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02-22-2022 City Council AgendaREGULAR CITY COUNCIL MEETING VIRTUAL MEETING HELD VIA WEBEX FEBRUARY 22, 2022 7:00 PM INTRODUCTORY PROCEEDINGS Call to order Pledge of Allegiance 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. Individuals who wish to address the Council may call 612-861-0651 during the live meeting or email comments ahead of the meeting to kwynn@richfieldmn.gov. Approve the Minutes of the (1) City Council Work Session of February 8, 2022; (2) Regular City Council Meeting of February 8, 2022; and (3) City Council Retreat of February 10, 2022. AGENDA APPROVAL 1.Approval of the Agenda 2.Consent Calendar contains several separate items, which are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action on these items is necessary. However, any Council Member may request that an item be removed from the Consent Calendar and placed on the regular agenda for Council discussion and action. All items listed on the Consent Calendar are recommended for approval. A.Consider approval of a contract with the City of Edina to provide dispatch and public safety software service to the City of Richfield's Police and Fire Departments. Staff Report No. 26 B.Consider the rejection of all bids submitted for the Sheridan Pond Maintenance Project and direct staff to rebid the project in fall 2022. Staff Report No. 27 C.Consider adoption of a resolution authorizing the purchase of one temporary construction easement and one permanent right-of-way easement at 6501 Lyndale Ave South (L.A. Fitness) for the 65th Street Reconstruction Project. Staff Report No. 28 D.Consider the approval of a Construction and Maintenance Agreement with 6200 Penn, LLC, and LB Richfield, LLC (Lunds and Byerlys) that defines ownership and maintenance responsibilities for certain features constructed at 6200 Penn Avenue. Staff Report No. 29 3.C onsideration of items, if any, removed from C onsent C alendar P U B LIC H E AR IN G S 4.P ublic hearing and consider a resolution specifying the use of funds from the Urban Hennepin C ounty C ommunity D evelopment B lock Grant allocation for 2022 and authorizing execution of a S ubrecipient A greement with Hennepin C ounty and any required third party agreements. S taff Report No. 30 PR O P O S E D O R D IN AN C E S 5.C onsider the approval of the second reading of an ordinance amending S ections 921 and 925 of the Richfield C ity C ode to update and incorporate previous open burning, fires, and incineration restrictions. S taff Report No. 31 6.C onsider approval of a second reading of an ordinance authorizing the sale of three city-owned properties for I- 494 C orridor Vision P roject 1 and a resolution authorizing summary publication. S taff Report No. 32 R E S O L U T IO N S 7.C onsider the adoption of a resolution approving the contract with the L abor and Trades L ocal 49 for the period January 1, 2022 through D ecember 31, 2022 and authorize the C ity Manager to execute the agreement. S taff Report No. 33 8.C onsider approval of a resolution granting Municipal C onsent for MnD O T's I-494 C orridor Vision P roject 1 proposed final layout. S taff Report No. 34 O T H E R B U S IN E S S 9.C onsider the approval of funding allocations for non-profit agencies to provide social services to the residents of Richfield and authorization of the C ity Manager to execute agreements with those agencies. S taff Report No. 35 C IT Y MAN AG E R’S R E P O R T 10.C ity Manager's Report C LAIMS AN D PAYR O L LS 11.C laims and P ayroll C O U N C IL D ISC U SSIO N 12.Hats Off to Hometown Hits 13.A djournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the City Clerk at 612-861-9738. CITY COUNCIL MEETING MINUTES Richfield, Minnesota City Council Work Session Virtual via WebEx February 8, 2022 CALL TO ORDER The concurrent City Council, Planning Commission, and Community Services Commission work session was called to order by Mayor Regan Gonzalez at 5:45 p.m. virtually via WebEx Council Members Present: Maria Regan Gonzalez, Mayor; Mary Supple; Simon Trautmann; Sean Hayford Oleary; and Ben Whalen Council Members Absent: None Planning Commission Members Present: Kathryn Quam, Chair; Brett Stursa; Gordon Hanson; Brendan Kennealy; Eddie Holmvig-Johnson; and Ben Surma. Planning Commission Members Absent: James Rudolph Community Services Commission Members Present: Ben Marx; Jessica Johnson-Kreps; Kevin Wendt; and Tessa Johnson Community Services Commission Members Absent: David Benson; Stephanie Nwaudo; Meredith Bruzek; and Heather MacDonald Staff Present: Katie Rodriguez, City Manager; Kristin Asher, Public Works Director; Ben Manibog, Transportation Engineer; Joe Powers, City Engineer; Nellie Jerome, Assistant City Planner; Chris Swanson, Management Analyst; and Kari Sinning, City Clerk. Others Present: MnDOT Team Members: Karl Weissenborn, Lisa Austin, and Amber Blanchard ITEM #1 MEMBERS OF THE I-494 PROJECT TEAM WILL PRESENT AN UPDATE ON THE PROGRESS MADE TO DATE BY THE I-494: AIRPORT TO HIGHWAY 169 PROJECT 1 VISUAL QUALITYADVISORY COMMITTEE (VQAC) IN THEIR EFFORTS TO DEVELOP THE PROJECT'S VISUAL QUALITY MANUAL (VQM) WHICH WILL GUIDE AESTHETIC QUALITIES OF THE PROJECT AND THE CORRIDOR’S VISUAL ELEMENTS Council Work Session Minutes -2- February 8, 2022 Mayor Regan Gonzalez read aloud the item on the agenda and introduced City Manager Rodriguez. City Manager Rodriguez reminded council that this is an opportunity to provide feedback and to propose questions. City Manager Rodriguez introduced Public Works Director Asher who stated that this visual quality effort is throughout multiple cities and looks for community input as well. Public Works Director Asher introduced the members of the I-494 Project Team: Karl Weissenborn, SEH Architecture; Lisa Austin, MnDOT; and Amber Blanchard, MnDOT. Lisa Austin then presented an update from the Visual Quality Advisory Committee that described the phases of the project, the community outreach and feedback, the visual ideas for the retaining walls, and the future steps for the project. Council Member Hayford Oleary asked about the materials that were chosen for the retaining walls. Amber Blanchard stated that the Metro District is going to all concrete retaining walls and explained that the budget affected that decision as well. Council Member Hayford Oleary shared his frustration in the decision of the material being made for the community and also asked about tagging on the walls. Amber Blanchard stated that if the tagging is in the right of way for MnDOT, it would be their responsibility. Council Member Hayford Oleary also asked about landscaping. Lisa Austin stated that landscaping would be done at a later date but is a process of the visual aesthetics of the project. Council Member Hayford Oleary expressed the importance of keeping the community in mind that would have to live next to the concrete walls. Council Member Trautmann echoed the concerns of Council Member Hayford Oleary in the aesthetics of the retaining walls and appreciated the notion of murals being added. Planning Commission Chair Quam shared her concerns of deterioration of artwork on the retaining walls and suggested vines or plants that would be perennial. Public Works Director Asher stated that landscaping and murals would be mostly the City’s responsibility to maintain. Lisa Austin suggested mosaic murals that could be low maintenance for the city. Amber Blanchard stated that landscaping that is in MnDOT’s right of way would be maintained by MnDOT and that some plantings may be a shared cost. Council Member Hayford Oleary asked what would be put in place if the concrete noise walls were rejected. Amber Blanchard stated that black coated chain link fence would be put in place. Lisa Austin listed the current engagement for public input on the designs which included surveys, pop up events, and flyers. Council Member Whalen shared is concern for the visual aspect of the retaining walls and asked if the formed designs could be alternated so that traffic and housing could both benefit. Karl Weissenborn explained the process of the designs on the concrete and that it is possible to alternate the designs for the traffic and the community even with certain designs that are a series. Public Works Director Asher asked that if this topic could be brought up to the next Advisory Committee meeting for input from other cities. Council Member Supple asked if there were specific locations that art or landscaping would be. Lisa Austin shared that there is a homework assignment for the Visual Quality Advisory Committee that has the members pinpoint locations that there would be the needs for aesthetics and landscaping. Community Services Commissioner Surma asked about the timeline of this proposed project. Amber Blanchard stated that this plan is part of phase one of the three year project between 2023 and 2026. Public Works Director Asher stated that the next meeting would be Monday March 28 for an input session. Council Work Session Minutes -3- February 8, 2022 Mayor Regan Gonzalez echoed the comments of the other council members and commissioners and stressed the importance that this is a multigenerational project and to be mindful of those residents around the project area. ADJOURNMENT The work session was adjourned by unanimous consent at 6:39 p.m. Date Approved: February 22, 2022 Maria Regan Gonzalez Mayor Kari Sinning Katie Rodriguez City Clerk City Manager CALL TO ORDER The meeting was called to order by Mayor Regan Gonzalez at 7:00 p.m. virtually via WebEx. Council Members Present: Maria Regan Gonzalez, Mayor; Mary Supple; Simon Trautmann; Sean Hayford Oleary; and Ben Whalen Council Members Absent: None Staff Present: Katie Rodriguez, City Manager; Mary Tietjen, City Attorney; Krista Guzman, Human Resources Manager; Melissa Poehlman, Interim Community Development Director; Jane Skov, IT Manager; Kelly Wynn, Administrative Assistant; Chris Swanson, Management Analyst, and Kari Sinning, City Clerk. PLEDGE OF ALLEGIANCE Mayor Regan Gonzalez led the Pledge of Allegiance Mayor Regan Gonzalez also led a moment of silence for Jahmari Rice who was shot at the South Education Center and shared condolences with all those affected by this tragedy. OPEN FORUM Administrative Assistant Wynn reviewed the options to participate:  Participate live by calling 612-861-0651 during the open forum portion  Call prior to meeting 612-861-9711  Email prior to meeting kwynn@richfieldmn.gov Administrative Assistant Wynn read aloud an email from Rob Skezton who shared his thoughts on the use of City funds during the pandemic. APPROVAL OF MINUTES M/Whalen, S/Supple to approve the minutes of the: (1) City Council Work Session of January 25, 2022; (2) Regular City Council Meeting of January 25, 2022. CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Council Meeting Virtual via WebEx February 8, 2022 Council Meeting Minutes -2- February 8, 2022 City Clerk Sinning took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0 ITEM #1 PROCLAMATION CELEBRATING BLACK HISTORY MONTH WITH HUMAN RIGHTS COMMISSION CHAIR, WALTER BURK Mayor Regan Gonzalez introduced Human Rights Commission Chair Burk and read aloud the proclamation. Council Member Supple welcomed Chair Burk and thanked the commission for bringing the proclamation to the City. She also shared appreciation for a couple of retired teachers from Richfield Public Schools that both taught for over thirty years; Mr. Willie Falwell, who taught art at the high school and Ms. Nel Swanson who taught fifth grade. Council Member Hayford Oleary appreciated the focus on racial equality on the council and the structural policy issues that the city continues to work on and loved to see that the proclamation called out to specific individuals that have had an impact on the community. Council Member Trautmann appreciated Chair Burk’s leadership and the work that the Human Rights Commission continues to do and reminded that all the history in black history is all of our history throughout the year. Council Member Whalen thanked the commission for bringing the proclamation to council and expressed appreciation that we are focusing on equity. He stated that the history African American contributions to our community are as long as the history of discrimination and racism. He encouraged the celebration of those that have overcome discrimination and racism. Mayor Regan Gonzalez also thanked Chair Burk and the Human Rights Commission for the proclamation and shared a thought of lifting up African American stories and work in the community. She also expressed her excitement on the work that we have to do regarding racial equity. Human Rights Commission Chair Burk thanked the Council for the opportunity to present the proclamation. ITEM #2 APPROVAL OF THE AGENDA M/Trautmann, S/Whalen to approve the agenda. City Clerk Sinning took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Council Meeting Minutes -3- February 8, 2022 Hayford Oleary: AYE Whalen: AYE Motion carried 5-0 ITEM #3 CONSENT CALENDAR City Manager Rodriguez presented the consent calendar. A. First reading of a proposed Ordinance Amendment establishing regulations for Electric Vehicle chargers. (Staff Report No. 17) B. Consider a resolution approving a request for a Conditional Use Permit to allow a Class I (full service) restaurant and retail market at 2900 66th Street West, Suite 2900 (Southdale Square). (Staff Report No. 18) RESOLUTION NO. 11943 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A RESTAURANT AND RETAIL MARKET AT 2900 66TH STREET WEST SUITE 2900 C. Consider approval of a first reading of an ordinance authorizing the sale of three city- owned properties for I494 Project 1 and schedule a second reading for February 22, 2022. (Staff Report No. 19) D. First Reading of an ordinance amending zoning regulations for firearm sales, repair, and other related uses. (Staff Report No. 20) E. Consider purchase approval of a Pierce Enforcer PUC Fire Pumper for $300,000 in budget year 2022 and $523,673 in budget year 2023, totaling $823,673, from MacQueen Emergency Group, and authorize the City Manager to approve contract changes up to $175,000 without further City Council consideration. (Staff Report No. 21) M/Supple, S/Whalen to approve the consent calendar. Council Member Whalen lifted up the community development department staff continual work during this transitional period and expressed appreciation for addressing the issues instead of putting them on the back burner. Council Member Hayford Oleary expressed discontentment for item C and will hold off on comments until the second reading. He also expressed excitement for item B. City Clerk Sinning took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0 Council Meeting Minutes -4- February 8, 2022 ITEM #4 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR None. ITEM #5 CONSIDER THE APPROVAL OF THE FIRST READING OF AN ORDINANCE AMENDING SECTIONS 921 AND 925 OF THE RICHFIELD CITY CODE TO UPDATE AND INCORPORATE PREVIOUS OPEN BURNING, FIRES, AND INCINERATION RESTRICTIONS. (STAFF REPORT NO. 22) Council Member Hayford Oleary presented Staff Report 22. M/Hayford Oleary, S/Supple to approve the first reading of an ordinance amending Sections 921 and 925 of the Richfield City Code and schedule a second reading for February 22, 2022. City Clerk Sinning took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0. ITEM #6 CONSIDER THE ADOPTION OF A RESOLUTION APPROVING THE CONTRACTS WITH LAW ENFORCEMENT LABOR SERVICES (POLICE OFFICERS) AND TEAMSTERS (POLICE SERGEANTS AND POLICE LIEUTENANTS) FOR THE PERIOD JANUARY 1, 2022 THROUGH DECEMBER 31, 2023 AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENTS. (STAFF REPORT NO. 23) Council Member Supple presented Staff Report 23 and thanked the negotiations teams for both management and employees. M/Supple, S/Trautmann to adopt a resolution approving the provisions of the 2022-2023 labor agreements with LELS and Teamsters bargaining units and authorize the City Manager to execute the agreements. RESOLUTION NO. 11944 RESOLUTION APPROVING LABOR AGREEMENTS BETWEEN THE CITY OF RICHFIELD AND LAW ENFORCEMENT LABOR SERVICES (LELS #123) AND TEAMSTERS (#320) BARGAINING UNITS FOR YEARS 2022-2023 Council Member Trautmann thanked management and Police for working together to come to this agreement and also recognized our law enforcement for their responsiveness to the recent tragedy. Council Meeting Minutes -5- February 8, 2022 Mayor Regan Gonzalez also thanked staff and everyone on both sides of the bargaining table and expressed excitement to see the pilot program in the works and looks forward to the updates. Human Rights Commissioner Lee asked when the pilot program would be revisited. Human Resources Manager Guzman explained that revisions would be made as necessary and that there would be regular conversations with the union on the pilot program. City Clerk Sinning took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0. ITEM #7 CONSIDER CONFIRMATION OF THE APPOINTMENT OF SACK THONGVANH TO BE ASSISTANT CITY MANAGER FOR THE CITY OF RICHFIELD. (STAFF REPORT NO. 24) Council Member Trautmann presented Staff Report 24 and shared a comment from the City of Falcon Heights. City Manager Rodriguez stated that Mr. Thongvanh expressed his regrets for not attending the meeting as he is taking a much needed vacation. Mayor Regan Gonzalez shared her excitement for the appointment of Sack Thongvanh. M/Trautmann, S/Whalen to confirm the appointment of Sack Thongvanh as Assistant City Manager for the City of Richfield. Council Member Whalen seconded the excitement expressed for the hiring of Assistant City Manager Thongvanh. Council Member Supple welcomed and expressed excitement to work with the new assistant city manager. Council Member Trautmann commended staff on the recruitment process. City Clerk Sinning took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0. Council Meeting Minutes -6- February 8, 2022 ITEM #8 CONSIDER CONFIRMATION OF THE APPOINTMENT OF MELISSA POEHLMAN TO BE COMMUNITY DEVELOPMENT DIRECTOR FOR THE CITY OF RICHFIELD. (STAFF REPORT NO. 25) Council Member Whalen presented Staff Report 25. City Manager Rodriguez shared her excitement for this promotion. Acting Community Development Director Poehlman thanked the Council and also expressed her excitement to lead the community development team. M/Whalen, S/Hayford Oleary to confirm the appointment of Melissa Poehlman as Community Development Director for the City of Richfield. Council Member Supple welcomed Community Development Director Poehlman to the director role and expressed excitement to working with her in the future. Council Member Hayford Oleary expressed his excitement for Community Development Director Poehlman to continue to do good work for the City. Mayor Regan Gonzalez expressed her appreciation for the Community Development Department and the department’s contributions to the community. She shared her enthusiasm to work with Community Development Director Poehlman. City Clerk Sinning took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0. ITEM #9 CITY MANAGER’S REPORT City Manager Rodriguez extended condolences to the family and the community involved in the tragic events from the past week. She thanked Police Chief Henthorne and Fire Chief Dobesh and staff for their hard work and thanked our communications team. She also thanked council and especially Mayor Regan Gonzalez for her communication and outreach to community. City Manager Rodriguez also gave an update on covid and the current city mitigations and if we could possibly make changes to those mitigations in the future as cases decrease. City Manager Rodriguez also thanked council for the approval of the Assistant City Manager Sack Thongvanh and Community Development Director Poehlman. ITEM #10 CLAIMS AND PAYROLL Council Meeting Minutes -7- February 8, 2022 M/Whalen, S/Supple that the following claims and payrolls be approved: U.S. Bank 2/8/2022 A/P Checks: 303562 – 303943 $1,191,494.57 Payroll: 168050 – 168349, 43460 – 43461 $ 733,163.67 TOTAL $1,924,658.24 City Clerk Sinning took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0 ITEM #11 HATS OFF TO HOMETOWN HITS Council Member Supple offered condolences to Jahmari Rice’s family and friends and expressed gratitude for the schools and the community support surrounding this tragedy. She mentioned that residents can apply for the citizen HRA/EDA appointment on the website. She also promoted the Ice and Snow Festival this Saturday at Taft Lake. Council Member Whalen echoed the thanks and appreciation for all those involved in responding to the shooting and the community members supporting the victims’ families. He expressed gratitude for our communication’s responsiveness and reflected on how to strengthen community safety. Council Member Hayford Oleary echoed the condolences and distress and gratitude for those involved with the tragedy. He also thanked community members for their input to the I-494 project and mentioned a virtual meeting for the project. Council Member Trautmann shared in the grief that Jahmari Rice’s family and the other victims are going through. He lifted up the students that are experiencing trauma caused by the tragedy. He appreciated the work of Bishop Howell at Shiloh Temple and BJ Skoog and Cesar at Young Life. He also mentioned the funeral for Jahmari Rice. He was grateful for the community and how it’s supported one another. Mayor Regan Gonzalez expressed the many emotions that she had been feeling; deep grief, hopelessness, loss, and concern for the sanctity of our communities. She acknowledged that the important work council does as leaders in the community to create community in Richfield and the seamlessness of how well different departments and levels of government worked together in the response of this crisis. Council Meeting Minutes -8- February 8, 2022 ITEM #12 ADJOURNMENT The meeting was adjourned by unanimous consent at 8:28 p.m. Date Approved: February 8, 2022 Maria Regan Gonzalez Mayor Kari Sinning Katie Rodriguez City Clerk City Manager ADJOURNMENT CITY COUNCIL MEETING MINUTES Richfield, Minnesota Special City Council Retreat February 10, 2022 The retreat was called to order by Mayor Regan Gonzalez at 4:00 p.m. held virtually via Zoom. Council Members Maria Regan Gonzalez, Mayor; Mary Supple; Ben Whalen; Simon Trautmann; Present: and Sean Hayford Oleary Staff Present: Katie Rodriguez, City Manager; Amy Markle, Recreation Services Director; Mike Dobesh, Fire Chief; Jay Henthorne, Police Chief; Melissa Poehlman, Community Development Director; Kristin Asher, Public Works Director; and Chris Fierst, Liquor Store Manager Others Present: Craig Rapp, Rapp Consulting Group Item #1 CITY COUNCIL AND STAFF RETREAT SCHEDULED WITH CONSULTANT CRAIG RAPP Craig Rapp facilitated conversations with Councilmembers and staff regarding Governance Training. The work session was adjourned by unanimous consent at 5:54 p.m. Date Approved: February 22, 2022 Maria Regan Gonzalez Mayor Kelly Wynn Katie Rodriguez Administrative Assistant City Manager CALL TO ORDER AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #2.A. STAFF RE P ORT NO. 26 CIT Y COUNCIL ME E T ING 2/22/2022 RE P O RT P RE PA RE D B Y: Jay Henthorne, P ublic S afety D irector/C hief of P olice D E PA RTME NT D IRE C TO R RE V IE W: Jay Henthorne, P ublic S afety D irector/C hief of P olice 2/16/2022 O THE R D E PA RTM E NT RE V IE W: N/A C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager 2/17/2022 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consider approval of a contract with the City of Edina to provide dispatch and public safety software service to the City of Richfield's Police and Fire Departments. E X E C UT IV E S UM M ARY: The City of Edina provides contractual dispatching services for the Police and Fire Departments. The contract between Edina and Richfield covers dispatching services, operations and maintenance of the Edina Communication Center (E.C.C). T he contract period is for five years and will commence January 1, 2023. T he contract includes a standard cost escalator for each year of the contract. T he escalator will be based on increased labor costs for operation of the E.C.C. under Edina's labor agreements and the rate of increase, over the previous year in the implicit price deflator for government consumption expenditures and gross investment for state and local governments prepared by the Bureau of Economic Analysis. Edina has executed an agreement with Tyler Technologies for public safety software to replace existing software. Edina will host for Richfield an integrated suite of Public Safety software including computer aided dispatch (C AD), police records management (RMS), mobile applications, electronic ticketing, and analytic software. RE C O M M E ND E D AC T I O N: By Motion: Approve a contract between the City of Edina and the City of Richfield to provide dispatching services and public safety software for the Police and Fire Departments. 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 On August 13, 2013, the City Council voted to move our dispatching operations to the City of Edina. The City of Edina has provided contractual dispatching services for the Police and Fire Departments. The previous contract commenced on December 1, 2013 through December 2017, the contract commenced from J anuary 2018 and expired on December 31, 2019, and a contract commenced from J anuary 1, 2020 through December 31, 2021. The most recent contract commenced on J anuary 1, 2022 through December 31, 2022. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): The City Council previously approved moving dispatching operations to the City of Edina. C.C R IT IC AL T IMIN G IS S U E S: City of Richfield must have dispatching services for Police and Fire Departments. D.F IN AN C IAL IMPAC T: 2023 - 2027 Cost for 911 Dispatch and Software Services E.L E GAL C ON S ID E R AT ION: The City Attorney has reviewed the contract for the City. ALTE R N AT IV E R E C O MME N D ATIO N(S): Richfield Police and Fire need dispatching services. I f the contract is not approved, additional vendors would need to be researched and selected to provide dispatch services. 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 C ontract C ontract/A greement C omparable cost analysis between L ogis Tyler Technologies and E dina D ispatch B ackup Material 2023 - 2027 PROPOSAL TO THE CITY OF RICHFIELD FOR 911 DISPATC H AND PUBLIC SAFETY SOFTWARE SERVI CES Edina-Richfield Emergency Communications Center Cost Proposal for Richfield 911 Dispatch and Public Safety Software Services 911 Dispatch Services Cost Determination • Factors considered include total number of incidents, staffing costs, and general operating expenses. • There will be no increase for the cost of dispatch services for 2023. • The annual cost for dispatch services will increase by 3.5% annually for the remainder of the term. Public Safety Software Hosting • Edina has executed an agreement with Tyler Technologies for public safety software to replace our existing software from Central Square. The system implementation is underway and is anticipated to “go live” in the Spring of 2023. • Edina will host for Richfield an integrated suite of public safety software including computer aided dispatch (CAD), police records management (RMS), mobile applications for PC/iOS/Android, electronic ticketing (eCitation), and analytics software. • Edina will maintain all file server infrastructure for the system with appropriate redundancy and backup procedures. • Richfield will continue to be responsible for the maintenance and support of all local client (end user) hardware and software with access to Tyler Technologies software support and ongoing user training. • The majority of services will be provided on a “site license” basis with no limitations on client device installs. Software Services Cost Determination • Edina will pay all up front capital costs to purchase and implement the Tyler Technologies system with the exception of certain limited costs for site specific requirements related to data archiving from existing databases and any costs related to local network and hardware configuration. • Richfield’s annual cost for software services represents direct cost sharing of Edina’s annual operating expenses in three categories: Tyler Software Maintenance, Tyler Software-as-a-Service (SaaS), and Edina IT Infrastructure Support. • Tyler Maintenance will increase annually by 4%, Tyler SaaS will not increase for the first five years, IT Infrastructure will increase annually by 3.5%. The total software rate for 2023 will be discounted by 40%. Tyler Maintenance Tyler SaaS IT Infrastructure Base Rate 47,255 21,437 12,000 Software Cost 2023 $28,353 $12,862 $7,200 $48,415 2024 $49,145 $21,437 $12,420 $83,002 2025 $51,111 $21,437 $12,855 $85,403 2026 $53,155 $21,437 $13,305 $87,897 2027 $55,282 $21,437 $13,770 $90,489 • After 2027 Richfield’s rate increases for software will be determined directly by the then current rates established by Tyler Technologies. Cost Proposal for Richfield 911 Dispatch and Public Safety Software Services 2023 - 2027 Cost for 911 Dispatch and Software Services 911 Dispatch Software Annual Total Monthly Cost 2023 $321,518 $48,415 $369,933 $30,828 2024 $332,771 $83,002 $415,773 $34,648 2025 $344,418 $85,403 $429,821 $35,818 2026 $356,473 $87,897 $444,370 $37,031 2027 $368,949 $90,489 $459,438 $38,287 1 FOURTH AMENDMENT TO AGREEMENT BETWEEN EDINA AND RICHFIELD FOR THE PROVISION OF DISPATCH SERVICES AND OPERATION AND MAINTENANCE OF THE EMERGENCY COMMUNICATIONS CENTER AGREEMENT made this _______ day of ___________, 2022 by and between the City of Edina, a Minnesota municipal corporation ("Edina") and the City of Richfield, a Minnesota municipal corporation ("Richfield"), collectively “the Parties.” WHEREAS, Edina and Richfield are parties to an Agreement dated the 1st day of December, 2013, for the provision of dispatch services and operation and maintenance of the Edina Emergency Communications Center (“Agreement”); and WHEREAS, the Parties want to amend the Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. Amendment. The Agreement shall remain in full force and effect except and amended by this Fourth Amendment. This Fourth Amendment is effective January 1, 2023. 2. Additional Hosted Software Services. Beginning on the effective date of this amendment Edina will host and provide additional public safety software services to Richfield as follows: A. Edina has executed an agreement with Tyler Technologies for public safety software services to fully replace the existing Central Square OneSolution software. Implementation of this software is in progress with a target date to fully transition to the new software of approximately June 2 1, 2023. An amendment to the agreement with Tyler Technologies allows for Edina to provide the software services to Richfield. B. Edina will host for Richfield: Police and Fire Computer Aided Dispatch (CAD), Police and Fire Mobile (Windows/iOS/Android), Police Records Management System (RMS), Police eCitations, and Analytics software. In addition, interfaces will be provided to the existing Fire RMS and Fire Station Alerting systems. A detailed list of services to be provided is attached as EXHIBIT A. C. Edina will maintain redundant file server hardware in two locations, maintain backups of server data, and will be responsible for all maintenance on file server hardware and software following standard Edina I.T. practices and procedures. Richfield agrees to cooperate with Edina in facilitating normal maintenance and backup procedures including scheduled downtime when necessary. D. Richfield will be responsible for the maintenance and related costs for required network connectivity between Edina and Richfield, mobile network connectivity, and all client hardware and software within their facility and mobile units. Richfield will have access to technical support and training for client software from Tyler Technologies. E. Richfield will be responsible for the following additional costs related to the implementation of the public safety software: data archiving from existing databases, LOGIS and/or other third-party costs associated with exporting data from existing systems, LOGIS and/or other third-party 3 costs associated with network reconfiguration, and any Richfield specific GIS data requirements. Richfield will also be responsible for the costs of any additional software, services, and/or implementation costs not specified in EXHIBIT A. F. Edina’s lead project manager will assure throughout the implementation process that Richfield has complete and up to date information regarding project status, scheduling, milestones, and deadlines. Richfield will identify a project management team and designate a lead project manager. Richfield agrees to make the necessary staff and resources available to meet all project requirements, milestones, and deadlines. G. Edina and Richfield recognize the mutual benefits of sharing public safety software and agree to work cooperatively through the duration of this and any future amendments to resolve any conflicts, disagreements, or technical issues related to the software. H. Upon termination of this agreement Edina shall retain ownership and control of all Tyler Technologies software and Edina hosted hardware infrastructure. In the event of such a separation Richfield will retain ownership of their data and Edina will facilitate the export of Richfield’s data. Richfield will be responsible for any costs associated with the export of data and the independent licensing of any required Tyler Technologies software. 4 3. Paragraph 3 of the Agreement is amended to provide as follows: Payment for Dispatch Services and Operation and Maintenance of the E.C.C. Subject to the payment of initial costs pursuant to Paragraph 2 herein and any unbudgeted expenses pursuant to Paragraph 5 herein, beginning January 1, 2023, and continuing through December 31, 2027, Richfield shall pay Edina: 911 Dispatch Software Annual Cost Monthly Cost 2023 $321,518 $48,415 $369,933 $30,828 2024 $332,771 $83,002 $415,773 $34,648 2025 $344,418 $85,403 $429,821 $35,818 2026 $356,473 $87,897 $444,370 $37,031 2027 $368,949 $90,489 $459,438 $38,287 Payment shall be due in advance on or before the first day of each calendar month. 4. Paragraph 7 of the Agreement is amended to provide as follows: Term of Agreement. This Agreement shall be for a term of five (5) years to commence on January 1, 2023. This Agreement may be terminated by either party upon a twelve (12) month advance written termination notice delivered by either party to the other party. 5. Effective Date. This Third Amendment is effective January 1, 2023. IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written. 5 CITY OF EDINA CITY OF RICHFIELD BY: ______________________________ BY: ______________________________ James Hovland, Its Mayor Maria Regan Gonzalez, Its Mayor AND _____________________________ AND _____________________________ Scott Neal, Its City Manager Katie Rodriguez, Its City Manager EXHIBIT A EXHIBIT A EXHIBIT A EXHIBIT A EXHIBIT A EXHIBIT A EXHIBIT A EXHIBIT A EXHIBIT A Year Dispatch Fees Tyler Corporation Software Fire Ipad fees for Crew Force Application Dispatch/Tyler/Fire One Time Fees for Conversion VPN Costs/Connection to State of MN Estimated Total to Edina 2022 $321,518 $0 $0 $321,518 $0 $12,730 $334,248 2023 $321,518 $48,415 $2,935 $372,868 $71,000 $13,112 $456,980 2024 $332,771 $83,002 $3,023 $418,796 $13,505 $432,301 2025 $344,418 $85,403 $3,114 $432,935 $13,910 $446,845 2026 $356,473 $87,897 $3,207 $447,577 $14,328 $461,905 2027 $368,950 $90,489 $3,303 $462,742 $14,758 $477,500 Year Dispatch Fees Estimated LOGIS Fees Interface Fees to Tyler TechnologyEstimated Total to LOGIS and Edina Records Conversion: $26,000.00 2022 $321,518 $174,900 $496,418 Records Conversion Support: $10,000.00 2023 $321,518 $180,147 $70,000 $571,665 LOGIS Network Support: $20,000.00 2024 $332,771 $185,551 $518,322 GIS Consulting: $15,000.00 2025 $344,418 $191,118 $535,536 2026 $356,473 $196,851 $553,324 2027 $368,950 $202,757 $571,707 * Anticipated One time Fee 2023 Start building interfaces to communicate with Tyler Technology Estimated cost for Richfield to stay with LOGIS build interfaces and Edina Dispatch: Cost for Richfield to transition to Tyler Technology and Edina Dispatch: *2023 Anticipated One Time Fees for Conversion AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #2.B. STAFF RE P ORT NO. 27 CIT Y COUNCIL ME E T ING 2/22/2022 RE P O RT P RE PA RE D B Y: Jordan Vennes, Water Resources E ngineer D E PA RTME NT D IRE C TO R RE V IE W: K ristin A sher, P ublic Works D irector 2/15/2022 O THE R D E PA RTM E NT RE V IE W: N/A C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager 2/16/2022 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consider the rejection of all bids submitted for the Sheridan Pond Maintenance Project and direct staff to rebid the project in fall 2022. E X E C UT IV E S UM M ARY: Rationale for Rejecting Submitted Bids City staff is recommending the Council reject all bids for the Sheridan Pond Maintenance Project because of the high price of bids received relative to the engineer's estimate. The City received bids ranging from $425,145.41 to $557,262.50 while the engineer's estimate was $333,000.00. Staff believes that high bids were in part a result of unforeseen delays in the project's schedule. Dredging work is most cost-effectively performed in the deep winter months. Originally the project was to be bid in December 2021, allowing contractors more time to complete the work which is ideally completed under frozen conditions. T he schedule in which the project was bid would require contractors to perform the majority of work in spring conditions. Although staff knew the timeline was shortened the decision to move forward with advertising the project was made in an effort to complete the project as planned, prior to summer 2022. At this time, due to the high bids, staff would like to seek bids for the project again in fall of 2022 to maximize the amount of time for dredging work to be performed under frozen conditions which should make for more competitive bids. Project Background Richfield Public Works Stormwater Utility division initiated this project to remove accumulated sediment from the pond in Sheridan Park. Sediment cores were taken where sediment will be removed in the basin and it is estimated that approximately 3700 tons of MP C A regulated material will be removed. All dredged material shall be hauled and disposed of by the contractor in a landfill facility permitted to accept MP C A regulated dredged materials or shall be hauled and disposed of by the contractor at a site with an industrial land use classification that is selected by the contractor and approved by the City. Existing invasive plant species will be aggressively managed and select woodland areas will be converted to oak savanna. This effort includes the removal of 91 trees greater than 8" in diameter (primarily ash) to open tree canopy for ground cover establishment, and planting of a diversity of pollinator plant species, including tree and shrub species. Other maintenance and modification activities include installation of a new outlet structure, riprap and filter at the ends of two inlets and the outlet, and clearing and grubbing. Area residents were invited to a public open house in December 2021 to learn about the upcoming project and ask questions. I f the bids are rejected, the residents will be notified of the delay. RE C O M M E ND E D AC T I O N: By motion: Reject all bids submitted for the Sheridan Pond Maintenance Project and direct staff to rebid the project in fall 2022. 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 Sheridan Pond is part of the City's stormwater treatment system. Runoff carrying sediment is deposited in treatment ponds. Over time the sediment builds up and needs to be removed as part of regular maintenance. This will be the first significant dredging of Sheridan Pond in at least thirty years. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Performing stormwater pond maintenance fulfills requirements set forth in the City's Municipal Separate Storm Sewer System (MS4) permit and Stormwater Pollution Prevention Plan (S W P P P). Contracts estimated to have a value over $175,000 must be made by sealed bids, solicited by public notice, and awarded to the lowest responsible bidder. The City has the authority to reject all bids for any reason. C.C R IT IC AL T IMIN G IS S U E S: Rejection of bids and rebidding in fall of 2022 will allow contractors to begin the work over the winter months, which will allow for project completion prior to spring. City staff will notify area residents about the project's delay and reasons for the decision. D.F IN AN C IAL IMPAC T: Five bids were read at the bid opening on February 14, 2022, ranging from $425,145.41 to $557,262.50 while the engineer's estimate was $333,000.00. City staff and Barr Engineering believe the number of contractors still seeking winter work was low and the project's spring timeline led to higher than anticipated bids. Costs associated with rejecting the bids and rebidding the project at a future date will be minimal. Funding for the Sheridan Pond Maintenance Project was included in the 2022 Adopted budget and will remain in the 2022 Revised/2023 Proposed budget and is funded through stormwater user fees. E.L E GAL C ON S ID E R AT ION: T he bid opening held on February 14, 2022 was in accordance with legal requirements. The ad for bid was published on J anuary 20, 2022 in the Sun Current. The City Attorney has reviewed this staff report 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 B id Tab C over Memo CITY OF RICHFIELD, MINNESOTA Bid Opening February 14, 2022 10:00 a.m. Sheridan Pond Maintenance Project Bid No. 22-01 Pursuant to requirements of Resolution No. 1015 and the City Code, a meeting of the Administrative Staff was called by City Clerk Kari Sinning who announced that the purpose of the meeting was to receive; open and read aloud bids for the Sheridan Pond Maintenance Project, as advertised in the official newspaper on January 20, 2022. Present: Kari Sinning, City Clerk Joe Powers, City Engineer/Public Works Director Representative Jordan Vennes, Water Resources Engineer Scott Kulzer, Public Works Administrative Aide/Analyst Chris Swanson, City Manager Representative The following bids were submitted and read aloud: Bidder’s Name Bond Non- Collusion Intent to Comply Responsible Contractor Certificate Total Base Bid All Phase Contracting, Inc; Forest Lake, MN Provided Provided Provided Provided $425,145.41 Meyer Contracting Inc; Maple Grove, MN Provided Provided Provided Provided $426,178.82 Minnesota Dirt Works Inc; Lakeville, MN Provided Provided Provided Provided $442,333.00 Sunram Construction, Inc; Corcoran, MN Provided Provided Provided Provided $465,338.00 New Look Contracting, Inc.; Rogers, MN Provided Provided Provided Provided $557,262.50 The City Clerk announced that the bids would be tabulated and considered at the February 22, 2022 City Council Meeting. _______________________ Kari Sinning, City Clerk AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #2.C. STAFF RE P ORT NO. 28 CIT Y COUNCIL ME E T ING 2/22/2022 RE P O RT P RE PA RE D B Y: Olivia Wycklendt, C ivil E ngineer D E PA RTME NT D IRE C TO R RE V IE W: K ristin A sher, P ublic Works D irector 2/15/2022 O THE R D E PA RTM E NT RE V IE W: N/A C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager 2/16/2022 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consider adoption of a resolution authorizing the purchase of one temporary construction easement and one permanent right-of-way easement at 6501 Lyndale Ave South (L.A. Fitness) for the 65th Street Reconstruction Project. E X E C UT IV E S UM M ARY: As part of the 65th Street Reconstruction Project, certain temporary construction and permanent right-of-way easements must be acquired for construction. Temporary construction and permanent right-of-way easements are sometimes needed in order to implement major infrastructure projects and facilitate the construction thereof. Property owners receive compensation for both types of easements but for temporary construction easements the area remains under ownership of the property owner and it is restored and turned-back after construction is complete. The property owner at 6501 Lyndale Ave South (L.A. Fitness) has accepted the offer to purchase the easements and has completed the necessary paperwork to finalize the transaction. I n order for the easements to become effective, City Council must approve the resolution authorizing payment to the property owners in the agreed upon amounts. RE C O M M E ND E D AC T I O N: By motion: Approve the resolution authorizing the purchase of one temporary construction easement and one permanent right-of-way easement at 6501 Lyndale Ave South (L.A. Fitness) for the 65th Street Reconstruction Project. B AS IS O F RE C O M M E ND AT I O N: A.H IS TOR IC AL C ON T E X T The City Council approved the preliminary design layout for the 65th Street Reconstruction Project on J uly 28, 2020. Staff and the engineering consultant are working through final design engineering with the intent to let the project in early 2022. Temporary construction and permanent right-of-way easements are sometimes needed in order to implement major infrastructure projects and facilitate their construction. These easements are necessitated by the larger footprint of the new roundabout compared to the footprint of the existing roadway design. The value of the easements are determined via negotiation between a real estate appraisal firm and the property owners following standard appraisal practices. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): The city has authority to acquire easements through an "offer to purchase" and if no agreement can be reached the city can acquire property though eminent domain for public purposes. Despite the fact that the City began condemnation proceedings for the required easements, the parties were able to come to an agreement through the "offer to purchase" method. C.C R IT IC AL T IMIN G IS S U E S: Timely payment for and acquisition of the easements will allow construction to begin as planned in 2022. D.F IN AN C IAL IMPAC T: 6501 Lyndale Ave S (P I D: 27-028-24-23-011) requires a temporary construction easement payment of $800.00; a permanent right-of-way easement payment of $2,125.00; and an additional landscaping settlement payment of $1,500.00 for a total of $4,425.00. Funding for the purchase of the easements required for the construction of the 65th St Reconstruction Project will be paid by City funds dedicated to project costs. E.L E GAL C ON S ID E R AT ION: The City Attorney has reviewed the agreements and will be available at the meeting 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 6501 Lyndale E asement C ontract/A greement Resolution Resolution L etter RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO MAKE PAYMENTS FOR THE PURCHASE OF A TEMPORARY CONSTRUCTION AND A PERMANENT RIGHT-OF-WAY EASEMENT AT 6501 LYNDALE AVE SOUTH (PID# 27-028-24-23-011) AS PART OF THE 65TH STREET RECONSTRUCTION PROJECT WHEREAS, the City Council of the City of Richfield is the official governing body of the City of Richfield; and WHEREAS, the City, a Minnesota municipal corporation acting by and through its City Council, is authorized by law to acquire land and other interests in real es tate which are needed for public use or purpose; and WHEREAS, the City Council finds that public safety and convenience require that the City undertake and complete improvements known as the 65th St reet Reconstruction Project to improve the pavement conditions, replace deteriorating sidewalks and upgrade aging underground utilities while improving operational safety for pedestrians, bicyclists and vehicles; and WHEREAS, it is necessary to acquire temporary construction and permanent right - of-way easements encumbering the property at 6501 Lyndale Ave South (PID# 27-028-24- 23-011); and WHEREAS, the good faith efforts of employees and agents of the City, in addition to the property owners, has resulted in the acceptance of offers to purchase the aforementioned easements without need for further negotiations. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Richfield hereby authorizes the Mayor and the City Manager to make payments to the property owner and make effective the agreed upon easements to ensure timely construction of the project in 2022. Adopted by the City Council of the City of Richfield, Minnesota this 22nd day of February, 2022. Maria Regan Gonzalez, Mayor ATTEST: Kari Sinning, City Clerk AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #2.D. STAFF RE P ORT NO. 29 CIT Y COUNCIL ME E T ING 2/22/2022 RE P O RT P RE PA RE D B Y: Olivia Wycklendt, C ivil E ngineer D E PA RTME NT D IRE C TO R RE V IE W: K ristin A sher, P ublic Works D irector 2/15/2022 O THE R D E PA RTM E NT RE V IE W: N/A C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager 2/16/2022 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 Construction and Maintenance Agreement with 6200 Penn, L LC, and LB Richfield, LL C (Lunds and Byerlys) that defines ownership and maintenance responsibilities for certain features constructed at 6200 Penn Avenue. E X E C UT IV E S UM M ARY: The properties at 6200 Penn Avenue were redeveloped to construct a new residential apartment building which partially shares a parking lot with the neighboring Lunds and Byerlys, located at 6228 Penn Avenue. The redevelopment project included site improvements on both public and private property. This new redevelopment also includes stormwater infrastructure which services both the new residential apartment building and the existing Lunds and Byerlys. Therefore, the responsibility and maintenance of these structures is shared by both entities and is outlined in the agreement by separating the two properties into "Lot 1" and "Lot 2". T he City has worked with the developer and the property owner of 6228 Penn Avenue to draft a Construction and Maintenance Agreement that defines ownership and maintenance responsibilities for the features of the site and boulevard improvements constructed as part of the project. T hese improvements and responsibilities are detailed in Exhibit D and include: Public Sidewalk and Trail Maintenance & Snow Removal Landscaping and I rrigation Public Utilities Boulevard Trees Sidewalk Lighting on Penn Ave Stormwater I mprovements RE C O M M E ND E D AC T I O N: By Motion: Approve the Construction and Maintenance Agreement with 6200 Penn, LL C, and L B Richfield, LL C (Lunds and Byerlys) that defines ownership and maintenance responsibilities for certain features constructed at 6200 Penn Avenue. B AS IS O F RE C O M M E ND AT I O N: A.H IS TOR IC AL C ON T E X T T he City required the redevelopment to provide stormwater quality treatment before stormwater enters the City system. T he onsite treatment structures will help remove pollutants and particles before the water enters the public system. In order for the treatment structure to function as designed, it must be inspected and cleaned regularly. Drainage improvements were also constructed on the site and include an underground stormwater detention system and outlet control structures which temporarily store stormwater on the property before delivering it to the public system. In order for the detention system to function as designed, it must be inspected and maintained regularly. The agreement provides direction on inspection, repair, replacement, and maintenance of the treatment structure, detention system, and the public improvements, in addition to the remedies for the failure to comply with the provisions of this agreement. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): The City requires a Construction and Maintenance Agreement for redevelopment projects containing boulevard improvements and/or stormwater treatment structures. C.C R IT IC AL T IMIN G IS S U E S: The redevelopment project is nearing completion and the execution of the Construction and Maintenance Agreement is appropriate at this time. D.F IN AN C IAL IMPAC T: The agreement requires the property owners to cover all costs related to inspection and maintenance of the stormwater system. The agreement requires the property owner to reimburse the City for any costs incurred in performing activities identified as the responsibility of the property owner. Financial responsibilities of other items varies per the agreement. E.L E GAL C ON S ID E R AT ION: The City Attorney was consulted during the negotiations of terms and has reviewed the agreement. 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 L und's C onstruction and Maintenance A greement C ontract/A greement E xhibit A E xhibit E xhibit B P art 1 E xhibit E xhibit B P art 2 E xhibit E xhibit C E xhibit E xhibit D E xhibit 1 CONSTRUCTION AND MAINTENANCE AGREEMENT This construction and maintenance agreement (“Agreement”), is made and entered into as of the _______ day of _____________, 2021 by and between 6200 Penn, LLC, a Minnesota limited liability company, LB Richfield, LLC, a Minnesota limited liability company, both with a principal office address of 4100 50th Street, Suite 2100, Edina, Minnesota 55424, and the City of Richfield, Minnesota, a Minnesota municipal corporation, located at 6700 Portland Avenue S., Richfield, Minnesota, 55423. RECITALS A.LB Richfield, LLC (hereinafter “Lot 1 Owner”) owns Lot 1 of certain real property located in the City of Richfield (hereinafter “City”) described in the attached Exhibit A (the “Property”). B.6200 Penn LLC (hereinafter “Developer”) owns Lot 2 of the Property. C.Developer has begun construction of buildings and related site improvements (“Site Improvements”) on the Property and intends to also construct a parking lot on the Property. D.The City requires that certain storm water improvements, described in attached Exhibit B (“Stormwater Improvements”), be constructed and maintained to ensure proper discharge of storm water into the City’s storm sewer system (“City System”). E.The City requires the construction of certain improvements and betterments (“Public Area Improvements” – Described in attached Exhibit C) on portions of the public right- of- way and public easements abutting the Property (collectively, the “Public Areas”). F.For the purpose of providing the basis for design, construction, repair, replacement, and maintenance of the Stormwater Improvements and Public Area improvements, the parties wish to enter into this Agreement, including setting forth the remedies for failure to comply with this Agreement. AGREEMENT For good and valuable consideration, the receipt and sufficiency of which the parties acknowledge, the parties agree as follows: Stormwater Improvements 1.Design. The City has reviewed and approved plans for the Stormwater Improvements; such review and approval occurred prior to the commencement of construction. The City may reject the final construction if it does not meet the City standards or comply with the approved plans. The Developer is responsible for any 2 costs to bring the construction into compliance with City standards or the approved plans. 2. Construction. The Developer shall construct and pay for the cost of construction of the Stormwater Improvements. Developer shall record the Reciprocal Easement Agreement (hereinafter “REA”) between Developer and Lot 1 Owner (attached as Exhibit E) that outlines certain construction and maintenance requirements and obligations and grants necessary easements to Developer for drainage, ingress and egress, signs, operation and maintenance on the Property. 3. Inspection and Cleaning. a. Frequency. The Developer shall be responsible for inspecting and cleaning the Stormwater Improvements, including the storm sewer, storm sewer structures, stormwater treatment systems, and draintile, per the schedule as outlined in the Operations and Maintenance Plan in Exhibit B. b. Costs. The Developer and Lot 1 Owner shall cover the cost of all such inspections and cleaning of the Stormwater Improvements, per the responsibilities outlined in the REA. c. Annual Report. The Developer shall provide the City with an annual report documenting the inspection and maintenance of the Stormwater Improvements on or before December 31 of each year. 4. Right of Access . The Developer and Lot 1 Owner grant to the City, its agents and employees, the right to enter the Property to conduct periodic inspections and perform necessary maintenance of the Stormwater Improvements if Developer or Lot 1 Owner fail to fulfill their obligations to do so. PUBLIC AREA IMPROVEMENTS 5. Construction, Installation, Maintenance, Repair, and Replacement. The parties agree to undertake the responsibilities for the construction, installation, maintenance, repair, and replacement of Public Area Improvements as described in the attached Exhibit D. 6. City Review of Work. The City will have reasonable time to review and approve, reject, or require modifications to the plans and specifications for all work done within the Public Areas by Developer. 7. Additional Snow Removal. The City will provide basic snow removal on the public trail to the North of the property and the public sidewalk along Penn Avenue. Developer shall be responsible for providing, and paying expenses for, any additional snow removal or treatment it desires beyond the City’s obligation in Exhibit D. Sidewalk damage, or damage to adjacent areas, due to the use of heavy equipment, excessive salt or other chemical disbursement, or any other damage caused by the Developer or the City will be repaired by the party 3 responsible for such damage at such party’s expense. Work performed under this paragraph is subject to Right of Access, Insurance, and Indemnity provisions. 8. Right of Access. a. Subject to compliance with any preconditions contained in the City Code, the City grants to the Developer and Lot 1 Owner, their agents and employees the right to enter onto the Public Areas to perform the work required to be performed by the Developer or Lot 1 Owner pursuant to paragraphs 5 and 6. b. The Developer and Lot 1 Owner agree that they will not unreasonably interfere with the public use of the Public Areas. c. The Developer and Lot 1 owner will notify the City and any other agency having jurisdiction over, or an interest in, the Public Areas or abutting streets and highways at least 48 hours in advance of any scheduled work. Developer and Lot 1 Owner will comply with any requirements of the City or such other agency governing signage and other regulations governing work in the Public Areas including, without limitation, obtaining any additional permits, licenses, or approvals needed for the doing of such work. d. Developer and Lot 1 Owner grant to the City, its agents and employees, the right to enter onto the Property to maintain items as identified in Exhibit D. 9. Ownership. a. Exhibit C designates Public Area Improvements which are to be constructed by Developer and conveyed to the City following the City inspection of the work and notification to the Developer that it will accept conveyance. b. Developer warrants that such conveyance is free and clear of any mechanic’s liens or encumbrances other than Developer’s first priority mortgage in favor of its lender. c. Any warranties available as a result of construction of such Public Area Improvements will be assigned to the City, and, to the extent available, will be utilized to offset Developer’s maintenance obligations hereunder. 10. Maintenance, Repair and Replacement Obligation. The party having the maintenance, repair or replacement obligation for the Public Area Improvements as outlined in Exhibit D to this Agreement shall have the affirmative obligation of assuring the item to which the obligation attaches is always kept in good, safe, operable and presentable condition. If either party becomes aware of a condition relating to an item for which such party is obligated, it shall notify the other party in writing whereupon the responsible party shall promptly inspect, and as needed, maintain, repair or replace the item within 30 days of the date of such notification by the other party. 4 11. No Salt Storage. Developer shall not store, on or within the Stormwater Improvements or the Public Areas, salt or other similar chemicals used to treat snow and ice. 12. Default. If either party defaults in any of its obligations hereunder, after written notice of such default and failure to cure within 30 days following such notification, unless extended upon mutual agreement of the parties, the non-defaulting party may pursue whatever remedies are available to it at law or in equity. The non-defaulting party may also terminate this Agreement following such notice and the failure to cure, except that the Developer’s obligation to construct, repair, maintain and reconstruct the Stormwater Improvements shall survive such termination. 13. City Maintenance Rights. a. Public Area Improvements. If Developer defaults relating to activities within the Public Areas, the City may, after notice and a cure period described in the notice, perform the work and recover the entire cost of such work against the Developer through a lien against the Property to be collected as a special assessment. The City will seek quotes from multiple contractors to secure market competitive rates to perform the work. Any assessments will be levied against the lot upon which the work was performed. The Developer and Lot 1 Owner, for themselves, and their successors and assigns, waive any challenge to the amount of the assessment for such work, and waive their rights to a hearing on the assessment or to challenge the assessment following its being levied. In addition to placing an assessment lien against the Property under Minnesota Statutes, Chapter 429, the City may also seek to impose and collect a lien pursuant to Minnesota Statutes, Section 514.67. b. Stormwater Improvements. If Developer and Lot 1 Owner fail to maintain the Stormwater Improvements, the City may maintain the Stormwater Improvements if such failure continues for 30 days after the City gives written notice of such failure or, if such tasks cannot be completed within 30 days, after such time period as may be reasonably needed to complete the required tasks provided that Developer and Lot 1 Owner are making a good faith effort to complete said tasks. The City’s written notice shall state which maintenance tasks are to be performed. If the maintenance tasks are not completed within the required time period after the City gives notice, the City shall have the right to enter the Property and perform the maintenance tasks. The City shall invoice the Owner of the Lot upon which the work was performed. In the case of any maintenance performed on Stormwater System 2, as described in the REA, the City will invoice 50% of the costs to Developer and 50% of the costs to Lot 1 Owner. The City’s invoice will include maintenance costs, all reasonable City staff time, engineering and legal and other reasonable costs and 5 expenses incurred by the City. If Developer or Lot 1 Owner fail to reimburse the City for its costs and expenses in maintaining the Stormwater Improvements within 30 days of receipt of the City’s invoice, the City shall have the right to assess the full cost thereof against the applicable lot. Developer and Lot 1 Owner on behalf of themselves and their successors and assigns, acknowledge that the maintenance work performed by the City benefits the Property in an amount that exceeds the assessment and hereby waive any right to hearing or notice and the right to appeal the assessments under Minnesota Statutes Chapter 429. Notwithstanding the foregoing, in the event of an emergency, as determined by the City Engineer, the 30-day notice requirement to Developer or Lot 1 Owner for failure to perform maintenance tasks is waived in its entirety, and Developer or Lot 1 Owner shall reimburse the City and be subject to assessment for any expense incurred by the City in the same manner as if written notice described above had been given. 14. Miscellaneous Provisions. a. Insurance. The Developer will, during the term of this Agreement, maintain a commercial general liability insurance policy from an insurance company acceptable to the City, insuring against claims for injury, death or property damage or death caused by any activities conducted by Developer, its officers, agents, or employees. Developer must submit a certificate of insurance to the City in form and substance that is acceptable to the City Attorney. The policy must include minimum limits of $1,500,000 per occurrence and $2,000,000 annual aggregate. To meet these requirements, the Developer may use a combination of excess and umbrella coverage. The City must be named as an additional insured on the policy. b. Indemnity. The Developer also agrees to indemnify, hold harmless and defend the City, its officers, agents and employees from any claims or causes of action occasioned by or arising out of the Developer’s activities or failure to perform activities under this Agreement. The Developer’s obligation to defend and indemnify shall not extend to claims which are the result of the negligence or the willful misconduct of the City, its officers, agents or employees. c. Term. Unless earlier terminated as provided in Paragraph 12, this Agreement shall remain in full force and effect until terminated by the mutual written agreement of the parties. d. Binding Effect. All duties and obligations of the Developer under this Agreement shall also be duties and obligations of the Developer’s successors and assigns. The terms and conditions of this Agreement shall run with the land, be binding on subsequent owners, and shall be recorded with the property records of Hennepin County, Minnesota. e. Recording. The City shall record this Agreement among the land records, within 60 days of the date hereof, and shall pay for the cost of such recording. 6 f. Other Approvals. This Agreement shall not relieve Developer from the need to obtain all licenses, permits and approvals which are required by the City and other permitting and licensing authorities to allow for the development of the Property. Nor shall this Agreement be deemed a waiver of the City’s legislative or quasi-judicial judgment in considering the granting of any such licenses, permits or approvals. Additionally, no structure or improvement which is the subject of this Agreement may be constructed until any necessary land use approvals and/or variances have first been obtained. g. No Interest in Land. This Agreement does not create any property or ownership interest of the Developer in the Public Areas. This Agreement only gives Developer the permission to occupy and utilize the Public Areas consistent with provisions and limitations of this Agreement. h. Notices. City: City of Richfield 6700 Portland Avenue S. Richfield, MN 55423 Attn: City Engineer Developer/ Lot 1 Owner: 6200 Penn, LLC/LB Richfield, LLC 4100 W. 50th Street, Suite 2100 Edina, MN 55424 Attn: Brad Lis i. Severability. If any provision of this Agreement is invalid or unenforceable, such provision, if feasible, shall be deemed to be modified to be within the limits of enforceability or validity; if, however, the offending provision cannot be so modified, it shall be stricken and all other provisions of this Agreement in all other respects shall remain valid and enforceable. j. Entire Agreement. This Agreement, including the exhibits, contains the entire agreement between the parties pertaining to the subject matter hereof and fully supersedes all prior written or oral agreements and understandings between the parties pertaining to such subject matter. k. Amendment. This Agreement shall not be modified, amended, supplemented or revised, except by a written document signed by the parties. 7 l.Exhibits. All exhibits referred to in and attached to this Agreement are incorporated and made a part of this Agreement. m.Counterpart Signatures. This Agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed original, and all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement as of the date first written above. CITY OF RICHFIELD By: _____________________________ Its Mayor By: ______________________________ Its City Manager The foregoing instrument was acknowledged before me this ___ day of _______, 20___, by _____________ and _____________, the Mayor and City Manager respectively, of the City of Richfield, a Minnesota municipal corporation, on behalf of the municipal corporation. _______________________________________ Notary Public EXHIBIT C Public Areas Civil Plans prepared by Wenck, dated January 12th, 2021. Specific plan sheets outlined below:  Sheet No. C-101 Site Plan  Sheet No. C-601 Parking Plan  Sheet No. C-802, C-803 Details  Sheet No. L-101 Landscape Plan  Sheet No. L-801 Landscape Notes and Details  Sheet No. C-101 (TURN LANE) Site Plan  Sheet No. C-801 (TURN LANE) Details AGENDA SECTION:PUBLIC HEARINGS AGENDA ITEM #4. STAFF REPORT NO. 30 CIT Y COUNCIL ME E T ING 2/22/2022 RE P ORT P RE PA RE D B Y: K ate A itchison, Housing S pecialist D E PA RTM E NT D IRE C TO R RE V IE W: Melissa P oehlman, C ommunity D evelopment D irector 2/16/2022 OTHE R D E PA RTM E NT RE V IE W: C ITY MA NA GE R RE V IE W: K atie Rodriguez, C ity Manager 2/16/2022 IT E M F O R C O UNC IL C O NS I DE RAT ION: Public hearing and consider a resolution specifying the use of funds from the Urban Hennepin County Community Development Block Grant allocation for 2022 and authorizing execution of a Subrecipient Agreement with Hennepin County and any required third party agreements. E X E C UT IV E S UM M ARY: Community Development Block Grant (CDBG) funding is annually awarded to Hennepin County (County) on a formula basis from the Department of Housing and Urban Development (HUD ). The County, in turn, allocates a portion of these funds to the City of Richfield to address local needs relating to affordable housing, c ommunity development, and public services. Staff is proposing to use the City's 2022 direct alloc ation of an estimated $202,000 to fund the Housing and Redevelopment Authority's (HRA) Deferred Loan Rehabilitation Program and New Home Program: The HRA's Deferred Loan Program provides a c ritical source of funds for people with limited incomes to rehabilitate their homes. There are currently 74 people on the waiting list for these funds, so $182,000 is allocated for this program. Through the New Home Program, the HRA works with non-profit developers to create long-term, affordable homeownership opportunities. The proposed 2022 allocation of $20,000 would be combined with $80,000 in 2021 funds to purchase and rehabilitate one home through the W est Hennepin Affordable Housing land trust, which sells the home to an income-qualified buyer and ensures long-term affordability. RE C O M M E ND E D AC T I O N: Conduct and close the public hearing and by motion: Adopt a resolution authorizing the use of funds for the 2022 Urban Hennepin County Community Development Block Grant Program and authorizing execution of a Subrecipient Agreement with Hennepin County and any required third party agreements. B AS IS O F RE C O M M E ND AT ION: A.H IS TOR IC AL C ON T E X T I n the past, C D B G funding has been used for a variety of purposes and projects, including First Time Homebuyer loans, streetscape improvements, and the acquisition of blighted property. Staff is constantly evaluating the best use for these funds, and proposes to use them in familiar program areas for the 2022 funding cycle. $182,000 of the 2022 CDBG funds are proposed to be allocated to the Housing and Redevelopment Authority (HRA) for the Deferred Loan Program (Program): The Program provides no interest, 30-year loans of up to $30,000 to low-income homeowners to address health, safety, and property maintenance needs. This Program has been in existenc e since 1984 and is administered for the City by Hennepin C ounty. I n the past year, 7 loans were completed and 6 loans were started, 74 households are currently on the waiting list for the Program. Additional funding for loans is available through loan repayments (i.e., when a property is sold). $20,000 is proposed to be allocated to the HRA's New Home Program for acquisition and rehabilitation of a single family home: These funds will go towards the purc hase and rehabilitation of an existing home with a non-profit developer for affordable housing. The newly constructed or rehabilitated property would be sold to a household earning 80 percent of the area median income or less ($83,920 for a family of four). These funds may be combined with existing 2021 C D B G funds for a total amount of $100,000 towards this effort. The 2021 funding must be expended by D ecember 31, 2022. On November 15, 2021, the HRA alloc ated $640,000 to the City's Affordable Housing Trust Fund to be used for affordable homeownership opportunities, including down payment assistance through the HRA's First Time Homebuyer Program. Given this homeownership opportunities, including down payment assistance through the HRA's First Time Homebuyer Program. Given this significant investment of funds by the HRA, C D BG funds are not needed to fund this program in 2022. B.P OLIC IE S (resolutions, ordinances, regulations, statutes, etc): All funded activities must meet one of three national objectives: benefiting low and moderate income persons, preventing or eliminating slums and/or blight, or meet an urgent need. I n addition, activities must be consistent with priorities identified in the County's Five- Year Consolidated Plan. Those priorities include a variety of housing activities such as housing rehabilitation, preserving and creating homeownership opportunities, public services to maintain or increase self-sufficiency, and neighborhood revitalization activities. C.C R IT IC AL T IMIN G IS S U ES: The application for 2022 funds is due to Hennepin County by March 8, 2022. The 2022 federal fiscal year will begin on J uly 1, 2022. Funds must be spent by J une 30, 2023. Six-month extensions may be granted on an as-needed basis. D.FIN AN C IAL IMPAC T: The City's estimated direct allocation for 2022 is $202,000. I n the event of a change in the final alloc ation, the amount allocated to the Deferred Loan Program will be adjusted accordingly. E.LE GAL C ON S ID E R AT ION: A local public hearing must be held prior to submission of the 2022 application. Notice of the public hearing for the 2022 CD BG funding was published in the Richfield Sun Current on February 10, 2022. ALTE R N AT IV E R E C O MME N DATION(S): Council may modify the amount of funds allocated to each project in a way that still meets funding guidelines. PR IN C IPAL PAR T IE S E X P E CTED AT MEETING : N/A ATTAC H ME N T S: D escription Type Resolution Resolution L etter RESOLUTION NO. ____ RESOLUTION APPROVING PROPOSED USE OF 2022 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS AND AUTHORIZING EXECUTION OF SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY REQUIRED THIRD PARTY AGREEMENTS WHEREAS, the City of Richfield, Minnesota, through execution of a Joint Cooperation Agreement with Hennepin County, is participating in the Urban Hennepin County Community Development Block Grant (CDBG) Program; and WHEREAS, the City of Richfield has developed a proposal for the use of 2022 CDBG funds made available to it; and WHEREAS, the City held a public hearing on February 22, 2022 to obtain the views of citizens on local and Urban Hennepin County housing and community development needs and priorities for the City’s proposed use of $202,000 from the 2022 Urban Hennepin County CDBG Program; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of Richfield, Minnesota as follows: 1. Approves the following projects for funding from the 2022 Urban Hennepin County Community Development Block Grant Program and authorizes submittal of the proposal to Hennepin County. Activity Budget 1. Deferred Loan Rehabilitation Program $182,000 2. Single Family Acquisition and Rehabilitation $20,000 TOTAL CDBG ALLOCATION $202,000 2. That the Mayor and City Council hereby authorize and direct the execution of the Subrecipient Agreement with Hennepin County and any required Third Party Agreements on behalf of the City to implement the 2022 CDBG Program. 3. That should the final amount of FY 2022 CDBG available to the City be different from the preliminary amount provided to the City, the City Council hereby authorizes the City Manager to adjust the project budget of the Deferred Loan Rehabilitation Program to reflect an increase or decrease in funding. Adopted by the City Council of the City of Richfield, Minnesota this 22nd day of February, 2022. ____________________________ Maria Regan Gonzalez, Mayor ATTEST: Kari Sinning, City Clerk AGENDA SECTION:PROPOSED ORDINANCES AGENDA ITEM #5. STAFF RE P ORT NO. 31 CIT Y COUNCIL ME E T ING 2/22/2022 RE P O RT P RE PA RE D B Y: Jennifer A nderson, S upport S ervices Manager D E PA RTME NT D IRE C TO R RE V IE W: Jay Henthorne, P ublic S afety D irector/C hief of P olice 2/16/2022 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 2/16/2022 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consider the approval of the second reading of an ordinance amending Sections 921 and 925 of the Richfield City Code to update and incorporate previous open burning, fires, and incineration restrictions. E X E C UT IV E S UM M ARY: W ith the advent of organized hauling in Richfield, and the overhaul of Chapter 6 (Solid Waste, Collection and Hauling), there was a need to redirect pieces of the old solid waste ordinance into other sections of the city code. They are as follows: 1) I ncorporating the burning restrictions language from the old Section 601.27 into Section 921 (open burning, fires and incineration restrictions). 2) Referencing the open burning restrictions language in Section 925 (nuisance code). 3) Referencing the incinerator restrictions language in Section 921 (open burning, fires, and incineration restrictions). The first reading of this ordinance amendment was heard by the City Council on February 8, 2022. RE C O M M E ND E D AC T I O N: By Motion: Approve the second reading of an ordinance amending Sections 925 and 921 of the Richfield City Code as follows: 1) Incorporating the burning restrictions language from the old Section 601.27 into Section 921 (open burning, fires and incineration restrictions). 2) Referencing the open burning restrictions language in Section 925 (nuisance code). 3) Referencing the incinerator restrictions language in Section 921 (open burning, fires, and incineration restrictions). B AS IS O F RE C O M M E ND AT I O N: A.H IS TOR IC AL C ON T E X T W hen organized hauling was implemented and the solid waste city code language was overhauled, there was a need to redirect three items of the old solid waste section into other areas of the code to ensure they were still present and enforceable. The "Executive Summary" section outlines the specific changes. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Section 921 of the Richfield City Code pertains to open burning restrictions and Section 925 of the Richfield City Code pertains to nuisances. These two sections of code are appropriate for transitioning portions of the old solid waste code. I n addition to city ordinance, state statutes and administrative rules define and regulate incineration. C.C R IT IC AL T IMIN G IS S U E S: None D.F IN AN C IAL IMPAC T: None E.L E GAL C ON S ID E R AT ION: The City Attorney has reviewed the ordinance and approves of its contents. ALTE R N AT IV E R E C O MME N D ATIO N(S): The City Council may decide to not approve the second reading of the ordinance and direct staff how to proceed. 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 Open B urning, F ires and Incineration C over Memo 1 0 = 1 " " RC160\3\751810.v1 RC160\3\751810.v1 RC160\3\751810.v1 BILL NO. _____ AN ORDINANCE AMENDING SECTIONS 921 AND 925 OF THE RICHFIELD CODE OF ORDINANCES PERTAINING TO OPEN BURNING, FIRES, AND INCINERATION RESTRICTIONS THE CITY OF RICHFIELD DOES ORDAIN: Section 1. The title of Section 921 of the Richfield Code of Ordinances is hereby amended by adding the following double-underlined language below: SECTION 921. - OPEN BURNING, FIRES, AND INCINERATION RESTRICTIONS Section 2. Sub-section 921.03 of the Richfield Code of Ordinances is hereby amended by adding the following double-underlined language and deleting the following struck-through language below: 921.03. - Definitions. Subdivision 1. The following words and terms, when used in this section, shall have the following meanings unless the context clearly indicates otherwise: Subd. 2. “Incinerator” shall have the meaning as prescribed by Minnesota Administrative Rules, section 7011.1201. Subd. 23. "Fire Marshal" means the City of Richfield employee appointed by the City Manager as Fire Marshal. Subd. 34. "Open burning" means a fire burning in matter, whether concentrated or dispersed, which is not contained within a fully enclosed firebox, structure or vehicle and from which the products of combustion are emitted directly to the open atmosphere without passing through a stack, duct or chimney. Subd. 45. "Recreational fire" means a fire set for cooking, warming or ceremonial purposes. Section 3. Sub-section 921.07 of the Richfield Code of Ordinances is hereby amended by adding the following double-underlined language below: Subd. 2. Recreational fires. Recreational fires are allowed in accordance with all of the following conditions: . . . 2 0 = 1 " " RC160\3\751810.v1 RC160\3\751810.v1 RC160\3\751810.v1 (k) Fires shall not involve willfully burning or setting fire to natural ground cover, such as trees, brush, grass, or other vegetation, or any building, fixture, or appurtenance of real property. Section 4. Section 921 of the Richfield Code of Ordinances is hereby amended to add the following new sub-section 921.11: 921.11. - Incineration. Burning by the use of an incinerator shall only be allowed if such burning and incinerator complies with the following: (a) pursuant to an incinerator license as prescribed in sub -section 601.15 of the Richfield Code of Ordinances. (b) pursuant to Minnesota Administrative Rules, section 7011.1220. (c) pursuant to all other applicable provisions of the Richfield Code of Ordinances and county, state, and federal law. Section 5. Sub-section 925.01 of the Richfield Code of Ordinances is hereby amended by adding the following double-underlined language below: Subd. 4. Public nuisances affecting peace and safety. The following are declared to be nuisances affecting peace and safety: . . . (s) Open burning or any fires that do not comply with Section 921 of the Richfield Code of Ordinances. Section 6. Sub-section 925.13 of the Richfield Code of Ordinances is hereby amended by adding the following double-underlined language below: Subd. 3. Definition of nuisance conduct. (a) For purposes of this Section, the term "nuisance conduct" means any activity, conduct, or condition occurring upon private property within the City that unreasonably annoys, injures or endangers the safety, health, morals, comfort or repose of any member of the public; or will, or tend to, alarm, anger or disturb others or provoke breach of the peace, to which the City is required to respond, including, but not limited to the following: (1) Any activity, conduct, or condition deemed as a public nuisance under any provision of the City Code; 3 0 = 1 " " RC160\3\751810.v1 RC160\3\751810.v1 RC160\3\751810.v1 (2) Any activity, conduct, or condition in violation of any provision of Section 925 of the City Code; (3) Any activity, conduct, or condition in violation of Sections 511.21, 601, 905, 921, 930, 1320, or 1325 of the City Code; (4) Any conduct, activity or condition constituting a violation of Minnesota state laws prohibiting or regulating prostitution, gambling, controlled substances, use of firearms; and (5) Any conduct, activity, or condition constituting disorderly conduct under Chapter 609 of Minnesota Statutes. Section 7. This ordinance will be effective in accordance with Section 3.09 of the City Charter. Adopted by the City of Richfield this ___ day of _________, 2022. Maria Regan Gonzalez, Mayor ATTEST: Kari Sinning, City Clerk AGENDA SECTION:PROPOSED ORDINANCES AGENDA ITEM #6. STAFF RE P ORT NO. 32 CIT Y COUNCIL ME E T ING 2/22/2022 RE P O RT P RE PA RE D B Y: B en Manibog, Transportation E ngineer D E PA RTME NT D IRE C TO R RE V IE W: K ristin A sher, P ublic Works D irector 2/15/2022 O THE R D E PA RTM E NT RE V IE W: N/A C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager 2/16/2022 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consider approval of a second reading of an ordinance authorizing the sale of three city-owned properties for I-494 Corridor Vision Project 1 and a resolution authorizing summary publication. E X E C UT IV E S UM M ARY: The purpose of the land transfer ordinance is to sell three parcels of city-owned land to the Minnesota Department of Transportation (MnD OT) for the construction of I -494 Corridor Vision Project 1. The land (south of Best Buy headquarters) will be used for: A trail connecting Knox Ave and Penn Ave An interstate ramp connecting I -35W to westbound I -494 An interstate ramp connecting westbound I -494 to Penn Ave The proposed ordinance is a separate action from the Council's future municipal consent determination of I - 494 Corridor Vision Project 1 which is also scheduled for February 22, 2022. The land was acquired by the City in 2001 as a part of the Penn Avenue bridge project. The land came from MnD OT as a transfer during the construction project. The three parcels of the land transfer are described as Outlot A, Outlot B, and Outlot C in the attached ordinance language and exhibits. The money for the land payment in 2001 came from Metropolitan Council through a Right-of-Way Acquisition Loan Fund (RA LF). The RA LF loan program is an interest-free loan made by the Metropolitan Council. I t was understood in 2001 that the land acquired with the RA F L loan was for MnD OT's future expansion of I - 494. I t was also understood that when the interstate expands, MnD OT will re-acquire the land for construction. MnD OT would pay the City for the three parcels and the City would then pay Metropolitan Council for the no- interest loan. RE C O M M E ND E D AC T I O N: By motion: 1. Approve the second reading of an ordinance authorizing the sale of three city-owned properties for I-494 Project 2. Approve a resolution authorizing summary publication of the ordinance authorizing the sale of three city-owned properties for I-494 Project B AS IS O F RE C O M M E ND AT I O N: A.H IS TOR IC AL C ON T E X T MnD OT's I -494 Corridor Vision Project 1 will construct an E-Z Pass lane on I -494 from TH 100 to I - 35W in each direction, Phase 1 of the turbine interchange at the I -494/I -35W interchange, and access changes and replacement of the bridges at Nicollet, Portland, and 12th Avenues. A new pedestrian/bicycle bridge near Chicago Avenue will also be constructed over I -494. The city council approved the first reading of the ordinance on February 8, 2022. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Section 13.04 of the city charter states, "No real property of the City shall be disposed of except by ordinance". C.C R IT IC AL T IMIN G IS S U E S: Transferring the city-owned parcels allows MnD OT to continue their construction of I -494 Corridor Vision Project 1 on-time for completion in 2026. D.F IN AN C IAL IMPAC T: I f approved, the property will be sold to MnD OT for $7 million. I f approved, the $7 million MnD OT payment will be used to repay the no-interest RA LF loan from Metropolitan Council for the original purchase of the property. E.L E GAL C ON S ID E R AT ION: The City Attorney has reviewed the draft ordinance 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 P roposed Ordinance Ordinance E xhibit A - Outlots A , B , C E xhibit S ummary publication resolution Resolution L etter TRANSITORY ORDINANCE NO. ____ AN ORDINANCE AUTHORIZING THE SALE OF PROPERTY OWNED BY THE CITY THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background; findings; authority. 1.01. The City of Richfield (the “City”) is governed by home rule charter adopted pursuant to the Constitution of the State of Minnesota and Minnesota Statutes, Chapter 410 (Act). 1.02 The City is the owner of real property located in the City of Richfield depicted on attached Exhibit A and legally described as: Outlots A, B and C, BEST BUY CAMPUS, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota. Certificate of Title No. 1134452. (the “City Property”.) 1.03. It has been proposed by the State of Minnesota, acting through its Department of Transportation (“MNDOT”) that the City sell the City Property to MNDOT for the purposes of making improvements to Interstate 494. Pursuant to Section 13.04 of the City’s Charter, no real property of the City shall be disposed of except by ordinance. 1.04. The Council finds and determines that it is in the best interests of the City to sell the City Property to the MNDOT for the purposes of improving Interstate 494. Section. 2 Adoption; effective date; filing. 2.01 The sale of the City Property to MNDOT is approved. The City Manager, City staff and City attorney are authorized and directed to negotiate the sale of the City Property and take all steps necessary to effect such sale. 2.02. This Ordinance shall take effect after the thirtieth (30th) day, exclusive of day of publication. Passed by the City Council of the City of Richfield, Minnesota this ____ day of ________________, 2022. Maria Regan Gonzalez, Mayor ATTEST: Kari Sinning, City Clerk Exhibit A Depiction of the Property RESOLUTION NO. ____ RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AUTHORIZING THE SALE OF PROPERTY OWNED BY THE CITY WHEREAS, the City of Richfield has adopted the above referenced ordinance; and WHEREAS, the verbatim text of the ordinance 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 TRANSITORY ORDINANCE NO. ____ AN ORDINANCE AUTHORIZING THE SALE OF PROPERTY OWNED BY THE CITY This summary of the ordinance is published pursuant to Section 3.12 of the Richfield City Charter. The purpose of the land transfer ordinance is to sell three parcels of city-owned land to the Minnesota Department of Transportation for the construction of the I -494 Project 1. The land (south of the current Best Buy headquarters) will be used for a trail connecting Knox Ave and Penn Ave, an interstate ramp connecting I-35W to westbound I-494, and an interstate ramp connecting westbound I-494 to Penn Ave. Copies of the ordinance are available for public inspection in the City Clerk ’s office during normal business hours or upon request by calli ng the Public Works Department at (612) 861-9170. Adopted by the City Council of the City of Richfield, Minnesota this 22nd day of February, 2022. Maria Regan Gonzalez, Mayor ATTEST: Kari Sinning, City Clerk AGENDA SECTION:RESOLUTIONS AGENDA ITEM #7. STAFF RE P ORT NO. 33 CIT Y COUNCIL ME E T ING 2/22/2022 RE P O RT P RE PA RE D B Y: K rista Guzman, HR Manager 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: N/A C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager 2/16/2022 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 contract with the Labor and Trades Local 49 for the period January 1, 2022 through December 31, 2022 and authorize the City Manager to execute the agreement. E X E C UT IV E S UM M ARY: City staff have completed labor negotiations with the Labor and Trades Local 49 (Union). The provisions of the 2022 labor agreement cover all of the employees in this Union, which consists of 32 positions. The one-year contract provides a wage adjustment of 3.00% in 2022. I t also provides a market rate adjustment of an additional 4% to all pay plans in the contract as of J anuary 1, 2022. This was done after a thorough analysis of comparable and similar sized cities and in order to align with recognition of current employees in the pay plan. The agreement also includes the same employer-provided health and dental insurance contributions as given to the city's non-represented employee groups and other bargaining units. I t also provides nominal increases to the uniform/boot allowance and to a licensure/certification pay rate. RE C O M M E ND E D AC T I O N: By motion: Adopt a resolution approving the provisions of the 2022 labor agreement with the Labor & Trades Local 49 bargaining unit and authorize the City Manager to execute the agreement. B AS IS O F RE C O M M E ND AT I O N: A.H IS TOR IC AL C ON T E X T The tentatively approved one year contract settlement includes the following significant changes: W ages: A 3% wage adjustment and a market rate adjustment of 4% to all pay grades. An increase of $.50/hour for A P W A certificate pay for those employees who have completed 5 years of service in the Public W orks Worker job title. An increase of $35 to the uniform and clothing allowance. Health and Dental I nsurance: The same health and dental insurance employer contributions as all other bargaining and non-bargaining groups. Vacation Leave Sell-Back: I ncreasing the amount of vacation sell-back hours for the year 2022 to 64 hours. Bereavement Leave: Adding in language to include use of bereavement leave for miscarriage or still-birth of a child. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): The City has met and negotiated in good faith with the Union and its representatives and is bound under the Public Employer's Labor Relations Act to meet and bargain over the terms and conditions of employment. The proposed settlement for the health and dental insurance provisions is identical to those provided to both union and non-union City employees. The City has a long history of providing the same level of insurance benefits to all eligible City employees. The 3.00% cost of living wage increase is the same increase implemented for non-union City employees and other contracts settled for 2022. The 4.00% market rate wage adjustments and health insurance contribution is comparable to other bargaining groups in similar metro cities. A survey of comparable cities indicates that those cities are providing an average of a 3.00 % cost of living increase, in addition to implementing other incentives, and other pay plan adjustments such as salary step additions. The City has a long history of trying to remain as close to the mid- range as possible in terms of wages and benefits. The adjustments proposed and agreed upon wages will allow the City to continue this practice and remain an employer of choice. The wage adjustment for 2022 is the City's and Union's best estimation of what will be the average of such settlements in the metro area. C.C R IT IC AL T IMIN G IS S U E S: I n order to allow the City's accounting personnel to modify payroll records in a timely manner for 2022 wages and benefits and in order to not further delay any pay due to employees, it is recommended that the City Council act on February 22, 2022, to adopt a resolution providing for contract changes, effective J anuary 1, 2022. D.F IN AN C IAL IMPAC T: A 3.00% wage increase for contract year 2022. A market rate adjustment of 4.00% to all pay grades for the contract year 2022. An increase to the licensure/certification pay from $1.00/hour to $1.50/hour, but will only now be effective for employees who have completed 5 years of service in the Public W orks Worker job title . An increase of $35 to the clothing/uniforms/boots allowance to $575 per year. E.L E GAL C ON S ID E R AT ION: I f the terms of this agreement are not approved, further negotiation and/or mediation will be necessary. ALTE R N AT IV E R E C O MME N D ATIO N(S): Do not approve the terms of this agreement and prepare for further negotiation and/or mediation. Defer discussion to another date. P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: None AT TAC H ME N T S: D escription Type 2022 L abor and Trades C ontract Resolution Resolution L etter RESOLUTION NO. RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 49 BARGAINING UNIT FOR YEAR 2022 WHEREAS, the City Manager and the International Union of Operating Engineers, Local 49 have reached an understanding concerning conditions of employment for 2022; and WHEREAS, it would be inappropriate to penalize Local 49 members who have negotiated in good faith; and WHEREAS, the City Ordinance requires that contracts between the City and the exclusive representative of the employees in an appropriate bargaining unit shall be completed by Council resolution. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the Labor Agreement between the City of Richfield and International Union of Operating Engineers, Local 49 Bargaining Unit, for 2022 under the provisions of the Labor Agreement to be implemented effective January 1, 2022 and authorize the City Manager to execute the contract. Adopted by the City Council of the City of Richfield, Minnesota this 22nd day of February 2022. _______________________________ Maria Regan Gonzalez Mayor ATTEST: ______________________________ Kari Sinning City Clerk AGENDA SECTION:RESOLUTIONS AGENDA ITEM #8. STAFF RE P ORT NO. 34 CIT Y COUNCIL ME E T ING 2/22/2022 RE P O RT P RE PA RE D B Y: B en Manibog, Transportation E ngineer D E PA RTME NT D IRE C TO R RE V IE W: K ristin A sher, P ublic Works D irector 2/15/2022 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 2/16/2022 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consider approval of a resolution granting Municipal Consent for MnD O T's I-494 Corridor Vision Project 1 proposed final layout. E X E C UT IV E S UM M ARY: I-494 Corridor Vision Project 1 Elements Following the reading of this Executive Summary, Richfield Transportation Engineer Ben Manibog will briefly present the elements of the I -494 Corridor Vision Project 1 proposed final layout under consideration for Municipal Consent. Municipal Consent Process The MnDOT proposed final layout for Project 1 of the I-494 Corridor Vision was received by the City of Richfield on September 24, 2021 for municipal consent. T he municipal consent process is designed to give municipalities an opportunity to provide formal input into the project design. According to state law, the City has a right to review and approve or disapprove the project’s proposed final layout because the proposed Project 1 alters highway access, adds additional capacity, and requires the acquisition of permanent rights-of-way. Following receipt of the proposed final layout, the project team held a public information open house on October 13, 2021 at Richfield City Hall. On October 20, 2021, the project team held a W ork Session focused on the Project 1 elements and Municipal Consent process/timeline. Minnesota Statutes 161.164 required that the City Council conduct a public hearing on the proposed final layout as part of the municipal consent process which was held on November 23, 2021. Minnesota Statutes also requires the municipality to approve or disapprove the proposed final layout within 90 days of the public hearing; February 22, 2022 is the 89th day following the public hearing. More information on municipal consent is included in the "I-494: Airport to Highway 169 Project 1 Municipal Consent" brief attached to this staff report. RE C O M M E ND E D AC T I O N: By Motion: Approve the resolution granting Municipal Consent for MnD O T's I-494 Corridor Vision Project 1 proposed final layout. 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 Project Overview Project 1 will construct an E-Z Pass lane on I -494 from TH 100 to I -35W in each direction, Phase 1 of the turbine interchange at the I -494/I -35W interchange, access changes at Penn and replacement of the bridges and access changes at Nicollet, Portland, and 12th Avenues. A new pedestrian/bicycle bridge near Chicago Avenue will also be constructed over I -494. Construction will include replacement of existing pavement, drainage, construction of retaining walls, sidewalks, bike lanes, signing, lighting, and traffic management. I mportant Richfield Considerations Following the October 20, 2021 I -494 Corridor Vision Project 1 Work Session, the project team began working toward addressing concerns that were raised at the meeting, which included: Community Outreach & Visual Quality Advisory Committee Local Traffic I mpacts between Portland and 12th Ave Noise Walls Construction Staging Cost Participation Remnant Right-of-W ay (ROW ) Parcels 76th St and Girard Ave Safety Concerns A City Council memo dated February 3, 2022 detailed the status of these considerations and is attached to this staff report for additional context. In summary, staff feels the items related to municipal consent are resolved and recommends approval of the project. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Minnesota Statutes, sections 161.162 through 161.167 govern the municipal consent process for MnD OT projects that involve the construction, reconstruction, or improvement of any route on the trunk highway system lying within any municipality which alter access, increase or reduce traffic capacity, or require acquisition of permanent rights-of-way. The proposed I -494 Corridor Vision Project 1 triggered the statutory municipal consent process because it alters highway access, adds additional capacity, and requires the acquisition of permanent rights-of-way. C.C R IT IC AL T IMIN G IS S U E S: The statutory deadline for approval or disapproval of the project is February 23, 2022 therefore, the City Council must take action at this City Council meeting. I f no official City Council action is taken, the proposed project layout is considered approved. D.F IN AN C IAL IMPAC T: The current project cost participation estimates remain relatively unchanged since October 2021 (summary is attached). You’ll see maintenance has a placeholder as ownership and maintenance discussions are ongoing. Although long-term ownership and maintenance items remain unresolved at this time, they are technically not a consideration in the municipal consent approval. Richfield’s current cost participation estimate is $1,425,291, which will be paid for using MS A construction funds, utility funds, and other city funds. E.L E GAL C ON S ID E R AT ION: The municipal consent process is governed by Minnesota Statutes, sections 161.162 through 161.167. The City Attorney has reviewed the resolution 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: MnD OT Project Staff Amber Blanchard and April Crockett AT TAC H ME N T S: D escription Type Resolution Resolution L etter C ost P articipation S ummary B ackup Material Municipal consent process background E xhibit 494 Municipal C onsent Update C ouncil Memo B ackup Material MnD O T P resentation from November 2021 P ublic Hearing P resentation RESOLUTION NO. RESOLUTION PROVIDING MUNICIPAL CONSENT TO THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR THE I-494 CORRIDOR VISION PROJECT 1 PROPOSED FINAL LAYOUT (SP 2785-424) WHEREAS, the City Council of the City of Richfield is the official governing body of the City of Richfield, Minnesota; and WHEREAS, the Minnesota Department of Transportation (MnDOT) I -494 Corridor Vision Project 1 (the “Project”) will construct an E-Z Pass lane on I-494 from TH 100 to I- 35W in each direction, a turbine interchange at the I-494/I-35W interchange, access changes at Penn and replacement of bridges and access changes at Nicollet, Portland, and 12th Avenues. A new pedestrian/bicycle bridge near Chicago Avenue will also be constructed over I-494; and WHEREAS, construction will also include replacement of existing pavement, drainage, construction of retaining walls, sidewalks, bike lanes, signing, lighting, and traffic management; and WHEREAS, Minnesota Statutes Section 161.164 provides, “Before proceeding with the construction, reconstruction, or improvement of any route on the trunk highway system lying within any municipality, the commissioner [of transportation] shall submit to its governing body a final layout and project report covering the purpose, route location, and proposed design of the highway... [which] must include a good-faith cost estimate of all the costs in which the governing body is expected to participate... The governing body shall, within 60 days of receiving a final layout from the commissioner, conduct a public hearing at which the Department of Transportation shall present the final layout for the project... Within 90 days from the date of the public hearing, the governing body shall approve or disapprove the final layout in writing…”; and WHEREAS, the Project proposes the following benefits to the region: A) reduce traffic congestion and improve reliability of average rush hour trip, B) improve safety for all modes, C) provide a transit advantage to increase the number of people who can be efficiently moved through the area, D) restore pavement to preserve infrastructure and provide a smoother ride, E) preserve existing bridges, F) improve drainage systems to reduce localized flooding and reduce run-off into the Minnesota River, and G) improve connectivity for pedestrians and bicyclists crossing I-494; and WHEREAS, on September 24, 2021, MnDOT submitted the proposed Final Layout and other supportive materials and data to the City and requested the City’s consent to and approval of the proposed Final Layout pursuant to the provisions of Minnesota Statutes Section 161.164; and WHEREAS, the Project is proposed to be administered by MnDOT via the design - build project delivery method, with the contract anticipated to be let in spring 2023 with Project completion in late 2026; and WHEREAS, pursuant to the provisions of Minnesota Statutes Section 161.164, the City scheduled a public hearing, conducted a public hearing, provid ed at least 30-days’ notice of the public hearing and has 90 days from the date of the Public Hearing to approve or disapprove the proposed Final Layout by resolution; and WHEREAS, at said public hearing, officials of the Minnesota Department of Transportation presented plans for review and responded to questions, and the City Council received comments regarding these plans from the public and City staff and considered all the materials and testimony which had been presented. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Richfield approves the plans and proposed Final Layout submitted by the Minnesota Department of Transportation on September 24, 2021 and presented at the November 23, 2021 Public Hearing and will cooperate with MnDOT for the successful construction of this Project. Adopted by the City Council of the City of Richfield, Minnesota this 22nd day of February, 2022. Maria Regan Gonzalez, Mayor ATTEST: Kari Sinning, City Clerk PARTICIPANT SUBTOTAL INFRA 10% Contingency 20% Engineering TOTAL COST PARTICIPATION Anticipated Maintenance Total MNDOT $47,095,530 $50,100,864 $9,719,639 $21,383,207 $128,299,240 $0 COUNTY $1,935,993 $193,599 $425,919 $2,555,511 $0 CITY OF BLOOMINGTON $1,364,154 $136,415 $300,114 $1,800,684 $0 CITY OF RICHFIELD $1,079,766 $107,977 $237,549 $1,425,291 $0 METRO TRANSIT $314,440 $31,444 $69,177 $415,061 $0 MAC $0 $0 $0 $0 I-494: Airport to Highway 169 Project 1 Municipal Consent Request for Municipal Consent Attached you’ll find MnDOT’s request for Municipal Consent (MC) of Project 1 as approved by the Policy Advisory Committee. The submittal of their MC package triggers the MC statute requiring local agencies to either approve or disapprove the project by February 22, 2022. Statutory Trigger for Muncipal Consent Minnesota Statutes, sections 161.162 through 161.167 governs the MC process for MnDOT projects that involve the construction, reconstruction, or improvement of any route on the trunk highway system lying within any municipality which alter access, increase or reduce traffic capacity, or require acquisition of permanent rights-of-way. The proposed I-494: Airport to 169 Project 1 triggers the statutory MC process because it alters highway access, adds additional capacity, and requires the acquisition of permanent rights-of-way. Minnesota Statutes, section 161.164 describes the City’s responsibilities and timeline for action for a project that triggers the MC statute: 1.The Municipality receives the final project layout and other required items from MnDOT; 2.Within 15 days of receiving the final layout, schedule a public hearing; 3.Provide at least 30 days’ notice of the public hearing; 4.Within 60 days of receiving the final layout, conduct the public hearing; and 5.Within 90 days of the public hearing, approve or disapprove the layout by resolution (must be complete on or by day 150 from the receipt of final layout). Role of City Council The role of the City Council is to thoroughly vet the project with the interests of their Ward, the City, and the Region in mind. While the opportunity for public input and changes to most of the detailed project elements has passed, the City Council is now tasked with approving or disapproving the larger project as a whole on behalf of these stakeholders. If the City Council approves the final layout or does not disapprove the final layout via resolution within 90 days from the date of the public hearing (item 5 above), the final layout is deemed approved and MnDOT may continue with project development. If the City Council disapproves the final layout via resolution, MnDOT may make changes requested by the City, decide to not proceed with the project, or appeal the final layout rejection via an appeal board. This appeal board process is described at length in Minnesota Statutes section 161.164, subdivision 2 & 3, & section 161.165. Actions Following Disapproval Disapproval of the project would almost certainly result in MnDOT referring the final layout to the Appeal Board laid out in Minnesota Statutes, section 161.165 which would trigger a hearing within 30 days of referral. The Appeal Board would consist of one member appointed by MnDOT, one member appointed by the City, and one member appointed by mutual agreement of the City and MnDOT. In short, the Appeal Board could recommend: 1.Approval of the final layout and MnDOT would proceed with project development; 2.Approval of the final layout with changes and MnDOT could: I.agree to the changes; II.decide not proceed with the project; or III.decide to move forward with the final layout and explain why to the City and Appeal Board in a report stating fully the reasons for doing so; or 3.Disapproval of the final layout and MnDOT could: I.decide not to proceed with the project; or II.decide to move forward with the final layout and explain why to the City and Appeal Board in a report stating fully the reasons for doing so. If at any time in the Appeal Board process MnDOT agrees to layout changes that affect highway access, traffic capacity, or require additional acquisition of permanent rights-of- way, the final layout would be required to restart the entire Municipal Consent process described in the section titled “Statutory Trigger for Municipal Consent” above. Considerations It is important that the City Council recognize the regional, State, and Federal significance of this project when considering authorizing MC. Staff is confident and genuinely believes that after years of work towards the larger “I-494 Vision” and Project 1 specifically, MnDOT has been responsive to Richfield’s concerns and that the final layout is agreeable to the future of our City. The collaborative nature of the intergovernmental I-494 Technical Advisory Committee (TAC) and Policy Advisory Committee (PAC) has resulted in a Project 1 that is beneficial to all involved but perfect for none. Metropolitan District 1500 West County Road B2 Roseville, MN 55113 September 24, 2021 Kristin Asher, P.E. City of Richfield – Public Works Director 6700 Portland Ave Richfield, MN 55423 Dear Ms. Asher, MnDOT is in the process of developing Project 1 of the I-494 Corridor Vision. Project 1 will construct an E-ZPass lane on I-494 from TH 100 to I-35W in each direction, a turbine interchange at the I-494 over I-35W interchange, and change access at Nicollet, Portland, and 12th Avenues. This work will also include the replacement of the bridges at Nicollet, Portland, and 12th Avenues, as well as construct a new pedestrian/bicycle bridge near Chicago Avenue. Construction will include replacement of existing pavement, drainage, construction of retaining walls, sidewalks, bike lanes, signing, lighting, and traffic management. Project 1 is being developed for a letting on April 19, 2023 as a design-build project. Project 1 proposes the following benefits to the region: •Reduce traffic congestion and improve reliability of the average rush-hour trip •Improve safety for all modes •Provide a transit advantage to increase the number of people who can be efficiently moved through the area •Restore pavement to preserve infrastructure and provide a smoother ride •Preserve existing bridges •Improve drainage systems to reduce localized flooding and reduce run-off into the Minnesota River •Improve connectivity for pedestrians and bicyclists crossing I-494 Project 1 is the first of four phases of the I-494 Corridor Vision Implementation Plan which looks to construct managed lanes from Highway 169 to the Minneapolis/St. Paul International Airport. The Implementation Plan was determined using a set of criteria which included constructability, community support, equity, asset management, cost/funding, and operations/safety. Attachment #1 MnDOT is asking the City of Richfield to approve the proposed layout as it requires the acquisition of right of way and is adding additional capacity. Municipal consent of MnDOT projects is described in Minnesota Statutes 161.162 through 161.167 (attached). The deadlines (per MN Statute 161.164) for the City’s responsibilities regarding municipal consent of the attached layout are as follows: •Within 15 days of receiving the final layout, schedule a public hearing. •Within 60 days of receiving the final layout, conduct the public hearing. •Provide at least 30 days’ notice of the public hearing. •Within 90 days of the public hearing, approve or disapprove the layout by resolution. MnDOT will attend the public hearing to present the final layout and answer questions, as required by statute. At this point, the total participation required by the city is estimated to be approximately $1,145,385 as identified in the attached estimate which is still being discussed with the cities and Hennepin County. Any cost participation and identified maintenance responsibilities will be handled as part of a cooperative construction agreement developed between MnDOT and the City. I would be happy to work with you as we traverse our way through this process. MnDOT will be available to give presentations and/or answer any questions that you may have regarding Project 1 or this process. Sincerely, Amber Blanchard, P.E. MnDOT Metro District Major Projects Manager/I494 Corridor Director CC: Andrew Lutaya, MnDOT West Area Engineer/Project Manager April Crockett, MnDOT West Area Manager file Equal Opportunity Employer Date: February 3, 2022 Item No. 02 To: The Honorable Mayor and Members of the City Council From: Katie Rodriguez, City Manager CC: Kristin Asher, Public Works Director Subject: 494 Municipal Consent Update Municipal Consent In October 2021, the Council was sent a document providing background on the Municipal Consent process and timeline for I-494 Project 1 (attached for context). As part of the Municipal Consent process, the City Council is tasked with approving or disapproving the project’s final layout. Minnesota Statutes makes it clear that the Municipal Consent process and approval of the project’s final layout does not include approval of a cost participation agreement between the City and the State. That said, staff is comfortable with the estimated costs the City is currently identified to put forth for the construction as part of our cost participation. On February 22, 2022, the City Council will consider providing Municipal Consent on Project 1 of the I-494: 169 to MSP Airport vision. At this time, staff is recommending that the City provide municipal consent. This memo will give you an update on the specific items of concern identified at the work session held on October 20, 2021, all of which staff is considering resolved. Long-term maintenance discussions are just beginning with MnDOT staff and are outlined below. Community Outreach/Visual Quality Advisory Committee Public engagement, community representation, and place-making have been and will continue to be an important aspect of this project for Richfield. Since November, the project team has convened a Visual Quality Advisory Committee (VQAC) to further develop the Visual Quality Manual (VQM) which will guide aesthetic qualities of the project and the corridor’s visual elements. The process will also identify opportunities for public art installations that could be pursued by the local municipalities. The VQAC includes local agency and community representatives, including two representatives from AEON who have helped relay feedback to/from their residents. The VQAC team continues to hold public meetings and pop up events outreaching to the public about the project as well as to gather feedback on the VQM items in multiple cities along the corridor. Staff feels this effort is going well and the City Council will be provided an informational update on this effort at the February 8th, 2022 Joint Work Session. Local Traffic Impacts between Portland Ave and 12th Ave A MnDOT traffic analysis determined that there will not be significant delay or safety concerns for drivers turning onto 77th St from Chicago Ave. Therefore, a traffic signal at 77th St and Chicago Ave is not necessary. MnDOT considered projected traffic volumes during and after I-494 construction as well as future access changes on 78th St. Pedestrian demand to cross 77th St at Chicago Ave will remain with the existing Bus Route 540. The route now connects riders to the Orange Line Bus Rapid Transit and will connect to Mall of America via the future 77th St underpass. As a part of the project’s construction, MnDOT has agreed to complete road striping changes in order to install a pedestrian refuge and allow for the future installation of a rapid rectangular flashing beacon (RRFB), if the City chooses to install one. Staff feels this item has been resolved. Noise Walls MnDOT recognized how important inclusion of noise walls is to the City in certain locations throughout the corridor and has been moving that process along. Before noise walls can move forward, the location must be deemed reasonably feasible for a noise wall which is fundamentally a cost-benefit analysis. MnDOT has identified four locations for possible noise wall installation on the south side of 78th St: • From York Ave to Penn Ave • From 7735 2nd Ave to 7731 4th Ave • From Portland Ave to 12th Ave • From 12th Ave to Bloomington Ave Property owners and residents along these segments will receive notices and voting ballots from MnDOT. Ultimately, property owners and residents will decide whether the noise walls are constructed. More information on the noise wall voting process is available on the project website and on MnDOT’s website. Noise wall construction, if approved, will be a state expense. The city does not have cost participation for noise walls. Staff feels this process is necessary and appropriate. Construction Staging Because the project has substantial disruptions to residents, businesses and I-494 corridor users during construction, the City has strongly advocated for the first elements of construction to include the construction of the pedestrian bridge at Chicago Avenue and the replacement of the Portland Avenue interchange. Unfortunately, MnDOT can only guarantee that the pedestrian bridge will be the first element of construction and the staging of the bridge replacements will be left up to the selected contractor since this is a “design-build” project. This design-build process is to ensure flexibility exists for the contractor. MnDOT is running a closure scenario that has the Portland interchange reconstructed in the early stages to understand construction traffic impacts. Hennepin County, Richfield, and Bloomington have had input and participation in the analysis. These efforts will last into summer 2022. If the design-build contractor elects to stage construction outside of the existing study scenario which includes the Portland interchange being reconstructed in the early stages, they will be required to perform a similar traffic impact analysis with local agency input. Staff feels this item is resolved. Cost Participation The current project cost participation estimates remain relatively unchanged since October 2021, including the absence of an estimate related to the stormwater facilities needed for the project. As is typical with regional cooperative projects, there are elements that will require local cost participation. The following items will be either shared costs with Bloomington and Hennepin County or paid fully by the city, as requested: • Roadway lighting along 78th Street, 12th Avenue, and bridge crossings • Widening of bridges beyond MnDOT’s standard (snow storage, bike lanes) • Any public art elements included in construction • City specific requests o additional utility work o various trails north of I-494 o 12th Ave resurfacing to 77th Street The stormwater cost participation elements are not yet known because MnDOT has not completed the stormwater preliminary layout and design. There are anticipated costs related to the stormwater adjustments needed to hook up to the system at local intersections. These costs are expected to be minor. Ultimately, the actual cost participation will be determined upon receipt of the winning contractor bid amount. Staff feels this item is resolved. Remnant right of way (ROW) parcels Richfield has continually expressed interest in acquiring any remnant parcels created by this project for possible redevelopment; as well as concerns over future uses not being in the best interest of the City. MnDOT has indicated that the right of way (ROW ) process will take years because the State must determine if the parcels need to be retained for ROW purposes before they could sell them. The following was provided by MnDOT staff: For acquisitions occurring after May 2006 and the property is no longer needed for trunk highway purposes - the former owner, or owner of the remainder, always has the right of first refusal if MnDOT acquires the property through Eminent Domain. If MnDOT acquired it through Direct Purchase, and the City/LGA asks to purchase it from MnDOT before the former owner inquires about purchasing it, MnDOT can work with the City/LGA. The next option would to be to put it out for public bid. As a reminder, everything is at fair market value. The same process applies for those remnant areas created by the ramp removals. Much of the existing right of way in this corridor is easement, so for the land the ramps currently sit on the underlying fee would need to be addressed by whoever is wanting to purchase the property after the determination this land is no longer needed for trunk highway purposes. https://www.dot.state.mn.us/row/pdfs/RWManuals/RW_Manual2015_07-26-2018.pdf (see page 282 Figure 801A State R/W Requests Flow Chart for more information, chart also attached) Staff feels that this item has been resolved. 76th St and Girard Ave safety concerns There have been safety concerns identified at the 76th St/Girard Ave signal for many years. Historically, the new 494/35W interchange resulted in a flyover ramp at 76th Street to/from I-35W that would address the issues with the ramp. However, the need for the flyover ramp at 76th Street was eliminated once the interchange was redesigned, but the safety concerns persist. As a result, any future improvements at this intersection would be driven by the City and MnDOT has agreed to participate. Staff expects a study to be initiated in the near future to look at possible solutions at this location and feels this item is resolved. Long-Term Ownership and Maintenance Since the October work session, MnDOT has begun discussions related to long-term maintenance items. These discussions are on-going at this time and have not been resolved; however, they are not a consideration in the municipal consent approval but provided here for informational purposes. Bridge Ownership & Maintenance MnDOT presented their bridge ownership and maintenance guidance that was released in August 2020. It has been agreed that all bridges will be owned by the state, including the new Chicago Pedestrian Bridge, however, discussions are ongoing at this time related to future cost-sharing of bridge inspections, major maintenance, and future replacement. Facilities Maintenance There are long-term maintenance costs related to noisewalls, stormwater elements, signage, etc. that have been identified as items, but are yet to be discussed. These facilities would likely include a fair amount of routine maintenance (i.e., annual inspections, cleaning, repairs, dredging). Please reach out to Public Works Director Asher with any questions at 612-861-9795 or kasher@richfieldmn.gov. I-494: Airport to Highway 169 Project 1 Municipal Consent Request for Municipal Consent Attached you’ll find MnDOT’s request for Municipal Consent (MC) of Project 1 as approved by the Policy Advisory Committee. The submittal of their MC package triggers the MC statute requiring local agencies to either approve or disapprove the project by February 22, 2022. Statutory Trigger for Muncipal Consent Minnesota Statutes, sections 161.162 through 161.167 governs the MC process for MnDOT projects that involve the construction, reconstruction, or improvement of any route on the trunk highway system lying within any municipality which alter access, increase or reduce traffic capacity, or require acquisition of permanent rights-of-way. The proposed I-494: Airport to 169 Project 1 triggers the statutory MC process because it alters highway access, adds additional capacity, and requires the acquisition of permanent rights-of-way. Minnesota Statutes, section 161.164 describes the City’s responsibilities and timeline for action for a project that triggers the MC statute: 1. The Municipality receives the final project layout and other required items from MnDOT; 2. Within 15 days of receiving the final layout, schedule a public hearing; 3. Provide at least 30 days’ notice of the public hearing; 4. Within 60 days of receiving the final layout, conduct the public hearing; and 5. Within 90 days of the public hearing, approve or disapprove the layout by resolution (must be complete on or by day 150 from the receipt of final layout). Role of City Council The role of the City Council is to thoroughly vet the project with the interests of their Ward, the City, and the Region in mind. While the opportunity for public input and changes to most of the detailed project elements has passed, the City Council is now tasked with approving or disapproving the larger project as a whole on behalf of these stakeholders. If the City Council approves the final layout or does not disapprove the final layout via resolution within 90 days from the date of the public hearing (item 5 above), the final layout is deemed approved and MnDOT may continue with project development. If the City Council disapproves the final layout via resolution, MnDOT may make changes requested by the City, decide to not proceed with the project, or appeal the final layout rejection via an appeal board. This appeal board process is described at length in Minnesota Statutes section 161.164, subdivision 2 & 3, & section 161.165. Actions Following Disapproval Disapproval of the project would almost certainly result in MnDOT referring the final layout to the Appeal Board laid out in Minnesota Statutes, section 161.165 which would trigger a hearing within 30 days of referral. The Appeal Board would consist of one member appointed by MnDOT, one member appointed by the City, and one member appointed by mutual agreement of the City and MnDOT. In short, the Appeal Board could recommend: 1. Approval of the final layout and MnDOT would proceed with project development; 2. Approval of the final layout with changes and MnDOT could: I. agree to the changes; II. decide not proceed with the project; or III. decide to move forward with the final layout and explain why to the City and Appeal Board in a report stating fully the reasons for doing so; or 3. Disapproval of the final layout and MnDOT could: I. decide not to proceed with the project; or II. decide to move forward with the final layout and explain why to the City and Appeal Board in a report stating fully the reasons for doing so. If at any time in the Appeal Board process MnDOT agrees to layout changes that affect highway access, traffic capacity, or require additional acquisition of permanent rights -of- way, the final layout would be required to restart the entire Municipal Consent process described in the section titled “Statutory Trigger for Municipal Consent” above. Considerations It is important that the City Council recognize the regional, State, and Federal significance of this project when considering authorizing MC. Staff is confident and genuinely believes that after years of work towards the larger “I-494 Vision” and Project 1 specifically, MnDOT has been responsive to Richfield’s concerns and that the final layout is agreeable to the future of our City. The collaborative nature of the intergovernmental I-494 Technical Advisory Committee (TAC) and Policy Advisory Committee (PAC) has resulted in a Project 1 that is beneficial to all involved but perfect for none. I-494: Airport to Hwy 169 Richfield Municipal Consent Public Hearing November 23, 2021 Insert video here Municipal Consent •MN Statutes 161.162 to 161.167 •Opportunity for municipalities to comment and approve of the project layout (MN Statute 161.164) •Applies when projects alter access, increase or reduce highway traffic capacity, or requires acquisition of permanent rights-of-way (MN Statute 161.163) •Requested on I494 due to changes in access, capacity, and right of way 11/23/2021 3 I-35W & I-494 Interchange Access Changes 11/23/2021 4 11/23/2021 5 Nicollet, Portland & 12th Ave Access Changes Change to Frontage Road Connection Change to Frontage Road Connection Mainline Capacity Expansion 11/23/2021 6 Right-of-Way Needs 11/23/2021 7 I-494 between Penn Ave and I-494/I-35W Interchange Right-of-Way Needs 11/23/2021 8 I-494 along frontage road between Chicago Ave and 12th Ave I-494 and Portland Ave Outreach update First Construction Project Outreach •Virtual Open House updates •Penn Fest Pop-up Workshop –09/19 •Richfield Public Open House –10/13 •Bloomington Public Open House –10/19 11/23/2021 9 Open House Materials: •Municipal Consent Layouts on tables •Recorded Presentation with background information •Handouts with website links and brochure on noise wall process First Construction Outreach 11/23/2021 10 Richfield Public Open House •Approx. 35 participants •Attendee comments included: •General support for project •Concern for businesses impacted by ROW needs •Questions on change in travel patterns and access to specific locations Virtual Open House 11/23/2021 11 Richfield Public Open House •Updates highlight first construction project Approx. 1,600 visitors between September and October Cost Participation •Current estimate for City of Richfield cost share -$1.1 Million a)Roadway Reconstruction -$52,000 b)Bridge Reconstruction -$200,000 c)Sidewalks & Trails -$275,000 d)Lighting -$210,000 e)Signal Replacement -$125,000 f)Contingency & Engineering -$238,000 •Items still exploring a)Drainage b)Utility Relocations c)VQM –Aesthetics d)Long-term maintenance/ownership 11/23/2021 12 Next Steps 11/23/2021 13 FUNDING SOURCES Corridors of Commerce, Local, State and Federal funds will be used CONSTRUCTION Construction is planned to begin in late summer 2023 ONGOING OUTREACH Environmental review process, noise wall locations and local aesthetic recommendations FIRST PROJECT COSTS For more information and provide comments Visit the MnDOT I-494 website: http://www.dot.state.mn.us/metro/projects/i494-airport- hwy169/index.html Visit the online open house website: https://www.494openhouse.com/ 11/23/2021 14 Mainline Capacity Expansion 11/23/2021 15 Frontage Road Reconstruction Frontage Road Realignment Mainline Capacity Expansion 11/23/2021 16 Frontage Road Reconstruction Frontage Road Reconstruction Right-of-Way Needs 11/23/2021 17 Right-of-Way Needs 11/23/2021 18 Right-of-Way Needs 11/23/2021 19 Right-of-Way Needs 11/23/2021 20 Right-of-Way Needs 11/23/2021 21 Right-of-Way Needs 11/23/2021 22 Right-of-Way Needs 11/23/2021 23 First Construction Project Staging 11/23/2021 mndot.gov 24 First Construction Project Staging •2023 a)Begin Design b)Minor temporary construction Legend Temporary Construction Permanent Construction •2024 •Complete Design •Construct a)494 EB widening b)Penn Ave ramps and 35W north side ramps c)35W fly over for turbine interchange d)Pedestrian bridge near Portland Ave Legend Temporary Construction Permanent Construction First Construction Project Staging •2025 •Construct a)494 Medians b)494 EB half of 35W bridge and turbine bridge c)WB 494 Traffic bypass using turbine at 35W d)South half of 35W/494 ramps e)Portland Ave and bridge Legend Temporary Construction Permanent Construction First Construction Project Staging •2026 •Construct a)494 WB widening and completion of remaining roadway b)494 WB half of 35W bridge and turbine bridge •WB 494 Traffic bypass using turbine at 35W c)82nd St / 35W braid bridge d)Nicollet Ave bridge and 12th Ave bridge Legend Temporary Construction Permanent Construction First Construction Project Staging AGENDA SECTION:OTHER BUSINESS AGENDA ITEM #9. STAFF RE P ORT NO. 35 CIT Y COUNCIL ME E T ING 2/22/2022 RE P O RT P RE PA RE D B Y: Lynnette C hambers, Multifamily Housing C oordinator D E PA RTME NT D IRE C TO R RE V IE W: Melissa P oehlman, C ommunity D evelopment D irector 2/15/2022 O THE R D E PA RTM E NT RE V IE W: N/A C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager 2/16/2022 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consider the approval of funding allocations for non-profit agencies to provide social services to the residents of Richfield and authorization of the City Manager to execute agreements with those agencies. E X E C UT IV E S UM M ARY: The 2022 City Budget includes funding for organizations that provide social services that are deemed to be of benefit to the City and the community in general. The 2022 Budget includes $72,600 for this purpose. I n November 2021, staff distributed a Request for Proposals for Social Services to non-profit agencies serving the City of Richfield for services to be provided in 2022. A total of 8 proposals were received from the following agencies: Headway Emotional Health (The Storefront Group) Cornerstone Advocacy Services The Family Partnership Transportation Resources to Aid I ndependent Living (TRA I L) Volunteers Enlisted to Assist People (V E A P) Loaves and Fishes Senior Community Services Modulo De I nformacion De Recursos Y Apoyo (MI RA) T he proposals represent a wide variety of social services offered to Richfield residents. T he organizations requested a total amount of $98,285, exceeding the City's available funding by $25,685. Two Richfield residents assisted two staff members and one Council member in the review of proposals and subsequent funding recommendations. The review committee's recommendations took into account the type of service(s) to be provided, the target population(s) to be served, and past performance of the social service agency. The following table details the review committee's recommendations: Organization 2022 Proposal Request 2022 Recommendation Headway/Storefront $12,000 $8,000 Cornerstone $15,000 $12,000 TRA I L $3,000 $3,000 V E A P $25,000 $22,000 Loaves and Fishes $8,000 $6,600 The Family Partnership $15,000 $10,000 Senior Community Services $10,000 $7,500 MI RA $5,285 $3,500 TO TAL $98,285 $72,600 A complete overview of all services to be provided by the various organizations is attached. RE C O M M E ND E D AC T I O N: By motion: Approve the funding recommendations for non-profit agencies providing social services to residents of Richfield and authorize the City Manager to execute agreements for services with those agencies. B AS IS O F RE C O M M E ND AT I O N: A.H IS TOR IC AL C ON T E X T T he City of Richfield has historically allocated funds on an annual basis to social service agencies serving the Richfield community. In 2012, the City was required to make changes to its funding practices due to independent audit findings, resulting in the discontinuation of grant funding to social service agencies beginning in 2013. T he City is not authorized to provide grant funding to social service agencies; however, it has been determined that the City can enter into agreements for services with agencies for specific services that are compatible with City activities. T he 2022 recommendations are based on the following criteria: Demonstrated need of the proposed service for the targeted population. Compatibility with City functions/activities. Partnership and/or assistance with various City services (e.g., public safety). Efforts to serve low-income persons of all races/cultures/ethnicity. Demonstrated value to the community. Past performance. Cost of services and number of persons served. Certified Non-Profit agency. T he following chart provides a three-year history of the City of Richfield social service funding to the responding agencies (fields left blank indicate no proposal was made or proposal not funded): Organization 2019 2020 2021 Headway $9,000 $8,000 $8,000 Cornerstone $12,500 $10,550 $10,550 TRA I L $4,250 $4,000 - V E A P $21,230 $21,230 $21,160 Loaves and Fishes $8,000 $6,000 $6,000 The Family Partnership - $10,000 $10,000 Senior Community Services $9,000 $7,500 $7,500 MI RA $2,000 $3,200 $3,270 Richfield Family Stability Group $4,500 -- Planned Parenthood - -$4,000 TO TAL $70,480 $70,480 $70,480 B.POLICIES (resolutions, ordinances, regulations, statutes, etc): To partner with other agencies as warranted and practical to assist in the delivery of services to City residents. C.CRITICAL TIMING ISSUES: Ser vices are to be provided in the calendar year 2022. Several of these organizations have experienced increased demand for services and greater costs due to the COV ID-19 pandemic. These organizations may qualify for additional allocations of the City's American Rescue Plan Act (ARPA) funds. Planning and decisions regarding the bulk of ARPA funds will be part of the strategic planning and budgeting processes; however, the Council may be asked at a future meeting to direct some funds toward immediate needs. D.FINANCIAL IMPACT: A City Council/Administration 2022 allocation of $72,600 is budgeted for social services. This is a 3% increase from budget year 2021. The amount requested exceeded the City’s available funding by $28,285. E.LEGAL CONSIDERATION: The City Attorney has reviewed the agreements to be executed by the City Manager upon approval. ALTERNATIVE RECOMMENDATION(S): Approve the recommendations with revised allocations. Do not approve the recommendations. PRINCIPAL PARTIES EXPECTED AT MEETING: Representatives of the Social Service Agencies have been invited to attend. ATTACHMENTS: Description Type 2022 Description of Services Backup Material 2022 Social Service RFP Backup Material CITY OF RICHFIELD 2022 APPLICANT SERVICES DESCRIPTIONS FOR OTHER AGENCY DIVISION SOCIAL SERVICE FUNDING ASSISTANCE Agency-Program Description of Services Headway/The Storefront Group – Youth Counseling Program Provide outpatient services, community based counseling, case management, and supportive services to youth and families in Richfield. Modulo de Informacion, Recursos y Apoyo (MIRA) Funding is to support MIRA’s ongoing services to assist the City of Richfield to address areas of need identified in the 2019 survey and 2020 focus groups with Latino residents in four primary ways:  Greater engagement of Latino Residents,  Increased safety and well-being of Latino Residents,  Build City’s reputation, and  Increased awareness of MIRA as a City resource. Cornerstone Advocacy Service – Crisis Intervention Funding is to support Cornerstone’s full continuum of services. Cornerstone provides comprehensive services for Richfield residents who have experienced domestic violence, sexual violence, human traf ficking and general crime. Cornerstone is a pioneer in developing primary prevention and early intervention programs for children and youth. Cornerstone offers crisis intervention services 24/7 and their emergency shelter provides safe refuge when a victim is in imminent danger of assault. Cornerstone provides assistance to victims needing to file an Order for Protection or Harassment Order without cost to that victim. Loaves & Fishes – meals, referrals, and advocacy services Loaves and Fishes is a long-established, volunteer-driven, nonprofit organization providing healthy meals people in need. Our holistic recipe for success is predicated on the knowledge that food is medicine and a basic human right, serving just any kind of meal to hungry residents is shortsighted and ultimately more costly, and proper nutrition helps open the door to opportunity. Loaves and Fishes offer prepared meal service with social service advocacy at 2 community-access locations – at Hope Presbyterian Church and Woodlake Lutheran Church in Richfield. Our robust food rescue operation, as well as our status as the only Minnesota redistributor of Second Harvest Heartland food, supports our meal services in the city of Richfield. Senior Community Services Senior Outreach provides service/case management and supportive counseling to frail older adults and their caregivers to help senior remain as independent as possible and to assist caregivers in providing care while maintaining balance in their lives. TRAIL (Transportation Resource to Aid Independent Living, Inc.) Transportation is something most of us take for granted. For adults with developmental disabilities, it can be limited and expensive. TRAIL meets this need by providing subsidized transportation to recreation, leisure and educational program offered by AR&LE (Adaptive Recreation & Learning Exchange) in Richfield. TRAIL contracts services with transportation provider and subsidizes 80% of the actual costs, allowing riders to pay an affordable $2 roundtrip. VEAP (Volunteers Enlisted to Aid People) VEAP’s Social Services program’s primary goal is to stabilize housing and create a path to consistent stability for low-income individuals, seniors, youth, and families living in or connected to the Richfield community. VEAP strives to do this by providing food, financial, and supportive services that increase access to healthy food and stable housing, minimize or prevent crises, and increase participant resourcefulness. The Family Partnership The Family Partnership’s School-Linked Mental Health program provides one-to-one mental health therapy co-located within Richfield Public Schools. Family Partnership’s also acts as a mental health resource for school staff, students, and parents, providing referrals as well as vital informa tion on mental health. Family Partnership is currently working in Richfield STEM Elementary School, Centennial Elementary, and Richfield Pre K programs. CITY OF RICHFIELD REQUEST FOR PROPOSALS FOR SOCIAL SERVICES 2022 The City of Richfield is seeking proposals for social services from non-profit agencies serving the City of Richfield. Funding parameters and priority goals for the purpose of making the best use of funds are as follows: Funding Parameters  Any non-profit organization is eligible to apply.  Projects must serve Richfield residents.  Services must be compatible with City functions and activities. Priority Goals Projects must address at least one of the following areas:  Services for vulnerable senior residents.  Services for individuals, families, teens and/or children at risk .  Housing support services for low-income persons and persons at risk. Award Criteria Proposals must meet one or more of the following criteria:  Demonstrated need of the proposed service for the targeted population.  Compatibility with City functions/activities.  Partnership and/or assistance with various City services (i.e., public safety).  Efforts to serve low-income persons of all races/cultures/ethnicities.  Demonstrated value to the community.  Certified Non-Profit agency. Proposal’s must be submitted by 4:30 p.m. December 31, 2021 LATE PROPOSALS WILL NOT BE ACCEPTED Proposals must be submitted by 4:30 p.m. December 31, 2021 LATE PROPOSALS WILL NOT BE ACCEPTED PROPOSAL SUBMISSION INSTRUCTIONS The information requested in the attached Request for Proposals must be addressed in your proposal. Submit 1 electronic copy of your agencies proposal by 4:30 p.m. December 31, 2021 (LATE PROPOSALS WILL NOT BE ACCEPTED) to: Lynnette Chambers City of Richfield 6700 Portland Avenue Richfield, MN 55423 lchambers@richfieldmn.gov Applicants may be asked to respond in writing to additional questions. The Richfield City Council will tentatively award contracts for services in February 2022. Agencies awarded contracts will be required to sign a service agreement for calendar year 2022 and submit semi-annual reports on service outcomes. Please contact Lynnette Chambers at 612-861-9773 or lchambers@richfieldmn.gov with any questions. Proposals must be submitted by 4:30 p.m. December 31, 2021 LATE PROPOSALS WILL NOT BE ACCEPTED CITY OF RICHFIELD 2022 REQUEST FOR PROPOSALS FOR SOCIAL SERVICE ASSISTANCE Proposals for social services must include the following: PROPOSAL HEADING 1. Agency name, address, contact person, and phone/fax/email 2. Amount of request 3. Brief description of service(s) provided 4. Identify priority area(s) you are addressing: a) Services for vulnerable senior residents b) Services for individuals, families, teens and/or children at risk c) Housing support services for low-income persons and persons at risk d) Other: Please Specify 5. Explain how the services you are proposing to provide will benefit the City of Richfield. 6. Explain any formal or informal partnership you have with the City of Richfield (i.e., assisting Public Safety through the services you provide, etc.) ADMINISTRATION 1. Provide a mission statement for your agency. 2. Provide verification of your organization’s non-profit legal status. 3. Indicate your total agency budget for 2022. 4. Indicate your proposed project budget for 2022. Itemize proposed expenses and describe as applicable. Indicate both proposed City funds and other funds to support the project. PROGRAM 1. Describe service to be funded, including: a) Brief statement detailing the service and how it is provided b) Target population(s); estimated number of unduplicated individuals you plan to serve residing in the City of Richfield c) Eligibility criteria and process d) How clients are involved in the planning process for service e) Desired client outcomes and methods of evaluating and measuring client progress (use attached “Proposed Outcome/Evaluation Methods” form) 3. Demonstrate the need for the proposed service. 4. Describe outreach efforts to target populations, including immigrant and low-income individuals. Please contact Lynnette Chambers at 612-861-9773 or lchambers@richfieldmn.gov with any questions. Proposals must be submitted by 4:30 p.m. December 31, 2021 LATE PROPOSALS WILL NOT BE ACCEPTED City of Richfield Social Service Programs - 2022 Proposed Outcomes/Evaluation Methods Name of Applicant Organization: Address: Contact Person: Phone: Email: Brief description of service(s): Outcomes: State 3 to 5 measurable outcomes of proposed service(s) – relate outcomes to client progress Outcomes indicate what result, benefit, or change would come from the service provided. Outcomes can be: 1) initial, such as increased knowledge, understanding, or skills; 2) intermediate, such as change in a specific behavior or attitude; or 3) long term, such as a change in the condition or status of people. Indicators: Describe methods of evaluating proposed outcomes – how you will measure client progress