06-11-2024 City Council AgendaREGULAR CITY COUNCIL MEETING
RICHFIELD MUNICIPAL CENTER, COUNCIL CHAMBERS
JUNE 11, 2024
7:00 PM
INTRODUCTORY PROCEEDINGS
Call to order
Pledge of Allegiance
IN MEMORIAM
1.Moment Of Silence Honoring The Life And Service Of Minneapolis Police Officer, Jamal Mitchell, Who Lost His
Life In The Line of Duty
Open forum
Call into the open forum by dialing 1-415-655-0001 Use webinar access code: 2635 863 9398 and password:
1234.
Please refer to the Council Agenda & Minutes web page for additional ways to submit comments.
Approval of the Minutes of the (1) City Council Meeting of May 28, 2024
AGENDA APPROVAL
2.Approval of the Agenda
PRESENTATIONS
3.Proclamation Celebrating Juneteenth
4.Presentation of Food Safety Awards
5.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 Temporary On Sale Intoxicating Liquor license for an event scheduled to take place
July 6, 2024, at Fred Babcock VFW #5555, located at 6715 Lakeshore Dr.
Staff Report No. 75
B.Consider the approval of a resolution for reimbursement of certain expenditures from the
proceeds of street reconstruction bonds and utility bonds to be issued by the City for the
Nicollet Avenue (CSAH 52) Reconstruction Project.
Staff Report No. 76
C.Consider adoption of a resolution modifying a Health Care Savings Plan for International Association of
Firefighters (IAF), Local 1215 bargaining unit employees.
Staff Report No. 77
6.Consideration of items, if any, removed from Consent Calendar
PROPOSED ORDINANCES
7.Consider the approval of the second reading of an ordinance amending Section 925.02 relating to the regulation
of vacant buildings.
Staff Report No. 78
RESOLUTIONS
8.Consider a resolution amending the approved Planned Unit Development/Final Development Plan and
authorizing execution of the proposed amendment to the Parking Agreement with Partnership Academy at 6500
Nicollet Avenue.
Staff Report No. 79
CITY MANAGER’S REPORT
9.City Manager's Report
CLAIMS AND PAYROLLS
10.Claims and Payroll
COUNCIL DISCUSSION
11.Hats Off to Hometown Hits
CLOSED EXECUTIVE SESSION
12.Closed Executive Session regarding the City Manager's annual performance evaluation. Council will move to the
Babcock Room for the closed session portion of the meeting
Staff Report No. 80
13. Adjournment
Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at
least 96 hours in advance to the City Clerk at 612-861-97 11.
CALL TO ORDER
The meeting was called to order by Mayor Supple at 7:00 p.m. in the Council Chambers.
Council Members Present:
Mary Supple, Mayor; Sharon Christensen; Simon Trautmann;
Sean Hayford Oleary; and Ben Whalen
Staff Present:
Katie Rodriguez, City Manager; Sarah Ryan, IT Technician
Others Present: Mara Glubka, Human Rights Commissioner
PLEDGE OF ALLEGIANCE
Mayor Supple led the Pledge of Allegiance.
OPEN FORUM
Mayor Supple reviewed the options to participate:
Participate live by calling 1-415-655-0001 during the open forum portion
Call prior to meeting 612-861-9711
Email prior to meeting kwynn@richfieldmn.gov
Rod Sather, 6321 Thomas Avenue South, thanked the Council and staff for looking into the
Airbnb and Vrbo short term rentals to bring Richfield in line with the neighboring communities.
APPROVAL OF MINUTES
M/Trautmann, S/Christensen to approve the minutes of the: (1) City Council Meeting of May
14, 2024.
Motion carried: 5-0
ITEM #1
APPROVAL OF THE AGENDA
M/Hayford Oleary, S/Whalen to approve the Agenda.
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Council Meeting
May 28, 2024
City Council Meeting Minutes -2- May 28, 2024
Motion carried: 5-0
ITEM #2
PROCLAMATION CELEBRATING PRIDE MONTH
Mayor Supple invited Human Rights Commissioner Mara Glubka to accept the proclamation and
read aloud the proclamation.
Commissioner Glubka thanked the city for the Proclamation.
Council Member Whalen thanked Commissioner Glubka for helping make Richfield a welcoming
place.
ITEM #3
CONSENT CALENDAR
City Manager Rodriguez presented the consent calendar.
A. Consider approval of the first reading of an ordinance amending Section 925.02 relating to
the regulation of vacant buildings (Staff Report No. 71)
B. Consider the adoption of a resolution accepting a Safe Routes to School Infrastructure grant
from the Minnesota Department of Transportation (Staff Report No. 72)
RESOLUTION NO. 12210
RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ACCEPT A SAFE ROUTES
TO SCHOOL INFRASTRUCTURE GRANT FROM THE MINNESOTA DEPARTMENT OF
TRANSPORTATION
C. Consider the adoption of a resolution authorizing Cooperative Construction Agreement No.
10055963 between the City of Richfield and the State of Minnesota Department of
Transportation (MnDOT) for construction of the Highway 62 Noise Wall Project between
Xerxes Ave and Penn Ave (Staff Report No. 73)
RESOLUTION NO. 12211
RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE MINNESOTA
DEPARTMENT OF TRANSPORTATION (MnDOT) COOPERATIVE CONSTRUCTION
AGREEMENT NO. 1055963 FOR CONSTRUCTION OF THE HIGHWAY 62 NOISE WALL
PROJECT STATE PROJECT NO. 2774-25 AND STATE AID PROJECT NO. 157-010-007
D. Consider the Joint Powers Agreement to enable Richfield to provide an alternative response
for selective 911 calls in a manner that most effectively and efficiently supports and protects
the physical, mental, and behavioral health of individuals in the Cities of Richfield and Edina
(Staff Report No. 74)
M/Trautmann, S/Whalen to approve the consent calendar.
Council Member Whalen commented that Consent Agenda Item D would better align the city’s
responses with the needs of residents.
Council Member Hayford Oleary expressed his excitement about the noise wall project that was
moving forward which was a win for the city and its residents.
City Council Meeting Minutes -3- May 28, 2024
Council Member Trautmann commended the city’s law enforcement and firefighters for being
proactive on Consent Agenda Item D and getting the city the tools to help people in all manners of
distress.
Motion carried: 5-0
ITEM #4
CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT
CALENDAR
None.
ITEM #5
CITY MANAGER’S REPORT
City Manager Rodriguez stated she had no report.
ITEM #6
CLAIMS AND PAYROLL
M/Whalen, S/Hayford Oleary that the following claims and payrolls be approved:
U.S. BANK 05/23/2024
A/P Checks: 328527-328826 $1,173,220.77
Payroll: 187404-187715 43917-43918 $927,443.19
TOTAL $2,100,663.96
Motion carried: 5-0
ITEM #7
HATS OFF TO HOMETOWN HITS
Council Member Trautmann recognized the leaders on the Board on the Honoring All Veterans
Memorial and for everyone who supported the Memorial and attended the recent event.
Council Member Hayford Oleary stated he had no report.
Council Member Christensen gave hats off to the Dual Language School and the Centennial
Schools. She stated she had the opportunity to do marble painting at their carnival.
Council Member Whalen indicated the city now had three park buildings available for rent which
had been former warming houses. He also stated within the next couple of weeks, the Sustainability
Commission would have their digital sustainability guide available on the city’s website.
Mayor Supple gave hats off to the Public Works Department for all of their work on the speed
limit signs in the city and in getting the information out to the public. She gave a shout out to Matt
Hardegger, Transportation Engineer, who put together the proposal in an attempt to obtain funding for
the pedestrian bridge across 73rd Street.
City Council Meeting Minutes -4- May 28, 2024
Mayor Supple invited everyone to the State of the Community event being held at the Municipal
Center on June 11 from 4:30 p.m. to 6:30 p.m. She also gave a shout out to all the kids in the community
and noted she had lunch with the fourth graders today. She then thanked the group of veterans who
rode motorcycles from the Richfield Ice Arena to Fort Snelling.
