17
84
78TH ST W
SHERWIN-WILLIAMS CO
3402824340001
$224.26
200
78TH ST W
SHURGARD STORAGE CENTERS INC
3402824340053
$1,454.28
7610
LYN DALE AVE S
SOLOMON REAL ESTATE GROUP
3302824440110
$1,447.49
7630
LYN DALE AVE S
SOLOMON REAL ESTATE GROUP
3302824440113
$190.28
42
ADDRESS UNASSIGNED
SOLOMON REAL ESTATE GROUP
3302824440114
$13.59
7644
LYN DALE AVE S
SOLOMON REAL ESTATE GROUP
3302824440115
$149.51
7708
5TH AVE S
TBG LLC
3402824440024
$156.30
351
77TH ST W
THOMSON REUTERS PROP TX SER
3402824330088
$1,630.97
616
78TH ST E
UNIVERSITY AUTO PROP LLLP
3502824330009
$394.15
100
78TH ST W
VIKING PAINTS INC
13402824340056 1
$360.17
7721
PILLSBURY AVE S
VIKING PAINTS INC
13402S24340OS7
$523.27
7715
PILLSBURY AVE S
WILLIAMS PROPERTIES MN LLC
13402824340OSS
$81.55
401177TH
ST W
WOOD MINNESOTA RE LLC
13402824330156
$4,668.65
$59,557.56
v
MR
AGENDA SEC -10N: PUBLIC HEARINGS
AGENDA ITEM # 9.
STAFF REPORT NO. 187
CITY COUNCIL MEETING
10/25/2016
REPORT PREPARED BY: Chris Link, Operations Superintendent
DEPARTMENT DIRECTOR REVIEW: Kristin Asher, Public Works Director
10/18/2016
OTHER DEPARTMENT REVIEW: N/A
CITY MANAGER REVIEW: STEVEN L. DEVICH
10/19/2016
ITEM FOR COUNCIL CONSIDERATION:
Public hearing regarding a resolution adopting the assessment for removal of diseased trees from
private property for work ordered in 2015.
EXECUTIVE SUMMARY:
The 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.
If 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.
3. Hire their own contractor and request the cost of the tree removal be assessed against their property
tax
In the period from January 1, 2015 through December 31, 2015, 20 property owners chose the third option.
The total amount to be assessed is $52,428.35.
RECOMMENDED ACTION:
Conduct and close the public hearing and by motion: Approve a resolution adopting the assessment
for removal of diseased trees from private property for work ordered from January 1, 2015 through
December 31, 2015.
1-T-INAMe] a:7xo%]iyiIiyi1=11►IBYA9Is]z
A. HISTORICAL CONTEXT
In the early 1970's, the City of Richfield began a shade tree disease program to assist homeowners in
the removal of diseased tree(s) 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
• Information regarding private contractors
• A card postmarked to the City informing the City of owner's removal plans
• City staff contacts for more information
If the tree becomes hazardous or is past the removal deadline the City sends an additional deadline letter
to the property owner. The letter is sent to the last known owner, obtained from Hennepin County
Property Records and verified by our utility billing records.
Occupied Properties
Property owners with diseased private tree(s) have three options available for tree removal:
1. Remove the tree themselves.
2. Hire and pay their own contractor.
3. Hire their own contractor and request the cost of the tree removal be assessed against
their property tax.
Vacant Properties
In 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.
B. POLICIES (resolutions, ordinances, regulations, statutes, etcy
• 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 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 29, 2016.
• The public hearing notice was published in the official newspaper on October 6, 2016.
C. CRITICAL TIMING ISSUES:
• The unpaid charges for the removal of the diseased trees must be special assessed for
certification to the County Director of Property Taxation and Collection along with current taxes as
stated in City Code 825.05 Subd. 3.
• Unpaid assessments must be reported to Hennepin County by November 30th of each year.
D. FINANCIAL IMPACT:
The costs to be assessed for the removal of diseased trees on private property for work ordered
during the period January 1, 2015, through December 31, 2015, have been determined to be
$52,428.35.
The property owner may pay the original principal amount without interest within 30 days from the
date the Council adopts the assessment. The unpaid balance will be spread over five years with a
five percent interest rate.
The original source of funding to have the work done is through the City's Permanent Improvement
Revolving Fund.
E. LEGAL CONSIDERATION:
• The City Attorney will be available to answer any questions.
ALTERNATIVE RECOMMENDATION(Sl:
• Council may revise the special assessment roll, as deemed necessary, following the public hearing.
PRINCIPAL PARTIES EXPECTED AT MEETING:
Property owners on the assessment roll.
ATTACHMENTS:
Description Type
Resolution Resolution Letter
RESOLUTION NO.
RESOLUTION DECLARING COSTS TO BE ASSESSED AND
ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR
REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY
FOR THE PERIOD OF JANUARY 1, 2015 TO DECEMBER 31, 2015.
WHEREAS, costs have been determined for the removal of diseased trees from
private properties in the City of Richfield and the expenses incurred or to be incurred for
such work ordered during the period of January 1, 2015 through December 31, 2015
amount to $52,428.35.
Address
PID
Amount
2201 W 69th
28-028-24-33-0051
$4,988.29
6237 Garfield
27-028-24-22-0066
$800.00
6245 Aldrich Ave
28-028-24-11-0019
$2,413.68
6345 15th Ave
26-028-24-12-0109
$2,789.15
6420 Knox
28-028-24-24-0064
$1,716.40
6449 Girard Ave
28-028-24-13-0011
$911.84
6500 Humboldt Ave
28-028-24-24-0130
$2,520.96
6719 Russell Ave
29-028-24-41-0136
$4,988.29
6740 Washburn Ave
29-028-24-42-0088
$3,915.53
6808 Sheridan Ave
29-028-24-44-0067
$2,640.49
6833 Irving Ave
28-028-24-34-0104
$3,486.44
6844 10th Ave
26-028-24-34-0092
$804.56
6901 Upton Ave
29-028-24-43-0189
$1,340.94
6927 5th Ave
27-028-24-44-0091
$1,340.94
6931 Logan Ave
28-028-24-34-0061
$3,432.80
7008 14th Ave
35-028-24-12-0034
$2,145.50
7033 12th Ave
35-028-24-12-0011
$4,076.45
7214 13th Ave
35-028-24-13-0114
$2,537.59
7419 Pillsbury Ave
34-028-24-31-0045
$2,360.25
7600 Upton Ave
32-028-24-43-0004
$3,218.25
TOTAL
$52,428.35
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota:
Such proposed assessment roll, in the amount of $52,428.35, 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 to the City's Assessing Division, and may at any time thereafter, pay to the
City's Assessing Division the entire amount of the assessment remaining unpaid,
with interest accrued to December 31 of the year in which such payment is made.
Such payment must be made before November 10 or interest will be charged
through December 31 of the next succeeding year.
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,
2016.
Debbie Goettel, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
REPORT PREPARED BY:
AGENDA SECTION: RESOLUTIONS
AGENDA ITEM # 10.
STAFF REPORT NO. 188
CITY COUNCIL MEETING
10/25/2016
Chris Regis, Finance Manager
DEPARTMENT DIRECTOR REVIEW: Steven Devich
10/19/2016
OTHER DEPARTMENT REVIEW: N/A
CITY MANAGER REVIEW: STEVEN L. DEVICH
10/19/2016
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a resolution awarding the sale of $5,450,000 General Obligation Refunding Bonds,
Series 2016B.
EXECUTIVE SUMMARY:
In 2007 the City issued two separate bond issues, the $4,705,000 G.O. Capital Improvement Bonds, Series
2007A and the $4,250,000 G. 0. Improvement Bonds, Series 2007B.
The Series 2007A bonds were issued to help fund the construction of the new public works maintenance
facility.
The Series 2007B bonds financed public improvements, including the roundabout at 66th Street and Richfield
Parkway.
Interest rates continue to be at low levels, and the City's Municipal Advisor, Ehlers & Associates, Inc.
periodically reviews the City's outstanding bond issues to determine which issues, if any are feasible for
refunding. Upon the latest review of the bond issues, Ehlers & Associates, Inc. recommends undertaking a
bond refunding of the Series 2007A and 2007B to take advantage of the low interest rates and realize interest
savings.
For this refunding the savings is estimated to be $1,011,020 for the Series 2007A bonds and $406,710 for the
Series 2007B bonds. The combined estimated total savings would be $1,417,730.
Included in of the refunding of the Series 2007A bonds, the City plans to contribute $500,000 of sales
proceeds to be received from the sale of the former City maintenance facility site. The closing on that sale is
expected to take place at the end of October 2016.
Bids on the 2016B General Obligation Refunding Bonds are due in the offices of Ehlers & Associates, Inc. on
Tuesday October 25, 2016. A representative from Ehlers & Associates, Inc. will be at the City Council meeting
to recommend the successful bidder and review attached documents, and provide information that is absent
from the resolution and available only after the bidding on the bonds has closed.
Following Ehlers & Associates, Inc. recommendation it would be appropriate for the City Council to award the
bond sale to the qualified buyer and undertake other related actions as necessary as delineated in the
approving resolution. The anticipated closing on the 2016B Bonds is scheduled for November 17, 2016.
RECOMMENDED ACTION:
By Motion: Approve of the resolution awarding the sale of General Obligation Refunding Bonds, Series
2016B, in the original aggregate principal amount of $5,450,000; Fixing their form and specifications;
Directing their execution and delivery; and providing for their payment; and providing for the
redemption of bonds refunded thereby.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
• The call for the sale of the bonds was approved by the City Council at the September 13, 2016
City Council meeting.
B. POLICIES (resolutions, ordinances, regulations, statutes, etcy
• None.
C. CRITICAL TIMING ISSUES:
• The sale of the refunding bonds at this time will allow the City to take advantage of the low interest
rates and realize interest savings.
D. FINANCIAL IMPACT:
• On the basis of Ehlers & Associates, Inc. review, it appears that the current interest rate climate
makes it feasible to refund the two bond issues.
• The current outstanding principal balance of the Series 2007A and 2007B bonds is $3,060,000
and $2,775,000 respectively. The City will continue to make the principal and interest payments up
to and on the refunding date.
• The $5,450,000 G.O. Refunding Bonds, Series 2016B are being issued to provide funds for a
current refunding on February 1, 2017, on all of the City's callable G.O. Capital Improvement
Bonds, Series 2007A and callable G.O. Improvement Bonds, Series 2007B.
• Included in the refunding of the Series 2007A bonds, the City plans to contribute $500,000 of the
sales proceeds from the sale of the former City maintenance facility site.
• It is estimated that this refinancing under current rates would reduce the interest costs of paying
these two debt issues by approximately $1,417,730.
• This savings expressed in present value terms is approxi mately 13.510% of the refunded principal
or $788,298.
• The bonds are being issued for a 12 -year period; this does not extend the term of the original
issue. The maturity date of the new refunding issue will be the same as the two current outstanding
issues.
E. LEGAL CONSIDERATION:
• Legal counsel has been involved in the bond sale transactions as bond counsel to the City.
ALTERNATIVE RECOMMENDATION(B)LI
None.
PRINCIPAL PARTIES EXPECTED AT MEETING:
Rebecca Kurtz, Ehlers & Associates, Inc.
ATTACHMENTS:
Description Type
D Bond Resolution 2016B Refunding Bonds Resolution Letter
Extract of Minutes of Meeting
of the City Council of the City of
Richfield, Hennepin County, Minnesota
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of
Richfield, Minnesota, was duly held in the City Hall in said City on Tuesday, October 25, 2016,
commencing at 7:00 P.M.
The following members were present:
and the following were absent:
The Mayor announced that the next order of business was consideration of the proposals which
had been received for the purchase of the City's General Obligation Refunding Bonds, Series 2016B, to
be issued in the original aggregate principal amount of $5,450,000.
The City Manager presented a tabulation of the proposals which had been received in the manner
specified in the Terms of Proposal for the Bonds. The proposals were as set forth in EXHIBIT A
attached.
After due consideration of the proposals, Member then introduced the following
written resolution, the reading of which was dispensed with by unanimous consent, and moved its
adoption:
488134v1 JAE RC145-700
RESOLUTION NO.
A RESOLUTION AWARDING THE SALE OF GENERAL
OBLIGATION REFUNDING BONDS, SERIES 2016B, IN THE
ORIGINAL AGGREGATE PRINCIPAL AMOUNT OF $5,450,000;
FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING
THEIR EXECUTION AND DELIVERY; PROVIDING FOR
THEIR PAYMENT; AND PROVIDING FOR THE REDEMPTION
OF BONDS REFUNDED THEREBY
BE IT RESOLVED By the City Council of the City of Richfield, Hennepin County, Minnesota
(the "City") as follows:
Section 1. Sale of Bonds.
1.01. Authority.
(a) Pursuant to Minnesota Statutes, Chapter 475, specifically Section 475.521, as
amended (the "CTP Act"), the City issued its General Obligation Capital Improvement Bonds,
Series 2007A (the "Refunded CIP Bonds"), dated July 10, 2007, in the original aggregate
principal amount of $4,705,000, currently outstanding in the principal amount of $3,275,000, of
which $3,060,000 in principal amount is callable on or after February 1, 2017. The proceeds of
the Refunded CIP Bonds financed the construction of public works facilities in the City (the "CIP
Proj ect").
(b) Pursuant to Minnesota Statutes, Chapters 429 and 475, as amended (collectively,
the "Improvement Act"), the City issued its General Obligation Improvement Bonds,
Series 2007B (the "Refunded Improvement Bonds"), dated July 10, 2007, in the original
aggregate principal amount of $4,250,000, currently outstanding in the principal amount of
$2,965,000, of which $2,775,000 in principal amount is subject to redemption on or after
February 1, 2017. The proceeds of the Refunded Improvement Bonds financed the construction
of various assessable public improvements in the City (the "Assessable Improvements").
(c) The City is authorized by Minnesota Statutes, Section 475.67, subdivision 3 to
issue and sell its general obligation bonds to refund obligations and the interest thereon before the
due date of the obligations, if consistent with covenants made with the holders thereof, when
determined by the City Council to be necessary or desirable for the reduction of debt service costs
to the City or for the extension or adjustment of maturities in relation to the resources available
for their payment.
(d) It is necessary and desirable for the reduction of debt service costs to the City
that the City issue its General Obligation Refunding Bonds, Series 2016B (the "Bonds"), in the
original aggregate principal amount of $5,450,000, pursuant to the CIP Act and the Improvement
Act, specifically Section 475.67, subdivision 3 (collectively, the "Act"), to refund the outstanding
principal amount of the Refunded CIP Bonds and the Refunded Improvement Bonds (together,
the "Refunded Bonds") on February 1, 2017 (the "Redemption Date").
(e) The City is authorized by Section 475.60, subdivision 2(9) of the Act to negotiate
the sale of the Bonds, it being determined that the City has retained an independent financial
488134v1 JAE RC145-700 2
advisor in connection with such sale. The actions of the City staff and municipal advisor in
negotiating the sale of the Bonds are ratified and confirmed in all aspects.
1.02. Award to the Purchaser and Interest Rates. The proposal of (the
"Purchaser") to purchase the Bonds is hereby determined to be a reasonable offer and is accepted, the
proposal being to purchase the Bonds at a price of $ (par amount of $5,450,000, [plus
original issue premium of $ ] [less original issue discount of $ ] less underwriter's
discount of $ ), plus accrued interest to date of delivery, if any, for Bonds bearing interest as
follows:
Year Interest Rate
Year Interest Rate
2018 %
2024
2019
2025
2020
2026
2021
2027
2022
2028
2023
2022
True interest cost:
1.03. Purchase Contract. The sum of $ , being the amount proposed by the
Purchaser in excess of $5,395,500, shall be credited to the accounts of the Debt Service Fund hereinafter
created or deposited in the Redemption Fund hereinafter created, as determined by the Finance Manager in
consultation with the City's municipal advisor. The Finance Manager is directed to retain the good faith
check of the Purchaser, pending completion of the sale of the Bonds, and to return the good faith checks of
the unsuccessful proposers. The Mayor and City Manager are directed to execute a contract with the
Purchaser on behalf of the City.
1.04. Terms and Principal Amounts of the Bonds. The City will forthwith issue and sell the
Bonds pursuant to the Act in the total principal amount of $5,450,000, originally dated
November 17, 2016, in the denomination of $5,000 each or any integral multiple thereof, numbered
No. R-1, upward, bearing interest as above set forth, and which mature serially on February 1 in the years
and amounts as follows:
Year Amount
Year Amount
2018 $
2024 $
2019
2025
2020
2026
2021
2027
2022
2028
2023
(a) $2,615,000 of the Bonds (the "CIP Refunding Bonds"), maturing on February 1 in
the years and in the amounts set forth below, will be used to refinance the CIP Project through the
redemption and prepayment of the outstanding Refunded UP Bonds:
488134v1 JAE RC145-700
Year Amount
Year Amount
2018
$ 2024 $
2019
2025
2020
2026
2021
2027
2022
2028
2023
(b) The remainder of the Bonds in the amount of $2,835,000 (the "Improvement
Refunding Bonds"), maturing on February 1 in the years and in the amounts set forth below, will be
used to refinance the Assessable Improvements through the redemption and prepayment of the
outstanding Refunded Improvement Bonds:
Year Amount
Year Amount
2018
$ 2024
2019
2025
2020
2026
2021
2027
2022
2028
2023
1.05. Optional Redemption. The City may elect on February 1, 2025, and on any day thereafter to
prepay Bonds due on or after February 1, 2026. Redemption may be in whole or in part and if in part, at the
option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are
called for redemption, the City will notify DTC (as defined in Section 8 hereof) of the particular amount of
such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such
maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such
maturity to be redeemed. Prepayments will be at a price of par plus accrued interest.
[ 1.06. Mandatory Redemption; Term Bonds. To be completed if Term Bonds are requested by the
Purchaser.]
Section 2. Registration and Pam.
2.01. Registered Form. The Bonds will be issued only in fully registered form. The interest
thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft
issued by the Registrar described herein.
2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest payment
date preceding the date of authentication to which interest on the Bond has been paid or made available
for payment, unless (i) the date of authentication is an interest payment date to which interest has been
paid or made available for payment, in which case the Bond will be dated as of the date of authentication,
or (ii) the date of authentication is prior to the first interest payment date, in which case the Bond will be
dated as of the date of original issue. The interest on the Bonds is payable on February 1 and August 1 of
each year, commencing August 1, 2017, to the registered owners of record as of the close of business on
the fifteenth day of the immediately preceding month, whether or not that day is a business day.
488134v1 JAE RC145-700 4
2.03. Registration. The City will appoint, and will maintain, a bond registrar, transfer agent,
authenticating agent and paying agent (the "Registrar"). The effect of registration and the rights and
duties of the City and the Registrar with respect thereto are as follows:
(a) Re ig ster. The Registrar must keep at its principal corporate trust office a bond
register in which the Registrar provides for the registration of ownership of Bonds and the
registration of transfers and exchanges of Bonds entitled to be registered, transferred or
exchanged.
(b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the
registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory
to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized
by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the
designated transferee or transferees, one or more new Bonds of a like aggregate principal amount
and maturity, as requested by the transferor. The Registrar may, however, close the books for
registration of any transfer after the fifteenth day of the month preceding each interest payment
date and until that interest payment date.
(c) Exchange of Bonds. When Bonds are surrendered by the registered owner for
exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate
principal amount and maturity as requested by the registered owner or the owner's attorney in
writing.
(d) Cancellation. Bonds surrendered upon transfer or exchange will be promptly
cancelled by the Registrar and thereafter disposed of as directed by the City.
(e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar
for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the
endorsement on the Bond or separate instrument of transfer is valid and genuine and that the
requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in
good faith, to make transfers which it, in its judgment, deems improper or unauthorized.
(f) Persons Deemed Owners. The City and the Registrar may treat the person in
whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether
the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the
principal of and interest on the Bond and for all other purposes, and payments so made to a
registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the
liability upon the Bond to the extent of the sum or sums so paid.
(g) Taxes, Fees and Charges. The Registrar may impose a charge upon the owner
thereof for a transfer or exchange of Bonds sufficient to reimburse the Registrar for any tax, fee
or other governmental charge required to be paid with respect to the transfer or exchange.
(h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is
destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity
date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in
lieu of and in substitution for any Bond destroyed, stolen or lost, upon the payment of the
reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a
Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the
Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the
Registrar an appropriate bond or indemnity in form, substance and amount satisfactory to it and
488134v1 JAE RC145-700 5
as provided by law, in which both the City and the Registrar must be named as obligees. Bonds
so surrendered to the Registrar will be cancelled by the Registrar and evidence of such
cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already
matured or been called for redemption in accordance with its terms it is not necessary to issue a
new Bond prior to payment.
(i) Redemption. In the event any of the Bonds are called for redemption, notice thereof
identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the
redemption notice by first class mail (postage prepaid) to the registered owner of each Bond to be
redeemed at the address shown on the registration books kept by the Registrar and by publishing the
notice if required by law. Failure to give notice by publication or by mail to any registered owner, or
any defect therein, will not affect the validity of the proceedings for the redemption of Bonds. Bonds
so called for redemption will cease to bear interest after the specified redemption date, provided that
the funds for the redemption are on deposit with the place of payment at that time.
2.04. Appointment of Initial Registrar. The City appoints Bond Trust Services Corporation,
Roseville, Minnesota, as the initial Registrar. The Mayor and the City Manager are authorized to execute
and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the
Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by
law to conduct such business, the resulting corporation is authorized to act as successor Registrar. The
City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The
City reserves the right to remove the Registrar upon thirty (30) days' notice and upon the appointment of
a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its
possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or
before each principal or interest due date, without further order of the City Council, the Finance Manager
must transmit to the Registrar monies sufficient for the payment of all principal and interest then due.
2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the direction
of the Finance Manager and executed on behalf of the City by the signatures of the Mayor and the City
Manager, provided that all signatures may be printed, engraved or lithographed facsimiles of the originals.
If an officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such
officer before the delivery of any Bond, that signature or facsimile will nevertheless be valid and
sufficient for all purposes, the same as if the officer had remained in office until delivery.
Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any
security or benefit under this resolution unless and until a certificate of authentication on the Bond has
been duly executed by the manual signature of an authorized representative of the Registrar. Certificates
of authentication on different Bonds need not be signed by the same representative. The executed
certificate of authentication on a Bond is conclusive evidence that it has been authenticated and delivered
under this resolution. When the Bonds have been so prepared, executed and authenticated, the City
Manager will deliver the same to the Purchaser upon payment of the purchase price in accordance with
the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the
application of the purchase price.
2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds one
or more typewritten temporary Bonds in substantially the form set forth in EXHIBIT B attached hereto
with such changes as may be necessary to reflect more than one maturity in a single temporary bond.
Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and
cancelled.
488134v1 JAE RC145-700 6
Section 3. Form of Bond.
3.01. Execution of Bonds. The Bonds will be printed or typewritten in substantially the form
set forth in EXHIBIT B attached hereto.
3.02. Approving Legal Opinion. The City Manager is authorized and directed to obtain a copy
of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota,
which is to be complete except as to dating thereof and cause the opinion to be printed on or accompany
each Bond.
Section 4. Payment; Security; Pledges and Covenants.
4.01. Debt Service Fund. The Bonds will be payable from the General Obligation Refunding
Bonds, Series 2016B Debt Service Fund (the "Debt Service Fund") hereby created. The Debt Service Fund
shall be administered and maintained by the Finance Manager as a bookkeeping account separate and apart
from all other funds maintained in the official financial records of the City. The City will maintain the
following accounts in the Debt Service Fund: the "CIP Account" and the "Improvements Account."
Amounts in the CIP Account are irrevocably pledged to the CIP Refunding Bonds, and amounts in the
Improvements Account are irrevocably pledged to the Improvement Refunding Bonds.
(a) CIP Account. To the CIP Account of the Debt Service Fund there is hereby
credited and appropriated the following: (i) proceeds of the general taxes hereinafter levied for the
payment of the CIP Refunding Bonds; and (ii) a pro rata portion of amounts over the minimum
purchase price paid by the Purchaser, to the extent designated for deposit in the Debt Service Fund in
accordance with Section 1.03 hereof.
(b) Improvements Account. To the Improvements Account of the Debt Service Fund
there is hereby credited and appropriated the following: (i) proceeds of the general taxes hereinafter
levied for the payment of the Improvement Refunding Bonds; (ii) following the Redemption Date,
the proceeds of special assessments levied (the "Assessments") for the Assessable Improvements
refinanced with the proceeds of the Improvement Refunding Bonds; and (iii) a pro rata portion of
amounts over the minimum purchase price paid by the Purchaser, to the extent designated for deposit
in the Debt Service Fund in accordance with Section 1.03 hereof.
4.02. Redemption Fund. All proceeds of the Bonds, less the appropriations made in
Section 4.01 hereof and the costs of issuance of the Bonds, will be deposited in a separate fund (the
"Redemption Fund") to be used solely to redeem and prepay the Refunded Bonds on the Redemption
Date. Any balance remaining in the Redemption Fund after the redemption of the Refunded Bonds on the
Redemption Date shall be deposited in the accounts of the Debt Service Fund herein created for the
Bonds.
4.03. Prior Debt Service Funds. The debt service fund heretofore established for the Refunded
CIP Bonds pursuant to the resolution providing for the issuance and sale of the Refunded CIP Bonds (the
"Prior CIP Resolution") shall be closed following the redemption of the Refunded CIP Bonds, and all
monies therein shall be transferred to the CIP Account of the Debt Service Fund herein created. The debt
service fund heretofore established for the Refunded Improvement Bonds pursuant to the resolution
providing for the issuance and sale of the Refunded Improvement Bonds (the "Prior Improvement
Resolution") shall be closed following the redemption of the Refunded Improvement Bonds, and all
monies therein shall be transferred to the Improvements Account of the Debt Service Fund herein created.
488134v1 JAE RC145-700 7
4.04. Pledges in Prior Resolutions. The pledges and covenants of the City made by the Prior
Improvement Resolution relating to the Assessments levied for the Assessable Improvements are restated
and confirmed in all respects. The provisions of the Prior Improvement Resolution are hereby
supplemented to the extent necessary to give full effect to the provisions hereof.
4.05. General Obligation Pledgee. For the prompt and full payment of the principal of and interest
on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City will be
and are hereby irrevocably pledged. If the balance in the Debt Service Fund is ever insufficient to pay all
principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency will be
promptly paid out of monies in the general fund of the City which are available for such purpose, and such
general fund may be reimbursed with or without interest from the Debt Service Fund when a sufficient
balance is available therein.
4.06. Pledge of Tax Levy. For the purpose of paying the principal of and interest on the CIP
Refunding Bonds and a portion of the principal of and interest on the Improvement Refunding Bonds,
there is levied a direct annual irrepealable ad valorem tax (the "Taxes") upon all of the taxable property in
the City, which will be spread upon the tax rolls and collected with and as part of other general taxes of
the City. The Taxes will be credited to the CIP Account and the Improvements Account of the Debt
Service Fund above provided and will be in the years and amounts as attached hereto as EXHIBIT C.
4.07. Certification to Taxpayer Services Division Manager as to Debt Service Fund Amount. It
is hereby determined that the estimated collections of Assessments and Taxes will produce at least five
percent (5%) in excess of the amount needed to meet when due the principal and interest payments on the
Bonds. The tax levy herein provided is irrepealable until all of the Bonds are paid, provided that at the
time the City makes its annual tax levies the Finance Manager may certify to the Taxpayer Set -vices
Division Manager of Hennepin County, Minnesota (the "Taxpayer Services Division Manager") the
amount available in the Debt Service Fund to pay principal and interest due during the ensuing year, and
the Taxpayer Services Division Manager will thereupon reduce the levy collectible during such year by
the amount so certified.
4.08. Cancellation of Prior Levies after Redemption Date. Following the payment in full of all
outstanding principal of and interest on the Refunded CIP Bonds and the Refunded Improvement Bonds on
the Redemption Date, the Finance Manager is hereby directed to certify such fact to and request the Taxpayer
Services Division Manager to cancel any and all tax levies made for the Refunded CIP Bonds and the
Refunded Improvement Bonds.
4.09. Certification of Taxpayer Services Division Manager as to Registration. The City
Manager is directed to file a certified copy of this resolution with the Taxpayer Services Division
Manager and to obtain the certificate required by Section 475.63 of the Act.
Section 5. Refunding of Refunded Bonds; Findings; Redemption of Refunded Bonds.
5.01. Purpose of Refunding. The Refunded CIP Bonds will be called for redemption on the
Redemption Date in the principal amount of $3,060,000, and the Refunded Improvement Bonds will be
called for redemption on the Redemption Date in the principal amount of $2,775,000. It is hereby found
and determined that based upon information presently available from the City's municipal advisor, the
issuance of the Bonds, a portion of which will be used to redeem and prepay the Refunded Bonds, is
consistent with covenants made with the holders of the Refunded Bonds and is necessary and desirable
for the reduction of debt service costs to the City.
488134v1 JAE RC145-700
5.02. Application of Proceeds of Bonds. It is hereby found and determined that the proceeds of
the Bonds deposited in the Redemption Fund, along with any other funds on hand in the debt service
funds established pursuant to the Prior CIP Resolution and the Prior Improvement Resolution, will be
sufficient to prepay all of the principal of, interest on and redemption premium (if any) on the Refunded
Bonds.
5.03. Redemption; Date of Redemption; Notice of Call for Redemption. The Refunded Bonds
maturing after the Redemption Date will be redeemed and prepaid on the Redemption Date. The
Refunded Bonds will be redeemed and prepaid in accordance with their terms and in accordance with the
terms and conditions set forth in the forms of Notice of Call for Redemption attached hereto as
EXHIBITS C-1 and C-2, which terms and conditions are hereby approved and incorporated herein by
reference. The registrars for the Refunded Bonds are authorized and directed to send a copy of each
Notice of Call for Redemption to each registered holder of the Refunded Bonds at least thirty (30) days
prior to the Redemption Date.
Section 6. Authentication of Transcript.
6.01. City Proceedings and Records. The officers of the City are authorized and directed to
prepare and furnish to the Purchaser and to the attorneys approving the Bonds certified copies of
proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the
City, and such other certificates, affidavits and transcripts as may be required to show the facts within
their knowledge or as shown by the books and records in their custody and under their control, relating to
the validity and marketability of the Bonds and such instruments, including any heretofore furnished, will
be deemed representations of the City as to the facts stated therein.
6.02. Certification as to Official Statement. The Mayor, the City Manager, and the Finance
Manager are authorized and directed to certify that they have examined the Official Statement prepared and
circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and
belief the Official Statement is a complete and accurate representation of the facts and representations made
therein as of the date of the Official Statement.
6.03. Other Certificates. The Mayor, City Manager, and Finance Manager are hereby
authorized and directed to furnish to the Purchaser at the closing such certificates as are required as a
condition of sale. Unless litigation shall have been commenced and be pending questioning the Bonds or
the organization of the City or incumbency of its officers, at the closing the Mayor, the City Manager, and
the Finance Manager shall also execute and deliver to the Purchaser a suitable certificate as to absence of
material litigation, and the Finance Manager shall also execute and deliver a certificate as to payment for
and delivery of the Bonds.
6.04. Payment of Costs of Issuance. The City authorizes the Purchaser to forward the amount
of Bond proceeds allocable to the payment of issuance expenses to K1einBank, Chaska, Minnesota, on the
closing date for further distribution as directed by the City's municipal advisor, Ehlers & Associates, Inc.
Section 7. Tax Covenant.
7.01. Tax -Exempt Bonds. The City covenants and agrees with the holders from time to time of
the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action
which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue
Code of 1986, as amended (the "Code"), and the Treasury Regulations promulgated thereunder, in effect
at the time of such actions, and that it will take or cause its officers, employees or agents to take, all
affirmative action within its power that may be necessary to ensure that such interest will not become
488134v1 JAE RC145-700
subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as
hereafter amended and made applicable to the Bonds.
7.02. Rebate. The City will comply with requirements necessary under the Code to establish
and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the Code,
including without limitation requirements relating to temporary periods for investments, limitations on
amounts invested at a yield greater than the yield on the Bonds.
7.03. Not Private Activity Bonds. The City further covenants not to use the proceeds of the
Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be
"private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code.
7.04. Qualified Tax -Exempt Obligations.
(a) $5,390,000 in principal amount of the Bonds (the "Deemed Portion") is hereby
deemed to be "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the
Code, because the City determines that:
(i) the Bonds are not "private activity bonds" as defined in Section 141 of
the Code;
(ii) the Refunded Bonds were qualified tax-exempt obligations;
(iii) the average maturity date of the CIP Refunding Bonds is not later than
the average maturity date of the Refunded CIP Bonds, and the average maturity date of
the Improvement Refunding Bonds is not later than the average maturity date of the
Refunded Improvement Bonds; and
(iv) the Bonds have a maturity date which is not later than the date which is
thirty (30) years after the date the Refunded Bonds were issued.
(b) The remaining portion of the Bonds in the principal amount of $60,000 (the
"Designated Portion") is hereby designated as "qualified tax-exempt obligations" within the meaning
of Section 265(b)(3) of the Code, because the City determines that:
(i) the Bonds are not "private activity bonds" as defined in Section 141 of the
Code;
(ii) the City hereby designates the Designated Portion of the Bonds as
"qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code;
(iii) the reasonably anticipated amount of tax-exempt obligations (other than
private activity bonds, that are not qualified 501(c)(3) bonds) which will be issued by the
City during calendar year 2016 will not exceed $10,000,000; and
(iv) not more than $10,000,000 of obligations issued by the City during
calendar year 2016 have been designated for purposes of Section 265(b)(3) of the Code.
7.05. Procedural Requirements. The City will use its best efforts to comply with any federal
procedural requirements which may apply in order to effectuate the designations made by this section.
488134v1 JAE RC145-700 10
Section 8. Book -Entry. System; Limited Obligation of City.
8.01. DTC. The Bonds will be initially issued in the form of a separate single typewritten or
printed fully registered Bond for each of the maturities set forth in Section 1.04 hereof. Upon initial
issuance, the ownership of each Bond will be registered in the registration books kept by the Registrar in
the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its
successors and assigns ("DTC"). Except as provided in this section, all of the outstanding Bonds will be
registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC.
8.02. Participants. With respect to Bonds registered in the registration books kept by the
Registrar in the name of Cede & Co., as nominee of DTC, the City, the Registrar and the Paying Agent
will have no responsibility or obligation to any broker dealers, banks and other financial institutions from
time to time for which DTC holds Bonds as securities depository (the "Participants") or to any other
person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any
responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any
Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any
other person (other than a registered owner of Bonds, as shown by the registration books kept by the
Registrar), of any notice with respect to the Bonds, including any notice of redemption, or (iii) the
payment to any Participant or any other person, other than a registered owner of Bonds, of any amount
with respect to principal of, premium, if any, or interest on the Bonds. The City, the Registrar and the
Paying Agent may treat and consider the person in whose name each Bond is registered in the registration
books kept by the Registrar as the holder and absolute owner of such Bond for the purpose of payment of
principal, premium and interest with respect to such Bond, for the purpose of registering transfers with
respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of, premium, if
any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the
registration books kept by the Registrar, and all such payments will be valid and effectual to fully satisfy
and discharge the City's obligations with respect to payment of principal of, premium, if any, or interest
on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds,
as shown in the registration books kept by the Registrar, will receive a certificated Bond evidencing the
obligation of this resolution. Upon delivery by DTC to the City Manager of a written notice to the effect
that DTC has determined to substitute a new nominee in place of Cede & Co., the words "Cede & Co."
will refer to such new nominee of DTC; and upon receipt of such a notice, the City Manager will
promptly deliver a copy of the same to the Registrar and Paying Agent.
8.03. Representation Letter. The City has heretofore executed and delivered to DTC a Blanket
Issuer Letter of Representations (the "Representation Letter") which will govern payment of principal of,
premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any Paying Agent or
Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action
necessary for all representations of the City in the Representation Letter with respect to the Registrar and
Paying Agent, respectively, to be complied with at all times.
8.04. Transfers Outside Book -Entry. S. se. In the event the City, by resolution of the City
Council, determines that it is in the best interests of the persons having beneficial interests in the Bonds
that they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC will notify the
Participants, of the availability through DTC of Bond certificates. In such event the City will issue,
transfer and exchange Bond certificates as requested by DTC and any other registered owners in
accordance with the provisions of this resolution. DTC may determine to discontinue providing its
services with respect to the Bonds at any time by giving notice to the City and discharging its
responsibilities with respect thereto under applicable law. In such event, if no successor securities
depository is appointed, the City will issue and the Registrar will authenticate Bond certificates in
488134v1 JAE RC145-700 I I
accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method
of payment thereof.
8.05. Payments to Cede & Co. Notwithstanding any other provision of this resolution to the
contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with
respect to principal of, premium, if any, and interest on the Bond and notices with respect to the Bond will
be made and given, respectively in the manner provided in DTC's Operational Arrangements as set forth
in the Representation Letter.
Section 9. Continuing Disclosure.
9.02. Execution of Continuing Disclosure Certificate. "Continuing Disclosure Certificate"
means that certain Continuing Disclosure Certificate executed by the Mayor and City Manager and dated
the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time
to time in accordance with the terms thereof.
9.01. City Compliance with Provisions of Continuing Disclosure Certificate. The City hereby
covenants and agrees that it will comply with and carry out all of the provisions of the Continuing
Disclosure Certificate. Notwithstanding any other provision of this resolution, failure of the City to
comply with the Continuing Disclosure Certificate is not to be considered an event of default with respect
to the Bonds; however, any Bondholder may take such actions as may be necessary and appropriate,
including seeking mandate or specific performance by court order, to cause the City to comply with its
obligations under this section.
Section 10. Defeasance. When all Bonds and all interest thereon have been discharged as
provided in this section, all pledges, covenants and other rights granted by this resolution to the holders of the
Bonds will cease, except that the pledge of the full faith and credit of the City for the prompt and full
payment of the principal of and interest on the Bonds will remain in full force and effect. The City may
discharge all Bonds which are due on any date by depositing with the Registrar on or before that date a sum
sufficient for the payment thereof in full. If any Bond should not be paid when due, it may nevertheless be
discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest
accrued to the date of such deposit.
(The remainder of this page is intentionally left blank.)
488134v1 JAE RC145-700 12
The motion for the adoption of the foregoing resolution was duly seconded by Member
, and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
488134v1 JAE RC145-700 13
Passed and adopted this 25t1i day of October, 2016.
Mayor
Attest:
City Clerk
488134v1 JAE RC145-700 14
EXHIBIT A
PROPOSALS
488134v1 JAE RC145-700 A-1
EXHIBIT B
FORM OF BOND
No. R- UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF RICHFIELD
GENERAL OBLIGATION REFUNDING BOND
SERIES 2016B
Date of
Rate Maturity Original Issue CUSIP
February 1, 20 November 17, 2016
Registered Owner: Cede & Co
The City of Richfield, Minnesota, a duly organized and existing municipal corporation in
Hennepin County, Minnesota (the "City"), acknowledges itself to be indebted and for value received
promises to pay to the Registered Owner specified above or registered assigns, the principal sum of
$ on the maturity date specified above, with interest thereon from the date hereof at the
annual rate specified above, payable February 1 and August 1 in each year, commencing August 1, 2017,
to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether
or not a business day) of the immediately preceding month. The interest hereon and, upon presentation
and surrender hereof, the principal hereof are payable in lawful money of the United States of America by
check or draft by Bond Trust Services Corporation, Roseville, Minnesota, as Registrar, Paying Agent,
Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described
herein. For the prompt and full payment of such principal and interest as the same respectively become
due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged.
The City may elect on February 1, 2025, and on any day thereafter to prepay Bonds due on or
after February 1, 2026. Redemption may be in whole or in part and if in part, at the option of the City and
in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption,
the City will notify The Depository Trust Company ("DTC") of the particular amount of such maturity to
be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be
redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to
be redeemed. Prepayments will be at a price of par plus accrued interest.
This Bond is one of an issue in the aggregate principal amount of $5,450,000 all of like original
issue date and tenor, except as to number, maturity date, redemption privilege, and interest rate, all issued
pursuant to a resolution adopted by the City Council on October 25, 2016 (the "Resolution"), for the
purpose of providing money to refund the outstanding principal amount of certain general obligation
bonds of the City, pursuant to and in full conformity with the home rule charter of the City and the
Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapters 429 and 475, as
amended, including Section 475.521, and specifically including Section 475.67, subdivision 3. The
principal hereof and interest hereon are payable in part from special assessments and in part from ad
488134v1 JAE RC145-700 B-1
valorem taxes, as set forth in the Resolution to which reference is made for a full statement of rights and
powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of
this Bond and the City Council has obligated itself to levy additional ad valorem taxes on all taxable
property in the City in the event of any deficiency in special assessments and ad valorem taxes pledged,
which additional taxes may be levied without limitation as to rate or amount. The Bonds of this series are
issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single
maturities.
The City Council has deemed designated the issue of Bonds of which this Bond forms a part as
"qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Internal Revenue Code
of 1986, as amended (the "Code") relating to disallowance of interest expense for financial institutions
and within the $10 million limit allowed by the Code for the calendar year of issue.
As provided in the Resolution and subject to certain limitations set forth therein, this Bond is
transferable upon the books of the City at the principal office of the Registrar, by the registered owner
hereof in person or by the owner's attorney duly authorized in writing, upon surrender hereof together
with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or
the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized
denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in
the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at
the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental
charge required to be paid with respect to such transfer or exchange.
The City and the Registrar may deem and treat the person in whose name this Bond is registered
as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment
and for all other purposes, and neither the City nor the Registrar will be affected by any notice to the
contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts,
conditions and things required by the home rule charter of the City and the Constitution and laws of the
State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance
of this Bond in order to make it a valid and binding general obligation of the City in accordance with its
terms, have been done, do exist, have happened and have been performed as so required, and that the
issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional, charter, or
statutory limitation of indebtedness.
This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under
the Resolution until the Certificate of Authentication hereon has been executed by the Registrar by
manual signature of one of its authorized representatives.
IN WITNESS WHEREOF, the City of Richfield, Minnesota, by its City Council, has caused this
Bond to be executed on its behalf by the facsimile or manual signatures of the Mayor and City Manager
and has caused this Bond to be dated as of the date set forth below.
Dated: November 17, 2016
(Facsimile)
Mayor
488134v1 JAE RC145-700 B-2
CITY OF RICHFIELD, MINNESOTA
(Facsimile)
City Manager
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution mentioned within.
BOND TRUST SERVICES CORPORATION
By
Authorized Representative
ABBREVIATIONS
The following abbreviations, when used in the inscription on the face of this Bond, will be
construed as though they were written out in full according to applicable laws or regulations:
TEN COM -- as tenants in common
TEN ENT -- as tenants by entireties
JT TEN -- as joint tenants with right of
survivorship and not as tenants in common
UNIF GIFT MIN ACT
Custodian
(k-ust) (minor)
under Uniform Gifts or Transfers to Minors
Act, State of
Additional abbreviations may also be used though not in the above list.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
the within Bond and all rights thereunder, and does
hereby irrevocably constitute and appoint attorney to transfer the said
Bond on the books kept for registration of the within Bond, with full power of substitution in the
premises.
Dated:
Notice: The assignor's signature to this assignment must correspond with the name as it appears
upon the face of the within Bond in every particular, without alteration or any change
whatever.
Signature Guaranteed:
488134v1 JAE RC145-700 B-3
NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the Securities
Transfer Agent Medallion Program ("STAMP"), the Stock Exchange Medallion Program ("SEMP"), the
New York Stock Exchange, Inc. Medallion Signatures Program ("MSP") or other such "signature
guarantee program" as may be determined by the Registrar in addition to, or in substitution for, STAMP,
SEMP or MSP, all in accordance with the Securities Exchange Act of 1934, as amended.
The Registrar will not effect transfer of this Bond unless the information concerning the assignee
requested below is provided.
Name and Address:
(Include information for all joint owners if this Bond is
held by joint account.)
Please insert social security or other identifying
number of assignee
PROVISIONS AS TO REGISTRATION
The ownership of the principal of and interest on the within Bond has been registered on the
books of the Registrar in the name of the person last noted below.
Date of Registration
Registered Owner
Cede & Co.
Federal ID #13-2555119
488134v1 JAE RC145-700 B-4
Signature of
Officer of Re isg tray
EXHIBIT C-1
NOTICE OF CALL FOR REDEMPTION
FOR REFUNDED CIP BONDS
$4,705,000
CITY OF RICHFIELD, MINNESOTA
GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS
SERIES 2007A
NOTICE IS HEREBY GIVEN that, by order of the City Council of the City of Richfield, Hennepin
County, Minnesota (the "City"), there have been called for redemption and prepayment on
February 1, 2017
all outstanding bonds of the City designated as General Obligation Capital Improvement Bonds,
Series 2007A, dated July 10, 2007, having stated maturity dates of February 1 in the years 2018 through
2028, both inclusive, totaling $3,060,000 in principal amount, and with the following CUSIP numbers:
Year of Maturity
Amount
CUSIP Number
2018
$225,000
763325 V61
2019
235,000
763325 V79
2020
245,000
763325 V87
2021
255,000
763325 V95
2022
265,000
763325 W29
2023
275,000
763325 W37
2024
285,000
763325 W45
2025
300,000
763325 W52
2026
310,000
763325 W60
2027
325,000
763325 W78
2028
340,000
763325 W86
The bonds are being called at a price of par plus accrued interest to February 1, 2017, on which date
all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are
requested to present their bonds for payment at the main office of Wells Fargo Bank, National Association,
Saint Paul, Minnesota, on or before February 1, 2017, at the following address:
Registered/Certified Mail:
Wells Fargo Bank, N.A.
Corporate Trust Operations
P.O. Box 1517
Minneapolis, MN 55480-1517
Air Courier:
Wells Fargo Bank, N.A.
Corporate Trust Set -vices
600 South Fourth Street
MAC N9300-060
Minneapolis, MN 55479
488134v1 JAE RC 145-700 C-1-1
In Person:
Wells Fargo Bank, N.A.
Northstar East Building
608 2nd Ave. So., 12`" Fl.
Minneapolis, MN
Important Notice: In compliance with the Economic Growth and Tax Relief Reconciliation Act of
2003, the paying agent is required to withhold a specified percentage of the principal amount of the
redemption price payable to the holder of any bonds subject to redemption and prepayment on the
redemption date, unless the paying agent is provided with the Social Security Number or Federal
Employer Identification Number of the holder, properly certified. Submission of a fully executed Request
for Taxpayer Identification Number and Certification, Form W-9 (Rev. December 2014), will satisfy the
requirements of this paragraph.
Dated: , 20
BY ORDER OF THE CITY COUNCIL OF
THE CITY OF RICHFIELD, MINNESOTA
By: /s/ Steve Devich
City Manager
City of Richfield, Minnesota
488134v1 JAE RC145-700 C-1-2
EXHIBIT C-2
NOTICE OF CALL FOR REDEMPTION
FOR REFUNDED IMPROVEMENT BONDS
$4,250,000
CITY OF RICHFIELD, MINNESOTA
GENERAL OBLIGATION IMPROVEMENT BONDS
SERIES 2007B
NOTICE IS HEREBY GIVEN that, by order of the City Council of the City of Richfield, Hennepin
County, Minnesota (the "City"), there have been called for redemption and prepayment on
February 1, 2017
all outstanding bonds of the City designated as General Obligation Improvement Bonds, Series 2007B, dated
July 10, 2007, having stated maturity dates of February 1 in the years 2018 through 2028, both inclusive,
totaling $2,775,000 in principal amount, and with the following CUSIP numbers:
Year of Maturity
Amount
CUSIP Number
2018
$200,000
763325
Y27
2019
210,000
763325
Y35
2020
220,000
763325
Y43
2021
230,000
763325
Y50
2022
240,000
763325
Y68
2023
250,000
763325
Y76
2024
260,000
763325
Y84
2025
270,000
763325
Y92
2026
285,000
763325
Z26
2027
300,000
763325
Z34
2028
310,000
763325
Z42
The bonds are being called at a price of par plus accrued interest to February 1, 2017, on which date
all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are
requested to present their bonds for payment at the main office of Wells Fargo Bank, National Association,
Saint Paul, Minnesota, on or before February 1, 2017, at the following address:
Registered/Certified Mail:
Wells Fargo Bank, N.A.
Corporate Trust Operations
P.O. Box 1517
Minneapolis, MN 55480-1517
Air Courier:
Wells Fargo Bank, N.A.
Corporate Trust Set -vices
600 South Fourth Street
MAC N9300-060
Minneapolis, MN 55479
488134v1 JAE RC145-700 C-2-1
In Person:
Wells Fargo Bank, N.A.
Northstar East Building
608 2nd Ave. So., 12`" Fl.
Minneapolis, MN
Important Notice: In compliance with the Economic Growth and Tax Relief Reconciliation Act of
2003, the paying agent is required to withhold a specified percentage of the principal amount of the
redemption price payable to the holder of any bonds subject to redemption and prepayment on the
redemption date, unless the paying agent is provided with the Social Security Number or Federal
Employer Identification Number of the holder, properly certified. Submission of a fully executed Request
for Taxpayer Identification Number and Certification, Form W-9 (Rev. December 2014), will satisfy the
requirements of this paragraph.
Dated: , 20
BY ORDER OF THE CITY COUNCIL OF
THE CITY OF RICHFIELD, MINNESOTA
By: /s/ Steve Devich
City Manager
City of Richfield, Minnesota
488134v1 JAE RC145-700 C-2-2
STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) SS.
CITY OF RICHFIELD )
I, the undersigned, being the duly qualified and acting City Clerk of the City of Richfield,
Hennepin County, Minnesota (the "City"), do hereby certify that I have carefully compared the attached
and foregoing extract of minutes of a regular meeting of the City Council of the City held on
October 25, 2016, with the original minutes on file in my office and the extract is a full, true and correct
copy of the minutes insofar as they relate to the issuance and sale of the City's General Obligation
Refunding Bonds, Series 2016B, in the original aggregate principal amount of $5,450,000.
WITNESS My hand officially as such City Clerk and the corporate seal of the City this day
of 12016.
City Clerk
City of Richfield, Minnesota
(SEAL)
488134v1 JAE RC145-700
AGENDA SECTION: RESOLUTIONS
AGENDA ITEM # 11.
STAFF REPORT NO. 189
CITY COUNCIL MEETING
10/25/2016
REPORT PREPARED BY: Karen Barton, Community Development Assistant Director
DEPARTMENT DIRECTOR REVIEW: John Stark, Community Development Director
10/19/2016
OTHER DEPARTMENT REVIEW: N/A
CITY MANAGER REVIEW: STEVEN L. DEVICH
10/19/2016
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a resolution supporting the submittal of a grant application to the Metropolitan
Council Livable Communities Tax Base Revitalization Account grant program for contamination clean-
up at the Lyndale Gardens site, 6400 Lyndale Avenue.
EXECUTIVE SUMMARY:
The Lyndale Gardens property was initially developed preceding the 1950's. In advance of the property being
developed, a portion of the property was used for dumping. Areas primarily along the western side of the
property (along Richfield Lake) were low lying/wetland areas that were filled in with soil and debris, reportedly
including concrete, building materials, railroad ties, etc.
Prior to the Cornerstone Group purchasing the property in 2011, a Phase I environmental investigation was
done to evaluate the potential for subsurface contaminants that resulted from previous land use activities. The
Phase I found significant contamination, primarily old construction and demolition debris. Since that time, the
Cornerstone Group has had additional soil testing conducted to determine the extent of contamination existing
on the site, which has revealed additional areas of contamination. Before the Cornerstone Group can
construct improvements on the property, the contaminated soils must be remediated.
To assist in the financial aspect of the cleanup of the property, the Cornerstone Group is requesting that the
City apply to the Metropolitan Council Tax Base Revitalization Account (TBRA) grant program on their behalf
A requirement of the grant is the submission of a resolution indicating the City Council's support of the
application.
Given the potential liability to the City relating to this grant program should the City be awarded funding, City
staff will not execute the agreement without the Cornerstone Group (d/b/a Lyndale Gardens) first having
obtained land -use approvals from the City, nor will they approve reimbursement to the Cornerstone Group
under this grant without building permits first being issued for the project.
Colleen Carey from the Cornerstone Group will be in attendance to provide an update of the project.
RECOMMENDED ACTION:
By Motion: Adopt the resolution supporting the submittal of a grant application to the Metropolitan
Council Livable Communities Tax Base Revitalization Account program for a contamination clean-up at
6400 Lyndale Avenue.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
• The Developer applied for and received land -use approvals in 2013 to construct a mixed-use
development on the property.
• In December 2015 the land -use approvals expired.
• The Developer is proposing to construct a mixed-use development that will include multi -family
rental housing and retail/commercial uses, as well as the quasi-public/public improvements funded
by the Met Council grant.
• The quasi-public/public shoreline improvements began construction earlier this fall and will be
mostly complete yet this year, with final completion no later than April 30, 2017.
• Regardless of ownership, the contamination will be required to be remediated prior to development
of the property.
B. POLICIES (resolutions, ordinances, regulations, statutes, etch
• It is the City's policy to facilitate brownfield clean-up and the return of contaminated land to
productive use.
C. CRITICAL TIMING ISSUES:
• The Met Council TBRA grant application is due on November 1, 2016.
D. FINANCIAL IMPACT:
• The City would be requesting grant funds in the amount of $790,000 from the Met Council.
• The grant requires local matching funds, which the Cornerstone Group d/b/a Lyndale Gardens
LLC has pledged.
• The grant agreement has a claw -back provision that provide for the Met Council to be reimbursed
by the City should the project not come to fruition within the required timeframe (3 years).
• Although the TBRA grant agreement has a claw -back provision, the Met Council has never
enforced this provision previously, even when a project failed to be constructed or completed.
• City staff will not execute the agreement without the Cornerstone first having obtained land -use
approvals for the project.
• City staff will not authorize reimbursement of qualified expenditures to the Cornerstone Group
through this grant prior to building permits being issued for the project.
E. LEGAL CONSIDERATION:
The City of Richfield would be the grant recipient and as such, would be subject to the
requirements of the grant agreement.
The City Attorney will review the grant agreement prior to execution.
ALTERNATIVE RECOMMENDATION(B)LI
• Do not approve the resolution.
PRINCIPAL PARTIES EXPECTED AT MEETING:
Colleen Carey, The Cornerstone Group
ATTACHMENTS:
Description Type
D Resolution Resolution Letter
RESOLUTION NO.
RESOLUTION AUTHORIZING THE CITY'S SUBMITTAL OF AN
APPLICATION TO THE METROPOLITAN COUNCILTAX BASE REVITALIZATION
ACCOUNT GRANT PROGRAM FOR CONTAMINATION CLEAN UP ASSOCIATED
WITH THE LYNDALE GARDENS PROJECT
6400 LYNDALE AVENUE
WHEREAS, the City of Richfield is a participant in the Livable Communities Act's
Local Housing Incentives Account Program for 2016 as determined by the Metropolitan
Council, and is therefore eligible to make application apply for funds under the Tax Base
Revitalization Account; and
WHEREAS, the City has identified a contamination cleanup project within the
City that meets the Tax Base Revitalization Account's purpose/s and criteria and are
consistent with and promote the purposes of the Metropolitan Livable Communities Act
and the policies of the Metropolitan Council's adopted metropolitan development guide;
and
WHEREAS, the City has the institutional, managerial and financial capability to
ensure adequate project and grant administration; and
WHEREAS, the City certifies that it will comply with all applicable laws and
regulations as stated in the contract grant agreements; and
WHEREAS, the City finds that the required contamination cleanup will not occur
through private or other public investment within the reasonably foreseeable future
without Tax Base Revitalization Account grant funding; and
WHEREAS, the City represents that it has undertaken reasonable and good faith
efforts to procure funding for the activities for which Livable Communities Act Tax Base
Revitalization Account funding is sought but was not able to find or secure from other
sources funding that is necessary for cleanup completion and states that this
representation is based on the following reasons and supporting facts.
NOW, THEREFORE BE IT RESOLVED, that, the Richfield City Council
authorizes the submittal of an application for Metropolitan Council Tax Base
Revitalization Account grant funds and, if the City is awarded a Tax Base Revitalization
Account grant for this project, the City will be the grantee and agrees to act as legal
sponsor to administer and be responsible for grant funds expended for the project
contained in the Tax Base Revitalization grant application submitted on November 1,
2016.
Adopted by the City Council of the City of Richfield, Minnesota this 25th day of
October, 2016.
Debbie Goettel, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
AGENDA SECTION: RESOLUTIONS
AGENDA ITEM # 12.
STAFF REPORT NO. 190
CITY COUNCIL MEETING
10/25/2016
REPORT PREPARED BY: Elizabeth Finnegan, Civil Engineer
DEPARTMENT DIRECTOR REVIEW: Kristin Asher, Public Works Director
10/18/2016
OTHER DEPARTMENT REVIEW: N/A
CITY MANAGER REVIEW: STEVEN L. DEVICH
10/19/2016
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a resolution requesting an advance payment of 2018-2021 Municipal State Aid (MSA)
funds to cover costs associated with the 66th Street Reconstruction Project.
EXECUTIVE SUMMARY:
Staff recommends the City Council adopt the resolution to request an advancement of the 2018-2021 MSA
allotments to cover right-of-way and construction expenses needed for the completion of the 66th Street
Reconstruction project.
The current balance of Richfield's MSA account is estimated at $36,692, with an estimated 2017 allotment in
February of $1,217,000. In order to fully fund the City's portion of the 66th Street Reconstruction project, staff
recommends requesting $4,000,000 (maximum allowable) of the 2018-2021 construction allotments.
RECOMMENDED ACTION:
By Motion: Adopt the resolution requesting an advancement of 2018-2021 Municipal State Aid street
funds.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
Minnesota Statute 162.14 provides for municipalities to make advances from future year's
allocations for the purpose of expediting construction.
The Minnesota Department of Transportation (Mn/DOT) State Aid Office solicits requests for
advances on a year -by -year basis depending on the current statewide fund balance.
Advance is limited to five times the municipalities' last construction allotment or $4,000,000,
whichever is less.
B. POLICIES (resolutions, ordinances, regulations, statutes, etcy
• Mn/DOT requires that all State Aid Street Fund advances be made via City Council resolution.
C. CRITICAL TIMING ISSUES:
• Mn/DOT notified City staff to submit advance requests by November 18, 2016.
• Mn/DOT State Aid Office considers advance requests on a first come, first serve basis.
D. FINANCIAL IMPACT:
MSA Balance Remaining (1/1/2016) $36,692
Estimated 2017 Allotment $1,217,000
Estimated Account Balance on 2/1/2017 $1,253,692
Total Estimated MSA Disbursement for 66th Street Project $7,800,000
Minus MSA already paid to County in 2016 $2,500,000
Minus Account Balance at 2/1/2017 $1.253.692
Total MSA Funds $4,046,308
2017 Advance Amount Requested $4,000,000*
$4,000,000 is ma)amum allowed advancement
E. LEGAL CONSIDERATION:
• The City Attorney will be available to answer any questions.
ALTERNATIVE RECOMMENDATION(Sl:
• None
PRINCIPAL PARTIES EXPECTED AT MEETING:
None
ATTACHMENTS:
Description Type
❑ MSAAdvance Resolution Resolution Letter
RESOLUTION NO.
RESOLUTION AUTHORIZING AN ADVANCE OF 2018-2021
MUNICIPAL STATE AID STREET FUNDS
WHEREAS, the Municipality of Richfield is planning to implement Municipal State
Aid Street Project(s) in 2017 which will require State Aid funds in excess of those
available in its State Aid Construction Account; and
WHEREAS, said municipality is prepared to proceed with the construction of said
project(s) through the use of an advance from the Municipal State Aid Street Fund to
supplement the available funds in their State Aid Construction Account; and
WHEREAS, the advance is based on the following determination of estimated
expenditures:
Estimated Account Balance as of date 2/1/2017 $ 1,253,692
Less estimated disbursements:
Project # 157-020-028
Bond Principle (if any)
Project Finals (overruns -if any)
Other
Total Estimated Disbursements
$ 5,300,000
$ NA
$ NA
$ NA
Advance Amount (amount in excess of acct balance)
$ 5,300,000
$ 4,000,000
WHEREAS, repayment of the funds so advanced will be made in accordance
with the provisions of Minnesota Statutes 162.14, Subd. 6 and Minnesota Rules,
Chapter 8820.1500, Subp. 10b; and
WHEREAS, the Municipality acknowledges advance funds are released on a
first -come -first -serve basis and this Resolution does not guarantee the availability of
funds.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, Minnesota:
That the Commissioner of Transportation be and is hereby requested to approve this
advance for financing approved Municipal State Aid Street Project(s) of the Municipality
of Richfield in an amount up to $4,000,000 in accordance with Minnesota Rules
8820.1500, Subp. 10b. I hereby authorize repayments from subsequent accruals to the
Municipal State Aid Street Construction Account of said Municipality from future year
allocations until fully repaid.
Adopted by the City Council of the City of Richfield, Minnesota, this 25th day of
October, 2016.
Debbie Goettel, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk