11-20-2017 Special Complete AgendaS P E C IAL C ITY C O U N C IL AN D P L AN N IN G C O MMISSIO N W O R K S E S S IO N
R IC H F IE L D MU N IC IPAL C EN TER, B AR T H O L O ME W R O O M
N O V E MB E R 20, 2017
5:45 P M
C all to order
1.D iscussion regarding a mixed-use development proposal for 6601 1st Avenue.
A djournment
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.
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
November 16, 2017
Council Memorandum No. 107 Planning Commission Memorandum No. 12
The Honorable Mayor Members of the Planning Commission
and City of Richfield
Members of the City Council
Subject: Mixed-Use Development Proposal – 6601 1st Avenue
Council Members and Commissioners:
At the work session on November 20, 2017, at 5:45 p.m., Paul Lynch of PLH Properties
will present an updated preliminary proposal for a mixed-use development at 6601 1st
Avenue. The proposal includes retail space on the street level, with two floors of
residential above.
The Council and Planning Commission discussed an earlier version of the proposal in
August of 2016. No formal proposal was submitted.
Respectfully submitted,
Steven L. Devich
City Manager
SLD:mrb
Email: Assistant City Manager
Department Directors
S P E C IAL C ITY C O U N C IL ME E T IN G
R IC H F IE L D MU N IC IPAL C EN TER, C O U N C IL C H AMB E R S
N O V E MB E R 20, 2017
6:15 P M
C all to order
Open forum (15 mi nutes maximum)
E ach speaker is to keep their comment period to three minutes to allow sufficient time for others. C omments
are to be an opportunity to address the C ouncil on items not on the agenda. I ndividuals who w ish to address
the C ouncil must have registered prior to the meeting.
P ledge of A llegiance
A pproval of the mi nutes of the: (1) S pecial joint C i ty C ouncil, HRA , and P lanning C ommi ssion work session of October
16, 2017; (2) S pecial C ity C ouncil work session of October 17, 2017, for youth commi ssi on interviews; (3) S pecial C ity
C ouncil work session of October 17, 2017, for HRA i nterviews; (4) S pecial joint C i ty C ouncil, HRA , and P lanning
C ommission work session of October 24, 2017; and (5) Regular C ity C ouncil meeti ng of October 24, 2017.
P R E S E N TATIO N S
1.A nnual meeti ng with the F riendship C ity C ommission.
AG E N D A AP P R O VAL
2.A pproval of the A genda
3.Consent C alendar contains several separate items, which are acted upon by the City C ouncil in one
motion. Once the C onsent 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 C ouncil discussion and action. All items listed on the C onsent C alendar are
recommended for approval.
A .C onsi deration of the approval of a resoluti on approving deferral of special assessments against an owner
occupi ed property.
S taff Report No. 187
B .C onsi deration of the renewal of the P ubli c Health and E nvironmental Health Mutual A id A greement.
S taff Report No. 188
C .C onsi deration of the approval of an agreement between the Hennepin C ounty Human S ervices and P ublic
Health D epartment and the C ity of Richfield P olice D epartment for conti nui ng funds for a P olice C adet
and/or C ommunity S ervice Officer position and J oint C ommunity P oli ce P artnership training in 2018.
S taff Report No. 189
D .C onsi deration of the approval of setti ng a public hearing to be held on D ecember 12, 2017, for the
consideration of the renewal of On-S ale Intoxicating and S unday L iquor licenses for 2018 for E l Tejaban
Mexi can Grill, L L C d/b/a E l Tejaban Mexi can Grill, Thompson's F iresi de P i zza, Inc. d/b/a F ireside
F oundry, G M Richfield, L L C d/b/a F our P oints by S heraton Minneapolis A i rport, F renchman’s P ub, Inc.
d/b/a F renchman’s, V P C Richfield P izza, L L C d/b/a Giordano's of Richfield, W iltshire Restaurants, L L C
d/b/a Houlihan’s Restaurant & B ar, P ai san, Inc. d/b/a K han’s Mongoli an B arbeque, Lyn 65, L L C d/b/a Lyn
65 K i tchen & B ar, P izza L uce V II, Inc. d/b/a P izza L uce, Minneapolis-Ri chfi eld A merican L egion P ost 435,
and F red B abcock V F W P ost 5555 d/b/a F our Nickels F ood & D rink.
S taff Report No. 190
E .C onsi deration of the approval of setti ng a public hearing to be held on D ecember 12, 2017, for the
consideration of the renewal of On-S ale Wine and On-S ale 3.2 P ercent Malt L iquor licenses for 2018 for
C hipotle Mexican Grill of C olorado, L L C d/b/a C hipotle Mexican Grill, D avanni's, Inc. d/b/a D avanni's
P i zza & Hot Hoagies, J oy’s P attaya Thai Restaurant, L L C d/b/a Joy's P attaya Thai
Restaurant, Minnesota J unior Hockey Group, L L C d/b/a Minnesota Magi ci ans (located in the Richfield Ice
A rena), My B urger Operations, L L C , d/b/a My B urger, P atrick's F rench B akery, Inc. d/b/a P atrick’s B akery
& C afé, Henry Thou d/b/a Red P epper C hi nese Restaurant.
S taff Report No. 191
F.C onsi deration of the approval of setti ng a public hearing to be held on D ecember 12, 2017, for the
consideration of the renewal of P awnbroker and S econdhand Goods D ealer license for 2018 for Metro
P awn and Gun, Inc.
S taff Report No. 192
4.C onsideration of items, if any, removed from C onsent C alendar
R E S O L U T IO N S
5.C onsideration of the approval of a resolution authorizing the refunding of the $4,550,000 G.O. C apital
Improvement P lan B onds, S eries 2009A , dated J anuary 14, 2009 with the $3,205,000 G.O. C apital
Improvement P lan Refunding B onds, S eries 2017B .
S taff Report No. 193
C L AIMS AN D PAYR O LL S
6.C laims and P ayrolls
Open forum (15 mi nutes maximum)
E ach speaker is to keep their comment period to three minutes to allow sufficient time for others. C omments
are to be an opportunity to address the C ouncil on items not on the agenda. I ndividuals who w ish to address
the C ouncil must have registered prior to the meeting.
7.A djournment
Auxiliary aids for individuals with disabilities are available upon request. R equests must be made at least 96
hours in advance to the C ity Clerk at 612-861-9738.
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Special Joint City Council, Housing and
Redevelopment Authority, and Planning
Commission Work Session
October 16, 2017
CALL TO ORDER
The work session was called to order by Chair Supple at 6:00 p.m. in the Bartholomew Room.
Council Members Pat Elliott, Mayor; Edwina Garcia; Michael Howard; Maria Regan Gonzalez;
Present: and Simon Trautmann.
HRA Members Mary Supple, Chair; Pat Elliott; Michael Howard, Doris Rubenstein, and Sue
Present: Sandahl.
PC Members Erin Vrieze Daniels, Chair; Sean Hayford Oleary; and Allysen Hoberg.
Present:
PC Members Dan Kitzberger; Bryan Pynn; Susan Rosenberg; and Gordon Vizecky.
Absent:
Staff Present: John Stark, Community Development Director; Melissa Poehlman, Assistant
Community Development Director; Julie Urban, Housing Manager
Item #1
LYNDALE GARDENS PROJECT UPDATE
Colleen Carey from The Cornerstone Group introduced the development team (Including
Lawrence Black from The Cornerstone Group, David Carlson from Gatehouse Properties and Eden
Spencer from the Greater Metropolitan Housing Corporation). She explained that the project is being
proposed in three phases: 32 units of for-sale townhomes, apartments, and a retail/restaurant mix.
Ms. Carey provided some details on each phase. Councilmembers and Commissioners shared their
questions and comments. David Carlson presented the apartment-portion of the proposal.
ADJOURNMENT
The work session was adjourned by unanimous consent at 6:41 p.m.
Special joint Council, HRA, & PC Work Session Minutes -2- October 16, 2017
Date Approved: November 20, 2017
_____________________________
Pat Elliott
Mayor
_____________________________ ____________________________
Jared Voto Steven L. Devich
Executive Aide/Analyst City Manager
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Special City Council Work Session
October 17, 2017
CALL TO ORDER
The work session was called to order by Mayor Elliott at 6:03 p.m. in the Babcock Room.
Council Members Pat Elliott, Mayor; Edwina Garcia; Michael Howard; Maria Regan Gonzalez;
Present: and Simon Trautmann.
Item #1
INTERVIEWS OF YOUTH APPLICANTS FOR APPOINTMENTS TO RICHFIELD
ADVISORY BOARD/COMMISSIONS.
The City Council conducted interviews of the following youth applicants for appointment to City
Advisory Board and Commissions:
Grace Verbrugge
Hayley Hadges
Matthew Kiflu
Ruth Kiflu
Diana Bautista
ADJOURNMENT
The work session was adjourned by unanimous consent at 7:05 p.m.
Date Approved: November 20, 2017
_____________________________
Pat Elliott
Mayor
_____________________________ ____________________________
Jared Voto Steven L. Devich
Executive Aide/Analyst City Manager
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Special City Council Work Session
October 17, 2017
CALL TO ORDER
The work session was called to order by Mayor Elliott at 7:05 p.m. in the Babcock Room.
Council Members Pat Elliott, Mayor; Edwina Garcia; Michael Howard; Maria Regan Gonzalez;
Present: and Simon Trautmann.
Item #1
INTERVIEWS FOR HRA CITIZEN APPOINTMENT
The City Council conducted interviews of the following applicants for appointment to the
Richfield Housing and Redevelopment Authority:
Lisa Rudolph
Mary Barnes
Erin Vrieze Daniels
ADJOURNMENT
The work session was adjourned by unanimous consent at 8:21 p.m.
Date Approved: November 20, 2017
_____________________________
Pat Elliott
Mayor
_____________________________ ____________________________
Jared Voto Steven L. Devich
Executive Aide/Analyst City Manager
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Special Joint City Council, Housing and
Redevelopment Authority, and Planning
Commission Work Session
October 24, 2017
CALL TO ORDER
The work session was called to order by Mayor Elliott at 5:30 p.m. in the Bartholomew Room.
Council Members Pat Elliott, Mayor; Edwina Garcia; Michael Howard; Maria Regan Gonzalez;
Present: and Simon Trautmann (arrived at 6:10).
HRA Members Mary Supple, Chair; Pat Elliott; and Michael Howard.
Present:
HRA Members Sue Sandahl.
Absent:
PC Members Erin Vrieze Daniels, Chair; Sean Hayford Oleary; Allysen Hoberg; and Gordon
Present: Vizecky.
PC Members Dan Kitzberger; Bryan Pynn; and Susan Rosenberg.
Absent:
Staff Present: Steven L. Devich, City Manager; John Stark, Community Development
Director; Melissa Poehlman, Assistant Community Development Director;
Julie Urban, Housing Manager; Jim Topitzhofer, Recreation Services Director;
and Jared Voto, Executive Aide/Analyst.
Item #1
COMPREHENSIVE PLAN UPDATE
Assistant Community Development Director Poehlman introduced Lance Bernard, Senior
Associate Planner, and Joe Lampe, Planner/Analyst, from SRF Consulting, the consultant assisting
the City with the comprehensive plan update. Mr. Bernard provided an overview of what the
comprehensive plan is and how updates are driven by regional policies, shared the plan element
requirements, and gave a recap of the public engagement and what has been done with the feedback
received. Mr. Bernard went into further detail of a market analysis being done at the 66th Street and
Nicollet Avenue area, including ideas for the area and design guidelines that will be developed. He
also discussed the Parks Master Plan as part of this process. Lastly, a schedule was provided for the
next steps of the process with plan adoption in August 2018.
Members of the Council, HRA, and Planning Commission commented and asked questions
about resiliency, the outreach efforts and building consensus, the Metropolitan Council’s population
and housing forecasts for Richfield, and the impact of Metro Transit’s Orange Line on density in the
area.
Special joint Council, HRA, & PC Work Session Minutes -2- October 24, 2017
Item #2
AFFORDABLE HOUSING STRATEGIES
Community Development Director Stark introduced the topic and stated this is a continuing
discussion since April.
Housing Manager Urban presented tools and strategies for naturally occurring affordable
housing (NOAH) and shared progress the City has completed since July. She presented a work plan
for immediate action of: defining goals; developing a NOAH preservation policy; incorporating NOAH
policies into comprehensive plan update; applying NOAH preservation strategies to projects receiving
HRA/City assistance that include affordable housing; meet with owners/landlords to solicit feedback;
identify NOAH housing and those buildings at risk; expand the Kids @ Home program; and create a
pilot apartment rehab financing program. She also provided a work plan for potential items for 2018
that included: advanced notice period for sale of rental housing/help preservation buyers buy at-risk
buildings; prohibit Section 8 discrimination; require 60-day notice to tenants; just cause evictions/non-
renewal; building permit fee reductions; and inclusionary housing ordinance.
Members of the Council, HRA, and Planning Commission commented and asked questions
about integrating affordable housing, maintaining and improving NOAH, supporting cost-burdened
renters, improving quality affordable housing without displacing residents, using land use policy to
drive the market, ensuring the City has strong legal standing to pass items because property owners
have rights as well, and support for different policies/ordinances that were discussed during the
presentation.
ADJOURNMENT
The work session was adjourned by unanimous consent at 6:58 p.m.
Date Approved: November 20, 2017
_____________________________
Pat Elliott
Mayor
_____________________________ ____________________________
Jared Voto Steven L. Devich
Executive Aide/Analyst City Manager
CALL TO ORDER
The meeting was called to order by Mayor Elliott at 7:01 p.m. in the Council Chambers.
Council Members Pat Elliott, Mayor; Edwina Garcia; Michael Howard; Maria Regan Gonzalez;
Present: and Simon Trautmann (arrived at 7:03 p.m.).
Staff Present: Steven L. Devich, City Manager; Mary Tietjen, City Attorney; Kristin Asher,
Public Works Director; John Stark, Community Development Director; Jim
Topitzhofer, Recreation Services Director; Jay Henthorne, Chief of
Police/Public Safety Director; Melissa Poehlman, Assistant Community
Development Director; Matt Brillhart, Associate Planner, and Jared Voto,
Executive Aide/Analyst.
OPEN FORUM
None
PLEDGE OF ALLEGIANCE
Mayor Elliott led the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Garcia, S/Regan Gonzalez to approve the minutes of the: (1) Special joint City Council and
Planning Commission work session of October 10, 2017; (2) Special City Council work session of
October 10, 2017; and (3) Regular City Council meeting of October 10, 2017.
Motion carried 4-0. Council Member Trautmann was absent for the vote.
Item #1
ANNUAL MEETING WITH THE PLANNING COMMISSION
Erin Vrieze Daniels, Planning Commission Chair, presented on the work of the Commission
over the previous year.
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
October 24, 2017
Council Meeting Minutes -2- October 24, 2017
Item #2 CONFERRING OF RICHFIELD POLICE DEPARTMENT AWARDS
Chief Henthorne conferred Richfield Police Department awards to the following:
Officer Dean – Medal of Merit
Officer Bataglia – Medal of Merit
Officer Stariha – Medal of Merit
Sergeant Edwards – Department Commendation
Officer Zabala – Department Commendation
Sergeant Sieve – Department Commendation
Officer Sheady – Department Commendation
Officer Smith – Department Commendation
Officer Schipp – Department Commendation
Officer Mendoza – Department Commendation
Item #3
COUNCIL DISCUSSION
Hats Off to Hometown Hits
Mayor Elliott invited everyone to coffee with a cop on October 26.
Council Member Trautmann spoke regarding coyotes in Richfield and not to approach or feed
them; Wood Lake Nature Center and Friends of Wood Lake Half -Haunted House; and invited
residents to visit the remodeled Aldi’s.
Council Member Garcia spoke regarding an event on November 7 at the Pines on the latest
devices for senior and people with disabilities.
Mayor Elliott spoke regarding the pumpkin give away and his enjoyment with meeting more
people of Richfield as Mayor.
Council Member Howard spoke regarding Wood Lake Nature Center and Friends of Wood
Lake Half-Haunted House and thanked the volunteers and staff and the City receiving the Community
Builder Award from Aeon.
Council Member Regan Gonzalez spoke regarding the Community Builder Award from Aeon;
thanked Richfield Police Department for the ceremony; and shared Metropolitan Airports Commission
(MAC) updates including a Noise Oversight Committee listening session on October 25 at the MAC
General Offices and on November 8 MAC District C open house at Bloomington City Hall.
Council Member Howard reminded everyone to vote for the school board election and
referendums.
Item #4
APPROVAL OF THE AGENDA
M/Elliott, S/Trautmann to approve the agenda.
Motion carried 5-0.
Council Meeting Minutes -3- October 24, 2017
Item #5 CONSENT CALENDAR
City Manager Devich presented the consent calendar.
A. Consideration of the approval of resolutions for a Petition and Waiver Agreement and for the
assessment of costs for the abatement of a hazardous property. Staff Report No. 171
RESOLUTION NO. 11424
RESOLUTION APPROVING PETITION AND WAIVER AGREEMENT
WITH RESPECT TO THE SPECIAL ASSESSMENT OF ABATEMENT
COSTS AND ATTORNEY FEE JUDGMENT RELATING TO 7144 4TH
AVENUE S, RICHFIELD, MINNESOTA 55423
RESOLUTION NO. 11425
RESOLUTION ASESSING COSTS INCURRED FOR THE ABATEMENT
OF A HAZARDOUS PROPERTY RELATING TO 7144 4TH AVENUE
SOUTH, RICHFIELD, MINNESOTA 55423
This resolution appears as Resolution No. 11424 and 11425.
B. Consideration of the approval of a resolution amending the 2017-2018 labor agreement with
the International Union of Operating Engineers Local 49. Staff Report No. 172
RESOLUTION NO. 11426
RESOLUTION DESIGNATING CITY'S CONTRIBUTION TOWARDS
HEALTH AND DENTAL INSURANCE PREMIUMS FOR EMPLOYEES
COVERED BY THE INTERNATIONAL UNION OF OPERATING
ENGINEERS LOCAL 49
This resolution appears as Resolution No. 11426.
C. Consideration of the award of contract to Shank Constructors, Inc. for the replacement of lime
slakers in the water plant in the amount of $383,800 and authorizing the City Manager to
approve any contract changes under $100,000 without further City Council authorization. Staff
Report No. 173
D. Consideration of the approval of the purchase of a backhoe loader from Ziegler Inc. for
$135,745 (less $31,375 trade-in allowance, totaling $104,370) for use by the Public Works
Department. Staff Report No. 174
E. Consideration of the approval of a new Therapeutic Massage Enterprise license for
Professional Integrative Bodywork, LLC, located at 2934 66th Street West, Suite 25. Staff
Report No. 175
F. Consideration of the approval of the renewal of the contract with Adesa Minneapolis for 2017-
2018 for auctioning forfeited vehicles from Public Safety/Police. Staff Report No. 176
G. Consideration of the approval of a facility dedication request to dedicate the sledding hill in
Monroe Park to the memory of Nicole Stavros. Staff Report No. 177
H. Consideration of the approval to transfer projects to the Richfield Economic Development
Authority. Staff Report No. 178
RESOLUTION NO. 11427
RESOLUTION RELATING TO THE RICHFIELD ECONOMIC
DEVELOPMENT AUTHORITY; TRANSFERRING CERTAIN PROJECTS
TO SUCH AUTHORITY; AND APPROVING MATTERS IN
CONNECTION THEREWITH
Council Meeting Minutes -4- October 24, 2017
This resolution appears as Resolution No. 11427.
M/Elliott, S/Howard to approve the consent calendar.
Motion carried 5-0.
Item #6
CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT
CALENDAR
None.
Item #7
PUBLIC HEARING REGARDING THE SPECIAL ASSESSMENT ROLL FOR
UNPAID FALSE ALARM USER FEES AGAINST PRIVATE PROPERTY. (S.R.
NO. 179)
Mayor Elliott presented Staff Report No. 179 and opened the public hearing.
M/Garcia, S/Howard to close the public hearing.
Motion carried 5-0.
M/Elliott, S/Howard to approve a resolution adopting the assessment for unpaid false alarm
user fees against private property.
RESOLUTION NO. 11428
RESOLUTION ADOPTING ASSESSMENT FOR
UNPAID FALSE ALARM FEES FROM PRIVATE PROPERTY
Motion carried 5-0. This resolution appears as Resolution No. 11428.
Item #8
PUBLIC HEARING REGARDING 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. 180)
Council Member Regan Gonzalez presented Staff Report No. 180 and opened the public
hearing.
Mark Klein, 6937 Nicollet Ave, spoke regarding their assessment and believed the City erred
in mowing their lawn prior to the date provided on the notice.
City Manager Devich responded the City will look into the matter and respond to Mr. Klein.
M/Howard, S/Elliott to close the public hearing.
Motion carried 5-0.
Council Meeting Minutes -5- October 24, 2017
M/Regan Gonzalez, S/Elliott to approve a resolution adopting the assessment for weed
elimination from private property and removal or elimination of public health or safety hazards from
private property.
RESOLUTION NO. 11429
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. 11429.
Item #9
CANCEL A PUBLIC HEARING TO CONSIDER A RESOLUTION GRANTING
APPROVAL OF THE FINAL PLAT OF THE CEDAR POINT COMMONS
SECOND ADDITION. (S.R. NO. 181)
Council Member Garcia presented Staff Report No. 181 and opened the public hearing.
M/Garcia, S/Regan Gonzalez to cancel a public hearing to consider approval of a final plat for
the Cedar Point Commons Second Addition.
Motion carried 5-0.
Item #10
CONSIDERATION OF THE APPROVAL OF AN ORDINANCE AMENDING
RESIDENTIAL DRIVEWAY REGULATIONS AND CONSIDERATION OF A
RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF SAID
ORDINANCE. (S.R. NO. 182)
Council Member Howard presented Staff Report No. 182. He discussed the impetus for this
change and thanked City staff for their work on the issue. He asked staff to provide additional
information.
Associate Planner Brillhart provided additional information from the staff report.
Mayor Elliott asked if there was a visual to provide more clarification on the changes.
Associate Planner Brillhart displayed pictures provided in the staff report and described the
changes as shown in the diagrams and pictures.
M/Howard, S/Elliott to approve an ordinance amending residential driveway regulations and
approve a resolution authorizing summary publication of an ordinance amending residential driveway
regulations.
RESOLUTION NO. 11430
RESOLUTION APPROVING SUMMARY PUBLICATION
OF AN ORDINANCE TO UPDATE RESIDENTIAL DRIVEWAY
REGULATIONS
Motion carried 5-0. This resolution appears as Resolution No. 11430.
Council Meeting Minutes -6- October 24, 2017
Item #11
CONSIDERATION OF THE APPROVAL OF A RESOLUTION AUTHORIZING
THE CITY OF RICHFIELD TO ENTER INTO A LOCAL ROAD
IMPROVEMENT PROGRAM GRANT AGREEMENT WITH THE MINNESOTA
DEPARTMENT OF TRANSPORTATION FOR $4,310,000 TO BE
USED IN RIGHT-OF-WAY ACQUISITION FOR THE 77TH STREET EXTENSION
AND CROSSING OF TRUNK HIGHWAY 77. (S.R. NO. 183)
Council Member Garcia presented Staff Report No. 183.
M/Garcia, S/Elliott to approve a resolution authorizing the City of Richfield to enter into a Local
Road Improvement Program Grant Agreement with the Minnesota Department of Transportation
(MnDOT Agreement No. 1029344) for $4,310,000 to be used in right-of-way acquisition for the 77th
Street Extension and Crossing of Trunk Highway 77.
RESOLUTION NO. 11431
RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ENTER
INTO A LOCAL ROAD IMPROVEMENT PROGRAM (LRIP) GRANT
AGREEMENT WITH THE MINNESOTA DEPARTMENT OF
TRANSPORTATION FOR $4,310,000 FOR PURCHASE OF RIGHT OF
WAY ASSOCIATED WITH THE 77TH STREET EXTENSION AND
CROSSING OF TRUNK HIGHWAY 77
Motion carried 5-0. This resolution appears as Resolution No. 11431.
Item #12
CONSIDERATION OF THE APPROVAL OF RESOLUTIONS TO EITHER
APPROVE OR DENY A CONDITIONAL USE PERMIT AND VARIANCES FOR
A RESTAURANT WITH A DRIVE-THRU AT 6529 PENN AVENUE, 6545 PENN
AVENUE AND 2210 66TH STREET WEST. (S.R. NO. 184)
Council Member Trautmann presented Staff Report No. 184. He commented he had visited a
Dunkin Donuts in New Hope to listen to the drive thru speaker system. He stated he was in favor of
the application. Council Member Regan Gonzalez asked if the New Hope location had the new
technology. Council Member Trautmann stated he did not know.
Damon Dranchak, Dunkin Donuts Franchisee, stated the location in New Hope did not have
the new technology and described how the technology they were proposing worked.
Council Member Howard commented that he went to the McDonald’s in New Hope, which has
the new technology, and did not believe there would be an issue with noise.
Mayor Elliott discussed the impact of this development on Penn Avenue and felt comfortable
with the proposal.
Council Member Howard asked if the developer/franchisee could assure the Council that they
would work with residents if there were issues. Karla Carlson, Penn Avenue Partners II, assured they
would do everything they can to work with residents on any issues, but doesn’t believe there will be an
issue with the technology and buffer.
Council Meeting Minutes -7- October 24, 2017
Council Member Howard asked about the buffer. Karla Carlson and Assistant Community
Development Director Poehlman stated the additional buffer was agreed to and language is provided
in the approval resolution. Council Member Howard stated his support for the project.
M/Trautmann, S/Regan Gonzalez to approve either a resolution to approve or a resolution to
deny a conditional use permit and variances for a restaurant with a drive-thru at 6529 Penn Avenue,
6545 Penn Avenue and 2210 66th Street West.
RESOLUTION NO. 11433
RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND
VARIANCES FOR A RESTAURANT WITH DRIVE-THRU AT 6529 PENN
AVENUE AND SITE PLAN APPROVAL AT 6545 PENN AVENUE AND
2210 66TH STREET W
Motion carried 5-0. These resolutions appear as Resolution No. 11433.
Item #13
CONSIDERATION OF YOUTH APPOINTMENTS TO CITY ADVISORY
BOARD/COMMISSIONS. (S.R. NO. 185)
Council Member Regan Gonzalez presented Staff Report No. 185.
Council Member Regan Gonzalez read the names and commissions of those appointed:
Ruth Kiflu – Advisory Board of Health
Hayley Hadges – Community Services Commission
Diana Bautista – Community Services Commission
Grace Verbrugge – Human Rights Commission
Matthew Kiflu – Human Rights Commission
M/Regan Gonzalez, S/Elliott to appoint persons to fill vacant youth terms on City advisory
board/commissions.
Motion carried 5-0.
Item #14
CONSIDERATION OF THE CITY COUNCIL'S APPROVAL OF THE MAYOR'S
APPOINTMENT OF A HOUSING AND REDEVELOPMENT
AUTHORITY (HRA) COMMISSIONER. (S.R. NO. 186)
Mayor Elliott presented Staff Report No. 186.
Mayor Elliott commented that although it is the Mayor’s appointment, the cooperative work of
the Council allowed him to solicit feedback from the other Council Members in making a selection and
announced he would request appointment of Erin Vrieze Daniels.
M/Garcia, S/Elliott to approve the Mayor’s appointment of Erin Vrieze Daniels as an HRA
Commissioner for a five year term commencing November 20, 2017 and expiring November 20, 2022.
Motion carried 5-0.
Council Meeting Minutes -8- October 24, 2017
Item #15
CITY MANAGER’S REPORT
City Manager Devich discussed the Richfield Police Department awards and that he was
proud of the RPD. He also discussed the path to getting the 77th Street Underpass completed.
Item #16
CLAIMS AND PAYROLLS
M/Garcia, S/Elliott that the following claims and payrolls be approved:
U.S. Bank 10/24/17
A/P Checks: 262904 - 263299 $ 1,399,399.70
Payroll: 131170 – 131490 - 131825 ; 42783 638,513.73
TOTAL $ 2,037,913.43
Motion carried 5-0.
OPEN FORUM
None.
Item #17
ADJOURNMENT
The City Council Meeting was adjourned by unanimous consent at 8:26 p.m.
Date Approved: November 20, 2017
Pat Elliott
Mayor
Jared Voto Steven L. Devich
Executive Aide/Analyst City Manager
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #3.A.
STAFF REPORT NO. 187
CIT Y COUNCIL ME E T ING
11/20/2017
RE P O RT P RE PA RE D B Y: C hris Regi s, F inance Manager
D E PA RTM E NT D IRE C TOR RE V IE W: S teven L . D evich, C ity Manager
11/3/2017
O TH E R D E PA RTM E NT RE V IE W: N/A
C ITY M A NA G E R RE V IE W: S teven L . D evich, C ity Manager
11/3/2017
I T E M F O R C O UNC I L C O NS I D E RAT IO N:
Consideration of the approval of a resolution approving deferral of special assessments against an
owner occupied pr operty.
E X E C UT IV E S UM M ARY:
Under Minnesota law, c ities are authorized to defer the pay ment of special assessments for any homestead
property that meet certain requirements. T he City Council most recently approved an updated policy for
the deferment of special assessments at the September 12, 2017, City Council meeting.
An application for deferment of special assessments has been received. The property, 6745 W entworth
Avenue, meets the requirements as outlined in the C ity polic y. The amount of the proposed deferred
assessment is $1,936.57.
RE C O M M E ND E D AC T IO N:
By Motion: Approve a resolution approving eligible deferral of special assessments against owner
occupied homestead properties in hardship cases for qualifying owners.
B AS IS O F RE C O M M E ND AT IO N:
A.H IS TOR IC AL C ON TEXT
None
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
Resolution No. 11385, approved by the C ity Council on September 12, 2017, authorizes the City
to approve requests for the deferment of special assessments upon homestead properties owned
by persons 65 y ears of age or older or by persons of permanent total disability, or for members of
the Minnesota National Guard or other military reserves, for whom it would be a hardship to pay
suc h special assessments.
An application for deferral of payment of spec ial assessments has been rec eived. The request is
for the 2017 Alley Paving assessment, payable 2018, in the amount of $1,936.57.
Staff has determined that the applicant is eligible ac cording to the provisions contained in
Resolution No. 11385.
C.C R IT IC AL T IMIN G ISSU E S:
None
D.F IN AN C IAL IMPAC T:
The amount of the spec ial assessment to be deferred is $1,936.57.
E.L E GAL C ON S ID E R AT ION :
None
ALT E R N AT IV E R E C O MME N D AT IO N(S):
Do not approve the resolution deferring the special assessment; however, this may c ause severe
financial hardship for the applicant.
P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G:
None
AT TAC H ME N TS :
D escripti on Type
Resolution Resolution L etter
RESOLUTION NO.
RESOLUTION APPROVING ELIGIBLE DEFERRAL
OF SPECIAL ASSESSMENTS AGAINST OWNER OCCUPIED
HOMESTEAD PROPERTIES IN HARDSHIP CASES FOR QUALIFYING OWNERS
WHEREAS, Resolution No. 11385 was passed by the City Council on September
12, 2017, establishing procedures for deferment of special assessments against owner
occupied homestead properties of persons 65 years of age or older and persons
permanently and totally disabled, and, owned by a person who is a member of the
Minnesota National Guard or other military reserves who is ordered into active military
service for whom it would be a hardship to make payments;
WHEREAS, application for deferral of payment of special assessments have been
made on forms prescribed by the county auditor and the homeowner has furnished the city
the necessary information for determining eligibility in compliance with Minnesota Statutes,
Section 435.193 to 435.195.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield,
Minnesota, that the following owner-occupied property be approved for deferral of special
assessments as listed below:
PROPERTY ID AMOUNT
27-028-24-31-0008 $1,936.57
1. Such deferral of payment of special assessments shall terminate and all amounts
accumulated, plus applicable interest, shall become due upon the occurrence of any
of the following events:
(a) death of the owner, provided that the surviving spouses is not eligible for the
benefits hereunder;
(b) the sale, transfer or subdivision of the property or any part thereof;
(c) if the property should for any reason lose its homestead status; or
(d) if for any reason the taxing authority deferring the payments shall determine
that there would be no hardship to require immediate or partial payment.
2. That the City Clerk is hereby authorized to certify a copy of this resolution to the
County Auditor of Hennepin County, Minnesota.
Passed by the City Council of the City of Richfield, Minnesota this 20th day of November,
2017.
_______________________
Pat Elliott, Mayor
ATTEST
______________________
Elizabeth VanHoose, City Clerk
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #3.B.
STAFF REPORT NO. 188
CIT Y COUNCIL ME E T ING
11/20/2017
RE P O RT P RE PA RE D B Y: J enni fer J . A nderson, S upport S ervices Manager
D E PA RTM E NT D IRE C TOR RE V IE W: J ay Henthorne, D irector of P ublic S afety/C hi ef of P olice
11/2/2017
O TH E R D E PA RTM E NT RE V IE W: N/A
C ITY M A NA G E R RE V IE W: S teven L . D evich, C ity Manager
11/3/2017
I T E M F O R C O UNC I L C O NS I D E RAT IO N:
Consideration of the renewal of the Public Health and Environmental Health Mutual Aid Agreement.
E X E C UT IV E S UM M ARY:
The Public Health and Environmental Health Mutual A id Agreement is designed to strengthen the
preparedness of the public health system in Minnesota. I t was last approved by the Council in late 2011. This
new agreement will be effective from J anuary 1, 2018 - D ec ember 31, 2022.
Minnesota State S tatues Sec tion 471.59 states that political subdivisions of the S tate of Minnesota may jointly
and cooperatively exerc ise powers c ommon to eac h of the contracting parties. I n 2006, a total of eleven
politic al subdivisions met and cooperatively prepared a Public Health Mutual A id Agreement between them to
strengthen the preparedness of the public health sy stem in Minnesota. This mutual aid agreement was
originally approved by the Ric hfield City Council in J anuary 2007.
Emergencies may occ ur in the future which will require loc al public health entities to come to the aid and
assistance of other local public health entities. Therefore, the intent of the agreement is to make personnel,
equipment and other resources available to other partic ipants in the event of an emergenc y, training, drill
and/or exercise.
RE C O M M E ND E D AC T IO N:
By Motion: Approve a Public Health and Environmental Health Mutual Aid Agreement.
B AS IS O F RE C O M M E ND AT IO N:
A.H IS TOR IC AL C ON TEXT
I t should be noted that Richfield does not have its own personnel staffing the food inspec tion area
of Ric hfield but rather c ontracts with the City of Bloomington for these servic es. Nonetheless,
from a legal standpoint, they would like Richfield's individual approval of the agreement.
Hennepin C ounty is proposing renewal of it onc e again with the agreement in effect from J anuary
1, 2018 and terminating December 31, 2022. City Attorney Mary Tietjen has reviewed the
document and approved its contents.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
I t is rec ognized and ac knowledged that in certain situations, including but not limited to, natural
disasters, public health emergencies, tec hnological hazards, man-made disasters, civil
emergencies, community disorders, insurgency or enemy attack, or training, drills or exercises in
preparation for any of these eventualities, the use of personnel, equipment, supplies and/or
services of a local public health entity to perform functions outside its jurisdictional limits is
desirable and nec essary to preserve and protect the health, safety and welfare of the c itizens of
the State of Minnesota.
C.C R IT IC AL T IMIN G ISSU E S:
This new agreement must be approved and forwarded to Hennepin C ounty before D ec ember 31,
2017, so that the City c an c ontinue to partic ipate in the mutual aid agreement.
D.F IN AN C IAL IMPAC T:
N/A
E.L E GAL C ON S ID E R AT ION :
The C ity Attorney has reviewed this agreement and approved its c ontents.
ALT E R N AT IV E R E C O MME N D AT IO N(S):
The C ounc il could decide not to approve the agreement. This would mean that Richfield c ould not
depend on counties or cities within the seven county metro area to provide public health or
environmental health mutual aid to Ric hfield in the event it was needed.
P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G:
N/A
AT TAC H ME N TS :
D escripti on Type
A greement C ontract/A greement
HC Agreement A177649
MUTUAL AID AGREEMENT
Twin Cities Public Health and Environmental Health Entities in Minnesota
THIS Twin Cities Public Health and Environmental Health Entities In Minnesota Mutual
Aid Agreement (“Agreement”) is among the County of Anoka, County of Carver, County of
Dakota, County of Hennepin, County of Ramsey, County of Scott, County of Washington, City
of Bloomington, City of Brooklyn Park, City of Edina, City of Maplewood, City of Minneapolis,
City of Minnetonka, City of St. Paul, City of Richfield, City of Wayzata, and the University of
Minnesota (the “Party” or “Parties” depending on context).
WHEREAS, pursuant to Minnesota Statutes Section 471.59, governmental units of the
State of Minnesota may jointly and cooperatively exercise powers common to each of the
contracting parties; and
WHEREAS, the purpose of this Agreement is to strengthen the preparedness of the
public health and environmental health system in Minnesota; and
WHEREAS, emergencies may occur in the future which will require local public health
and/or environmental health entities to come to the aid and assistance of other local public health
or environmental health entities; and
WHEREAS, the Parties participating in this Agreement have determined that it is in their
best interests to assist one another in the event of an emergency, training, drill or exercise; and
WHEREAS, the intent of this Agreement is to make personnel, equipment, and other
resources available to governmental units in the event of an emergency, training, drill or
exercise.
NOW, THEREFORE, in consideration of the foregoing, the Parties agree as follows:
I. PURPOSE
In certain situations, including but not limited to, natural disasters, public health
emergencies, technological hazards, man-made disasters, civil emergencies, community
disorders, insurgency or enemy attack, disease outbreaks, or special events, or trainings,
drills or exercises in preparation for any of these eventualities, the cooperative use of the
personnel, equipment, supplies and/or services of local governmental units is desirable
and necessary to preserve and protect the health, safety and welfare of the citizens of the
State of Minnesota.
This Agreement only addresses assistance provided by a Participating party in response
to a request made by a Requesting party and does not affect the applicability of Minn.
Stat. § 12.331, Minn. Stat. § 12.33, or other pertinent laws to other activities that may be
undertaken by a political subdivision.
2
The Parties to this Agreement intend that the Agreement serve as a valid written
agreement for mutual aid as required by FEMA in requesting reimbursement for those
reasonable eligible costs incurred as a result of a qualifying emergency.
II. DEFINITIONS
For the purposes of this Agreement, the following terms shall be defined as follows:
A. “Party” or “Parties” means one or more governmental unit(s) that is a signatory to
this Agreement.
B. “Employee” means those personnel currently working for a Party including,
elected and appointed officials, officers and volunteers who are registered with
and under the direction and control of that Party as required by Minn. Stat.
§12.22, subd. 2a (a).
C. “Participating party” means the local public health, environmental health, or
human services authority of a governmental unit that is a Party to this Agreement.
D. “Requesting Official” means the person designated by a Participating party who is
responsible for requesting Assistance from the other Participating parties.
E. “Requesting party” means a Participating party that requests assistance from one
or more other Participating parties.
F. “Assisting Official” means the person designated by a Participating party who is
responsible to determine whether and to what extent that Participating party
should provide assistance to a Requesting party.
G. “Assisting party” means a Participating party that provides Assistance to a
Requesting party under this Agreement.
H. “Assistance” means Public Health, Environmental Health, Behavioral Health, or
Human Services resources, such as personnel, services, equipment, supplies, and
facilities.
I. “Incident” means an occurrence, natural or manmade, that requires a response to
protect life or property. Incidents can, for example, include major disasters,
emergencies, terrorist attacks, terrorist threats, civil unrest, wild land and urban
fires, floods, hazardous materials spills, nuclear accidents, aircraft accidents,
earthquakes, tornadoes, war-related disasters, public health and medical
emergencies, and other occurrences requiring an emergency response, or special
events, or trainings, drills or exercises in preparation for any of these
eventualities.
3
III. PROVISION OF MUTUAL AID
A. Request for Assistance. Whenever, in the opinion of a Requesting Official, there
is a need for Assistance from other Participating parties relating to an Incident, the
Requesting Official may, orally or in writing, call upon the Assisting Official of
any other Participating party to furnish assistance. The Requesting party, within a
reasonable period of time, shall provide each Assisting party with a written
confirmation of the need for assistance including details regarding requested
resources, timelines/schedules and location(s) for Assistance.
B. Response to Request. Upon the oral or written request for Assistance from a
Requesting party, the Assisting Official may authorize and direct the Participating
party’s personnel to provide assistance to the Requesting party. This decision will
be made after considering the needs of the Assisting party and the availability of
resources. Once Assistance has been authorized, the Assisting party, within a
reasonable period of time, shall provide the Requesting party with a written
confirmation of assistance including details regarding the personnel and resources
to be provided and when they will be available.
C. Recall and Release of Assistance. The Assisting Official may at any time recall
such Assistance when in his or her sole discretion or by an order from the
governing body of the Assisting party or its designee, it is considered to be in the
best interest of the Assisting party to do so. The Requesting party may at any
time release an Assisting party or an individual from providing any further
Assistance.
D. State Declared Emergency. If the State of Minnesota or an authorized state
agency declares an emergency, the statutes and administrative rules pertaining to
state declared emergencies shall prevail where they conflict with the provisions of
this Agreement.
E. Command and Control. The Requesting party shall be responsible for command
of the Incident for which Assistance is requested. Resources deployed by the
Assisting party(s) shall be under the direction and control of the Requesting party
until the Assisting Official(s) withdraw assistance; or the Requesting party
delegates direction and control of the Incident to the Assisting party(s). If
direction and control is delegated, the Requesting party shall transfer command in
writing. At a minimum, the writing transferring command shall identify the
Assisting party’s scope of authority and Incident objectives. As necessary, it shall
also identify pertinent legal and policy restraints, cost considerations, and other
pertinent information.
This Agreement does not prevent Participating parties from managing an Incident
under a unified incident command structure, as that term, or a similar term, is
used and commonly accepted in the industry.
4
IV. LIABILITY
The liability of the Parties shall be governed by the provisions herein and by Minnesota
Statute Section 471.59.
A. For purposes of determining total liability for dam ages, the Parties are
considered a single governmental unit and the total liability for all Parties
shall not exceed the limits on governmental liabili ty for a single
governmental unit, subject to the limits of liability under Minnesota Statutes
Chapter 466 and as set forth in Minnesota Statutes, Section 471.59, subd. la(a) as
well as all other applicable laws, rules, and regulations, including common law.
Under no circumstances shall a Party be required to pay on behalf of itself and
other Parties, any amounts in excess of the limits on liability established in
Minnesota Statutes Chapter 466 applicable to any one Party. The statutory limits
of liability for some or all of the Parties may not be added together or stacked to
increase the maximum amount of liability for any Party.
B. Each Party requesting Assistance shall defend, indemnify and hold harmless each
Party providing Assistance, its Employees, officers and elected and appointed
officials against any and all claims brought or actions filed against the Party
providing Assistance and its Employees for injury to, death of, or damage to the
property of any third person or persons, for claims arising from performance
hereunder and/or the provision of Assistance in responding to a request for
Assistance pursuant to this Agreement.
C. For purposes of Minnesota Statutes Chapter 466, the Employees of the Party
providing Assistance are deemed to be employees (as defined in Minn. Stat.
§ 466.01, subdivision 6) of the Party requesting Assistance, but only for purposes
of addressing liability under this Agreement. The Employees of the Party
providing Assistance shall not be considered employees of the Party requesting
Assistance for any other purpose.
D. Each Participating party agrees to promptly notify the other Participating parties if
it knows or becomes aware of any facts or allegations reasonably giving rise to
actual or potential liability, claims, causes of action, judgments, damages, losses,
costs or expenses, including attorney’s fees, involving or reasonably likely to
involve the other Parties, and arising out of acts or omissions related to this
Agreement.
E. No Party to this Agreement or any Employee of any Party shall be liable to any
other Party or to any other person for failure of any Party to furnish Assistance to
any other Party, or for recalling or releasing Assistance as described in this
Agreement.
5
F. If a Party utilizes contractors or agents to provide services or Assistance under
this Agreement, the Party shall execute a contract with any such contractor(s) and
agent(s) including, to the extent practicable, the following language:
“CONTRACTOR shall defend, indemnify, and hold harmless (insert name
of Party/jurisdiction), 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 the
CONTRACTOR, a subcontractor, anyone directly or indirectly employed
by them, and/or anyone for whose acts and omissions they may be liable
in the performance of the services required by this Contract, and against
all loss by reason of the failure of the CONTRACTOR to perform fully, in
any respect, all obligations under this contract.
In order to protect the CONTRACTOR and those listed above under the
indemnification provision, the CONTRACTOR agrees at all times during
the term of this Contract, and beyond such term when so required, to have
and keep in force the following insurance coverages, in amounts equal at
least to the municipal tort liability limits of Minnesota Statutes Chapter
466 or other applicable law as currently in effect or as may be amended
from time to time, unless specific dollar limits are otherwise provided
herein:
(1) Commercial General Liability on an occurrence
basis with contractual liability coverage:
General Aggregate
Products—Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence—Combined Bodily
Injury and Property Damage
(2) Workers’ Compensation and Employer’s Liability:
Workers’ Compensation
As required by Minnesota law.
Employer’s Liability. Bodily injury by:
Accident—Each Accident
Disease—Policy Limit
Disease—Each Employee
(3) Professional Liability—Per Claim and Aggregate
6
The professional liability insurance must be
maintained continuously for a period of two years
after the termination of this Agreement.
An umbrella or excess policy over primary liability insurance coverages is
an acceptable method to provide the required insurance limits.
The above establishes minimum insurance requirements. It is the sole
responsibility of the CONTRACTOR to determine the need for and to
procure additional insurance which may be needed in connection with this
contract. Copies of insurance policies shall be promptly submitted to
(insert name of Party/jurisdiction) upon written request.
The CONTRACTOR shall not commence work until it has obtained
required insurance. The certificate(s) shall name (insert name of
Party/jurisdiction) as the certificate holder and as an additional insured for
the liability coverage(s) with respect to operations covered under the
Contract.
The CONTRACTOR shall furnish to (insert name of Party/jurisdiction)
updated certificates during the term of this Contract as insurance policies
expire. If the CONTRACTOR fails to furnish proof of insurance
coverages, (insert name of Party/jurisdiction) may withhold payments
and/or pursue any other right or remedy allowed under the contract, law,
equity, and/or statute. (Insert name of Party/jurisdiction) does not waive
any rights or assume any obligations by not strictly enforcing the
requirements set forth in this section.
Duty to Notify. The CONTRACTOR shall promptly notify (insert name
of Party/jurisdiction) of any claim, action, cause of action or litigation
brought against CONTRACTOR, its employees, officers, agents or
subcontractors, which arises out of the services contained in this Contract.
The CONTRACTOR shall also notify (insert name of Party/jurisdiction)
whenever CONTRACTOR has a reasonable basis for believing that
CONTRACTOR and/or its employees, officers, agents or subcontractors,
and/or (insert name of Party/jurisdiction) might become the subject of a
claim, action, cause of action, criminal arrest, criminal charge or litigation
arising out of and/or related to the services contained in this Contract.
Failure to provide the notices required by this section is a material
violation of the terms and conditions of this Contract.”
V. WORKER’S COMPENSATION
Each Party shall be responsible for injuries or death of its own Employees “to the extent
required by law”. Each Party will maintain worker’s compensation insurance or self-
insurance coverage, covering its own Employees while they are providing assistance
7
pursuant to this Agreement. Each Party waives the right to sue any other Party for any
worker’s compensation benefits paid to its own Employee or their dependents, even if the
injuries were caused wholly or partially be the negligence of any other Party or
employees.
VI. DAMAGE TO EQUIPMENT, SUPPLIES, FACILITIES
Each Party, to the extent a Party is at fault, shall be responsible for damages to or loss of
its equipment, supplies and facilities while acting within the scope of this Agreement.
VII. CHARGES TO THE REQUESTING PARTY
A. No charges will be levied by a Assisting party to this Agreement for Assistance
rendered to a Requesting party under the terms of this Agreement unless that
Assistance continues for a period of more than eight (8) hours, as measured from
the time Assisting party begins to provide Assistance after being specifically
directed by the Requesting party to perform a task or tasks, unless the Requesting
party is eligible to obtain reimbursement for expenses it incurred during this
period from the United States, the State of Minnesota, or any other source. In that
event the Requesting party shall take all steps necessary to seek reimbursement to
the Assisting party for the actual cost of any Assistance provided during this
initial eight (8) hour period including salaries, overtime, materials and supplies,
and other necessary expenses.
B. If Assistance provided under this Agreement continues for more than eight (8)
hours, the Assisting party shall submit to the Requesting party an itemized bill for
the actual cost of any Assistance provided after the initial eight (8) hour period,
including salaries, overtime, materials and supplies and other necessary expenses;
and the Requesting party shall reimburse the Party providing the Assistance for
that amount. Any such reimbursement request must be submitted in writing to
the Requesting party no later than ninety (90) days after the last day that the
Assisting party provides the assistance.
C. The ability to levy such charges is not contingent upon the availability of federal
or state government funds to reimburse the charges.
VIII. DURATION
This Agreement will become effective as to each Party on the later of the date that the
Party executes this Agreement or January 1, 2018, and shall terminate December 31,
2022, unless terminated sooner pursuant to section XI herein. Copies of the executed
Agreement shall be provided to:
Hennepin County Human Services Public Health Department
Attention: Emergency Preparedness Unit Supervisor
8
1011 First Street South, Suite 215
Hopkins, MN 55343
(612) 543-5220
IX. MERGER AND MODIFICATION
A. The entire Agreement between the Parties is contained herein and this Agreement
supersedes all oral agreements and negotiations between the Parties relating to the
subject matter hereof. The matters set forth in the “WHEREAS” clauses at the
beginning of this Agreement are by this reference incorporated into and made a
part of this Agreement.
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 hereto.
X. WITHDRAWAL
A. Any Party may withdraw from this Agreement with or without cause by providing
thirty (30) days’ prior written notice to the other Parties herein, consistent with
XVI herein. Withdrawal shall not discharge any liability incurred by any Party
prior to withdrawal. Such liability shall continue until discharged by law or
agreement.
C. The terms of Sections II, III, IV, V, VI, XI, and XII shall survive the expiration,
termination or withdrawal from this Agreement.
XI. RECORDS – AVAILABILITY/ACCESS
To the extent required by Minnesota Statutes Section 16C.05, Subd. 5 (as may be
amended), the Parties agree that the any Party, the State Auditor, the Legislative Auditor
or any of their duly authorized representatives, or ultimate funding sources, 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 the other Parties and involve transactions relating to this Agreement. Such
materials shall be maintained and such access and rights shall be in force and effect
during the period of the Agreement and for six (6) years after its termination or
cancellation.
XII. DATA PRIVACY
Each Party, its Employees and subcontractors agree to abide by the provisions of the
Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, the Health
9
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, and as any of the same may be amended.
XIII. COMPLIANCE
Parties shall comply with all applicable federal, state and local statutes, regulations, rules
and ordinances in force or hereafter enacted.
XIV. EXECUTION
Each Party hereto has read, agreed to and executed this Mutual Aid Agreement on the
date indicated. This Agreement may be executed in any number of counterparts, each
counterpart for all purposes being deemed an original and all such counterparts shall
together constitute one and the same agreement.
XV. ADDITIONAL PARTIES AND COUNTERPARTS
A local government unit may become a participant in this Agreement upon execution by
its governing body and the consent of all of the Parties as evidenced by formal action of
their governing bodies. Each Party, at its sole discretion, may designate and authorize an
agent to act on behalf of the Party with respect to granting or withholding approval of the
addition of a new Party under this section.
XVI. CONTRACT ADMINISTRATION
In order to coordinate the services so as to accomplish the purposes of this Agreement,
each Party shall designate a contact person, and provide written notice to all other Parties
of the name and pertinent contact information for that Party’s contact person. Parties
shall update this information in writing as needed to maintain current contact
information.
XVII. DISTRIBUTION OF PROPERTY
Any property belonging to or acquired by any Party shall remain the property of that
Party, until and unless ownership of the property is transferred by sale, donation, or other
means memorialized in writing.
A SIGNATURE PAGE FOR EACH PARTY SHALL BE ATTACHED
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #3.C.
STAFF REPORT NO. 189
CIT Y COUNCIL ME E T ING
11/20/2017
RE P O RT P RE PA RE D B Y: J ay Henthorne, D irector of P ublic S afety/C hi ef of P olice
D E PA RTM E NT D IRE C TOR RE V IE W: J ay Henthorne, D irector of P ublic S afety/C hi ef of P olice
11/2/2017
O TH E R D E PA RTM E NT RE V IE W: N/A
C ITY M A NA G E R RE V IE W: S teven L . D evich, C ity Manager
11/3/2017
I T E M F O R C O UNC I L C O NS I D E RAT IO N:
Consideration of the approval of an agreement between the Hennepin C ounty Human Services and
Public Health D epartment and the City of R ichfield Police D epartment for continuing funds for a Police
Cadet and/or C ommunity Service O fficer position and Joint Community P olice Partnership training in
2018.
E X E C UT IV E S UM M ARY:
Hennepin County has presented an agreement on behalf of the Hennepin County Human Servic es and
Public Health D epartment to furnish a Police Cadet and/or C ommunity Service Officer (C SO) position for
the City of Richfield and its Police Department along with multicultural training for department personnel. The
agreement is a continuation of the 2017 agreement and is for the period of J anuary 1 to D ec ember 31, 2018.
The funding from Hennepin County will not exceed $20,000 for 2018.
RE C O M M E ND E D AC T IO N:
By Motion: Approve an agreement between the Hennepin County Human Services and Public Health
Department and the C ity of Richfield Police D epartment for continuing funds for a Police Cadet and/or
Community S er vice O fficer position and Joint Community Police Partnership training in 2018.
B AS IS O F RE C O M M E ND AT IO N:
A.H IS TOR IC AL C ON TEXT
The Ric hfield Police Department has, in the past, hired a Police C adet with the funding supplied
by Hennepin County. The Department plans on hiring a Cadet and/or C S O this y ear, 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 J oint Community Polic e Partnership (J C P P ) program’s meetings and
trainings (Teen Academy, P MA C, Explorers) for the c ommunity.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
Hennepin C ounty notified the City that they wished to renew the c ontrac t with the C ity of
Richfield.
The Public Safety /Polic e Department wishes to renew the contract with Hennepin County for the
J oint C ommunity Polic e Partnership program.
C.C R IT IC AL T IMIN G ISSU E S:
The agreement must be signed for the J oint Community Police Partnership program to continue
and for funding to be received.
D.F IN AN C IAL IMPAC T:
The total c ost of this agreement shall not exceed twenty thousand dollars ($20,000) to be paid by
Hennepin C ounty in acc ordance with the terms of the agreement.
$5,000 is to be used for J C P P programs.
$15,000 is to be used as salary expense for a Cadet and/or Community Service Officer.
E.L E GAL C ON S ID E R AT ION :
There are no legal considerations.
ALT E R N AT IV E R E C O MME N D AT IO N(S):
The C ounc il may choose to not sign the contract, whic h would make the agreement null and void, with
the County and the department would have to disc ontinue the J C P P program.
P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G:
None
AT TAC H ME N TS :
D escripti on Type
A greement C ontract/A greement
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #3.D.
STAFF REPORT NO. 190
CIT Y COUNCIL ME E T ING
11/20/2017
RE P O RT P RE PA RE D B Y: J enni fer A nderson, S upport S ervices Manager
D E PA RTM E NT D IRE C TOR RE V IE W: J ay Henthorne, D irector of P ublic S afety/C hi ef of P olice
11/2/2017
O TH E R D E PA RTM E NT RE V IE W: N/A
C ITY M A NA G E R RE V IE W: S teven L . D evich, C ity Manager
11/3/2017
I T E M F O R C O UNC I L C O NS I D E RAT IO N:
Consideration of the approval of setting a public hearing to be held on D ecember 12, 2017, for the
consideration of the renewal of On-Sale Intoxicating and Sunday Liquor licenses for 2018 for El
Tejaban Mexican Grill, L LC d/b/a El Tejaban Mexican G rill, Thompson's Fir eside Pizz a, Inc. d/b/a
Fireside Foundry, G M Richfield, L L C d/b/a Four Points by Sheraton Minneapolis Airport, Frenchman’s
Pub, Inc. d/b/a Frenchman’s, V P C Richfield Piz za, L LC d/b/a G iordano's of R ichfield, W iltshire
Restaurants, L LC d/b/a Houlihan’s Restaur ant & B ar, Paisan, Inc. d/b/a K han’s Mongolian Barbeque,
Lyn 65, L L C d/b/a Lyn 65 Kitchen & Bar, P izz a Luce VII, Inc. d/b/a Pizza Luce, Minneapolis-Richfield
American Legion Post 435, and Fred Babcock V FW Post 5555 d/b/a Four Nickels Food & Drink.
E X E C UT IV E S UM M ARY:
Richfield City Ordinance provides that the City C ounc il conduc t a public hearing to consider the renewal of
all On-Sale Liquor license renewals and a date be set for the public hearing. This request is for the approval
of setting the public hearing for December 12, 2017, for the c onsideration of these lic ense renewals.
RE C O M M E ND E D AC T IO N:
By Motion: Approve the setting of a public hearing to be held on December 12, 2017, for the
consideration of the renewal of On-Sale Intoxicating and Sunday Liquor licenses for 2018 for El
Tejaban Mexican Grill, L LC d/b/a El Tejaban Mexican G rill, Thompson's Fir eside Pizz a, Inc. d/b/a
Fireside Foundry, G M Richfield, L L C d/b/a Four Points by Sheraton Minneapolis Airport, Frenchman’s
Pub, Inc. d/b/a Frenchman’s, V P C Richfield Piz za, L LC d/b/a G iordano's of R ichfield, W iltshire
Restaurants, L LC d/b/a Houlihan’s Restaur ant & B ar, Paisan, Inc. d/b/a K han’s Mongolian Barbeque,
Lyn 65, L L C d/b/a Lyn 65 Kitchen & Bar, P izz a Luce VII, Inc. d/b/a Pizza Luce, Minneapolis-Richfield
American Legion Post 435, and Fred Babcock V FW Post 5555 d/b/a Four Nickels Food & Drink.
B AS IS O F RE C O M M E ND AT IO N:
A.H IS TOR IC AL C ON TEXT
The On-Sale Liquor licenses for restaurant establishments will expire on D ec ember 31, 2017.
Hearings must be sc heduled and held before a renewal license may be c onsidered.
The renewal process has been initiated.
Holding the public hearing on Dec ember 12, 2017, will provide ample time to c omplete the
licensing proc ess before J anuary 1, 2018.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
Richfield C ity ordinanc e provides that the C ity Council c onduct a public hearing to c onsider all
On-S ale I ntoxic ating Liquor license renewals.
C.C R IT IC AL T IMIN G ISSU E S:
Current On-Sale I ntoxicating Liquor lic enses will expire on December 31, 2017.
D.F IN AN C IAL IMPAC T:
None
E.L E GAL C ON S ID E R AT ION :
None
ALT E R N AT IV E R E C O MME N D AT IO N(S):
Schedule the hearing for another date; however, this will delay the licensing process.
P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G:
There are no parties expected at the meeting.
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #3.E.
STAFF REPORT NO. 191
CIT Y COUNCIL ME E T ING
11/20/2017
RE P O RT P RE PA RE D B Y: J enni fer A nderson, S upport S ervices Manager
D E PA RTM E NT D IRE C TOR RE V IE W: J ay Henthorne, D irector of P ublic S afety/C hi ef of P olice
11/2/2017
O TH E R D E PA RTM E NT RE V IE W: N/A
C ITY M A NA G E R RE V IE W: S teven L . D evich, C ity Manager
11/3/2017
I T E M F O R C O UNC I L C O NS I D E RAT IO N:
Consideration of the approval of setting a public hearing to be held on D ecember 12, 2017, for the
consideration of the renewal of On-Sale W ine and O n-Sale 3.2 Percent Malt Liquor licenses for 2018
for Chipotle Mexican G rill of Colorado, L LC d/b/a Chipotle Mexican Grill, Davanni's, Inc. d/b/a
Davanni's Piz za & Hot Hoagies, Joy’s Pattaya Thai Restaurant, L L C d/b/a Joy's Pattaya Thai
Restaurant, Minnesota Junior Hockey Group, LL C d/b/a Minnesota Magicians (located in the Richfield
Ice Arena), My B urger O perations, L L C, d/b/a My Burger, Patrick's French B akery, Inc. d/b/a Patrick’s
Bakery & Café, H enry Thou d/b/a Red Pepper Chinese R estaurant.
E X E C UT IV E S UM M ARY:
Richfield City ordinance provides that the City C ounc il conduc t a public hearing to consider the renewal of all
On-Sale W ine and 3.2 Perc ent Malt Liquor license renewals and a date be set for the public hearing. This
request is for the approval of the setting of the public hearing for Dec ember 12, 2017, for the consideration of
these lic ense renewals.
As of August 1, 2017, both Noodles & Co. locations in Ric hfield have decided to discontinue serving liquor
and will not be renewing their license for 2018.
RE C O M M E ND E D AC T IO N:
By Motion: Appr ove the setting of a public hear ing to be held on December 12, 2017, for the
consideration of the renewal of On-Sale W ine and O n-Sale 3.2 Percent Malt Liquor licenses for 2018
for Chipotle Mexican G rill of Colorado, L LC d/b/a Chipotle Mexican Grill, Davanni's, Inc. d/b/a
Davanni's Piz za & Hot Hoagies, Joy’s Pattaya Thai Restaurant, L L C d/b/a Joy's Pattaya Thai
Restaurant, Minnesota Junior Hockey Group, LL C d/b/a Minnesota Magicians (located in the Richfield
Ice Arena), My B urger O perations, L L C, d/b/a My Burger, Patrick's French B akery, Inc. d/b/a Patrick’s
Bakery & Café, H enry Thou d/b/a Red Pepper Chinese R estaurant.
B AS IS O F RE C O M M E ND AT IO N:
A.H IS TOR IC AL C ON TEXT
The On-Sale W ine and 3.2 Percent Malt Liquor licenses for restaurant establishments will expire
on D ec ember 31, 2017.
Hearings must be sc heduled and held before a renewal license may be c onsidered.
The renewal process has been initiated.
Holding the public hearing on Dec ember 12, 2017, will provide ample time to c omplete the
licensing proc ess before J anuary 1, 2018.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
Richfield C ity ordinanc e provides that the C ity Council c onduct a public hearing to c onsider all
On-S ale W ine and 3.2 Percent Malt Liquor lic ense renewals.
C.C R IT IC AL T IMIN G ISSU E S:
Current On-Sale W ine and 3.2 Percent Malt Liquor licenses will expire on December 31, 2017.
D.F IN AN C IAL IMPAC T:
None
E.L E GAL C ON S ID E R AT ION :
None
ALT E R N AT IV E R E C O MME N D AT IO N(S):
Schedule the hearing for another date; however, this will delay the licensing process.
P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G:
There are no parties expected at the meeting.
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #3.F.
STAFF REPORT NO. 192
CIT Y COUNCIL ME E T ING
11/20/2017
RE P O RT P RE PA RE D B Y: J enni fer A nderson, S upport S ervices Manager
D E PA RTM E NT D IRE C TOR RE V IE W: J ay Henthorne, D irector of P ublic S afety/C hi ef of P olice
11/2/2017
O TH E R D E PA RTM E NT RE V IE W: N/A
C ITY M A NA G E R RE V IE W: S teven L . D evich, C ity Manager
11/3/2017
I T E M F O R C O UNC I L C O NS I D E RAT IO N:
Consideration of the approval of setting a public hearing to be held on D ecember 12, 2017, for the
consideration of the renewal of Pawnbroker and Secondhand Goods Dealer license for 2018 for Metro
Pawn and Gun, Inc.
E X E C UT IV E S UM M ARY:
Richfield City ordinance requires that the City Council c onduct a public hearing to c onsider the Pawnbroker
and Secondhand Goods Dealer lic ense renewal and a date be set for the public hearing. This request is for
the approval of the setting of the public hearing for December 12, 2017, for the c onsideration of this license
renewal.
University Cash Co. I nc d/b/a Avi's Pawn will be closing their business at the end of the year and will not be
renewing their license for 2018.
RE C O M M E ND E D AC T IO N:
By Motion: Approve the setting of a public hearing to be held on December 12, 2017, for the
consideration of the renewal of Pawnbroker and Secondhand Goods Dealer license for 2018 for Metro
Pawn and Gun, Inc.
B AS IS O F RE C O M M E ND AT IO N:
A.H IS TOR IC AL C ON TEXT
The Pawnbroker and Sec ondhand Goods Dealer lic ense for pawnshops will expire on December
31, 2017.
Hearings must be sc heduled and held before a renewal license may be c onsidered.
The renewal process has been initiated.
Holding the public hearing on Dec ember 12, 2017, will provide ample time to c omplete the
licensing proc ess before J anuary 1, 2018.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
Richfield C ity ordinanc e provides that the C ity Council c onduct a public hearing to c onsider the
Pawnbroker and Secondhand Goods D ealer license renewal.
C.C R IT IC AL T IMIN G ISSU E S:
Current Pawnbroker and Secondhand Goods Dealer lic enses will expire on D ec ember 31, 2017.
D.F IN AN C IAL IMPAC T:
None
E.L E GAL C ON S ID E R AT ION :
None
ALT E R N AT IV E R E C O MME N D AT IO N(S):
Schedule the hearing for another date; however, this will delay the licensing process.
P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G:
There are no parties expected at the meeting.
AGENDA SECTION:RESOLUTIONS
AGENDA ITEM #5.
STAFF REPORT NO. 193
CIT Y COUNCIL ME E T ING
11/20/2017
RE P O RT P RE PA RE D B Y: C hris Regi s, F inance Manager
D E PA RTM E NT D IRE C TOR RE V IE W: S teven L . D evich, C ity Manager
11/8/2017
O TH E R D E PA RTM E NT RE V IE W: N/A
C ITY M A NA G E R RE V IE W: S teven L . D evich, C ity Manager
11/8/2017
I T E M F O R C O UNC I L C O NS I D E RAT IO N:
Consideration of the approval of a resolution authoriz ing the refunding of the $4,550,000 G.O . Capital
Improvement Plan B onds, Series 2009A, dated January 14, 2009 with the $3,205,000 G .O. Capital
Improvement Plan R efunding Bonds, Series 2017B .
E X E C UT IV E S UM M ARY:
At the September 26, 2017 C ity Council meeting, the City C ounc il passed a resolution authorizing the
refunding of the $4,550,000 G.O. Capital I mprovement Plan Bonds, Series 2009A with the $3,205,000 G.O.
Capital I mprovement Plan Bonds, Series 2017B.
The Series 2009A were one of two bonds issued to financ e the Ric hfield Munic ipal Center. T he Series
2017B issue includes financing to advance refund the Series 2009A bonds for interest savings. T he
refunding is expected to reduce interest expense by approximately $326,257, a reduced par amount
of the bonds of $3,205,000, and the minimum net present value savings required by Minnesota state
law will still be exceeded.
The ty pe of refunding being presented is an Advanc e Crossover refunding. I n an A dvance C rossover
refunding, bonds are issued in advanc e of a specified c all date. The proceeds of the refunding issue are
invested in government sec urities and held in escrow. The money in the escrow is used to pay interest on the
new issue until the c all date. At the call date, the remaining funds in the escrow are then used to redeem/call
the old bonds. At this time, the C ity “crosses over” and begins to make the payments on the new, refunding
bonds.
Acc ordingly, the Series 2017B bonds are being issued to provide funds sufficient for an advanc e crossover
refunding on February 1, 2019. The par amount of the Series 2009A to be called on the c all date is
$2,950,000.
Bids on the 2017B General Obligation Refunding B onds are due in the offices of E hlers & Associates, I nc.
on Monday, November 20, 2017. A representative from Ehlers & Associates, I nc . will be at the City Council
meeting to recommend the succ essful bidder and review attached doc uments, and provide information that is
absent from the resolution and available only after the bidding on the bonds has c losed.
Following Ehlers & Associates, I nc. recommendation it would be appropriate for the C ity Council to award the
bond sale to the qualified buy er and undertake other related ac tions as necessary as delineated in the
approving resolution. The anticipated closing on the 2017B Bonds is scheduled for December 14, 2017.
RE C O M M E ND E D AC T IO N:
By motion: Approve the attached resolution awarding the sale of General Obligation B onds, Series
2017B, in the or iginal aggregate principal amount of $3,205,000; fixing their form and specifications;
directing their execution and delivery; providing for their payment; providing for the escrowing and
investment of the proceeds thereof; providing for the redemption of bonds r efunded thereby; and
rescinding a prior r esolution of the City.
B AS IS O F RE C O M M E ND AT IO N:
A.H IS TOR IC AL C ON TEXT
As part of the construction and financ ing of the Ric hfield Municipal Center, the City issued the
$4,550,000 G.O. Capital I mprovement P lan Bonds, Series 2009A.
As interest rates continue to be at low levels, the C ity’s Municipal Advisor, Ehlers & Assoc iates,
I nc . has recommended a bond refunding of the Series 2009A bonds to take advantage of the low
interest rates and realize interest savings.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
None
C.C R IT IC AL T IMIN G ISSU E S:
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.F IN AN C IAL IMPAC T:
On the basis of Ehlers & Associates, I nc . review, it appears that the c urrent interest rate c limate
makes it feasible to refund the Series 2009A bonds.
The c urrent outstanding principal balanc e of the Series 2009A bonds is $3,375,000. The City will
continue to make princ ipal and interest pay ments up to and on the crossover date.
The $3,205,000 G.O. Refunding B onds, Series 2017B are being issued to provide funds for an
advanc e crossover refunding of the C ity’s G.O. C apital I mprovement Plan Bonds, Series 2009A
on February 1, 2019. The par amount of the Series 2009A bonds at that date will total $2,950,000.
I t is estimated that this refunding under c urrent rates would reduce the debt servic e costs of
paying this debt by an estimated $326,257.
The savings expressed in present value terms is approximately 9.764% of the refunded principal
or $288,034. The minimum savings required by Minnesota state law for a refunding is a present
value savings or at least 3.00%.
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 c urrent
outstanding issues.
E.L E GAL C ON S ID E R AT ION :
Legal C ounsel has reviewed the resolution.
ALT E R N AT IV E R E C O MME N D AT IO N(S):
Disregard the c urrent refunding option, c ontinue to retire the bonded debt as presently sc heduled, and
forego the projec ted savings.
P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G:
Brian Reilly, E hlers & Associates, I nc.
AT TAC H ME N TS :
D escripti on Type
Resolution Resolution L etter
A greement C ontract/A greement
510809v2 JAE RC145-716
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 special meeting of the City Council of the City of Richfield,
Minnesota, was duly held in the City Hall in said City on Monday, November 20, 2017, commencing at
6:15 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 Capital Improvement Plan Refunding
Bonds, Series 2017B, to be issued in the original aggregate principal amount of $3,205,000.
The City Manager presented a tabulation of the proposals that had been received in the manner
specified in the Terms of Proposal for the Bonds. The proposals are attached hereto as EXHIBIT A.
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:
510809v2 JAE RC145-716 2
RESOLUTION NO. __________
A RESOLUTION AWARDING THE SALE OF GENERAL
OBLIGATION CAPITAL IMPROVEMENT PLAN REFUNDING
BONDS, SERIES 2017B, IN THE ORIGINAL AGGREGATE
PRINCIPAL AMOUNT OF $3,205,000; FIXING THEIR FORM
AND SPECIFICATIONS; DIRECTING THEIR EXECUTION
AND DELIVERY; PROVIDING FOR THEIR PAYMENT;
PROVIDING FOR THE ESCROWING AND INVESTMENT OF
THE PROCEEDS THEREOF; AND PROVIDING FOR THE
REDEMPTION OF BONDS REFUNDED THEREBY
BE IT RESOLVED By the City Council of the City of Richfield, Minnesota (the “City”), as
follows:
Section 1. Sale of Bonds.
1.01. Background.
(a) On January 14, 2009, pursuant to Minnesota Statutes, Chapter 475, as amended,
(the “Act”), specifically Section 475.521, the City issued its General Obligation Capital
Improvement Plan Bonds, Series 2009A (the “Prior Bonds”), in the original aggregate principal
amount of $4,550,000, currently outstanding in the aggregate principal amount of $3,375,000, of
which $2,950,000 in principal amount is subject to redemption on or after February 1, 2019.
Proceeds of the Prior Bonds were used to finance the construction of a police/fire/City Hall
complex in the City.
(b) The City is authorized by Section 475.67, subdivisions 4 through 12 of the Act to
issue and sell its general obligation bonds to refund outstanding bonds when determined by the
City Council to be necessary and desirable for the reduction of debt service or interest cost or the
adjustment of maturities of outstanding issues of bonds.
(c) The City finds it necessary and desirable for the reduction of debt service cost to
issue its General Obligation Capital Improvement Plan Refunding Bonds, Series 2017B (the
“Bonds”), in the original aggregate principal amount of $3,205,000, to achieve the partial net cash
advance refunding of the Prior Bonds by (i) paying interest on the 2020 (excluding the interest on
the principal due on the 2019 mandatory sinking fund payment date) through 2029 maturities (the
“Callable Maturities”) of the Prior Bonds to and including February 1, 2019 (the “Redemption
Date”); and (ii) paying the outstanding principal amount of the Callable Maturities of the Prior
Bonds on the Redemption Date.
(d) 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 municipal
advisor in connection with such sale. The actions of the City staff and the City’s 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 found and determined to
be a reasonable offer and is hereby accepted, the proposal being to purchase the Bonds at a price of
$______________ (par amount of $3,205,000, [plus original issue premium of $____________,] [less
510809v2 JAE RC145-716 3
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 2029
True interest cost: ___________________%
1.03. Purchase Contract. The amount of $_______________, being the amount proposed by the
Purchaser in excess of the $3,166,540, shall be credited to the Debt Service Fund hereinafter created or
deposited in the Escrow Fund hereinafter created, as determined by the Finance Manager of the City 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, specifically Section 475.67, subdivisions 4 through 12, in the total principal
amount of $3,205,000, originally dated December 14, 2017, in the denomination of $5,000 each or any
integral multiple thereof, numbered No. R-1, upward, bearing interest as above set forth, and maturing
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 2029
1.05. Optional Redemption. The City may elect on February 1, 2026, and on any day thereafter to
prepay Bonds due on or after February 1, 2027. 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.
[1.08. Mandatory Redemption; Term Bond. To be completed if Term Bonds are requested by the
Purchaser.]
510809v2 JAE RC145-716 4
Section 2. Registration and Payment.
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 February 1, 2018, to the registered owners of record thereof as of the close of business on the
fifteenth day of the immediately preceding month, whether or not such day is a business day.
2.03. Registration. The City will appoint 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) Register. 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
510809v2 JAE RC145-716 5
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 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
moneys 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 those 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 a 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
510809v2 JAE RC145-716 6
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.
Section 3. Form of Bond.
3.01. Execution of the Bonds. The Bonds will be printed or typewritten in substantially the form
set forth in EXHIBIT B.
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 are payable from the General Obligation Capital
Improvement Plan Refunding Bonds, Series 2017B Debt Service Fund (the “Debt Service Fund”) hereby
created. The Debt Service Fund shall be administered by the Finance Manager as a bookkeeping account
separate and apart from all other funds maintained in the official financial records of the City. There is
hereby pledged and irrevocably appropriated and there will be credited to the Debt Service Fund: (i) any
balance remitted to the City upon the termination of the Escrow Agreement (hereinafter defined);
(ii) collection of all taxes hereafter levied for the payment of the Bonds and interest thereon (the
“Taxes”); (iii) 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; (iv) all investment earnings on
funds in the Debt Service Fund; and (v) any and all other moneys which are properly available and are
appropriated by the City Council to the Debt Service Fund. The amount of any surplus remaining in the Debt
Service Fund when the Bonds and interest thereon are paid will be used as provided in Section 475.61,
subdivision 4 of the Act.
4.02. Escrow Fund. A portion of the proceeds of the Bonds in the amount of $_______________
will be deposited in a separate fund (the “Escrow Fund”) maintained by U.S. Bank National Association, in
Saint Paul, Minnesota, acting as escrow agent (the “Escrow Agent”). Such funds will be received by the
Escrow Agent and applied to fund the Escrow Fund or to pay costs of issuing the Bonds. Proceeds of the
Bonds deposited to the Escrow Fund and not used to pay costs of issuance on the Bonds are hereby
irrevocably pledged and appropriated to the Escrow Fund, together with all investment earnings thereon. The
Escrow Fund will be invested in securities maturing or callable at the option of the holder on such dates and
bearing interest at such rates as will be required to provide sufficient funds, together with any cash or other
funds retained in the Escrow Fund, to (i) pay the interest on the Callable Maturities of the Prior Bonds to and
including the Redemption Date; and (ii) pay on the Redemption Date the principal amount of the Callable
Maturities of the Prior Bonds. The Escrow Fund will be irrevocably appropriated to the payment of the
principal of and interest on the Prior Bonds until the proceeds of the Bonds therein are applied to prepayment
of the Prior Bonds. The moneys in the Escrow Fund will be used solely for the purposes herein set forth and
for no other purpose, except that any surplus in the Escrow Fund may be remitted to the City, all in
510809v2 JAE RC145-716 7
accordance with the Escrow Agreement between the City and the Escrow Agent. Any moneys remitted to
the City upon termination of the Escrow Agreement will be deposited in the Debt Service Fund.
4.03. Prior Debt Service Fund. The debt service fund heretofore established for the Prior Bonds
pursuant to the resolution authorizing the issuance and sale of the Prior Bonds (the “Prior Resolution”) shall
be terminated on the Redemption Date, following the redemption of the Prior Bonds, and all monies therein
shall be transferred to the Debt Service Fund herein created.
4.04. General Obligation Pledge. 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 Escrow Fund or 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 Escrow Fund or Debt
Service Fund when a sufficient balance is available therein.
4.05. Pledge of Tax Levies.
(a) To provide moneys for payment of the principal and interest on the Bonds, there is
hereby levied a direct annual irrepealable ad valorem tax 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. Such Taxes will be credited to the Debt Service Fund above provided and will be in the years
and in the amounts attached hereto as EXHIBIT C.
(b) The tax levies are such that if collected in full they, together with estimated
collections of investment earnings (and until the Redemption Date, of all amounts in the Escrow
Fund) and other revenues herein pledged for the payment of the Bonds, 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 levies will be irrepealable so long as any of the Bonds are outstanding and
unpaid, provided that the City reserves the right to reduce the levies in the manner and to the extent
permitted by Section 475.61, subdivision 3 of the Act.
4.06. Cancellation of Prior Levy after Redemption Date. Following the payment in full of all
outstanding principal of and interest on the Prior Bonds on the Redemption Date, the Finance Manager is
hereby directed to certify such fact to and request the Taxpayer Services Division Manager of Hennepin
County, Minnesota (the “Taxpayer Services Division Manager”) to cancel any and all tax levies made for the
Prior Bonds pursuant to the Prior Resolution.
4.07. Certification to Taxpayer Services Division Manager as to Debt Service Fund Amount. It
is determined that the estimated collection of the foregoing 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 will be irrepealable until the Bonds are paid, provided that at the time the City
makes its annual tax levies the Finance Manager may certify to 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. Certificate of Taxpayer Services Division Manager as to Registration. The City Manager is
authorized and 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.
510809v2 JAE RC145-716 8
Section 5. Refunding; Findings; Redemption of Prior Bonds.
5.01. Purpose of Refunding. The Callable Maturities of the Prior Bonds will be called for
redemption on the Redemption Date in the principal amount of $2,950,000. It is hereby found and
determined that based upon information presently available from the City’s municipal advisor, the
issuance of the Bonds, the proceeds of which will be used to refund the Prior Bonds, is consistent with
covenants made with the holders of the Prior Bonds and will result in a reduction of debt service or
interest cost to the City.
5.02. Findings. It is hereby found and determined that based upon information presently available
from the City’s municipal advisor, the issuance of the Bonds will result in a reduction of debt service cost to
the City on the Prior Bonds, such that the present value of such debt service or interest cost savings (the
“Reduction”) is at least three percent (3%) of the debt service on the Prior Bonds. The Reduction, after the
inclusion of all authorized expenses of refunding in the computation of the effective interest rate on the
Bonds, is adequate to authorize the issuance of the Bonds as provided by Section 475.67, subdivision 12 of
the Act.
5.03. Proceeds Pledged to the Escrow Fund. As of the date of delivery of and payment for the
Bonds, proceeds of the Bonds in the amount of $____________ are hereby pledged and appropriated and will
be deposited in the Escrow Fund for the purposes of (i) paying interest on the Callable Maturities of the Prior
Bonds to and including the Redemption Date; and (ii) paying the outstanding principal amount of the
Callable Maturities of the Prior Bonds on the Redemption Date. Proceeds of the Bonds in the amount of
$___________ will be deposited in the Escrow Fund to pay the costs of issuance of the Bonds.
5.04. Securities to Fund Escrow Fund. Securities, if any, purchased from the moneys in the
Escrow Fund will be limited to securities specified in Section 475.67, subdivision 8 of the Act. Ehlers &
Associates, Inc., and/or U.S. Bank National Association as agent for the City, is hereby authorized and
directed to purchase for and on behalf of the City and in its name, appropriate securities to fund the Escrow
Fund. Upon the issuance and delivery of the Bonds, the securities so purchased will be deposited with the
Escrow Agent and held pursuant to the terms of the Escrow Agreement and this resolution.
5.05. Notices of Call for Redemption. The Prior Bonds maturing after the Redemption Date will
be redeemed and prepaid on the Redemption Date in accordance with their terms and in accordance with the
terms and conditions set forth in the form of Notice of Call for Redemption attached hereto as EXHIBIT D,
which terms and conditions are hereby approved and incorporated herein by reference. The registrar for the
Prior Bonds is authorized and directed to send a copy of the Notice of Call for Redemption to each registered
holder of the Prior Bonds.
5.06. Escrow Agreement. On or prior to the delivery of the Bonds, the Mayor and the City
Manager are hereby authorized and directed to execute on behalf of the City an escrow agreement (the
“Escrow Agreement”) with the Escrow Agent in substantially the form now on file with the City Clerk. All
essential terms and conditions of the Escrow Agreement, including payment by the City of reasonable
charges for the services of the Escrow Agent, are hereby approved and adopted and made a part of this
resolution, and the City covenants that it will promptly enforce all provisions thereof in the event of default
thereunder by the Escrow Agent.
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
510809v2 JAE RC145-716 9
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, the City Manager, and the 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. Costs of issuance of the Bonds will be paid by the Escrow
Agent pursuant to the Escrow Agreement.
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 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, and the rebate of excess investment earnings
to the United States.
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.
6.04. Not Qualified Tax-Exempt Obligations. The Bonds are not designated as “qualified
tax-exempt obligations” 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.
510809v2 JAE RC145-716 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 System. 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 accordance with this resolution and the provisions hereof will
apply to the transfer, exchange and method of payment thereof.
510809v2 JAE RC145-716 11
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 all 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.
9.01. Execution of Continuing Disclosure Certificate. “Continuing Disclosure Certificate”
means that certain Continuing Disclosure Certificate executed by the Mayor and the 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.
9.02. 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.
510809v2 JAE RC145-716 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.
510809v2 JAE RC145-716 13
Passed and adopted this 20th day of November, 2017.
Mayor
Attest:
City Clerk
510809v2 JAE RC145-716 A-1
EXHIBIT A
PROPOSALS
510809v2 JAE RC145-716 B-1
EXHIBIT B
FORM OF BOND
No. R-_____ UNITED STATES OF AMERICA $_________
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF RICHFIELD
GENERAL OBLIGATION CAPITAL IMPROVEMENT PLAN REFUNDING BOND
SERIES 2017B
Rate
Maturity
Date of
Original Issue
CUSIP
February 1, 20__ December 14, 2017
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
hereby 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 (calculated on the basis of a 360 day year of twelve 30 day months), payable
February 1 and August 1 in each year, commencing February 1, 2018, 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 Bond 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, 2026, and on any day thereafter to prepay Bonds due on or
after February 1, 2027. 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 $3,205,000 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 November 20, 2017 (the “Resolution”), for the
purpose of providing money to refund in advance of maturity a portion 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, Chapter 475, as amended, specifically
Section 475.67, subdivisions 4 through 12, as amended. The principal hereof and interest hereon are
payable from ad valorem taxes, as set forth in the Resolution to which reference is made for a full
510809v2 JAE RC145-716 B-2
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 taxes pledged, which 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.
This Bond is not a “qualified tax-exempt obligation” within the meaning of Section 265(b)(3) of
the Internal Revenue Code of 1986, as amended.
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 Bond 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 Bond 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 Bond 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 Bond 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 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, statutory, or charter
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 Bond Registrar by
manual signature of one of its authorized representatives.
IN WITNESS WHEREOF, the City of Richfield, Hennepin County, 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: December 14, 2017
CITY OF RICHFIELD, MINNESOTA
(Facsimile) (Facsimile)
Mayor City Manager
510809v2 JAE RC145-716 B-3
____________________________________
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 UNIF GIFT MIN ACT
_________ Custodian _________
(Cust) (Minor)
TEN ENT – as tenants by entireties under Uniform Gifts or Transfers to Minors
Act, State of _______________
JT TEN – as joint tenants with right of
survivorship and not as tenants in common
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:
510809v2 JAE RC145-716 B-4
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, STEMP, 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
Signature of
Officer of Registrar
Cede & Co.
Federal ID #13-2555119
510809v2 JAE RC145-716 C-1
EXHIBIT C
TAX LEVY SCHEDULE
YEAR * TAX LEVY
__________________________________
* Year tax levy collected.
510809v2 JAE RC145-716 D-1
EXHIBIT D
NOTICE OF CALL FOR REDEMPTION
$4,550,000
CITY OF RICHFIELD, MINNESOTA
GENERAL OBLIGATION CAPITAL IMPROVEMENT PLAN BONDS
SERIES 2009A
NOTICE IS HEREBY GIVEN that, by order of the City Council of the City of Richfield, Minnesota
(the “City”), there have been called for redemption and prepayment on
February 1, 2019
all outstanding bonds of the City designated as General Obligation Capital Improvement Plan Bonds,
Series 2009A (the “Bonds”), dated January 14, 2009, having stated maturity dates of February 1 in the years
2020 through 2029, both inclusive, totaling $2,950,000 in principal amount, and with the following CUSIP
numbers:
Year of Maturity Amount CUSIP Number
2020 $230,000 763325 3B1
2022 500,000 763325 3D7
2023 270,000 763325 3E5
2024 285,000 763325 3F2
2025 300,000 763325 3G0
2026 315,000 763325 3H8
2027 330,000 763325 3J4
2028 350,000 763325 3K1
2029 370,000 763325 3L9
The bonds are being called at a price of par plus accrued interest to February 1, 2019, 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 office of Wells Fargo Bank, National Association, in
the City of Minneapolis, Minnesota, on or before February 1, 2019:
Registered/Certified Mail: Air Courier: In Person:
Wells Fargo Bank, N.A.
Corporate Trust Operations
P.O. Box 1517
Minneapolis, MN 55480-1517
Wells Fargo Bank, N.A.
Corporate Trust Services
600 South Fourth Street
MAC N9300-060
Minneapolis, MN 55479
Wells Fargo Bank, N.A.
Northstar East Building
608 2nd Ave. So., 12th 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
510809v2 JAE RC145-716 D-2
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 2011), will satisfy the
requirements of this paragraph.
Dated: ________________.
BY ORDER OF THE CITY COUNCIL OF THE CITY
OF RICHFIELD, MINNESOTA
By /s/ Steven L. Devich
City Manager
City of Richfield, Minnesota
510809v2 JAE RC145-716
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN ) SS.
)
CITY OF RICHFIELD )
I, 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 special meeting of the City Council of the City held on November 20, 2017 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 Capital Improvement Plan
Refunding Bonds, Series 2017B, in the original aggregate principal amount of $3,205,000.
WITNESS My hand officially as such City Clerk and the corporate seal of the City this _______
day of ____________, 2017.
City Clerk
City of Richfield, Minnesota
(SEAL)
510664v2 JAE RC145-716
ADVANCE REFUNDING ESCROW AGREEMENT
Relating to:
$4,550,000
City of Richfield, Minnesota
General Obligation Capital Improvement Plan Bonds
Series 2009A
THIS ADVANCE REFUNDING ESCROW AGREEMENT, dated December 14, 2017 (the
“Agreement”), is made pursuant to Minnesota Statutes, Section 475.67, subdivisions 4 through 12 (the
“Act”), and executed by and between the City of Richfield, Minnesota (the “City”) and U.S. Bank National
Association, Saint Paul, Minnesota, a national banking association (the “Escrow Agent”):
WITNESSETH: That the parties hereto recite and, in consideration of the mutual covenants
contained herein, covenant and agree as follows:
1. The City previously issued its General Obligation Capital Improvement Plan Bonds,
Series 2009A (the “Prior Bonds”), dated January 14, 2009, in the original aggregate principal amount of
$4,550,000, currently outstanding in the aggregate principal amount of $3,375,000, of which $2,950,000 in
principal amount is subject to redemption on or after February 1, 2019. Pursuant to a resolution adopted by
the City Council of the City on November 20, 2017 (the “Resolution”), the City has provided for the issuance
of its General Obligation Capital Improvement Plan Refunding Bonds, Series 2017B (the “Refunding
Bonds”), in the original aggregate principal amount of $3,205,000. On the date hereof, a portion of the
proceeds of the Refunding Bonds will be deposited with the Escrow Agent to be used to defease, redeem, and
prepay a portion of the Prior Bonds and to pay costs of issuance of the Refunding Bonds.
2. The City, in accordance with the Resolution, issued and sold the Refunding Bonds in the
original aggregate principal amount of $3,205,000 and has received proceeds of the Refunding Bonds in the
amount of $__________ (par amount of the Refunding Bonds of $3,205,000, [plus original issue premium of
$________,] [less original issue discount of $_________,] less underwriter’s discount of $_________). The
City has deposited proceeds of the Refunding Bonds in the amount of $_________ to the Escrow Account (as
defined herein), to be allocated as follows: (i) the amount of $__________ shall be invested in securities
which are general obligations of the United States, securities whose principal and interest payments are
guaranteed by the United States (the “Federal Securities”), as described in the schedule which is attached
hereto, marked EXHIBIT A and made a part hereof; (ii) the amount of $_________ shall be an initial cash
deposit in the Escrow Account and shall remain uninvested; (iii) the amount of $__________ shall be applied
by the Escrow Agent to payment of costs of issuance as specified in paragraph 3 hereof; and
(iv) $__________ shall be disbursed to the City on the date hereof for deposit to the Debt Service Fund
established for the Refunding Bonds. The purchased securities and initial cash deposit will be irrevocably
deposited with the Escrow Agent on the date of this Agreement. It is understood and agreed that the dates
and amounts of payments of principal and interest due on the securities so deposited are as indicated in
EXHIBIT B, and that the principal and interest payments due on such securities together with the initial cash
deposit are such as to provide the funds required to pay the interest on the 2020 (excluding the interest on the
principal due on the 2019 mandatory sinking fund payment date) through 2029 maturities of the Prior Bonds
to and including February 1, 2019 (the “Redemption Date”) and to pay the principal of the 2020 (excluding
the principal due on the 2019 mandatory sinking fund payment date) through 2029 maturities of the Prior
Bonds on the Redemption Date, as stated in the Resolution.
510664v2 JAE RC145-716 2
3. The Escrow Agent acknowledges receipt of the Federal Securities described in paragraph 2
hereof and agrees that it will hold such securities in a special escrow account (the “Escrow Account”) created
by the Resolution in the name of the City and will collect and receive on behalf of the City all payments of
principal of and interest on such securities and will remit from the Escrow Account (i) to the paying agent for
the Prior Bonds the funds required to pay the interest on the 2020 (excluding the 2019 mandatory sinking
fund payment date) through 2029 maturities of the Prior Bonds to and including the Redemption Date; and
(ii) to the paying agent for the Prior Bonds the funds needed for the redemption and prepayment of the
outstanding principal amount of the 2020 (excluding the 2019 mandatory sinking fund payment date) through
2029 maturities of the Prior Bonds on the Redemption Date. After provision for payment of the principal of
all remaining Prior Bonds, the Escrow Agent will remit any remaining funds in the Escrow Account to the
City. Of the amounts deposited with the Escrow Agent, the sum of $__________ shall be used by the
Escrow Agent for payment and disbursement of the costs of issuance of the Refunding Bonds as set forth in
EXHIBIT C attached hereto. The Escrow Agent shall return the sum of $__________ to the City in the form
of a check for deposit to the Debt Service Fund established for the Refunding Bonds.
4. In order to ensure continuing compliance with the Internal Revenue Code of 1986, as
amended, and regulations promulgated thereunder (collectively, the “Code”), the Escrow Agent agrees that,
except as otherwise provided herein, it will not reinvest any cash received in payment of the principal of and
interest on the open-market securities held in the Escrow Account. This prohibition on reinvestment shall
continue unless and until an opinion is received by the Escrow Agent from nationally recognized bond
counsel that reinvestments in general obligations of the United States or obligations the principal of and
interest on which are guaranteed as to payment by the United States, as specified in said opinion, may be
made in a manner consistent with the Code. If such obligations are not available, the money may remain
uninvested. Reinvestment, if any, of amounts in the Escrow Account made pursuant to this paragraph may be
made only in direct obligations of the United States of America which mature prior to the next date on which
either principal of or interest on the Prior Bonds is payable.
5. The Escrow Agent expressly waives any lien upon or claim against the moneys and
investments in the Escrow Account.
6. If at any time it shall appear to the Escrow Agent that the money in the Escrow Account
allocable for such use hereunder will not be sufficient to make any of the payments set forth in paragraph 3
due to the holders of any of the Prior Bonds, the Escrow Agent shall immediately notify the City. The City
thereupon shall forthwith deposit in the Escrow Account from funds on hand and legally available to it such
additional funds as may be required to meet fully the amount to become due and payable. The City
acknowledges its obligation to levy ad valorem taxes on all taxable property in the City to the extent required
to produce moneys necessary for this purpose. The City and the Escrow Agent acknowledge receipt of a
verification report from ____________________________, certified public accountants, of even date
herewith, to the effect that such cash and securities are sufficient to comply with the requirements of the Act.
7. The City will not repeal or amend the Resolution which calls the Prior Bonds for redemption
on the Redemption Date. The Escrow Agent shall cause the Notice of Call for Redemption attached hereto as
EXHIBIT D to be mailed not less than sixty (60) days prior to the Redemption Date of the Prior Bonds to the
paying agent for the Prior Bonds for the purpose of giving notice not less than thirty (30) days prior to the
Redemption Date to the registered owners of the Prior Bonds to be redeemed, at their addresses appearing in
the bond register and also to the bank at which the principal of and interest on the Prior Bonds are then
payable.
8. The Escrow Agent shall cause the Notice of Defeasance attached hereto as EXHIBIT E to be
filed with the Municipal Securities Rulemaking Board within ten (10) business days of the issuance of the
Refunding Bonds.
510664v2 JAE RC145-716 3
9. Within thirty (30) days of December 31 of each year the Escrow Account is outstanding, the
Escrow Agent shall submit to the City a report covering all money it shall have received and all payments it
shall have made or caused to be made hereunder during the preceding twelve months. Such report shall also
list all obligations held in the Escrow Account and the amount of money on hand in the Escrow Account on
the last day of December.
10. It is recognized that title to the Federal Securities and money held in the Escrow Account
from time to time shall remain vested in the City but subject always to the prior charge and lien thereon of
this Agreement and the use thereof required to be made by the provisions of this Agreement. The Escrow
Agent shall hold all such money and obligations in a separate special escrow account wholly segregated from
all other funds and securities of the Escrow Agent, and shall never commingle such money or securities with
other money or securities. It is understood and agreed that the responsibility of the Escrow Agent under this
Agreement is limited to the safekeeping and segregation of the funds and securities deposited with it in said
escrow account, the collection of and accounting for the principal and interest payable with respect thereto,
the reinvestment of certain funds in United States Treasury Obligations, State and Local Government Series
with zero interest which are not being held as uninvested cash and the remittance of the funds to the paying
agent as provided in this Agreement.
11. This Agreement is made by the City for the benefit of the holders of the Prior Bonds and is
not revocable by the City, and the investments and other funds deposited in the Escrow Account and all
income therefrom have been irrevocably appropriated for the payment of the principal amount of the 2020
(excluding the 2019 mandatory sinking fund payment date) through 2029 maturities of the Prior Bonds on the
Redemption Date and the interest on the 2020 (excluding the 2019 mandatory sinking fund payment date)
through 2029 maturities of the Prior Bonds to and including the Redemption Date.
12. This Agreement shall be binding upon and shall inure to the benefit of the City and the
Escrow Agent and their respective successors and assigns. In addition, this Agreement shall constitute a
third-party beneficiary contract for the benefit of the holders of the Prior Bonds and said third-party
beneficiaries shall be entitled to enforce performance and observance by the City and the Escrow Agent of
the respective agreements and covenants herein contained as fully and completely as if said third-party
beneficiaries were parties hereto. Any bank into which the Escrow Agent may be merged or with which it
may be consolidated or any bank resulting from any merger or consolidation to which it shall be a party or
any bank to which it may sell or transfer all or substantially all of its corporate trust business shall, if the City
approves, be the successor agent without the execution of any document or the performance of any further
act.
13. The Escrow Agent hereby certifies that it is a financial institution whose deposits are insured
by the Federal Deposit Insurance Corporation and whose capital and surplus is not less than $500,000.
14. The Escrow Agent may at any time resign and be discharged of its obligations hereunder by
giving to the City Manager written notice of such resignation not less than sixty (60) days before the date
when the same is to take effect, provided that the Escrow Agent shall return to the City the pro rata portion of
its fee which is allocable to the period of time commencing on the effective date of such resignation. Such
resignation shall take effect upon the date specified in the notice, or upon the appointment and qualification
of a successor prior to that date. In the event of such resignation, a successor shall promptly be appointed by
the City, and the City Manager shall immediately give written notice thereof to the predecessor escrow agent
and publish the notice in the manner described in this paragraph 14. If, in a proper case, no appointment of a
successor agent is made within forty-five (45) days after the receipt by the City of notice of such resignation,
the Escrow Agent or the holder of any Prior Bond may apply to any court of competent jurisdiction to
appoint a successor escrow agent, which appointment may be made by the court after such notice, if any, as
510664v2 JAE RC145-716 4
the court may prescribe. Any successor escrow agent appointed hereunder shall execute, acknowledge and
deliver to its predecessor escrow agent and to the City a written acceptance of such appointment, and shall
thereupon without any further act, deed or conveyance become fully vested with all moneys, properties,
duties and obligations of its predecessor, but the predecessor shall nevertheless pay over, transfer, assign and
deliver all moneys, securities or other property held by it to the successor escrow agent, shall execute,
acknowledge and deliver such instruments of conveyance and do such other things as may reasonably be
required to vest and confirm more fully and certainly in the successor escrow agent all right, title and interest
in and to any property held by it hereunder. Any bank into which the Escrow Agent may be merged or with
which it may be consolidated or any bank resulting from any merger or consolidation to which it shall be a
party or any bank to which it may sell or transfer all or substantially all of its corporate trust business shall, if
the City approves, be the successor escrow agent without the execution of any document or the performance
of any further act.
15. The Escrow Agent acknowledges receipt of the sum of $_________ as its full compensation
for its services to be performed under this Agreement.
16. The duties and obligations of the Escrow Agent shall be as prescribed by the provisions of
this Agreement and the Escrow Agent shall not be liable hereunder except for failure to perform its duties and
obligations as specifically set forth herein or to act in good faith in the performance thereof and no implied
duties or obligations shall be incurred by the Escrow Agent other than those specified herein.
17. Any notice, authorization, request or demand required or permitted to be given in
accordance with the terms of this Agreement shall be in writing and sent by registered or certified mail
addressed:
If to the City: City of Richfield
6700 Portland Avenue
Richfield, MN 55423
Attention: City Manager
If to the Escrow Agent: U.S. Bank National Association
60 Livingston Avenue
EP-MN-WS3C
St. Paul, MN 55107-2292
Attention: Corporate Trust Services
18. The exhibits which are a part of this Agreement are as follows:
EXHIBIT A Federal Securities
EXHIBIT B Principal and Interest Payments on Federal Securities
EXHIBIT C Costs of Issuance
EXHIBIT D Notice of Call for Redemption
EXHIBIT E Notice of Defeasance
510664v2 JAE RC145-716 S-1
IN WITNESS WHEREOF the parties hereto have caused this Advance Refunding Escrow
Agreement to be duly executed by their duly authorized officers, in counterparts, each of which is deemed to
be an original agreement, as of the date and year first written above.
CITY OF RICHFIELD, MINNESOTA
By
Its Mayor
By
Its City Manager
Security Advice Waiver:
The City acknowledges that to the extent regulations of the Comptroller of the Currency or any other
regulatory entity grant the City the right to receive brokerage confirmations of the security transactions as
they occur, the City specifically waives receipt of such confirmations to the extent permitted by law. The
Escrow Agent will furnish the City with period cash transaction statements that include the detail for all
investment transactions made by the Escrow Agent for all current and future accounts.
IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT:
To help the government fight the funding of terrorism and money laundering activities, Federal law requires
all financial institutions to obtain, verify and record information that identifies each person who opens an
account. For a non-individual person such as a business entity, a charity, a Trust or other legal entity we will
ask for documentation to verify its formation and existence as a legal entity. We may also ask to see financial
statements, licenses, and identification and authorization documents from individuals claiming authority to
represent the entity or other relevant documentation.
(Signature page of the City to the Advance Refunding Escrow Agreement
related to the City’s General Obligation Capital Improvement Plan Bonds, Series 2009A)
510664v2 JAE RC145-716 S-2
Execution page of the Escrow Agent to the Advance Refunding Escrow Agreement, dated as of the date and
year first written above.
U.S. BANK NATIONAL ASSOCIATION
By
Its Vice President
(Signature page of the Escrow Agent to the Advance Refunding Escrow Agreement
related to the City’s General Obligation Capital Improvement Plan Bonds, Series 2009A)
510664v2 JAE RC145-716 A-1
EXHIBIT A
FEDERAL SECURITIES
B-1
510664v2 JAE RC145-716
EXHIBIT B
PRINCIPAL AND INTEREST PAYMENTS ON FEDERAL SECURITIES
510664v2 JAE RC145-716 C-1
EXHIBIT C
COSTS OF ISSUANCE
Municipal Advisor
Rating Agency
Bond Counsel
Bidding Agent
CPA/Verification Report
Paying Agent
Escrow Agent
Hennepin County
TOTAL
In addition to paying the above-referenced costs of issuance, the Escrow Agent shall return the amount of
$___________ to the City for deposit to the Debt Service Fund established for the Refunding Bonds.
510664v2 JAE RC145-716 D-1
EXHIBIT D
NOTICE OF CALL FOR REDEMPTION
$4,550,000
CITY OF RICHFIELD, MINNESOTA
GENERAL OBLIGATION CAPITAL IMPROVEMENT PLAN BONDS
SERIES 2009A
NOTICE IS HEREBY GIVEN that, by order of the City Council of the City of Richfield, Minnesota
(the “City”), there have been called for redemption and prepayment on
February 1, 2019
all outstanding bonds of the City designated as General Obligation Capital Improvement Plan Bonds,
Series 2009A (the “Bonds”), dated January 14, 2009, having stated maturity dates of February 1 in the years
2020 through 2029, both inclusive, totaling $2,950,000 in principal amount, and with the following CUSIP
numbers:
Year of Maturity Amount CUSIP Number
2020 $230,000 763325 3B1
2022 500,000 763325 3D7
2023 270,000 763325 3E5
2024 285,000 763325 3F2
2025 300,000 763325 3G0
2026 315,000 763325 3H8
2027 330,000 763325 3J4
2028 350,000 763325 3K1
2029 370,000 763325 3L9
The bonds are being called at a price of par plus accrued interest to February 1, 2019, 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 office of Wells Fargo Bank, National Association, in
the City of Minneapolis, Minnesota, on or before February 1, 2019:
Registered/Certified Mail: Air Courier: In Person:
Wells Fargo Bank, N.A.
Corporate Trust Operations
P.O. Box 1517
Minneapolis, MN 55480-1517
Wells Fargo Bank, N.A.
Corporate Trust Services
600 South Fourth Street
MAC N9300-060
Minneapolis, MN 55479
Wells Fargo Bank, N.A.
Northstar East Building
608 2nd Ave. So., 12th 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
510664v2 JAE RC145-716 D-2
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 2011), will satisfy the
requirements of this paragraph.
Dated: ________________.
BY ORDER OF THE CITY COUNCIL OF THE CITY
OF RICHFIELD, MINNESOTA
By /s/ Steven L. Devich
City Manager
City of Richfield, Minnesota
510664v2 JAE RC145-716 E-1
EXHIBIT E
NOTICE OF DEFEASANCE
$4,550,000
CITY OF RICHFIELD, MINNESOTA
GENERAL OBLIGATION CAPITAL IMPROVEMENT PLAN BONDS
SERIES 2009A
NOTICE IS HEREBY GIVEN to the holders of the above-described bonds (the “Bonds”), dated
January 14, 2009, and maturing on February 1 of the years and amounts shown below, that U.S.
Government Securities were deposited with U.S. Bank National Association, Saint Paul, Minnesota (the
“Escrow Agent”), in an amount sufficient to defease the principal of the 2020 (excluding the principal due
on the 2019 mandatory sinking fund payment date) through 2029 maturities of such Bonds and pay the
interest on the 2020 (excluding the interest on the principal due on the 2019 mandatory sinking fund payment
date) through 2029 maturities of the Bonds to and including the redemption date. The outstanding Bonds
will be redeemed and prepaid in full on February 1, 2019, and are identified below by CUSIP number:
Year of Maturity Amount CUSIP Number
2020 $230,000 763325 3B1
2022 500,000 763325 3D7
2023 270,000 763325 3E5
2024 285,000 763325 3F2
2025 300,000 763325 3G0
2026 315,000 763325 3H8
2027 330,000 763325 3J4
2028 350,000 763325 3K1
2029 370,000 763325 3L9
Dated: _____________, 2017
U.S. BANK NATIONAL ASSOCIATION, as
Escrow Agent