Mayor Supple stated June 18 at 5:30 p.m. there would be a Council closed session for the
purposes of staff evaluation.
ITEM #8
ADJOURNMENT
M/Hayford Oleary, S/Christensen to adjourn the meeting at 7:19 p.m.
Motion carried: 5-0
Date Approved: June 11, 2024
Mary Supple
Mayor
Kelly Wynn Katie Rodriguez
Administrative Assistant City Manager
Proclamation of the City of Richfield
WHEREAS, President Abraham Lincoln signed the Emancipation Proclamation on January
1, 1863, declaring “that all persons held as slaves” within the rebellious states “are, and
henceforward shall be free”; and
WHEREAS, this freedom was deferred for many Black Americans as slaveholders seeking
to maintain their wealth and power kept word of this proclamation from their newly freed slaves,
even going so far as to forcefully relocate over 150,000 enslaved Black persons into Texas; and
WHEREAS, on June 19th, 1865, Union troops marched to Galveston, Texas to enforce the
Emancipation Proclamation and free the last enslaved Black Americans in Texas – over two years
after they were declared legally free; and
WHEREAS, on that day, June 19th, 1865, over 250,000 Black Americans embraced freedom
by executive decree in what became known as Juneteeth, or Freedom Day; and
WHEREAS, Juneteenth marks our country’s second Independence Day, celebrating
freedom and justice, and emphasizing the achievements of Black Americans after gaining their
freedom; and
WHEREAS, the generations to follow saw continued oppression of these now free people,
barring countless Black Americans from enjoying the same privileges and successes as their white
counterparts; and
WHEREAS, the City of Richfield is committed to doing the work required to deconstruct
systemic racism and secure and equitable future for all citizens;
Now, THEREFORE, I, Mary Supple, mayor of Richfield, on behalf of the Richfield City
Council, do acknowledge the relevance of June 19, 1865 and celebrate every June 19 as
Juneteenth Freedom Day in the City of Richfield, and call on the people of Richfield to observe
this day with appropriate programs, activities and ceremonies, and continue to honor the
contributions of African Americans throughout the year.
PROCLAIMED this 11th day of June, 2024.
Mary B. Supple, Mayor
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #5.A.
STAFF RE P ORT NO. 75
CIT Y COUNCIL MEET ING
6/11/2024
RE P O RT P RE PA RE D B Y:Jennifer A nderson, S upport S ervices Manager
D E PA RTME NT D IRE C TO R RE V IE W:Jay Henthorne, D irector of P ublic S afety/C hief of P olice
6/4/2024
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
6/5/2024
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consider approval of a Temporary On Sale Intoxicating Liquor license for an event scheduled to take
place July 6, 2024, at Fred Babcock V F W #5555, located at 6715 Lakeshore Dr.
E X E C UT IV E S UM M ARY:
On May 6, 2024, the City received application materials for a Temporary On Sale I ntoxicating Liquor license
for Fred Babcock V F W #5555.
This is for their final get together in honor of J uly 4, 2024. The V F W plans to set up in the parking lot. Food
and refreshments, including alcohol, will be sold at the event. Their request is to serve alcohol from 12:00 p.m.
to 10:00 p.m. on J uly 6, 2024. The Director of Public Safety has reviewed and approved the license
application and sees no reason it should be denied.
All required information has been provided and all licensing fees have been received.
RE C O M M E ND E D AC T I O N:
By motion: Approve the issuance of a Temporary On Sale Intoxicating Liquor license for Fred Babcock
V FW #5555 located at 6715 Lakeshore Dr., for their event scheduled to take place July 6, 2024.
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 applicant has satisfied the following requirements for the issuance of this license:
The required licensing fee has been paid.
P roof of liquor liability insurance has been submitted showing Integrity Mutual Insurance C ompany
affording coverage (parking lot included).
The applicant has contacted sanitarians from the C ity of B loomington to ensure proper food handling
practices are followed.
E mployees of the V F W will be providing security and will patrol the area for this event.
B .E QU ITAB L E OR S T R AT E GIC C ON S ID E R AT ION S OR IMPAC T S
This is required city business.
C .P OL IC IE S (resolutions, ordinances, regulations, statutes, exc):
Richfield C ity C ode S ection 1202.05 requires all applicants to comply with all of the provisions of this code, as
well as the provisions of Minnesota S tatue C hapter 340A .
D .C R IT IC AL T IMIN G IS S U E S:
E .F IN AN C IAL IMPAC T:
The required licensing fees have been received.
F.L E GAL C ON S ID E R AT ION:
There are no legal considerations.
ALT E R N AT IV E R E C OMME N D AT ION(S):
The C ouncil could deny the requested license; however, that would mean the applicant would not be able to serve
alcohol outside to the public during the July 6th event.
P R IN C IPAL PAR T IE S E X P E C T E D AT ME E T IN G:
Representative of V F W.
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #5.B.
STAFF RE P ORT NO. 76
CIT Y COUNCIL MEET ING
6/11/2024
RE P O RT P RE PA RE D B Y:Matt Hardegger, 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
6/4/2024
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
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 re solution for re imburse me nt of certain e xpenditures from the
proce eds of stree t reconstruction bonds and utility bonds to be issue d by the City for the
Nicollet Ave nue (C SAH 52) Re construction Project.
E X E C UT IV E S UM M ARY:
Consistent with City Council direction, the Capital I mprovement Plan (C I P), and the City's Comprehensive
Plan, staff is working with Hennepin County towards the reconstruction of Nicollet Avenue (C S A H 52) from
77th Street to 66th Street.
Following an extensive public engagement process in 2023 and 2024, County staff, City staff, and the
engineering consultant will develop a preliminary design layout to bring to the City Council for
approval prior to beginning the final design process in late 2024. Construction is identified in the
County's CIP for 2026.
Approval of the proposed reimbursement resolution will enable City staff to incur costs related to the
project prior to sale of the street reconstruction bonds and utility bonds. T he resolution allows project
costs incurred up to 60 days prior to Council approval, as well as certain costs incurred more than 60
days prior to Council approval of the resolution, to be reimbursed using the proceeds of the street
reconstruction bonds and utility bonds.
RE C O M M E ND E D AC T I O N:
By Motion: Approve the re solution for re imburse me nt of certain e xpenditures from the
proce eds of stree t reconstruction bonds and utility bonds to be issue d by the City for the
Nicollet Ave nue (C SAH 52) Re construction 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 existing roadway design on Nicollet Avenue is outdated and lacks proper accommodations for all
users.
The pavement and underground infrastructure condition along Nicollet Avenue continues to deteriorate.
C ounty and C ity staff have identified a need for complete reconstruction of the roadway and utilities in the
Nicollet Avenue corridor between 77th S treet and 66th S treet.
The preliminary design will be presented to the C ity C ouncil for approval in mid/late 2024, at which point
C ounty staff, C ity staff, and the engineering consultant will begin final design engineering with the intent of
constructing the project in 2026.
B .E QU ITAB L E OR S T R AT E GIC C ON S ID E R AT ION S OR IMPAC T S
This item is standard city business for issuing bonds related to a street reconstruction project.
C .P OL IC IE S (resolutions, ordinances, regulations, statutes, exc):
The reconstruction of Nicollet Avenue is identified in the C ity's C apital Improvement P lan and 5-Year
S treet Reconstruction P lan.
The reimbursement resolution is standard procedure and necessary to cover any project costs incurred
prior to the sale of bonds.
D .C R IT IC AL T IMIN G IS S U E S:
C ounty staff, C ity staff, and the engineering consultant are moving through the preliminary design engineering
phase of the project with the intent to start final design of the project in late 2024 and construction of the project in
2026.
E .F IN AN C IAL IMPAC T:
A doption of the proposed reimbursement resolution provides approval for C ity staff to incur costs for the
Nicollet Avenue Reconstruction project prior to sale of the bonds.
A combination of street reconstruction bonds and utility bonds are proposed for the full reconstruction
project funding.
The bonds will be sold when the actual project costs are determined based on final design.
The current Nicollet Avenue Reconstruction P roject funding sources and uses breakdown is attached to
this staff report.
F.L E GAL C ON S ID E R AT ION:
The C ity A ttorney's office has reviewed the resolution and will be available to answer questions.
ALT E R N AT IV E R E C OMME N D AT ION(S):
None
P R IN C IPAL PAR T IE S E X P E C T E D AT ME E T IN G:
None
AT TAC H ME N T S:
D escription Type
Reimbursement Resolution Resolution L etter
S ources and Uses S ummary B ackup Material
RESOLUTION NO.
DECLARING THE OFFICIAL INTENT OF THE CITY OF
RICHFIELD TO REIMBURSE CERTAIN EXPENDITURES
FROM THE PROCEEDS OF BONDS TO BE ISSUED BY
THE CITY WITH RESPECT TO THE NICOLLET AVENUE
RECONSTRUCTION PROJECT
WHEREAS, the Internal Revenue Service has issued Treas. Reg. § 1.150-2 (the
“Reimbursement Regulations”) providing that proceeds of tax-exempt bonds used to
reimburse prior expenditures will not be deemed spent unless certain requirements are
met; and
WHEREAS, the City of Richfield, Minnesota (the “City”) expects to incur certain
expenditures that may be financed temporarily from sources other than bonds, and
reimbursed from the proceeds of tax-exempt bonds; and
WHEREAS, the City has determined to make this declaration of official intent (the
“Declaration”) to reimburse certain costs from proceeds of bonds in accordance with the
Reimbursement Regulations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF RICHFIELD, MINNESOTA AS FOLLOWS:
1. Hennepin County proposes to undertake the Nicollet Avenue (CSAH 52)
Reconstruction Project within the City (the “Project”) with cost participation from the City.
2. The City reasonably expects to reimburse the expenditures made for certain
costs of the Project from the proceeds of bonds in an estimated maximum principal
amount of $10,000,000. All reimbursed expenditures will be capital expenditures, costs of
issuance of the bonds, or other expenditures eligible for reimbursement under Section
1.150-2(d)(3) of the Reimbursement Regulations.
3. This Declaration has been made not later than 60 days after payment of
any original expenditure to be subject to a reimbursement allocation with respect to the
proceeds of bonds, except for the following expenditures: (a) costs of issuance of bonds;
(b) costs in an amount not in excess of $100,000 or 5 percent of the proceeds of an issue;
or (c) “preliminary expenditures” up to an amount not in excess of 20 percent of the
aggregate issue price of the issue or issues that finance or are reasonably expected by the
City to finance the Project for which the preliminary expenditures were incurred. The term
“preliminary expenditures” includes architectural, engineering, surveying, bond issuance,
and similar costs that are incurred prior to commencement of acquisition, construction or
rehabilitation of a project, other than land acquisition, site preparation, and similar costs
incident to commencement of construction.
4.This Declaration is an expression of the reasonable expectations of the
City based on the facts and circumstances known to the City as of the date hereof. The
anticipated original expenditures for the Project and the principal amount of the bonds
described in paragraph 2 are consistent with the City’s budgetary and financial
circumstances. No sources other than proceeds of bonds to be issued by the City are,
or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise
set aside pursuant to the City’s budget or financial policies to pay such Project
expenditures.
5.This Declaration is intended to constitute a declaration of official intent for
purposes of the Reimbursement Regulations.
The foregoing resolution was moved by Councilmember ______________ and
seconded by Councilmember _______________.
The following voted in the affirmative: _________________________________________
The following voted against: ________________________________________________
Councilmember ________________________________ was absent.
Adopted by the City Council of the City of Richfield, Minnesota, this 11th day of June,
2024.
Mary B. Supple, Mayor
ATTEST:
Kelly Wynn, Interim City Clerk
Nicollet Avenue ReconstructionRichfield Project No. TBDSAP Nos. TBDSources and Uses Tracking ‐ updated 6/3/2024Council Action Council Action Council Action2024 CIP 2025 CIP30% Engineer's Estimate and Project Approval2026 CIP Estimate60% Engineer's Estimate90% Engineer's Estimate Final Engineer's Estimate and Project Bid Contract AwardPlanned Construction Year:2026 2026Estimated Uses:Design $1,550,000 $1,550,000Nicollet Ave Reconstruction $7,150,000 $4,450,000Public Utility Improvments $4,000,000Stormwater ImprovementsChange OrdersRight of WayLegalConstrcution Admin/EngineeringStaffContingencyBond Issuance Costs20% Contingency 20% ContingencyTotal Uses $8,700,000 $10,000,000Sources:Street Reconstruction Bonds $5,000,000Utility Bonds $5,000,000Municipal State AidTotal Sources $8,700,000 $10,000,000Difference $0 $0 $0 $0 $0 $0 $0 $0Notes Anticipated Debt Issuance (updated 06/2024): Low RiskStreet Reconstruction Bonds 2026 Medium RiskUtility Bonds 2026 High Risk$8,700,000Included aboveIncluded above
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #5.C.
STAFF RE P ORT NO. 77
CIT Y COUNCIL MEET ING
6/11/2024
RE P O RT P RE PA RE D B Y:Jamie Haefner, Human Resources Manager
D E PA RTME NT D IRE C TO R RE V IE W:S ack Thongvanh, A ssistant C ity Manager
6/5/2024
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
6/5/2024
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 modifying a Health Care Savings Plan for International Association
of Firefighters (IAF), Local 1215 bargaining unit employees.
E X E C UT IV E S UM M ARY:
I n 2001, the Minnesota legislature granted authority to the Minnesota State Retirement System (MS RS) to offer
a post-employment Health Care Savings Plan (HC S P) to eligible employees of the State of Minnesota and
other governmental subdivisions. A post-employment HC S P is an employer-sponsored program that allows
employees to save money to pay towards medical expenses and/or health insurance premiums after termination
of employment. Employees are able to choose among different investment options provided by the State Board
of I nvestment. Assets contributed into the program are tax-free, accumulate tax free, and if used for medical
expenses, remain tax-free.
The I nternational Association of Firefighters (I A F), Local 1215 bargaining unit employee group has agreed
upon a modification to its plan that modifies the bi-weekly contribution amount. Under state statute,
modifications to HC S P's cannot be made more often then once every two years. The last modification to the
Firefighters HC S P was in 2019. Staff is recommending amending the Post Employment Health Care Savings
Plan for I A F, Local 1215 bargaining unit employees.
RE C O M M E ND E D AC T I O N:
By motion: Adopt a resolution modifying a Health Care Savings Plan for eligible International
Association of Firefighters (IAF), Local 1215 bargaining unit employees.
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
L egal authority to establish a HC S P is provided through Minn. S tat. 352.98 and Internal Revenue S ervice
rulings. The establishment of each plan, including contribution formulae, must be negotiated when dealing
with a collective bargaining unit or personnel policy where non-union employees are involved. Once
established, the plan must be filed with MS RS to initiate or modify the plan.
P articipation for each individual employee within a bargaining unit or employee group is mandatory once
the plan is established for that respective group. Moreover, the amounts contributed for or by each
employee in a particular group must be the same for every employee of the group; however, contributed
amounts between employee groups will vary.
A Health C are S avings P lan was established by the C ity C ouncil for the International A ssociation of
F irefighters (IA F ) L ocal 1215 on March 6, 2006. Under state statute, plan modifications may be made no
more frequently than once every two years.
B .E QU ITAB L E OR S T R AT E GIC C ON S ID E R AT ION S OR IMPAC T S
This change was requested by the F irefighters and our ability to be flexible with a benefit need will assist in
retention as part of our strategic plan.
C .P OL IC IE S (resolutions, ordinances, regulations, statutes, exc):
Minnesota S tatutes have been amended to provide the opportunity for a very valuable benefit to C ity
employees. The C ity of Richfield has offered this benefit to employee groups that are interested in such a
mandatory plan.
A pproval of the resolution by the C ity C ouncil will provide the C ity authority to proceed with this modified
program for the International A ssociation of F irefighters (IA F ), L ocal 1215 bargaining unit employees.
P lan modifications can be made every two years.
D .C R IT IC AL T IMIN G IS S U E S:
There is no time critical issue pertaining to the timing of this modification; however, the majority of
International A ssociation of F irefighters (IA F ), L ocal 1215 bargaining unit employees have expressed a
desire to implement the modified program, so it should be pursued at the C ity’s earliest opportunity.
A fter C ity approval, this plan must be submitted to M S RS for filing and implementation.
E .F IN AN C IAL IMPAC T:
There is no cost to the C ity in this version of the plan since the C ity makes no contribution. In fact, there is
a cost savings to the C ity in that wages and severance pay that the employee contributes to the Health
C are S avings plan are not subject to S ocial S ecurity or Medicare contributions.
The plan provides a great tax savings to the participating employees and provides a tax mechanism to
fund post-employment medical costs.
F.L E GAL C ON S ID E R AT ION:
There is legal authority for this plan in Minnesota S tatutes and IRS C ode.
The plan modification has been sent to the S tate for review and has received informal approval.
ALT E R N AT IV E R E C OMME N D AT ION(S):
The C ity C ouncil could decide not to approve this plan modification. In that case, the current plan would remain in
effect; however, this decision contradicts the wishes of the majority of this employee group.
P R IN C IPAL PAR T IE S E X P E C T E D AT ME E T IN G:
AT TAC H ME N T S:
D escription Type
2024 HC S P A greement C ontract/A greement
Resolution Resolution L etter
Policy: International Association of Firefighters, Local 1215
Post Employment Health Care Savings Plan
Approved by: Richfield City Council on June 11, 2024
Effective Date: June 11, 2024
Page: 1 of 2
Plan Purpose The City of Richfield and the Firefighters (IAF Local 1215)
bargaining unit are interested in establishing a means for eligible
employees to participate in a mandatory program to help defray
some of the costs of post employment health related expenses,
including health insurance premiums using pre-tax dollars.
Participation in the Post Employment Health Care Savings Plan,
administered by the Minnesota State Retirement System (MSRS),
is intended to provide an opportunity to accomplish that goal.
Post
Employment
Health Care
Savings Plan
A Post Employment Health Care Savings Plan (HCSP) is an
Employer-sponsored program that allows eligible employees to:
1) defer payment of a portion of unused Vacation and Holiday
Leave as a severance payment at the time of termination to
pay for eligible health insurance premiums and/or health
expenses after separation from City service, and
2) defer a portion of an Employees’ biweekly salary for deposit
into their HCSP for the payment of qualified healthcare related
expenses after separation from City service.
Employees will be able to choose among several different
investment options provided by the Minnesota State Board of
Investment. Under the Plan, amounts contributed into the HCSP
are tax-free and not subject to FICA contributions. Assets in the
HCSP will accumulate tax-free and since payouts are used for
qualifying medical expenses, they will also remain tax-free.
Eligibility to
Participate
Participation in the Firefighters HCSP is mandatory for all
employees that meet the following requirements:
1. The Employee must be a member of the Richfield Firefighter
Bargaining Unit at the time of termination of employment.
Contribution
Formula
Mandatory participation in the Firefighter HCSP shall be in
accordance with, and limited to the following formulas for
contributions:
I. Biweekly Contribution
1. An eligible Employee must contribute $75 per pay period to the
Employee’s account in the Firefighter HCSP. Such contributions
shall not exceed $75 per pay period.
II. Severance Contribution
1. Severance based on all accumulated but unused Vacation Leave
and Holiday Leave hours shall be paid as a credit to the
Employee’s account in the Firefighter HCSP.
2. Severance based on all eligible Sick Leave as determined by Article
9, SICK LEAVE of the Firefighter collective bargaining agreement
shall be paid as a credit to the Employee’s account in the
Firefighter HCSP.
3. All severance payments contained in this section shall be calculated
by multiplying the number of hours by the applicable rate of pay
upon termination.
Contributions authorized under this Plan shall continue until such time
as this memorandum is amended or repealed by the City of Richfield
and IAF, Local 1215.
HCSP
Administration
The HCSP is authorized under the Internal Revenue Code and is
administered by the Minnesota State Retirement System.
RESOLUTION NO.
RESOLUTION AMENDING POST EMPLOYMENT HEALTH CARE SAVINGS PLAN
FOR FIRE EMPLOYEES (IAF 1215)
WHEREAS, Laws of Minnesota 2001, chapter 352.98, authorizes the Minnesota
State Retirement System (MSRS) to offer a Post Employment Health Care Savings Plan
(Plan) program to state employees, as well as, other governmental subdivisions, and
WHEREAS, the Internal Revenue Service Code provides for such Plans, and
WHEREAS, the City of Richfield currently offers such a Plan to eligible City
employees as a tax free method for employees to set aside money to cover the ever
increasing costs of health insurance and medical costs after termination of public
employment, and
WHEREAS, such plans must be established by employee group, either through a
collective bargaining agreement for union employees or a personnel policy for employees
not covered by a collective bargaining agreement, and
WHEREAS, modification to the provisions of an established Plan for the Fire IAF
#1215, employee group have been agreed to by the Fire Staff, IAF #1215, the employee
group and the City of Richfield, and
WHEREAS, the proposed plan is a net savings to the City of Richfield and a benefit
to the individual employees covered by the plan.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Richfield hereby authorizes the City Manager to amend the Health Care Savings Plan for
Fire, IAF #1215 group of employees in the City of Richfield.
Adopted by the City Council of the City of Richfield, Minnesota this 11th day of
June, 2024.
Mary B. Supple, Mayor
ATTEST:
Kelly Wynn, Interim City Clerk
AGENDA SECTION:PROPOSED
ORDINANCES
AGENDA ITEM #7.
STAFF RE P ORT NO. 78
CIT Y COUNCIL MEET ING
6/11/2024
RE P O RT P RE PA RE D B Y:Jennifer A nderson, S upport S ervices Manager
D E PA RTME NT D IRE C TO R RE V IE W:Jay Henthorne, D irector of P ublic S afety/C hief of P olice
6/4/2024
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
6/5/2024
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 Section 925.02 relating to the
regulation of vacant buildings.
E X E C UT IV E S UM M ARY:
I n October 2023, the City Council approved an ordinance relating to managed natural landscapes and a new
maintenance standard of grass height from 6" to 8" per state law. City Code Section 925.02 refers to the
maintenance of vacant property and grass height no taller than 6". This section should have been amended but
was overlooked when the ordinance was amended.
RE C O M M E ND E D AC T I O N:
By Motion: Approve the second reading of an ordinance amending Section 925.02 of the Richfield City
Code relating to regulation of vacant buildings and required maintenance of grass and weeds on
vacant properties, as well as a resolution and summary publication of said ordinance.
B AS IS O F RE C O M M E ND AT I O N:
A .H IS TOR IC AL C ON T E X T
In October 2023, the C ity C ouncil approved an ordinance relating to managed natural landscapes and a new
maintenance standard of grass height from 6" to 8" per new state statue that took effect July 1, 2023. Richfield
C ity C ode S ection 925.02 refers to the maintenance of vacant property and grass height no taller than 6". This
section was overlooked when the ordinance was amended.
B .E QU ITAB L E OR S T R AT E GIC C ON S ID E R AT ION S OR IMPAC T S
The C ity of Richfield will need to amend current code to be in compliance with state law.
C .P OL IC IE S (resolutions, ordinances, regulations, statutes, exc):
C hapter 9 addresses public nuisances.
D .C R IT IC AL T IMIN G IS S U E S:
The C ity of Richfield will need to amend current city code to be in compliance with state law which took effect J uly
1, 2023.
E .F IN AN C IAL IMPAC T:
F.L E GAL C ON S ID E R AT ION:
The C ity A ttorney has reviewed the proposed ordinance and approves of its contents.
ALT E R N AT IV E R E C OMME N D AT ION(S):
The C ity of Richfield will need to amend current city code to be in compliance with state law which took effect July 1,
2023.
P R IN C IPAL PAR T IE S E X P E C T E D AT ME E T IN G:
AT TAC H ME N T S:
D escription Type
Grass height on vacant properties C over Memo
Resolution and S ummary P ublication C over Memo
1
BILL NO. _____
AN ORDINANCE AMENDING SUBSECTION 925.02 OF THE RICHFIELD CODE OF
ORDINANCES RELATING TO REGULATION OF VACANT BUILDINGS
THE CITY OF RICHFIELD DOES ORDAIN:
Section. 1. Subsection 925.02 of the Richfield City Code is amended as follows:
925.02. – Registration and regulation of vacant buildings.
Subdivision 1. Policy. The purpose of this subsection is to protect the public health,
safety, and welfare by establishing a program for the identification and regulation of
vacant buildings within the City. Subsection 925.02 also determines the
responsibilities of owners of vacant buildings and provides for administration,
enforcement, and penalties associated with the same. (Added, Bill No. 2011 -11)
…
Subd. 8. Maintenance of vacant buildings. The owner must comply with and address
the following items in the property plan:
(j) Exterior maintenance. The owner must comply with all applicable property
maintenance regulations and City codes including, but not limited to, the following:
(1) Public nuisances. The owner must eliminate any activity on the property that
constitutes a public nuisance as defined by City code.
(2) Grass and weeds. Any weeds or grass must be no greater than eight (8) six
(6) inches in height.
Sec. 2. This Ordinance is effective in accordance with Section 3.09 of the Richfield City
Charter.
Adopted by the City Council of the City of Richfield on this ____ day of _________ 2024.
Mary Supple, Mayor
ATTEST:
Kelly Wynn, Interim City Clerk
2
RESOLUTION NO. _____
RESOLUTION APPROVING SUMMARY PUBLICATION
OF AN ORDINANCE AMENDING CHAPTER 9 OF THE CITY CODE
WHEREAS, the City has adopted the above-referenced amendment of the
Richfield City Code; and
WHEREAS, the verbatim text of the amendment is cumbersome, and the
expense of publication of the complete text is not justified.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield that the following summary is hereby approved for official publication:
SUMMARY PUBLICATION
BILL NO. ________
AN ORDINANCE AMENDING CHAPTER 9, SECTION 925 OF THE CITY CODE
This summary of the ordinance is published pursuant to Section 3.12 of the
Richfield City Charter.
This ordinance amends City Code Chapter 9 relating to regulation of vacant
buildings and the maintenance standard of grass height from 6” to 8” on vacant
property.
Copies of the ordinance are available for public inspection in the City Clerk’s
office during normal business hours or upon request by calling the Support Services
Manager at 612-861-9881.
Adopted by the City Council of the City of Richfield, Minnesota this 11th day of
June, 2024.
Mary Supple, Mayor
ATTEST:
Kelly Wynn, Interim City Clerk
AGENDA SECTION:RESOLUTIONS
AGENDA ITEM #8.
STAFF RE P ORT NO. 79
CIT Y COUNCIL MEET ING
6/11/2024
RE P O RT P RE PA RE D B Y:S am C rosby, P lanner II
D E PA RTME NT D IRE C TO R RE V IE W:Melissa P oehlman, C ommunity D evelopment D irector
6/4/2024
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
6/5/2024
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consider a resolution amending the approved Planned Unit Development/Final Development Plan and
authorizing execution of the proposed amendment to the Parking Agreement with Partnership
Academy at 6500 Nicollet Avenue.
E X E C UT IV E S UM M ARY:
Partnership Academy (Applicant), a preschool through eighth grade c harter school, was granted land use
approvals in 2018 to develop a sc hool building at 6500 Nic ollet Avenue South. The projec t did not meeting the
City's parking requirements, and therefore the approval included a condition that the Applic ant either construct,
or secure on adjacent property, the Zoning Code-required amount of parking. A License Agreement (which is
not a permanent solution) with the neighboring property owner, Brixmor, was obtained.
I n 2022, the City approved an expansion on the north side of the building, which both dec reased the available
parking on site, and increased the need for parking. Staff did not make a recommendation at the time, as the
parking issue was considered more of a risk-toleranc e dec ision rather than a technical issue. The Council
approved the request with the condition that the Applicant execute a Parking Agreement detailing the terms for
finding a permanent parking solution within two years of the approval (by April 12, 2024). The Parking
Agreement included a penalty of $50,000 per year, due annually upon default until compliance is achieved.
Two y ears have passed and the Applicant is requesting additional time, which requires an amendment to the
Parking Agreement. The Applicant is asking for a one-y ear extension (to April 12, 2025), and has provided a
copy of their extended Parking License with Brixmor that ends J uly 31 of 2025. They are also requesting the
ability to extend the Parking Agreement with the C ity annually, for the next ten years, with administrative
approval only, subjec t to proof of a continued License A greement with Brixmor. Finally, they are requesting that
the $50,000 penalty for non-compliance be waived. (See the Applicant’s request narrative.)
W hile there is no evidence that the HUB shopping c enter will redevelop any time soon, the current License
Agreement (whic h can be canc elled with only 15-day s notic e by the HUB owner) is not a long-term solution.
Extending the P arking Agreement extends the risk that the site may not have adequate on-site parking for either
present or future uses. The City and the Applicant c ould be left with a large building with inadequate parking,
affecting future sale or use of the property, and/or impacting nearby neighborhoods. Staff, again, is not making
a rec ommendation and has drafted a resolution for the Council’s c onsideration based on the Planning
Commission’s recommendation.
T he Planning Commission held a public hearing on May 29th. T he Commission expressed that
demolishing the neighboring Richfield Medical Center, as discussed by the Applicant, to build surface
parking does not align with the goals of the City. T he Planning Commission voted 6-1 to recommend
approval of a one year time extension without penalty, and four annual options for administratively
approved extensions; potentially postponing a permanent solution until April 12, 2029.
RE C O M M E ND E D AC T I O N:
By motion: Approve the attached resolution amending the approved Planned Unit Development/Final
Development Plan and authorizing execution of the proposed amendment to the Parking Agreement at
6500 Nicollet 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
The A pplicant has been based i n Richfield since 2002, previously operating out of leased space at
C hurch of the A ssumpti on (305 - 77th S treet E ast). The subject site was formerly occupied by a B remer
B ank building. The property is zoned P C -2, P lanned General C ommercial and guided "Mixed Use".
The A pplicant was granted a P lanned Unit D evelopment (P U D ) amendment i n 2018, for construction of
the current K -8 school building. A portion of required parking spaces have been licensed from the HUB
shopping center since the school opened (Resolution No. 11526).
The A pplicant was granted a subsequent P UD amendment in A pril of 2022 for the constructi on of a 5,962
square-foot expansion. The addition was in an area that was previously used for parking, as additional
floors above the exi sti ng building were cost prohi bitive for the school. The approval allowed two years for
the construction of the required parking, contingent upon the negoti ation and execution of an agreement
detailing the specific terms and penalties of the requirement (Resolution No. 11970).
The P arking A greement was executed on May 17, 2022, recorded on May 25, 2022, and expired A pril
12, 2024.
B .E QU ITAB L E OR S T R AT E GIC C ON S ID E R AT ION S OR IMPAC T S
N/A - S tandard C ity B usiness.
C .P OL IC IE S (resolutions, ordinances, regulations, statutes, exc):
C ity staff had asked that the L icense A greement with B rixmor be good, without a clause for termination,
until A pril of 2025. B rixmor was not willing to remove the 15-day termination clause. Therefore, C ity staff
asked that the termination clause include notification to the C ity. B rixmor was also not willing to do that.
S o, staff asked that the A pplicant's P arking A greement with the C i ty be revised such that written
notification is provided to the C ity within five business days, and the annual $50,000 penalty be due
immediately upon termination of the L icense A greement, rather than upon the expiration date. These
changes have been provi ded. There is no on-street parking on either Nicollet Avenue or 65th S treet West,
potentially impacti ng the immediately adjacent resi denti al neighborhood to the north with overflow parking,
should the 15-day termination clause be invoked.
The school’s enrollment has reached the planned total of 550 students and 99 staff. Required parki ng for
schools is based on the total number of staff members, plus eight spaces for vi si tors. A ccounting for both
the five percent parking reduction for bicycle parking above the minimum, and the ten percent transit
reduction, a total of 92 spaces is required for this site. It is unknown why the P arking A greement is for 80
spaces when 92 are required. The A pplicant currently has an L icense A greement with the owner of the
HUB shopping center for the non-exclusi ve use of 60 parking spaces, in addition to the 37 spaces that
remain on site, for a total of 97.
The location of the licensed stalls is not directly adjacent to the A pplicants' property, but the closest point is
within 500 feet of an entrance to the building, as required by Zoning C ode S ection 544.13, S ubd.13.c.
Zoning C ode section 544.13, S ubd. 12 requi res shared parking facili ti es to be protected by covenants
that run wi th all the lots i nvolved (the provi ding and the receiving lots). Those covenants shall grant an
easement for parking to the joint principal use lots. The manner of execution and content of such
covenants shall be i n a form approved by the C ity attorney and the document contai ni ng the covenants
shall be recorded with the county recorder or the registrar of titles for the county.
Zoning C ode S ection 542.13, S ubd. 3 establi shes requirements for major amendments to an approved
P UD final development plan. S ince the request proposes a modification to an agreement with the C ity, it
is considered a major amendment to the P UD . B eing that this is not a amendment to the physical plan
(resulting in changes to the built environment), the required findings remain the same.
The viable alternati ves i nclude securing additional surface parking from adjacent properties and/or
construct structured parking on the school site. In their 2022 request narrative, the A pplicant sai d “In the
event that P artnershi p A cademy is unable to secure the site at 6440 Nicollet Avenue S outh, currently
owned by the Richfield Medi cal Group, P artnership A cademy will complete the proposed structured
parking to meet parking needs required by the C ity of Richfield.” C onsequently, the A pplicant has been
waiting for the Richfield Medical Group to sell. A cquisition of the site would require a rezoning, a plat, and
P UD approval by the C ity, followed by demolition of the building, and expansion of the surface parking.
S ee 2022 concept plans, attached. Note that the proposed plans do not meet C ity requirements, they
would require several deviations and the proposed purchase of C ity right-of-way.
D .C R IT IC AL T IMIN G IS S U E S:
The 60-day clock started when a complete application was received on A pril 23, 2024. A decision is
required by June 22, 2024, or the C ouncil must notify the A pplicant that it is extending the deadline (up to
a maximum of 60 additional days or 120 days total) for issuing a decision.
The deadline for complying with the parking requirement was A pril 12, 2024. P er the P arking A greement,
the A pplicant owes $50,000 to the C ity per each year of non-compliance. The extension will be heard by
C ouncil on June 11, therefore, the extension is two months behind the deadline.
E .F IN AN C IAL IMPAC T:
S ince the terms of the P arking A greement were not met within the timeframe of the P arking A greement,
the A pplicant has requested the penalty not be imposed. If the request i s granted, rather than exercising
the full $50,000 penalty, staff recommends that the penalty be pro-rated for the two month delinquency
period: $50,000 / 12 = $4,167.66 x 2 = $8,333.33.
The required application fee has been paid.
F.L E GAL C ON S ID E R AT ION:
The C ity A ttorney has reviewed the attached amendment to the P arking A greement, which must be
recorded.
Notice of the public hearing at the P lanning C ommission was published i n the S un C urrent newspaper on
March 14, 2024, and was mailed to properties within 350 feet of the site.
The P lanning C ommission voted 6-1 to recommend approval of a one year time extension without penalty,
and four annual options for administratively approved extensions.
ALT E R N AT IV E R E C OMME N D AT ION(S):
Recommend approval of the proposed P UD amendment with additional and/or modified stipulations.
Recommend denial of the proposed P UD amendment with a finding that the proposal does not meet C ity
requirements.
P R IN C IPAL PAR T IE S E X P E C T E D AT ME E T IN G:
J ake K izewski, Operations D irector, P artnership A cademy
AT TAC H ME N T S:
D escription Type
Resolution Resolution L etter
F irst A mendment to P arking A greement 5-31-24 C ontract/A greement
A pplicant's Request Narrative B ackup Material
L icense A greement with B rixmor B ackup Material
2022 Request Narrative B ackup Material
2022 C oncept P lan for S urface L ot on RF Medical S ite B ackup Material
2022 S ite P lan with C oncept P arking S tructure B ackup Material
2022 C oncept P arking S tructure E levations B ackup Material
RESOLUTION NO. ______
RESOLUTION APPROVING AN AMENDMENT TO
THE PARKING AGREEMENT ASSOCIATED WITH THE
CONSTRUCTION OF A BUILDING ADDITION FOR PARTNERSHIP ACADEMY AT
6500 NICOLLET AVENUE SOUTH
WHEREAS, by Resolution No. 11970, adopted on April 12, 2022, the City
approved an amended final development plan and conditional use permit to allow
construction of an addition onto an elementary school building “Partnership Academy”,
located at 6500 Nicollet Avenue South, property legally described as:
LOT 1, BLOCK 1, RICHFIELD HUB SUPERBLOCK, HENNEPIN COUNTY,
MINNESOTA
WHEREAS, A condition of the 2022 approval was that Partnership Academy must
return to the City within two years with plans to provide the lessor of 80 parking stalls or
the number of parking stalls that meets the requirements of the Zoning Code, and that
Partnership Academy execute a Parking Agreement detailing the specific terms and
penalties associated with this requirement; and
WHEREAS, The Parking Agreement was negotiated and executed, with a “due”
date of April 12, 2024, and the Parking Agreement specifies that Partnership Academy
must pay to the City $50,000 per calendar year, unit it is in full compliance with the
planned unit development condition; and
WHEREAS, Partnership Academy has 37 parking stalls on site, and has brokered
a License Agreement (which does not meet the requirements of the Zoning Code) with
Brixmor, the adjacent property owner to the west, for the use of up to 60 of their parking
stalls; and
WHEREAS, Partnership Academy has requested an extension to the timeframe in
which to comply with the Parking Agreement without penalty, including the option for
subsequent administrative extensions, subject to an acceptable off-site parking
arrangements; and
WHEREAS, in order to counter the fact that the License Agreement with Brixmor
has a 15-day termination clause, Partnership Academy has written the Amendment to the
Parking Agreement with the City such that the automatic payment of the $50,000 penalty
is triggered and due immediately upon termination without having an adequate alternative
arrangement in place; and
WHEREAS, notice of the public hearing was mailed to properties within 350 feet
of the subject property and published in the Sun Current newspaper on March 14, 2024;
and
WHEREAS, the Planning Commission of the City of Richfield held a public hearing
at its May 29, 2024 meeting, and recommended approval of a one year time extension
without penalty, and four annual options for administratively approved extensions;
NOW, THEREFORE, BE IT RESOLVED, by the City Council, that the City of
Richfield approves the Amendment to the Parking Agreement including a one year
extension and four annual options for administrative extensions, subject to an
acceptable arrangement for off-site parking.
BE IT FURTHER RESOLVED, by the City Council, that:
1. The Mayor and City Manager are hereby authorized to execute the
Amendment to the Parking Agreement, which essentially provides until April
12, 2029, to establish a permanent parking solution.
2. Partnership Academy is responsible for recording the executed copy of the
Amendment to the Parking Agreement and providing proof of such to the City
in a timely fashion.
Adopted by the City Council of the City of Richfield, Minnesota this 11th day of
June, 2024.
Mary B. Supple, Mayor
ATTEST:
Kelly Wynn, Acting City Clerk
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AMENDMENT TO PARKING AGREEMENT
This Amendment to Parking Agreement (the “Agreement”) is made and entered into this
____ day of ________________, 2024, by and between the city of Richfield, a municipal
corporation under the laws of Minnesota (the “City”), and Partnership Academy Association, a
charter school formed under the laws of the state of Minnesota (the “Developer”).
RECITALS
A. Developer and City are parties to that certain Parking Agreement dated May 12, 2022 (the
“Original Agreement”). A copy of the Original Agreement is attached hereto as Exhibit A
and incorporated herein by reference.
B. The Original Agreement was entered into in connection with Developer’s construction of
a school building at the northeast corner of the HUB shopping center, located at 6500
Nicollet Avenue South, Richfield, Minnesota, and legally described as: LOT 1, BLOCK
1, RICHFIELD HUB SUPERBLOCK, HENNEPIN COUNTY, MINNESOTA (the
“Property”).
C. The Original Agreement was filed with the Hennepin County Registrar of Titles on May
24, 2022, as Document Number 5946795.
D. The Original Agreement required Developer, by April 12, 2024 (the “PUD Condition
Date”), to satisfy certain conditions concerning parking facilities as described in that
certain PUD/CUP Amendment (“PUD/CUP Amendment”), as follows:
“The applicant must return to the City within two years of this approval with
plans to provide the lesser of 80 parking stalls or the number of parking
stalls that meets the requirements of the zoning code at the time of that
application, through a combination of any of the following:
i. Constructing additional off-street parking on site.
Administrative site plan approval is required for surface parking;
a major amendment is required for structured parking.
ii. Acquiring additional property nearby and providing proof of
ability to provide additional off-street parking through lot
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combination or a shared parking agreement, as outlined in
subsection 544.13, subd. 12 of the Zoning Code. Administrative
site plan approval is required for surface parking; a major
amendment is required for structured parking.
iii. Securing additional parking on another property adjacent to the
school through a shared parking agreement as outlined in
subsection 544.13, subd. 12 of the Zoning Code. Administrative
site plan approval may be required.
The applicant must negotiate and execute a separate agreement detailing the
specific terms and penalties associated with this requirement. This
agreement must be executed prior to the issuance of a certificate of
occupancy.”
(the “PUD Condition”)
E. At the request of the Developer, the City has agreed to extend the PUD Condition Date for
consecutive period of one (1) year each, based on the terms and conditions below.
NOW, THEREFORE, based on the mutual covenants and obligations contained herein, the
parties agree as follows:
AGREEMENT
1. Recitals Incorporated by Reference. The above Recitals are incorporated into and
made a part of this Agreement.
2. Extension of the PUD Condition Date. The PUD Condition Date is hereby extended
until April 12, 2025, and may be extended thereafter by City staff annually for one-year periods,
each ending on April 12 of the successive year, conditioned upon the Developer presenting City
staff with the following no later than 60 calendar days prior to the then-current PUD Condition
Date: (i) a written agreement (or agreements) by which Developer has leased, licensed, or
otherwise acquired, subject to City staff approval, the right to use at least 43 parking spaces, on
land that is not more than 500 feet along an established path of travel from the closest point in the
lot to the nearest entrance of the building, for a period that does not expire prior to April 12 of the
following year. Developer shall give written notice to City staff if, prior to the then-current PUD
Condition Date, (a) any such agreement(s) is replaced with another agreement for parking at a
different location, or (b) such agreement(s) is/are terminated without being replaced with other
agreement(s) providing parking spaces, resulting in Developer having use of fewer than 43 off-
site parking spaces as required herein. Developer must provide such written notice to City staff
within five business days of the replacement or termination of any agreement(s). In the event of
termination and non-replacement prior to the expiration of the then-current PUD Condition Date,
Developer must pay to the City the $50,000 non-compliance penalty for the calendar year in which
such termination (without replacement) occurred, and must thereafter continue paying the annual
non-compliance fee as described in paragraph 5. Such payment must also be made to the City
within five business days of the termination (and non-replacement) of any agreement(s). For each
day after the five-day period that Developer does not provide the required written notice to City
staff, the non-compliance penalty shall be increased by $100.00.
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3. Compliance with PUD Condition. Each extended date, beginning with April 12,
2025, will be the PUD Condition Date. On or before the last extended PUD Condition Date, which
is April 12, 2029, Developer must demonstrate compliance with the PUD Condition. Such
compliance includes submission of the following to the City’s Community Development Director,
or designee, no later than such PUD Condition Date: a) final plans for the construction or
acquisition of additional parking; b) complete applications for any necessary administrative or City
Council approvals related to the PUD Condition option chosen by the Developer.
4. Right to Proceed. Before proceeding with the option chosen by Developer to
comply with the PUD Condition, Developer must comply with all applicable laws, ordinances,
regulations, policies, and directives of the state of Minnesota, Hennepin County, the City, and
other government entities having jurisdiction, applicable to the Property. By way of example, such
requirements include, but are not limited to, approval by the City of additional land use plans, site
design and architectural details, engineering plans, construction plans, and erosion control;
compliance with storm water regulations; and issuance of building permits.
5. Penalty for Non-Compliance. If Developer fails to comply with the PUD Condition
by the PUD Condition Date (as extended), Developer must pay to the City $50,000 per calendar
year, until it is in full compliance with the PUD Condition. Payment is due on April 13 of each
respective year of non-compliance. Notwithstanding the foregoing, in the event the Developer has
not complied with the PUD Condition by April 12, 2029, the City reserves the right to revoke the
Conditional Use Permit approved for the Property.
6. Responsibility for Costs. The Developer agrees to reimburse the City for its
reasonable legal costs and expenses incurred in drafting and negotiating this Agreement within 30
days after notice in writing by the City. The Developer agrees to reimburse the City for the
reasonable costs incurred in the enforcement of any provision of this Agreement, including
reasonable attorneys’ fees.
7. Governing Law Laws. This Agreement shall be construed according to the laws of
Minnesota.
8. Agreement Runs with the Land. This Agreement shall run with the Property and
shall be recorded against the title thereto and shall bind the parties and their successors and assigns.
Upon fulfillment of Developer’s obligations under this Agreement, the City shall record a release
of the Agreement within 30 business days of compliance with the PUD Condition.
9. Indemnification. The Developer hereby agrees to indemnify and hold the City and
its officers, employees, and agents harmless from claims made by third parties for damages
sustained or costs incurred resulting from any action taken pursuant to this Agreement. The
Developer hereby agrees to indemnify and hold the City and its officers, employees, and agents
harmless for all costs, damages, or expenses which the City may pay or incur in consequence of
such claims, including attorneys’ fees, except matters involving procedural errors in violation of
law or acts of gross negligence by the City.
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10. Assignment. The Developer may not assign this Agreement without the prior
written permission of the City.
11. Notices. Any notice or correspondence to be given under this Agreement shall be
deemed to be given if delivered personally or sent by U.S. Mail, postage prepaid, certified mail,
return receipt requested:
a) as to Developer: Partnership Academy Association
Attn: Lisa Hendrix
6500 Nicollet Avenue
Richfield, MN 55423
Email: lhendricks@paschool.org
With a copy to: Best & Flanagan
Attn: Craig Kepler
60 S 6th Street
Minneapolis, MN 55402
Email: ckepler@bestlaw.com
b) as to City: City of Richfield
6700 Portland Avenue
Richfield, MN 55423
Attn: City Manager
with a copy to: Kennedy & Graven
Attn: Richfield City Attorney
150 South Fifth Street
Suite 700
Minneapolis, MN 55402
or at such other address as either party may from time to time notify the other in writing in
accordance with this Section. The Developer shall notify the City if it changes its name or address.
12. Severability. In the event that any provision of this Agreement shall be held invalid,
illegal or unenforceable by any court of competent jurisdiction, such holding shall pertain only to
such section and shall not invalidate or render unenforceable any other provision of this
Agreement.
13. Non-waiver. Each right, power or remedy conferred upon the City by this
Agreement is cumulative and in addition to every other right, power or remedy, express or implied,
now or hereafter arising, or available to the City at law or in equity, or under any other agreement.
Each and every right, power and remedy herein set forth or otherwise so existing may be exercised
from time to time as often and in such order as may be deemed expedient by the City and shall not
be a waiver of the right to exercise at any time thereafter any other right, power or remedy. If
either party waives in writing any default or nonperformance by the other party, such waiver shall
be deemed to apply only to such event and shall not waive any other prior or subsequent default.
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14. Counterparts. This Agreement may be executed simultaneously in any number of
counterparts, each of which shall be an original and shall constitute one and the same Agreement.
15. Force Majeure. Whenever a period of time is herein prescribed, for action to be
taken by City or Developer, City or Developer shall not be liable or responsible for, and there shall
be excluded from the computation of any such period of time, any unavoidable delays due to
strikes, riots, acts of God, pandemic, war, governmental laws, regulations, or restrictions or any
other causes of any kind whatsoever which are beyond the reasonable control of the parties,
including without limitation, inclement conditions and delays in the issuance of permits and
approvals. However, this provision shall not apply to any delay caused, in whole or in part, by the
Developer’s failure to apply for or diligently pursue all necessary government approvals required
under this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
day and year first above written.
CITY OF RICHFIELD
By: ______________________________
Mary B. Supple, Mayor
By: ______________________________
Katie Rodriguez, City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ___ day of ___________,
2024, by Mary B. Supple and Katie Rodriguez, the Mayor and City Manager, respectively, of the
city of Richfield, a Minnesota municipal corporation, on behalf of the municipal corporation.
____________________________________
Notary Public
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PARTNERSHIP ACADEMY
ASSOCIATION
By:_______________________________
Its: _______________________________
STATE OF MINNESOTA )
) ss.
COUNTY OF _________ )
The foregoing instrument was acknowledged before me this ___ day of ____________,
2024, by _______________, the ___________________ of Partnership Academy Association, a
Minnesota charter school, on behalf of the ______________ school.
____________________________________
Notary Public
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EXHIBIT A
RESOLUTION APPROVING AN AMENDMENT TO A FINAL DEVELOPMENT PLAN
AND CONDITIONAL USE PERMIT
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Jake Kizewski
6500 Nicollet Ave South
Richfield, MN 55423
jkizewski@paschool.org
414-243-3295
City of Richfield
6700 Portland Ave.
Richfield, MN 554223
2/21/204
Subject: Request for Amendment of Parking Agreement
I am writing on behalf of Partnership Academy, located at 6500 Nicollet Ave South, to request
an amendment to our current parking agreement with the city of Richfield. We kindly ask for the
expiration date of the agreement to be extended to April 12, 2025 and the ability to renew the
agreement annually with city staff approval and proof of parking ease that suffices the parking
spot requirements.
Over the past two years, we have been engaged in regular discussions with Brixmor Property
Group, our landlord, to extend our active parking lease. As part of our parking agreement, we
are required to provide a minimum of 80 parking stalls for our students, faculty, and staff. Our
current lease which is active until June 2025 exceeds this requirement and we have maintained
a positive working relationship with Brixmor Property Group. Furthermore, we have been in
close contact with Brixmor's development team, and they have confirmed that there are no
immediate plans for development that would impact our current parking arrangement. This
assurance gives us confidence that our parking needs will continue to be met in the foreseeable
future.
This extension would also result in Partnership Academy not being subject
to the $50,000 annual fine for non-compliance as long as we are providing the required 80
parking stalls.
In addition to our discussions with Brixmor Property Group,we have been exploring alternative
options for a permanent solution.We have been in negotiations with Richfield Medical Group to
purchase their building,which would provide us with permanent additional parking space
exceeding 80 stalls.However,it is important to note that the Richfield Medical Group is still
exploring their options and plans to put their building back on the market within the next year.
Given the current interest rates and financial climate,incurring additional debt to construct a
parking structure on our site is not wise stewardship of federal and state funding.Additionally,
unnecessary debt,especially with an effective solution in the short term,does not make
financial sense and would have a negative impact on our ability to effectively serve our students.
Considering the above circumstances,we kindly request the city of Richfield to amend our
parking agreement by extending the expiration date to April 12,2025.This extension will
provide us with the necessary time to explore and secure alternative parking options without
compromising the quality of education and services we offer to our students.
We sincerely appreciate your attention to this matter and your continued support of our
organization.Please do not hesitate to reach out to us if you require any additional information
or if there are any further steps we need to take to facilitate this amendment request.
Thank you for your time and consideration.
Yours sincerely,
Jake Kizewski
Operations Director
Partnership Academy
Partnership Academy Structured Parking Narrative
3/28/22
As a supplement to the previously submitted facility expansion proposal, Partnership Academy
Association Building Company, the school’s affiliated building company and property owner, is seeking
an amended Conditional Use Permit and amended Planned Unit Development to support the
development of structured parking. In the event that Partnership Academy is unable to secure the site
at 6440 Nicollet Ave S. currently owned by the Richfield Medical Group, Partnership Academy will
complete the proposed structured parking to meet parking needs required by the City of Richfield.
The proposed structured parking provides 72 parking stalls. The proposed design utilizes existing grades
to minimize the overall height and cost of structured parking, accommodates bus traffic flow, and
preserves the existing play spaces. To meet 80 total parking stalls, Partnership Academy would lease 8
stalls from adjacent properties. Ultimately, though not preferred, if all parking stalls must be owned by
Partnership Academy, 8 surface level parking stalls will be provided with a reduction of the play space
area, with entry from Nicollet Ave.
PA22322
REVIEW
PARTNERSHIP EARLY ED ADD.6500 NICOLLETTRICHFIELD, MNRMD
AGENDA SECTION:CLOSED EXECUTIVE
SESSION
AGENDA ITEM #12.
STAFF RE P ORT NO. 80
CIT Y COUNCIL MEET ING
6/11/2024
RE P O RT P RE PA RE D B Y:K elly Wynn, A dministrative A ssistant
D E PA RTME NT D IRE C TO R RE V IE W:
O THE R D E PA RTM E NT RE V IE W:
C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager
6/5/2024
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Closed Executive Session regarding the City Manager's annual performance evaluation. Council will
move to the Babcock Room for the closed session portion of the meeting
E X E C UT IV E S UM M ARY:
The Closed Executive Session will be convened as permitted to evaluate an employee’s performance pursuant
to Minn. Stat. 13D.05, subd. 3(a).
RE C O M M E ND E D AC T I O N:
Motion to recess the meeting to enter and hold a closed meeting for the purpose of conducting a
performance evaluation of City Manager Katie Rodriguez, pursuant to Minnesota Statutes section
13D.05, subd. 3(a).
B AS IS O F RE C O M M E ND AT I O N:
A .H IS TOR IC AL C ON T E X T
B .E QU ITAB L E OR S T R AT E GIC C ON S ID E R AT ION S OR IMPAC T S
C .P OL IC IE S (resolutions, ordinances, regulations, statutes, exc):
D .C R IT IC AL T IMIN G IS S U E S:
E .F IN AN C IAL IMPAC T:
F.L E GAL C ON S ID E R AT ION:
ALT E R N AT IV E R E C OMME N D AT ION(S):
P R IN C IPAL PAR T IE S E X P E C T E D AT ME E T IN G: