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02-11-2019 Regular AgendaR EG U LAR C IT Y C O U N C IL MEET IN G R IC H F IE L D MU N IC IPAL C E N TE R, C O U N C IL C H AMB E R S FE B R U ARY 11, 2019 7:00 P M IN TR O D U C TO RY P R O C E E D IN G S C all to order Open forum (15 minutes 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 wish to address the C ouncil must have registered prior to the meeting. P ledge of A llegiance A pproval of the minutes of the regular C ity C ouncil meeting of January 22, 2019. P R E S E N TATIO N S 1.Mayor for the D ay E ssay by Hazel B ieganek C O U N C IL D ISC U SSIO N 2.Hats Off to Hometown Hits AG E N D A APPR O VAL 3.A pproval of the A genda 4.Consent Calendar contains several separate items, which are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action on these items is necessary. However, any Council Member may request that an item be removed from the Consent Calendar and placed on the regular agenda for Council discussion and action. All items listed on the Consent Calendar are recommended for approval. A .C onsideration of the approval of a S mall W ireless F acility C ollocation A greement with New C ingular Wireless P C S , L L C , d/b/a AT&T Mobility, that sets forth the terms and conditions of collocation on wireless support structures within C ity right-of-way. S taff Report No. 22 B .C onsideration of the adoption of a resolution to adopt the Richfield S urface Water Management P lan. S taff Report No. 23 C .C onsideration of the adoption of a resolution authorizing the C ity of Richfield to accept grant funds of $10,000 and enter into S ource Water P rotection C ompetitive Grant A greement No. 152466 with Minnesota D epartment of Health (M D H) to permanently seal unique well no. 206330 (Wood L ake). S taff Report No. 24 D .C onsideration of the approval of the first reading of an ordinance amending S ection 617 of the Richfield C ity C ode regulating food establishments for consistency with recently updated S tate regulations. S taff Report No. 25 5.C onsideration of items, if any, removed from C onsent C alendar PR O P O S E D O R D IN AN C E S 6.C onsideration of the second reading of an ordinance amending S ection 300 of the Richfield C ity C ode to formally establish the offices of C ity Treasurer and C ity C lerk. S taff Report No. 26 R E S O L U T IO N S 7.C onsideration of the adoption of a resolution approving the contract with the L abor and Trades L ocal 49 for the period J anuary 1, 2019 through D ecember 31, 2020 and authorize the C ity Manager to execute the agreement. S taff Report No. 27 8.C onsideration of the adoption of a resolution establishing a policy for advisory boards and commissions appointment preference. S taff Report No. 28 O T H E R B U S IN E S S 9.C onsideration of the approval of agreements with non-profit organizations to provide social services to the C ity of Richfield and authorization of the C ity Manager to execute agreements with those agencies. S taff Report No. 29 C LO SED EXEC U T IVE S E S S IO N 10.C losed S ession pursuant to Minnesota S tatutes, S ection 13D .05, S ubd. 3(b) for an attorney-client privileged discussion of Hennepin C ounty D istrict C ourt F ile No. 27-C V-18-16502 involving the C ity’s acquisition of the Motel 6 P roperty located at 7636 C edar Avenue S outh, Richfield, Minnesota. R E S O L U T IO N S 11.C onsideration of the adoption of a resolution authorizing a stipulated award of commissioners for the acquisition of the Motel 6 P roperty as required for the construction of the 77th S treet/Richfield P arkway project. S taff Report No. 30 C IT Y MAN AG E R’S R E P O R T 12.C ity Manager's Report C LAIMS AN D PAYR O L LS 13.C laims and P ayrolls Open forum (15 minutes 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 wish to address the C ouncil must have registered prior to the meeting. 14.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. CALL TO ORDER The meeting was called to order by Mayor Regan Gonzalez at 7:00 p.m. in the Council Chambers. Council Members Maria Regan Gonzalez, Mayor; Edwina Garcia; Mary Supple; and Simon Present: Trautmann. Staff Present: Katie Rodriguez, City Manager; Brian Lehinger, City Attorney; Jay Henthorne, Chief of Police; John Stark, Community Development Director; Chris Regis, Finance Director; Kris Weiby, Acting Recreation Services Director; Jennifer Anderson, Support Service Supervisor; Neil Ruhland, Media Coordinator; and Jared Voto, Executive Aide/Analyst. OPEN FORUM None. PLEDGE OF ALLEGIANCE Mayor Regan Gonzalez led the Pledge of Allegiance. APPROVAL OF MINUTES M/Regan Gonzalez, S/Trautmann to approve the minutes of the: (1) Special City Council work session of January 3, 2019; (2) City Council meeting of January 8, 2019; and (3) Special City Council work session of January 12, 2019. Motion carried 4-0. Item #1 PROCLAMATION: BLACK HISTORY MONTH IN THE CITY OF RICHFIELD Mayor Regan Gonzalez read the proclamation and presented it to the Brett Stursa, Chair of the Human Rights Commission. Council Member Garcia read a number of facts related to Black History Month. CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting January 22, 2019 Council Meeting Minutes -2- January 22, 2019 Item #2 POLICE DEPARTMENT AWARDS:  2018 OFFICER OF THE YEAR DYLAN SCHULTZ  COP OFFICER OF THE YEAR MIRANDA SOLDOW  TRAFFIC SAFETY OFFICER OF THE YEAR NICHOLAS SCHIPP Council Member Garcia introduced Chief Henthorne and thanked the entire Police Department for their work. Chief Henthorne discussed the awards and presented them to Officer Soldow and Officer Schultz. Officer Schipp was unable to attend the meeting and would receive his award at another time. Mayor and Council Members thanked the Police Department for their professionalism and work in the community. Item #3 COUNCIL DISCUSSION  Hats Off to Hometown Hits Council Member Supple spoke regarding the Arts Commission is seeking poems to be sandblasted in the sidewalk on east 66th Street from Portland to Cedar; gave thanks to the Wood Lake Naturalists who did a great job with Richfield students ; and invited residents of Ward 3 to vote in the upcoming special election on February 12, or vote absentee at the Municipal Center. Council Member Trautmann spoke regarding a Recreation Services Department program on January 28 from 9 a.m. to 3 p.m. at Central School for Home Alone Safety Day that trains children ages 9-12 to safely stay home alone. Council Member Garcia spoke regarding Richfield’s winter farmers market on January 25 at 3 p.m.; on February 15 at 7:45 a.m. the City Council will be meeting with state legislators; on February 19 at 10 a.m. a naturalization ceremony is being held at Holy Angels Academy; Friends of the Richfield Band Shell is continuing to sell personalized bricks to raise funds for the project; Mayor Regan Gonzalez was interviewed last week by WCCO and MPR and was master of ceremonies at Attorney General Keith Ellison’s get-together; and thanked City Manager Rodriguez for attending advisory commission interviews and putting in time to connect with citizens . Council Member Trautmann noted the decision of the Richfield Housing and Redevelopment Authority’s decision to provide funding in March, if needed, for residents receiving Section 8 housing funds. The federal government, due to the partial shutdown, does not have funds available past February. Mayor Regan Gonzalez discussed attending former Mayor Loren Law’s funeral and having the opportunity to meet his family and learn more about his service to Richfield. She spoke about the City’s podcast – That’s Rich(field) – and encouraged people to listen; she attended the League of Women Voters candidate forum last Saturday and encouraged residents to vote at the special election on February 12; Coffee with a Cop will be held on January 31 from 10 a.m. to 12 p.m. at Local Roots (817 E 66th St); and the State of the Community will be held on February 20 from 5:30 to 7 p.m. at the Richfield Middle School auditorium. Council Meeting Minutes -3- January 22, 2019 Item #4 APPROVAL OF THE AGENDA M/Trautmann, S/Supple to approve the agenda. Motion carried 4-0. Item #5 CONSENT CALENDAR City Manager Rodriguez presented the consent calendar. A. Consideration of the adoption of a resolution supporting hazard mitigation planning efforts and adopting the Hennepin County All-Hazard Mitigation Plan. (S.R. No. 12) B. Consideration of the approval for a Temporary On-Sale Intoxicating Liquor license for the Blessed Trinity Catholic School, located at Church of St. Richard, 7540 Penn Avenue South, for their 2019 Sno*ball Dance taking place February 9, 2019. (S.R. No. 13) C. Consideration of the approval of a Temporary On -Sale Intoxicating Liquor license for the Church of St. Peter, located at 6730 Nicollet Avenue South, for their Ham Bingo event taking place on March 30, 2019. (S.R. No. 14) D. Consideration of the approval of a Temporary On -Sale Intoxicating Liquor license for the Church of St. Peter, located at 6730 Nicollet Avenue South, for their Spaghetti Dinner event taking place on February 10, 2019. (S.R. No. 15) E. Consideration of the approval of the continuation of an agreement with the City of Bloomington for the provision of public health services for the City of Richfield for 2019. (S.R. No. 16) F. Consideration of the approval of a Declaration of Covenants related to the use of City property by CPII Development, LLC for the construction of a public pocket park at approximately 63rd Street East and Richfield Parkway. (S.R. No. 17) G. Consideration of the approval of the first reading of an ordinance amending Section 300 of the Richfield City Code to formally establish the offices of City Treasurer and City Clerk. (S.R. No. 18) H. Consideration of the adoption of a resolution supporting a grant application to the Minnesota Department of Employment and Economic Development for the Cedar Point II Housing redevelopment project. (S.R. No. 19) M/Garcia, S/Trautmann to approve the consent calendar. Motion carried 4-0. Item #6 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT CALENDAR None. Council Meeting Minutes -4- January 22, 2019 Item #7 CONSIDERATION OF THE ADOPTION OF A RESOLUTION ACCEPTING GRANTS AND DONATIONS RECEIVED BY THE RICHFIELD RECREATION SERVICES DEPARTMENT IN 2018 AND AUTHORIZING THE RECREATION SERVICES DEPARTMENT TO ADMINISTER THE FUNDS IN ACCORDANCE WITH ANY APPLICABLE GRANT AGREEMENTS AND TERMS PRESCRIBED BY DONORS. (S.R. NO. 20) Council Member Trautmann presented Staff Report No. 20. M/Trautmann, S/Supple to adopt a resolution accepting grants and donations received by the Richfield Recreation Services Department in 2018 and authorizing the Recreation Services Department to administer the funds in accordance with any applicable grant agreements and terms prescribed by donors. Mayor and Council Members thanked the donors for their support of the Recreation Services Department and their programs. Motion carried 4-0. Item #8 CONSIDERATION OF APPOINTMENTS TO CITY ADVISORY COMMISSIONS. (S.R. NO. 21) Mayor Regan Gonzalez presented Staff Report No. 21 and read the list of commission appointees. M/Supple, S/Trautmann to appoint persons to fill the expiring or vacant terms on City advisory commissions. Mayor Regan Gonzalez discussed having more applicants than positons available over the last few years and wanted to discuss options to consider related to the terms of commissioners. City Manager Rodriguez provided the number of applicants and vacancies over the last three years. She also discussed a previous re solution from 1993 that laid out preferences for appointment of new commissioners over current commissioners and discussed options for the Council to consider. Council Members discussed the idea of having a policy or guidelines for appointments and that ultimately appointment was at the discretion of the City Council. Council Members though this could be a work session item and would want to think about it more before making a decision at a future meeting. Mayor Regan Gonzalez discussed having a clear and transparent in policy so that the Council is consistent in their appointments and residents would better understand the appointment process. Council Members discussed how impressed they were with all the applicants and the difficulty in selecting commissioners when everyone was highly qualified. Motion carried 4-0. Council Meeting Minutes -5- January 22, 2019 Item #9 CITY MANAGER’S REPORT City Manager Rodriguez stated she had nothing to report. Item #10 CLAIMS AND PAYROLLS M/Garcia, S/Supple that the following claims and payrolls be approved : U.S. Bank 01/22/19 A/P Checks: 274355 - 274765 $ 6,056,711.85 Payroll: 142260 - 142573 ; 43032 644,451.76 TOTAL $ 6,701,163.61 Motion carried 4-0. OPEN FORUM None. Item #11 ADJOURNMENT The meeting was adjourned by unanimous consent at 7:58 p.m. Date Approved: February 11, 2019 Maria Regan Gonzalez Mayor Jared Voto Katie Rodriguez Executive Aide/Analyst City Manager AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #4.A. STAFF RE P ORT NO. 22 CIT Y COUNCIL ME E T ING 2/11/2019 RE P O RT P RE PA RE D B Y: Jeff P earson, C ity E ngineer D E PA RTME NT D IRE C TO R RE V IE W: K ristin A sher, P ublic Works D irector 2/5/2019 O THE R D E PA RTM E NT RE V IE W: N/A C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager 2/6/2019 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consideration of the approval of a Small W ireless Facility Collocation Agreement with New Cingular Wireless P C S, LL C, d/b/a AT&T Mobility, that sets forth the terms and conditions of collocation on wireless support structures within City right-of-way. E X E C UT IV E S UM M ARY: State legislation was passed in 2017 that established statewide requirements for cities to allow wireless companies to install small cell facility networks in the public right-of-way. The small cell facility networks are commonly known as "small cell wireless" equipment and distributed antenna systems. Although the legislation limited many actions the City can take to control the placement of the small cell facilities in the public right-of-way, it did allow for the City to enact a permitting process for the facilities. City Council approved amendments to the right-of-way ordinance (City Code Section 802) in 2017 to provide additional controls and management if small cell wireless companies choose Richfield as an installation site. The code amendment included the following requirement for a Small W ireless Facility Agreement: A smal l wi reless faci l i ty shal l onl y be coll ocated on a small wirel ess support structure owned or control l ed by the city, or any other ci ty asset i n the ri ght-of-way, after the appl icant has executed a standard small wirel ess faci li ty coll ocation agreement with the city. The agreement under consideration originated as a draft from the League of Minnesota Cities. A number of revisions were then worked out between the City Attorney and AT&T attorneys before a final draft was completed and signed by the AT&T representative. RE C O M M E ND E D AC T I O N: By motion: Approve the Small Wireless Facility Collocation Agreement with New Cingular Wireless P C S, L LC, d/b/a AT&T Mobility, that sets forth the terms and conditions of collocation on wireless support structures within City right-of-way. B AS IS O F RE C O M M E ND AT I O N: A.H IS TOR IC AL C ON T E X T W ireless and cellular service providers are looking for solutions to provide better and more reliable service to customers. One method of enhancing service is to install "small cell" antennas to fill in areas with poor existing coverage. State legislation was passed in 2017 that allows these antennas to be installed in the right-of-way. The City of Richfield adopted an ordinance on September 12, 2017 amending City Code Section 802 enacting an agreement and permitting process for small cell facilities within City right-of-way. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Section 802 of the Richfield City Code depicts the City's current practices of permitting the use within rights-of-way. Minnesota Statutes, Section 237.162, defines public right-of-way including management of standards and costs. Minnesota Statutes, Sections 237.16, 237.162, 237.163, 237.79, 237.81, and 238.086 (the "Act") and 2017 Session Laws, Chapter 94, amending the Act, are interpreted with consideration of small cell wireless technology. C.C R IT IC AL T IMIN G IS S U E S: An approved agreement must be in place before the City can permit small cell facilities collocated on existing right-of-way support features. D.F IN AN C IAL IMPAC T: The City is allowed to charge fees on the permit review as well as charge rent for facilities located in the right-of-way and on City-owned support features. E.L E GAL C ON S ID E R AT ION: The City Attorney has reviewed the agreement and will be available to answer questions. ALTE R N AT IV E R E C O MME N D ATIO N(S): None P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: None AT TAC H ME N T S: D escription Type A greement C ontract/A greement AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #4.B. STAFF RE P ORT NO. 23 CIT Y COUNCIL ME E T ING 2/11/2019 RE P O RT P RE PA RE D B Y: Jeff P earson, C ity E ngineer D E PA RTME NT D IRE C TO R RE V IE W: K ristin A sher, P ublic Works D irector 2/5/2019 O THE R D E PA RTM E NT RE V IE W: N/A C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager 2/6/2019 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consideration of the adoption of a resolution to adopt the Richfield Surface Water Management Plan. E X E C UT IV E S UM M ARY: Richfield's Surface Water Management Plan (S W MP) sets the course for the City's management of stormwater and water resources within the City. T he SWMP, which is required to be renewed every ten years, provides data and other background information on our water resources, assesses the citywide and specific issues related to these water resources, and sets goals and policies for the City to pursue. T he SWMP then lays out an implementation program to achieve the City's goals. This S W MP was reviewed by the Metropolitan Council and the area Water Management Organizations (W MOs) and following the City’s response to provided comments, was approved by the W MOs. I n addition to the official 60-day review period required by statute, the City sought public input from residents during S W MP development. City staff distributed a water resource management survey between May 2017 and August 2017. The survey included eight questions intended to identify residents’ principal water resource management concerns and gauge the degree to which residents are willing to perform (or already practice) good water resource stewardship through their actions. The draft S W MP was presented to the Community Services Commission on March 20, 2018 and to the City Council at a work session on J uly 24, 2018 prior to the 60-day review period. Comments from the City meetings and those received during the 60-day review period were addressed in the final version of the S W MP. Due to its size, only the S WMP's executive summary is attached to this report. T he full version of the final SWMP is available at: http://www.richfieldmn.gov/departments/public-works/surface-water-management-plan RE C O M M E ND E D AC T I O N: By motion: Adopt a resolution adopting the Richfield Surface W ater Management Plan. B AS IS O F RE C O M M E ND AT I O N: A.H IS TOR IC AL C ON T E X T Richfield's S W MP is required to be renewed every ten years. The S W MP was reviewed by the Metropolitan Council, relevant W MOs, and the public. The required 60-day review period concluded August 23, 2018. For the City to be in compliance with statute, the City Council must formally adopt the final S W MP. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): The S W MP was developed consistent with the requirements and procedures described in Minnesota Statutes sections 103B.201 & 103B.235 and Minnesota Board of W ater and Soil Resources Rules 8410. The S W MP was also developed with c onsideration for the requirements of the Metropolitan Council, Minnehaha Creek W atershed District, Nine Mile Creek Watershed District, and Richfield Bloomington W atershed Management Organization. The S W MP will be included as an appendix to the City's Comprehensive Plan. C.C R IT IC AL T IMIN G IS S U E S: Although the S W MP is technically complete, the plan must be formally adopted by the City Council for the City to be compliant with statutory requirements. D.F IN AN C IAL IMPAC T: There are no financial impacts to the City by adopting the S W MP. Capital improvements identified in the plan are for planning purposes only and will go through an approval process before implementation. E.L E GAL C ON S ID E R AT ION: The City Attorney will be present to answer any questions. ALTE R N AT IV E R E C O MME N D ATIO N(S): None P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: None AT TAC H ME N T S: D escription Type Resolution Resolution L etter S W M P E xecutive S ummary E xecutive S ummary S W M P C omments and Responses B ackup Material RESOLUTION NO. RESOLUTION ADOPTING THE CITY OF RICHFIELD SURFACE WATER MANAGEMENT PLAN. WHEREAS, the City Council of the City of Richfield is the official governing body of the City of Richfield, Minnesota; and WHEREAS, the Richfield Surface Water Management Plan has been written in conformance with Minnesota Rules Chapter 8410 and Minnesota Statutes § 103B.235; and WHEREAS, the Surface Water Management Plan was reviewed by the Metropolitan Council and Watershed Management Districts and Organizations according to Minnesota Statutes § 103B.235. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: Hereby adopts the Richfield Surface Water Management Plan and implements the capital improvements, programs, studies, and future amendments according to the schedules outlined in the plan. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of February, 2019. Maria Regan Gonzalez, Mayor ATTEST: Elizabeth VanHoose, City Clerk ES-1 Executive Summary The City of Richfield Surface Water Management Plan (SWMP or Plan) sets the course for the City’s management of stormwater and water resources within the city. The SWMP provides data and other background information on resources, assesses city-wide and specific issues, sets goals and policies for the City and its resources, and lays out an implementation program to achieve the City’s goals. The SWMP is organized into six major sections, summarized as follows: Section 1 – Introduction Section 1.0 of the SWMP summarizes the City of Richfield’s location and history and describes the purpose of the SWMP. This surface water management plan (SWMP) replaces the 2008 City of Richfield Surface Water Management Plan (2008 SWMP). The SWMP will assist the City with policy decisions, water resource management, implementation priorities, regulatory program references, and capital improvement budgeting to address water resource issues. The purpose of this SWMP includes those purposes given in Minnesota Statute 103B.201 for metropolitan water management programs, which include: •Protect, preserve, and use natural surface and groundwater storage and retention systems; •Minimize public capital expenditures needed to correct flooding and water quality problems; •Identify and plan for means to effectively protect and improve surface and groundwater quality; •Establish more uniform local policies and official controls for surface and groundwater management; •Prevent erosion of soil into surface water systems; •Promote groundwater recharge; •Protect and maintain fish and wildlife habitat and water recreational facilities; and •Secure the other benefits associated with proper management of surface and ground water. This SWMP was developed consistent the requirements of Minnesota Statutes 103B.235, Minnesota Rules Chapter 8410, guidance from the Metropolitan Council, and the watershed management organizations (WMOs) with jurisdiction in the city. The SWMP was also developed with consideration of public input received through a water resource management survey. Section 2 – Land and Water Resource Inventory Section 2.0 of this Plan contains information on climate and precipitation, topography, watersheds and drainage patterns, land use, soils, geology and groundwater, surface waters, water quality, water quantity and flooding, stormwater infrastructure, natural, scenic, and recreational areas, and potential pollutant sources. This information describes the conditions in the city and affects decisions about infrastructure, development, and ecological preservation. Some of the most notable information in Section 3 includes: Climate and precipitation: The climate of the Minneapolis-St. Paul area is a humid continental climate characterized by moderate precipitation, wide daily temperature variations, and large seasonal variations ES-2 in temperature, warm humid summers, and cold winters with moderate snowfall. Average weather imposes little strain on the typical drainage system, however extremes of precipitation and snowmelt are important for design of flood control systems. The National Oceanic and Atmospheric Administration (NOAA) published data on extreme precipitation events that can be used to aid in the design of flood control systems, now called Atlas 14. This data indicates increased precipitation depths for more extreme storm events relative to previously published values. Topography, Watersheds, and Drainage Patterns: The City of Richfield is relatively flat, with generally mild slopes descending from a maximum elevation of approximately 900 feet in the northwest to a minimum elevation of approximately 810 feet in the southeast. Urbanization of the city over time has greatly altered the natural topography of the watershed. With these alterations, drainage patterns have become more defined. The City of Richfield is subdivided into three major watersheds, which fall under the respective jurisdictions of the following three watershed management organizations (WMOs): • Minnehaha Creek Watershed District (MCWD) • Nine Mile Creek Watershed District (NMCWD) • Richfield-Bloomington Watershed Management Organization (RBWMO) The City has subdivided its drainage area into 17 watersheds tributary to specific waterbodies (see Figure 2-2). These 17 watersheds are further divided for specific stormwater and surface water management and planning (e.g., water quality modeling). Land Use: Almost all of the land in Richfield is now fully developed with just small parcels vacant for development in some areas. As a fully-developed community, changes in land use will come the result of redevelopment. Changes in land use are expected to be modest over the life of this Plan. However, redevelopment with or without land use changes may provide opportunities to implement a variety of stormwater best management practices (BMPs) that can improve water quality, reduce the risk of flooding, provide habitat, or achieve other benefits. Soils: Soil composition, slope, and land management practices determine the impact of soils on water resource issues by affecting the rate and volume of stormwater runoff. Higher infiltration rates result in lower the potential for runoff from the land, while soils with low infiltration rates produce high runoff volumes and peak discharge rates. Because of urban development and land use, infiltration capacity of most of the soils in Richfield is not estimated. For proposed projects incorporating infiltration of stormwater runoff, soils should be evaluated for suitability on a site-by-site basis. Geology and groundwater: Bedrock units under the City of Richfield include primarily Prairie du Chien dolomite with areas of St. Peter sandstone located in the north central and northeast part of the city. The bedrock is overlain by a layer of glacial drift which varies between 150 and 250 feet think throughout most of the city. The region is underlain by four major bedrock aquifers: (1) St. Peter Sandstone, (2) Prairie du Chien-Jordan, (3) Wonewoc Sandstone (formerly Ironton-Galesville Sandstones), and (4) Mt. Simon-Hinckley Sandstones. In addition, there are numerous aquifers in the glacial drift. The City of ES-3 Richfield draws its drinking water from the Prairie du Chien-Jordan, Wonewoc, and Mt. Simon-Hinckley aquifers. Surface waters: The Minnesota Department of Natural Resources (MDNR) designates certain water resources as public waters to indicate those lakes, wetlands, and watercourses over which the MDNR has regulatory jurisdiction. There are several designated and numbered public waters and wetlands within the city, including the following named lakes: • Adams Hill Pond (27-1079P) • Legion Lake (27-0024P) • Milner Pond (27-0684W) • Norby’s Pond (27-0685W) • Richfield Lake (27-0021P) • Wood Lake (27-0026P) In addition to MNDR public waters and public waters wetlands, the City manages several non-public water ponds as part of its stormwater infrastructure, including: • Augsburg Pond • Christian Park Pond • Sheridan Pond • Wilson Pond • Washington Park Depression (dry under normal hydrologic conditions) Wetlands within the city are identified in the National Wetland Inventory (NWI) as well as past City and WMO assessments. The City manages many of these ponds and wetlands for stormwater management purposes. Management of ponds (including public waters) that are wetland areas may be subject to additional regulatory considerations. Water Quality: The City recognizes the need for good water quality in its waterbodies and has taken steps to protect and improve these resources. These steps include adopting water quality management policies, collecting water quality monitoring data, reviewing projects for conformance with water quality performance standards, and implementing water quality improvement projects. The City of Richfield adopts by reference the water quality standards of the Minnesota Pollution Control Agency (MPCA) (Minnesota Rules 7050). No waterbodies within the city are listed in the MPCA’s impaired waters 303(d) list; however, stormwater runoff from the city is tributary to several impaired waters. Water Quantity and Flooding: The City of Richfield uses its project review and permitting program, ordinances, studies, and capital projects to manage the quantity of water and reduce the risk of flooding within the city. Many of the activities performed by the City to manage stormwater runoff are incorporated into the City’s Municipal Separate Storm Sewer System (MS4) Stormwater Pollution Prevention Program. The City continuously measures water levels of several lakes and ponds within the ES-4 City. Adams Hill Pond and Augsburg Pond have lift stations (i.e., pumped outlets) to discharge from the ponds when water levels reach pre-determined levels. City Stormwater System: The City of Richfield’s stormwater management system is comprised of a series of lateral and trunk storm sewers, stormwater ponds, and natural water bodies including ponds, lakes, and wetlands. In addition to stormwater treatment ponds, the City’s stormwater management system includes a number of structural BMPs that improve water quality and manage flood risk. The City maintains a database of stormwater management BMPs to document ownership and maintenance responsibilities and to track inspection and maintenance activities consistent with the requirements of its MS4 permit. The City’s stormwater system is connected to those of the surrounding communities, resulting in intercommunity flows into and out of the city. The City uses its project review and permitting program to prevent or limit increases in intercommunity flows and cooperates with adjacent cities and WMOs to address intercommunity flow issues. Natural Communities and Habitat: While much of the natural landscape of the city has been altered by development, the City does include a number of natural areas, waterbodies, and city and regional parks. Areas of interest include the Wood Lake Nature Center, Veterans Park, Richfield Lake, and others. Wood Lake is a high quality natural area including natural communities of cattail marsh and lowland hardwood forest surrounding the lake. The City’s natural and open space areas provide habitat suitable to urban wildlife. Nearly all the water resources within the city are surrounded by public open spaces. The City manages its open spaces to promote recreation and public access to water resources. Pollutant sources: The sources of potential pollution in the city are varied. The location of these potentially contaminated or hazardous waste sites should be considered as sites are redeveloped and BMPs are implemented. While there are point sources of pollution that are regulated under State permits, the vast majority of pollution reaching surface waters comes from non-point source – those which cannot be traced back to a single source or pipe. Instead, pollutants are carried from land to water in stormwater or snowmelt runoff, in seepage through the soil, and in atmospheric transport. These pollutants include nutrients, bacteria, sediment, chlorides, pesticides, solvents, and chemicals. Section 3 – Assessment of Issues and Opportunities This section of the Plan presents and discusses the issues and opportunities facing the City, organized by various topics. Issue identification was an important task in development of this Plan, and included review of Metropolitan Council and watershed management organization (WMO) planning documents, review of available studies and modeling, discussion with City staff, and results of a public water resources management survey. The issues discussed in Section 3.0 are organized into the following topic areas: • Water quality: including stormwater runoff water quality, MPCA impaired waters, total maximum daily load studies, waterbody classification and water quality goals, water quality BMP maintenance, and other water quality issues. • Water quantity and flood risk reduction: including floodplain management, hydrologic and hydraulic modeling, and discussion of select local flooding issues. ES-5 • Wetland management: including wetland and shoreland buffers, aquatic invasive species, and wetland classification and inventory • Groundwater management • Erosion and sediment control Major opportunities for the City to consider in addressing these issues are summarized at the end of this section, and include cooperative efforts with WMOs, partnerships with adjacent cities, redevelopment opportunities, and coordination with other City programs. Section 4 – Goals, Strategies, and Policies This section of the plan describes the City’s goals, strategies, and policies for water resource management. The goals, strategies, and policies included in this SWMP are designed to continue to improve the quality and effectiveness of water resource planning and management in the City. These goals, strategies and policies have been developed to complement county, regional, and state goals, policies and management activities. While allowing for orderly development and redevelopment and providing its constituents with necessary services and infrastructure, the City has established the following goals: 1. Maintain and enhance surface water quality to meet applicable standards and preserve ecological functions. 2. Minimize the risk of flooding and associated negative impacts to public health, infrastructure, and the environment. 3. Protect and preserve the quantity and quality of groundwater resources. 4. Minimize erosion of soil into surface water systems and other negative environmental impacts of stormwater runoff. 5. Protect and preserve fish and wildlife habitat and shoreland integrity. 6. Preserve the quantity and quality of wetlands. 7. Minimize public expenditures related to surface water management through effective planning, education, cooperation, and implementation. The City has developed policies and actions to achieve the City’s goals for managing stormwater and surface water resources. These policies and actions are organized into four strategies. These strategies will assist the City in targeting its main audiences for the purposes of storm water management as follows: • Operations • Regulation and Permitting • Education, Training, and Outreach • Cooperation with other governmental entities These strategies and policies that fall under the above strategies are described in greater detail in Section 4.0 of this SWMP. ES-6 Section 5 – Implementation Program This section describes the significant components of the City’s Surface Water Management Plan (SWMP) implementation program, including implementation of the City’s NPDES MS4 Permit, operation and maintenance of the City’s stormwater system, education and public involvement, funding, ordinance implementation and official controls, and implementation priorities. The implementation program is presented in Table 5-1 through Table 5-3, organized as follows: • Table 5-1 Implementation Program – Capital Improvements • Table 5-2 Implementation Program – Programs • Table 5-3 Implementation Program – Studies Section 5.0 also describes the roles of the MCWD, NMCWD, and RBWMO with respect to water resource management within the city and activities performed in cooperation with the City. Section 6 – References This section lists the documents and other references used in the preparation of the SWMP. Response to Comments - City of Richfield Surface Water Management Plan Commenter Plan Section (if noted)Comment Proposed Response Edit Location Edit Made MCWD 5. Maps of drainage areas under current and future planned land use with paths, rates and volumes of stormwater runoff. Partially meets requirements. Figure 2-3 depicts existing land use and nicely calls out redevelopment opportunity sites. Figure 2-4 depicts future land use. Section 2.3 indicates the City encourages the use of Low Impact Development techniques with redevelopment where feasible. Please provide current and future land use maps that contain paths, rates and volumes. Due to the City's fully developed condition, drainage patterns/flow paths are not expected to change with land use. Flow paths and subwatershed scale flowpaths are shown on Figure 2-3. The City is in the process of updating City-wide hydrologic and hydraulic modeling. When complete, relevant modeling inputs and results, including subwatershed delineations, flow rates, and storage volumes, will be appended to the SWMP. Future SWMP amendment to include H&H model results NA MCWD 6. A stormwater conveyance map meeting standards of the current MS4 general permit and indicating an outfall or a connection at the LGU boundary. Partially meets requirements. Figure 2-11 depicts subwatersheds and stormwater infrastructure. MS4 permit also requires stormwater flow direction in the pipes, outfalls with unique ID numbers and geographic coordinates, structural stormwater BMPs and receiving waters. Map is missing some flow directions, outfalls with unique ID numbers and geographic coordinates, and structural stormwater BMPs. The City maintains GIS information of its stormwater management infrastructure, including all outfalls (with unique IDs) and structural BMPs. Presentation of such detailed information is somewhat limited by the resolution of SWMP figures. However, Figure 2-11 does present the City's stormsewer network, structural BMPs, and outfalls. Flow direction has been added to the conduits. Once the City-wide hydrologic and hydraulic modeling has been completed, reference to relevant documentation included in that report will be added to the SWMP. Revision to Figure 2-11; Future SWMP amendment to include H&H model results Yes MCWD 7. An inventory of public and private stormwater management facilities including the location, facility type and party responsible for maintenance (e.g., landowner, homeowner's association, LGU, other third party). Partially meets requirements. Section 2.6.2 lists the city-managed ponds managed as part of the City's stormwater infrastructure. Section 5.2 covers operation and maintenance of stormwater facilities; private facilities are generally covered under maintenance agreements with the City. Section 2.9.2 states the City maintains a database of stormwater BMPs to document ownership and maintenance responsibilities, and the database is available to MCWD if requested. Figure 2-11 depicts private storm sewers. Section F.2 of Appendix C (SWPPP) indicates that the City does not have a full facilities inventory. Completion of a full inventory of stormwater facilities within the City pursuant to City SWPPP requirements has been added to the implementation table. Revision to Table 5-2 Yes MCWD 10. Inventory of real property owned by the LGU, including discussion of (i) water resource issues and opportunities associated with its properties, and (ii) potential opportunities to coordinate with the District or other partners. Partially meets requirements. Chapter 2.6.2 lists the city-managed ponds; Figure 2-12 depicts park and recreation land across the City. An inventory of all real property (municipal buildings, lots, etc.) owned by the City is not provided. Opportunities for coordination with MCWD are presented throughout SWMP. Figure 2-3 (Current Land Use) has been revised to identify publically owned parcels. Revision to Figure 2-3 Yes November 5, 2018 Commenter Plan Section (if noted)Comment Proposed Response Edit Location Edit Made MCWD 11. Incorporates the inventory and description of practices from its SWPPP regarding facilities that it owns or operates and municipal operations that may contribute pollutants to groundwater or surface waters. Partially meets requirements. Section 5.3.1 indicates the City will work with MCWD on City operations and facility maintenance. City-wide potential pollutant sources are described in Section 2.11 and depicted in Figure 2-13. Without an inventory in the SWPPP, there is no description at practices of city-owned facilities that may contribute pollutants to groundwater or surface waters. Completion of a full inventory of stormwater facilities within the City pursuant to City SWPPP requirements has been added to the implementation table. Revision to Table 5-2 Yes MCWD 12. Include map and inventory of stormwater management facilities, including responsible party and maintenance condition and schedule. See #7 above. Structural stormwater BMPs are presented in Figure 2-11. Completion of a full inventory of stormwater facilities within the City pursuant to City SWPPP requirements has been added to the implementation table. For facilities already included in the City inventory, that inventory includes information about maintenance and responsible party. Revision to Table 5-2 Yes MCWD 14. Information related to the issue of deferred maintenance of public and private stormwater management practices, to inform a cooperative approach to addressing the issue (optional). Not addressed. Text has been added to Section 5.2 noting that the City's ordinances document enforcement procedures related to maintenance agreement violations. Revisions to Section 5.2 Yes MCWD 20. Identify other regulatory mandates concerning water resources under which the LGU operates, including LGU's role, responsibility, and compliance status. Partially meets requirements. Sections 2.7.2.1, 3.1.2 and 3.1.2.1 all refer to Table 2-4- can't locate that table - Figure 2-9 covers the information that would be in Table 2-4. State and Federal antidegradation requirements are not referenced in the SWMP. References to Table 2-4 have been revised to reference the correct table (Table 2-3). Reference to state antidegradation requirements has been added to the discussion of state water quality standards in Section 2.7.1 Revisions to Section 2.7.1 Yes MCWD 22. Describe how regulatory activities are coordinated with the District. How are potential permit applications made aware of District permitting requirements. Provide department(s) and positional contact information for regulatory coordination and how this coordination will be initiated by LGU. Partially meets requirements. Section 3, and specifically Sections 3.2 and 3.5 refer to permits the City requires to address water quantity and erosion and sediment control issues, and cooperation with MCWD is explicit. However, the manner in which applicants are made aware of MCWD permitting requirements is not explicit. Contact information is not provided. Text has been added to Section 5.3.1 (MCWD Roles and Responsibilities) and Section 5.5 (Ordinances and Official controls) noting that the City informs project applicants of potential WMO permit requirements when first contacted by project proposers and provides contact information for the appropriate WMO. Revisions to Section 5.3.1 and Section 5.5 Yes Commenter Plan Section (if noted)Comment Proposed Response Edit Location Edit Made MCWD 24. Sets forth a coordination plan that connects the LGU and District in ways that efficiently provide for timely coordination. Please provide - Stand-alone Coordination Plan is a required element of the LGU LWMP. The SWMP does not provide details on how the District will receive notice regarding planning; information and coordinate on the following: infrastructure, park and rec, and CJP efforts. Additionally, the SWMP does not specifically address when and how notice will be provided on small area plans and other development/ redevelopment actions. Text in Section 5.3.1 has been revised to clarify the timeline and process by which the City will inform the MCWD of private and public redevelopment efforts. The City/MCWD coordination plan is included in the SWMP as Appendix E. Revisions to Section 5.3.1 Yes MCWD 25. For each element in 24 above, describe when and how the communication will occur and indicate the department and position for proposed communication plan. Partially meets requirements. Table 5-2 refers to annual meetings with MCWD regarding plan elements. However, the SWMP does not cover when and how communication will occur regarding points in #24 above and does not indicate the person responsible for communication. See response to item 24 above. The City/MCWD coordination plan is included in Appendix E and has been revised to include the party responsible for communication. Revisions to Section 5.3.1 and Appendix E Yes Met Council (via MCWD)Figure 2-11 The lift station and force main for the stormwater connection from Wood Lake to the City of Bloomington, as noted in section 2.2 of the Plan, is shown on Figure 2-2 (watershed & Subwatershed Delineation) but missing on Figure 2-11 (stormwater system). This feature has been added to Figure 2-11.Revision to Figure 2-11 Yes Met Council (via MCWD)Table 5.1 Table 5-1, item 1-1 references Table 6-3. There are no table in section 6. It was assumed that this reference should be table 5-3.The text has been corrected to reference Table 5-3.Revision to Table 5-1 Yes Met Council (via MCWD)Figure 2-11 Showing flow direction for stormwater conveyance on Figure 2.11 would be helpful Flow direction has been added to the conduits presented in Figure 2-11 Revision to Figure 2-11 Yes NMCWD Section 1 1.5 - typo correction - MCWD is mentioned twice; add NMCWD to the statement of entities approving the Plan.The text has been corrected to reference the NCMWD.Revision to Section 1.5 Yes NMCWD Section 1 Introduction: The text here should affirm that the goals, strategies and policies in the Plan have been developed to conform the watershed-management plans of the watershed organizations that share jurisdiction with the city. Section 1.2 of the SWMP notes: "This SWMP has also been developed to meet the needs, requirements, and direction as outlined by: • Minnehaha Creek Watershed District • Nine Mile Creek Watershed District • Richfield-Bloomington Watershed Management Organization" This text has been revised to specifically reference the goals, strategies, and policies included in the SWMP. Revision to Section 1.2 Yes NMCWD Section 4.2.2 The Plan should be clarified to state - that the city wishes to defer exercise of regulatory authority to NMCWD. In addition to making a clear statement confirming that intent Section 4.2.2 has been revised to specifically note that the City wishes to continue to defer permitting authority to the NMCWD. Revision to Section 4.2.2 Yes NMCWD Section 4.2.2 The Plan states that the city "adopts the applicable rules and requirements of' the watershed organizations within each entity's jurisdiction in the city. It's not clear what this means, but if the intent is to underscore the city's support for and reliance on the watershed organizations' implementation of the regulatory standards, that's fine, though the Plan might use a different verb, such as "supports." If the intent is state otherwise, the city and NMCWD should discuss. This text has been revised to note that the City "supports" the applicable rules and requirements of the WMOs. The text has been revised to state: "In some cases, the City has incorporated WMO rules and requirements into the City's official controls; in others, WMO requirements are adopted by reference." Revision to Section 4.2.2 Yes Commenter Plan Section (if noted)Comment Proposed Response Edit Location Edit Made NMCWD Section 4.2.2 Subsection 4.2.2 goes on to state that the city "shares permitting duties" with watershed organization and notes that NMCWD is the permitting authority for projects that trigger the NMCWD rules. (The syntax in the third bullet in the second set of bullets in section 4.2.2 needs some cleanup, though.) This is followed in subsection 5.3.4 by text stating the NMCWD "exercises some regulatory responsibilities within the city." (The latter subsection helpfully notes that NMCWD will continue to administer the Wetland Conservation Act in the portion of the city within the Nine Mile Creek watershed.) Again, these statements indicate that the city wishes to defer exercise of regulatory authority to NMCWD for the land-disturbing activity governed by the NMCWD rules, but it would be useful for the Plan to include an explicit statement along these lines. Section 4.2.2 has been revised to specifically note that the City wishes to continue to defer permitting authority to the NMCWD. Revision to Section 4.2.2 Yes NMCWD Section 4.3.2 The city's Engineering Design Standards for Stormwater Management, 9.5 Freeboard, states that the City requires a minimum of two feet of freeboard elevation between the low point of entry elevation and the 1% chance event high-water elevation (100- year storm event) in a given area for all new and redeveloped structures. This is in conflict with subsection 4.3.3 of the NMCWD rules, which references the low floor rather than low opening. Policy 4.3.2-10 identifies freeboard elevations relative to low floor, consistent with NMCWD performance standards. The City will revise its Engineering Design Standards following adoption of this SWMP to achieve consistency with this SWMP and applicable WMO requirements. The planned revision to the Engineering Design Standards is included in as item 14 in Table 5-2. Revision to item 14 in Table 5-2. Yes NMCWD Section 5.3.2.1 NMCWD recognizes and appreciates the specifics provides in this subsection. Note, though, the WMP includes a specific request that the city provide it with any updates to its wellhead protection plan as a matter of course, not only in response to NMCWD requests as stated in subsection 4.3.5, item 6. (NMCWD may not be aware of an update such it staff would know to request it.) Policy 4.3.5-6 has been revised to eliminate the "as requested."Revision to Policy 4.3.5-6 Yes NMCWD Table 5-1 The NMCWD understands that the city has studies under way and planned that will contribute a basis for design of water-quality improvement and water-quantity management projects, but encourages the city to consider options for implementation of projects in the first five years of the new Plan, rather than waiting to 2023. The City will consider implementing improvements on an earlier schedule based on the outcome of current and future studies, as funding allows. None NA Commenter Plan Section (if noted)Comment Proposed Response Edit Location Edit Made NMCWD Table 5-3 The city must add a specific timeframe(s) and commitments to complete the hydrology and hydraulic modeling and the water-quality modeling referenced in this section. The models must incorporate and be completed utilizing Atlas 14 rainfall data issued by the National Oceanic and Atmospheric Administration in 2013. Atlas 14 supersedes Technical Paper 40 and 49 issued by the US Weather Bureau in 196! and 1964, respectively. Water quality modeling must be completed using a model that shows annual removal efficiencies for both total phosphorus ( 60% removal required) and total suspended solids (90% removal required). For rate control, the Plan states that the City will manage rate to prevent capacity of downstream systems from being exceeded. The District's rule requires that flow rates be limited to that from existing conditions for the 2-, 10-, and 100-year frequency storm events for all points where stormwater discharge leaves the site. Section 2.8.4 of the SWMP notes that the current City-wide hydrologic and hydraulic modeling uses Atlas 14 precipitation inputs. This section has been revised to note that the City anticipates completion of this modeling effort in early 2019. Section 2.7.3 of the SWMP has been revised to note that the City's water quality modeling is anticipated to be completed in 2019 and will include assessment of pollutant removal efficiencies of modeled BMPs. Policy 4.3.3-15 of the SWMO notes that the City requires development and redevelopment activities to meet water quality performance standards of the applicable WMO, including the NMCWD (i.e., 60% TP removal, 90% TSS removal). Policy 4.3.2-7 of the SWMP notes that the City requires development and redevelopment activities to meet the rate control requirements of the applicable WMO, including the NMCWD. Revisions to Section 2.8.4 and 2.7.3 Yes AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #4.C. STAFF RE P ORT NO. 24 CIT Y COUNCIL ME E T ING 2/11/2019 RE P O RT P RE PA RE D B Y: B utch L upkes, Utilities S uperintendent D E PA RTME NT D IRE C TO R RE V IE W: K ristin A sher, P ublic Works D irector 2/5/2019 O THE R D E PA RTM E NT RE V IE W: N/A C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager 2/6/2019 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consideration of the adoption of a resolution authorizing the City of Richfield to accept grant funds of $10,000 and enter into Source W ater Protection Competitive Grant Agreement No. 152466 with Minnesota Department of Health (MD H) to permanently seal unique well no. 206330 (Wood Lake). E X E C UT IV E S UM M ARY: I n October 2018, the City of Richfield applied for and was awarded a Source W ater Protection Competitive Grant of $10,000 to assist the City in permanently sealing unique well no. 206330 located on the grounds of Wood Lake Nature Center. This specific well was prioritized for sealing due to its depth (335') and because it draws from the critically important Prairie Du Chien-J ordan Aquifer. One purpose of the MD H grant program is to help municipalities in sealing old and unused wells that can serve as conduits for contamination into Minnesota aquifers. Funding for the program comes from the Clean Water Land and Legacy Amendment which has supported source water protection grants for public water suppliers in Minnesota since 2010. RE C O M M E ND E D AC T I O N: By motion: Adopt a resolution authorizing the City of Richfield to accept grant funds of $10,000 and enter into Grant Agreement No. 152466 with MD H to permanently seal unique well no. 206330 (Wood Lake). B AS IS O F RE C O M M E ND AT I O N: A.H IS TOR IC AL C ON T E X T I n October 2018 the City of Richfield applied for and was awarded a Source W ater Protection Competitive Grant in the amount of $10,000. The City was awarded a similar grant in November 2016 which was used to survey and identify unused private wells for permanent sealing. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Minnesota Statute 465.03 requires every acceptance of a grant or devise of real or personal property on terms prescribed by donor be made by resolution and adopted by two-thirds majority of the City Council. C.C R IT IC AL T IMIN G IS S U E S: The effective date of the grant agreement is the date all signatures are obtained by the State. The expiration date of the grant agreement is April 30, 2021, or once all obligations have been fulfilled, whichever occurs first. W ell no. 206330 has been prioritized for sealing. Accepting the grant money will ensure the well is sealed as soon as possible. I t is expected that the well will be sealed as soon as the State authorizes the City to begin work on the project. D.F IN AN C IAL IMPAC T: The anticipated total cost for the project based on a number of quotes obtained by the City is $27,925. The cost share for the City would be $17,295, after accounting for the $10,000 State grant. The City's cost share funds are accounted for in the Public W orks Water Utility budget and are intended to be used for this project. E.L E GAL C ON S ID E R AT ION: The City attorney has reviewed grant agreement and will be available to answer questions. ALTE R N AT IV E R E C O MME N D ATIO N(S): None P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: None AT TAC H ME N T S: D escription Type Resolution Resolution L etter S W P C ompetitive Grant A greement C ontract/A greement RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ACCEPT GRANT FUNDS IN THE AMOUNT OF $10,000 AND ENTER INTO SOURCE WATER PROTECTION COMPETITIVE GRANT AGREEMENT NO. 152466 WITH MINNESOTA DEPARTMENT OF HEALTH TO PERMANENTLY SEAL UNIQUE WELL NO. 206330. WHEREAS, the Richfield Public Works Department has applied for and been awarded a Source Water Protection Competitive Grant in the amount of $10,000; and WHEREAS, the City intends to use these funds to permanently seal unique well no. 206330; and WHEREAS, the proper and timely sealing of well no. 206330 will ensure the elimination of a direct conduit for contamination into the Prairie Du Chien Aquifer; and WHEREAS, Minnesota Statutes section 465.03 requires every acceptance of a grant or devise of real or personal property on terms prescribed by the donor be made by resolution adopted by a two-thirds majority of the City Council. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. That the City Council of the City of Richfield hereby authorizes the City Manager to enter into Source Water Protection Competitive Grant Agreement No. 152466 with Minnesota Department of Health in the amount of $10,000. 2. Appropriate City personnel are authorized to administer the funds in accordance with the grant agreement and terms described by the Minnesota Department of Health. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of February, 2019. Maria Regan Gonzalez, Mayor ATTEST: Elizabeth VanHoose, City Clerk AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #4.D. STAFF RE P ORT NO. 25 CIT Y COUNCIL ME E T ING 2/11/2019 RE P O RT P RE PA RE D B Y: Jennifer A nderson, S upport S ervices Manager D E PA RTME NT D IRE C TO R RE V IE W: Jay Henthorne, D irector of P ublic S afety/C hief of P olice 2/7/2019 O THE R D E PA RTM E NT RE V IE W: N/A C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager 2/7/2019 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consideration of the approval of the first reading of an ordinance amending Section 617 of the Richfield City Code regulating food establishments for consistency with recently updated State regulations. E X E C UT IV E S UM M ARY: The State of Minnesota Food Code was recently updated after twenty years, with implementation taking place J anuary 1, 2019. Local jurisdictions are required to adopt changes by March 2019. A sampling of changes include updates to definitions and terminology, food handling practices, health and hygiene standards, and equipment certification. Adoption of the amendments to the Food Code will ensure the City of Richfield can continue to protect the health, safety and general welfare of the public pursuant to the powers granted under Minnesota Statutes, Chapter 145A. Bloomington Public Health staff - who are the experts in this area - worked closely with Richfield staff in preparing the proposed ordinance amendments. RE C O M M E ND E D AC T I O N: By motion: Approve the first reading of an ordinance amending Section 617 of the Richfield City Code regulating food establishments and schedule a second reading for February 26, 2019. B AS IS O F RE C O M M E ND AT I O N: A.H IS TOR IC AL C ON T E X T The Minnesota Food Code (Minnesota Rules Chapter 4626) has not been updated since 1999 and over that period, the industry has undergone immense change; improved food handling techniques, the introduction of food trucks, pop-up restaurants and increased interest in where food comes from. Much of the food code update addresses food sanitation and safety measures necessary to prevent food-borne illness outbreaks. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): A formal hearing is not required, but the City Council could allow public comment on the proposed ordinance changes. The principal objectives of the Food Establishment Code are to prevent illness, to correct and prevent conditions that may adversely affect persons utilizing licensed establishments, to provide consistent standards for design, construction, operation and maintenance of licensed establishments, and to meet the consumer expectations of health and safety of licensed establishments. C.C R IT IC AL T IMIN G IS S U E S: The State of Minnesota has required all Community Health Boards to adopt updated ordinance language by March 2019. D.F IN AN C IAL IMPAC T: N/A E.L E GAL C ON S ID E R AT ION: The City Attorney has reviewed the ordinance and approves of its contents. ALTE R N AT IV E R E C O MME N D ATIO N(S): There are no alternatives because the City is required to update its Code for consistency with State law. P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: Lynn Moore, Environmental Health Manager, City of Bloomington AT TAC H ME N T S: D escription Type P roposed Ordinance Ordinance 1 BILL NO. __________ AN ORDINANCE AMENDING SECTION 617 OF THE CITY CODE PERTAINING TO PUBLIC HEALTH AND THE REGULATION OF FOOD ESTABLISHMENTS THE CITY OF RICHFIELD DOES ORDAIN: Section 1. That the following Subsections of Section 617 of the Richfield City Code are hereby amended by deleting those words stricken through and adding those words that are underlined, to read as follows: Section 2. Subsection 617.01 in the Richfield City Code is amended as follows: This section is enacted to establish standards for the regulation of food establishments in Richfield in order to protect the health, safety and general welfare of the public pursuant to the powers granted under Minnesota Statutes, Chapter 145A. The principal objectives of this section of the City Code are to prevent illness, to correct and prevent conditions that may adversely affect persons utilizing licensed establishments, to provide consistent standards for design, construction, operation and maintenance of licensed establishments, and to meet the consumer expectations of health and safety of licensed establishments. For the purpose of prescribing regulations governing food establishments, the City of Richfield hereby adopts the following rules and statutes as may be amended or recodified from time to time: (a) Minnesota Statutes, chapters 157 except for 157.16; and (b) Minnesota Rules, chapter 4626, except for 4626.0033, subparts G through O, 4626.1715, subpart B, 4626.1720, subparts B and F, and 4626.1755 through60 and 4626.178070. Section 3. Subsection 617.03 in the Richfield City Code is amended as follows: Subdivision 1. “Certified food protection manager” (CFPM) is defined in Minnesota Rules Chapter 4626 as an individual who has a valid Minnesota food protection manager’s certification under Minnesota Rules part 4626.0033 or an individual who is certified under Minnesota Rules 2015, parts 4626.2005 to 4626.2020. Subd. 12. "Food catering vehicle" is a commercial vehicle used only to transport or store food, tableware, utensils or food equipment with temperature control and is used as part of a food catering or food retail operation. This does not include personal vehicles used only to deliver foods intended for immediate consumption like pizza, boxed lunches, etc. Subd. 23. "Food establishment" is defined in Minnesota Rules, chapter 4626, as amended. Food establishments include, but are not limited to, restaurants, cafeterias, 2 bars, clubs, cafes, coffee shops, grocery stores, delicatessens, convenience stores, lodges, resorts, retail bakeries, retail meat markets, produce stands, group childcare centers, group adult care centers, institutions, public and private schools, satellite or catered serving locations, catering food vehicles, carts, packaged retail food sales, vending machines, mobile food units, special event food stands or other short-term food operations, and similar businesses established for the service or retail distribution of food and beverages where consumption is on or off the premises and regardless of whether there is a charge for the food or beverages. Subd. 34. "Health Authority" means the City of Richfield Public Safety Department and its qualified designated employees or agents as the Richfield City Council may designate. The term "regulatory authority" in the Minnesota Food Code, Minnesota Rules, Chapter 4626 shall mean the Health Authority. Subd. 45. "Issuing Authority" means the City of Richfield Public Safety Department and its qualified designated agents as the Richfield City Council may designate. Subd. 56. "Potentially hazardousTime/temperature control for safety food" (TCS) is defined in Minnesota Rules, Chapter 4626. It also means food that requires time or temperature control for safety to limit pathogenic microorganism growth or toxin formation. Section 4. Subsection 617.07 in the Richfield City Code is amended as follows: 617.07. - License required and posted. No person shall operate a food establishment within the City of Richfield or engage in any enterprises described in this Code, without first obtaining and having a valid license as provided herein. The application for such license shall be made on forms furnished by the City of Richfield and shall describe the general nature of the business, its location, and any other information deemed necessary by the City. The application must be in the name of the owner of the real property on which the licensed premises are situated and bear the signature of the owner or that of the owner's authorized agent. The license must be posted in a location conspicuous to customers. Section 5. Subsection 617.15 in the Richfield City Code is amended as follows: Subdivision 1. Type I means those food establishments serving on average 500 or more meals per day; having 175 or more seats; or having 500 or more customers per day. Type I establishments include those: (a) Preparing for retail sale potentially hazardoustime/temperature control for safety (TCS) foods that require extensive processing and handling on premises; (b) Cooking or cooling potentially hazardousTCS foods; 3 (c) Offering as a menu item, or an ingredient of a menu item, raw or undercooked [potentially hazardous ]meats, poultry products, eggs, fish, shellfish or similar foods[ with raw potentially hazardous items as ingredients]; (d) Transporting potentially hazardousTCS foods as a catering service; or (e) Conducting food processing that involves smoking, curing, or reduced oxygen packaging. Type I food establishments require a certified food protection manager as specified in Minnesota Rules, chapter 4626. They include, but are not limited to, full-service restaurants; counter-service restaurants; food retail delis; institutional kitchens; food manufacturing, packaging, and processing plants; bakeries preparing potentially hazardous foods or detailed decorating; and meat markets with complex processing. A supplemental license shall be required for each additional separate and distinct food facility such as a bakery, kitchen, meat market, grocery store, bar, or serving area facility on the same premises. Subd. 2. Type II means a Type I food establishment serving on average fewer than 500 meals per day; having fewer than 175 seats; or having fewer than 500 customers per day. Type II establishments require a certified food protection manager as specified in Minnesota Rules, chapter 4626. Subd. 3. Type III means those food establishments serving or preparing: (a) Mainly non- potentially hazardousTCS foods and a limited amount of TCS foods that require minimal processing and handling; (b) Potentially hazardousTCS foods prepared elsewhere and only heated or held cold onsite; and (c) Serving or retailing limited potentially hazardousTCS foods, such as pizza, requiring handling followed by heat treatment. Type III establishments require a certified food protection manager as specified in Minnesota Rules, chapter part 4626.0033 unless specifically exempted. They include, but are not limited to, such operations as pizza carry-out and delivery; ice cream dipping; heating for hot holding pizzas, precooked bagged soups and wrapped sandwiches made elsewhere intended for customer self-service; bake-off only bakeries; produce departments; meat markets that only cut or grind meat; buffet-style breakfasts with hot held foods or waffle stations; coffee shops with frothed milk, juice bars with blended drinks and assembling yogurt parfaits; and serving kitchens receiving meals prepared elsewhere. Subd. 4. Type IV means those food establishments having minimal food handling. [Type IV establishments are not required to have a certified food manager as specified in Minnesota Rules, chapter 4626.] They include, but are not limited to such operations as, retail sales of cold or frozen packaged potentially hazardous foods; packaged foods 4 where customers may heat the food onsite; hotdogs; preparing or packaging non-TCS food that are made from ingredients that are not TCS; heating or serving precooked hot dog or sausage products, popcorn, nachos, pretzels, or frozen pizza; childcare with snacks and milk; ready-to-eat pizzas and sandwiches made elsewhere delivered for immediate resale according to federal regulations; coffee shops with frothed milk; unpackaged baked goods made elsewhere; continental breakfasts with rolls, juice, coffee, cold cereal, and milk; juice bars with blended drinks; and on-sale bars with mixed drinks. Subd. 5. Type V means those food establishments where non- potentially hazardousTCS food or food products are sold at retail or served in the original container including snack bars, bottled beverages and packaged food products. Type V food establishments are not required to have a certified food protection manager as specified in Minnesota Rules, Chapter 4626. Subd. 6. Supplemental facility means any additional distinct or separate food retail or food service facility on the same premises as a Type I, II, III, IV, or V[II] establishment, including catering food vehicles. Supplemental facilities are categorized as: (a) High Supplemental Facility having similar food handling operations specified under Type I establishment; (b) Medium Supplemental Facility having similar food handling operations specified under Type III or IV establishment; or (c) Low Supplemental Facility having similar food handling operations specified under Type V establishment. Subd. 7. Temporary food establishment is defined in Minnesota Rules, Chapter 4626 and includes special event food stands as defined in Minnesota Statutes, Chapter 157. Temporary Food Establishments are categorized as: (a) Complex Temporary Food Establishment having similar food handling operations specified under Type I and Type III establishments; or (b) Simple Temporary Food Establishment having similar food handling operations specified under Type IV and V establishments. Subd. 8. Farmers' market stands meaning those food establishments operating at farmers' markets and not exempt from licensing under Minnesota Statutes, Section 28A. Subd. 9. Vending machines means devices dispensing unit servings of food that are either a food or beverage machine or a nut, gum ball, or unwrapped candy machine. Section 6. Subsection 617.17 in the Richfield City Code is amended as follows: 617.17. – Reserved. Exemptions or Exclusions. 5 This section shall not include food service operations conducted in and for a house of worship when the food service is limited to preparation, service, or consumption by the members of the house of worship and not advertised to the public. Section 7. Subsection 617.19 in the Richfield City Code is amended as follows: This section specifically adopts the following additional standards for health and safety to Minnesota Rules, chapter 4626: Subdivision 1. Minnesota Rules, chapter 4626.0225 Preventing Contamination From Hands, D is amended to read as follows: Food employees not serving a highly susceptible population may contact exposed, ready-to-eat food with their bare hands if: (a) Written procedures are maintained in the food establishment and made available to the Health Authority upon request that include for each bare hand contact procedure, a listing of the specific ready-to-eat foods that are touched by bare hands. (b) A written employee health policy that details: (i) Documentation that food employees and conditional employees acknowledge that they are informed to report information about their health and activities as they relate to gastrointestinal symptoms and diseases that are transmittable through food; (ii) Documentation that food employees and conditional employees acknowledge their responsibilities; and (iii) Documentation that the person in charge acknowledges his/her responsibilities. (c) Documentation that food employees acknowledge that they have received training according to Minnesota Rules, Chapter 4626 in: (i) The risks of contacting the specific ready-to-eat foods with bare hands; (ii) Proper handwashing including when and where to wash their hands; (iii) Proper fingernail maintenance; (iv) Prohibition of jewelry; and (v) Good hygienic practices. (d) Documentation that hands are washed before food preparation and as necessary to prevent cross contamination by food employees during all hours of operation when the specific ready-to-eat foods are prepared. (e) Documentation that food employees contacting ready-to-eat food with bare hands use two (2) or more of the following control measures to provide additional safeguards to hazards associated with bare hand contact: 6 (i) Double handwashing, such as after using the bathroom and returning to work, handling raw meat products, or other high risk activities; (ii) A hand antiseptic after washing; (iii) Programs to encourage food employees not to work when they are ill; or (iv) Other control measures approved by the Health Authority. Subd. 2. Minnesota Rules, Chapter 4626.0410 TIME AS PUBLIC HEALTH CONTROL, subpart 2. Notification. The food establishment licensee must submit written notification to the Health Authority of his/her intention to use the procedures provided under this part and receive approval from the Health Authority prior to implementation of the provisions of this part. Subd. 3.Subdivision 1. Minnesota Rules, Chapter 4626.1050, A is amended to read as follows: A hand washing lavatory shallsink must be equipped to provide water to the user through a mixing valve or combination faucet, at a temperature of at least 43 degrees C (110 degrees F), but not more than 54 degrees C (130 degrees F) in a food establishment and not more than 48 degrees C (120 degrees F), in a sink that is used by children such as at a school, day care, or preschool, to allow handwashing for at least 20 seconds through a mixing valve or combination faucet. Subd. 42. Minnesota Rules, Chapter 4626.1325, A is amended to read: Except as specified in item 2B, materials for indoor floor, wall, and ceiling surfaces under conditions of normal use shall be: (a) Smooth, durable and easily cleanable for areas where food establishment operations are conducted; (b) Closely woven and easily cleanable carpet where carpeting is permitted; and (c) Non-absorbent for areas subject to moisture and resistant to the wear and abuse to which they are subjected. Materials such as, but not limited to, quarry tile, or ceramic tile are approved for floors in food preparation areas, toilet rooms, hand washing areas, wait stations, kitchens, bars, walk-in refrigeration, ware washing areas, janitorial areas, laundry rooms, areas subject to flushing or spray cleaning methods, and other areas subject to moisture. Materials such as, but not limited to, ceramic tile are approved for walls subject to splash or moisture in food preparation areas, ware washing areas, toilet rooms, etc. Subd. 53. Minnesota Rules, Chapter 4626.1465 TOILET TISSUE, AVAILABILITY. A supply of toilet tissue in a mounted dispenser shall be available at each toilet. Subd. 64. A food establishment shall have in place and use a system of risk-based self- inspection. The self-inspection program shall include written policies, appropriate forms for logging self-inspections, and evidence that routine self-inspection of all aspects of the food establishment takes place. 7 Subd. 5. Minnesota Rules, Chapter 4626.0123 Clean-up of vomiting and diarrheal events. A food establishment must have written procedures for employees to follow when responding to vomiting or diarrheal events that involve the discharge of vomitus or fecal matter onto surfaces in the food establishment. The procedures must address the specific actions employees must take to minimize the spread of contamination and the exposure of employees, consumers, food, and surfaces to vomitus or fecal matter. Section 8. Subsection 617.21 in the Richfield City Code is amended as follows: Subdivision 1. Administrative variance request. Relief from the strict compliance with the requirements of section 617.19 and those parts of Minnesota Rules, Chapter 4626 hereof may be granted in the form of a variance. Variance requests shall not be considered from those specifically listed in Minnesota Rules, chapter 4626.1690, subpart A.(1) through ([7]4). The variance application must be from the party to whom the requirement applies and must be in writing and submitted to the Health Authority, including, at a minimum, the following information: (a) The full name, address, daytime and evening telephone numbers of the party requesting a variance; (b) The address of the licensed premises; (c) The relationship of the party requesting a variance to the licensed premises; (d) The specific reasons why the requirements of City Code or State Rule cannot be met; (e) A description of alternative measures that will be taken to ensure a comparable degree of protection to the health or the environment if a variance is granted; (f) The length of time for which the variance is requested; (g) A statement that the person applying for the variance will comply with the terms of the variance and maintain a copy, if granted; (h) A HACCP plan, if required under part 4626.1730, that includes the information in part 4626.1735 that is relevant to the variance requested; and (i) Other relevant information the City determines necessary to properly evaluate the request for a variance. Subd. 2. Criteria for variance. The Health Authority may grant a variance request upon making all of the following findings of fact in writing: (a) The variance was requested in the manner prescribed by this section of City Code; (b) Science-based evidence that tThe variance will have no potential adverse effect or impact on public health, safety or the environment; 8 Section 9. Subsection 617.25 in the Richfield City Code is amended as follows: Construction shall not commence on any new or remodeled food establishment or any existing structure converted to a food establishment until the Health Authority has reviewed and approved the plans and specifications. Those construction projects being expedited under the fast track building permit process, shall not have any equipment or floor, wall or ceiling finish materials installed until the Health Authority has reviewed and approved the plans and specifications. Subdivision 1. Submission of plans. (a) Two complete sets of printed or one set of digital of plans and specifications shall be submitted to the Health Authority for review. Section 10. Subsection 617.27 in the Richfield City Code is amended as follows: Subdivision 1. The Health Authority shall inspect each food establishment prior to issuing a license and as deemed necessary by the Health Authority. The Health Authority shall not issue a license until the food establishment complies with the standards of this section as demonstrated by a satisfactory inspection. Subd. 2. The Health Authority, after proper identification, shall have the right to enter and have access to the food establishment at any time during the conduct of business. Subd. 3. The Health Authority shall inspect each food establishment as frequently as necessary during construction, and prior to opening for service to the public, to ensure that construction and operations are in conformance with this section. Subd. 4. The Health Authority shall inspect each food establishment at a frequency no less often than State law requires. Subd. 5. The licensee, owner, or operator of a food establishment upon receipt of a health inspection report giving notice of violations of this section shall correct or remove each violation in the length of time determined by the Health Authority. [Critical]Priority 1 and priority 2 food code violations shall be complied with immediately or within 24 hours if not otherwise specified by the Health Authority. Failure to remove or correct each violation within the specified time period shall constitute a separate violation of this section. The Health Authority may issue orders to halt construction or remodeling, or to take corrective measures to ensure compliance with this section. Section 11. This Ordinance will be effective in accordance with Section 3.09 of the City Charter. 9 Adopted this ____ of ________________, 2019. By: ___________________________ Maria Regan Gonzalez, Mayor ATTEST: ________________________ Catherine Rodriguez, Manager AGENDA SECTION:PROPOSED ORDINANCES AGENDA ITEM #6. STAFF RE P ORT NO. 26 CIT Y COUNCIL ME E T ING 2/11/2019 RE P O RT P RE PA RE D B Y: C hris Regis, F inance D irector D E PA RTME NT D IRE C TO R RE V IE W: C hris Regis, F inance D irector 2/5/2019 O THE R D E PA RTM E NT RE V IE W: N/A C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager 2/6/2019 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consideration of the second reading of an ordinance amending Section 300 of the Richfield City Code to formally establish the offices of City Treasurer and City Clerk. E X E C UT IV E S UM M ARY: On J anuary 22, 2019, the City Council approved the first reading of an ordinance amending Section 300 of the Richfield City Code. Minnesota Statute Section 412.681 states that cities with a Council/City Manager form of government must have an office of City Treasurer and an office of City Clerk that are subordinate to the City Manager. These two offices must be created by City ordinance. The current ordinance does not formally establish these offices, although they have existed in the City for some time. T herefore, as a housekeeping measure, staff is recommending that Section 300 of the Richfield City Code be amended to establish these two offices and designate the Finance Director as the City Treasurer. RE C O M M E ND E D AC T I O N: By motion: Approve the second reading of an ordinance amending Section 300 of the Richfield City Code to formally establish the offices of City Treasurer and City Clerk. B AS IS O F RE C O M M E ND AT I O N: A.H IS TOR IC AL C ON T E X T N/A B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Minnesota Statute Section 412.681 states that Council/City Manager form of governments must have City Treasurer and City Clerk offices that are subordinate to the City Manager. These offices must be created by City ordinance. C.C R IT IC AL T IMIN G IS S U E S: N/A D.F IN AN C IAL IMPAC T: N/A E.L E GAL C ON S ID E R AT ION: N/A ALTE R N AT IV E R E C O MME N D ATIO N(S): None P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: N/A AT TAC H ME N T S: D escription Type Ordinance Ordinance BILL NO. _________ AN ORDINANCE AMENDING SECTION 300 OF THE CODE OF ORDINANCES FORMALLY ESTABLISHING THE OFFICES OF CITY TREASURER AND CITY CLERK WITHIN THE CITY ORGANIZATION THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Section 300 of the Richfield City Code is amended to add the following new subsection 300.23 as follows: 300.23. – City treasurer. The office of city treasurer is hereby established. The Finance Director shall serve as city treasurer. The duties of the city treasurer shall be as prescribed by state law and by the city manager. Sec. 2. Section 300 of the Richfield City Code is amended to add the following new subsection 300.25 as follows: 300.25. – City clerk. The office of city clerk is hereby established. The duties of the city clerk shall be as prescribed by state law and by the city manager. Sec. 3. This Ordinance will be effective in accordance with Section 3.09 of the City Charter. Adopted this 11th day of February, 2019. By: ___________________________ Maria Regan Gonzalez, Mayor ATTEST: __________________________ Elizabeth VanHoose, City Clerk AGENDA SECTION:RESOLUTIONS AGENDA ITEM #7. STAFF RE P ORT NO. 27 CIT Y COUNCIL ME E T ING 2/11/2019 RE P O RT P RE PA RE D B Y: Jesse S wenson, HR Manager D E PA RTME NT D IRE C TO R RE V IE W: P am D mytrenko, A dministrative S ervices D irector/A ssistant C ity Manager 1/18/2019 O THE R D E PA RTM E NT RE V IE W: N/A C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager 2/6/2019 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consideration of the adoption of a resolution approving the contract with the Labor and Trades Local 49 for the period January 1, 2019 through December 31, 2020 and authorize the City Manager to execute the agreement. E X E C UT IV E S UM M ARY: City staff has completed labor negotiations with the Labor and Trades Local 49 (Union). The provisions of the 2019-2020 labor agreement cover all of the employees in this Union, which consists of 32 positions. The two-year contract provides a wage adjustment of 3.00% in 2019 and a wage adjustment of 3.00% in 2020. I t also includes an equity adjustment in both contract years to the top steps of the LT1 and LT2 pay grades in order to bring those wages more in line with other similarly-sized metro area cities. This was done after a thorough analysis of metro wages by staff. The agreement also includes the same employer-provided health insurance contributions as given to the city's non-represented employee groups and bargaining units. I t also provides nominal increases to the uniform/boot allowance and to some licensure/certification pay rates. RE C O M M E ND E D AC T I O N: By motion: Adopt a resolution approving the provisions of the 2019-2020 labor agreement with the Labor & Trades Local 49 bargaining unit and authorize the City Manager to execute the agreement. B AS IS O F RE C O M M E ND AT I O N: A.H IS TOR IC AL C ON T E X T The tentatively approved two year contract settlement includes the following significant changes: W ages: A 3.00% wage adjustment for 2019 and a 3.00% wage adjustment for 2020. Equity Adjustment: An equity adjustment was provided to the top step of both the LT1 and LT2 pay grades because metro area wage surveys indicated that this employee group falls below the metro average of top public works workers, water plant operators, and mechanics' wages. The equity adjustment brings the group closer to the average at the end of 2020. The top pay steps will receive a one time adjustment of $0.20 per hour to their base hourly wage for 2019 and another additional one time adjustment of $0.10 per hour to their base hourly wage in 2020. The licensure/certification pyramid pay will increase by $0.10 to $1.85 per hour, effective in 2019. Health I nsurance: The same employer contributions as all other bargaining and non-bargaining groups receive in 2019. The Union also agreed to accept the same contributions as General Services and Management employees in 2020. Dental I nsurance: A $0.25 per month increase to the Employer contribution for Employee single dental insurance coverage at $59.75 per month. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): The City has met and negotiated in good faith with the Union and its representatives and is bound under the Public Employer's Labor Relations Act to meet and bargain over the terms and conditions of employment. The proposed settlement for the health and dental insurance provisions is identical to those provided to both union and non-union City employees. The City has a long history of providing the same level of insurance benefits to all eligible City employees. The 3.00% wage increase represents the same 3.00% wage adjustment implemented for non- union City employees and all other contracts settled for 2019. The 3.00% wage adjustment and health insurance contribution is comparable to other bargaining groups in similar metro cities. A survey of Stanton 5 cities indicates that those cities are providing anywhere from a 2.0 to 3.0 percent increase. The City has a long history of trying to remain as close to the mid-range as possible for Stanton 5 cities, in terms of wages and benefits. The 3.00% wage adjustment for 2020 is the City's and Union's best estimation of what will be the average of such settlements in the metro area. The City is aware of at least three other metro area cities that have settled between 2.75% and 3.00% for 2020. C.C R IT IC AL T IMIN G IS S U E S: I n order to allow the City's accounting personnel to modify payroll records in a timely manner for 2019 wages and benefits, it is recommended that the City Council act on February 11, 2019, to adopt a resolution providing for contract changes, effective J anuary 1, 2019. D.F IN AN C IAL IMPAC T: A 3.00% wage increase for contract year 2019 and 3.00% wage increase for contract year 2020. An equity adjustment to the top step of the LT1 and LT2 pay grades of a $0.20 per hour increase to the base hourly wage in 2019 and a $0.10 per hour increase to the base hourly wage in 2020. An increase to the licensure/certification pyramid pay of $0.10 per hour will result in a potential net financial impact of less than $1,000. An increase to clothing/uniforms/boots allowance to $500 per year. The increase has a net financial impact of $1,950. An increase to mechanic test series from $0.65 per hour to up-to $0.85 per hour. E.L E GAL C ON S ID E R AT ION: I f the terms of this agreement are not approved, further negotiation and/or mediation will be necessary. ALTE R N AT IV E R E C O MME N D ATIO N(S): Do not approve the terms of this agreement and prepare for further negotiation and/or mediation. Defer discussion to another date. P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: None AT TAC H ME N T S: D escription Type Resolution Resolution L etter RESOLUTION NO. RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 49 BARGAINING UNIT FOR YEARS 2019 and 2020 WHEREAS, the City Manager and the International Union of Operating Engineers, Local 49 have reached an understanding concerning conditions of employment for years 2019 and 2020; and WHEREAS, it would be inappropriate to penalize Local 49 members who have negotiated in good faith; and WHEREAS, the City Ordinance requires that contracts between the City and the exclusive representative of the employees in an appropriate bargaining unit shall be completed by Council resolution. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the Labor Agreement between the City of Richfield and International Union of Operating Engineers, Local 49 Bargaining Unit, for years 2019 and 2020 under the provisions of the Labor Agreement to be implemented effective January 1, 2019 and authorize the City Manager to execute the contract. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of February 2019. _______________________________ Maria Regan Gonzalez, Mayor ATTEST: ______________________________ Elizabeth VanHoose, City Clerk AGENDA SECTION:RESOLUTIONS AGENDA ITEM #8. STAFF RE P ORT NO. 28 CIT Y COUNCIL ME E T ING 2/11/2019 RE P O RT P RE PA RE D B Y: K atie Rodriguez, C ity Manager D E PA RTME NT D IRE C TO R RE V IE W: K atie Rodriguez, C ity Manager 2/6/2019 O THE R D E PA RTM E NT RE V IE W: N/A C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager 2/6/2019 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consideration of the adoption of a resolution establishing a policy for advisory boards and commissions appointment preference. E X E C UT IV E S UM M ARY: Each year the City recruits to fill openings on boards and commissions: we have had many more applicants than openings the past 3 years. This year we had 36 applicants to fill 23 openings. Currently, the City ordinance limits Commissioners to three consecutive terms and they may only serve on one Commission at a time. However, in 1993, the Council approved by resolution a policy that provided, where there are more applicants than openings, preference for reappointments to second terms over new applicants and for new applicants over reappointments to third terms. The resolution was repealed when the ordinance language was cleaned up in 2015. Reinstating the policy by resolution would maintain flexibility in appointments and create a more proactive process to appoint new applicants. By including the policy in recruiting documents, including application forms, it would also create a more transparent recruitment and selection process. RE C O M M E ND E D AC T I O N: By motion: Adopt a resolution establishing a policy for advisory boards and commissions appointment preference. B AS IS O F RE C O M M E ND AT I O N: A.H IS TOR IC AL C ON T E X T I ncluded in Executive Summary. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): I ncluded in Executive Summary. C.C R IT IC AL T IMIN G IS S U E S: None D.F IN AN C IAL IMPAC T: None E.L E GAL C ON S ID E R AT ION: The City Attorney has review the resolution and will be available to answer any questions. ALTE R N AT IV E R E C O MME N D ATIO N(S): None P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: N/A AT TAC H ME N T S: D escription Type Resolution Resolution L etter RESOLUTION NO. RESOLUTION ESTABLISHING A POLICY FOR ADVISORY BOARD AND COMMISSIONS APPOINTMENT PREFERENCE WHEREAS, the City Council has established from time to time Boards and Commissions to serve in an advisory capacity to the City Council; and WHEREAS, annually there are usually more volunteers to serve on Advisory Boards and Commissions than there are openings to fill; and WHEREAS, it is the policy of the City Council to seek and involve citizens as a way of adding citizen input in the policy process; and WHEREAS, Advisory Boards and Commissions are established with a portion of the membership terms to expire each year to afford an opportunity for citizens who have not previously served or may have some break in the continuity of service to be considered for appointment; and WHEREAS, it is desirable to have some change in the membership from time to time to encourage volunteerism and to facilitate broad community representation. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, as follows: 1. That it shall be the policy of the City Council, except as otherwise provided by State Statutes and City Ordinances, where there are more applicants than openings, preferences will generally be for reappointments to second terms over new applicants and for new applicants over reappointments to third terms. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of February, 2019. Maria Regan Gonzalez, Mayor ATTEST: Elizabeth VanHoose, City Clerk AGENDA SECTION:OTHER BUSINESS AGENDA ITEM #9. STAFF RE P ORT NO. 29 CIT Y COUNCIL ME E T ING 2/11/2019 RE P O RT P RE PA RE D B Y: Lynnette C hambers, Multifamily Housing C oordinator D E PA RTME NT D IRE C TO R RE V IE W: John S tark, C ommunity D evelopment D irector 2/6/2019 O THE R D E PA RTM E NT RE V IE W: N/A C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager 2/6/2019 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consideration of the approval of agreements with non-profit organizations to provide social services to the City of Richfield and authorization of the City Manager to execute agreements with those agencies. E X E C UT IV E S UM M ARY: Consistent with prior years, the 2019 City Budget includes funding for organizations that provide social services that are deemed to be of benefit to the City and the community in general. The 2019 Budget includes $70,480 for this purpose. I n December 2018, staff distributed a Request for Proposals for Social Services to non-profit agencies serving the City of Richfield for services to be provided in 2019. A total of 9 proposals were received from the following agencies: Headway Emotional Health (The Storefront Group); Cornerstone Advocacy Services; The Family Partnership; Transportation Resources to Aid I ndependent Living (TRA I L); Volunteers Enlisted to Assist People (V E A P); Loaves and Fishes; Richfield Family Stability Work Group; Senior Community Services; and Modulo De I nformacion De Recursos Y Apoyo (MI RA) T he proposals represent a wide variety of social services offered to Richfield residents. T he total amount requested for the nine proposals exceeded the City's available funding by $20,820. Council Member Garcia and two Richfield residents assisted in the review of proposals and subsequent funding recommendations. The review committee's recommendations took into account the type of service(s) to be provided, the target population(s) to be served, and past performance of the social service agency. Of the nine proposals received, one was not recommended for funding: The Family Partnership, because it showed a duplication of services already in place. The following table details the review committee's recommendations: Organization 2019 Proposal Request 2019 Recommendation Headway/Storefront $10,000 $9,000 Cornerstone $12,500 $12,500 TRA I L $4,500 $4,250 V E A P $22,800 $21,230 Loaves and Fishes $9,000 $8,000 The Family Partnership $16,000 $0 Senior Community Services $10,000 $9,000 MI RA $2,000 $2,000 Richfield Family Stability Work Group $4,500 $4,500 TO TAL $91,300 $70,480 A complete overview of all services to be provided by the various organizations is attached. RE C O M M E ND E D AC T I O N: By motion: Approve the agreements between the recommended non-profit organizations and the City of Richfield and authorize the City Manager to execute agreements for services with those agencies. B AS IS O F RE C O M M E ND AT I O N: A.H IS TOR IC AL C ON T E X T T he City of Richfield has historically allocated funds on an annual basis to social service agencies serving the Richfield community. In 2012, the City was required to make changes to its funding practices due to independent audit findings, resulting in the discontinuation of grant funding to social service type agencies beginning in 2013. T he City is not authorized to provide grant funding to social service agencies; however, it has been determined that the City can enter into agreements for services with agencies for specific services that are compatible with City activities. T he 2019 recommendations are based on the following criteria: Demonstrated need of the proposed service for the targeted population. Compatibility with City functions/activities. Partnership and/or assistance with various City services (e.g., public safety). Efforts to serve low-income persons of all races/cultures/ethnicity. Demonstrated value to the community. Past performance. Cost of services and number of persons served. Certified Non-Profit agency. T he following chart provides a seven-year history of the City of Richfield social service funding to the responding agencies (fields left blank indicate no proposal was made): Organization 2012 2013 2014 2015 2016 2017 2018 Headway $15,500 $12,000 $10,930 $8,000 $8,000 $8,000 $8,000 Cornerstone $12,825 $12,000 $10,000 $12,000 $11,000 $12,980 $13,980 People with C A P E S/Adv. for I ntentional Living $5,000 $7,500 $9,250 Comm. I nvolve. Program $6,475 $5,000 $3,000 $4,000 $4,000 TRA I L $2,125 $1,550 $1,550 $2,000 $3,000 $3,500 $4,000 V E A P $15,500 $15,000 $18,000 $18,000 $16,000 $16,000 $19,250 Loaves and Fishes $3,900 $5,000 $5,000 $7,480 $6,000 $7,500 $7,500 Richfield R.E.A.D.Y.$2,325 $1,500 $2,000 $1,500 Family Partnership $11,625 $10,000 $7,000 $6,000 $6,980 $7,000 Senior Comm. Services $7,000 $7,000 $6,000 $6,000 $6,000 $7,000 MI RA $11,625 $9,000 $8,000 $7,000 $3,000 $0 $0 TO TAL $81,900 $76,550 $70,480 $70,480 $70,480 $70,480 $70,480 B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): To partner with other agencies as warranted and practical to assist in the delivery of services to City residents. C.C R IT IC AL T IMIN G IS S U E S: Services are to be provided in the calendar year 2019. D.F IN AN C IAL IMPAC T: A City Council/Administration 2019 allocation of $70,480 is budgeted for social services. This funding has not been increased since 2014. The amount requested exceeded the City’s available funding by $20,820. E.L E GAL C ON S ID E R AT ION: The City Attorney has reviewed the agreements. ALTE R N AT IV E R E C O MME N D ATIO N(S): Approve the recommendations with revised allocations. Do not approve the recommendations. P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: Representatives of the Social Service Agencies have been invited to attend. AT TAC H ME N T S: D escription Type 2019 D escription of S ervices B ackup Material 2019 S ocial S ervices RF P B ackup Material CITY OF RICHFIELD 2019 APPLICANT SERVICES DESCRIPTIONS FOR OTHER AGENCY DIVISION SOCIAL SERVICE FUNDING ASSISTANCE Agency-Program Description of Services Headway/The Storefront Group – Youth Counseling Program Provide counseling, case management, psychological testing and support to Richfield youth, adults and families who are exhibiting risk-behaviors or are experiencing life stressors affecting their well-being. A key component of his work is building/strengthening relationships amount family, school and community. All services are strength based, working to enhance family and individual strengths while reducing or eliminating self-defeating behaviors and other barriers to success. Services include Diversion Services to first-time non-violent offenders to reduce involvement in the juvenile justice system and Truancy Intervention services. Modulo de Informacion, Recursos y Apoyo (MIRA) MIRA is committed to provide resource information, assistance and programs to meet the needs of Latino residents and other new immigrants, often in collaboration with other organizations. Beginning in 2017-2018, MIRA commenced a partnership with Richfield Community Education to expand Latino / immigrant outreach and participation in Community Education programs. Many of the classes and activities that MIRA provided independently in the past are now offered as part of the collaboration with Richfield Community Education. Other organizations utilizing MIRA’s community outreach services during the past year include Casa Esperanza (to organize Latino men’s groups) and Value of Five / Diversity Into Action Navigator (recruit Latino / immigrant participants in a Value of Five / DIA Navigator Job Fair). In addition to collaborations, MIRA hosts some events independently, including a family Reyes Magos (Three Kings) celebration in January, which is in its 7th year, and Feria de la Madre (Women’s Fair) in the Spring. This proposal focuses on expanding outreach services to Latinos and immigrants in Richfield, in collaboration with the City of Richfield. TRAIL (Transportation Resource to Aid Independent Living) – Transportation Services TRAIL will provide transportation to Richfield adults with developmental disabilities, allowing them to attend customized recreation and leisure programs offered by Adaptive Recreation and Learning Exchange (AR&LE). AR&LE offers recreation, leisure and community education opportunities specifically designed to meet the needs of people with disabilities in the cities of Richfield, Eden Prairie, Edina and Bloomington. Cornerstone Advocacy Service – Crisis Intervention Funding is to support Cornerstone’s full continuum of services. Cornerstone provides comprehensive services for Richfield residents who have experienced domestic violence, sexual violence, human trafficking and general crime. Loaves & Fishes – meals, referrals, and advocacy services Serves nutritious meals to the hungry in the areas that need it most. The ultimate goal is to provide nourishment through food and community. Loaves and Fishes operate two dining sites, two summer sites for children when school is not in session, and a produce garden in Richfield: Hope Church (7132 Portland Avenue) and Woodlake Lutheran Church (7525 Oliver Avenue; the garden site is located at Woodlake Lutheran Church as well). The Summer Food Service Program is served at Hope Presbyterian Church and Woodlake Lutheran Church when school is not in session to children who qualify for free or reduced-cost school lunches. Senior Community Services Senior Outreach provides service/case management and supportive counseling to frail older adults and their caregivers to help senior remain as independent as possible and to assist caregivers in providing care while maintaining balance in their lives. VEAP (Volunteers Enlisted to Assist People) VEAP’s Social Services program’s primary goal is to create a path to stability for low-income individuals, seniors, youth, and families in the City of Richfield. The program strives to do this by providing food, financial, and supportive services that increase access to healthy food and stable housing, minimize or prevent crisis situations, and increase client resourcefulness. Richfield Family Stability Workgroup The Family Stability Work Group is a work group created by the now defunct Richfield Community Council. The Family Stability Work Group has been in existence for over 20 years and annually we facilitate 2 – 3 Service Provider Luncheons. The Service Providers we target all work with Richfield residents, but we open the luncheons to any service provider and find our attendance normally comprised of Bloomington, Edina, Richfield and South Minneapolis service providers. These meetings are informative in nature ranging from affordable housing to legislature updates to help the provider’s better serve the needs of the community and its residents. In 2019, the Family Stability Work Group will facilitate a 6 hour workshop entitled Bridges Out of Poverty. This workshop is a comprehensive approach to understanding poverty. Bridges Out of Poverty uses the lens of economic class and provides concrete tools and strategies for a community to alleviate poverty. Participants will review poverty research, examine a theory of change, and analyze poverty through the prism of the hidden rules of class, resources, family structure and language. This training assists employers, community organizations, policy makers, social service agencies, and individuals gain insight and strategies. This workshop will be open to any service providers as well as interested citizens. CITY OF RICHFIELD REQUEST FOR PROPOSALS FOR SOCIAL SERVICES 2019 The City of Richfield is seeking proposals for social services from non-profit agencies serving the City of Richfield. Funding parameters and priority goals for the purpose of making the best use of funds are as follows: Funding Parameters • Any non-profit organization is eligible to apply. • Projects must serve Richfield residents. • Services must be compatible with City functions and activities. Priority Goals Projects must address at least one of the following areas: • Services for vulnerable senior residents. • Services for individuals, families, teens and/or children at risk. • Housing support services for low-income persons and persons at risk. Award Criteria Proposals must meet one or more of the following criteria: • Demonstrated need of the proposed service for the targeted population. • Compatibility with City functions/activities. • Partnership and/or assistance with various City services (i.e., public safety). • Efforts to serve low-income persons of all races/cultures/ethnicities. • Demonstrated value to the community. • Certified Non-Profit agency. Proposal’s must be submitted by 4:30 p.m. December 28, 2018 LATE PROPOSALS WILL NOT BE ACCEPTED Proposals must be submitted by 4:30 p.m. December 28, 2018 LATE PROPOSALS WILL NOT BE ACCEPTED PROPOSAL SUBMISSION INSTRUCTIONS The information requested in the attached Request for Proposals must be addressed in your proposal. Submit 1 electronic copy of your agencies proposal by 4:30 p.m. December 28, 2018 (LATE PROPOSALS WILL NOT BE ACCEPTED) to: Lynnette Chambers City of Richfield 6700 Portland Avenue Richfield, MN 55423 lchambers@richfieldmn.gov Applicants may be asked to respond in writing to additional questions. The Richfield City Council will tentatively award contracts for services in February 2019. Agencies awarded contracts will be required to sign a service agreement for calendar year 2019 and submit semi-annual reports on service outcomes. Please contact Lynnette Chambers at 612-861-9773 or lchambers@richfieldmn.gov with any questions. Proposals must be submitted by 4:30 p.m. December 28, 2018 LATE PROPOSALS WILL NOT BE ACCEPTED CITY OF RICHFIELD 2019 REQUEST FOR PROPOSALS FOR SOCIAL SERVICE ASSISTANCE Proposals for social services must include the following: PROPOSAL HEADING 1. Agency name, address, contact person, and phone/fax/email 2. Amount of request 3. Brief description of service(s) provided 4. Identify priority area(s) you are addressing: a) Services for vulnerable senior residents b) Services for individuals, families, teens and/or children at risk c) Housing support services for low-income persons and persons at risk d) Other: Please Specify 5. Explain how the services you are proposing to provide will benefit the City of Richfield. 6. Explain any formal or informal partnership you have with the City of Richfield (i.e., assisting Public Safety through the services you provide, etc.) ADMINISTRATION 1. Provide a mission statement for your agency. 2. Provide verification of your organization’s non-profit legal status. 3. Indicate your total agency budget for 2019. 4. Indicate your proposed project budget for 2019. Itemize proposed expenses and describe as applicable. Indicate both proposed City funds and other funds to support the project. PROGRAM 1. Describe service to be funded, including: a) Brief statement detailing the service and how it is provided b) Target population(s); estimated number of unduplicated individuals you plan to serve residing in the City of Richfield c) Eligibility criteria and process d) How clients are involved in the planning process for service e) Desired client outcomes and methods of evaluating and measuring client progress (use attached “Proposed Outcome/Evaluation Methods” form) 3. Demonstrate the need for the proposed service. 4. Describe outreach efforts to target populations, including immigrant and low-income individuals. Please contact Lynnette Chambers at 612-861-9773 or lchambers@richfieldmn.gov with any questions. Proposals must be submitted by 4:30 p.m. December 28, 2018 LATE PROPOSALS WILL NOT BE ACCEPTED City of Richfield Social Service Programs - 2019 Proposed Outcomes/Evaluation Methods Name of Applicant Organization: Address: Contact Person: Phone: Email: Brief description of service(s): Outcomes: State 3 to 5 measurable outcomes of proposed service(s) – relate outcomes to client progress Outcomes indicate what result, benefit, or change would come from the service provided. Outcomes can be: 1) initial, such as increased knowledge, understanding, or skills; 2) intermediate, such as change in a specific behavior or attitude; or 3) long term, such as a change in the condition or status of people. Indicators: Describe methods of evaluating proposed outcomes – how you will measure client progress AGENDA SECTION:RESOLUTIONS 2 AGENDA ITEM #11. STAFF RE P ORT NO. 30 CIT Y COUNCIL ME E T ING 2/11/2019 RE P O RT P RE PA RE D B Y: Jeff P earson, C ity E ngineer D E PA RTME NT D IRE C TO R RE V IE W: K ristin A sher, P ublic Works D irector 2/5/2019 O THE R D E PA RTM E NT RE V IE W: N/A C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager 2/6/2019 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consideration of the adoption of a resolution authorizing a stipulated award of commissioners for the acquisition of the Motel 6 Property as required for the construction of the 77th Street/Richfield Parkway project. E X E C UT IV E S UM M ARY: Based on Council actions at the September 11, 2018, Council Meeting, the City made a deposit on J anuary 22, 2019, for the $4,600,000 appraised value of the Motel 6 property with the District Court. A closed session will be held February 11, 2019, to consider a counter offer by the property owner. I f accepted, this resolution authorizes staff to direct final payment and complete property acquisition per the terms of the offer. RE C O M M E ND E D AC T I O N: By motion: Adopt a resolution authorizing a stipulated award of commissioners for the acquisition of the Motel 6 Property as required for the construction of the 77th Street/Richfield Parkway project. B AS IS O F RE C O M M E ND AT I O N: A.H IS TOR IC AL C ON T E X T The Council passed a resolution on September 11, 2018, to pursue the acquisition of private property for the 77th Street Underpass Project including the use of eminent domain as necessary. Hennepin County District Court granted the City's petition in condemnation on J anuary 22, 2019, and filed an order awarding the City with title and the right to possession to the Motel 6 property following the deposit of its $4,600,000 appraised value. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Minnesota Statutes, Section 13D.05, Subd. 3(b) C.C R IT IC AL T IMIN G IS S U E S: Right-of-way acquisition must be complete before the project can move into construction. D.F IN AN C IAL IMPAC T: Closed session discussion will include financial impact of right-of-way acquisition. E.L E GAL C ON S ID E R AT ION: The City Attorney and the attorney representing the City in the property acquisition process will be present for questions. ALTE R N AT IV E R E C O MME N D ATIO N(S): None P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: None AT TAC H ME N T S: D escription Type