04-28-2020 Complete AgendaREGULAR CITY COUNCIL MEETING
VIRTUAL MEETING HELD VIA WEBEX
APRIL 28, 2020
7:00 PM
INTRODUCTORY PROCEEDINGS
Call to order - (Analyst Martinez Gavina to take attendance)
Open forum
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 submitted comments to kwynn@richfieldmn.gov prior to the meeting.
Pledge of Allegiance
Approval of the Minutes of the City Council Meeting of April 14, 2020. - (Analyst Martinez Gavina to take roll call vote)
PRESENTATIONS
1.Moment of Silence to Celebrate the Life of Margarita Trautmann
2.Proclamation observing Earth Day, Arbor Day, and Arbor Month
AGENDA APPROVAL
3.Approval of the Agenda - (Analyst Martinez Gavina to take roll call vote)
4.Consent Calendar contains several separate items, which are acted upon by the City Council in
one motion. Once the Consent Calendar has been approved, the individual items and
recommended actions have also been approved. No further Council action on these items is
necessary. However, any Council Member may request that an item be removed from the
Consent Calendar and placed on the regular agenda for Council discussion and action. All items
listed on the Consent Calendar are recommended for approval.
A.Consider the approval of a resolution that includes a declaration of restrictive covenants for the Seven
Hills Preparatory Academy playground in the City of Richfield. In conjunction with the agreement, also
consider approval of the Hennepin County Sports Program Playground Application that will be
submitted in partnership with the school. The City of Richfield would act as the LGU for the local
charter school.
Staff Report No. 52
B. Consider the adoption of a resolution supporting a Livable Communities Demonstration Act Pre-
Development grant application to the Metropolitan Council to support the redevelopment of 6501 Penn
Avenue South.
C. Consider the adoption of a resolution approving the Statewide Public Works Joint Powers Mutual Aid
Staff Report No. 53
Agreement and Equipment Sharing Agreement.
5. Consideration of items, if any, removed from Consent Calendar
PUBLIC HEARINGS
6. Public hearing and consider a resolution approving a final plat of the RF64 Townhomes Addition, related to the
completion of a portion of the RF64 development at 65th Street and 16th Avenue.
Staff Report No. 55
7. Consider the adoption of an emergency ordinance to provide emergency rental assistance that will provide
temporary relief for households in the City experiencing financial hardship due to the COVID-19 crisis.
Staff Report No. 56
8. Consider accepting the pricing committee's recommendation for the sale of $5,375,000 General Obligation
Bonds, Series 2020A.
CITY MANAGER’S REPORT
9. City Manager's Report
CLAIMS AND PAYROLLS
10. Claims and Payroll
COUNCIL DISCUSSION
11. Hats Off to Hometown Hits
12. 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.
Staff Report No. 54
(Analyst Martinez Gavina to take roll call vote)
PROPOSED ORDINANCES
(Address Analyst Martinez Gavina for any submitted comments)
(Analyst Martinez Gavina to take roll call vote)
OTHER BUSINESS
(Analyst Martinez Gavina to take roll call vote)
(Analyst Martinez Gavina to take roll call vote)
Staff Report No. 57
(Analyst Martinez Gavina to take roll call vote)
CALL TO ORDER
The meeting was called to order by Mayor Maria Regan Gonzalez at 7:00 p.m. via WebEx.
Council Members Maria Regan Gonzalez, Mayor; Mary Supple; Ben Whalen; Edwina Garcia; and
Present: Simon Trautmann
Staff Present:Katie Rodriguez, City Manager; Mary Tietjen, City Attorney; Chris Regis,
Finance Director; Jane Skov, IT Manager; Blanca Martinez Gavina, Executive
Analyst; and Kelly Wynn, Senior Office Assistant
Others Present: Brian Reilly and Rebecca Kurtz with Ehlers Inc.
PLEDGE OF ALLEGIANCE
Mayor Regan Gonzalez led the Pledge of Allegiance
OPEN FORUM
No speakers
APPROVAL OF MINUTES
M/Whalen, S/Trautmann to approve the minutes of the (1) Emergency City Council Meeting of
March 18, 2020; and (2) City Council Meeting of March 24, 2020.
Executive Analyst Martinez Gavina took roll call vote:
Regan Gonzalez: AYE
Supple: AYE
Trautmann: AYE
Whalen: AYE
Council Member Garcia was having technical issues and was unable to provide a vote.
Motion carried 4-0
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Council Meeting
Virtual Meeting held via WebEx
April 14, 2020
Council Meeting Minutes -2- April 14, 2020
Item #1
APPROVAL OF THE AGENDA
M/Supple, S/Whalen to approve the agenda
Executive Analyst Martinez Gavina took roll call vote:
Regan Gonzalez: AYE
Supple: AYE
Trautmann: AYE
Whalen: AYE
Council Member Garcia was having technical issues and was unable to provide a vote.
Motion carried 4-0
Item #2
ADOPTION OF A PARAMETERS RESOLUTION WITH REGARD TO THE
ISSUANCE OF THE $5,375,000 G.O. BONDS SERIES 2020A ESTABLISHING A
PRICING COMMITTEE (STAFF REPORT NO. 50)
Council Member Whalen presented staff report 50.
Director Regis spoke of how this sale will provide the City some flexibility and comparable
sales in the surrounding area.
Rebecca Kurtz explained how all the details are provided in the staff report and will be
available if anyone has questions.
M/Whalen, S/Supple to approve a Resolution Authorizing the Sale of General Obligation
Bonds Series 2020A, in the Maximum Principal Amount of $5,375,000; Fixing Their Form and
Specifications; Directing Their Execution and Delivery; Providing for the Payment; and Establishing a
Pricing Committee.
Council Member Trautmann expressed his appreciation for the plan and the flexibility it will
allow the City. He requested a status update of where the debt of the City currently sits and how the
debt could affect possible future economic uncertainty.
Director Regis explained most of the G.O. debt is supported by tax levy’s so as long as the
City is able to alter those levies, the City should have no problem paying that debt. The revenue
bonds that come from water and utility are paid by the revenue from those areas so as long as the
City is still billing and residents are paying those bills, that debt should be serviced. There are some
cash reserves available if absolutely necessary.
Council Member Trautmann asked for some outlook on what the City could be facing if the
economic downturn were similar to the issues that arose ten years ago.
Director Regis spoke of how the current situation is very different from the challenges faced
ten years ago. No offices needed to close and lack of government aid. The City has since made
changes so as to not have to rely on government aid so heavily. The big difference is the need to
cancel all recreation programs, deputy registrar, and some licensing services. Director Regis then
spoke of the City reserves and is able to levy taxes so the debt is able to be paid.
Council Meeting Minutes -3- April 14, 2020
Council Member Trautmann thanked Director Regis for taking the steps to put the City in a
place where it is not leaning on the government for aid.
Director Regis explained how there are some things that need to be paid for and fixed right
now. The water main is one thing that needs to be addressed.
Council Member Supple thinks it is good to be keeping water main infrastructure in good
shape so as to not have issues down the road. She also thanked Council Member Trautmann for his
thoughtful questions.
City Manager Rodriguez explained how the City saved money by addressing the water main
now because it is being combined with another project.
Mayor Regan Gonzalez thanked Council Member Trautmann for his questions and the
overview Director Regis was able to provide. She spoke of how important it is to maintain the water
main infrastructure. She thought it was great to hear that another city was able to get a great return on
their bond sale and is hopeful we will do the same.
Executive Analyst Martinez Gavina took roll call vote:
Regan Gonzalez: AYE
Supple: AYE
Trautmann: AYE
Garcia: AYE
Whalen: AYE
Motion carried 5-0
Item #3
SUMMARY REVIEW OF THE CITY MANAGER’S ANNUAL PERFORMANCE
EVALUATION FOR 2019, HELD ON MARCH 10, 2020, AS REQUIRED BY MINN.
STATUTES 13D.05 SUBD. 3(A) (STAFF REPORT NO. 51)
Mayor Regan Gonzalez read staff report 51. She then expressed extreme gratitude for City
Manager Rodriguez to be serving the City of Richfield. She commented on the extra ordinary
circumstances City Manager Rodriguez has had to confront and how she has done during these
challenging times. She is grateful for the leadership and integrity City Manager Rodriguez has taken
amidst all of the change that has occurred. Mayor Regan Gonzalez stated how clear it is to both staff
and City Council that City Manager Rodriguez truly is invested in what is best for the City. She is
looking forward to the future.
M/Regan Gonzalez, S/Supple to approve the motion approving the Resolution amending the
City’s Manager’s employment agreement with the City reflecting a salary adjustment.
Council Member Garcia stated how City Manager Rodriguez learned very quickly how to
adjust to the needs of the community and has risen to the occasion during a very challenging time.
She hopes that the City can continue to count on City Manager Rodriguez and is looking forward to
her future with Richfield.
Council Member Whalen expressed thanks to City Manager Rodriguez in being the leader the
City of Richfield needs. He spoke of her not being afraid to tackle tough subjects and conversations
and is looking forward to working with her in the future.
Council Meeting Minutes -4- April 14, 2020
Council Member Supple spoke of how City Manager Rodriguez has very much risen to the
occasion and is extremely appreciative of her hard work.
City Manager Rodriguez conveyed gratitude to the Council, community and staff. She stated
how this has been a journey and appreciates everyone.
Executive Analyst Martinez Gavina took roll call vote:
Regan Gonzalez: AYE
Supple: AYE
Trautmann: AYE
Garcia: AYE
Whalen: AYE
Motion carried 5-0
Item #4
CITY MANAGER’S REPORT
City Manager Rodriguez provided an update regarding the COVID-19 pandemic:
Mitigations and Community Response:
• All buildings remain closed to the public until further notice. We are again processing motor
vehicle services via a drop-box, and dealership work. No passport services at this time.
• Construction is an essential service under the Governor’s order and building permits,
inspections are still happening at a rapid clip, difficult to project with confidence but so far it
seems folks are going ahead with planned projects.
• Staff is bringing a proposal for a local COVID-19 Small Business Grant/Loan program to the
Richfield EDA at their April 20 meeting.
• Staff will also recommend that both additional CDBG and existing local funds be directed to
VEAP for emergency food and rental assistance at the April 20 HRA meeting.
• We plan to send a mailing to all residents in a couple weeks that provides info on resources
and are providing a survey asking residents about how the pandemic has impacted them this
week.
• Rec staff recently made wellness calls to all of their vulnerable customers.
• Rolling out our park ambassador program tomorrow since the weather had been crazy cold.
• PD reports that people are adhering pretty well to social distancing requirements.
• We will make decisions about summer programming and the pool at the end of the month.
• Our liquor store sales are not as robust as March but still strong.
• We have not been overwhelmed by 911 calls with flu-like symptoms, it has been steady since
mid-March.
Financial Impact:
• We continue to monitor the impact on revenues and so far we are still estimating about a $1M
loss to the General Fund this year. That’s about 5% of the budget. We are also expecting a
loss of about $800k in the Ice Arena fund but that should be somewhat offset by less part-time
and seasonal staff and we had already planned for less revenues due to the refrigeration
project.
• Hennepin County is considering waiving property tax late fees and penalties for residents and
delaying the first payment of property taxes to cities. Waiving fees is a more manageable
impact than delaying the payment. We have asked Commissioner Goettel for an estimate of
how many residents pay their taxes via escrow since those payments would not be delayed.
Staff:
• We have not had to issue any lay-offs or furloughs since much of our staff are essential, can
work from home or have been reassigned. Some part-time staff are working less hours. Of
Council Meeting Minutes -5- April 14, 2020
course our goal is not to furlough but we don’t know the extent of the pandemic. If we don’t
have summer programming or open the pool that is about 115 part-time jobs that won’t be
created. Public Works are still likely to hire some seasonal workers to maintain the parks and
other right-of-ways.
She stated how morale seems pretty good given all that we are asking of staff during the
pandemic. She continues to be impressed by their hard work and resiliency in continuing to find ways
to provide services. Even though some of the innovations will continue, there have been some silver
linings.
Council Member Trautmann was curious of Council work sessions to address policies
regarding social distancing and other items concerning the pandemic. He asked City Manager
Rodriguez what she saw as the Council’s role in the coming months.
City Manager Rodriguez reiterated to have a special session to address those questions and
goal setting. She also recommended pushing strategic planning to early next year.
Council Member Whalen wanted to make sure the upcoming election is still on the forefront of
residents’ minds. He was curious as to any plans regarding voting without people risking their health.
City Manager Rodriguez was aware of a legislative committee that met recently. They may be
providing mail-in voting along with other options. City Clerk VanHoose will be in contact on the subject
as new information becomes available.
Mayor Regan Gonzalez spoke how this pandemic is making the community face the
deficiencies. It is allowing for site of gaps in processes and the ability to fix these issues. She stated
how this will be great for strategic planning in locating those strengths and weaknesses. She then
asked if there is a picture of losses as a City and what support we can see from the government level.
City Manager Rodriguez stated the City did recently receive about $70,000. She believes a lot
of that sum will be directed to Bloomington Public Health and staff is working on getting a number on
exactly how much. No additional funds will come from the CARE Act since that is for cities with
populations over 500,000. Details on other amounts will be shared by staff as they become available.
Item #5
CLAIMS AND PAYROLL
M/Garcia, S/Whalen that the following claims and payrolls be approved:
U.S. Bank 04/14/2020
A/P Checks 286086 - 286675 $ 2,006,491.62
Payroll: 153467 - 153746 639,472.97
TOTAL $ 2,645,964.59
Executive Analyst Martinez Gavina took roll call vote:
Regan Gonzalez: AYE
Supple: AYE
Trautmann: AYE
Whalen: AYE
Garcia: AYE
Motion carried 5-0
Council Meeting Minutes -6- April 14, 2020
Item #6
HATS OFF TO HOMETOWN HITS
Council Member Supple gave praise to a Richfield graduate, Lisseth DeGracia, volunteering
aid in New York during the pandemic. She also spoke of the conversations she is having with her
students and the strength it takes to ask for help. She encourages residents to reach out and ask for
help when needed and applauded all of those providing help.
Council Member Whalen lifted up the staff for the great things they are doing and building up
the community during the pandemic. He then spoke of all the good work VEAP is doing regarding
their food and emergency rental assistance. They have been very nimble and been able to offer more
aid. He then thanked all residents who have already completed their Census forms. The City is
reporting 57% completed so he encouraged everyone to be counted.
Council Member Garcia expressed her feelings of being on the sidelines with her medical
conditions but a good friend of hers has been able to provide her with a wonderful mask. She then
spoke of how proud she has been with the City from top to bottom in everything they are doing. She
also spoke of what a nightmare this time has been but is a nightmare we will overcome. She
encouraged residents to keep faith and continue to support each other.
Council Member Trautmann spoke of how grateful he is for the staff and the City. He thanked
people taking the steps to cover up when out and about. He called out Richfield resident, Stephanie,
and how she been sewing masks nonstop. He then talked about the Friends of Wood Lake (FOWL)
Fundraiser Dinner. It is a great way to support the City and Wood Lake Nature Center. There will be a
live virtual auction as well as presentations. Meals are being provided by Local Roots and available
for pick up the day of event. He encouraged residents to attend, eat and be a part of the event.
Mayor Regan Gonzalez spoke of how the staff has continued to do amazing things during this
stressful time. She also expressed gratitude for the residents donating coffee, food and snacks to the
Fire and Police Departments. This has been a great example of people going above and beyond. She
then gave praise to Omar McMillan, Richfield teacher and basketball coach. Richfield is so fortunate
to have him in the community and inspiring the youth. He has been labeled one of the top ten coaches
in Minnesota and it speaks volumes to the leadership in the Richfield community. Mayor Regan
Gonzalez then extended a warm welcome to Krista Guzman who started as the new Human
Resources Manager. She then spoke of the law passed regarding the emergency insulin program.
The act will unsure that community members will be able to access a 30-day supply of insulin when
they are unable to afford it. She thanked all who made it happen.
Item #7
ADJOURNMENT
The meeting was adjourned by unanimous consent at 7:59 p.m.
Date Approved: April 28, 2020
Maria Regan Gonzalez
Mayor
Council Meeting Minutes -7- April 14, 2020
Kelly Wynn Katie Rodriguez
Senior Office Assistant City Manager
AGENDA SECTION:PRESENTATIONS
AGENDA ITEM #2.
CIT Y COUNCIL ME E T ING
4/28/2020
RE P O RT P RE PA RE D B Y: K elly Wynn, S enior Office A ssistant
D E PA RTME NT D IRE C TO R RE V IE W:
O THE R D E PA RTM E NT RE V IE W:
C ITY MA NA G E R RE V IE W:
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Proclamation observing Earth Day, Arbor Day, and Arbor Month
E X E C UT IV E S UM M ARY:
RE C O M M E ND E D AC T I O N:
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
C.C R IT IC AL T IMIN G IS S U E S:
D.F IN AN C IAL IMPAC T:
E.L E GAL C ON S ID E R AT ION:
ALTE R N AT IV E R E C O MME N D ATIO N(S):
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
AT TAC H ME N T S:
D escription Type
E arth D ay P roclamation B ackup Material
Proclamation of the City of Richfield
WHEREAS, Earth Day was celebrated nationwide on Wednesday, April 22, to
bring awareness about the need to care for the environment; and
WHEREAS, Arbor Day is celebrated nationwide on Friday, April 24, and Arbor
Month is celebrated in Minnesota during the month of May, to promote the value and
planting of trees; and
WHEREAS, Richfield’s Forestry Division participates in the Tree City USA program
to promote efforts to preserve, maintain, and manage the health of Richfield’s urban
forest; and
WHEREAS, Richfield has successfully implemented an organics drop off program
that lowers the city’s environmental footprint and contributes to the city’s overall actions
of stewardship; and
WHEREAS, the community of Richfield is encouraged to participate in park clean-
up efforts in April and May, as well as year-round, to demonstrate good stewardship of
our green spaces and natural resources; and
WHEREAS, Earth Day and Arbor Day will be celebrated by the City of Richfield
through a virtual week-long celebration April 20-April 24 and events will be postponed
until a safer later date; and
WHEREAS, trees and forests produce clean air, naturally filter ground water,
provide a setting that reduces stress and improves mental health, reduce exposure to
the sun’s UV rays, and provide a home for many animal species;
NOW, THEREFORE, I, MARIA REGAN GONZALEZ, Mayor of the City of
Richfield, do proclaim that the City of Richfield observes Earth Day, Arbor Day,
and Arbor Month, as a way of promoting environmental stewardship and mindful
choices to preserve our natural habitats.
PROCLAIMED this 28th day of April, 2020.
Maria Regan Gonzalez, Mayor
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #4.A.
STAFF RE P ORT NO. 52
CIT Y COUNCIL ME E T ING
4/28/2020
RE P O RT P RE PA RE D B Y: A my Markle, Recreation S ervices D irector
D E PA RTME NT D IRE C TO R RE V IE W: A my Markle
4/19/2020
O THE R D E PA RTM E NT RE V IE W:
C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager
4/22/2020
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consider the approval of a resolution that includes a declaration of restrictive covenants for the Seven
Hills Preparatory Academy playground in the City of Richfield. In conjunction with the agre ement,
also conside r approval of the Henne pin County Sports Program Play ground Application that
will be submitted in partne rship with the school. The City of Richfie ld would act as the L GU
for the local charter school.
E X E C UT IV E S UM M ARY:
Seven Hills Preparatory Academy has been a wonderful community partner for over a decade! As the school
has grown in the number of enrolled students, so has the need to grow and enhance the outdoor play
equipment.
The grant proposal that the school would like to submit to the Hennepin County Sports Playground Grant
Program for an award of $10,000 is consistent with the recreational goals of the City of Richfield. As the
grant's Local Government Unit (LGU), the City of Richfield would be the fiscal agent for the grant reward,
distribute the funds and ensure the funds are used for the specific playground equipment that is stated in the
grant proposal. The equipment would be constructed with the existing playground equipment at the school
location that is noted in both the resolution and the grant.
Also, as a condition of submitting a grant application on behalf of Seven Hills Preparatory Academy,
the City of Richfield and the school have created a resolution that include the negotiated terms of a
declaration of covenants (attached document).
The playground would be a welcome and needed amenity to both students at Seven Hills Preparatory
Academy and the City of Richfield.
RE C O M M E ND E D AC T I O N:
By Motion: Approve the resolution to submit a Hennepin County Sports Program Playground Grant
and it's associated resolution on behalf of the Seven Hills Preparatory Academy and authorize the
Recreation Services Director to execute the grant if awarded and be the fiscal agent, distributing
funds.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
Seven Hills Preparatory Academy has been a integral part of Richfield's education system. Through the
past decade, the increased number of students has led to the need of additional playground equipment.
The Hennepin County Sports Playground Grant Program will allow charter and private schools to apply
with a L GU as a partner. The City of Richfield and the school have negotiated the terms that are outlined
in the resolution that allow the city to be the fiscal agent of the project if the $10,000 grant is awarded.
The city must ensure that both the playground equipment and the location that it is built that is outlined in
the grant is adhered to. Overall, the project will increase the health and wellness of both students and the
community, which is a primary goal of the City of Richfield Recreation Department.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
The attached resolution authorizes the City of Richfield to enter into necessary and required agreements
with Seven Hills Preparatory Academy for the specific purpose of submitting a grant to the Hennepin
County Sports Playground Grant Program.
C.C R IT IC AL T IMIN G IS S U E S:
The Hennepin County Sports Playground Grant is due May 11. All grant submissions and supporting
documents need approval by City Council at the April 28 Council meeting.
D.F IN AN C IAL IMPAC T:
I f awarded, the Hennepin County Sports Program Playground Grant will fund the needed $10,000 for
the playground expansion at Seven Hills Preparatory Academy.
E.L E GAL C ON S ID E R AT ION:
There are no legal considerations for this item.
ALTE R N AT IV E R E C O MME N D ATIO N(S):
Reject the resolution and grant application and potentially miss an opportunity for funds to support the
playground expansion and improvement at Seven Hills Preparatory Academy.
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
AT TAC H ME N T S:
D escription Type
S even Hills P reparatory A cademy P layground Resolution Resolution L etter
S even Hills P reparatory A cademy A pplication for the
Hennepin C ounty S ports P rogram P layground Grant C over Memo
1
CITY COUNCIL
IN AND FOR THE CITY OF RICHFIELD, MINNESOTA
RESOLUTION NO. ______
RESOLUTION APPROVING A DECLARATION OF RESTRICTIVE COVENANTS
FOR THE SEVEN HILLS PREPARATORY ACADEMY PLAYGROUND IN THE CITY
OF RICHFIELD
WHEREAS, Seven Hills Preparatory Academy (hereinafter “Seven Hills”) is a public charter
school that serves students in kindergarten through eighth grade and has a Richfield campus
located at 1401 West 76th Street in Richfield, Minnesota; and
WHEREAS, SHPA ABC, a Minnesota nonprofit corporation (together with Seven Hills the
“Applicants”), is a related entity to Seven Hills that owns the real property located 1401 West
76th Street in Richfield, Minnesota (hereinafter the “Subject Property”); and
WHEREAS, the Applicants have been at the Subject Property for five years and have added
approximately two hundred students during that time and have since outgrown their current
playground facilities; and
WHEREAS, the Applicants now request the help of the City of Richfield (the “City”) through
the use of the Hennepin County Youth Sports Grant Program to expand the playground on the
Subject Property to better meet the needs of the school and the general public (the “Project”);
and
WHEREAS, as part of the grant program Hennepin County allows local government units to
submit grant applications for facilities located on private land on the behalf of a private entity,
such as a charter school, private school, or other non-profit organization that will operate the
facility (the “Grant Application Process”); and
WHEREAS, the Applicants estimate the total cost of the Project to be $10,000 and now request
that the City, through the Grant Application Process, formally submit a grant application in the
amount of $10,000 (the “Grant Application Amount”) from the Hennepin County Youth
Sports Program Grant on its behalf (the “Proposal”); and
WHEREAS, as a condition of submitting a grant application on behalf of the Applicants, the
City and the Applicants are required to negotiate the terms of a Declaration of Covenants,
Conditions and Restrictions pursuant to the Grant Program (hereinafter the “Declaration”); and
WHEREAS, to meet this requirement the City and the Applicants have negotiated the terms of
the attached Declaration; and
WHEREAS, the City has reviewed and supports the Project, the Grant Application Amount, the
Proposal, and the Declaration; and
2
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Richfield,
Minnesota as follows:
1. The Applicants request to have the City submit a grant application in the Grant
Application Amount for the Project pursuant to the Grant Application Process is hereby
approved.
2. The city clerk is hereby authorized and directed to take all actions necessary to complete
the Grant Application Process on behalf of the City and the Applicants.
3. Further, the attached form of the Declaration is hereby in all respects authorized,
approved, and confirmed and may be amended prior to recordation so long as the
document substantively remains as shown in the attached.
Adopted by the City Council of the City of Richfield, Minnesota this __ day of April, 2020.
__________________________
Maria Regan Gonzalez, Mayor
ATTEST:
______________________________
Elizabeth VanHoose, City Clerk
1
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS is made this April ___,
2020 (the “Declaration”), by SHPA ABC, a Minnesota nonprofit corporation and Seven Hills
Preparatory Academy, a Minnesota nonprofit corporation (collectively the “Declarants”), for the
benefit of the City Of Richfield, a Minnesota municipal corporation (the “City”).
RECITALS
WHEREAS, Declarants own and operate a public charter school that serves students in
kindergarten through eighth grade and has a Richfield campus; and
WHEREAS, SHPA ABC is the fee owner of that certain real property located at 1401 West 76th
Street, Richfield, Minnesota and as legally described on the attached Exhibit A (hereinafter the
“Subject Property”); and
WHEREAS, the Declarants have been at the Subject Property in Richfield for five years during
which time it has added approximately two hundred students; and
WHEREAS, because of such growth, the Declarants have outgrown the current playground built
on the Subject Property and now request the help of the City through the use of a Hennepin
County Youth Grant to improve and expand the playground residing on the Subject Property;
and
WHEREAS, the Hennepin County Board of Commissioners, via the Hennepin Youth Sports
Program, provide for capital funds to assist local government units of Hennepin County for the
development of sports or recreational facilities; and
WHEREAS, Hennepin County allows local government units to submit grant applications for
facilities located on private land on the behalf of a private entity, such as a charter school, private
school, or other non-profit organization that will operate the facility; and
WHEREAS, the City supports the Declarants’ planned expansion of their playground and the
City aims to expand and improve recreation facilities for all Richfield residents; and
WHEREAS, the Declarant estimates that the total cost of expanding the playground will be Ten
Thousand and 00/100 Dollars ($10,000) (the “Grant”). As such, the City is requesting Ten
Thousand and 00/100 Dollars ($10,000) from the Hennepin Youth Sports Program.
WHEREAS, as a condition of submitting a grant application on behalf of the Declarants, the
City has required the execution and filing of this Declaration of Covenants, Conditions and
Restrictions (hereinafter “the Declaration”);
WHEREAS, the Declaration shall be recorded against the Subject Property but will specifically
affect the Southeast east corner of the Subject Property as depicted on the attached Exhibit B
(the “Playground Property”).
2
THE DECLARATION
NOW THEREFORE, Declarants for itself and on behalf of their successors, heirs, assigns,
legal representatives, lessees and transferees, including, without limitation, any owners and/or
users of the Playground Property does hereby declare and agree that the Playground Property
shall be hereinafter held, sold, transferred, conveyed and occupied subject to the restrictions,
covenants, obligations and agreements set forth in this Declaration which shall run with the
Playground Property and shall be binding upon Declarants and their successors, heirs, assigns,
legal representatives, lessees and transferees, including, without limitation, any owners and/or
users of the Playground Property
1. Recitals. The above recitals are hereby incorporated into this Declaration.
2. Term of Declaration. This Declaration shall be in effect for fifteen (15) years beginning
on ________ __, 2020 (the “Covenant Term”). Upon the expiration of the Covenant
Term this Declaration shall expire through no additional action of either party.
3. Restrictions.
a. Development. The Playground Property within the Subject Property may only be
developed and used as a recreational facility which shall be used by the Declarant
for youth activities and athletics.
b. Public Access. The public shall also have the right to access and enjoy the
Playground Property for recreational purposes. The Declarant may limit the days
and hours that the Playground Property is open to the public, but any limitations
must be reasonable.
c. Notice of Non-Compliance. If, at any time during the Covenant Term, the
Playground Property is not used for recreational purposes and/or is not reasonably
available for public use, the Declarant shall repay to the City the full amount of
the Grant and any other funds provided to the Declarant by the City for the
purposes contemplated herein. Such repayment obligations must be met within
thirty (30) of receipt of notice from the City to Declarant informing the Declarant
of such non-compliance.
4. Binding Effect. This Declaration shall be recorded against the Subject Property. The
obligations and restrictions of this Declaration shall run with the land and shall be
binding against the Declarant, its successors and assigns. This Declaration may only be
amended by a written amendment executed by the Declarant, its successors and assigns
with the consent of the City.
5. Indemnification. The Declarant hereby indemnifies, and agrees to defend and hold
harmless, the City from and against all liabilities, losses, damages, costs, expenses
(including attorneys’ fees and expenses), causes of action, suits, allegations, claims,
3
demands, and judgments of any nature arising from the consequences of a legal or
administrative proceeding or action brought against them, or any of them, on account of
any failure by the Declarant to comply with the terms of this Declaration, or on account
of any representation or warranty of the Declarant contained herein being untrue.
6. Severability. The invalidity of any clause, part or provision of this Declaration will not
affect the validity of the remaining portions thereof.
7. Notices. All notices to be given pursuant to this Declaration must be in writing and will
be deemed given when mailed by certified or registered mail, return receipt requested, to
the parties hereto at the addresses set forth below, or to any other place as a party may
from time to time designate in writing. The Declarant and the City may, by notice given
hereunder, designate any further or different addresses to which subsequent notices,
certificates, or other communications are sent. The initial addresses for notices and other
communications are as follows:
To the City: Richfield HRA
Attn: Executive Director
6700 Portland Avenue South,
Richfield, MN 5542
With a copy to: Mary D. Tietjen
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
612-337-9300
To the Declarant: Seven Hills Preparatory Academy
1401 West 76th Street
Richfield, MN 55423
8. Governing Law. This Declaration shall be governed by the laws of the State of
Minnesota.
9. Attorneys’ Fees. In case any action at law or in equity, including an action for declaratory
relief, is brought against the Declarants to enforce the provisions of this Declaration, the
Declarants agree to pay the reasonable attorneys’ fees and other reasonable expenses paid
or incurred by the City in connection with the action.
IN WITNESS WHEREOF, the Declarants have caused the Declaration of Restrictive
Covenants to be signed by its respective duly authorized representatives, as of the day and year
first written above.
{Remainder of Page Intentionally Left Blank; Signature Pages to Follow}
4
SEVEN HILLS PREPARATORY ACADEMY
By:
Its: ______________________________________
Name: ____________________________________
STATE OF MINNESOTA )
) SS
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of April, 2020, by
____________________, the ______________________ of Seven Hills Preparatory Academy, a
Minnesota nonprofit corporation, on behalf of the Declarant.
Notary Public
NOTARY STAMP OR SEAL
5
SHPA ABC
By:
Its: ______________________________________
Name: ____________________________________
STATE OF MINNESOTA )
) SS
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of April, 2020, by
____________________, the ______________________ of SHPA ABC, a Minnesota nonprofit
corporation, on behalf of the Declarant.
Notary Public
NOTARY STAMP OR SEAL
This instrument drafted by:
Kennedy & Graven, Chartered (JSB)
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
612-337-9300
6
THIS DECLARATION IS ACKNOWLEDGED AND CONSENTED TO BY:
CITY OF RICHFIELD
By ______________________________________
Its
By ______________________________________
Its
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this __ day of March, 2020, by
__________________ and _______________, the ________________ and ________________
of the City of Richfield, a Minnesota municipal corporation, on behalf of the City.
Notary Public
NOTARY STAMP OR SEAL
A-1
EXHIBIT A
Legal Description of the Subject Property
PID: 33-028-24-43-0019
Lot 1, Block 1, Bourbon and Basin First Addition, according to the plat thereof on file and
of record in the Office of the County Recorder, Hennepin County, Minnesota.
B-1
EXHIBIT B
Depiction of Playground Property
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #4.B.
STAFF RE P ORT NO. 53
CIT Y COUNCIL ME E T ING
4/28/2020
RE P O RT P RE PA RE D B Y: Julie Urban, Housing and Redevelopment Manager
D E PA RTME NT D IRE C TO R RE V IE W: John S tark, C ommunity D evelopment D irector
4/22/2020
O THE R D E PA RTM E NT RE V IE W: N/A
C ITY MA NA G E R RE V IE W: K atie Rodriguez
4/22/2020
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consider the adoption of a resolution supporting a Livable Communities Demonstration Act Pre-
Development grant application to the Metropolitan Council to support the redevelopment of 6501 Penn
Avenue South.
E X E C UT IV E S UM M ARY:
The Housing and Redevelopment Authority (HRA) is working with NHH Companies and Boisclair Corporation
(Developer) to redevelop 6501 Penn Avenue South with a mixed-use development of housing and commercial
space. The Developer is proposing to submit a request for a Livable Communities Demonstration Account
(L C D A) Fund grant to support pre-development and planning activities for the site.
The Metropolitan Council has issued a Request for Proposals for the LC D A Fund. The L C D A offers grants
to support development projects that:
Connect housing, jobs, civic sites, retail centers and local/regional transportation systems.
Demonstrate a variety of housing densities, types & costs, creative placemaking,
environmentally sensitive development, and compact land use.
Catalyze additional development that efficiently uses land and infrastructure, and supports
vibrant, diverse communities.
Pre-development grants of up to $100,000 are available to support development planning activities, including
project planning activities, financial and site analysis, and community engagement activities.
Applications are due on May 1, 2020, and a resolution of support is required with the application.
RE C O M M E ND E D AC T I O N:
By motion: Adopt a resolution supporting the submittal of an application to the Metropolitan Council
for a Livable Communities Demonstration Account Fund Pre-Development grant to support the
redevelopment of 6501 Penn Avenue South.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
The HRA purchased 6501 Penn Avenue South in J anuary 2019. The development project area
may also include two adjacent parcels at 6500 Oliver Avenue South, which is owned by the HRA,
and 6504 Oliver Avenue South, which is owned by the Developer.
The HRA approved a Preliminary Development Agreement with the Developer on J anuary 21.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
The Metropolitan Council requires the City to be the applicant and to submit a resolution in
support of the grant application.
I t is the City's policy to seek grant funding when available and as appropriate.
C.C R IT IC AL T IMIN G IS S U E S:
The grant application is due on May 1, 2020, and a resolution of support needs to be submitted as
part of the application.
Approval of the application would be awarded in J uly.
Funds must be expended within two years of the grant award.
The next steps in the development planning were to define the level of affordability for the housing
component, refine the site plan, and to engage neighbors and the community in the process;
however, work on these items has been slowed by the C OV I D-19 crisis and the Stay at Home
order. Applying for preliminary development funds offers an opportunity to move forward with
planning for the project.
D.F IN AN C IAL IMPAC T:
A maximum of $100,000 is available for pre-development activities.
A 25% local match is required. The money already spent by the HRA to acquire the property will
meet the match requirements.
E.L E GAL C ON S ID E R AT ION:
The Pre-Development Agreement approved by the Housing and Redevelopment Authority (HRA)
on J anuary 21, 2020, requires the Developer to submit grant applications, as appropriate.
The City will be required to enter into a grant agreement with the Metropolitan Council, if funding
is awarded.
The City Attorney will review the grant agreement prior to execution.
ALTE R N AT IV E R E C O MME N D ATIO N(S):
Do not approve the resolution.
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
N/A
AT TAC H ME N T S:
D escription Type
Resolution Resolution L etter
RESOLUTION NO. _____
CITY OF RICHFIELD, MINNESOTA RESOLUTION IDENTIFYING THE NEED FOR
LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT (“LCDA”) FUNDING AND
AUTHORIZING AN APPLICATION FOR GRANT FUNDS
WHEREAS, the City is a participant in the Metropolitan Livable Communities Act
(“LCA”) Local Housing Incentives Account Program for 2020 as determined by the
Metropolitan Council, and is therefore eligible to apply for LCA Livable Communities
Demonstration Account funds; and
WHEREAS, the City has identified a proposed project(s) within the City that
meets LCDA purposes and criteria and are consistent with and promote the purposes of
the Metropolitan Livable Communities Act and the policies of the Metropolitan Council’s
adopted metropolitan development guide; and
WHEREAS, the City has the institutional, managerial and financial capability to
adequately manage an LCDA grant; and
WHEREAS, the City certifies that it will comply with all applicable laws and
regulations as stated in the grant agreement; and
WHEREAS, the City acknowledges LCDA grants are intended to fund projects or
project components that can serve as models, examples or prototypes for LCDA
development or redevelopment elsewhere in the Region, and therefore represents that
the proposed project or key components of the proposed project can be replicated in
other metropolitan-area communities; and
WHEREAS, only a limited amount of grant funding is available through the
Metropolitan Council’s Livable Communities LCDA initiative during each funding cycle
and the Metropolitan Council has determined it is appropriate to allocate those scarce
grant funds only to eligible projects that would not occur without the availability of LCDA
grant funding.
NOW, THEREFORE, BE IT RESOLVED that, after appropriate examination and
due consideration, the governing body of the City:
1. Finds that it is in the best interests of the City’s development goals and
priorities for the proposed LCDA Project(s) to occur at this particular site, 6501 Penn
Avenue, and at this particular time.
2. Finds that the LCDA Project component(s) for which Livable Communities
LCDA funding is sought: (a) will not occur solely through private or other public
investment within the reasonably foreseeable future; and (b) will occur within the term of
the grant award (two years for Pre-Development grants and three years for
Development grants) only if Livable Communities LCDA funding is made available for
this project(s) at this time.
3. Authorizes its staff to submit on behalf of the City one or more applications for
Metropolitan Council Livable Communities LCDA grant funds for the LCDA Project
components identified in the application, and to execute such agreements as may be
necessary to implement the LCDA Project on behalf of the City.
Adopted this 28th day of April, 2020.
__________________________
Maria Regan Gonzalez, Mayor
ATTEST:
_________________________________
Elizabeth VanHoose, City Clerk
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #4.C.
STAFF RE P ORT NO. 54
CIT Y COUNCIL ME E T ING
4/28/2020
RE P O RT P RE PA RE D B Y: S cott K ulzer, A dministrative A ide/A nalyst
D E PA RTME NT D IRE C TO R RE V IE W: K ristin A sher, P ublic Works D irector/C ity E ngineer
4/21/2020
O THE R D E PA RTM E NT RE V IE W:
C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager
4/22/2020
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consider the adoption of a resolution approving the Statewide Public Works Joint Powers Mutual Aid
Agreement and Equipment Sharing Agreement.
E X E C UT IV E S UM M ARY:
Cities have broad powers to enter into intergovernmental agreements with other governmental units. Minnesota
Statutes, Chapter 12 is known as the Minnesota Emergency Management Act and authorizes cities and other
political subdivisions to develop mutual aid arrangements for reciprocal emergency management aid and
assistance in an emergency or disaster too great to be dealt with unassisted.
Section 12.331 provides that unless there is a written agreement under Section 471.59 between the political
subdivisions establishing the rules for conducting emergency management activities, the provisions of Section
12.331 apply regarding worker's compensation, liability, damage to equipment and reimbursement. Section
12.331 was passed by the Minnesota Legislature in 1998 following the devastating St. Peter tornadoes and
the flooding in East Grand Forks. I t was intended to allow for emergency assistance in large scale
emergencies for which it would be difficult to make plans in advance.
Even though cities can rely on Section 12.331 in the absence of a written agreement under Section 471.59, it
is generally better to have a written agreement in place prior to needing assistance. Some of the reasons a
written agreement is preferred include the following:
A written agreement is likely to be more detailed than relying on Section 12.331 relating to unwritten
agreements. I t can establish specific procedures and protocols for requesting and providing
assistance and may provide for more rapid assistance.
A written agreement allows a city to pick the other parties in advance.
Changes to Section 12.331 cannot be made. A written agreement allow the parties to negotiate
specific provisions. For example, a written agreement might provide that a party will not charge for
assistance for a certain period of time. Reimbursement begins at hour one under Section 12.331.
Chapter 12 only applies to emergencies. Mutual aid agreements under Section 471.59 can apply to
any kind of assistance; an emergency is not required.
Mutual aid under Chapter 12 is limited to a few types of political subdivisions. Section 471.59
authorizes mutual aid agreements by and among many different types of entities.
RE C O M M E ND E D AC T I O N:
By Motion: Adopt the resolution approving the Statewide Public W orks Joint Powers Mutual Aid
Agreement and Equipment Sharing Agreement.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
See Executive Summary and attached fact sheets.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
Minnesota Statutes, Chapter 12 is known as the Minnesota Emergency Management Act and authorizes
cities and other political subdivisions to develop mutual aid arrangements for reciprocal emergency
management aid and assistance in an emergency or disaster too great to be dealt with unassisted.
C.C R IT IC AL T IMIN G IS S U E S:
Given the current global pandemic, entering into this mutual aid agreement will ensure Richfield is best
suited to both provide and call upon others for assistance if it is needed now or in the future.
D.F IN AN C IAL IMPAC T:
There is no membership or other fixed cost to participate in this agreement.
There is no grace period for costs, so if mutual aid is requested the cost clock can start as soon
as resources roll. That said, the agreement says that “charges may be levied”, so it is optional
whether the sending party will bill for providing assistance. The reason that it is written this way is
that traditionally local communities provided each other in-kind services without charge. However,
in some situations a party may determine it is necessary to recover its costs due to the scope of
the assistance provided.
E.L E GAL C ON S ID E R AT ION:
The City Attorney has reviewed the agreement and will be available to answer questions.
ALTE R N AT IV E R E C O MME N D ATIO N(S):
None
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
None
AT TAC H ME N T S:
D escription Type
Resolution Resolution L etter
Mutual A id F act S heet E xhibit
E quipment S haring F act S heet E xhibit
S tatewide P ublic Works Mutual A id A greement C ontract/A greement
S tatewide P ublic Works E quipment S haring A greement C ontract/A greement
RESOLUTION NO.
RESOLUTION APPROVING THE STATEWIDE PUBLIC WORKS JOINT POWERS
MUTUAL AID AGREEMENT AND EQUIPMENT SHARING AGREEMENT
WHEREAS, the City of Richfield recognizes the need for agreements that
provide a process for units of government to share public works personnel and
equipment with other agencies within the State of Minnesota;
WHEREAS, the City of Richfield has determined that joining the Statewide Public
Works Joint Powers Mutual Aid Agreement and Equipment Sharing Agreement will
provide it the greatest amount of choice, flexibility, and responsiveness in the event of
an emergency or otherwise;
WHEREAS, the City of Richfield desires to enter into said agreements which
shall become effective following the approval of this resolution.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota, that it authorizes the Statewide Public Works Joint Powers Mutual
Aid Agreement and Equipment Sharing Agreement and directs the Mayor and City
Manager to execute the agreements.
Adopted by the City Council of the City of Richfield, Minnesota this 28th Day of
April, 2020.
Maria Regan Gonzalez, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
Minnesota Statewide Public Works Mutual Aid Agreement Quick Facts
There is no membership or other fixed cost to participate in this agreement.
This is a Joint Powers Agreement that specifically allows a requesting party to select the
resources that best meets the needs of a given situation.
Only governmental units as defined by Minnesota Statues, Section 471.59, subd. 1 are eligible
to participate (cities, counties, towns, others).
A requesting party may individually call upon any other participating party for mutual aid.
There is no requirement to make requests through a particular party.
The Joint Powers Agreement should not be interpreted as being limited to only being able to
request assistance to address major catastrophic situations. Instead, parties can request
assistance for many reasons including routine circumstances such as training efforts,
maintenance operations, and back-up support service.
The decision when to request assistance or to provide assistance is left entirely to the
discretion of the requesting or sending party.
For liability reasons, management of a mutual aid situation is under the control of the
requesting party.
The sending party has discretion whether to provide personnel or equipment and can recall
such assistance at any time.
Hennepin County Emergency Management (“HCEM”) has volunteered to serve as the
administrative coordinator of the pact. They have the largest EM staff of any County EM
Department in the State.
There is no grace period for costs, so if mutual aid is requested the cost clock can start as soon
as resources roll. That said, the agreement says that “charges may be levied”, so it is optional
whether the sending party will bill for providing assistance. The reason that it is written this
way is that traditionally local communities provided each other in-kind services without
charge. However, in some situations a party may determine it is necessary to recover its costs
due to the scope of the assistance provided. That said, any joint training effort is exempt from
billing.
Each Party shall be responsible for its own personnel and equipment and for injuries or death
to its personnel or damage to its equipment. Responding personnel shall be deemed to be
performing their regular duties for each respective sending party for purposes of workers’
compensation.
If you have any questions, please contact Mark Ray at mark.ray@crystalmn.gov
Minnesota Statewide Equipment Loan Agreement Quick Facts
There is no membership or other fixed cost to participate in this agreement.
The agreement is an extension of the Public Works Joint Power Mutual Aid Agreement, so
both parties must already be party to the Public Works Joint Power Mutual Aid Agreement
before entering into this agreement.
Equipment loaned under this agreement is limited to items with a replacement value of no
greater than $500,000 (as determined by the equipment owner).
The only three things that need to be worked out between the Parties are:
o What equipment is to be loaned;
o How long it is to be loaned; and
o How much (if any) the party loaning the equipment will be reimbursed.
This is a Joint Powers Agreement that allows a sending party to determine which of its
equipment to make available to others and a requesting party to select the equipment it
desires to borrow.
Only governmental units as defined by Minnesota Statues, section 471.59 are eligible to
participate (cities, counties, towns, others).
A requesting party may individually request equipment from any other participating party for
mutual aid. There is no requirement to make requests through a particular 3 rd party.
This agreement is not limited to requests for assistance to address major catastrophic
situations. Instead, parties can request assistance for many reasons including routine
circumstances such as training efforts, maintenance operations, and back-up support service.
The decision when to request assistance or to provide assistance is left entirely to the
discretion of the requesting or sending party.
The sending party has discretion whether to provide equipment and can recall the equipment
at any time.
The requesting (receiving) party is responsible for transporting the equipment, providing
trained operators, routine maintenance, liability and equipment insurance, workers
compensation, repair/compensate for damages, storing the equipment in a safe and secure
place, and returning it to the sending party in the same condition as it was received (normal
wear and tear excepted).
Hennepin County Emergency Management (“HCEM”) has volunteered to serve as the
administrative coordinator of the pact. They have the largest EM staff of any County EM
Department in the State.
If you have any questions, please contact Mark Ray at mark.ray@crystalmn.gov.
1
STATE OF MINNESOTA
PUBLIC WORKS
MUTUAL AID PACT
TABLE OF CONTENTS
FOREWORD 2
PUBLIC WORKS JOINT POWERS MUTUAL AID AGREEMENT 4
I. GENERAL PURPOSE 4
II. DEFINITION OF TERMS 4
III. PARTIES 5
IV. PROCEDURE 5
V. RESPONSIBILITY AND LIABILITY 6
VI. EFFECTIVE DATE AND MODIFICATIONS 7
VII. WITHDRAWAL AND TERMINATION 7
2
PUBLIC WORKS JOINT POWERS
MUTUAL AID AGREEMENT
FOREWORD
The general purpose of this Public Works Joint Powers Mutual Aid Agreement
(“Agreement”) is to provide a process for units of government to share public works
personnel and equipment with other agencies within the State of Minnesota. This
Agreement specifically allows a requesting party to select the resources that best meets the
needs of a given situation. A requesting party may call upon any other participating party for
mutual aid. There is no requirement to make requests through a particular party. In addition,
this Agreement should not be interpreted as being limited to providing resources to deal
with only major catastrophic situations. Participating parties can utilize the resources for
many reasons including routine circumstances such as training efforts, maintenance
operations, joint-projects, and back-up support service. This Agreement provides the
flexibility for all units of government to use the resources located among all participating
parties in the State of Minnesota.
The decision as to when to invoke mutual aid and whether to respond is left to the discretion
of the requesting or sending party. Each unit of government should acquaint supervisory
personnel with any internal procedures used for mutual aid. While the Joint Powers
Agreement does not require particular words or actions to initiate mutual aid, agencies
should be clear about whether mutual aid is being requested and what type of assistance is
requested. The responding agency should also be clear about what, if any, assistance they
will provide in response to the request. Parties should not self-deploy.
Furthermore, each staff member within a department should have a basic familiarity with
mutual aid, the responsibilities when reporting to another unit of government and the
protections afforded under the unit of government’s workers’ compensation.
For liability reasons, management of a mutual aid situation is under the control of the
requesting party. However, the sending party has discretion whether to provide personnel or
equipment and can recall such assistance at any time.
While there is no hard and fast time limit related to requests for mutual aid, the commitment
of resources can be taxing on agencies. In addition, in some situations an advantage can
be gained by ending a mutual aid request and entering into a different form of contractual
assistance.
In order to keep this mutual aid agreement closer to local level of government, Hennepin
County Emergency Management (“HCEM”) has volunteered to serve as the administrative
coordinator for the units of government entering into this Agreement. When a community
adopts this Agreement a fully executed copy of the Agreement needs to be forwarded to
HCEM.
Each unit of government is responsible for entering and updating available unit of
government resources. Resources will now be listed online in a mutually agreed upon
resource management database. The parties to this Agreement are solely responsible for
updating their available resources in the agreed upon database.
3
The effective date for this Agreement is October 1, 2018. This date was established to allow
enough time for agencies to receive the appropriate authority. Participation can be started
upon execution of the Agreement and is effective for a unit of government upon its
submission of the signed Agreement to HCEM. Agencies that elect not to participate in the
Agreement may be bound by other existing mutual aid agreement or state statutes.
4
PUBLIC WORKS JOINT POWERS MUTUAL AID AGREEMENT
This Public Works Joint Powers Mutual Aid Agreement (“Agreement”) is formed and
entered into effective as of the 1st day of October, 2018 by and among the governmental
units that have executed this document as evidenced by the signature pages attached
hereto (individually, a “Party” and collectively, the “Parties”).
I. GENERAL PURPOSE
The general purpose of this Agreement is to provide a means by which a Party may
request and obtain public works assistance from one or more other Parties when the
Party determines such public works assistance is necessary. This Agreement is
made pursuant to Minnesota Statutes, section 471.59, which authorizes the joint or
cooperative exercise of powers common to the Parties.
II. DEFINITION OF TERMS
For the purposes of this Agreement, the terms defined in this section shall have the
following meanings:
Subd. 1. Eligible Party. “Eligible Party” means a “governmental unit” as defined by
Minnesota Statues, section 471.59, subdivision 1.
Subd. 2. Public Works Assistance. “Public Works Assistance” means equipment
and personnel including, but not limited to, licensed staff, professional engineers,
and non-licensed personnel that are used for activities related to streets, water,
stormwater, wastewater, sewers, parks, transit, buildings/facilities, airports, and all
other public works programs.
Subd. 3. Party and Parties. “Party” means an Eligible Party that elects to
participate in this Agreement by the authorization of its governing body. “Parties”
means more than one Party to this Agreement.
Subd. 4. Requesting Official. “Requesting Official” means a person who is
designated by the Requesting Party to request Public Works Assistance from
another Party.
Subd. 5. Requesting Party. “Requesting Party” means a Party that requests Public
Works Assistance from another Party.
Subd. 6. Sending Official. “Sending Official” means a person who is designated by
a Party to determine whether and to what extent that Party should provide Public
Works Assistance to a Requesting Party.
Subd. 7. Sending Party. “Sending Party” means a Party that provides Public Works
Assistance to a Requesting Party.
Subd. 8. HCEM. “HCEM” means the Hennepin County Emergency Management or
designee.
5
III. PARTIES
The Parties to this Agreement shall consist of as many Eligible Parties that have
approved this Agreement by October 1, 2018. Additional Eligible Parties shall
become a Party on the date this Agreement is approved and executed by the Party’s
governing body.
Upon approval by a Party, the executed signature page of this Agreement shall be
sent to the HCEM along with a resolution approving this Agreement.
IV. PROCEDURE
Subd. 1. Designate Officials. Each Party shall designate, and keep on file with the
HCEM, the name of the person(s) of that Party who shall be its Requesting Official
and Sending Official. A Party may designate the same person as both the
Requesting Official and the Sending Official. Also, a Party may designate one or
more persons to serve as an alternate in the absence of a designated official.
Subd. 2. Request for Assistance. Whenever, in the opinion of a Requesting
Official of a Party, there is a need for Public Works Assistance from another Party,
such Requesting Official may, at his or her discretion, call upon the Sending Official
of any other Party to furnish Public Works Assistance.
Subd. 3. Response. Upon the receipt of a request for Public Works Assistance from
a Party, the Sending Official may authorize and direct personnel and equipment of
the Sending Party be sent to the Requesting Party. Whether the Sending Party
provides such Public Works Assistance to the Requesting Party and, if so, to what
extent such Public Works Assistance is provided shall be determined solely by the
Sending Official (subject to such supervision and direction as may be applicable
within the governmental structure of the Party by which they are employed). Failure
to provide Public Works Assistance will not result in liability to a Party and each
Party hereby waives all claims against another Party for failure to provide Public
Works Assistance.
Subd. 4. Back-Up Assistance. When a Sending Party provides Public Works
Assistance under the terms of this Agreement, it may in turn request Public Works
Assistance from other Parties as “back-up” during the period it is it outside of its
jurisdiction providing Public Works Assistance to the original Requesting Party.
Subd. 5. Recalling Assistance. Whenever a Sending Party has provided Public
Works Assistance to a Requesting Party, the Sending Official may at any time recall
its personnel and equipment, or any part thereof, if the Sending Official in his or her
best judgment deems such recall is necessary to provide for the best interests of the
Sending Party’s community. Such action will not result in liability to any Party and
each Party hereby waives all claims against another Party for recalling Public Works
Assistance.
6
Subd. 6. Command of Scene. The Requesting Party shall be in command of all
situations where Public Works Assistance is provided. The personnel and equipment
of the Sending Party shall be under the direction and control of the Requesting Party
until the Sending Party withdraws Public Works Assistance or the Public Works
Assistance is no longer needed.
Subd. 7. Charges. Charges may be levied by a Sending Party for Public Works
Assistance rendered to a Requesting Party under the terms of this Agreement. The
Sending Party may submit to the Requesting Party an itemized bill for the actual cost
of any Public Works Assistance provided, including salaries, overtime, materials, and
supplies, equipment operation, and other necessary expenses. The Requesting
Party will reimburse the Sending Party providing the Public Works Assistance for
that amount or other such amount as mutually negotiated. Such charges are not
contingent upon the availability of federal or state government funds. A Party may
request a list of rates from another Party prior to requesting assistance. No charges
shall apply to joint training events unless the Parties participating in the particular
event agree to a charge in writing prior to the event.
V. RESPONSIBILITY AND LIABILITY
Subd. 1. Personnel. Each Party shall be responsible for its own personnel and
equipment, and for injuries or death to any such personnel or damage to any such
equipment. Responding personnel shall be deemed to be performing their regular
duties for each respective Sending Party for purposes of workers’ compensation.
Subd. 2. Worker’s Compensation. Each Party will maintain workers’ compensation
insurance or self-insurance coverage, covering its own personnel while they are
providing Public Works Assistance pursuant to this Agreement. Each Party, and
where applicable its insurer or coverage provider, waives the right to sue any other
Party for any worker’s compensation benefits paid to its own employee or volunteer
or their dependents, even if the injuries or death were caused wholly or partially by
the negligence of any other Party or its officers, employees, or volunteers.
Subd. 3. Damage to Equipment. Each Party shall be responsible for damages to or
loss of its own equipment. Each Party, and where applicable its insurer or coverage
provider, waives the right to sue any other Party for any damages to or loss of its
equipment, even if the damages or losses were caused wholly or partially by the
negligence of any other Party or its officers, employees or volunteers.
Subd. 4. Liability. For the purposes of the Minnesota Municipal Tort Liability Act
(Minnesota Statutes, Chapter 466), the employees and officers of the Sending Party
are deemed to be employees (as defined in Minnesota Statutes, section 466.01,
subdivision 6) of the Requesting Party.
The Requesting Party agrees to defend and indemnify the Sending Party against
any claims brought or actions filed against a Sending Party or any officers,
employees, or volunteers of a Sending Party for injury or death to any third person or
persons or damage to the property of third persons arising out of the performance
and provision of Public Works Assistance pursuant to the Agreement. Under no
7
circumstances, however, shall a Party be required to pay, on behalf of itself and
other Parties, any amount in excess of the limits of liability established in Minnesota
Statutes, chapter 466, applicable to any one Party. The limits of liability for some or
all of the Parties may not, as provided in Minnesota Statutes, section 471.59,
subdivision 1a, be added together to determine the maximum amount of liability for
any Party.
The intent of this subdivision is to impose on each Requesting Party a limited duty to
defend and indemnify a Sending Party for claims arising within the Requesting
Party’s jurisdiction subject to the limits of liability under Minnesota Statutes, chapter
466. The purpose of creating this duty to defend and indemnify is to simplify the
defense of claims by eliminating conflicts among the Parties and to permit liability
claims against the Parties from a single occurrence to be defended by a single
attorney. However, the Sending Party, at is option and its own expense, shall have
the right to select its own attorney or approve a joint attorney as appropriate,
considering potential conflicts of interest. Nothing in this Agreement is intended to
constitute a waiver of any immunities and privileges from liability available under
federal law or the laws of Minnesota. If a court determines that the liability of a Party
or Parties is not subject to the tort caps and liability exceeds the tort cap maximum, a
Party shall be subject to liability only for the acts of its officers, employees and
volunteers.
No Party to this Agreement nor any official, employee or volunteer of any Party shall
be liable to any other Party or to any other person for failure of any Party to furnish
Public Works Assistance or for recalling Public Works Assistance.
VI. EFFECTIVE DATE AND MODIFICATIONS
This Agreement shall become effective and operative beginning at 12:01 A.M., local
time on October 1, 2018. The HCEM shall maintain a current list of the Parties to
this Agreement and, whenever there is a change, shall notify the designated
Sending Officials. Notice may be sent to the Sending Officials via email or through
the United States Postal Service. No modification of this Agreement shall be
effective unless it is reduced to writing and is approved by action of the governing
body of each of the then current Parties.
VII. WITHDRAWAL AND TERMINATION
A Party may withdraw from this Agreement by its governing body adopting a
resolution to withdraw. Withdrawal is effective after 30 days’ written notice is
provided to the HCEM. HCEM shall thereupon give notice of such withdrawal, and
the effective date thereof, to all other Parties. Parties that have withdrawn may rejoin
by following the procedure set forth in this Agreement. This Agreement will terminate
with respect to all Parties if the total number of Parties to the Agreement falls below
11. HCEM shall notify the remaining Parties that the Agreement has terminated.
8
IN WITNESS WHEREOF, the Parties, by action of their respective governing bodies,
caused this Agreement to be approved on the dates below.
(Each Party must attach a dated and signed signature
page consistent with that Party’s method of executing contracts.)
9
Entity:_______________________________
Mailing Address:
____________________________________
____________________________________
Adopted on the ___ day of ___________________, 2018.
By:_______________________________
Its:_______________________________
By:_______________________________
Its:_______________________________
Attest:
By:______________________________
Its:______________________________
1
535476v4 TJG CR225-431
EQUIPMENT LOAN AGREEMENT
This Equipment Loan Agreement (“Agreement”) is made and entered into as of the
__ day of _______________, 20___ by and among the governmental units that have
executed this document as evidenced by the signature pages attached hereto.
RECITALS
A. Each Party has certain public works Equipment that can be utilized by other Parties for
use in carrying out their respective duties to keep public infrastructure properly
maintained and to protect the public health, safety, and welfare in a cost-effective
manner.
B. It is the best interests of the Parties and their respective taxpayers to enter into an
agreement to set out a process by which a Party may request the use of certain
equipment of another Party and to set out the terms under which such equipment will be
made available.
C. This Agreement is an extension of the joint powers agreement titled the Public Works
Joint Powers Mutual Aid Agreement the parties have adopted and which is a
prerequisite to entering into this Agreement.
D. In order to reduce the financial risks associated with loaning Equipment, this Agreement
is limited to only loaning Equipment that has a replacement value of no greater than
$500,000 as determined by the Party who owns the equipment.
E. Hennepin County Emergency Management has agreed to receive and maintain the
contact information for the Parties that have entered into this Agreement in order to
facilitate requests to borrow equipment.
F. This Agreement is made pursuant to Minnesota Statues, section 471.59, which
authorizes the joint and cooperative exercise of powers common to the parties. Each of
the Parties to this Agreement is authorized to own and operate Equipment and so may
enter into a joint powers agreement to share such Equipment.
AGREEMENT
The Parties to this Agreement hereby agree as follows:
1. Definition of Terms. For the purposes of this Agreement, the following terms shall
have the meaning given them in this section.
(a) Agreement. “Agreement” means this Equipment Loan Agreement.
(b) Eligible Party. “Eligible Party” means a “governmental unit” as defined by
Minnesota Statues, section 471.59, subdivision 1 that has entered into the joint
powers agreement titled the Public Works Joint Powers Mutual Aid Agreement.
2
535476v4 TJG CR225-431
(c) Equipment. “Equipment” means any equipment, vehicles, or other property
owned by a Party that has a replacement value of under $500,000 as determined
by the Party who owns the equipment.
(d) HCEM. “HCEM” means Hennepin County Emergency Management or its
designee.
(e) Party and Parties. “Party” means an Eligible Party that elects to participate in this
Agreement by the authorization of its governing body. “Parties” means more than
one Party to this Agreement.
(f) Requesting Official. “Requesting Official” means a person who is designated by
the Requesting Party to request the loan of one or more pieces of Equipment from
another Party.
(g) Requesting Party. “Requesting Party” means a Party that requests to loan one or
more pieces of Equipment from a Sending Party.
(h) Sending Official. “Sending Official” means a person who is designated by a Party
to determine whether and to what extent that Party should loan one or more
pieces of its Equipment to a Requesting Party.
(i) Sending Party. “Sending Party” means a Party that loans one or more pieces of
Equipment to a Requesting Party.
2. Designate Officials. The governing body of each Party shall designate one or more
employees or elected officials to serve as a Requesting Official that is authorized to
request Equipment from another Party. The governing body of each Party shall also
designate one or more employees or elected officials to serve as a Sending Official that
is authorized to loan Equipment to another Party. Each Party shall provide the names
and contact information regarding its designated Requesting Official and Sending
Official to HCEM.
3. Requesting Equipment. Whenever, in the opinion of a Requesting Official of a Party,
there is a need for Equipment from another Party, such Requesting Official may, at his
or her discretion, call upon the Sending Official of any other Party to furnish the
requested Equipment. The Parties understand that this Agreement is limited to
Equipment that has a replacement value of under $500,000 as determined by the Party
that owns the Equipment. Any piece of Equipment that has a replacement value of
$500,000 or greater may not be loaned or borrowed pursuant to this Agreement. The
Sending Party has the sole discretion of determining whether to loan the requested
Equipment to the Requesting Party and shall in no way be held liable for denying a
request.
4. Fees. The Requesting Official and the Sending Official shall mutually agree on whether
a fee shall be charged for use of the Equipment. The Requesting Official and the
Sending Official may determine that no fee will be charged. If a fee is to be charged, the
amount of the fee must be documented in writing and mutually agreed upon before any
Equipment is loaned. Such writing may be by email or any other written form. If a fee is
3
535476v4 TJG CR225-431
charged, the Sending Party shall submit an invoice to the Receiving Party within 30
days after the Equipment is returned to the Sending Party. The Receiving Party shall
pay the invoice within 30 days after receipt of the invoice.
5. Loan Period. Prior to sending the Equipment, the Requesting Official and the Sending
Official shall agree on the length of the period during which the Requesting Party may
use the Equipment. The Requesting Official and the Sending Official may agree to
modify the loan period.
6. Recalling Equipment. Whenever a Sending Party has provided one or more pieces of
Equipment to a Requesting Party, the Sending Official may at any time, regardless of
the agreed upon loan period, recall any of the Equipment it loaned if the Sending Official
determines, in his or her best judgment, such recall is necessary to provide for the best
interests of the Sending Party’s community. Such action shall not result in liability to any
Party and each Party hereby waives all claims against another Party for recalling any
Equipment.
7. Requesting Party’s Responsibilities. A Requesting Party that receives one or more
pieces of Equipment from a Sending Party shall, during the entire period in which the
Requesting Party has possession of the Equipment, be responsible for each of the
following:
(a) Transporting. Transporting the Equipment to and from the Sending Party’s
location;
(b) Examining the Equipment. Examining the Equipment upon receipt to determine
its suitability for the Requesting Party’s intended use;
(c) Trained Operators. Ensuring that only properly trained and licensed personnel
are allowed to operate the Equipment;
(d) Routine Maintenance. Conducting any routine maintenance required to operate
the Equipment. Routine maintenance includes, but is not limited to, supplying
fuel, lubricants, fluids, repairing flat tires, and other items that are typically
incidental to the use of the Equipment;
(e) Liability and Equipment Insurance. Maintaining liability, property, automobile, and
such other insurance coverages as may be needed to cover its operation of the
Equipment. The Requesting Party’s coverage shall be primary and non-
contributory to any other coverage available to the Sending Party. The
Requesting Party shall also be entitled to maintain a program of self-insurance.
The Sending Party may require proof of insurance coverage from the Requesting
Party before agreeing to loan its Equipment;
(f) Workers’ Compensation. Injuries to or death of its own personnel while using the
Equipment. The Requesting Party shall maintain workers’ compensation
insurance or self-insurance covering its own personnel while they are using the
Equipment. The Requesting Party waives the right to sue the Sending Party for
any workers’ compensation benefits paid to its own personnel or their
4
535476v4 TJG CR225-431
dependents, even if the injuries were caused wholly or partially by the negligence
of the Sending Party or its officers, employees, volunteers, or agents;
(g) Damages. Damages to or loss of the Equipment. At a minimum, the Requesting
Party shall be obligated to either repair the Equipment or pay the mutually agreed
upon actual cash value of the Equipment. The Sending Party shall be entitled to
receive any insurance or coverage proceeds received by the Requesting Party
that are in excess of the Equipment’s actual cash value;
(h) Storing. Storing the Equipment in a safe and secure place; and
(i) Returning. Returning the Equipment to the Sending Party at the end of the
agreed upon loan period or earlier if recalled by the Sending Party. The
Equipment shall be returned in at least the same condition it was in when
received, except normal wear and tear. Any Equipment using fuel or other fluids
must be returned with at least the same level of fuel and fluids that the Equipment
had when received by the Requesting Party.
8. Indemnification. To the fullest extent permitted by law, the Requesting Party agrees to
defend, indemnify, and hold the Sending Party harmless against any claims brought or
actions filed against the Sending Party or any officer, employee or agent of the Sending
Party for injury to, death of, or damage to the property of any third person or persons,
arising from the Requesting Party’s use of the Equipment or the Requesting Party’s
failure to perform its obligations under this Agreement. The Requesting Party is not
required to indemnify the Sending Party for claims arising from the Sending Party’s own
negligence or misconduct. Under no circumstances shall a Party be required to pay on
behalf of itself and the other Party any amounts in excess of the limits on liability
established in Minnesota Statutes, Chapter 466 applicable to any one Party.
9. Liability. To the fullest extent permitted by law, action by the Parties to this Agreement
are intended to be and shall be construed as a “cooperative activity” and it is the intent
of the Parties that they shall be deemed a “single governmental unit” for the purposes of
liability, as set forth in Minnesota Statutes, section 471.59, subd. 1a(a), provide further
that for purposes of that statute, each Party to this Agreement expressly declines
responsibility for the acts or omissions of another Party, except to the extent necessary
to give effect to the indemnification provision in this Agreement.
10. Governing Law. This Agreement shall be governed by and interpreted in accordance
with the laws of the State of Minnesota.
11. Waiver. The waiver by either the Requesting Party or the Sending Party of any breach
or failure to comply with any provision of this Agreement by the other party shall not be
construed as, or constitute a continuing waiver of such provision or a waiver of any other
breach of or failure to comply with any other provision of this Agreement.
12. Entire Agreement. This document, including the recitals and the documents expressly
incorporated herein by reference, constitutes the entire agreement between the Parties
regarding the lending and borrowing of Equipment. This Agreement is an extension of
the Public Works Joint Powers Mutual Aid Agreement, which is incorporated herein. To
5
535476v4 TJG CR225-431
the extent there are any inconsistencies between the documents, the provisions of this
Agreement shall be controlling with respect the lending and borrowing of Equipment by
the Parties.
13. Counterparts. This Agreement may be executed in counterparts, each of which shall
be an original, all of which shall constitute but one and the same instrument.
14. Savings Clause. If any court of competent jurisdiction finds any portion of this
Agreement to be contrary to law or invalid, the remainder of the Agreement will remain
in full force and effect.
15. Withdrawal. Any Party may withdraw from this Agreement by action of its governing
body. The withdrawing Party shall send written notification of its withdrawal to HCEM.
Any Party who withdraws from the Public Works Joint Powers Mutual Aid Agreement
shall, as of the effective date of such withdrawal, be deemed to have also withdrawn
from this Agreement.
16. Effective Date and Termination. This Agreement is effective on the date at least two
Parties sign this Agreement. This Agreement will become effective as to additional
Parties on the date executed by each such additional Party. This Agreement shall
continue until terminated. This Agreement shall be deemed terminated if the Public
Works Joint Powers Mutual Aid Agreement is terminated according to its terms, or if the
number of Parties to this Agreement falls below 11. HCEM will notify the remaining
Parties if this Agreement is terminated.
17. No Third Party Rights. This Agreement is solely for the benefit of the Parties. This
Agreement shall not create or establish any rights in or for the benefit of any third party.
IN WITNESS WHEREOF, the Parties, by action of their respective governing bodies,
caused this Agreement to be approved on the date below.
___________________________________
GOVERNMENTAL UNIT
Dated: ______________________________
BY:
Its ___________________________
AND:________________________________
Its ____________________________
AGENDA SECTION:PUBLIC HEARINGS
AGENDA ITEM #6.
STAFF RE P ORT NO. 55
CIT Y COUNCIL ME E T ING
4/28/2020
RE P O RT P RE PA RE D B Y: Matt B rillhart, A ssociate P lanner
D E PA RTME NT D IRE C TO R RE V IE W: John S tark, C ommunity D evelopment D irector
4/22/2020
O THE R D E PA RTM E NT RE V IE W:
C ITY MA NA G E R RE V IE W: K atie Rodriguez
4/22/2020
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Public hearing and consider a resolution approving a final plat of the R F64 Townhomes Addition,
related to the completion of a portion of the R F64 development at 65th Street and 16th Avenue.
E X E C UT IV E S UM M ARY:
Development plans for the RF64 project (previously known as "Cedar Point I I ") were first approved by the
City Council in September 2018 and amended in December 2019. The project consists of two apartment
buildings on Richfield Parkway and 64 townhomes (16 townhome buildings of 4 units each) along 16th
Avenue. The first two townhome buildings (8 units) are currently under construction in the southwest corner of
the project site, at 16th Avenue and 65th Street. The proposed final plat will subdivide the property into 8
townhome lots and various outlots for common areas. I t is anticipated that a final plat for the remainder of the
development will come before the Council later this year, as those phases begin construction.
The proposed plat has been reviewed by the City Attorney's office and Richfield Public W orks. All comments
have been addressed or included as stipulations in the resolution. W hile a public hearing is required by State
Statute, the plat is a technical document dealing with the combination or division of land, and is not a
reconsideration of land use approvals for the development. The proposed plat meets requirements and
therefore staff recommends approval of the attached resolution.
RE C O M M E ND E D AC T I O N:
Conduct and close a public hearing and by motion: Adopt a resolution approving a final plat of the
R F64 Townhome s Addition.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
Development Plans for RF64 were approved by the City Council on September 25, 2018 and
amended on December 10, 2019. These approvals require the applicant to re-plat the properties
prior to issuance of Certificates of Occupancy.
The City Council approved a preliminary plat for the entire development on December 11, 2018. I t
is anticipated that a final plat for the remainder of the development will come before the Council
later this year, as those phases begin construction.
More information on the RF64 project is available at www.richfieldmn.gov/rf64
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
All plats or subdivisions of land must be approved by City Council resolution, pursuant to the provisions
of Minnesota State Statutes 462.357.
C.C R IT IC AL T IMIN G IS S U E S:
Per State Statute, the City has 120 days from the date of submittal of a complete application to
issue a decision regarding a plat unless the applicant agrees to an extension.
A complete application was received on March 6, 2020. The Council must render a decision by
J uly 4, 2020.
D.F IN AN C IAL IMPAC T:
None
E.L E GAL C ON S ID E R AT ION:
Notice of this public hearing was published in the Sun Current newspaper on April 16, 2020. No
comments have been received.
ALTE R N AT IV E R E C O MME N D ATIO N(S):
None
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
Representative(s) of NHH Companies, LLC
AT TAC H ME N T S:
D escription Type
Resolution Resolution L etter
P lat E xhibit
C ontext map B ackup Material
RESOLUTION NO.
RESOLUTION GRANTING APPROVAL
OF A FINAL PLAT FOR RF64 TOWNHOMES
WHEREAS, Cedar Point Investments, LLC (“Applicant”) has requested approval
of a final plat that combines and resubdivides land generally located at the northeast
corner of 65th Street East and 16th Avenue South, on land that is legally described in
the attached Exhibit A; and
WHEREAS, the proposed subdivision is to be known as RF64 TOWNHOMES;
and
WHEREAS, a public hearing was held on the proposed plat of RF64
TOWNHOMES on Tuesday, April 28, 2020 at which all interested persons were given
the opportunity to be heard; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, as follows:
1. The proposed plat of RF64 TOWNHOMES satisfies the requirements of the
City’s subdivision ordinances.
2. Final approval of the plat of RF64 TOWNHOMES is granted with the following
conditions:
a. The applicant must address to the City Attorney’s satisfaction all items
listed in the plat opinion letter prepared by the City Attorney’s office.
b. The applicant must address any outstanding comments by the City’s
Public Works Department regarding easements for drainage and utility
purposes.
c. The Applicant must submit two mylar copies of the plat for signature by
the City.
d. The Applicant must file the final plat with the Hennepin County
Recorder or Registrar of Titles within 60 days of the approval of this
resolution.
Adopted by the City Council of the City of Richfield, Minnesota this 28th day of
April, 2020.
Maria Regan Gonzalez, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
EXHIBIT A
CURRENT LEGAL DESRCRIPTION
Lots 7 and 8, Block 2, IVERSON'S SECOND ADDITION, Hennepin County, Minnesota
N89°50'10"E 133.56S89°50'08"W 133.43S89°48'54"E 118.21N89°48'54"W 114.48S89°48'54"E 114.4720.00
20.00
31.94
30.88
26.54
24.6147.53 30.5524.5724.5734.7834.7734.7724.5724.5724.5724.5734.3030.5748.22 50.9034.7824.5724.5730.51N00°11'06"E 50.90N00°11'06"E 50.90
S00°11'06"W 50.90
N00°11'06"E 48.01S00°11'06"W 47.86
S00°11'06"W 47.71 OUTLOT BOUTLOT A34211234S00°14'02"W 150.00
N00°14'02"E 92.14
N08°13'32
"
E
5
8
.
4
8 122.6910.8719.00S00°14'02"W 150.00
N00°11'06"E 150.00
12OUTLOT CDrainage & Utility Easement Over All of Outlot AFound 1/2 InchIron Pipe RLS13057Found 1/2 InchPinched IronPipeDrainage & Utility Easement Over All of Outlot C
Westerly Line of Block 2,"IVERSON'S SECOND ADDITION"C.R. DOC. NORF64 TOWNHOMESKNOW ALL PERSONS BY THESE PRESENTS: That Cedar Point Investments, LLC, a Minnesota limited liability company, fee owner of the following described property situated in theState of Minnesota, County of Hennepin, to wit:Lots 7 and 8, Block 2, "IVERSON'S SECOND ADDITION"Has caused the same to be surveyed and platted as RF64 TOWNHOMES and dedicate to the public for public use the easements for drainage and utility purposes as created by this plat.In witness whereof said Cedar Point Investments, LLC, a Minnesota limited liability company, has caused these presents to be signed by its proper officerthisday of ,20.Signed: Cedar Point Investments, LLCBy:, Its: STATE OF ,COUNTY OFThis instrument was acknowledged before me thisday of , 20,by , its of Cedar Point Investments, LLC, a Minnesota limited liability company, on behalf of the company. Notary Signature Notary Printed NameMy Commission Expires: Notary Public County, SURVEYORS CERTIFICATEI Rory L. Synstelien do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that thisplat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have beenor will be set within one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown andlabeled on this plat; and all public ways are shown and labeled on this plat.Dated thisday of , 20.Rory L. Synstelien, Licensed Land SurveyorMinnesota License No. 44565STATE OF MINNESOTA,COUNTY OFThis instrument was acknowledged before me thisday of , 20, by Rory L. Synstelien. Notary Signature Notary Printed NameMy Commission Expires: Notary Public County, CITY COUNCIL, CITY OF RICHFIELD, MINNESOTAThis plat of RF64 TOWNHOMES was approved and accepted by the City Council of the City of Richfield, Minnesota at a regular meeting heldthis day of , 20, and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Sub. 2.City Council, City of Richfield, Minnesotaby , Mayor by , ManagerRESIDENT AND REAL ESTATE SERVICES, Hennepin County, MinnesotaI hereby certify that taxes payable in 20and prior years have been paid for land described on this platdated this day of , 20.Mark V. Chapin, County Auditor By:DeputySURVEY DIVISION, Hennepin County, MinnesotaPursuant to Minnesota Statutes Section 383B.565 (1969), this plat has been approvedthisday of , 20.Chris F. Mavis, County Surveyor By: COUNTY RECORDER, Hennepin County, MinnesotaI hereby certify that the within plat of RF64 TOWNHOMES was recorded in this officethis day of , 20, at o'clock . m.Martin McCormick, County RecorderBy: DeputyN40102001020SCALE IN FEETBearings are based on the West line of Block 2,"IVERSONS SECOND ADDITION" having anassumed bearing of N 00°11'06" EFound Iron Monument (See Map for Type) 1/2 inch by 14 Iron Monument Set Marked "RLS 44565"
16TH AVE SRICHFIELD PKWYBLOOMINGTON AVE65TH ST E
64TH ST E
63RD ST E
63RD ST E
RF64 Development Site Context
¯
Legend
parpincurrent_Zoning_LU_CP
Addroute
RF64 Development Site
FINAL PLAT AREA
AGENDA SECTION:PROPOSED
ORDINANCES
AGENDA ITEM #7.
STAFF RE P ORT NO. 56
CIT Y COUNCIL ME E T ING
4/28/2020
RE P O RT P RE PA RE D B Y: Julie Urban, Housing and Redevelopment Manager
D E PA RTME NT D IRE C TO R RE V IE W: John S tark, C ommunity D evelopment D irector
4/22/2020
O THE R D E PA RTM E NT RE V IE W:
C ITY MA NA G E R RE V IE W: K atie Rodriguez
4/22/2020
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consider the adoption of an emergency ordinance to provide emergency rental assistance that will
provide temporary relief for households in the City experiencing financial hardship due to the C O V ID-
19 crisis.
E X E C UT IV E S UM M ARY:
The C OV I D-19 crisis (Crisis) is having a negative economic impact on Richfield residents. J ob losses and
reduction in income create food insecurity and housing instability, especially for low-income households. T he
City annually provides funding to Volunteers Enlisted to Assist People (VEAP) to provide emergency
rent and food assistance to Richfield households earning less than 200% of the federal poverty
guidelines, and VEAP has seen a significant increase in requests for assistance for both food and
rent since the State's Stay at Home order was enacted.
In response to this increased need, the Housing and Redevelopment Authority (H R A) approved an
Agreement with VE AP on April 20, 2020, providing $30,000 in funding to expand its emergency
rental assistance program to low-income renters financially impacted by the Crisis.
In order to authorize this rental assistance, the HRA and City Attorneys recommend that the City
pass an emergency ordinance creating an Affordable Housing Trust Fund (Trust Fund). Rent
assistance is an explicitly listed activity authorized in the Affordable Housing Trust Fund statute. T he
H R A would be the administrator of the Trust Fund and contribute funding from its Capital
Improvement Fund. VEAP would then be provided funds from the Trust Fund for emergency rental
assistance.
VEAP anticipates that the need for rental assistance due to the Crisis is likely to extend for several
more months, which would require additional funding. T he best way to provide additional funding, if
needed, would be to create a permanent Affordable Housing Trust Fund through the regular City
ordinance process. Work on this ordinance is underway, and the item will likely come before the
Council for further consideration in May or June.
RE C O M M E ND E D AC T I O N:
By motion:
1. Approve an emergency ordinance creating an Affordable Housing Trust Fund to
provide emerge ncy rental assistance for low-income Richfie ld renters impacted by the
C OV I D-19 crisis.
2. Adopt a re solution authorizing summary publication of said ordinance .
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
Volunteers Enlisted to Assist People (VE AP) serves low-income families, children,
seniors, and individuals at serious risk of hunger and homelessness. Serving the South
Hennepin County communities of Bloomington, Richfield, Edina, and South Minneapolis,
V E A P offers immediate and caring support through access to healthy foods, stable housing, and
financial support and assistance. The City provides human services funds annually to V E A P to
provide assistance to Richfield households earning up to 200% of the federal poverty level. V E A P
is seeing a significant increase in the need for food and housing assistance and is seeking
additional funding in order to help Richfield residents.
On April 20, 2020, the HRA approved a Professional Services Agreement with V E A P to provide
emergency rental assistance to low-income renters impacted by the Crisis. The Agreement is
contingent upon City Council approval of an emergency ordinance authorizing the creation of an
Affordable Housing Trust Fund.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
Providing emergency rental assistance during the Crisis helps to ensure housing stability.
The Affordable Housing Trust Fund statute, passed into law in 2017, provides clear authority to a
City to provide rental assistance.
C.C R IT IC AL T IMIN G IS S U E S:
I n order to provide funding to V E A P to meet immediate needs, the City Council is being asked to
pass an emergency ordinance authorizing the use of funds for rent assistance due to the impacts
of C OV I D-19.
The need for funding is immediate. V E A P has experienced a significant increase in the number
of calls for service since the Crisis began. V E A P spent all of its April housing assistance budget
by the end of the first week of the month and is currently not able to help Richfield residents with
rent assistance.
Anticipating the need for funding beyond $30,000, the HRA Attorney is recommending that the
City create a permanent Affordable Housing Trust Fund through the regular ordinance process.
Consideration of such an ordinance will likely be scheduled for Council consideration in May or
J une.
V E A P anticipates another surge in demand once the eviction moratorium is lifted. W hile there is
currently a moratorium on evictions, rent will eventually be due and payable. We have heard from
several landlords who are willing to work out payment plans for residents, but it will still be difficult
for people to meet these financial obligations and for landlords to make their own mortgage
payments absent rent payments.
D.F IN AN C IAL IMPAC T:
The HRA's Capital I mprovement Fund would provide the initial funding for the Housing Trust
Fund.
The HRA approved $30,000 in emergency rental assistance to be distributed by V E A P.
E.L E GAL C ON S ID E R AT ION:
T he HRA and City Attorneys recommend that the City pass an emergency ordinance
authorizing the creation of an Affordable Housing Trust Fund to provide immediate
emergency rent assistance to renters impacted by the Crisis.
T he HRA and City Attorneys also recommend that the City create a permanent Affordable
Housing Trust Fund through the regular City ordinance process to authorize the
expenditure of any future rental assistance.
Adoption of an Emergency Ordinance requires a unanimous vote.
T he Emergency Ordinance will become effective immediately upon adoption.
ALTE R N AT IV E R E C O MME N D ATIO N(S):
Decide not to approve the Emergency Ordinance.
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
N/A
AT TAC H ME N T S:
D escription Type
Ordinance Ordinance
Resolution for S ummary P ublication Resolution L etter
V E A P Response to C O V ID -19 C risis B ackup Material
BILL NO. _____
AN EMERGENCY ORDINANCE ESTABLISHING AN AFFORDABLE
HOUSING TRUST FUND IN ORDER TO PROVIDE EMERGENCY
RENTAL ASSISTANCE WITHIN THE CITY OF RICHFIELD
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Preamble.
1.01. The spread of COVID-19 in the United States and Minnesota has raised serious
public health concerns and resulted in a great deal of uncertainty. Much remains
unknown about the virus and how it spreads.
1.02. On March 11, 2020, the World Health Organization determined that the
COVID-19 outbreak constitutes a pandemic. On March 13, 2020, President Trump
declared a national state of emergency as a result of the pandemic.
1.03. On March 13, 2020, Governor Tim Walz issued Emergency Executive Order
20-01 declaring a state of peacetime emergency to address the COVID-19 pandemic in
Minnesota. The Governor’s Executive Order triggered activation of the City’s
emergency management plan and enabled the City to exercise its emergency powers.
The Governor has subsequently issued additional Executive Orders to combat the
impacts of COVID-19 within the State of Minnesota, which include closures of schools,
bars, restaurants, and other places of public accommodation, and directing
Minnesotans to stay at home (with exceptions for obtaining necessary supplies,
healthcare and similar needs) unless they are engaged in critical sector work.
1.04. On March 16, 2020, the Mayor of the City issued Declaration 2020-01, declaring
a local emergency. On March 18, 2020, the City Council of the City approved
Resolution No. 2020-11728 consenting to the Mayor’s declaration and formally
authorizing the City to implement its Emergency Operations Plan and Pandemic
Response Plan. These plans provide the basic strategy of the City to mobilize
resources, conduct activities to guide and support local emergency management efforts,
and authorize city staff to take actions deemed necessary to protect the public health
and safety.
1.05. In order to provide emergency rental housing assistance that will provide temporary
relief for households in the City that are experiencing financial hardship due to COVID-19
and will allow them to remain in their homes, the City has determined to create an
Affordable Housing Trust Fund to assist residents who cannot pay their rent due to the
impact of the Governor’s Emergency Executive Orders.
Section 2. Definitions.
2.01. “Persons of very low income”- means families and individuals whose incomes
do not exceed 50 percent of area median income, as median income was most
recently determined by the United States Department of Housing and Urban
Development for the Minneapolis-St. Paul-Bloomington, Minnesota Metropolitan
Statistical Area, as adjusted for smaller and larger families.
Bill No. _____ Page 2
2.02. “Persons of low income” means families and individuals whose incomes do
not exceed 80 percent of the area median income, as median income was most
recently determined by the United States Department of Housing and Urban
Development for the Minneapolis-St. Paul-Bloomington, Minnesota Metropolitan
Statistical Area, as adjusted for smaller and larger families.
2.03. “Persons of moderate income” means families and individuals whose incomes
exceed 80 percent, but do not exceed 120 percent, of area median income, as median
income was most recently determined by the United States Department of Housing and
Urban Development for the Minneapolis-St. Paul-Bloomington, Minnesota-Wisconsin
Metropolitan Statistical Area, as adjusted for smaller and larger families.
Section 3. Establishing Affordable Housing Trust Fund.
3.01. Pursuant to the authority granted to the City under Minnesota Statutes,
Section 462C.16, an affordable housing trust fund is established to provide rental
assistance to persons of very low, low, and moderate income.
Section 4. Funding Sources.
4.01. The Affordable Housing Trust Fund shall be initially funded with funds from the
Capital Improvement Fund of the Housing and Redevelopment Authority in and for the
City of Richfield (the “HRA”). The City Council or the HRA may also pledge other
sources of funding, which may include, but are not limited to:
(a) Private cash donations from individuals and corporations designated for
the Affordable Housing Trust Fund.
(b) Payments in lieu of participation in current or future affordable housing
programs.
(c) Matching funds from a federal or state affordable housing trust fund or a
state program designated to fund an affordable housing trust fund.
(d) The sale of real and personal property.
(e) Local government appropriations, development fees and other funds as
designated from time to time by the city council.
(f) Housing and Redevelopment levy funds.
Bill No. _____ Page 3
Section 5. Purpose of Affordable Housing Trust Fund.
5.01. The City may use money from the Affordable Housing Trust Fund to provide
tenant and project based rental assistance to residents of the City that are unable to pay
their rent due to the impact of COVID-19.
Section 6. Administration of Affordable Housing Trust Fund.
6.01 The Housing and Redevelopment Authority in and for the City of Richfield,
Minnesota (the “Authority”) shall administer the Affordable Housing Trust Fund on
behalf of the City.
6.02. The Authority shall report annually to the City on the use of the Affordable
Housing Trust Fund account including the number and types of households for which
rental assistance payments were provided.
Section 7. Council Action.
7.01. The City Council of the City of Richfield hereby ordains the implementation of the
Affordable Housing Trust Fund.
7.02. This Emergency Ordinance shall be effective immediately upon its adoption and
shall be automatically repealed upon the City Council rescinding its declaration of a
local emergency set forth in Resolution No. 2020-11728.
Adopted by the City Council of the City of Richfield, Minnesota, on April 28, 2020.
Maria Regan Gonzalez, Mayor
Attest:
Beth Vanhoose, City Clerk
Action on this ordinance:
Date of introduction: April 28, 2020
Date of adoption:
Motion for adoption:
Seconded by:
Voted in favor of:
Voted against:
Bill No. _____ Page 4
Abstained:
Absent:
Ordinance adopted.
Date of publication:
I hereby certify that the foregoing is a true and correct copy of an ordinance adopted by
the City Council of the City of Richfield, Minnesota, at a meeting held on April 20, 2020.
Beth Vanhoose, City Clerk
RESOLUTION NO. _____
RESOLUTION APPROVING SUMMARY PUBLICATION
OF AN EMERGENCY ORDINANCE ESTABLISHING AN AFFORDABLE HOUSING
TRUST FUND
WHEREAS, the City has adopted the above-referenced amendment of the Richfield
City Code; and
WHEREAS, the verbatim text of the amendment is cumbersome, and the expense
of publication of the complete text is not justified.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield
that the following summary is hereby approved for official publication:
SUMMARY PUBLICATION
BILL NO. ________
AN EMERGENCY ORDINANCE ESTABLISHING AN AFFORDABLE HOUSING TRUST
FUND
This summary of the ordinance is published pursuant to Section 3.12 of the
Richfield City Charter.
This emergency ordinance establishes an affordable housing trust fund in order to
provide emergency rental housing assistance that will provide temporary relief to low-
income households that are experiencing financial hardship due to COVID-19 and will
allow them to remain in their homes.
Copies of the ordinance are available for public inspection in the City Clerk’s office
during normal business hours or upon request by calling the Department of Community
Development at (612) 861-9760.
Adopted by the City Council of the City of Richfield, Minnesota this 28th day of April,
2020.
Maria Regan Gonzalez, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
Executive Summary
Volunteers Enlisted to Assist People (VEAP), serves low-income families, children, seniors, and
individuals at serious risk of hunger and homelessness. Serving the South Hennepin County communities
of Bloomington, Richfield, Edina, and South Minneapolis, VEAP offers immediate and caring support
through access to healthy foods, stable housing, and financial support and assistance.
VEAP believes that helping a neighbor in need strengthens the social and economic fabric of our
community. Our mission: Together we create pathways to stronger, more hopeful, communities
through access to healthy foods, housing stability and supportive services. VEAP strives to increase
overall stability, hope, and potential for future success for all members of our community.
Need and Target Group
Our community and our nation have seen unprecedented financial crisis surrounding the Coronavirus
pandemic. Due to restrictions in place around COVID19 and social distancing recommendations, many
businesses, stores, restaurants, and more have all been forced to shut down, and families in Minnesota
are facing extremely uncertain times. In the past two weeks, thousands of Minnesotans lost their jobs,
with the Minnesota Department of Employment and Economic Development (DEED) reporting over
300,000 new applications for unemployment – placing many families in immediate financial distress, and
that number continues to grow. Many of these families live, work, and go to school in Richfield. Over
85% of these new applicants have never been on unemployment and are finding themselves navigating
unknown terrain for resources to help pay for rent, food, and basic needs – things they never expected
to need help with.
Fortunately, an eviction freeze is in place for now, however Richfield tenants will still owe unpaid past
due rent and it will be difficult to reestablish financial security after such a substantial loss in income to
so many. We are anticipating over the next several months, Richfield families will need increased
assistance to put food on the table and maintain housing stability. Minnesota’s housing experts are
estimating that this crisis could potentially set families back several months – meaning help with rent,
basic necessities, and food for a minimum of up to six months after restrictions have been lifted will be
critical.
Current Eligibility Requirements
Average rents in Richfield range from $1,150 to $1,350 for a two-bedroom. Under VEAP’s current
financial assistance model, minimum monthly rent guidelines deem families paying higher than market
rent as ineligible and we only have the funds available to help households with up to two months of
rent, at a maximum. Current eligibility guidelines also require anyone seeking rent assistance needs to
be below 200% federal poverty guidelines for the last 30 days, meaning very low income. Each
household’s rental situation also needs to have a certain level of resolvability.
VEAP’s Social Services team screens households through a variety of assessments, including verifying
income and speaking with landlords to provide individualized case management. VEAP staff speaks with
landlords to verify residence and assure they are only a month or two behind on rent, and/or are able to
come to a reasonable payment arrangement within three months.
VEAP page 2
Proposed Eligibility Requirements and Model Changes
If provided with emergency COVID19 supplemental funding, VEAP would be able to provide
considerably more financial assistance to Richfield households in need, ensuring families stay secure in
their homes. In order to meet the needs of more families in Richfield, VEAP proposes the following
changes to our current model:
• Temporarily lift eligibility guidelines to allow for more households to qualify for financial
assistance.
• Allow for longer rental resolvability timeline of up to six months (versus the current two-month
timeline), as more families seek help from loss of income.
• Increase minimum monthly rent guidelines to assist more households who live in higher priced
rentals who normally would be ineligible.
• Increase the number of households that we are able to help.
• Provide more food and basic necessities to Richfield residents to help offset household expenses
and alleviate the need to use money intended for rent to feed their families. (As of April 1, 2020,
we have doubled the number of visits that households can make to the food pantry and are
constantly adapting, as the need increases).
• Disburse emergency financial assistance to residents for help with transportation (gas cards, bus
cards, car repair) and childcare to help with job search as households get back on their feet
financially.
• Continue to serve all eligible households regardless of immigration status.
In 2019, VEAP distributed 4.3 million pounds of food, half of which was fresh fruits and vegetables. VEAP
provided access to healthy foods and housing stability to 7,252 unduplicated Richfield residents for a
total of 44,445 visits. There is already an increasing need for help in Richfield. With the loss of so many
jobs in our community, the increase in Richfield individuals and families needing our help will be
exponential.
Request
VEAP is respectfully requesting funding to provide housing stability, financial assistance, and food
security to Richfield residents. With this funding, additional families will receive rental assistance for
three-plus months and hundreds more housholds will be provided with healthy food and basic needs
assistance, alleviating some of their financial burden by allowing money intended for groceries to be
used towards rent. Thank you for consideration of VEAP’s request.
Sincerely,
Kari Thompson
Advancement Director
karit@veap.org
AGENDA SECTION:OTHER BUSINESS
AGENDA ITEM #8.
STAFF RE P ORT NO. 57
CIT Y COUNCIL ME E T ING
4/28/2020
RE P O RT P RE PA RE D B Y: C hris Regis, F inance D irector
D E PA RTME NT D IRE C TO R RE V IE W: C hris Regis, F inance D irector
O THE R D E PA RTM E NT RE V IE W: N/A .
C ITY MA NA G E R RE V IE W: K atie Rodriguez
4/22/2020
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consider accepting the pricing committee's recommendation for the sale of $5,375,000 General
Obligation Bonds, Series 2020A.
E X E C UT IV E S UM M ARY:
At the March 10, 2020 City Council meeting, the City Council approved a resolution providing for the sale of
the $5,375,000 General Obligation Bonds, Series 2020A.
However, subsequent to the March 10, 2020 meeting, and due to the spread of the Covid-19 pandemic
worldwide, the financial markets fluctuated dramatically. Accordingly, the interest cost for the issuance of the
bonds also fluctuated, potentially increasing the cost of the bonds from the March 10, 2020 levels.
As a result, and in order to provide flexibility for the sale of the 2020A bonds for the City, staff brought before
the City Council a parameters resolution at the April 14, 2020 City Council meeting for approval.
The parameters resolution will establish parameters on what the City Council will approve with the fluctuating
market conditions as well as the ability to move the sale date if market conditions do not look favorable on the
anticipated sale date of April 28. I n addition the parameters resolution established a pricing committee with
respect to the 2020A bonds that will comprise the Mayor, City Manager, Finance Director, and the City’s
Municipal Advisor. The pricing committee is responsible with selecting the best proposal and awarding the
sale to the respective bidder.
The Series 2020A bonds will accomplish the following:
Provide the second phase of funding for the Lyndale Avenue reconstruction project with a $3,120,000 par
bond. Debt service for this portion of the bond issue will be provided by an estimated annual debt service tax
levy of $201,511. The estimated increase in taxes for a residential property valued at $225,000 is $12.42.
Provide funding for the 65th Street Water Main lining in preparation for future reconstruction of 65th Street
with a $1,235,000 par bond. Debt service for this portion of the bond issue will be provided by water
revenues.
Refund the $1,480,000 Water Revenue Bonds, Series 2011A, with $1,025,000 par bond. The refunding of
the Series 2011A bonds with the Series 2020A refunding will provide estimated interest savings of $132,260
over the remaining life of the bonds. Debt service on the new bond will continue to be water revenue bonds.
Bids on the 2020A General Obligation Bonds are due in the offices of Ehlers and Associates, I nc. on
Tuesday April 28, 2020. I f the proposals received are within the established parameters, the pricing
committee is authorized and directed to select the best proposal and award the sale to the respective bidder.
A representative from Ehlers and Associates, I nc. will be at the City Council meeting to provide the
successful bidder as determined by the pricing committee, review documents, and provide information that is
available only after the bidding on the bonds is closed.
I t would be appropriate for the City Council, by motion, to accept the pricing committee's recommendation in
awarding the bond sale to the qualified buyer. The anticipated closing on the 2020A Bonds is scheduled for
May 14, 2020.
RE C O M M E ND E D AC T I O N:
By Motion: Accept the recommendation of the pricing committee in awarding the sale of General
Obligation Bonds, Series 2020A, in the original aggregate principal amount of $5,375,000.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
Lyndale Avenue Project
This project was I ncluded within the City’s 5-Year Street Reconstruction Plan, adopted by the City
Council on November 12, 2019.
The City previously issued the $8,325,000 G.O. Bonds, Series 2019A for the Lyndale reconstruction
project. The 5-Year Street Reconstruction Plan called for a second bond issue to complete the funding
of the project in 2020.
This Series 2020A bond issue along with planned Municipal Street Aid dollars, utility fund transfers and
additional LGA set aside funds should complete the funding of the project.
The Lyndale Avenue project began in 2019 and should be completed in 2020.
65th Street W ater Main Lining
T his water main is one of the main feed lines to Penn water tower and the west side of
Richfield. A condition assessment was performed on this pipeline and it was found to be in need
of replacement or rehabilitation.
Lining the water main was the chosen course of action. Lining of this main will restore the pipe back to a
“like new” condition and will result in a new life for the pipe.
This technology is very cost effective and is the preferred choice for this application. This project is
intended to be completed prior to the reconstruction of 65th Street and will result in lower construction
costs for the roadway.
Series 2011A Refunding
For the refunding of the Series 2011A bonds, the City’s fiscal consultant, Ehlers & Associates, I nc.
periodically reviews the City’s outstanding bond issues to determine which issues, if any are feasible for
refunding. Upon the latest review of the outstanding City bond issues, Ehlers & Associates, I nc.
recommends undertaking a bond refunding of the Series 2011A bonds to take advantage of the low
interest rates and realize interest savings. For this refunding the interest savings is estimated to be
$132,260 over the remaining life of the bond.
The type of refunding being presented is a current refunding. I n a current refunding transaction, the
bonds being refunded will either all mature or be redeemed within 90 days or less from the date of
issuance of the refunding issue. The City would then begin to make payments on the newly issued
“refunding bonds.”
Accordingly, the Series 2020A bonds are being issued to provide funds sufficient for a current refunding
on J une 1, 2020. The par amount of the Series 2011A to be called on the call date is $990,000.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
The Ly ndale Avenue project is part of the 5-Year Street Reconstruction Plan approved by the City
Council on November 12, 2019.
The 65th Street Reconstruction project, of whic h the lining of the 65th water main is part of, is part of the
5-Year Street Reconstruction Plan approved by the City Council on November 12, 2019.
C.C R IT IC AL T IMIN G IS S U E S:
Final construction items for the Lyndale Avenue project will be completed as soon as weather permits.
Therefore, it is important to have the final financing in place.
Planned construction for the 65th Street Water Main lining is planned for the spring of 2020.
The sale of the refunding bonds at this time will allow the City to take advantage of the low interest rates
and realize interest savings.
D.F IN AN C IAL IMPAC T:
Lyndale Avenue Project
The estimated total cost of the Lyndale Avenue project is $13,020,050.
Funding for the project is to be provided by general obligation bonds, Municipal State Aid funds and
internal funding. Estimated funding and costs is as follows:
2019 General Obligation Bonds (Net of Par) $8,423 798
2020 General Obligation Bonds (Net of Par) 3,000,000
Utility Funds Transfers 300,000
Municipal State Aid 212,066
Equity Contribution 1,084,186
Total Funding $13,020,050
Street Reconstruction $10,128,128
Utility 2,891,922
Total Project Cost $13,020,050
The debt service on the bonds will be provided from an average annual debt service tax levy which is
estimated to be $201,511.
The estimated annual increase in taxes due to the issuance of these bonds for a residential property
valued at $225,000 will be approximately $12.42.
65th Street W ater Main Lining
Funding for the 65th Street Water Main lining is as follows:
2020 General Obligation Bonds (Net of Par) $1,200,000
Total Funding $1,200,000
W ater Main Lining $1,200,000
Total Project Cost $1,200,000
Series 2011A Refunding
I t is estimated that the refunding of the Series 2011A bonds with the Series 2020A bonds will yield
interest savings of $132,260 over the remaining life of the bonds.
The savings expressed in net present value benefit of the refunding is estimated to be $117,888, equal to
11.91% of the refunded principal.
The bonds are being issued for a 12-year period; this does not extend the term of the original issue. The
maturity date of the new refunding issue will be the same as the current outstanding issue.
E.L E GAL C ON S ID E R AT ION:
Legal counsel has been involved in the bond sale transactions as bond counsel to the City.
ALTE R N AT IV E R E C O MME N D ATIO N(S):
None.
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
• Rebecca Kurtz, Ehlers & Associates, I nc.