10-08-2019 Regular AgendaREGULAR CITY COUNCIL MEETING
RICHFIELD MUNICIPAL CENTER, COUNCIL CHAMBERS
OCTOBER 8, 2019
7:00 PM
INTRODUCTORY PROCEEDINGS
Call to order
Open forum (15 minutes maximum)
Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments
are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address
the Council must have registered prior to the meeting.
Pledge of Allegiance
Approval of the Minutes of the: (1) Concurrent City Council, HRA, Planning Commission Work Session for September
24, 2019. (2) City Council Meeting Minutes for September 24, 2019
PRESENTATIONS
1. Presentation of Managing Fire Officer Program Certificate to FF Shea Chwialkowski
2. Firefighter and Fire Lieutenant Badging Ceremony
3. Proclamation for Indigenous Peoples Day
4. Annual meeting with the Transportation Commission
5. Hats Off to Hometown Hits
COUNCIL DISCUSSION
AGENDAAPPROVAL
6. Approval of the Agenda
7. 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. Consider approval of the Master Grant Contract for Community Health Boards with the Minnesota
Department of Health. This contract is effective January 1, 2020 - December 31, 2024.
Staff Report No. 116
B. Consider approval to purchase two (2) MT Trackless Tractors, with v-plow and snow blower attachments,
from MacQueen Equipment Inc., in the amount of $290,077.
Staff Report No. 117
8. Consideration of items, if any, removed from Consent Calendar
PUBLIC HEARINGS
9. Public hearing and consideration of a resolution adopting the assessment for weed elimination from private
property and removal or elimination of public health or safety hazards from private property.
Staff Report No. 118
10. Public Hearing and consideration of a resolution to adopt the special assessment for unpaid false alarm user
fees against private property.
Staff Report No. 119
11. Public hearing and consideration of a resolution adopting special assessments for unpaid vacant property
registration fees against private property.
Staff Report No. 120
12. Public hearing and consideration of a resolution authorizing certification of delinquent utility bills to be collected
with property taxes.
Staff Report No. 121
13. Public hearing and consideration of a resolution adopting the assessment for removal of diseased trees from
private property for work ordered from January 1, 2018, through December 31, 2018.
Staff Report No. 122
14. Public hearing and consideration of resolutions adopting the annual Lyndale/HUB/Nicollet (LHN) Maintenance
District assessment and proposed work for 2020.
Staff Report No. 123
15. Public hearing and consideration of resolutions adopting the annual Interstate/Lyndale/Nicollet (ILN) Project Area
assessment and proposed work for 2020.
Staff Report No. 124
RESOLUTIONS
16. Violation hearing and consideration of a resolution regarding civil enforcement for establishments that recently
underwent alcohol compliance checks conducted by Richfield Public Safety staff, and failed by selling alcohol to
underage youth.
Staff Report No. 125
CITY MANAGER'S REPORT
17. City Manager's Report
CLAIMS AND PAYROLLS
18. Claims and Payrolls
19. Adjournment
Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96
hours in advance to the City Clerk at 612-861-9738.
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Concurrent City Council, HRA and
Planning Commission Work Session
September 24, 2019
CALL TO ORDER
The meeting was called to order by Mayor Regan Gonzalez at 5:45 p.m. in the Bartholomew
Room.
Council Members Maria Regan Gonzalez, Mayor; Mary Supple; Simon
Present: Trautmann; and Ben Whalen.
Council Members Edwina Garcia
Absent:
HRA Commission
Members Present: Mary Supple, Chair; Pat Elliott; Maria Regan Gonzalez; Sue Sandahl; and Erin
Vrieze Daniels.
Planning Commission
Members Present: Kathryn Quam; Susan Rosenberg; Sean Hayford Oleary; and James Rudolph.
Planning Commission
Members Absent: Allysen Hoberg Chair; Bryan Pynn; and Peter Lavin.
Staff Present: Katie Rodriguez, City Manager; Neil Ruhland, Communication and Engagement
Manager; Mary Tietjen, City Attorney; Melissa Poehlman, Asst. Community
Development Director; and Blanca Martinez Gavina, Executive Analyst.
Others Present: Brian Bochman, Austin Morris and Adam Guy from Enclave Development
Item #1 PRELIMINARY CONSIDERATION OF A REDEVELOPMENT PROPOSAL FOR
PROPERTIES AT THE NORTHEAST CORNER OF 65TH STREET AND
LYNDALE AVENUE (6439 LYNDALE AVENUE SOUTH, 6437 LYNDALE AVENUE
SOUTH, AND 415 - 64 1/2 STREET)
Asst. Community Development Poehlman introduced Brian Bochman, Austin Morris and Adam
Guy from Enclave Development.
Austin Morris reviewed the plans for development for multi -family and human centric spaces
that provide a community focused experience.
Commissioner Elliot expressed that the timing is impeccable for this project. He talked about
the historical context of some developments like Lyndale Plaza and stated that he was excited about
the possibilities of upgrading existing affordable housing.
Concurrent City Council, HRA and
Planning Commission Work Session Minutes -2- September 24, 2019
Commissioner Vrieze Daniels asked clarifying questions on the amount of space that would be
used for retail within the development.
Asst. Community Development Director stated that there are currently at least 30,000 sq. ft. or
15,000 sq. ft. per building.
Council Member Whalen asked for clarification on the TIF value and 15% in lieu payment
would allot to.
Brian Bochman stated that the TIF amount is roughly $3.9 million. There were further
specifications of these amounts.
Council Member Whalen stated his objection to subsidizing market rate luxury developments
and using TIF funds towards this type of development.
Austin Morris expressed the challenges with existing conditions of the building and reiterated
that there are no current re -development projects within the 46 metros in a dense area that are not
using TIF, with exception of downtown Minneapolis. He continued to state that it is a crucial time to
redevelop downtown Richfield.
Asst. Community Development Director stated that TIF funds can only fund eligible items and
not for amenities like granite countertops.
Commissioner Vrieze Daniels spoke to the ongoing reduction of affordable retail spaces and
the challenge that it poses for small businesses.
Austin Morris remarked that this development is an effective use of land and that the company
is trying to target rental rates in Richfield.
Council Member Supple expressed that parking is an issue; there is an overflow from Lyn-65.
She also asked if there was a shadow study done.
Adam Guy stated that there are minimum shadows across the parking lot and most of the
shadow impact is in December.
Council Member Whalen asked the Enclave team what the rental rates would be for these
apartment complexes.
Brian Bochman responded as follows: Studios $1,200, 2 bedrooms $1,600.
Council Member Whalen stated that a renter's average income in Richfield is $34,000.
Brian Bochman stated that the rates are compatible with projects that are going up the metro
area and that it is impossible to fill the niche for everyone.
Commissioner Quam asked about design elements and wondered if the design was too
modern to withstand changing architecture.
Asst. Community Development Director Poehlman shared information about a market study on
66th and Nicollet that stated the City has too much retail and that needs of residents lie on high end
niche stores.
Brian Bochman gave information about projected taxes of $80,000 annually.
Concurrent City Council, HRA and
Planning Commission Work Session Minutes -3-
September 24, 2019
Commissioner Supple spoke about the need to take action but to also be aware of unintended
consequences. She further stated that it is important to be cognizant of the push for luxury housing
but not at the expense of relocating residents.
Commissioner Elliot, commented that there is a ripple effects for decisions made and not
made, willing and able to bring upon these issues.
Austin Morris commented that they focus on durability and not latest amenities.
ADJOURNMENT
The work session was adjourned by unanimous consent at 6:50 p.m.
Date Approved: October 8, 2019
Blanca Martinez Gavina
Executive Analyst
Maria Regan Gonzalez
Mayor
Katie Rodriguez
City Manager
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
September 24, 2019
CALL TO ORDER
The meeting was called to order by Mayor Regan Gonzalez at 7:02 p.m. in the Council Chambers.
Council Members
Present.
Council Members
Absent:
Staff Present
Maria Regan Gonzalez, Mayor; Mary Supple; Simon
Trautmann; and Ben Whalen.
Edwina Garcia
Katie Rodriguez, City Manager; Mary Tietjen, City Attorney; Pam Dmytrenko,
Asst. City Manager; Neil Ruhland, Communications Manager; and Blanca
Martinez Gavina, Executive Analyst.
PLEDGE OF ALLEGIANCE
Mayor Regan Gonzalez led the Pledge of Allegiance.
OPEN FORUM
Richfield School Board Member Crystal Brakke and Richfield Public School Superintendent
Steve Unowsky, thanked Fire Department Chief Kewitsch, Chief Building Official Rick Regnier, all City
Staff, and the Council for their hard work to ensure Richfield's public schools were open on time.
Candance Johnson, 6712 Pleasant Ave, from Richfield Social Justice Community or RSJC,
spoke about RSJC's concerns on some of Richfield Police Department's policies and the current
status of PMAC (Police Multicultural Advisory Committee).
Megan Fatheree, Richfield resident, commented about the communities' desire to engage
more with the Richfield Police Department.
APPROVAL OF MINUTES
M/Trautmann, S/Supple to (1)City Council Work Session of September 10, 2019; (2) Regular
City Council meeting of September 10, 2019; (3) Concurrent City Council/HRA/EDA meeting of
September 16th
Motion carried 4-0.
Council Meeting Minutes -2- September 24, 2019
ITEM #1 PROCLAMATION DECLARING SEPTEMBER 15 TO OCTOBER 15 HISPANIC
HERITAGE MONTH IN THE CITY OF RICHFIELD
Pablo Tapia, from Asamblea de Derechos Civiles, thanked the City Council for their leadership
and asked for the commitment of the City of Richfield to lead with equity.
Mayor Regan Gonzalez spoke to the role that Latino organizations have in the City of
Richfield.
Council Member Supple stated that the City should be celebrating the contributions of the
Latino community all year long.
Council Member Trautmann acknowledged the importance of the proclamation and also the
member of Latino Lives Matter who were sitting in the audience.
ITEM #2 PRESENTATION ON THE ANNUAL MEETING WITH RICHFIELD ADVISORY
BOARD OF HEALTH
Health Administrator with the City of Richfield, Jennifer Anderson gave an overview of the
annual meeting with Richfield Advisory Board of Health. Health Administrator Jennifer Anderson
noted the importance of public health and promoting healthy lives. Jennifer also gave praise to
Advisory Board Member Rose Jost, who won the Minnesota Department of Health Public Health
Award for 2018.
Mayor Regan Gonzalez commended Richfield's Advisory Board of Health and highlighted the
importance of the municipally based Richfield, Bloomington and Edina Departments of Health, which
tailors to the needs of the local community.
ITEM #3 PRESENTATION OF THE BREASTFEEDING FRIENDLY EMPLOYER
RECOGNITION
Mayor Regan Gonzalez recognized members of the WIC Breastfeeding Coalition for their
efforts in promoting the importance of Breastfeeding.
Mayor Regan Gonzalez introduced Joan Bulfer, Health Specialist for the Public Health Division
to present The Breastfeeding Friendly Employer Recognition to Best Buy Co.,lnc. The recognition
was presented to two Best Buy employees: Lucie Cregeur and McKenzie Gaertner.
Council Member Supple shared additional comments from another Best Buy Co.,lnc.,
employee who stated their appreciation for the company's flexibility and support of breastfeeding
mothers.
Council Meeting Minutes -3- September 24, 2019
ITEM #4 COUNCIL DISCUSSION
• Hats Off to Hometown Hits
Council Member Whalen thanked everyone who made Penn Fest a success and shared
highlights of a meeting with community members about moving from affordable housing to equitable
housing. Council Member Whalen also noted his attendance to the Minneapolis Regional Labor
Federation event with elected leaders and labor unions. There were two reminders about the
refrigeration project of the ice arenas and the school board election forum on October 51"
Council Member Supple shared appreciation for all the businesses, community members and
city staff that made Penn Fest a success. There was a reminder that the Department of
Transportation is holding pop -ups to do roundabout education. Council Member Supple urged the
residents to take part of the Renovation Celebration on October 5th from 1-5 p.m.
Council Member Trautmann stated the importance to support the Wine Tasting Event by the
Richfield Foundation on October 1011 and urged the public to donate. The Council Member also
recognized all of the volunteers, city staff, organizations, non -profits and businesses that made it
possible. There was also a reminder to learn more about the ice arena refrigeration process.
Mayor Regan Gonzalez shared two events on September 28th. The first event of Workshop on
Know Your Right's forum from 8:00-Noon, specifically focused for immigrants in the community with
free legal consulation, health clinic, vaccines, music therapy, activities for kids, mental health
resources. The second event was Stories Together with Miss Richfield, also on Saturday from 9a.m.
to 11:00 a.m. Augsburg Park Library.
Item #5 APPROVAL OF THE AGENDA
M/Whalen, S/Trautman to approve the agenda.
Motion carried 4-0.
Item #6 CONSENT CALENDAR
City Manager Rodriguez presented the consent calendar.
A. Consider approval to renew the contract with the MN Internet Crimes Against Children (ICAC)
through May 31, 2024 to receive federal grant funding for Public Safety/Police. (Staff Report
No. 108)
B. Consider approval to renew the contract with Chief's Towing, Inc., for Public Safety towing
services for December 1, 2019, through November 30, 2021. (Staff Report No.109)
C. Consider approval of a three year contract with Vita ISTM, for Public Safety and Fire
Personnel. (Staff Report No.110)
D. Consider the adoption of a resolution authorizing acceptance of Office of Traffic Safety (OTS)
funds for an extension on an original four-year grant to fully fund an officer dedicated for DWI
enforcement in Richfield. (Staff Report No.111)
RESOLUTION NO. 11653
RESOLUTION AUTHORIZING THE DEPARTMENT OF
Council Meeting Minutes -4- September 24, 2019
PUBLIC SAFETY/POLICE TO ACCEPT GRANT
MONIES FROM THE OFFICE OF TRAFFIC SAFETY
IN THE AMOUNT OF $76,919.89 OR
A LESSER AMOUNT, AS AWARDED BY
THE DEPARTMENT OF PUBLIC SAFETY,
TO FUND A POLICE OFFICER DEDICATED TO DWI ENFORCEMENT
E. Consider approval of a Temporary On Sale Intoxicating Liquor license for the Richfield
Foundation's Wine Tasting event to take place on Thursday, October 10, 2019, in the atrium
area of Woodlake Center, located at 6601 Lyndale Ave South. (Staff Report No.112)
F. Consider approval of a contract renewal with Adesa Minneapolis for 2019-2020 for auctioning
forfeited vehicles from Public Safety/Police. (Staff Report No. 113)
M/Supple, S/Trautmann to approve the consent calendar.
Council Member Supple reiterated constituent Judy Moe's support for the Vita ISTM program.
Council Member Whalen stated his support for the Vita ISTM program and the positive impact it
can have in the community. The Council Member also shared his support for the MN Internet Crimes
Against Children collaboration.
Motion carried 4-0.
Item #7 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT
CALENDAR
None.
CONSIDER ADOPTION OF A RESOLUTION DESIGNATING THE CITY'S
Item #8 CONTRIBUTION TOWARDS HEALTH, DENTAL, TERM LIFE, AND
DISABILITY INSURANCE PREMIUMS FOR 2020 FOR GENERAL SERVICES,
MANAGEMENT, AND LOCAL 49 BARGAINING UNIT
Council Member Supple introduced the resolution and highlighted that there would not be any
changes to the term life and disability insurance and only a 25 cent increase in the dental. Council
Member Supple welcomed Assistant City Manager Dmytrenko.
Assistant City Manager Dmytrenko referenced the timeline for open enrollment and details
about the City's focus on employee health and wellbeing.
M/Supple, S/Whalen to adopt a resolution designating the City's contribution towards health
dental, term life, and disability insurance premiums for 2020 for general services management, and
local 49 bargaining units.
RESOLUTION NO. 11654
RESOLUTION DESIGNATING CITY'S CONTRIBUTION
TOWARD HEALTH, DENTAL, TERM LIFE, AND DISABILITY INSURANCE
PREMIUM FOR GENERAL SERVICES, MANAGEMENT, AND LOCAL 49 EMPLOYEES
Council Member Whalen stated his appreciation for the care and ongoing support of City
Richfield employees.
Council Meeting Minutes -5- September 24, 2019
Council Member Trautmann commended Assistant City Manager Dmytrenko and Human
Resource Staff for their incredible work in the insurance acquirement process.
Mayor Regan Gonzalez spoke of their appreciation of Assistant City Manager Dmytrenko and
all the staff who support and provide input for the insurance designations.
Motion carried 4-0.
Item #9 CITY MANAGER'S REPORT
City Manager Rodriguez had nothing to report at that time.
Item #10 CLAIMS AND PAYROLLS
M/Trautmann, S/Supple that the following claims and payrolls be approved:
U.S. Bank 9/24/19
A/P Checks: 280811 - 281264 $ 4,931,202.89
Payroll: 148845-149159-43060-43065 677,727.32
TOTAL $ 5,608,930.21
Motion carried 4-0.
Item #11 ADJOURNMENT
The meeting was adjourned by unanimous consent at 8:10 p.m.
Date Approved: October 8, 2019
Maria Regan Gonzalez
Mayor
Blanca Martinez Gavina Katie Rodriguez
Executive Analyst City Manager
Proclamation of the City of Richfield
Indigenous Peoples Day proclamation
WHEREAS, the land now known as the State of Minnesota has been home to
Indigenous Peoples since time immemorial, and without whom, the building of this
state would not have been possible; and
WHEREAS, Indigenous Peoples have made essential contributions to the
landscape of Minnesota, including traditional knowledge, experience, labor,
technology, science, philosophy, industry, and arts; and
WHEREAS, Indigenous Peoples have long served as protectors and stewards of
the natural environment for the benefit of all; and
WHEREAS, the City of Richfield strives to eliminate systemic racism toward
Indigenous Peoples, and seeks to promote practices and policies that honor the
state's indigenous roots, history and contributions; and
WHEREAS, the City of Richfield joins a growing number of government entities
across the country that have recognized the second Monday of October as
Indigenous Peoples Day, in order to promote appreciation, tolerance, reconciliation,
understanding, friendship, and continued partnerships among all of its people; and
WHEREAS, the Richfield Human Rights Commission supported this proclamation
at its September 3, 2019, meeting and recommended the Richfield City Council do
the same; and
NOW, THEREFORE, I, MARIA REGAN GONZALEZ, Mayor of the City of
Richfield, and the Richfield City Council, do hereby proclaim the second Monday in
October Indigenous Peoples Day in the City of Richfield.
PROCLAIMED the 8t" day of October, 2019.
Maria Regan Gonzalez, Mayor
AGENDA SECTION: CONSENT CALENDAR
AGENDA ITEM # TA.
STAFF REPORT NO. 116
CITY COUNCIL MEETING
10/8/2019
REPORT PREPARED BY: Jennifer Anderson, Support Services Manager
DEPARTMENT DIRECTOR REVIEW: Jay A. Henthorne, Director of Public Safety/Chief of Police
9/30/2019
OTHER DEPARTMENT REVIEW:
CITYMANAGER REVIEW: Katie Rodriguez, City Manager
10/2/2019
ITEM FOR COUNCIL CONSIDERATION:
Consider approval of the Master Grant Contract for Community Health Boards with the Minnesota
Department of Health. This contract is effective January 1, 2020 - December 31, 2024.
EXECUTIVE SUMMARY:
The Master Grant Contract for Community Health Boards is designed to simplify the review of grant project
agreements for community health boards. This grant is important because it applies to all grants that the
Minnesota Department of Health distributes to Community Health Boards.
RECOMMENDED ACTION:
By Motion: Approve the Master Grant Contract for Community Health Boards for the period of five
years, starting January 1, 2020 - December 31, 2024.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
Historically this document has been signed by the Community Health Services (CHS) Administrator and
forwarded to the Minnesota Department of Health. The City Attorney however, recommended this be
forwarded to the City Council for approval.
B. POLICIES (resolutions, ordinances, regulations, statutes. etch
The City of Richfield became a Local Public Health department in 1977, which makes the City of
Richfield eligible to receive public health funding to address community specific health needs.
C. CRITICALTIMING ISSUES:
The Minnesota Department of Health requests this contract be signed and returned as quickly as
possible. The Master Grant Contract must be fully executed by the end of 2019 when the current
contract expires.
D. FINANCIAL IMPACT:
The city must approve the Master Grant Contract for Community Health Boards in order to continue to
receive funds from the Minnesota Department of Health in 2020 - 2024.
E. LEGAL CONSIDERATION:
The City Attorney has reviewed the contract and it was approved.
ALTERNATIVE RECOMMENDATION (Sl:
The city must approve the contract in order to continue to receive funds from the Minnesota Department of
Health.
PRINCIPAL PARTIES EXPECTED AT MEETING:
ATTACHMENTS:
Description Type
❑ Master Grant Contractfor CHB's Cover Memo
DEPARTMENT MASTER GRANT CONTRACT
OF HEALTH FOR COMMUNITY HEALTH BOARDS
THIS MASTER GRANT CONTRACT, and amendments and supplements thereto, is between the State of
Minnesota, acting through its Minnesota Department of Health ("MDH") and City of Richfield Community Health
Board ("GRANTEE"), an independent organization, not an employee of the State of Minnesota, address: 6700
Portland Avenue So., Richfield, MN 55423. Master Grant Contract Number: 12-700-00080.
1. Under Minnesota Statute §144.0742, MDH is empowered to enter into a contractual agreement for the
provision of statutorily prescribed public health services;
MDH and GRANTEE anticipate entering into project agreements with respect to one or more individual grant
projects.
3. MDH and GRANTEE wish to streamline the project agreements for individual grant projects by incorporating
by reference the provisions of this master grant contract.
NOW, THEREFORE, it is agreed:
1. TERM OF AGREEMENT.
1.1. Effective Date. This master grant contract shall be effective on January 1, 2020, or the date MDH
obtains all required signatures under Minnesota Statutes, section 16C.05, subdivision 2, whichever is later.
GRANTEE must not begin work until MDH'S Authorized Representative has notified GRANTEE that work
may commence.
1.2 Expiration Date. December 31, 2024. MDH will enter into project agreements with GRANTEE for
individual grant programs and responsibilities within this aforementioned time frame. The expiration of
this master grant contract is not subject to appeal.
1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this master grant
contract: 8. Liability, 9. State Audits, 10. Government Data Practices and Data Disclosure, 11. Ownership of
Materials and Intellectual Property Rights, 13. Jurisdiction and Venue, and 14. Disputes.
1.4 Conflict of Terminology: If any term, condition, or provision of this master grant contract is
contradictory to or in conflict with any similar term, condition, or provision of a project grant agreement,
then the term, condition, or provision of the project grant agreement shall take precedent and control.
2. GRANT REQUIREMENTS. Requirements of receiving grant funds may include, but are not limited to:
financial reconciliations of payments to GRANTEE, site visits of GRANTEE, programmatic monitoring of
work performed by GRANTEE and program evaluation. GRANTEE will not be paid for work that MDH
deems unsatisfactory, or performed in violation of federal, state or local law, ordinance, rule or regulation.
3. TRAVEL EXPENSES. GRANTEE will be reimbursed for travel and subsistence expenses in the same manner
and in no greater amount than provided in the current "Commissioner's Plan" promulgated by the
Commissioner of Minnesota Management and Budget ("MMB"). The Grantee will not be reimbursed for
travel and subsistence expenses incurred outside Minnesota unless it has received the MDH'S prior
written approval for out of state travel. Minnesota will be considered the home state for determining
whether travel is out of state.
4. CONTRACTING AND BIDDING REQUIREMENTS. Per Minnesota Statutes, section 471.345, subdivision 1,
GRANTEES that are municipalities must follow the law.
Master Grant Contract # 12-700-00080 Page 1
between the Minnesota Department of Health and City of Richfield Community Health Board 9/2019
For projects that include construction work of $25,000 or more, prevailing wage rules apply per Minnesota
Statutes, sections 177.41 through 177.44. These rules require that the wages of laborers and workers
should be comparable to wages paid for similar work in the community as a whole.
TERMINATION.
5.1 Termination by the State or Grantee. MDH or GRANTEE may cancel this master grant contract at any
time, with or without cause, upon thirty (30) days written notice to the other party.
5.2 Termination for Cause. If GRANTEE fails to comply with the provisions of this master grant contract,
MDH may terminate this grant contract without prejudice to the right of MDH to recover any money
previously paid. The termination shall be effective five business days after MDH mails, by certified mail,
return receipt requested, written notice of termination to GRANTEE at its last known address.
5.3 Effect of Termination. If either GRANTEE or MDH exercises it respective right to terminate this master
grant contract, with or without cause, or if this master grant contract is otherwise terminated, any
individual project grant agreement which incorporates the terms and conditions of this master grant
contract shall also be terminated as of the date this master grant contract terminates.
6. ASSIGNMENT. GRANTEE shall not assignor transfer any rights or obligations under this master grant
contract without the prior written consent of MDH.
7. AMENDMENTS. Any amendments to this master grant contract shall be in writing, and will not be
effective until the amendment has been fully executed by the same parties who executed the original of
this master grant contract, or their successors in office.
8. LIABILITY. Each party shall be responsible for its own acts and behaviors and the results thereof. The
liability of GRANTEE is governed by Minnesota Statutes, chapter 466 and other applicable laws. The
Minnesota Tort Claims Act, Minnesota Statues, section 3.736, and other applicable laws govern MDH'S
liability.
9. STATEAUDITS. Under Minnesota Statutes, section 166.98, subdivision 8, GRANTEE'S books, records,
documents, and accounting procedures and practices of GRANTEE, or any other relevant party or
transaction, are subject to examination by MDH, the State Auditor, and the Legislative Auditor, as
appropriate, for a minimum of six (6) years from the end of this master grant contract, receipt and
approval of all final reports, or the required period of time to satisfy all state and program retention
requirements, whichever is later.
10. GOVERNMENT DATA PRACTICES AND DATA DISCLOSURE.
10.1 Government Data Practices. GRANTEE and MDH must comply with the Minnesota Government
Data Practices Act as it applies to all data provided by the MDH under individual grant project agreements,
and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by
GRANTEE under individual grant project agreements. The civil remedies of Minnesota Statutes Section
13.08 apply to the release of the data referred to in this clause by either GRANTEE or MDH.
If GRANTEE receives a request to release the data referred to in this clause, the GRANTEE must
immediately notify MDH. MDH will give GRANTEE instructions concerning the release of the data to the
requesting party before any data is released. GRANTEE's response to the request must comply with the
applicable law.
10.2 Data Disclosure. Pursuant to Minnesota Statutes, section 270C.65, subdivision 3, and all other
applicable laws, GRANTEE consents to disclosure of its social security number, federal employee tax
identification number, and Minnesota tax identification number, all of which have already been provided
Master Grant Contract # 12-700-00080 Page 2
between the Minnesota Department of Health and City of Richfield Community Health Board 9/2019
to MDH, to federal and state tax agencies and state personnel involved in the payment of state
obligations. These identification numbers may be used in the enforcement of federal and state tax laws
which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax
liabilities, if any.
11. OWNERSHIP OF MATERIALS AND INTELLECTUAL PROPERTY RIGHTS
This clause 11 shall not apply to any grant projects involving the Special Supplemental Nutrition Program
for Women, Infants and Children (WIC) Program and the Title V Maternal and Child Block Grant.
11.1. Except as otherwise required by Minnesota or Federal law, GRANTEE shall own all rights, title and
interest in all of the materials conceived or created by GRANTEE, or its employees or subgrantees, either
individually or jointly with others and which arise out of the performance of individual grant project
agreements, including any inventions, reports, studies, designs, drawings, specifications, notes,
documents, software and documentation, computer based training modules, electronically, magnetically
or digitally recorded material, and other work in whatever form ("MATERIALS").
MDH agrees to, and hereby does, assign all rights, title and interest it may have in the MATERIALS to the
GRANTEE. MDH shall, upon request of GRANTEE, execute all papers and perform all other acts necessary
to transfer or record GRANTEE'S ownership interest in the MATERIALS.
11.2. GRANTEE represents and warrants that MATERIALS produced or used under individual grant project
agreements do not and will not infringe upon any intellectual property rights of another, including but not
limited to patents, copyrights, trade secrets, trade names, and service marks and names. GRANTEE shall
indemnify and defend MDH, at GRANTEE'S expense, from any action or claim brought against MDH to the
extent that it is based on a claim that all or parts of the MATERIALS infringe upon the intellectual property
rights of another. GRANTEE shall be responsible for payment of any and all such claims, demands,
obligations, liabilities, costs, and damages including, but not limited to, reasonable attorney fees arising
out of this master grant contract, individual grant project agreements and amendments and supplements
thereto, which are attributable to such claims or actions. If such a claim or action arises, or in GRANTEE'S
or MDH'S opinion is likely to arise, GRANTEE shall at MDH'S discretion either procure for MDH the right or
license to continue using the MATERIALS at issue or replace or modify the allegedly infringing MATERIALS
as necessary and appropriate to obviate the infringement claim. This remedy of MDH shall be in addition
to and shall not be exclusive of other remedies provided by law.
11.3. GRANTEE hereby grants to MDH a perpetual, irrevocable, no -fee right and license to make, have
made, reproduce, modify, distribute, perform, and otherwise use the MATERIALS for any and all purposes,
in all forms and manners that MDH, in its sole discretion, deems appropriate. GRANTEE shall, upon the
request of MDH, execute all papers and perform all other acts necessary, to document and secure said
right and license to the MATERIALS by MDH. At the request of MDH, GRANTEE shall permit MDH to
inspect the original MATERIALS and provide a copy of any of the MATERIALS to MDH, without cost, for use
by MDH in any manner MDH, in its sole discretion, deems appropriate.
12. WORKER'S COMPENSATION. GRANTEE certifies that it is in compliance with Minnesota Statutes, section
176.181, subdivision 2, pertaining to workers' compensation insurance coverage. GRANTEE'S employees
and agents will not be considered STATE employees. Any claims that may arise under the Minnesota
Workers' Compensation Act on behalf of these employees and any claims made by any third party as a
consequence of any act or omission on the part of these employees are in no way MDH'S obligation or
responsibility.
13. JURISDICTIONAND VENUE. This master grant contract and the project grant agreements, and
amendments and supplements thereto, shall be governed by the laws of the State of Minnesota. To the
extent litigation is not prohibited by section 14 of this master grant contract, venue for all legal
Master Grant Contract # 12-700-00080 Page 3
between the Minnesota Department of Health and City of Richfield Community Health Board 9/2019
proceedings arising out of this master grant contract, or breach thereof, shall be in the state or federal
court with competent jurisdiction in Ramsey County, Minnesota.
14. DISPUTES. Any dispute shall be decided by MDH'S Authorized Representative for the particular grant
project agreement that the dispute concerns. MDH'S Authorized Representative will be identified in each
grant project agreement between MDH and GRANTEE. If GRANTEE is dissatisfied with the decision of
MDH'S Authorized Representative, GRANTEE'S sole and exclusive remedy is an administrative hearing
before an administrative law judge under the contested case procedures of the Minnesota Administrative
Procedure Act, Chapter 14 of the Minnesota Statutes. Pursuant to Chapter 14, the administrative law
judge shall make a report to the Minnesota Commissioner of Health, who shall make the final decision on
the contested case. If GRANTEE wishes to request an administrative hearing, GRANTEE must request a
hearing in a writing received by MDH within 30 calendar days after GRANTEE'S receipt of the decision of
MDH'S Authorized Representative. The decision of the Minnesota Commissioner of Health shall be subject
to judicial review as provided in the Minnesota Administrative Procedure Act at Minnesota Statutes,
sections 14.63 to 14.69.
15. OTHER PROVISIONS
A. Contractor Debarment Suspension And Responsibility Certification
Federal Regulation 45 CFR 92.35 prohibits MDH from purchasing goods or services with federal money
from parties who have been suspended or debarred by the federal government. A party may be
suspended or debarred when it is determined, through a duly authorized hearing process, that they
have abused the public trust in a serious manner. In particular, the federal government expects MDH
to have a process in place for determining whether a vendor has been suspended or debarred, and to
prevent such vendors from receiving federal funds.
By signing this master grant contract, GRANTEE certifies that it and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from transacting business by or with any federal, state or local government
department or agency; and
2. Have not within a three-year period preceding this grant contract: a) been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain or performing a public (federal, state or local) transaction or
contract; b) violated any federal or state antitrust statutes; or c) committed embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false statements or receiving stolen
property; and
3. Are not presently indicted or otherwise criminally or civilly charged by a government entity for: a)
commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or
performing a public (federal, state or local) transaction; b) violating any federal or state antitrust
statutes; or c) committing embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements or receiving stolen property; and
4. Are not aware of any information and possess no knowledge that any subcontractor(s) that will
perform work pursuant to this grant contract are in violation of any of the certifications set forth
above.
B. Audit Requirements
1. If the Grantee expends total federal assistance of $750,000 or more per year, the Grantee agrees
to: a) obtain either a single audit or a program -specific audit made for the fiscal year in
accordance with the terms of the Single Audit Act of 1984, as amended (31 U.S. Code Chapter 75)
and 2 CFR 200; and, b) to comply with the Single Audit Act of 1984, as amended (31 U.S. Code
Chapter 75) and 2 CFR 200.
Master Grant Contract # 12-700-00080 Page 4
between the Minnesota Department of Health and City of Richfield Community Health Board 9/2019
Audits shall be made annually unless the grantee is a state or local government that has, by
January 1, 1987, a constitutional or statutory requirement for less frequent audits. For those
governments, the federal cognizant agency shall permit biennial audits, covering both years, if the
government so requests. It shall also honor requests for biennial audits by state or local
governments that have an administrative policy calling for audits less frequent than annual, but
only audits prior to 1987 or administrative policies in place prior to January 1, 1987.
2. The audit shall be made by an independent auditor. An independent auditor is a state or local
government auditor or a public accountant who meets the independence standards specified in
the General Accounting Office's "Standards for Audit of Governmental Organizations, Programs,
Activities, and Functions."
3. The audit report shall state that the audit was performed in accordance with the provisions of 2
CFR 200.
The reporting requirements for audit reports shall be in accordance with the American Institute of
Certified Public Accountants' (AICPA) audit guide, "Audits of State and Local Governmental Units,"
issued in 1986. The Federal Government has approved the use of the audit guide.
In addition to the audit report, the Grantee shall provide comments on the findings and
recommendations in the report, including a plan for corrective action taken or planned and
comments on the status of corrective action taken on prior findings. If corrective action is not
necessary, a statement describing the reason it is not should accompany the audit report.
4. The Grantee agrees that the grantor, the Legislative Auditor, the State Auditor, and any
independent auditor designated by the grantor shall have such access to Grantee's records and
financial statements as may be necessary for the grantor to comply with the Single Audit Act
Amendments of 1984, as amended (31 U.S. Code Chapter 75) and 2 CFR 200.
5. If payments under this grant agreement will be made from federal funds obtained by the State
through the American Recovery and Reinvestment Act of 2009 (Public Law 111-5), the Grantee is
responsible for compliance with all federal requirements imposed on these funds. The Grantee
must identify these funds separately on the schedule of expenditures of federal awards (SEFA),
and must also accept full financial responsibility if it fails to comply with federal requirements.
These requirements include, but are not limited to, Title III, part D, of the Energy Policy and
Conservation Act (42 U.S.C. 6321 etseq. and amendments thereto); U.S. Department of Energy
Financial Assistance Rules (10CFR600); and Title 2 of the Code of Federal Regulations.
6. Grantees of federal financial assistance from subrecipients are also required to comply with the
Single Audit Act Amendments of 1984, as amended (31 U.S. Code Chapter 75) and 2 CFR 200.
7. The Statement of Expenditures form can be used for the schedule of federal assistance.
8. The Grantee agrees to retain documentation to support the schedule of federal assistance for at
least four (4) years.
9. The Grantee agrees to file required audit reports within nine (9) months of the Grantee's fiscal
year end.
2 CFR 200 requires recipients of more than $750,000 in federal funds to submit one copy of the audit
report within 30 days after issuance to the central clearinghouse at the following address:
Bureau of the Census
Data Preparation Division
1201 East 10th Street
Jeffersonville, Indiana 47132
Attn: Single Audit Clearinghouse
Master Grant Contract # 12-700-00080 Page 5
between the Minnesota Department of Health and City of Richfield Community Health Board 9/2019
C. Drug Free Workplace
GRANTEE agrees to comply with the Drug -Free Workplace Act of 1988, as implemented at 34 CFR Part
85, Subpart F.
D. Lobes g
GRANTEE agrees to comply with the provisions of United States Code, Title 31, Section 1352. GRANTEE
must not use any federal funds to pay any person for influencing or attempting to influence an officer
or employee of a federal agency, a member of Congress, an officer or employee of Congress, or any
employee of a member of Congress in connection with the awarding of any federal contract, the
making of any federal grant, the making of any federal loan, the entering into of any cooperative
agreement, or the extension, continuation, renewal, amendment, or modification of any federal
contract, grant, loan or cooperative agreement.
E. Equal_E_mployment Opport_u_nity
GRANTEE agrees to comply with the Executive Order 11246 "Equal Employment Opportunity" as
amended by Executive Order 11375 and supplemented by regulations at 41 CFR Part 60.
F. Cost Principles
GRANTEE agrees to comply with the provisions of OMB Circular A-21, A-87 or A-122 regarding cost
principles for administration of this grant award.
G. Rights to Inventions — Experimental, Developmental or Research Work
GRANTEE agrees to comply with 37 CFR, Part 401, "Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements" and any implementing regulations issued by the awarding agency.
H. Clean Air Act
GRANTEE agrees to comply with all applicable standards, orders or regulations issued pursuant to the
Clean Air Act as amended (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as
amended (33 U.S.C. 1251 et seq.). Violations shall be reported to the Federal awarding agency and the
Regional Office of the Environmental Protection Agency (EPA).
I. No Smo€cin
With respect to facilities over which GRANTEE has control, GRANTEE shall comply with the Minnesota
Clean Indoor Air Act.
J. No Conflict of Interest
GRANTEE hereby assures that no interest exists, directly or indirectly, which could conflict in any
manner or degree with GRANTEE'S performance of services required to be performed under this
master grant contract or individual project grant agreements.
16. AUTHORIZED REPRESENTATIVES.
16.1 MDH'SAuthorized Representative. MDH'S Authorized Representative for purposes of administering
this master grant contract is DeeAnn Finley, Planning Director State, Community Health Division, PO Box
64975, St. Paul, MN 55164, 651-201-4551, deeann.finley@state.mn.us or their successor.
16.2 GRANTEE'S Authorized Representative. GRANTEE'S Authorized Representative is Jennifer Anderson,
CHS Administrator, 6700 Portland Avenue So., Richfield, MN 55423, 612-861-9881,
jenniferanderson@richfieldmn.gov, or their successor. GRANTEE'S Authorized Representative has full
authority to represent GRANTEE in fulfillment of the terms, conditions, and requirements of this master
grant contract. If GRANTEE selects a new Authorized Representative, GRANTEE must immediately notify
the MDH.
Master Grant Contract # 12-700-00080 Page 6
between the Minnesota Department of Health and City of Richfield Community Health Board 9/2019
IN WITNESS WHEREOF, the parties have caused this master grant contract to be duly executed intending to be
bound thereby.
APPROVED:
1. GRANTEE:
GRANTEE certifies that the appropriate person(s)
have executed this master grant contract on behalf
of the GRANTEE as required by applicable articles,
by-laws, resolutions, or ordinances.
By (authorized signature)
Title:
Date:
By (authorized signature)
Title:
Date:
2. STATE AGENCY:
Master grant contract approval as required by
Minnesota Statutes §§16A.15 and 16C.05.
By (authorized signature)
Title:
Date:
Master Grant Contract # 12-700-00080 Page 7
between the Minnesota Department of Health and City of Richfield Community Health Board 9/2019
AGENDA SECTION: CONSENT CALENDAR
AGENDA ITEM # 7. B.
STAFF REPORT NO. 117
CITY COUNCIL MEETING
10/8/2019
REPORT PREPARED BY: Chris Link, Operations Superintendent
DEPARTMENT DIRECTOR REVIEW: Kristin Asher, Public Works Director/City Engineer
9/30/2019
OTHER DEPARTMENT REVIEW: N/A
CITYMANAGER REVIEW: Katie Rodriguez, City Manager
10/1/2019
ITEM FOR COUNCIL CONSIDERATION:
Consider approval to purchase two (2) MT Trackless Tractors, with v-plow and snow blower
attachments, from MacQueen Equipment Inc., in the amount of $290,077.
EXECUTIVE SUMMARY:
The Public Works Department currently uses three MT Trackless tractors for snow removal from sidewalks,
cycle tracks, park paths, trails, ice rinks and other areas as needed.
The tractors to be replaced were purchased in 2002 and 2004 and have been used well beyond their 10-year
service life expectancy. These machines have experienced major breakdowns during the last few snow
seasons and it is no longer cost effective to make major repairs to this equipment and the attachments.
RECOMMENDED ACTION:
By Motion: Approve the the purchase of two (2) MT Trackless Tractors, with v-plow and snow blower
attachments, from MacQueen Equipment Inc., in the amount of $290,077.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
Operations Superintendent Chris Link presented the updated snow removal and ice control policy at the
September 25, 2018 City Council work session. The policy was formally adopted by City Council at the
October 25, 2018 regular City Council Meeting. At these meetings, the following was discussed:
• Location of sidewalks/trails/cycle tracks;
• Increasing amount of sidewalks/trails/cycle tracks with the City's new streetscape designs;
• Large bus ridership among Richfield residents;
• Difficulty of sidewalk plowing with current streetscape design;
• The need for current equipment to be replaced to continue to provide the expected level of
service;
• The City's desire to prioritize sidewalk and cycle track clearing at the same level as residential
streets and the need for quality equipment to do so.
B. POLICIES (resolutions, ordinances, regulations, statutes, etcy
• The City of Richfield participates in the Minnesota State Cooperative Purchasing Program.
• MacQueen Equipment Inc. is included in the Minnesota State Cooperative Purchasing Program.
• The snow removal and ice control policy requires that sidewalks and cycle tracks are generally
given the same priority -level attention as residential steets.
C. CRITICALTIMING ISSUES:
Approval of the purchase will ensure that the equipment is built and delivered early in the year in which it
was budgeted (2020).
D. FINANCIAL IMPACT:
The Council -approved 2020 proposed budget contains $260,000 for the purchase of this equipment. The
2020 revised budget will be adjusted to reflect the actual purchase amount of $290,077 during next
year's budget process. Central Garage (61000) 2020 capital expenditures will be slightly impacted by
this change but are anticipated to balance out when taking into account the other equipment purchases
in 2020.
E. LEGAL CONSIDERATION:
According to Minnesota Statutes, when the purchase of materials, merchandise, equipment, or
construction exceeds $175,000, authority to purchase shall be submitted to the City Council for
consideration.
ALTERNATIVE RECOMMENDATION(S)-
• None
PRINCIPAL PARTIES EXPECTED AT MEETING:
None
/_1aLTy:1k'�I_=►III
Description Type
❑ MT Trackless Picture Backup Material
❑ MT Trackless Quote Exhibit
❑ Snow and Ice Policy Exhibit
NoMACQUEEN
EQUIPMENT
Ship To: SAME AS BELOW
Invoice To: CITY OF RICHFIELD
6700 PORTLAND AVE. S.
RICHFIELD MN 55423
1125 7th Street E
St Paul, MN 55106
651-645-5726 • 800-832-6417
Fax:651-645-6668
Branch
01 - MACQUEEN EQUIP
Date
Time
Page
08/05/2019
9*16:05
(0)
1
Account No
Phone No
Est No 01
RICHF001
6128619700
IQ01413
Ship Via
Purchase Order
P.O.
Tax ID No
Salesperson
KEVIN FISCHER
128
EQUIPMENT ESTIMATE - NOT AN INVOICE
Description ** Q U O T E ** EXPIRY DATE: 09/04/2019 Amount
New TRACKLESS MT7 ASSUMED MN STATE CONTRACT(2020 PRICING) 148038.50
INCLUDES ALL STD EQUIPMENT:
J.D. 4045T TIER 4 DIESEL ENGINE 74 H.P.
31 X 10.00 X 16.5 - 8 PLY LUG/OR 16" RADIAL TIRES
CAB ROPS J1040-C SAE CERTIFED
CLIMATE CONTROLLED CAB
1 YEAR COMPLETE WARRANTY
1.0 2020 MT7 TRACKLESS BASE $127523
2.4 LOCKING DIFFERENTIALS (FRONT AXLE) STD
2.5 20 GPM HYD. PUMP & 14 GPM GEAR PUMP STD
2.7 CLIMATE CONTROLLED A/C & HEAT W/ PRESSURIZED
CAB W/8 AMBER STROBE LIGHTS STD
2.9 INTERMITTENT FRONT WIPER STD
2.10 REAR WIPER & WASHER STD
2.14 REVERSING ENGINE FAN STD
2.16 F-N-R ON JOYSTICK STD
3.8 SIDEWALK V PLOW $4565
4.2 51" RIBBON SNOW BLOWER W/CHUTE PTO DRIVEN $15846
19.0 DELIVERY 19 MI. @ $5.50 PER MI. $104.50
wy
TOTAL $148038.50
OTHER OPTIONS:
2.28 DUAL LOADER LUG TIRES & RIMS FOR BOOM FLAIL $4998
12.1 TRACKLESS BOOM FLAIL (REQUIRES 2.28) $30575
4.16 SNO-QUIP 51" RIBBON SNOW BLOWER PTO DRIVEN $25300
Trade Ins
Serial #: 2070
MT5
NEW TRACKLESS MT7 (SAME AS ABOVE UNIT) 148038.50
Quality Environmental Solutions and Supp1w
ort
MACQUEEN EQUIPMENT
www.macqueeneq.com GROUP'
NoMACQUEEN
EQUIPMENT
Ship To: SAME AS BELOW
Invoice To: CITY OF RICHFIELD
6700 PORTLAND AVE. S.
RICHFIELD MN 55423
Description
Serial #: 2364
MT5
Authorization:
1125 7th Street E
St Paul, MN 55106
651-645-5726 • 800-832-6417
Fax:651-645-6668
Branch
01 - MACQUEEN EQUIP
Date
Time
Page
08/05/2019
9:16:05
(0)
2
Account No
Phone No
Est No 01
RICHF001
6128619700
Q01413
Ship Via
Purchase
Order
P.O.
Tax ID No
Salesperson
KEVIN FISCHER
128
EQUIPMENT ESTIMATE - NOT AN INVOICE
** Q U O T E **
Trade Ins
Quality Environmental Solutions and Support
www. macqueeneq.com
EXPIRY DATE: 09/04/2019
Trade In Total:
Subtotal:
Quote Total:
MACQUEEN EQUIPMENT
GROUP"
Amount
6000.00-
290077.00
290077.00
PUBLIC WORKS DEPARTMENT
CITY OF RICHFIELD
DATE: 10/23/2018
SUBJECT: Snow Removal and Ice Control Policy
Purpose
The purpose of this Snow Removal and Ice Control Policy ("Policy") is to define and
outline snow removal and ice control objectives and procedures as established by the
City of Richfield ("City") and the Public Works Department ("Department").
Infrnrhir_finn
The City assumes basic responsibility for snow removal on City streets, City
sidewalks/trails/cycle tracks, and City -owned public parking lots. The City assumes
basic responsibility for ice control and mitigation on City streets and City -owned public
parking lots, but does not salt or sand City sidewalks/trails/cycle tracks. Reasonable
snow removal and ice control is necessary for routine travel and emergency services.
The City strives to provide this service in a timely, safe, and cost-effective manner while
keeping in mind safety, budget, personnel, equipment, and environmental concerns.
The City will primarily use its own personnel and equipment to provide this service, but
may also use private contractors when necessary.
The Policy supersedes written or unwritten policies of the City and Department
regarding snow removal and ice control. This Policy does not relieve the operators of
private vehicles, pedestrians, property owners, residents, and all others that may be
using public streets, sidewalks, and trails or that may otherwise be affected by snow/ice
removal operations, of their responsibility to act in a reasonable, prudent, and cautious
manner given the prevailing weather and street conditions.
Policy
The Operations Superintendent, under the direction of the Public Works Director, will
make decisions as to time, method, and materials used on snow removal and ice
control operations. The Operations Superintendent is responsible for coordinating
equipment and personnel, and assigning work based on the need for snow removal and
ice control within the City. The Operations Superintendent maintains the authority to
delegate any of the responsibilities laid out in this policy to appropriate Department staff.
The Department will only conduct snow and ice control operations when weather
conditions do not endanger the safety of employees or equipment and operations are
effective. Factors that may delay snow and ice control operations include:
• Severe cold
• Significant winds
• Limited visibility
• Rapid accumulation of snow and/or ice
• Traffic conditions (e.g., rush hour)
Snow and Ice Policy
Richfield Public Works
October 23, 2018
The Department continuously monitors forecasts and weather conditions to aid in
mobilization decisions. The Department will use multiple sources for storm warning
preparedness, including, but not limited to the following:
• National Weather Service (www.weather.gov)
• Hennepin County Emergency Management
• Local News Weather Reports
• Various weather -related web sites
Planning and Scheduling
Snow removal and ice control operations may occur during assigned work shifts or, in
some situations, on a call back of workers. When conditions allow, work schedules will
be arranged to keep overtime at a minimum, with overtime scheduling being approved
by the Operations Superintendent. The Operations Superintendent will notify the Public
Works Director of any unusual amount of overtime to be performed and the reasons for
the overtime.
The Operations Superintendent retains the authority to alter assignments based on
weather conditions, equipment and personnel availability, and other conditions related
to snow removal and ice control.
Mobilization
Mobilization of employees is the responsibility of the Operations Superintendent. The
Operations Superintendent will determine the dispatching of equipment for City streets,
City sidewalks/trails, and City -owned public parking lots.
The Operations Superintendent will keep the Public Works Director informed of the
start, progress, and completion of full-scale snow removal and ice control operations.
Initiating Operations
The start of snow removal and ice control operations depends upon current and
anticipated conditions. The Operations Superintendent will decide when to initiate snow
removal and ice control operations. Snow removal and ice control operations may be
initiated any time they are deemed to be beneficial to the City. Some criteria for the
decision are:
Snow accumulation of two (2) or more inches
• Drifting of snow that causes travel problems
• Icy conditions which seriously impact travel
• Timing of snowfall in relation to heavy use of streets (e.g., rush hour)
• Forecasted and anticipated changes in weather conditions
Snow Route Assignment and Planning
Each year, the Department prepares a map of the street system, sidewalk/trail system,
and public properties serviced by the City. These maps identify route areas that identify
personnel, equipment, and, if necessary, the private contractors used to provide the
2
Snow and Ice Policy
Richfield Public Works
October 23, 2018
services. Annually, the Department revises route areas to correspond with budget,
equipment, personnel, and other resources available to the City.
The Department identifies priority routes and hazards within each route area. These
route areas are generally assigned to individuals and are used for planning and
executing routine snow removal and ice control operations.
Street Snow Removal Routes
The Department has classified City streets based on the street function, traffic volume,
and importance to the welfare of the community. The priority of snow removal routes are
as follows:
1. Minor arterial roads: high -volume routes that connect the urban service area to
cities inside and outside of the region
2. Collector streets: streets providing access between neighborhoods, minor
business concentrations, and schools
3. Low -volume local streets
4. City parking lots, alleys, sidewalks, and trails
Emergency services officers may contact the Department to dispatch workers and
equipment to provide services for emergency vehicles (i.e. police, fire, ambulance,
equipment needed for electrical outages, gas leaks, etc.) responding to emergencies
within the City. The Department will dispatch necessary workers and equipment as soon
as possible.
Sidewalk/Trail/Cycle Tracks Snow Removal Routes
Priorities for snow removal on sidewalks are set to accommodate the needs of the mass
transit public. Priority for plowing is as follows:
1. HUB area
2. Arterial roads
3. Collector streets
4. Residential neighborhoods
In the event of a major snow event (six (6) inches or more) one side of each arterial
street will be plowed, until all arterial roads are cleared. Typically, two machines will be
available for snow removal from sidewalks.
Cycle tracks will be cleared of snow at the discretion of the Operations Superintendent
Sidewalk/Trail/Cycle Tracks Ice Policy
In effort to best utilize the City's finite resources and prioritize snow and ice removal in
high -impact areas as outlined throughout this Policy, the Department will not apply salt,
sand, or other de-icing chemicals to sidewalks/trails/cycle tracks. Due to the ever -
changing nature of the Minnesota climate, the physical and financial cost of keeping all
sidewalks/trails/cycle tracks free of ice at all times would substantially outweigh the
benefit to the community. In addition, salt, sand, and other de-icing agents have
adverse effects on the local environment. Application of these substances is imprecise
and may result in negative effects to adjacent green space and/or infiltration into ground
water. Residents and business owners are encouraged to make sure sidewalks
adjacent to their properties are ice free or otherwise safe for passage.
3
Snow and Ice Policy
Richfield Public Works
October 23, 2018
Transit Accommodations
In addition to plowing sidewalks in the most heavily used areas first, the Department
employs a Sentencing to Service crew four days per week, whose primary task in the
winter months is to clear bus stops of snow and ice for mass transit users. The
Sentencing to Service crew works a defined schedule so it can take up to three days
before some transit stops are cleared, depending on the timing of snowfall in relation to
the schedule.
Equipment Inspection
The Department mechanics conduct a thorough inspection of all snow and ice related
vehicles and equipment prior to the start of the snow season. In addition, all trucks are
annually certified through the Minnesota State Patrol Mandatory Inspection Program.
The Department also conducts daily inspections of snow and ice related vehicles and
equipment during the snow season. Operators of the vehicles and equipment record
their daily inspections and the status of the vehicle.
Equipment Calibration
The Department calibrates all salting vehicles prior to the start of the snow season to
ensure efficient and effective application. Calibration will also occur if there is a major
hydraulic repair or service needed on the vehicle.
Other Responsible Entities
Other governmental entities maintain certain streets within the City, which includes
snow and ice removal. The Minnesota Department of Transportation (MnDOT) and the
Hennepin County Highway Department maintain separate maintenance policies for
streets they maintain within the City. From time to time, entities may contract with each
other to perform snow removal services. The ultimate responsibility for snow removal
services rests with the controlling entity.
Hennepin County maintains streets on Penn Ave, Nicollet Ave, and Portland Ave
from Trunk Highway 62 to Interstate 494 in Richfield, as well as the entirety of 66th
Street in Richfield and into Edina.
MnDOT is responsible for all freeway on/off ramps on Trunk Highways 62 and 77 and
Interstates 35W and 494 in Richfield.
Responsibility varies between Richfield, Hennepin County, and Bloomington for
sidewalks along interstate/trunk highway overpasses and underpasses.
The table below summarizes the entity responsible for clearing sidewalks.
Sidewalks on overpasses
Entity
494/Penn
Hennepin County
494/Portland
Hennepin County
494/Nicollet
Hennepin County
62/Penn
Hennepin Count
19
Snow and Ice Policy
Richfield Public Works
October 23, 2018
62/Portland
Hennepin County
77/66 th Street
Hennepin County
494/Lyndale
Bloomington
494/12 1h Ave
Bloomington
76 th Street/35W
Richfield
Sidewalks on underpasses
Entity
62/Lyndale
Richfield
62/Nicollet
Richfield
66 th Street/35W
Richfield
Private Contractors Providing Snow Removal Services
Richfield City Code, Subsection 930.17, limits the operation of vehicles for snow
plowing on private property in residential districts and within fifty (50) feet of such
districts to the period between 6:OOAM and 10:OOPM any day of the week.
Post -Snowfall Events
Operators conduct follow-up plowing as needed. Generally, further clearing takes place
where cars were parked, at intersections, etc. Additional salting of intersections may
occur at this time as well.
Snow and Ice Control Materials
The City does not have a "bare pavement" policy. The Department will wait for snowfall
to cease or accumulate sufficiently before initiating snow removal. General snow pack
will remain on City streets and sidewalks in many cases.
The Department will use snow and ice control materials when there are hazardous ice
or slippery conditions on streets. The Department may use other minerals, chemicals,
and mixtures to assist in ice control provided they have an equivalent or lesser effect on
the environment than salting and are economically feasible. The Department is
concerned with the effect of chemicals on the environment; therefore, it will limit its use
of such chemicals.
The Department initiates salting operations to melt ice on City streets. The Department
will apply snow and ice control materials at times and rates that maximize effectiveness
and generally limit application to:
• Intersections
• Hazardous areas
• Isolated, slippery areas
The Department may order use of additional salt if pavement, air temperatures, or
precipitation type warrant. The Department has adopted salt application best practices
as stated in the Minnesota Snow and Ice Control Handbook.
The City does not employ salt or other ice control measures on sidewalks/trails/cycle
tracks in the City.
461
Snow and Ice Policy
Richfield Public Works
October 23, 2018
Refreeze Conditions
It is not possible or practical for snow and ice to be completely removed from all
sidewalks or prevent melting snow or ice from refreezing on sidewalks. Users of
sidewalk and trail facilities are expected at all times to be mindful of current conditions
and avoid hazards to remain safe.
Material Handling and Storage
Salt stockpiles are stored off -site at a nearby Minnesota Department of Transportation
(MnDOT) facility with the exception of approximately 300 tons being stored in an
enclosed structure at the Public Works maintenance facility. During the off-season, salt
at the Public Works maintenance facility is tarped and stored inside a covered structure.
No other materials or supplies are stored in the structure containing the salt.
Spreading and Plowing Procedures
The Department will plow snow in a manner that minimizes traffic obstructions. The
center of the roadway will be plowed first, and then the snow will be plowed from left to
right so the snow discharges onto the boulevard. When plowing on bridges, operators
will adjust their speed to reduce or eliminate a snow wake from going over the side of
the bridge. Snow on dead-end streets will generally be plowed to the end of the
roadway and snow on cul-de-sacs will be plowed to the middle of the cul-de-sac.
As necessitated by available resources, snow is plowed to the edge of the street without
regard for sidewalks, driveways, and other structures located in the right-of-way.
Sidewalks will be cleared after roadways are cleared. The City recognizes the
inconvenience that comes from snow piling up on driveways due to plowing activities,
but the City is not responsible for removing this accumulated snow.
Snowplow operators are exempt from traffic regulations set forth in Minnesota Statutes,
Chapter 169 while actually engaged in work on streets, except for regulations related to
driving while impaired and the safety of school children. Pursuant to this authority,
snowplow operators have discretion to disregard standard traffic laws, when, in their
judgement, it is safe to disregard such laws.
Hauling of Snow and Snow Storage
From time to time, the Department will remove snow where space does not allow for
snow to be pushed or piled outside the driving lanes by hauling to another location. The
Operations Superintendent will determine when snow will be removed by truck from the
boulevard area. Snow hauling operations will not commence until other snow/ice
removal operations have been completed. Snow hauling operations may also be
delayed depending on weather conditions, personnel, and budget availability. The snow
will be removed and hauled to a snow storage area. The snow storage zone will be
located in an area that minimizes environmental impact.
Snow Emergencies
Snow Emergency Procedures
Concurrent with the above policy, the following are additional City practices employed
during a declared snow emergency (see City Code, Subsection 1305.13).
Snow Emergency Notifications
Snow and Ice Policy
Richfield Public Works
October 23, 2018
A snow emergency is declared by the Operations Superintendent, or designee.
Declaration of a snow emergency can be found at the following:
a. Contact the Snow Emergency Line at 612-861-9178
b. Visit the City Website at www.richfieldmn.gov
c. Sign up for e-update on the City website at
www.richfieldmn.gov/residents/e-notification
d. Local news channels
i. WCCO
ii. KMSP
iii. KSTP
iv. KARE 11
e. Social Media (Facebook, Twitter)
Parking Limitations
Vehicles parked on the roadway during a snow or ice event may impair the
effectiveness of snow and ice control and removal. Richfield City Code, Subsection
1305.13, prohibits on -street parking during a snow emergency. A snow emergency is in
effect after a snowfall of two (2) or more inches and/or upon the declaration of a snow
emergency by the City Manager, or designee, and continues until the street has been
plowed curb -to -curb.
Richfield City Code, Section 1315, permits certain vehicles to park in the front yard
areas of residential districts of the City during a snow emergency, subject to the
following conditions:
a. The vehicle must be parked as close as possible to the established driveway
area serving the property on which, or in front of which, it is parked;
b. Permission of the property owner must be obtained;
c. The vehicle must be parked at least eight (8) feet back from the curbline, and five
(5) feet back from any public sidewalk;
d. The vehicle may not be parked off of an established driveway within the area
bounded by the street curblines abutting said corner lot and a line connecting
points on the abutting curblines of fifty (50) feet from the point of intersection of
the extensions of the curblines; and
e. Movement to and from the parking area must be over the established driveway
rather than over the curb.
The owner of the property shall repair any damage to the adjacent boulevard area
caused by parking in the front yard areas of residential districts.
Private Property
Snow Removal on Private Properties
It is a public nuisance and violation of City Code, Subsection 830.41, to shovel, plow, or
cast snow or ice from private property onto a public street, alley, sidewalk, boulevard, or
public parking lot. It is allowable to remove snow or ice from a private driveway or
walkway and deposit the snow or ice on the portion of the boulevard immediately
adjacent to the private property. Pushing, piling, or storing snow in or across the street
is prohibited.
Service to Private Property
7
Snow and Ice Policy
Richfield Public Works
October 23, 2018
City personnel and any personnel contracted by the City do not provide snow removal
and ice control services to private properties. Services may, however, be provided with
the permission of the property owners in situations where City operations directly benefit
from operations on private property. Snow removal operations may be conducted on
any private property when emergency vehicles responding to a call for service require
access to private property. Any operations on or services provided to private property
are authorized by the Department, or are provided at the request of any emergency
services officer responding to a call.
Snow Operation Damages
Snow removal and ice control operations can cause damage to property, even under
the best circumstances and care by vehicle and equipment operators. Most often,
damage occurs to property improvements in the City right-of-way, which generally
extends eight (8) to twelve (12) feet beyond the edge of street pavement.
The City is not responsible for damage to vegetation caused by plowing or the
application of sand and salt mixtures. However, the City will make its best effort to repair
damaged grass along curb lines and sidewalk edges using black dirt and seeding.
Personal property in the City's right-of-way damaged by snow being deposited from an
accumulation on the blade of a snowplow will not be considered for compensation. Any
property damage claims allegedly resulting from City snow plowing activities must be
filed with the City's insurance through the Human Resources Department
When disagreement about the responsibility for the damage occurs, the Department will
investigate and decide responsibility.
Equipment operators and contractors are directed to immediately contact their
supervisor and the supervisor will contact the Department and Police Department
whenever an incident involves damage to vehicles, significant structures, or involves
any injury to a person.
Equipment operators and contractors also report existing damage they observe to avoid
any potential future claim the damage was caused by snow removal or ice control
operations.
Service Requests and Complaints
The Department will take service requests and complaints regarding snow removal and
ice control operations during normal working hours. The Department will prioritize
service requests and provide resolution at their discretion, in keeping with available
personnel, equipment, and materials. The Operations Superintendent will receive and
respond to service requests or complaints that the administrative staff is unable to
answer.
Policy Review
The Department will review this policy annually. The Department will keep on file written
comments and complaints received regarding this policy. Any review will consider
comments or complaints received since the last review. The review will also consider
Snow and Ice Policy
Richfield Public Works
October 23, 2018
input from City employees and contractors, members of the public, and other affected
parties.
AGENDA SECTION: PUBLIC HEARINGS
AGENDA ITEM # 9.
STAFF REPORT NO. 118
CITY COUNCIL MEETING
10/8/2019
REPORT PREPARED BY: Chris Regis, Finance Director
DEPARTMENT DIRECTOR REVIEW: Chris Regis, Finance Director
10/1/2019
OTHER DEPARTMENT REVIEW: N/A
CITYMANAGER REVIEW: Katie Rodriguez, City Manager
10/1/2019
ITEM FOR COUNCIL CONSIDERATION:
Public hearing and consideration of a resolution adopting the assessment for weed elimination from
private property and removal or elimination of public health or safety hazards from private property.
EXECUTIVE SUMMARY:
Minnesota State Statutes provide that the City may levy a special one year assessment for the elimination of
public health or safety hazards or the elimination of weeds from private properties.
The special assessments are based on costs incurred by the City in connection with the abatement of weeds
or public health or safety hazards on certain properties in the City which are not properly maintained.
The owners of the subject properties are notified by the City to take corrective action with regard to the issue
with the property. If the specific property issues were not abated within the proper time limit the City would
take the corrective action necessary and bill the property owner.
In all cases, property owners have been notified that any unpaid charges or fees may be assessed against
the property.
RECOMMENDED ACTION:
Conduct and close the public hearing and by motion: Approve the attached resolution adopting the
assessment for weed elimination from private property and removal or elimination of public health or
safety hazards from private property.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
N/A.
B. POLICIES (resolutions, ordinances, regulations, statutes, etcy
• The nuisance properties were not maintained by the owners and the City incurred costs to abate
the nuisance.
• Minnesota State Statutes provide that the City may levy a special one-year assessment for these
costs.
• Notice of the certification was published in the Sun Current on September 19, 2019.
C. CRITICALTIMING ISSUES:
None.
D. FINANCIAL IMPACT:
• The proposed special assessment for the elimination of public health or safety hazards from
private property is $2,530.00 with an additional 5% interest penalty.
• The proposed special assessment for weed elimination from private property is $875.00 with an
additional 5% interest penalty.
• Costs incurred for city staff time in the cleanup of the properties or to remove the weeds are
included in the special assessment amount.
• A $25.00 administrative fee is charged to all properties.
• The affected property owner may prepay the original principal amount without interest within 30
days from the date the Council adopts the assessment. If the original principal amount is not paid,
the assessment will be charged 5% interest.
E. LEGAL CONSIDERATION:
No legal issues are apparent at this time. The City Attorney will be in attendance at the Council meeting
should a legal question arise.
ALTERNATIVE RECOMMENDATION .
Do not approve the attached resolution and have the costs absorbed by the City.
PRINCIPAL PARTIES EXPECTED AT MEETING:
None.
ATTACHMENTS:
Description Type
❑ 2019 Nuisance Assessment Resolution Resolution Letter
RESOLUTION NO.
RESOLUTION ADOPTING ASSESSMENT FOR
WEED ELIMINATION FROM PRIVATE PROPERTY AND REMOVAL OR
ELIMINATION OF PUBLIC HEALTH OR SAFETY HAZARDS FROM PRIVATE
PROPERTY.
WHEREAS, pursuant to proper notice duly given as required by law, the City
Council has met and passed upon all objections to the proposed assessment for current
services related to weed elimination from private property and removal or elimination of
public health or safety hazards from private property in the City of Richfield:
Prop
1001 W 76TH Street
2401 65th Str W
2915 71 st Str W
6305 Dupont Ave S
6414 11 th Ave S
6600 4th Ave S
6700 Clinton Ave S
6733 10th Ave S
6932 18th Ave S
7228 Pleasant Ave S
7320 4th Ave S
7544 11 th Ave S
7600 4th Ave S,
800 73rd Street W
Address Property ID Number
33-028-24-44-0009
29-028-24-14-0044
32-028-24-12-0054
28-028-24-11-0086
26-028-24-24-0005
27-028-24-41-0044
27-028-24-41-0114
26-028-24-31-0100
26-028-24-44-0086
34-028-24-23-0026
34-028-24-14-0065
35-028-24-31-0040
34-028-24-44-0021
33-028-24-14-0098
Total
Weed
Elimination
125.00
125.00
125.00
125.00
250.00
125.00
$875.00
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, Minnesota:
Public
Health or
Safety
Hazards
250.00
250.00
110.00
500.00
255.00
115.00
275.00
445.00
110.00
220.00
$2,530.00
1. Such proposed assessment roll, in the amount of $3,405.00, is hereby accepted and
shall constitute the special assessment against the lands named herein, and each
tract of land therein included is hereby found to be benefited by the proposed current
services in the amount of the assessment levied against it.
2. Such assessment shall be payable in no more than one annual installment and shall
bear interest at the rate of five (5%) percent from the date of adoption of this
assessment resolution.
3. The owner of any property so assessed may at any time prior to certification of the
assessment to the County Auditor and within 30 days of the date the City Council
adopts the assessment, pay the whole assessment on such property to the City's
Assessing Division without interest. Payments received after the expiration of the 30
day prepayment period, but received prior to November 15, 2019 will be charged
interest through the date of payment. Payments will not be accepted between
November 15, 2019 and January 1, 2020.
4. The City Clerk shall forthwith transmit a certified duplicate of this assessment roll to
the County Auditor to be extended on the property tax lists of the County and such
assessments shall be collected and paid over in the same manner as other
municipal taxes.
Adopted by the City Council of the City of Richfield this 8th day of October, 2019.
Maria Regan Gonzalez, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
AGENDA SEC-TION: PUBLIC HEARINGS
AGENDA ITEM # 10.
STAFF REPORT NO. 119
CITY COUNCIL MEETING
10/8/2019
REPORT PREPARED BY: Chris Regis, Finance Director
DEPARTMENT DIRECTOR REVIEW: Chris Regis, Finance Director
10/1 /2019
OTHER DEPARTMENT REVIEW: N/A.
CITYMANAGER REVIEW: Katie Rodriguez, City Manager
10/2/2019
ITEM FOR COUNCIL CONSIDERATION:
Public Hearing and consideration of a resolution to adopt the special assessment for unpaid false
alarm user fees against private property.
EXECUTIVE SUMMARY:
Richfield City Code and City Charter allow the City to specially assess delinquent false alarm user fees
against the respective properties. State Statutes provide that the City may levy a special one year
assessment for these costs.
Unpaid alarm user fees must be paid to the City within 30 days from the date of written notice by the City to
the alarm user. Fees not paid within the time specified will be subject to a 10% penalty charge.
The special assessment for unpaid false alarm user fees assessed to private properties provides a means for
the City to recover costs incurred with the response by public safety to an alarm call on certain properties in
the City that turns out to be false.
In all cases, property owners have been notified that any unpaid charges or fees may be assessed against
the property.
RECOMMENDED ACTION:
Conduct and close the public hearing and by motion: Approve the attached resolution adopting the
assessment for unpaid false alarm user fees against private property.
A. HISTORICAL CONTEXT
N/A.
B. POLICIES (resolutions, ordinances, regulations, statutes, etch
• Richfield City Code section 915.07 Subd. 3 and chapter 8.02 of the City Charter allows the City
to specially assess delinquent false alarm user fees against the respective properties.
• An alarm user charged with an alarm user fee may make a written appeal of the false alarm
charge to the Director of public safety within 15 days' notice of the charge.
• Minnesota State Statutes provide that the City may levy a special one-year assessment for these
costs.
• Notice of the certification was published in the Sun Current on September 19, 2019.
C. CRITICALTIMING ISSUES:
N/A.
D. FINANCIAL IMPACT:
A 10% penalty charge is applied to all properties which have not paid within the time specified.
The proposed special assessment for unpaid false alarm user fees from private property is
$2,090.00 with an additional 5% interest charge on the assessment.
The affected property owner may prepay the original principal amount without interest within 30
days from the date the Council adopts the assessment. If the original principal amount is not paid,
the assessment will be charged 5% interest.
E. LEGAL CONSIDERATION:
No legal issues are apparent at this time. The City Attorney will be in attendance at the Council meeting
should a legal question arise.
ALTERNATIVE RECOMMENDATION a
Do not approve the attached resolutions and have the costs absorbed by the City.
PRINCIPAL PARTIES EXPECTED AT MEETING:
None.
ATTACHMENTS:
Description Type
❑ 2019 False Alarm Special Assessment Resolution Resolution Letter
RESOLUTION NO.
RESOLUTION ADOPTING ASSESSMENT FOR
UNPAID FALSE ALARM FEES FROM PRIVATE PROPERTY.
WHEREAS, pursuant to proper notice duly given as required by law, the City
Council has met and passed upon all objections to the proposed assessment for unpaid
false alarm fees from private property in the City of Richfield:
Property Address
1844 66th Street E
6529 Lyndale Ave S
6553 Lyndale Ave s
6625 Lyndale Ave S
6800 Penn Ave S
6944 Nicollet Ave s
740 78th Str W
7744 5th Ave S
980 78th Street W
Unpaid
False
Property ID Number
Alarm Fee
26-028-24-14-0131
110.00
27-028-24-23-0112
550.00
27-028-24-23-0113
110.00
27-028-24-32-0137
550.00
29-028-24-44-0009
110.00
27-028-24-34-0002
220.00
33-028-24-44-0232
220.00
34-028-24-00-0031
110.00
33-028-24-44-0235
110.00
Total
_
$2,090.00
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield,
Minnesota:
1. Such proposed assessment roll, in the amount of $2,090.00, is hereby accepted and
shall constitute the special assessment against the lands named herein, and each tract
of land therein included is hereby found to be benefited by the proposed current
services in the amount of the assessment levied against it.
2. Such assessment shall be payable in no more than one annual installment and shall
bear interest at the rate of five (5%) percent from the date of adoption of this
assessment resolution.
3. The owner of any property so assessed may at any time prior to certification of the
assessment to the County Auditor and within 30 days of the date the City Council
adopts the assessment, pay the whole assessment on such property to the City's
Assessing Division without interest. Payments received after the expiration of the 30
day prepayment period, but received prior to November 15, 2019 will be charged
interest through the date of payment. Payments will not be accepted between
November 15, 2019 and January 1, 2020.
4. The City Clerk shall forthwith transmit a certified duplicate of this assessment roll to the
County Auditor to be extended on the property tax lists of the County and such
assessments shall be collected and paid over in the same manner as other municipal
taxes.
Adopted by the City Council of the City of Richfield this 8th day of October, 2019.
Maria Regan Gonzalez, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
AGENDA SECTION: PUBLIC HEARINGS
AGENDA ITEM # 11.
STAFF REPORT NO. 120
CITY COUNCIL MEETING
10/8/2019
REPORT PREPARED BY: Chris Regis, Finance Director
DEPARTMENT DIRECTOR REVIEW: Chris Regis, Finance Director
10/1/2019
OTHER DEPARTMENT REVIEW: N/A.
CITYMANAGER REVIEW: Katie Rodriguez, City Manager
10/1/2019
ITEM FOR COUNCIL CONSIDERATION:
Public hearing and consideration of a resolution adopting special assessments for unpaid vacant
property registration fees against private property.
EXECUTIVE SUMMARY:
Minnesota State Statutes and the Richfield City Code provide that the City may levy a special one year
assessment for the unpaid registration of vacant property.
The special assessments are based on the fee required by a property owner to register vacant property.
The owners of the subject properties are notified by the City of the unpaid registration fee. If the fee remains
unpaid the property owners are notified that any unpaid charges or fees may be assessed against the
property.
RECOMMENDED ACTION:
Conduct and close the public hearing and by motion: Approve the attached resolution adopting the
assessment for unpaid vacant property registration fees against private property.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
N/A.
B. POLICIES (resolutions, ordinances, regulations, statutes. etch
• Richfield City Code section 925.02 Subd. 5 allows the City to specially assess delinquent vacant
property registration fees.
• Minnesota State Statutes provide that the City may levy a special one-year assessment for these
costs.
• Notice of the certification was published in the Sun Current on September 19, 2019.
C. CRITICALTIMING ISSUES:
N/A.
D. FINANCIAL IMPACT:
The proposed special assessment for the unpaid vacant property registration fee is $250.00 with
an additional 5% interest penalty.
A $25.00 administrative fee is charged to all properties.
The affected property owner may prepay the original principal amount without interest within 30
days from the date the Council adopts the assessment. If the original principal amount is not paid,
the assessment will be charged 5% interest.
E. LEGAL CONSIDERATION:
No legal issues are apparent at this time. The City Attorney will be in attendance at the Council meeting
should a legal question arise.
ALTERNATIVE RECOMMENDATION (Sl:
Do not approve the attached resolution and have the costs absorbed by the City.
PRINCIPAL PARTIES EXPECTED AT MEETING:
None.
ATTACHMENTS:
Description
Type
2019 Unpaid Vacant Property Fee Assessment Resolution Letter
Resolution
RESOLUTION NO.
RESOLUTION ADOPTING ASSESSMENT FOR
UNPAID VACANT PROPERTY REGISTRATION FEES AGAINST PRIVATE
PROPERTY.
WHEREAS, pursuant to proper notice duly given as required by law, the City
Council has met and passed upon all objections to the proposed assessment for current
services related to weed elimination from private property and removal or elimination of
public health or safety hazards from private property in the City of Richfield:
Unpaid
Vacant
Property
Property Address Property ID Number Registraion
2401 65th Street W 29-028-24-14-0044 125.00
7600 4th Ave S 34-028-24-44-0021 125.00
Total $250.00
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, Minnesota:
Such proposed assessment roll, in the amount of $250.00, is hereby accepted and
shall constitute the special assessment against the lands named herein, and each
tract of land therein included is hereby found to be benefited by the proposed current
services in the amount of the assessment levied against it.
2. Such assessment shall be payable in no more than one annual installment and shall
bear interest at the rate of five (5%) percent from the date of adoption of this
assessment resolution.
3. The owner of any property so assessed may at any time prior to certification of the
assessment to the County Auditor and within 30 days of the date the City Council
adopts the assessment, pay the whole assessment on such property to the City's
Assessing Division without interest. Payments received after the expiration of the 30
day prepayment period, but received prior to November 15, 2019 will be charged
interest through the date of payment. Payments will not be accepted between
November 15, 2019 and January 1, 2020.
4. The City Clerk shall forthwith transmit a certified duplicate of this assessment roll to
the County Auditor to be extended on the property tax lists of the County and such
assessments shall be collected and paid over in the same manner as other
municipal taxes.
Adopted by the City Council of the City of Richfield this 8th day of October, 2019.
Maria Regan Gonzalez, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
AGENDA SECTION: PUBLIC HEARINGS
AGENDA ITEM # 12.
STAFF REPORT NO. 121
CITY COUNCIL MEETING
10/8/2019
REPORT PREPARED BY: Chris Regis, Finance Director
DEPARTMENT DIRECTOR REVIEW: Chris Regis, Finance Director
10/1/2019
OTHER DEPARTMENT REVIEW: N/A.
CITYMANAGER REVIEW: Katie Rodriguez, City Manager
10/1/2019
ITEM FOR COUNCIL CONSIDERATION:
Public hearing and consideration of a resolution authorizing certification of delinquent utility bills to be
collected with property taxes.
EXECUTIVE SUMMARY:
Minnesota State Statutes 444.075 and 429.101 and Chapter VI I of the Richfield Code of Ordinances provide
that unpaid water, sanitary sewer, storm water, and street light charges may be certified to the county auditor
to be included in a property owner's annual property tax bill.
The City Code also authorizes a certification fee to be charged against each delinquent account. By
certifying the delinquent charges to the property taxes, the City is assured of collection of the charges. The
pending delinquent 2019 utility charges total $472,771.98 for 787 accounts. This amount does not include the
$50.00 certification fee that will be added to each account.
RECOMMENDED ACTION:
Conduct and close the public hearing and by motion: Approve the attached resolution authorizing
certification of unpaid water, sanitary sewer, storm water, and street light charges to the county
auditor to be collected with other taxes on said properties.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
• Below is a history of certified amounts since 2015:
2015 — Certification totaled $355,454.74 for 570 properties.
2016 — Certification totaled $282,839.33 for 541 properties.
2017 — Certification totaled $352,654.03 for 565 properties.
2018 — Certification totaled $462,137.82 for 904 properties.
2019 — Certification totaled $472,771.98 for 787 properties.
• Staff expects that, as in years past, many of the now delinquent accounts will be paid
before final certification to the County.
• Throughout the year, the Utilities division bills and collects charges for water, sanitary sewer,
storm water, and street light charges from within the City. Accounts are billed quarterly.
• The delinquent accounts must be certified to the County Auditor in order for the City to collect the
charges through the property tax payment process.
• A $50 certification fee is added to each certified account.
• The certified amount is spread over a period of one year at the rate of 8% per annum.
B. POLICIES (resolutions, ordinances, regulations, statutes, etch
Minnesota State Statutes 444.075 and 429.101 and Chapter VI I of the Richfield Code of
Ordinances provide that unpaid water, sanitary sewer, storm water, street light charges may be
certified to the county auditor to be included in a property owner's annual property tax bill.
A First Notice of Certification to Property Taxes was mailed on August 12, 2019 to Richfield
property owners with delinquent accounts. A final second notice was mailed on September 16,
2019.
• Notice of certification was published in the Sun Current on September 19, 2019.
C. CRITICALTIMING ISSUES:
• To prepay the delinquent amount and avoid certification, the entire past due amount must be paid
by November 7, 2019.
D. FINANCIAL IMPACT:
The pending delinquent 2019 charges are $472,771.98 compared to $462,137.82 at the same
time last year.
The $50.00 certification fee per account would add an additional $39,350.00 to the certified
balance.
In 2018 the City ultimately certified $358,546.77, due to some property owners paying their
delinquent bill prior to the October 31, 2018 deadline.
E. LEGAL CONSIDERATION:
• There are no legal issues apparent at this time. The City Attorney will be available to answer
questions.
ALTERNATIVE RECOMMENDATION (Sl:
N/A.
PRINCIPAL PARTIES EXPECTED AT MEETING:
None.
ATTACHMENTS:
Description Type
❑ 2019 Utility Certification Resolution Resolution Letter
RESOLUTION NO.
RESOLUTION AUTHORIZING CERTIFICATION OF UNPAID WATER, SANITARY
SEWER, STORM WATER, AND STREET LIGHT CHARGES TO THE COUNTY
AUDITOR TO BE COLLECTED WITH OTHER TAXES ON SAID PROPERTIES
WHEREAS, Ordinance Code 705 establishes rules, rates, and charges for
sanitary sewer service in the City of Richfield and provides that all delinquent accounts
for sewer and water services may be certified against the properties served, including
an added certification charge; and
WHEREAS, Ordinance Code 715 establishes rules, rates, and charges for water
service in the City of Richfield and provides that all delinquent accounts for water
services may be certified against the properties served; and
WHEREAS, Ordinance Code 720 establishes rules, rates, and charges for storm
water service in the City of Richfield; and
WHEREAS, Minnesota Statutes section 444.075 provides that unpaid charges
for water, sanitary sewer, and storm water services may be certified to the county
auditor with taxes against the property served for collection as other taxes are collected;
WHEREAS, Minnesota Statutes section 429.101 provides that unpaid charges
for the operation of street lights may be assessed against the property and collected in
the same manner as other taxes; and
WHEREAS, the certification list has been prepared specifying the amount that
shall be certified against each particular property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, Minnesota:
1. The total unpaid amount for water, sanitary sewer, storm water, and street light
charges is $472,771.98.
2. A $50 certification charge shall be levied against each delinquent account, such
charges totaling $39,350.00.
3. The above -described certification list will be spread over a period of one year at
the rate of 8% per annum.
4. The total unpaid amount will be certified to the County Auditor for collection with
other taxes on said properties.
5. A copy of the resolution shall be sent to the Hennepin County Auditor.
Adopted by the City Council of the City of Richfield, Minnesota, this 8th day of
October, 2019.
Maria Regan Gonzalez, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
AGENDA SECTION: PUBLIC HEARINGS
AGENDA ITEM # 13.
STAFF REPORT NO. 122
CITY COUNCIL MEETING
10/8/2019
REPORT PREPARED BY: Chris Link, Operations Superintendent
DEPARTMENT DIRECTOR REVIEW: Kristin Asher, Public Works Director/City Engineer
10/1/2019
OTHER DEPARTMENT REVIEW: N/A
CITYMANAGER REVIEW: Katie Rodriguez, City Manager
10/1/2019
ITEM FOR COUNCIL CONSIDERATION:
Public hearing and consideration of a resolution adopting the assessment for removal of diseased
trees from private property for work ordered from January 1, 2018, through December 31, 2018.
EXECUTIVE SUMMARY:
The health of trees within municipal limits is threatened by shade tree diseases and it is the City's
responsibility to control and prevent the spread of these diseases.
If the City deems it necessary to remove a diseased tree on private property, the property owners have three
options available:
1. Remove the tree themselves;
2. Hire and pay for their own contractor; or
3. Hire their own contractor and request the cost of the tree removal be assessed against their property
tax.
In the period from January 1, 2018, through December 31, 2018, sixteen (16) property owners chose the
third option. The total amount to be assessed is $41,307.72.
RECOMMENDED ACTION:
Conduct and close the public hearing and by motion: Approve a resolution adopting the assessment
for removal of diseased trees from private property for work ordered from January 1, 2018, through
December 31, 2018.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
In the early 1970's, the City of Richfield began a shade tree disease program to assist homeowners in
the removal of diseased trees on private property. The following process is how the City ensures
property owners are aware of their diseased tree(s).
Notification to Property Owners
At time of marking for removal, paperwork is left at the property which includes:
• Removal deadline;
• Reason the tree was marked for removal;
• Assessment information;
• Information regarding private contractors;
• A card postmarked to the City informing the City of owner's removal plans; and
• City staff contacts for more information.
If the tree becomes hazardous or is past the removal deadline the City sends an additional deadline
letter to the property owner. The letter is sent to the last known owner as obtained from Hennepin
County Property Records and verified by our utility billing records.
Occupied Properties
On confirmed occupied properties, property owners with diseased private trees have three options
available for tree removal:
1. Remove the tree themselves;
2. Hire and pay their own contractor; or
3. Hire their own contractor and request the cost of the tree removal be assessed against
their property tax.
Vacant Properties
In cases where the property is vacant and no owner can be found, removals must be ordered when trees
have passed the removal deadline or become hazardous. A contractor then performs the removal and the
cost is assessed to the property.
B. POLICIES (resolutions, ordinances, regulations, statutes. etch
• The work has been completed with prior approval from the affected residents; except in cases of
vacant properties.
• Minnesota State Statute requires the County be notified of all special assessments.
• The proposed assessment was properly filed with the City Clerk.
• Notices of the assessment hearing were mailed to the owner of each parcel described in the
assessment roll on September 12, 2019.
• The public hearing notice was published in the official newspaper on September 19, 2019.
C. CRITICALTIMING ISSUES:
• The unpaid charges for the removal of the diseased trees must be special assessed for
certification to the County Auditor along with current taxes as stated in City Code 910.23.
• The assessment role is submitted to the County Auditor and must be reported to Hennepin County
by the end of November annually.
D. FINANCIAL IMPACT:
The costs to be assessed for the removal of diseased trees on private property for work ordered
during the period January 1, 2018, through December 31, 2018, have been determined to be
$41, 307.72.
The property owner may pay the original principal amount without interest within 30 days from the
date the Council adopts the assessment. The unpaid balance will be spread over five (5) years
with a five percent (5%) interest rate.
The original source of funding to have the work done is through the City's Permanent
Improvement Revolving Fund.
E. LEGAL CONSIDERATION:
• The City Attorney has reviewed the resolution and will be available to answer any questions.
ALTERNATIVE RECOMMENDATION (Sl:
• None
PRINCIPAL PARTIES EXPECTED AT MEETING:
Property owners on the assessment roll.
ATTACHMENTS:
Description Type
Tree Assessment Resolution Resolution Letter
Tree Assessment Roll Exhibit
RESOLUTION NO.
RESOLUTION ADOPTING ASSESSMENT FOR THE REMOVAL OF DISEASED
TREES FROM PRIVATE PROPERTY FOR WORK ORDERED DURING JANUARY 1,
2018 THROUGH DECEMBER 31, 2018
WHEREAS, costs have been determined for the removal of diseased trees from
private properties in the City of Richfield and the expenses incurred or to be incurred for
such work ordered during the period of January 1, 2018 through December 31, 2018
amount to $41,307.72.
WHEREAS, pursuant to proper notice duly given as required by law, the council
has met and passed upon all objections to the proposed assessment for current
services related to the removal of diseased trees from private properties in the City of
Richfield and the expenses incurred or to be incurred for such work ordered during the
period of January 1, 2018 through December 31, 2018. The costs to the properties are
as follows:
Tree Assessment for Work in 2018
ID
Street Name
Oria Assessment
35-028-24-3440043
10th Ave S
$731.17
35-028-24-34-0045
10th Ave S
$4 085.95
27-02&24-12-0078
2nd Ave S
$8 064.38
27-02&24-12-0083
2nd Ave S
$1 100.00
27-028-2444-0063
5th Ave S
$5,214.96
28-02&24-21-0014
Knox Ave S
$2.473.08
32-028-2443-0107
Thomas Ave S
$698.91
34-028-214-1 M033
Stevens Ave S
$1.932.66
35-028-24-21-0026
10th Ave S
$1,612.86
35-028-2441-0088
17th Ave S
$967.73
26-028-24-44-0103
17th Ave S
$1.752.21
27-028-2442-0040
1st Ave S
S806.44
28-028-2434-0081
Knox Ave S
$1 344.06
33-028-2422M%
Newton Ave S
$5 323.00
33-028-2422-0120
Oliver Ave S
$4 290.25
34-028-24-11-0077
Portland Ave
$910.06
i741,307.72
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota:
1. Such proposed assessment roll, in the amount of $41,307.72, is hereby accepted
and shall constitute the special assessment against the lands named herein, and
each tract of land therein included is hereby found to be benefited by the proposed
current services in the amount of the assessment levied against it.
2. Such assessment shall be payable in no more than one annual installment and shall
bear interest at the rate of five (5%) percent from the date of adoption of this
assessment resolution.
3. The owner of any property so assessed may, at any time prior to certification of the
assessment to the County Auditor, pay the whole of the assessment on such
property with interest accrued to the date of payment, to the City's Assessing
Division, except that no interest shall be charged if the entire assessment is paid by
November 7, 2019. A property owner may, at any time prior to November 15, pay to
the City's Assessing Division the entire amount of the assessment remaining unpaid,
with interest accrued to December 31 of the year in which such payment is made.
4. The City Clerk shall forthwith transmit a certified duplicate of this assessment roll to
the County Auditor to be extended on the property tax lists of the County and such
assessments shall be collected and paid over in the same manner as other
municipal taxes.
Adopted by the City Council of the City of Richfield, Minnesota this 8th day of October,
2019.
Maria Regan Gonzalez, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
Tree Assessment for Work in 2018
Property ID
Street Name
Orig Assessment
35-028-24-34-0043
10th Ave S
$731.17
35-028-24-34-0045
10th Ave S
$4,085.95
27-028-24-12-0078
2nd Ave S
$8,064.38
27-028-24-12-0083
2nd Ave S
$1,100.00
27-028-24-44-0063
5th Ave S
$5,214.96
28-028-24-21-0014
Knox Ave S
$2,473.08
32-028-24-43-0107
Thomas Ave S
$698.91
34-028-24-13-0033
Stevens Ave S
$1,932.66
35-028-24-21-0026
10th Ave S
$1,612.86
35-028-24-41-0088
17th Ave S
$967.73
26-028-24-44-0103
17th Ave S
$1, 752.21
27-028-24-42-0040
1 st Ave S
$806.44
28-028-24-34-0081
Knox Ave S
$1,344.06
33-028-24-22-0095
Newton Ave S
$5,323.00
33-028-24-22-0120
Oliver Ave S
$4,290.25
34-028-24-11-0077
Portland Ave
$910.06
$41,307.72
AGENDA SECTION: PUBLIC HEARINGS
AGENDA ITEM # 14.
STAFF REPORT NO. 123
CITY COUNCIL MEETING
10/8/2019
REPORT PREPARED BY: Chris Link, Operations Superintendent
DEPARTMENT DIRECTOR REVIEW: Kristin Asher, Public Works Director/City Engineer
10/1/2019
OTHER DEPARTMENT REVIEW: N/A
CITYMANAGER REVIEW: Katie Rodriguez, City Manager
10/2/2019
ITEM FOR COUNCIL CONSIDERATION:
Public hearing and consideration of resolutions adopting the annual Lyndale/HUB/Nicollet (LHN)
Maintenance District assessment and proposed work for 2020.
EXECUTIVE SUMMARY:
The Lyndale/HUB/Nicollet (LHN) maintenance assessment was established to recover special maintenance
expenses in the LHN area in 1981. The current services include:
• Maintenance and operation of irrigation
• Weed control
• Mowing
• Trash and litter removal
• Maintenance of street lighting system
• Fence maintenance
The LHN Redevelopment Area is approximately bounded by 64th Street, 1st Avenue, 67th Street, and
Emerson Avenue (map attached).
For 2018 work, the large fence separating residential properties from commercial properties along 1st Ave S.
from 66th St. to 65th St. was replaced, contributing significantly to the 2018 assessment total.
RECOMMENDED ACTION:
Conduct and close the public hearing and by motion:
1. Adopt a resolution adopting the assessment on the Lyndale/HUB/Nicollet (LHN)
district for costs incurred to maintain the area for 2018.
2. Adopt a resolution ordering the undertaking of the current service project within the
Lyndale/HUB/Nicollet (LHN) district for 2020.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
• City staff has determined actual costs of current services to be assessed for the 2018
maintenance of this area to be $84,041.38, and the estimated cost for 2020 maintenance to be
$50, 000.
• Fluctuations in expenditures for maintenance of LHN are caused by a number of factors:
• Changes in water use and irrigation costs;
• Concrete repair variations; and
• Demand of aging infrastructure updates.
B. POLICIES (resolutions, ordinances, regulations, statutes, etch
• Section 825 of the City Code indicates "current services" mean one or more of the following:
(a) snow, ice, or rubbish removal from sidewalks;
(b) weed elimination from streets or private property;
(c) removal or elimination of public health or safety hazards from private property, excluding
any structure included under the provisions of Minnesota Statutes, sections 463.15 to
463.26;
(d) installation or repair of water service lines;
(e) street sprinkling, sweeping, or other dust treatment of streets;
(f) the trimming and care of trees and the removal of unsound trees from any street;
(g) the treatment and removal of insect -infested or diseased trees on private property;
(h) the repair of sidewalks and alleys;
(i) the operation of a street lighting system;
(j) the maintenance of landscaped areas, decorative parks and other public amenities on or
adjacent to street right-of-way; and,
(k) snow removal and other maintenance of streets in commercial redevelopment areas.
• Council ordered the work and the work was done for 2018.
• Commercial property owners will be assessed on a per -square -foot basis.
• The proposed assessment was properly filed with the City Clerk.
• Notice of assessment and the public hearing was mailed to all property owners on the assessment
roll on September 12, 2019.
• Notice of the public hearing was published in the official newspaper on September 19, 2019.
C. CRITICALTIMING ISSUES:
• Each year the City shall list the total unpaid charges for current services against each separate lot
or parcel to which they are attributable under Section 825 of the City Code. This list is available at
the offices of the City Clerk, Assessing, and Public Works.
• The list is submitted to the County Auditor and due to Hennepin County by the end of November
annually.
D. FINANCIAL IMPACT:
• All costs to the City will be recovered through this assessment.
• For 2018 work, the large fence separating residential properties from commercial properties along
1stAve S. from 66th St. to 65th St. was replaced, contributing significantly to the 2018
assessment total.
• Estimated and actual costs for the LHN maintenance services from 2003-2018 are:
Year Estimated Actual
2003 $50,000 $37,785.67
2004 $50,000 $44,031.39
2005 $50,000 $45,385.31
2006 $50,000 $45,648.56
2007 $50,000 $51,605.29
2008 $50,000 $49,999.99
2009 $50,000 $49,747.02
2010 $50,000 $32,459.40
2011 $50,000 $39,090.87
2012 $50,000 $32,244.51
2013 $50,000 $25,522.16
2014 $50,000 $29,415.52
2015 $50,000 $27,321.07
2016 $50,000 $26, 025.24
2017 $50,000 $24,107.92
2018 $50,000 $84,041.38
E. LEGAL CONSIDERATION:
• The City Attorney will be available to answer questions.
ALTERNATIVE RECOMMENDATION .
• None
PRINCIPAL PARTIES EXPECTED AT MEETING:
Property owners on the assessment roll.
ATTACHMENTS:
Description
❑ LHN Assessment Roll
❑ LHN Resolution 2018
❑ LHN Resolution 2020
Type
Exhibit
Resolution Letter
Resolution Letter
❑ LHN Assessment District Backup Material
L ndale-Hub-Nicollet Maintenance Distrcit Assessments for Work in 2018
Property ID
Street Name
Orig Assessment
27-028-24-32-0132
L ndale Ave S
$256.60
27-028-24-32-0133
Grand Ave S
$720.91
27-028-24-32-0134
66th St W
$525.41
27-028-24-32-0137
L ndale Ave S
$4,191.07
27-028-24-13-0052
Nicollet Ave S
$378.78
27-028-24-13-0053
Nicollet Ave S
$830.88
27-028-24-23-0074
L ndale Ave S
$1,405.17
27-028-24-23-0086
L ndale Ave S
$342.13
27-028-24-23-0087
L ndale Ave S
$610.94
27-028-24-23-0088
L ndale Ave S
$647.60
27-028-24-24-0057
Nicollet Ave S
$415.44
27-028-24-23-0115
ADDRESS PENDING
$537.63
28-028-24-14-0010
66th St W
$1,454.05
28-028-24-14-0370
ADDRESS PENDING
$769.79
28-028-24-41-0039
66th St W
$806.45
27-028-24-13-0001
Nicollet Ave S
$1,124.14
27-028-24-13-0115
66th St E
$97.75
27-028-24-23-0084
L ndale Ave S
$232.16
27-028-24-23-0085
L ndale Ave S
$171.06
27-028-24-23-0090
L ndale Ave S
$769.79
27-028-24-23-0010
L ndale Ave S
$867.54
27-028-24-24-0063
66th St W
$720.91
27-028-24-32-0126
L ndale Ave S
$427.66
27-028-24-42-0078
Nicollet Ave S
$2,052.77
27-028-24-13-0116
Nicollet Ave S
$3,958.91
27-028-24-23-0082
66th St W
$3,482.38
27-028-24-23-0105
Woodlake Dr
$244.38
27-028-24-23-0106
66th St W
$61.09
27-028-24-23-0111
L ndale Ave S
$3,934.48
27-028-24-23-0112
L ndale Ave S
$1,857.27
27-028-24-23-0113
L ndale Ave S
$1,490.70
27-028-24-23-0114
L ndale Ave S
$2,394.90
27-028-24-23-0116
ADDRESS PENDING
$5,400.74
27-028-24-23-0117
ADDRESS PENDING
$5,400.74
27-028-24-24-0040
Nicollet Ave S
$293.25
27-028-24-24-0060
Nicollet Ave S
$2,187.18
27-028-24-24-0061
65th St W
$16,067.80
27-028-24-24-0064
66th St W
$4,154.42
27-028-24-24-0065
Nicollet Ave S
$757.57
27-028-24-32-0127
L ndale Ave S
$1,429.61
27-028-24-32-0138
66th St W
$513.19
27-028-24-32-0452
L ndale Ave S
$4,997.52
28-028-24-11-0092
L ndale Ave S
$2,077.21
28-028-24-11-0093
L ndale Ave S
$1,637.33
28-028-24-14-0372
ADDRESS PENDING
$1,344.08
$84,041.38
RESOLUTION NO.
RESOLUTION ADOPTING ASSESSMENT FOR THE
LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE FOR
THE PERIOD JANUARY 1, 2018 TO DECEMBER 31, 2018
WHEREAS, pursuant to proper notice duly given as required by law, the Council
has met and passed upon all objections to the proposed assessment for current
services related to maintenance of the Lyndale/Hub/Nicollet (LHN) Redevelopment
Area, which is approximately bounded by 64th Street, First Avenue, 67th Street, and
Emerson Avenue in the City of Richfield.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota as follows:
1. Such proposed assessment roll, in the total amount of $84,041.38 is hereby
accepted and shall constitute the special assessment against the lands named
therein, and each tract of land therein included is hereby found to be benefited by
the proposed current services in the amount of assessment levied against it.
2. Such assessment shall be payable before or during 2020 and shall bear interest at
the rate of five percent (5%) from the date of adoption of this assessment resolution.
3. The owner of any property so assessed may, at any time prior to certification of the
assessment to the County Auditor, pay the whole of the assessment on such
property with interest accrued to the date of payment, to the City's Finance Division,
except that no interest shall be charged if the entire assessment is paid before
November 7, 2019. A property owner may, at any time prior to November 15 pay to
the City's Finance Division the entire amount of the assessment remaining unpaid,
with interest accrued to December 31 of the year in which payment is made.
4. The City Clerk shall forthwith transmit a certified duplicate of this assessment roll to
the County Auditor to be extended on the proper tax lists of the County and such
assessment shall be collected and paid over in the same manner as other municipal
taxes.
Passed by the City Council of the City of Richfield, Minnesota, this 8th day of
October, 2019.
Maria Regan Gonzalez, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
RESOLUTION NO.
RESOLUTION ORDERING UNDERTAKING OF CURRENT
SERVICE PROJECT LYNDALE/HUB/NICOLLET (LHN)
MAINTENANCE FOR THE PERIOD JANUARY 1, 2020 TO
DECEMBER 31, 2020
WHEREAS, pursuant to ordinance, the City Council of the City of Richfield did
establish a special assessment district and did propose that certain services be
undertaken by the City in the Lyndale/HUB/Nicollet Redevelopment Area approximately
bounded by 64th Street, First Avenue, 67th Street and Emerson Avenue and that the
cost of such services be specially assessed against benefited property; and
WHEREAS, the City Council of the City of Richfield did also by such resolution
set the date of public hearing on the undertaking of such current service project and the
levying of special assessment to bear the cost thereof; and
WHEREAS, following due notice, such public hearing was held on October 8,
2019, at which time all interested parties desiring to be heard were given an opportunity
to be heard.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota, as follows:
1. That the following examples of current services of the City shall be undertaken by
the City within the LHN Redevelopment Project Area, which area constitutes the
special assessment district with the exception of single family, two family and
multifamily residential properties, with the cost of such services to be specially
assessed against the benefited property within the district:
a. Snow, ice or rubbish removal;
b. Weed elimination;
c. Elimination or removal of public health or safety hazards from private
property, excluding any structure included under the provisions of Minnesota
Statutes Section 463.15 to 463.26;
d. Installation and repair of water service lines;
e. Street sprinkling or other dust treatment of streets;
f. The treatment and removal of insect -infested or diseased trees on private
property;
g. Trimming and care of trees and the removal of unsound trees;
h. Repair of sidewalks, crosswalks and other pedestrian walkways;
i. Operation of the street lighting system;
j. Maintenance of landscaped areas and other public amenities on or adjacent
to street right-of-way; and
k. Snow removal and other maintenance of streets.
2. The work to be performed may be by day labor, by City force, by contract, or by any
combination thereof.
3. The designated period of the project shall be from January 1, 2020, through
December 31, 2020. Costs of the project shall be collected in the manner provided in
the Richfield Ordinance Code.
Passed by the City Council of the City of Richfield, Minnesota, this 8th day of
October, 2019.
Maria Regan Gonzalez, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
iw iiim, l Illli
'142 �
ti ,ice I
OWN- `I
1
AGENDA SECTION: PUBLIC HEARINGS
AGENDA ITEM # 15.
STAFF REPORT NO. 124
CITY COUNCIL MEETING
10/8/2019
REPORT PREPARED BY: Chris Link, Operations Superintendent
DEPARTMENT DIRECTOR REVIEW: Kristin Asher, Public Works Director/City Engineer
10/1/2019
OTHER DEPARTMENT REVIEW: N/A
CITYMANAGER REVIEW: Katie Rodriguez, City Manager
10/2/2019
ITEM FOR COUNCIL CONSIDERATION:
Public hearing and consideration of resolutions adopting the annual Interstate/Lyndale/Nicollet (ILN)
Project Area assessment and proposed work for 2020.
EXECUTIVE SUMMARY:
The ILN Project Area assessment was established to recover special maintenance expenses in the 77th
Street area in 1988. The current services include:
• Maintenance and operation of irrigation systems
• Weed control
• Mowing
• Fertilization
• Trash and litter removal
• Re -plantings
These current services are provided on both sides of the 77th Street wall. The maintenance functions are
funded through a maintenance assessment on 77th Street commercial properties.
RECOMMENDED ACTION:
Conduct and close the public hearing and by motion:
1. Adopt a resolution adopting the assessment on the ILN Project Area for costs incurred to
maintain the area for 2018.
2. Adopt a resolution ordering the undertaking of the current service project within the ILN Project
Area for 2020.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
City staff has determined the actual assessment costs of current services for 2018 for this area to
be $71, 528.09.
The estimate for 2020 maintenance is $80,000.
Fluctuations in expenditures for maintenance of the 77th Street Project Area are caused by a
number of factors:
• Changes in water use and irrigation costs;
• Concrete repair variations;
• Demand for aging infrastructure updates; and
• Need for re -plantings.
B. POLICIES (resolutions, ordinances, regulations, statutes, etch
• Section 825 of the City Code indicates "current services" mean one or more of the following:
(a) snow, ice, or rubbish removal from sidewalks;
(b) weed elimination from streets or private property;
(c) removal or elimination of public health or safety hazards from private property, excluding
any structure included under the provisions of Minnesota Statutes, sections 463.15 to
463.26;
(d) installation or repair of water service lines;
(e) street sprinkling, sweeping, or other dust treatment of streets;
(f) the trimming and care of trees and the removal of unsound trees from any street;
(g) the treatment and removal of insect -infested or diseased trees on private property;
(h) the repair of sidewalks and alleys;
(i) the operation of a street lighting system;
(j) the maintenance of landscaped areas, decorative parks and other public amenities on or
adjacent to street right-of-way; and,
(k) snow removal and other maintenance of streets in commercial redevelopment areas.
• Council ordered the work and the work was completed for 2018.
• Resolution No. 7405, adopted in 1988, established a policy for assessing the costs.
• Commercial property owners will be assessed on a per -square -foot basis; however, all single
family and multi -family residential properties, plus the two churches in the area, would be exempt
from the special assessment levy.
• The proposed assessment was properly filed with the City Clerk.
• Notice of the public hearing was mailed to all owners described on the assessment roll on
September 12, 2019.
• The public hearing notice was published in the official newspaper on September 19, 2019.
C. CRITICALTIMING ISSUES:
• Each year the City shall list the total unpaid charges for current services against each separate lot
or parcel to which they are attributable under Section 825 of the City Code. This list is available at
the offices of the City Clerk, Assessing, and Public Works.
• The assessment roll is submitted to the County Auditor and is due to Hennepin County by the end
of November annually.
D. FINANCIAL IMPACT:
• All costs to the City will be recovered through this assessment.
• Estimated and actual costs for the I LN Project Area maintenance services from 2003-2018 are:
Year Estimate Actual
2003 $80,000 $59,831.07
2004 $80,000 $63,842.79
2005 $80,000 $64,841.54
2006 $80,000 $69,606.52
2007 $80,000 $77,441.46
2008 $80,000 $77,000.01
2009 $80,000 $62,894.55
2010 $80,000 $64,124.81
2011 $80,000 $72,427.48
2012 $80,000 $78,286.46
2013 $80,000 $59,779.82
2014 $80,000 $71,499.01
2015 $80,000 $59,557.56
2016 $80,000 $71,489.33
2017 $80,000 $77,790.83
2018 $80,000 $71,528.09
E. LEGAL CONSIDERATION:
• The City Attorney will be available to answer questions.
ALTERNATIVE RECOMMENDATION .
• None
PRINCIPAL PARTIES EXPECTED AT MEETING:
Property owners on the assessment roll.
ATTACHMENTS:
Description
Type
❑ ILN Assessment Roll
Exhibit
❑ ILN Resolution 2018
Resolution Letter
❑ ILN Resolution 2020
Resolution Letter
❑ ILN Assessment District
Backup Material
77th Street Maintenance District Assessment for 2018 Work
Property ID
Street Name
Orig Assessment
33-028-24-44-0114
L ndale Ave S & W 76 1/2 STREET
$15.87
33-028-24-43-0019
76th St W
$2,102.37
33-028-24-43-0049
Meridian Crossings
$3,601.79
33-028-24-43-0050
Meridian Crossings
$3,950.86
34-028-24-33-0081
L ndale Ave S
$1,324.89
34-028-24-33-0082
L ndale Ave S
$119.00
34-028-24-33-0150
L ndale Ave S
$460.14
34-028-24-33-0151
L ndale Ave S
$460.14
34-028-24-33-0152
L ndale Ave S
$460.14
34-028-24-33-0153
L ndale Ave S
$460.14
34-028-24-33-0154
L ndale Ave S
$460.14
34-028-24-33-0155
L ndale Ave S
$460.14
34-028-24-34-0001
78th St W
$261.80
34-028-24-34-0053
78th St W
$1,697.76
34-028-24-34-0054
Wentworth Ave
$364.94
34-028-24-34-0056
78th St W
$420.47
34-028-24-34-0057
Pillsbury Ave
$610.88
34-028-24-34-0058
Pillsbury Ave
$95.20
34-028-24-34-0059
Pillsbury Ave
$87.27
34-028-24-34-0061
Pillsbury Ave
$182.47
34-028-24-34-0065
Nicollet Ave S
$341.14
34-028-24-34-0066
Nicollet Ave S
$317.34
34-028-24-44-0006
Portland Ave
$261.80
34-028-24-44-0007
Portland Ave
$420.47
34-028-24-44-0023
78th St E
$531.54
34-028-24-44-0024
5th Ave S
$182.47
34-028-24-44-0025
5th Ave S
$182.47
34-028-24-44-0027
5th Ave S
$245.94
34-028-24-44-0028
77th St E
$190.40
34-028-24-44-0029
4th Ave S
$380.81
34-028-24-44-0030
4th Ave S
$293.54
33-028-24-44-0112
WEST 77TH STREET & LYNDALE AVENUE SOUTH
$1,689.83
34-028-24-44-0032
77th St E
$666.41
35-028-24-33-0006
Portland Ave
$404.61
35-028-24-33-0007
Portland Ave
$539.48
35-028-24-33-0008
Portland Ave
$499.81
35-028-24-34-0002
78th St E
$452.21
35-028-24-43-0008
78th St E
$848.88
35-028-24-44-0004
Cedar Ave S
$991.68
35-028-24-44-0006
78th St E
$595.01
35-028-24-44-0031
78th St E
$610.88
35-028-24-44-0032
Bloomington Ave S
$31.73
33-028-24-44-0110
L ndale Ave S
$1,689.83
33-028-24-44-0113
L ndale Ave S
$222.14
33-028-24-44-0115
L ndale Ave S
$174.54
33-028-24-44-0231
78th St W
$6,830.70
33-028-24-44-0232
78th St W
$5,981.83
33-028-24-44-0233
L ndale Ave S
$428.41
33-028-24-44-0234
78th St W
$309.41
33-028-24-44-0235
78th St W
$214.20
33-028-24-44-0236
42 Unassigned
$428.41
34-028-24-33-0087
77th St W
$888.55
34-028-24-33-0088
177th St W
$1,904.03
34-028-24-33-0156
77th St W
$5,450.29
34-028-24-34-0055
Wentworth Ave
$364.94
34-028-24-34-0060
Pillsbury Ave
$182.47
34-028-24-34-0073
Pillsbury Ave
$745.75
34-028-24-43-0005
2nd Ave S
$737.81
34-028-24-43-0077
2nd Ave S
$420.47
34-028-24-43-0078
Nicollet Ave S
$7,441.58
34-028-24-44-0031
5th Ave S
$555.34
34-028-24-44-0037
78th St E
$587.08
35-028-24-33-0009
78th St E
$460.14
35-028-24-43-0077
77th St E
$2,982.98
35-028-24-44-0010
77th St E
$2,546.64
35-028-24-44-0033
78th St E
$1,705.69
$71 528.09
Closed Desc
RESOLUTION NO.
RESOLUTION ADOPTING ASSESSMENT ON
INTERSTATE-LYNDALE-NICOLLET (ILN) PROJECT AREA MAINTENANCE FOR
THE PERIOD JANUARY 1, 2018 TO DECEMBER 31, 2018
WHEREAS, pursuant to proper notice duly given as required by law, the council
has met and passed upon all objections to the proposed assessment for current
services related to maintenance of the ILN Project Area, which is approximately
bounded east of 1-35W and west of Cedar Avenue.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota, as follows:
1. Such proposed assessment roll in the total amount of $71,528.09 is hereby
accepted and shall constitute the special assessment against the lands named
therein, and each tract of land therein included is hereby found to be benefited by
the proposed current services in the amount of assessment levied against it.
2. Such assessment shall be payable before or during 2020 and shall bear interest at
the rate of five percent (5%) from the date of adoption of this assessment resolution.
3. The owner of any property so assessed may, at any time prior to certification of the
assessment to the County Auditor, pay the whole of the assessment on such
property with interest accrued to the date of payment, to the City's Finance Division,
except that no interest shall be charged if the entire assessment is paid by
November 7, 2019. A property owner may, at any time prior to November 15, pay to
the City's Finance Division the entire amount of the assessment remaining unpaid,
with interest accrued to December 31 of the year in which payment is made.
4. The City Clerk shall forthwith transmit a certified duplicate of this assessment roll to
the County Auditor to be extended on the proper tax lists of the County and such
assessment shall be collected and paid over in the same manner in other municipal
taxes.
Adopted by the City Council of the City of Richfield, Minnesota this 8th day of October,
2019.
Maria Regan Gonzalez, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
RESOLUTION NO.
RESOLUTION ORDERING THE UNDERTAKING OF
CURRENT SERVICE PROJECT WITHIN THE
INTERSTATE-LYNDALE-NICOLLET (ILN) PROJECT
AREA FOR THE PERIOD JANUARY 1, 2020 TO
DECEMBER 31, 2020
WHEREAS, pursuant to ordinance, the City Council of the City of Richfield did
establish a special assessment district and did propose that certain current services be
undertaken by the City in the ILN Project Area, approximately bounded by 1-35W, 77th
Street, 1-494 and Cedar Avenue and that the cost of such services be specially
assessed against benefited property; and
WHEREAS, the City Council of the City of Richfield did also by such resolution
set the date of the public hearing on the undertaking of such current service project and
the levying of special assessment to bear the cost thereof; and
WHEREAS, following due notice, such public hearing was held on October 8,
2019, at which time all interested parties desiring to be heard were given an opportunity
to be heard.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota as follows:
1. That the following examples of current services of the City shall be undertaken by
the City within the ILN Project Area, which area constitutes the special assessment
district with the exception of residential properties, plus the two churches in the area,
with the cost of such services to be specially assessed against the benefited
property within the district:
a. Snow, ice or rubbish removal;
b. Weed elimination;
c. Elimination or removal of public health or safety hazards from private
property, excluding any structure included under the provisions of Minnesota
Statutes Section 463.15 to 463.26;
d. Installation and repair of water service lines;
e. Street sprinkling or other dust treatment of streets;
f. The treatment and removal of insect -infested or diseased trees on private
property;
g. Trimming and care of trees and the removal of unsound trees;
h. Repair of sidewalks, crosswalks and other pedestrian walkways;
i. Operation of the street lighting system;
j. Maintenance of landscaped areas and other public amenities on or adjacent
to street right-of-way; and
k. Snow removal and other maintenance of streets.
2. The work to be performed may be by day labor, by City force, by contract, or by any
combination thereof.
3. The designated period of the project shall be from January 1, 2020, through
December 31, 2020. Costs of the project shall be in the manner provided in the
Richfield Ordinance Code.
Adopted by the City Council of the City of Richfield, Minnesota this 8th day of October,
2019.
Maria Regan Gonzalez, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
1401
n
AGENDA SECTION: RESOLUTIONS
AGENDA ITEM # 16.
STAFF REPORT NO. 125
CITY COUNCIL MEETING
10/8/2019
REPORT PREPARED BY: Jennifer Anderson, Support Services Manager
DEPARTMENT DIRECTOR REVIEW: JayA. Henthorne, Director of Public Safety/Chief of Police
OTHER DEPARTMENT REVIEW: NA
CITYMANAGER REVIEW: Katie Rodriguez, City Manager
10/2/2019
ITEM FOR COUNCIL CONSIDERATION:
Violation hearing and consideration of a resolution regarding civil enforcement for establishments that
recently underwent alcohol compliance checks conducted by Richfield Public Safety staff, and failed by
selling alcohol to underage youth.
EXECUTIVE SUMMARY:
Richfield Public Safety staff conducted phase one of the alcohol compliance checks for 2019. These checks
are done to determine the availability of alcohol to underage youth and to meet State Statutes. There are
currently 33 establishments that hold licenses to sell alcohol in Richfield. Compliance checks were conducted
at 31 establishments. Two establishments were closed at the time the checks were conducted. Four of the 31
establishments sold alcohol to an underage youth. The action being taken today is for civil enforcement and
penalties against those establishments: 1) Davanni's Inc. d/b/a Davanni's Pizza and Hot Hoagies located
at 6345 Penn Avenue South 2) Richfield Municipal Liquor Store #2 d/b/a Cedar Liquor Store located at 6600
Cedar Avenue South 3) Northern Tier Retail LLC. d/b/a Speedway #4188 located at 7720 Nicollet Avenue
South and 4) Northern Tier Retail LLC. d/b/a Speedway #4615 located at 826 West 66th Street.
This is the fourth alcohol compliance check failure for Davanni's Inc. d/b/a Davanni's Pizza and Hot Hoagies
located at 6345 Penn Avenue South. Previous failures occurred on July 14, 2001, December 3, 2003 and
October 18, 2007. Since their last alcohol compliance check failure in 2007 and this date, they have been
able to pass enough consecutive successful compliance checks to place them back at step one level of
discipline.
This is a first alcohol compliance check failure for Richfield Municipal Liquor #2 d/b/a Cedar Liquor Store
located at 6600 Cedar Avenue South. They have no previous failures.
This is the sixth failure for Northern Tier Retail LLC. d/b/a Speedway #4188 located at 7720 Nicollet Avenue
South. Previous failures occurred on March 4, 1999, November 17, 1999, December 3, 2003, November 9,
2004 and October 16, 2008. Since their last alcohol compliance check failure in 2008 and this date, they
have been able to pass enough consecutive successful compliance checks to place them back at a step one
level of discipline.
This is the third failure for Northern Tier Retail LLC. d/b/a Speedway # 4615 located at 826 West 66th Street.
Previous failures occurred on August 7, 2000 and December 4, 2002. Since their last alcohol compliance
check failure in 2002 and this date, they have been able to pass enough consecutive successful compliance
checks to place them back at a step one level of discipline.
The establishments will be given an opportunity to either admit they made an unlawful sale to a minor and
agree to the penalties imposed by the City Council, or deny the allegations and request a contested case
hearing.
If they admit to the violation, the Council will adopt a resolution imposing the penalties. If they deny the
allegation and request a contested case hearing, the City Council will refer the matter to an independent
hearing examiner. They will be notified of the date of the hearing and will be provided the opportunity to
present evidence and to rebut the City's evidence.
For first time violators, Public Safety recommends the City Council follow the guidelines set forth in
Resolution No. 9511.
• Suspend the license to sell alcohol for five days and pay a $1,000 fine.
• Require a meeting with the Public Safety Director to present a written action plan to ensure elimination
of future failures.
• Require a manager to attend an alcohol compliance and sales awareness presentation conducted by a
private firm, approved by Public Safety, with all costs to be paid by the establishment.
Richfield Liquor Store #2 d/b/a Cedar Liquor Store, located at 6600 Cedar Ave S. has accepted all penalties.
The store's liquor license was suspended from September 1 - 5, 2019 resulting in a full closure for 5
days and the $1,000 fine was paid on September 13, 2019.
RECOMMENDED ACTION:
By motion: Approve the attached resolutions regarding civil enforcement for Davanni's Inc. d/b/a
Davanni's Pizza and Hot Hoagies located at 6345 Penn Avenue South, Richfield Municipal Liquor Store
#2 d/b/a Cedar Liquor Store located at 6600 Cedar Avenue South, Northern Tier Retail LLC. d/b/a
Speedway #4188 located at 7720 Nicollet Avenue South and Northern Tier Retail LLC. d/b/a Speedway
#4615 located at 826 West 66th Street. These establishments failed alcohol compliance checks by
selling alcohol to an underage youth.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
On August 20, 2019 Richfield Public Safety staff conducted alcohol compliance checks at 31
establishments in Richfield that sell alcohol. The compliance checks were the first round of checks
conducted in 2019. Public Safety staff was assisted by two underage youth who are eighteen and
twenty years old. The establishments that sold alcohol to underage youth are:
• Davanni's Inc. d/b/a Davanni's Pizza and Hot Hoagies located at 6345 Penn Avenue South.
• Richfield Municipal Liquor #2 d/b/a Cedar Liquor Store located at 6600 Cedar Avenue South.
• Northern Tier Retail LLC. d/b/a Speedway #4188 located at 7720 NicolletAvenue South.
• Northern Tier Retail LLC. d/b/a Speedway #4615 located at 826 West 66th Street.
B. POLICIES (resolutions, ordinances, regulations, statutes, etch
• It is a violation of Minnesota State Statute and City ordinance to sell alcohol to underage youth.
• Resolution 9511 specifies certain improper conduct of alcohol license holders and delineates the
progressive discipline that can be expected when violations occur, such as the sale of alcohol to
minors.
C. CRITICALTIMING ISSUES:
Fine and suspension requirements must be met by November 8, 2019.
D. FINANCIAL IMPACT:
The fine being recommended at this time is intended to recover 100% of the costs for conducting the
compliance checks and to impose a financial penalty.
E. LEGAL CONSIDERATION:
Formal complaint charges for the selling of alcohol to an underage person have been filed against
the clerks who made the sale at each establishment.
ALTERNATIVE RECOMMENDATION (Sl:
The Council may consider taking more or less severe action against the establishments that sold alcohol to an
underage youth; however, that would deviate from the guidelines set for progressive discipline in Resolution
9511.
PRINCIPAL PARTIES EXPECTED AT MEETING:
A representative from Davanni's Inc. d/b/a Davanni's Pizza and Hot Hoagies located at 6345 Penn Avenue
South, Northern Tier Retail LLC d/b/a Speedway #4188 located at 7720 Nicollet Avenue South and Northern
Tier Retail LLC d/b/a Speedway #4615 located at 826 West 66th Street are expected to be in attendance at
the meeting. They have been notified in writing of this requirement.
ATTACHMENTS:
Description Type
❑ Richfield Liquor Store Cover Memo
❑ Davanni's Resolution Cover Memo
❑ Speedway 7720 Nicollet Resolution Cover Memo
❑ Speedway 826 66th Resolution Cover Memo
RESOLUTION NO.
RESOLUTION SUSPENDING THE LIQUOR LICENSE FOR RICHFIELD MUNICIPAL
LIQUOR STORE #2 d/b/a CEDAR LIQUOR STORE, 6600 CEDAR AVENUE SOUTH,
AND IMPOSING A CIVIL PENALTY FOR FIRST TIME ALCOHOL COMPLIANCE
FAILURE
WHEREAS, Richfield Municipal Liquor Store #2 d/b/a Cedar Liquor Store ("Licensee")
holds a Municipal Exclusive Off Sale Liquor Store license from the Alcohol and
Gambling Enforcement, Minnesota Department of Public Safety.
WHEREAS, on August 20, 2019 the City of Richfield Public Safety Department
conducted a compliance check of the Licensee's establishment; and, during the
compliance check, an employee of the Licensee sold alcohol to a minor and;
WHEREAS, this is their first alcohol compliance check failure and:
WHEREAS, the Licensee appeared before the Richfield City Council on October
8, 2019 and admitted the violation and stipulated to the penalty imposed by this
resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield as follows:
The Licensee's Municipal Exclusive Off Sale Liquor Store license is hereby suspended
for a period of five (5) consecutive days, commencing on a date to be determined by the
Public Safety Director, but to take place within 30 days after their Council appearance.
1. A civil penalty of $1,000 is hereby imposed. On or before November 8, 2019, the
Licensee shall deliver a check or money order payable to the City of Richfield in the
amount of $1,000.
2. Meet with the Director of Public Safety by November 8, 2019, to present a written
action plan to ensure future compliance.
3. One staff member, preferably the manager, must attend an alcohol compliance and
sales awareness presentation conducted by a private firm, approved by Public
Safety, with all costs to be paid by the establishment.
Passed by the City Council of the City of Richfield this 8th day of October 2019.
Maria Regan Gonzalez, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
RESOLUTION NO.
RESOLUTION SUSPENDING THE LIQUOR LICENSE FOR DAVANNI'S INC. d/b/a/
DAVANNI'S PIZZA AND HOT HOAGIES, 6345 PENN AVENUE SOUTH AND
IMPOSING A CIVIL PENALTY FOR FIRST TIME ALCOHOL COMPLIANCE FAILURE
WHEREAS, Davanni's Inc. d/b/a Davanni's Pizza and Hot Hoagies ("Licensee") holds
an On Sale Wine and 3.2 Percent Malt Liquor licenses from the City of Richfield; and
WHEREAS, on August 20, 2019 the City of Richfield Public Safety Department
conducted a compliance check of the Licensee's establishment; and, during the
compliance check, an employee of the Licensee sold alcohol to a minor and;
WHEREAS, this is their first alcohol compliance check failure and:
WHEREAS, the Licensee appeared before the Richfield City Council on October
8, 2019 and admitted the violation and stipulated to the penalty imposed by this
resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield as follows:
The Licensee's On Sale Wine and 3.2 Percent Malt Liquor license is hereby suspended
for a period of five (5) consecutive days, commencing on a date to be determined by
the Public Safety Director, but to take place within 30 days after their Council
appearance.
1. A civil penalty of $1,000 is hereby imposed. On or before November 8, 2019, the
Licensee shall deliver a check or money order payable to the City of Richfield in the
amount of $1,000.
2. Meet with the Director of Public Safety by November 8, 2019, to present a written
action plan to ensure future compliance.
3. One staff member, preferably the manager, must attend an alcohol compliance and
sales awareness presentation conducted by a private firm, approved by Public
Safety, with all costs to be paid by the establishment.
Passed by the City Council of the City of Richfield this 8th day of October 2019.
Maria Regan Gonzalez, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
RESOLUTION NO.
RESOLUTION SUSPENDING THE LIQUOR LICENSE FOR NORTHERN TIER
RETAIL LLC. d/b/a/ SPEEDWAY #4188 7720 NICOLLET AVENUE SOUTH,
AND IMPOSING A CIVIL PENALTY FOR FIRST TIME ALCOHOL
COMPLIANCE FAILURE
WHEREAS, Northern Tier Retail LLC. d/b/a Speedway #4188 ("Licensee") holds
an Off Sale 3.2 Percent Malt Liquor license from the City of Richfield; and
WHEREAS, on August 20, 2019 the City of Richfield Public Safety
Department conducted a compliance check of the Licensee's establishment; and,
during the compliance check, an employee of the Licensee sold alcohol to a
minor and;
WHEREAS, this is their first alcohol compliance check failure and:
WHEREAS, the Licensee appeared before the Richfield City Council on
October 8, 2019 and admitted the violation and stipulated to the penalty imposed
by this resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield as follows:
The Licensee's Off Sale 3.2 Percent Malt Liquor license is hereby suspended for
a period of five (5) consecutive days, commencing on a date to be determined by
the Public Safety Director, but to take place within 30 days after their Council
appearance.
1. A civil penalty of $1,000 is hereby imposed. On or before November 8, 2019,
the Licensee shall deliver a check or money order payable to the City of
Richfield in the amount of $1,000.
2. Meet with the Director of Public Safety by November 8, 2019, to present a
written action plan to ensure future compliance.
3. One staff member, preferably the manager, must attend an alcohol
compliance and sales awareness presentation conducted by a private firm,
approved by Public Safety, with all costs to be paid by the establishment.
Passed by the City Council of the City of Richfield this 8th day of October
2019.
Maria Regan Gonzalez, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
RESOLUTION NO.
RESOLUTION SUSPENDING THE LIQUOR LICENSE FOR NORTHERN TIER
RETAIL LLC d/b/a/ SPEEDWAY #4615 826 WEST 66th STREET, AND
IMPOSING A CIVIL PENALTY FOR FIRST TIME ALCOHOL COMPLIANCE
FAILURE
WHEREAS, Northern Tier Retail LLC d/b/a Speedway #4615 ("Licensee") holds
an Off Sale 3.2 Percent Malt Liquor license from the City of Richfield; and
WHEREAS, on August 20, 2019 the City of Richfield Public Safety
Department conducted a compliance check of the Licensee's establishment; and,
during the compliance check, an employee of the Licensee sold alcohol to a
minor and;
WHEREAS, this is their first alcohol compliance check failure and:
WHEREAS, the Licensee appeared before the Richfield City Council on
October 8, 2019 and admitted the violation and stipulated to the penalty imposed
by this resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield as follows:
The Licensee's Off Sale 3.2 Percent Malt Liquor license is hereby suspended for
a period of five (5) consecutive days, commencing on a date to be determined by
the Public Safety Director, but to take place within 30 days after their Council
appearance.
1. A civil penalty of $1,000 is hereby imposed. On or before November 8, 2019,
the Licensee shall deliver a check or money order payable to the City of
Richfield in the amount of $1,000.
2. Meet with the Director of Public Safety by November 8, 2019, to present a
written action plan to ensure future compliance.
3. One staff member, preferably the manager, must attend an alcohol
compliance and sales awareness presentation conducted by a private firm,
approved by Public Safety, with all costs to be paid by the establishment.
Passed by the City Council of the City of Richfield this 8th day of October
2019.
Maria Regan Gonzalez, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk