02-13-2024 City Council AgendaR EG U LAR C IT Y C O U N C IL MEET IN G
R IC H F IE L D MU N IC IPAL C E N TE R, C O U N C IL C H AMB E R S
F E B R U ARY 13, 2024
7:00 P M
IN TR O D U C TO RY P R O C E E D IN G S
C all to order
P ledge of A llegiance
Open forum
C all into the open forum by dialing 1-415-655-0001 U se webinar access code: 2634 514 7716 and password:
1234.
P lease refer to the C ouncil A genda & M inutes web page for additional ways to submit comments.
A pproval of the Minutes of the (1) C ity C ouncil Work S ession of J anuary 23, 2024; and (2) C ity C ouncil Meeting of
J anuary 23, 2024
AG E N D A APPR O VAL
1.A pproval of the A genda
P R E S E N TATIO N S
2.P roclamation C elebrating B lack History Month
3.Consent Calendar contains several separate items, which are acted upon by the City Council in one
motion. Once the Consent Calendar has been approved, the individual items and recommended
actions have also been approved. No further Council action on these items is necessary. However, any
Council Member may request that an item be removed from the Consent Calendar and placed on the
regular agenda for Council discussion and action. All items listed on the Consent Calendar are
recommended for approval.
A .C onsider to approve the renewal of the 2024 licenses for Off-S ale 3.2 P ercent Malt L iquor doing business
in Richfield.
Licenses to sell 3.2 Percent Malt Liquor - OF F S AL E
Richfield Minnoco
S peedway #4186
S peedway #4188
S peedway #4191
S peedway #4615
S taff Report No. 17
B .C onsider approval of a C onstruction and Maintenance A greement with LYNK 65, L L C that defines
ownership and maintenance responsibilities for certain features constructed at 6445 Lyndale Ave S .
S taff Report No. 18
C .C onsider adoption of a resolution authorizing the City of Richfield to accept grant funds in the
amount of $27,800 and enter into a cost share agreement with Nine Mile Creek Watershed
District to implement a Low Salt Design Pilot City program.
S taff Report No. 19
D .C onsider the approval of the first reading of an ordinance amending S ection 925 - Nuisances to include a
new provision relating to flexible dumpsters and adding that a violation of section 1305.27 S ubd. 5 (Yards)
& 6 (Vehicle parking and storage limitations and requirements) is nuisance conduct and subject to a repeat
nuisance fee.
S taff Report No. 20
E .C onsider the acceptance of a quote from Northland Recreation in the amount of $100,000 for the
replacement of play equipment at F airwood P ark and the authorization of the Recreation S ervices D irector
to proceed with the project.
S taff Report No. 21
F.C onsider the adoption of a resolution appointing election judges and establishing an absentee ballot board
for the P residential Nomination P rimary E lection of March 5, 2024.
S taff Report No. 22
4.C onsideration of items, if any, removed from C onsent C alendar
R E S O L U T IO N S
5.Violation hearing and consider a resolution regarding civil enforcement for establishments that recently underwent
alcohol compliance checks conducted by Richfield P ublic S afety staff, and failed by selling alcohol to a person
under the age of 21.
S taff Report No. 23
O T H E R B U S IN E S S
6.C onsider C ity C ouncil's approval of the Mayor's appointment of a Housing and Redevelopment A uthority
C ommissioner.
S taff Report No. 24
7.C onsider the C harter C ommission's recommendations for amendments to the current C ity C harter by ordinance
and publish a notice of a public hearing on the proposed C ity C harter amendments.
S taff Report No. 25
C IT Y MAN AG E R’S R E P O R T
8.C ity Manager's Report
C LAIMS AN D PAYR O L LS
9.C laims and P ayroll
C O U N C IL D ISC U SSIO N
10.Hats Off to Hometown Hits
11.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 612-861-9739.
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
City Council Work Session
January 23, 2024
CALL TO ORDER
Mayor Supple called the work session to order at 5:30 p.m. in the Bartholomew Room.
Council Members
Present:
Mary Supple, Mayor; Sean Hayford Oleary; Ben Whalen, Simon Trautmann,
and Sharon Christensen
Staff Present:
Katie Rodriguez, City Manager; Brittany Bartlett, Equity Coordinator, Jay
Henthorne, Police Chief; Chris Swanson, Management Analyst
ITEM #1
REVIEW OF THE RESULTS FROM THE RACIAL EQUITY DIVIDENDS INDEX
(REDI) THAT THE CITY PARTICIPATED IN THROUGH THE CENTER OF
ECONOMIC INCLUSION (CEI) THIS FALL.
Mayor Supple introduced the items and turned it over to City Manager Rodriguez. She
introduced Equity Coordinator Brittany Bartlett to the council and introduced the report.
Coordinator Bartlett presented the Racial Equity Dividends Index (REDI) report created by the
Center for Economic Inclusion (CEI). She provided background on the report including discussion
around how the city’s responses were pulled together. She noted the REDI report not only serves as a
comparison with what other cities are doing but really serves as a way for Richfield to evaluate the
current racial equity work.
Coordinator Bartlett talked about the results of the report, specifically calling out public safety
for their leadership around racial equity work. She talked about how the city compared with similar
areas and noted that the city scored higher than 83 percent of peer small cities. She talked about how
the various questions were scored and went over the general findings for all cities. She spoke about
the specific results for Richfield as well as opportunities recommended by the CEI. One item
Coordinator Bartlett noted was that many of these best practices are already part of how the city
operates but just have not been formally accepted as general city standards.
Mayor Supple asked if the city has been evaluating the educational requirements for jobs. City
Manager Rodriguez said that is something done for individual positions but have not been evaluated
for the organization.
Coordinator Bartlett talked about some of the opportunities included in the REDI around
culture, retention, and advancement. She spoke about some of the challenges faced by Richfield staff
in pulling together the data for the REDI report given the short timeline the city had this year. Another
City Council Work Session Minutes
-2- January 23, 2024
area of focus in the report was making the city’s procurement process more equitable. She did
mention that one of the issues was also a lack of diverse suppliers to take on this work.
Mayor Supple asked if there was a current list the city could use. Coordinator Bartlett noted
there were lists currently available, but city staff would like to research them more thoroughly before
the city could move forward with recommendations.
Council Member Trautmann talked about his experience representing BIPOC businesses and
the challenges in connecting with local governments for this service. He noted the saying "a rising tide
lifts all boats" and he appreciated this conversation.
Coordinator Bartlett talked about some of the ways the city could start looking at opening the
procurement process and about some actions other cities are taking.
Council Member Hayford Oleary asked how Richfield would bring more input to the budget
process. City Manager Rodriguez spoke about the significant amount of work staff currently does to
pull the budget together. She talked about additional ways the city could get input on the budget. She
did note that advisory boards provide their comments on the budget. One option she highlighted was
pulling together a budget presentation and letting the council bring it to the community.
Council Member Whalen said that he had noted before how unapproachable the budget is and
said it would be good to have a high-level snapshot of the changes included in the upcoming year.
Council Member Hayford Oleary said he did want to balance this process with the frustration that
could come if someone feels like their comments were not heard. City Manager Rodriguez agreed
with that point and said she would follow up and see what other cities are doing to collect input.
Council Member Whalen said some of these budget constraints would be good to express to the
community.
Coordinator Bartlett provided a summary of the findings on community and economic
development section of the REDI report. She talked about the good work the departments are doing
but that, again, the city needs to formalize some of the processes.
Mayor Supple asked if when public works performed an ADA analysis on a project if that
would have been considered for incorporating equity into our public work design process. Coordinator
Bartlett said it would and the department has provided this evaluation in a few recent reports.
Coordinator Bartlett talked about the findings from the public safety questions. Council
Member Whalen asked when the city can start sharing data from the new TYLER Tracking system.
Chief Henthorne said the standard for when departments share data is two to three years from the
implementation of the new system. That allows the system to build background on the data.
Coordinator Bartlett discussed the REDI report’s findings on public policy and then opened the
presentation up to the council for questions.
Council Member Trautmann thanked staff for their work. He said staff have been strategic in
the way they have spent their time and energy. Council Member Trautmann gave a shout out to public
safety for all their work and leadership in this space.
Council Member Whalen said he had a couple thoughts on the REDI report, he appreciated
how blunt the report is in terms of looking at the system, and how Richfield was compared to other
cities. He noted how it shows how the city needs to keep working on this issue. He feels it’s helpful to
have these base questions and see the examples of what other cities are implementing. He noted that
most of this report was internally focused and wondered if there is an external facing evaluation tool
available for cities. He hopes Richfield can expand its reach in terms of finding what is driving these
disparities in the community.
City Council Work Session Minutes
-3- January 23, 2024
Mayor Supple noted the Axtell Group is hosting focus groups around public safety. City
Manager Rodriguez said the Axtell Group report will be presented at a future work session. Chief
Henthorne said there will be data in the report from the focus groups and one-on-one interviews.
City Manager Rodriguez talked about the updated plan for the community survey to increase
participation. Mayor Supple asked if the survey would have a specific question about community
members who have a disability. City Manager Rodriguez said staff can explore including that as one
of the questions if it’s not already in the survey.
Council Member Hayford Oleary said he liked how the city was compared to other similar
cities. He talked about how most of these items are more focused on structural issues and he
appreciated this attention. Mayor Supple also expressed her appreciation for the work put into this
report.
Council Member Whalen talked about the range of action items being worked on, he also
wondered if there are items that the council should refocus their priorities on and asked staff to try to
highlight these for council. Coordinator Bartlett said staff will talk about what this work looks like over
the coming years and will come back to council if needed.
Council Member Trautmann was interested in the living language for contractors and
subcontractors. Council Member Whalen also talked about how people could probably not legally
afford housing in Richfield at $52,000 a year, the amount identified as a livable wage in the REDI. He
said it was important that we noted this point.
City Manager Rodriguez provided a summary of the council discussion.
ITEM #2
DISCUSSION ON INCLUDING THE NORTHSTAR BILL IN THE CITY'S 2024
LEGISLATIVE PLATFORM.
City Manager Rodriguez introduced the discussion around the North STAR Act (the Act). She
talked about the work that has been done since inclusion of this bill was proposed by council. She
spoke about how staff have reviewed the language of the Act and are comfortable with including it in
the city’s 2024 legislative platform.
Council Member Trautmann thanked staff for the work they did on this item. Council Member
Whalen echoed the sentiment and said he liked how this review process worked and appreciated the
model it sets for the future. He said he appreciated how the final policy was broad and focused on the
issue while not getting stuck in the details. Mayor Supple agreed with the process and appreciated
how everyone worked together.
Council Member Hayford Oleary stated he felt the language was less supportive than the other
priorities and he wondered if this is in line with the rest of the platform. City Manager Rodriguez
responded that, recognizing the bill is still being drafted, the current language gives staff clear
direction for how to respond to any future language.
Council Member Hayford Oleary said he had an email from a resident about the current
process. He asked Chief Henthorne to provide a summary of how the RPD handles cases with issues
around civil immigration enforcement. Chief Henthorne provided a summary of the current visa
process. He said they have been working with the county attorney to get this process done faster to
help the community. He said the city does not currently help any agencies with any immigration
enforcement.
City Council Work Session Minutes
-4- January 23, 2024
ADJOURNMENT
Mayor Supple adjourned the work session at 6:25 pm.
Date Approved: February 13, 2024
Mary B. Supple
Mayor
Chris Swanson Katie Rodriguez
Management Analyst City Manager
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; Mary Tietjen, City Attorney; Jay
Henthorne, Public Safety Director/Police Chief; Jennifer
Anderson, Support Services Manager; Kristin Asher, Public
Works Director; Matt Hardegger, Transportation Engineer; and
Chris Swanson, Management Analyst
Others Present: None
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
Larry Ernster, 6727 Elliott Avenue South, urged the Council to not support the City’s Legislative
priorities supporting the sanctuary State Legislature until they had solved the existing problems with
respect to homelessness and other housing issues. He expressed concern that the City had insufficient
resources. He noted there had been no outreach to the Richfield citizens of the Council’s intentions
and no interest in what the citizens wanted. He indicated the City had no plan in place to pay for more
migrants.
Melissa Gonzalez, 7045 Lyndale Avenue South, agreed the City had housing issues and food
insecurity, as well as other issues, but the issues of immigration and law enforcement were not directly
tied to those. She noted she supported the Legislative priority. She stated people may or may not
agree with the reasons people come to this Country, but with her work with immigrants, they were
excited, felt blessed, and wanted to be active members of this society. She indicated they want to be
looked at as human beings. She requested the Council approve the Legislative priorities.
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Council Meeting
January 23, 2024
City Council Meeting Minutes -2- January 23, 2024
APPROVAL OF MINUTES
M/Whalen, S/Hayford Oleary to approve the minutes of the: (1) City Council Work Session of
January 9, 2024; (2) Regular City Council Meeting of January 9, 2024; and (3) Special City Council
Meeting of January 12, 2024.
Motion carried: 5-0
ITEM #1
APPROVAL OF THE AGENDA
M/Trautmann, S/Hayford Oleary to approve the agenda.
Motion carried: 5-0
ITEM #2
CONSENT CALENDAR
City Manager Rodriguez presented the consent calendar.
A. Consider the approval of the Foundational Public Health Responsibilities (FPHR) grant
provided by the Minnesota Legislature and administered through the Minnesota Department
of Health (Staff Report No. 12)
B. Consider adoption of resolutions of support for two grant opportunities offered through
MnDOT’s Safe Routes to School Program:
1. An infrastructure grant application by Public Works for $500,000 to construct
pedestrian and bicycle infrastructure on 70th Street between Elliot and 12th Avenues
at Richfield STEM and Dual Language Elementary Schools
2. A Planning grant application by ISD #280 for planning assistance to update the 2014
Safe Routes to School Comprehensive Plan
(Staff Report No. 13)
RESOLUTION NO. ___
RESOLUTION OF SUPPORT FOR 70TH STREET SAFE
ROUTE TO SCHOOL INFRASTRUCTURE FUNDING
APPLICATION
RESOLUTION NO. ___
RESOLUTION OF SUPPORT FOR ISD #280’S SAFE
ROUTES TO SCHOOL PLANNING ASSISTANCE
APPLICATION
M/Hayford Oleary, S/Christensen to approve the consent calendar.
Council Member Whalen expressed support for Item B and encouraged residents to learn more
about the Safe Routes to School program.
City Council Meeting Minutes -3- January 23, 2024
Mayor Supple gave a shout out to the City and School District for working together on the Safe
Routes to School. She indicated she appreciated all of the work they put in.
Motion carried: 5-0
ITEM #3
CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT
CALENDAR
None.
ITEM #4
CONSIDER THE APPOINTMENT OF A YOUTH MEMBER TO THE
SUSTAINABILITY COMMISSION. (STAFF REPORT NO. 14)
Christensen presented Staff Report 14.
M/Christensen, S/Trautmann to approve the appointment of Helen Burk to the Sustainability
Commission as a youth commissioner.
Mayor Supple welcomed Helen Burk to the Commission.
Motion carried: 5-0
ITEM #5
CONSIDER APPROVAL AND ADOPTION OF AN ACTIVE TRANSPORTATION
ACTION PLAN FOR THE CITY OF RICHFIELD.
Hayford Oleary presented the Staff Report.
Transportation Engineer Hardegger presented an overview of how the plan came into
development.
Mayor Supple encouraged people to look at the presentation in the Council’s placket for more
information.
M/Hayford Oleary, S/Christensen to adopt the Active Transportation Plan for the City of
Richfield.
Council Member Hayford Oleary stated the plan did an excellent job of talking about the places
of success on Lyndale Avenue and 66th Street, but it also identified a lot of problems where they did not
have the funding or staff capacity to do. He noted in order to achieve what was necessary, they need a
more concerted planning effort along with have significantly more financial resources allocated to it to
be able to build and start to change those streets. He requested the Council keep this in mind for the
next budgeting session. He indicated he was happy to see the plan.
Mayor Supple stated the Senate Bonding Committee joined Richfield on Nicollet Avenue. She
thanked everyone who was a part of the process.
Council Member Trautmann thanked everyone’s leadership and focus on this.
Motion carried: 5-0
ITEM #6
City Council Meeting Minutes -4- January 23, 2024
CONSIDER AMENDING THE CITY’S 2024 LEGISLATIVE PLATFORM TO
INCLUDE THE NORTHSTAR BILL (STAFF REPORT NO. 16)
Council Member Whalen presented Staff Report 16.
M/Whalen, S/Trautmann to amend the City’s 2024 Legislative platform to include the following
addition to the platform under Public Safety:
Support for the goals of the NorthSTAR Act which clearly separates all Minnesota government
resources from civil immigration enforcement as it is a federal responsibility. This clarity helps build
trust with Richfield’s immigrant community and removes barriers to provide important public safety,
public health, and other services. We encourage the bill’s authors and supporters to work with the
Minnesota Chiefs of Police Association, Minnesota Sheriff’s Association, Minnesota Police and Peace
Officers Association, League of Minnesota Cities and Metro Cities on the specific language.
Council Member Whalen indicated he was excited for the continued conversation about how
they build 50,000 more housing units or more to address the housing crisis. He stated no human
being was illegal and the City was glad they were here. He noted he was excited to support this.
Council Member Trautmann thanked the Chief of Police, the City Manager, and other staff. He
indicated he appreciated the comments made today identifying common challenges. He believed
there was a bipartisan consensus that the Federal immigration system was non-functioning, but that
was not something that they try to solve in the City as they had no tools to solve this. He believed
they would serve the residents better if they could serve the State, or if the State could give consistent
guidance to all cities, Counties, and multiple levels of government to the Metropolitan Council. He
stated clarity would be helpful to the residents. He stated this was not an invitation to break any law,
but this is an opportunity to clarify the law and create some good policy. He indicated he would
support this.
Mayor Supple encouraged the bill’s authors to work with the Minnesota Chiefs of Police
Association, the Sheriff’s Association, the Police and Peace Officers Association, and the League of
Cities. She believed it was important for everyone to work together to get the best possible bill.
Motion carried: 5-0
ITEM #7
CITY MANAGER’S REPORT
City Manager Rodriguez shared information regarding the last Council meeting Open Forum
including Richfield having equitable public safety and the advocating for eliminating traffic stops.
Hayford Oleary stated with respect to the traffic stop he question the term low level as it
seemed ambiguous. He asked what did low level mean. City Manager Rodriguez responded she
needed to verify the details of their policies and would get that information to the Council.
ITEM #8
CLAIMS AND PAYROLL
M/Trautmann, S/Whalen that the following claims and payrolls be approved:
U.S. BANK 01/18/2024
City Council Meeting Minutes -5- January 23, 2024
A/P Checks: 326136 - 326439 $2,575,240.95
Payroll: 184570 – 184881 43748 - 43753 $753,877.42
TOTAL $3,329,118.37
Motion carried: 5-0
ITEM #9
HATS OFF TO HOMETOWN HITS
Council Member Whalen thanked the legislators who visited and toured some of Nicollet Avenue
and he thanked staff for putting that together.
Council Member Christensen gave hats off to the City staff who put out an email summary of
what happens in the City.
Council Member Hayford Oleary gave hats off to Jeff M., the owner of Sota Boys Smoke shop
for the discussion he had with him regarding the changes made to the tobacco sales and flavored
tobacco. He thanked him for his time.
Council Member Trautmann wished former Mayor Marty Kirsch a speedy recovery and express
sympathy that he was doing poorly. He thanked the Richfield Optimist Club for the flags they put in his
yard on the 4th of July and Memorial Day. He noted the Richfield Optimists raised thousands of dollars
through that which was then donated to local charities.
Mayor Supple gave hats off to Partnership Academy and thanked them for inviting several
people to come for their change makers unit. She gave hats off to Patty Piatz and her team for the
Hometown Media Award they received.
ITEM #10
ADJOURNMENT
M/Trautmann, S/Whalen to adjourn the meeting at 7:43 p.m.
Motion carried: 5-0
Date Approved: February 13, 2024
Mary Supple
Mayor
Chris Swanson Katie Rodriguez
Management Analyst City Manager
Proclamation of the City of Richfield
WHEREAS, Each February, during Black History Month, the United States honor the
contributions and sacrifices of African Americans who have helped shape the nation; and
WHEREAS, the City of Richfield, Minnesota also takes pride in recognizing February 2024
as Black History Month. We want to honor the many notable contributions that people of African
descent have made to our community and celebrate the rich cultural heritage, triumphs, and
adversities that are an indelible part of our country’s history; and
WHEREAS, we celebrate the diversity of Black people in Richfield, the State of Minnesota,
our nation and the Black diaspora, whether they self-identify as African, African American, Afro-
Latino, Afro-Caribbean, or Black; and
WHEREAS, the City of Richfield has committed in 2024 to support legislation that
addresses the widening existing economic, racial, health and education gaps, which impacts our most
vulnerable communities in line with national efforts to close those gaps which impact communities
of color; and
WHEREAS, Black or African-American residents represented 10.7 percent of the Richfield
city population in 2022; and
WHEREAS, the City of Richfield, its City Council and staff identify diversity and equity as
core values, recognizing that our diverse culture is one of our greatest strengths and assets, striving
to promote an environment of equity and inclusion; and
WHEREAS, the Richfield Human Rights Commission supported this proclamation at its
February 6, 2024 meeting and recommended the Richfield City Council do the same; and
Now, THEREFORE, I, Mary Supple, mayor of Richfield, on behalf of the Richfield City
Council, do hereby proclaim the month of February 2024 as Black History Month in the City
of Richfield and call on the people of Richfield to observe this month with appropriate
programs, activities, and ceremonies, and continue to honor the contributions of Black
Americans throughout the year.
PROCLAIMED this 13th day of February, 2024.
Mary Supple, Mayor
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #3.A.
STAFF RE P ORT NO. 17
CIT Y COUNCIL MEET ING
2/13/2024
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
1/31/2024
O THE R D E PA RTM E NT RE V IE W:N/A
C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager
2/7/2024
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consider to approve the renewal of the 2024 licenses for Off-Sale 3.2 Percent Malt Liquor doing
business in Richfield.
Licenses to sell 3.2 Percent Malt Liquor - O F F S ALE
Richfield Minnoco
Speedway #4186
Speedway #4188
Speedway #4191
Speedway #4615
E X E C UT IV E S UM M ARY:
T he above businesses are normally renewed in December. However, Richfield Minnoco was slated
to be sold in December, but the sale fell through. Speedway's parent company had substantial
personnel changes and missed the renewal deadline. Consequently their licenses expired, and these
business have suspended liquor sales as of January 1. T hey are now ready and waiting for approval
to begin again.
Staff completed a staff report for each business at the time they originally applied for and received
Council approval to sell Off-Sale 3.2 Percent Malt Liquor at their business in the City of Richfield.
T his is a request to renew their annual license for 2024. T here is not a public hearing requirement for
renewals for these types of licenses. T he businesses named in this report are presented for Council’s
approval.
RE C O M M E ND E D AC T I O N:
By motion: Approve the 2024 renewal of named busine ss lice nse s for Off-Sale 3.2 Percent
Malt Liquor establishments doing busine ss in Richfie ld.
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 listed businesses current licenses expired on D ecember 31, 2023.
The businesses named below with the corresponding licenses are presented for C ouncil’s approval on
this date.
Licenses to sell Off-Sale 3.2 Percent Malt Liquor
Richfield Minnoco
S peedway #4186
S peedway #4188
S peedway #4191
S peedway #4615
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 business licensing renewal process is standard business for the C ity.
C .P OL IC IE S (resolutions, ordinances, regulations, statutes, exc):
A ll businesses must annually request renewal of their Off-S ale 3.2 P ercent Malt L iquor licenses to the C ity
C ouncil.
B usinesses must meet the requirements for renewal of their licenses.
D .C R IT IC AL T IMIN G IS S U E S:
There are no additional critical timing issues.
E .F IN AN C IAL IMPAC T:
A ll license fees must be paid and application forms submitted in order to be considered for license renewal.
F.L E GAL C ON S ID E R AT ION:
There are no additional legal issues.
ALT E R N AT IV E R E C OMME N D AT ION(S):
D eny the request for the renewal of 2024 licenses for Off-S ale 3.2 P ercent Malt L iquor doing business in Richfield.
This would result in the applicants not being able to sell 3.2 percent malt liquor within the C ity in 2024; however, there
have been no issues with any of these listed establishments and the P ublic S afety D epartment has found no reason
to deny any of the requested licenses.
P R IN C IPAL PAR T IE S E X P E C T E D AT ME E T IN G:
B usinesses have been notified of the date of presentation to the C ity C ouncil but are not required to attend.
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #3.B.
STAFF RE P ORT NO. 18
CIT Y COUNCIL MEET ING
2/13/2024
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
2/5/2024
O THE R D E PA RTM E NT RE V IE W:N/A
C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager
2/7/2024
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consider approval of a Construction and Maintenance Agreement with LYN K 65, LL C that defines
ownership and maintenance responsibilities for certain features constructed at 6445 Lyndale Ave S.
E X E C UT IV E S UM M ARY:
The properties at 6445 Lyndale Ave S have been redeveloped to construct a multi-unit apartment building. The
construction includes site improvements on both public and private property. T he City has worked with the
developer to draft a Construction and Maintenance Agreement (the "Agreement") that defines
ownership and maintenance responsibilities for the site and boulevard improvements constructed
during the redevelopment project. T hese improvements and responsibilities include:
Sidewalk and sidewalk snow removal
Landscaping and irrigation
Boulevard trees
Street and sidewalk lighting
Stormwater control devices
RE C O M M E ND E D AC T I O N:
By Motion: Approve the Construction and Maintenance Agreement with LYN K 65, LL C that defines
ownership and maintenance responsibilities for certain features constructed at 6445 Lyndale Ave S.
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 is requiring the redevelopment to provide stormwater quality treatment before
stormwater enters the City system. T he onsite treatment structure 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 are also being 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 systems
to function as designed, they must be inspected and maintained regularly.
The A greement provides direction on inspection, repair, replacement, and maintenance of the detention
system, and the public improvements, in addition to the remedies for the failure to comply with the
provisions of this agreement.
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
A pproval of such agreements constitutes regular C ity business as part of the redevelopment process.
C .P OL IC IE S (resolutions, ordinances, regulations, statutes, exc):
The C ity requires a C onstruction and Maintenance A greement for redevelopment projects containing boulevard
improvements and/or stormwater treatment structures.
D .C R IT IC AL T IMIN G IS S U E S:
The redevelopment project is largely complete and approval of the A greement is timely.
E .F IN AN C IAL IMPAC T:
The A greement requires the property owner to cover all costs related to inspection and maintenance of its
stormwater detention system.
The A greement requires the property owner to reimburse the C ity for any costs incurred in performing
activities identified as the responsibility of the property owner.
F inancial responsibilities of other items varies per the agreement.
F.L E GAL C ON S ID E R AT ION:
The C ity A ttorney was consulted during the negotiations of terms and has reviewed the agreement.
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
C onstruction and Maintenance A greement C ontract/A greement
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #3.C.
STAFF RE P ORT NO. 19
CIT Y COUNCIL MEET ING
2/13/2024
RE P O RT P RE PA RE D B Y:Mattias Oddsson, 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
1/30/2024
O THE R D E PA RTM E NT RE V IE W:N/A
C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager
2/7/2024
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 authorizing the City of Richfie ld to acce pt grant funds in the
amount of $27,800 and enter into a cost share agree me nt with Nine Mile Cre ek Wate rshed
District to implement a Low Salt Design Pilot City program.
E X E C UT IV E S UM M ARY:
I n December 2023, the city of Richfield applied for and was awarded a cost share grant from Nine Mile Creek
Watershed District (NMC W D) in the amount of $27,800.00 to assist the City with conducting a pilot program to
provide training to City staff in Low Salt Design practices and explore options for integrating Low Salt Design
into municipal policies and practices.
RE C O M M E ND E D AC T I O N:
By motion: Approve the resolution authorizing the City of Richfield to accept grant funds in the
amount of $27,800 and enter into a cost share agreement with Nine Mile Creek Watershed District to
implement a Low Salt Design Pilot City program.
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
C hloride pollution, driven primarily by road salt application, is a major issue affecting freshwater in Minnesota.
L ow S alt D esign is an emerging set of practices focused on designing infrastructure to minimize the need for salt
to maintain winter safety. C ity staff are partnering with the Nine Mile C reek Watershed D istrict and B olton &
Menk, Inc. on a pilot project to provide training on L ow S alt D esign and explore how these practices could be
incorporated into C ity policies.
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
B y adopting this resolution, the C ity is leveraging external funding sources to ensure sustainable infrastructure
financing. E xploring innovative new methods to reduce salt use and chloride pollution contributes to the C ity's
ongoing efforts to ensure that climate resilience is a priority. F urthermore, incorporating L ow S alt D esign
practices may help improve safety for vulnerable road users, demonstrating a commitment to equity.
C .P OL IC IE S (resolutions, ordinances, regulations, statutes, exc):
Minnesota S tatute 465.03 requires every acceptance of a grant or devise of real or personal property on terms
prescribed by donor be made by resolution and adopted by two-thirds majority of the C ity C ouncil.
D .C R IT IC AL T IMIN G IS S U E S:
S taff are targeting a winter 2024 start date for the L ow S alt D esign P ilot C ity program, therefore adoption
of this resolution by the C ouncil at the F ebruary 13th meeting is timely.
The effective date of the grant agreement is the date all signatures are authorized and obtained by
NM C W D .
The expiration date of the grant agreement is January 1st, 2026, or once all obligations have been fulfilled
to the satisfaction of NM C W D , whichever occurs first.
E .F IN AN C IAL IMPAC T:
The C ity will be providing a cost share in the amount of $8,000.
F unds to cover the required cost share are available in the 2024 stormwater budget.
F.L E GAL C ON S ID E R AT ION:
The C ity attorney has reviewed the grant agreement 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
Resolution Resolution L etter
C ost S hare A greement C ontract/A greement
RESOLUTION NO.
RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ACCEPT GRANT FUNDS IN
THE AMOUNT OF $27,800 AND ENTER INTO A COST SHARE AGREEMENT WITH
NINE MILE CREEK WATERSHED DISTRICT TO IMPLEMENT A LOW SALT DESIGN
PILOT CITY PROGRAM
WHEREAS, the Richfield Public Works Department has applied for and been
awarded a cost share grant in the amount of $27,800 from the Nine Mile Creek Watershed
District for 75% of the Low Salt Design Pilot City program costs; and
WHEREAS, the City will pay 25% of the Low Salt Design Pilot City program costs
as laid out in the cost share agreement; and
WHEREAS, the City intends to use these funds to provide Low Salt Design training
to staff and explore options for integration of these practices into City policies and
procedures; and
WHEREAS, Minnesota Statutes section 465.03 requires every acceptance of a
grant or devise of real or personal property on terms prescribed by the donor be made by
resolution adopted by a two-thirds majority of the City Council.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota, as follows:
1. That the City Council of the City of Richfield hereby authorizes the Mayor
and City Manager to enter into the cost share agreement with the Nine
Mile Creek Watershed District in the amount of $27,800.
2. Appropriate City personnel are authorized to administer the funds in
accordance with the grant agreement and terms described by the Nine
Mile Creek Watershed District.
Adopted by the City Council of the City of Richfield, Minnesota this 13th day of
February, 2024.
Mary Supple, Mayor
ATTEST:
Dustin Leslie, City Clerk
NMCWD 1-24
Public Cost Share Agreement
1
NINE MILE CREEK WATERSHED DISTRICT
COST SHARE PROGRAM
Cost Share Agreement between
NINE MILE CREEK WATERSHED DISTRICT and
the City of Richfield
The parties to this cost share agreement are the Nine Mile Creek Watershed District (NMCWD), a
public body with purposes and powers set forth at Minnesota Statutes chapters 103B and 103D, and
the City of Richfield (CITY), a body corporate and politic and a HOME RULE CHARTER city of
the State of Minnesota. The purpose of this agreement is to provide for contribution by NMCWD
to the costs of a Low Salt Design Pilot City program facilitated by Bolton and Menk.
NMCWD has determined the amount of funding that it will contribute to the training on the basis
of the water-quality improvement, public education and demonstration benefits that will be realized.
NMCWD commits to reimburse CITY in accordance with the terms and on satisfaction of the
conditions of this agreement.
1. Scope of Work
CITY will participate in a Low Salt Design training and field trip and explore options for low salt
integration into CITY processes as described in the scope of work and budget attached to and
incorporated into this agreement as Exhibit A. In the event of conflict or disparity between a term
or terms of this agreement and Exhibit A, the language in this agreement will prevail.
CITY will submit to NMCWD at least one report that includes a narrative describing the outcomes
of the program, a description of and receipts documenting eligible costs incurred including in-kind
contributions, and a description of any changes made to the trainings. A final Project Report must
be submitted to NMCWD within 60 days of certification of the completion of the program.
2. Reimbursement
Total reimbursement under this agreement will not exceed $27,800 or 75 percent of eligible costs,
whichever is less.
On receipt and approval by NMCWD of paid receipts or invoices documenting costs incurred in the
course of the program, NMCWD will reimburse CITY 75 percent of CITY’s eligible costs to design
and construct the Project, up to an in-progress total of $25,020. Contributed labor will not be
reimbursed, but may apply toward total cost of completion of the Project.
NMCWD has determined that partial performance of obligations under section 1 of this agreement
may confer no or limited benefit on NMCWD. As a result, NMCWD will withhold 10 percent of
any reimbursement until confirmation by NMCWD that the program is complete and in
conformance with Exhibit A, and a final Project Report has been submitted.
NMCWD 1-24
Public Cost Share Agreement
2
Further, absent NMCWD’s written concurrence to an extension of a timeframe established in this
agreement, NMCWD’s commitment to provide reimbursement will be void after the passage of any
deadline for action on the part of CITY’S stated herein.
3.Right of Access
CITY will permit NMCWD representatives to participate in trainings and sit in on discussions with
Bolton and Menk. If NMCWD finds that an obligation under this agreement is not being met, it will
provide 30 days’ written notice and opportunity to cure, and thereafter may declare this agreement
void. CITY will reimburse NMCWD for all costs incurred in the exercise of this authority, including
reasonable engineering, legal and other contract costs.
4.Acknowledgment and Publicity
Any publicly distributed or displayed printed or electronic documents or other text display regarding
the Program must properly acknowledge the funding provided by NMCWD. CITY will cooperate
with NMCWD to seek publicity and media coverage of the Program.
5.Independent Relationship
NMCWD’s role under this agreement is solely to provide funds to support the performance of
voluntary work by CITY that furthers the purposes of NMCWD. CITY is not the agent,
representative, employee or contractor of NMCWD. This agreement is not a joint powers agreement
under Minnesota Statutes section 471.59. CITY acts independently and selects the means, method
and manner of training. Each party agrees that it will be responsible only for its own acts and the
results thereof to the extent authorized by the law and will not be responsible for the acts or
omissions of the other party or the results thereof.
6. Effective Date; Termination; Survival of Obligations
This agreement is effective when fully executed by the parties and expires three years thereafter.
NMCWD retains the right to void this agreement if training is not completed by 1/1/2026.
NMCWD may grant a request to extend the program period based on CITY’s satisfactory
explanation and documentation of the need for an extension. Upon issuance by NMCWD of notice
of NMCWD’s determination to void this agreement, CITY will not receive any further
reimbursement for training subject to this agreement, unless NMCWD extends the completion
period.
All obligations that have come into being before termination shall survive expiration.
7.Subcontract and Assignment
CITY will not assign, subcontract or transfer any obligation, right or interest in this agreement
without the written consent of NMCWD. Written consent to any subcontract will not relieve CITY
of responsibility to perform under this agreement.
8.Indemnification
NMCWD 1-24
Public Cost Share Agreement
3
Subject to the limitations and immunities of MN Statute Chapter 466, CITY will defend NMCWD,
its officers, board members, employees and agents from any and all actions, costs, damages and
liabilities of any nature arising from; and hold each such party harmless, and indemnify it, to the
extent due to: (a) CITY’s negligent or otherwise wrongful act or omission, or breach of a specific
contractual duty, or (b) a subcontractor’s negligent or otherwise wrongful act or omission, or breach
of a specific contractual duty owed by CITY to NMCWD.
9.Remedies; Immunities
Only contractual remedies are available for a party’s failure to fulfill the terms of this agreement.
Notwithstanding any other term of this agreement, NMCWD and CITY waive no immunities in
tort. No action or inaction of a party under this agreement creates a duty of care for the benefit of
any third party and this agreement creates no right in and waives no immunity, defense or liability
limitation with respect to any third party.
10.Compliance With Laws
CITY is responsible to secure all permits and comply with all other legal requirements applicable to
the construction and maintenance of the Project.
11.Notices
Any written communication required under this agreement shall be addressed to the other party as
follows:
To NMCWD:
To CITY:
Administrator
Nine Mile Creek Watershed District
12800 Gerard Drive
Eden Prairie, MN 55346
Chad Donnelly, or their successor
City of Richfield
6221 Portland Avenue,
Richfield, MN 55423
12. Waiver
NMCWD’s failure to insist on the performance of any obligation under this agreement does not
waive its right in the future to insist on strict performance of that or any other obligation.
Notwithstanding any other term of this agreement, NMCWD waives no immunities in tort. This
agreement creates no rights in and waives no immunities with respect to any third party.
13.Venue and Jurisdiction
NMCWD 1-24
Public Cost Share Agreement
4
The agreement will be construed under and governed by the laws of the State of Minnesota. Venue
and jurisdiction for any legal action hereunder will be Hennepin County, Minnesota.
[Signature page follows.]
NMCWD 1-24
Public Cost Share Agreement
5
Intending to be bound, the parties hereto execute and deliver this agreement.
CITY OF Richfield
By ______________________________ Date:
Katie Rodriguez, its City Manager
By ______________________________ Date:
Mary Supple, its Mayor
NINE MILE CREEK WATERSHED DISTRICT
By_______________________________ Date:
Erica Sniegowski, its Administrator
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #3.D.
STAFF RE P ORT NO. 20
CIT Y COUNCIL MEET ING
2/13/2024
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
2/1/2024
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
2/7/2024
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 first reading of an ordinance amending Section 925 - Nuisances to include
a new provision relating to flexible dumpsters and adding that a violation of section 1305.27 Subd. 5
(Yards) & 6 (Vehicle parking and storage limitations and requirements) is nuisance conduct and subject
to a repeat nuisance fee.
E X E C UT IV E S UM M ARY:
T he City has seen an increase in complaints regarding flexible dumpsters being left on properties for
months at a time, as well as yard parking and cars parked on properties that exceed the four that are
currently allowed by City Code. Proposed ordinance amendments would help alleviate these
violations and also impose a repeat nuisance fee for yard parking and number of vehicles allowed on
a property.
RE C O M M E ND E D AC T I O N:
By Motion: Approve the first reading of an ordinance amending Section 925 of the Richfield City Code
to include a provision relating to flexible dumpsters and adding that a violation of section 1305.27 Sub.
5 & 6 is nuisance conduct subject to a repeat nuisance fee.
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 C ity has seen an increase in complaints regarding flexible dumpsters being left on properties for months at a
time. F lexible dumpsters are meant to be used as a temporary receptacle for removal of household debris,
remodeling project debris, etc., and then collected in a timely manner by a refuse hauler. C ompliance staff are
regularly coming across flexible dumpsters that have been curbside for months at a time, often overflowing with
materials and picked over, only to be filled with more debris. If not picked up in late fall, they then freeze to the
ground over the winter and can't be picked up until the S pring. A ddressing flexible dumpsters as a public
nuisance in city code allows the C ity to issue environmental health violation notices to correct these situations in a
timely manner and maintain the high property standards residents have come to expect.
A dditionally, with the exception of a few instances, yard parking is not allowed in the C ity. C ompliance staff are
finding an unusually high number of properties that have vehicles parked in the yard, and not on a legal surface as
required by code. In addition to illegal yard parking, staff are also finding the number of vehicles parked on
properties is routinely exceeding the limit of 4 per property. S taff are not suggesting to amend the number of cars
allowed on a property, rather just amending S ection 925 to include yard parking and the number of vehicles over
four as nuisance conduct with a repeatable nuisance fine as a penalty, with the intent of reducing the number of
complaints and public safety service calls to an address, correcting these violations in a more timely manner.
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
A positive impact for the proposed ordinance amendment is that it may help limit environmental health concerns
regarding extended use of flexible dumpsters. S eparately, multi-generational homes may be disproportionately
affected by the proposed amendment regarding vehicle parking surfaces and maximums, which could be an
unintended consequence. S ince education on all ordinances is the priority of compliance officers, residents will
have ample opportunity to correct the violation before the repeat nuisance fee would be imposed, helping to
mitigate any unintended consequences.
C .P OL IC IE S (resolutions, ordinances, regulations, statutes, exc):
S ection 925 of the Richfield C ity C ode addresses public nuisances affecting health, peace and safety, and
morals and decency. S ection 1305 relates to Traffic, Motor Vehicles and Other Vehicles. C ommerical use of
dumpsters is referenced in the Zoning C ode and permits for dumpsters to be located on a street are currently
issued through P ublic Works.
D .C R IT IC AL T IMIN G IS S U E S:
There are no critical timing issues.
E .F IN AN C IAL IMPAC T:
There is no financial impact
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 C ouncil may decide to not approve the first reading of the ordinance and direct staff on how to proceed.
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
Repeatable nuisance C over Memo
F lexible dumpsters C over Memo
BILL NO. _____
AN ORDINANCE AMENDING SUBSECTION 925.13 OF THE RICHFIELD CODE OF
ORDINANCES TO ADD THAT A VIOLATION OF SECTION 1305.27 subd. 5 & 6
(PARKING AND TRAFFIC RULES) IS NUISANCE CONDUCT SUBJECT TO A
REPEAT NUISANCE FEE
THE CITY OF RICHFIELD DOES ORDAIN:
Sec. 1. Subsection 925.13, subd. 3 of the Richfield City Code is amended to add a new
clause (t) as follows:
Subd. 3. Definition of nuisance conduct :
. . .
(3) Any activity, conduct, or condition in violation of Sections 511.21, 601, 905,
921, 930, 1305.27 subd. 5 & 6, 1320, or 1325 of the City Code; (Amended, Bill No.
2022-1)
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:
Dustin Leslie, City Clerk
DOCSOPEN-RC160-3-927141.v1-1/12/24
BILL NO. _____
AN ORDINANCE AMENDING SUBSECTION 925.01 OF THE RICHFIELD CODE OF
ORDINANCES AMENDING THE PUBLIC NUISANCE CODE TO ADD A PROVISION
RELATING TO FLEXIBLE DUMPSTERS
THE CITY OF RICHFIELD DOES ORDAIN:
Sec. 1. Subsection 925.01, subd. 4 of the Richfield City Code is amended to add a new
clause (t) as follows:
Subd. 4. Public nuisances affecting peace and safety. The following are declared
to be nuisances affecting peace and safety:
. . .
(t) Flexible dumpsters, no larger than 5 cubic yards, used for temporary storage
of items including but not limited to construction debris, household debris and junk,
wood furniture, etc. placed within 15 feet of: a water or fire hydrant, a right-of-way,
or a roadway surface of any street. Flexible dumpsters shall not remain on a
property for more than 14 days from the date placed at the property and shall be
collected by a waste hauler or otherwise removed within one week after the
container is at capacity. All materials shall be completely and securely placed
within the flexible dumpster.
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:
Dustin Leslie, City Clerk
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #3.E.
STAFF RE P ORT NO. 21
CIT Y COUNCIL MEET ING
2/13/2024
RE P O RT P RE PA RE D B Y:John E vans, E xecutive A nalyst
D E PA RTME NT D IRE C TO R RE V IE W:K arl Huemiller, Recreation S ervices D irector
2/7/2024
O THE R D E PA RTM E NT RE V IE W:None
C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager
2/7/2024
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consider the acceptance of a quote from Northland Recreation in the amount of $100,000 for the
replacement of play equipment at Fairwood Park and the authorization of the Recreation Services
Director to proceed with the project.
E X E C UT IV E S UM M ARY:
On December 13, a request for proposal was released to solicit proposals for the replacement of the outdated
play equipment at Fairwood Park (6700 Logan Avenue). The project is part of the approved 2023 Capital
I mprovement Budget and allocates $100,000 for park.
An open house was conducted and surveys were collected to solicit input from residents living near the park to
determine their preferred features, color schemes, themes, and play activities for Fairwood. These preferences
informed many of the specifications within the request for proposal. The deadline for play equipment vendors to
submit their proposals was Friday, J anuary 5. Three proposals were received: Midwest Playscapes, Northland
Recreation, and Webber Recreation.
On T hursday, January 25, the three proposals were reviewed and scored by three members of the
Community Services Commission and four staff members. T he scoring was based on the criteria
outlined in the RFP, including neighborhood preferences for play features and factors like
inclusiveness, safety, appeal to all ages, and overall design.
The highest-scoring proposal was from Northland Recreation. Their proposal meets all bonding and insurance
requirements and they are a trusted vendor/installer with whom the City has worked in the past.
The play equipment will be installed in the same container as the existing equipment, located at the north end of
Fairwood Park. Work will be completed by J une 1, 2024.
This request for proposal and award of contract follows a previous RFP that was issued for the same project in
2023 and a different vendor was chosen. That proposal did not include a project element required by the
revised RF P, so the quote and all three proposals were rejected by the City Council on November 14 for the
purpose of reissuing the RF P in December.
RE C O M M E ND E D AC T I O N:
By Motion: Accept the quote from Northland Recreation in the amount of $100,000 for the replacement
of play equipment at Fairwood Park and authorize the Recreation Services Director to proceed with
the 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 C ity of Richfield C apital Improvement P lan includes replacement of the play equipment that is oldest or most
in need of replacement each year, taking into consideration any updates in safety, design, and play experiences
since the existing equipment was installed. The life span of play equipment is typically about 25 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
Impact:
P layground equipment is an amenity that is free to use at anytime during park hours, making play lots among our
most-used and widely-accessible recreation amenities. A ll proposals are graded on accessibility and A D A
standards.
Pe ople :
The Recreation S ervices D epartment has an ongoing commitment to provide programs and facilities that are
accessible and inviting to all people, regardless of ethnicity, gender identification, or economic status.The play
equipment lots are available to, and regularly used by, all members of our community.
Consequences:
The Recreation S ervices D epartment has been proactive about creating a welcoming environment for all people
and we have seen diverse participation. S taff realizes that these facilities are made possible by all of Richfield
residents and strives to take steps to make sure that our participants reflect that diversity and individuality.
Strategic Outcome Considerations: The acceptance of the quotes for the replacement of play equipment at
F airwood P ark will ensure "city infrastructure supports service needs" into the future.
C .P OL IC IE S (resolutions, ordinances, regulations, statutes, exc):
F or projects over $75,000, cities must require contractors to provide a performance bond and a payment bond.
In addition, Minnesota S tatute 471.425 requires that each contract between the government entity and a prime
contractor to require the prime contractor to pay subcontractors within 10 days of receipt of payment from the
government entity. This provision is included in the attachment to the proposal. B oth of these requirements were
included in the RF P.
Municipalities may award a contract for construction, alteration, repair, or maintenance work to the vendor or
contractor offering the best value under a request for proposals as described above, and in state statutes section
16C .28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
D .C R IT IC AL T IMIN G IS S U E S:
Removal of the old equipment and installation of the new equipment will take place in S pring of 2024.
E .F IN AN C IAL IMPAC T:
F unding for the new play equipment is included in the approved 2023 C apital Improvement B udget in the amount
of $100,000.
The proposed project budget includes all of the following:
Removal of old equipment.
Installation of new play equipment, wood carpet, and wear pads.
E xcavation & grading within the container (existing container border can be used).
Installation of drain tile, initial grading, backfill, sod & seed.
E xport of unwanted fill.
F.L E GAL C ON S ID E R AT ION:
There are no additional legal considerations for this item.
ALT E R N AT IV E R E C OMME N D AT ION(S):
Reject the quote, which would delay the replacement of the play equipment. D irect the C ommunity S ervices
C ommission to approve a new RF P and consider new proposals for a future season.
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
F airwood RF P B ackup Material
Northland Recreation Quote C ontract/A greement
RICHFIELD RECREATION SERVICES | 7000 NICOLLET AVE | RICHFIELD, MN 55423
Page 1
REQUEST FOR PROPOSAL
DESIGN, SUPPLY & INSTALLATION OF
PLAYGROUND EQUIPMENT AT FAIRWOOD PARK
RFP Release: Wednesday, December 13, 2023
Deadline for Submittal: Friday, January 5, 10:00 am
DATE OF ALL WORK FOR FAIRWOOD PARK MUST BE BETWEEN January 1, 2024, AND JUNE 1, 2024.
I. GENERAL GUIDELINES
A. Requests For Proposals
The City of Richfield is seeking proposals from interested and qualified companies for the design, supply and
installation of playground equipment at Fairwood Park (6700 Logan Avenue), Richfield, MN 55423. Upon
receipt of the proposals, the City intends to make a contract by direct negotiation.
B. Owner and Submission Information
Interested companies should submit FOUR COPIES of their proposals to:
RICHFIELD RECREATION
7000 NICOLLET AVE
RICHFIELD, MN 55423
RE: FAIRWOOD PARK EQUIPMENT PROPOSAL
Proposals should include all the items set forth in Section II below. Any questions regarding this Request for
Proposals should be directed to Interim Recreation Services Director Karl Huemiller at 612-861-9387 or
khuemiller@richfieldmn.gov
All proposals should be submitted to the Richfield Community Center at the above address by 10:00 a.m. on
Friday, January 5, 2023.
II. PROJECT DESCRIPTION AND SCOPE
A. General Project Scope
The City of Richfield Recreation Services Department is seeking proposals for the design, supply, and
installation of playground equipment for one existing play equipment replacement at Fairwood and as defined
in Section II, B and C. The proposer would also be responsible for removal and disposal of the existing play
equipment.
B. Budget
Design, supply and installation of new play equipment, concrete border with compacted base aggregate, wood
fiber, fabric, drain tile (in container and to storm sewer), sand base, excavation & grading, finish sod, export
unwanted sand & fill, freight, delivery, and applicable sales tax shall not exceed the budget of $100,000.
C. Design and Cost Proposals
The Proposer shall provide a play equipment design suitable for the existing play container. If Proposer deems
modifications are necessary to the proposed container, these modifications should be clearly indicated on
proposer’s plans and the cost of these modifications must be within the total project budget.
Resilient surface shall be wood fiber to conform to all CPSC and ASTM guidelines. The City will dispose of
excess concrete, sand, or woodchips.
Equipment must meet the following guidelines:
1. Proposer must visit the site and take measurements of existing container to ensure CPSC distance
RICHFIELD RECREATION SERVICES | 7000 NICOLLET AVE | RICHFIELD, MN 55423
Page 2
guidelines;
2. Conform to all CPSC and ASTM guidelines for the equipment itself;
3. Conform to all proposed ADA requirements and IPEMA Certified.
4. Support posts must be powder-coated aluminum or steel, no metal slide surfaces or enclosed tunnels will
be accepted, plastic components must be graffiti-resistant and have UV protection, other component
features will be judged based on the design submitted;
5. Design for should include the following items and must include features for all play ages (2-12) in a single
structure:
PARK DESIGNS TO INCLUDE:
− Color Scheme: Natural (green and brown)
− Rubber transfer surfacing and ramps for full access to play features
− Spiral slides
− Wobbly and balance bridges
− Rock climbing experience
− Musical/sound panels and features
− Deck roofs
− Swings with wear pads, including an inclusive (ADA) swing with rubber surface leading to it and a variety of
other swings (tire, multi-person, standard)
− 2-3 benches in the container
− Spinners (multi-person seated and single)
− Spring riders (animal theme)
− Do not include roller slides or any enclosed slides/tubes
6. The shape and size of the existing areas will dictate the usability of some components. Visit each site and
take your own measurements.
7. The vendor is responsible for the receipt of delivery of the equipment including with unloading and storage
until installation. Storage on-site is permissible.
8. The successful Proposer must provide a performance bond and payment bond in an amount equal to the
full amount of the contract.
9. Each proposal submitted should reflect, by line item, the cost for the design, purchase and installation of
play equipment components, including all applicable sales taxes, freight, and other costs associated with
each piece of equipment. Costs should be broken down into logical categories to aid the City in evaluation
and include:
• All soft costs; including design, overhead, insurance, as well as all applicable sales taxes.
• All hard costs; including all work and materials related to the installation of play equipment, drain tile,
concrete curb and resilient surfacing. Please itemize installation costs.
Each Proposer must submit the following with bid:
• Written assurance that the safety surfacing and play area components meet all applicable U.S. Consumer
Product Safety Commission Guidelines, ASTM standards, proposed ADA requirements, IPEMA Certification
and other applicable state and federal requirements will be required from each Proposer prior to contract
initiation.
• Plan layout of design and catalogue(s) with proposed equipment and safety surfacing identified for review
by staff.
• Current warranty, insurance, and product specification information on all products and materials included in
your proposal.
• Written estimate of delivery and installation time frame.
• Link to videos that show kids playing on components the vendor would like to highlight.
RICHFIELD RECREATION SERVICES | 7000 NICOLLET AVE | RICHFIELD, MN 55423
Page 3
A. Site Review
Each Proposer must visit the site to become familiar with the play container.
B. References
Each Proposer shall provide a list of five municipal references. Each reference must include the name and
address of the jurisdiction where the Proposer has installed equipment similar to the equipment proposed for
this request, and the name and daytime telephone number of an individual, who still works for the jurisdiction,
that the City can contact. Municipalities should be within the metropolitan area and the installation should not
be more than five years old.
C. Specifications
Each proposal submitted shall clearly reflect post diameters and other specifications describing the type of
materials provide in the proposal.
III. EVALUATION AND SELECTION
A. Design Considerations
The design proposed will be a key factor in the selection process. The City encourages innovative, interesting
and exciting designs that will distinguish Richfield parks. Available color selections will be made following the
manufacturer’s standard color chart.
B. Evaluation Criteria
The City reserves the discretion to negotiate and enter into any contract deemed to be in the City’s best
interest. Factors that may be important to the City include:
1. Overall Design
2. Appeal to All Ages
3. Fitness Value
4. Price
5. Degree of Inclusiveness
6. Delivery (including written verification of unloading/storage responsibility) and installation timeframe.
7. Warranty Provisions
8. Review/Inspection of previous installations and/or references.
C. Contract and Insurance Requirements
The selected vendor will be required to enter into a contract with the City, provide the City with a performance
bond and payment bond in an amount equal to the full amount of the contract to assure the timely performance
and payment for the work proposed, and assure their availability to have the Project begin and be completed in
the given date parameter: perform work between January 1, 2024, and June 1, 2024. The City will not be
responsible to store or secure play equipment materials prior to and including installation. Minnesota Statute
471.425 requires that each contract between the government entity and a prime contractor to require the prime
contractor to pay subcontractors within 10 days of receipt of payment from the government entity.
Insurance requirements include:
1. Worker’s Compensation Insurance: The Contractor shall take out and maintain, during the life of the
contract, Worker’s Compensation Insurance with a company that is lawfully authorized to do business in the
State of Minnesota. Such insurance shall protect the Contractor, or Subcontractor or anyone directly or
indirectly employed by any of them from claims under worker’s compensation, disability benefit and other
similar employee benefit acts.
2. Commercial/Comprehensive General Liability Insurance: The Contractor shall take out and maintain
during the life of this contract Public Liability Insurance, Property Damage Liability, and Personal Injury
RICHFIELD RECREATION SERVICES | 7000 NICOLLET AVE | RICHFIELD, MN 55423
Page 4
Insurance with a company that is lawfully authorized to do business in the State of Minnesota. Such insurance
shall protect the Contractor, Subcontractor, or anyone directly or indirectly employed by the Contractor or
Subcontractor performing work covered by this contract from claims arising out of public liability, property
damage, or personal injury including death, as well as claims for property damage which may arise out of work.
The Contractor’s policy shall list the City as an additional insured on a primary or non-contributory basis. The
recommended minimum limits of insurance per project are:
• General Aggregate $1.5 million
• Product-Completed Operations Aggregate $500,000
• Personal and Advertising Injury $1.5 million
• Per Occurrence (Bodily Injury & Property Damage) $1.5 million
3. Fire Insurance: The Contractor is responsible for insuring for fire, and extended coverage including
vandalism and malicious coverage on the work included in the contract from the beginning of the work until
final acceptance of the completed project. The policies shall cover all work incorporated in the project and all
material in place or stored at the site for installation against loss by fire and wind. This provision does not
exclude material partially paid for by the Owner. This insurance shall be for the full insurable value of the
material and shall be kept in full force until final acceptance of the work by the Owner.
4. Automobile Insurance: The Contractor shall take out and maintain during the life of the contract
Automobile Insurance with a company that is lawfully authorized to do business in the State of Minnesota. The
recommended minimum limits of insurance are $1,500,000 combined single limit (B1 & PD).
All insurance referenced in paragraphs 1 through 4 shall be placed with companies acceptable to and
approved by the City prior to the commencement of the work. The Contractor shall submit copies of the
certificate with the City prior to commencement of the work. Certificates of insurance will not be canceled or
allowed to expire until at least 30 days prior written notice has been given to the City. The City shall be shown
on the General Liability coverage as an “additional insured.”
Any proposals received with limits lower than those referenced above may still be considered for this project.
D. Reservations and Other Considerations.
1. The City of Richfield reserves the right to reject any or all proposals. Any proposals exceeding the maximum
funding or footprint on the site will be excluded. Proposal amounts must be effective for 45 days after the
above deadline.
2. The City reserves the discretion to negotiate and accept any proposal based upon its determination of the
City’s best interest.
3. The City will not be responsible for any costs incurred by those submitting or preparing proposals. At the
request of the Proposer, proposals will be returned after the selection process has been completed and a
vendor selected.
4. The City reserves the right to revise the scope of the project based on budget limitations and other relevant
considerations.
5. Each Proposer must meet the City of Richfield contract requirements. The City reserves the right to reject
proposals that do not meet contract requirements. ###
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #3.F.
STAFF RE P ORT NO. 22
CIT Y COUNCIL MEET ING
2/13/2024
RE P O RT P RE PA RE D B Y:D ustin L eslie, C ity C lerk
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
2/7/2024
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 appointing election judges and establishing an absentee ballot
board for the Presidential Nomination Primary Election of March 5, 2024.
E X E C UT IV E S UM M ARY:
The Presidential Nomination Primary Election is being held on Tuesday, March 5, 2024. The city solicited
judges who worked previous elections for the city and had 110 judges confirm that they were available. Per
statute, City Council must appoint election judges prior to the election.
An absentee ballot board must also be established per Minnesota Statutes, Section 203B.121. The absentee
ballot board, which includes Hennepin County Election Staff, will examine all received absentee ballot envelopes
and accept or reject absentee ballots.
The resolution also authorizes the Richfield City Clerk to make any substitutions or additions of election judges
as necessary for the secure and orderly voting environment for the March 5, 2024 election.
RE C O M M E ND E D AC T I O N:
By motion: Adopt a resolution appointing election judges and establishing an absentee ballot board for
the Presidential Nomination Primary taking place on March 5, 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
Minnesota S tatute 204B .21 S ubd. 2 provides that election judges for precincts in a municipality shall be
appointed by the governing body of the municipality and that the appointments be made before the election the
judges will serve.
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 standard city business.
C .P OL IC IE S (resolutions, ordinances, regulations, statutes, exc):
The C ity C ouncil is required by S tate S tatute to make election judge appointments prior to the election. The
proposed resolution contains names of those qualified individuals who have indicated a willingness and ability to
serve as an election judge for the P residential Nomination P rimary E lection.
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:
The C ity C ouncil must appoint election judges to serve at these elections to comply with Minnesota S tatute
204B .21, S ubd. 2.
ALT E R N AT IV E R E C OMME N D AT ION(S):
The C ity C ouncil may choose to appoint other individuals as election judges who are not named in the resolution.
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
E lection J udge Resolution Resolution L etter
RESOLUTION NO.
RESOLUTION APPOINTING ELECTION JUDGES FOR THE PRESIDENTIAL
NOMINATION PRIMARY ELECTION BEING HELD ON MARCH 5, 2024
WHEREAS, Minnesota Election Law 204B.21 requires that persons serving as
election judges be appointed by the Council;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, that the individuals named on Exhibit A, and on file in the office of the City
Clerk be appointed as the City of Richfield Election Judges for the March 5, 2024
Presidential Nomination Primary election; and
BE IT FURTHER RESOLVED, the Richfield City Council also establishes an
Absentee Ballot Board as authorized under Minn. Stat. 203B.121 and authorize the City
Clerk to oversee the appointment and procedural processes of the Absentee Ballot
Board; and
BE IT FURTHER RESOLVED that the Richfield City Clerk is authorized to make
any substitutions or additions as deemed necessary.
Passed and adopted by the City Council of the City of Richfield, Minnesota this 13th
day of February, 2024.
Mary B. Supple, Mayor
ATTEST:
Dustin Leslie, City Clerk
Exhibit A
Presidential Nomination Primary Election Judges
Joyce Anderson
John Ashmead
Barbara Bauer
Valerie Belton
Rosemary Bernau
Rosalie Bjorkman
Suzi Blumberg
Mary Boespflug
Linda Boyd
Daniel Bredemus
Meredith Bruzek
Richard Burgos
Christie Burke
Hazel Burnside
Willis Cahill
Rebecca Case
Sally Cassellius
Carrie Chillman
Mary Clark
Margaret Cole
Gretchen Crow
Scott Dahlquist
Peder DeFor
Blue Delliquanti
Katrina DeVore
Cynthia Dubansky
Joanne Ehren Dahlquist
Mary Elliott
Taryn Ellis
Debbie Eng
Carolyn Engeldinger
Brie Ericksson
Larry Ernster
Mary Jo Fadell
Derek Field
Megan Forsmark
Angela Foss
Nicole Franklin
Beverly Fritz
Dean Gade
Arend Geurink
Allison Glass
Judith Goebel
Jade Goswami
Jane Greene
Rebecca Guarino
Roger Guarino
Mary Hayden
Ruth Hiland
Dean Hoffman
Thomas Jensen
Sita Johnson
Amanda Kaiser
Janet Karnick
Dawn Keaveny
Carol Kellett
Claire Killian
Barbara Knoll
Katie Lankton
Helen Lapakko
Joan Lash
Emily Lodermeier
Natalie Madgy
Ruth Matson
Nicole Mattson
Adam Maurer
Andy May
Adri Melander
Robert Mulcahy
Sarah Musgrave
Sumner Musolf
Carol Nelson
Barbara Orzechowski
Frank Pafko
Nathan Palmer
Linda Petersen
Wayne Peterson
Heather Polivka
Holly Rhodes
Jeffrey Rundgren
Robert Sakkinen
Vicki Saueressig
Michael Sawyer
Maureen Scaglia
Lynn Schoonmaker
Margaret Schow
Anne Schuette
Bonnie Scurry
Michael Smith
Ellen Stavreff
Brett Stursa
Elaine Swanson
John Swanson
Roger Swanson
Kristin Swenson
Cheryl Thiele
Mark Tilc
Hayley Tompkins
Mary Jo Tuttle
John Twisk
Cynthia Wade Forsgren
Sandra Walstrom
Lois Webb-Bradford
Mark Wegener
Bob Wells
Karin Wolverton
Charles Wright
Amy Yescavage
Michael Zazzera
AGENDA SECTION:RESOLUTIONS
AGENDA ITEM #5.
STAFF RE P ORT NO. 23
CIT Y COUNCIL MEET ING
2/13/2024
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
1/11/2024
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
1/17/2024
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Violation hearing and consider a resolution regarding civil enforcement for establishments that recently
underwent alcohol compliance checks conducted by Richfield Public Safety staff, and failed by selling
alcohol to a person under the age of 21.
E X E C UT IV E S UM M ARY:
Alcohol compliance c hecks were conduc ted by Richfield Public S afety staff on November 21, 2023.
Compliance c hecks are done to determine the availability of alcohol to people under 21 and meet State
Statutes. There are currently 32 establishments in Ric hfield that hold lic enses to sell alcohol. Compliance
checks were attempted at all but four establishments which were closed at the time the checks were
conducted.
Two of the 28 establishments c hecked sold alc ohol to an underage person. The action being taken today is for
civil enforcement and penalties against these establishments.
Both establishments have failed two or more alcohol compliance checks in the past.
Resolution No. 9511 states if a sec ond offense oc curs outside of one (1) y ear of a the first offense, it will be
considered a first offense. The following establishment previously failed on November 9, 2021, making this a
first offense.
Lyndale Smokehouse LL C d/b/a Lyndale Smokehouse at 7745 Lyndale Avenue South
Resolution No. 9511 states if the second offense occurs within one (1) year of the first offense, it will
be considered a second offense. T he following establishment previously failed on December 17,
2022, making this a second offense.
Los Sanchez Taqueria I I , L L C d/b/a Los Sanchez Taqueria located at 2 W est 66th Street
Establishments will be given an opportunity to admit they made an unlawful sale to an underage person and
agree to the penalties imposed by the City Council, or deny the allegations and request a c ontested case
hearing.
The City C ounc il will adopt a resolution imposing the penalties for establishments that admit to the violation. I f
the allegation is denied and a contested c ase hearing is requested, the City C ounc il will refer the matter to an
independent hearing examiner. Establishments will be notified of the hearing date and given the opportunity to
present evidence and rebut the City’s evidence at the hearing.
For a first time offense, P ublic Safety recommends the C ity Council follow the guidelines set forth in Resolution
No. 9511.
Suspend their license to sell alcohol for five (5) days.
Pay a $1,000 civil fine.
Meet with the Director of Public Safety to present a written action plan to ensure future compliance.
Require a manager attend an alcohol c ompliance training and awareness presentation with costs paid by
the establishment. The training must be conducted by a private firm and approved by Public Safety.
For a second time offense, Public Safety recommends the City Council follow the guidelines set forth in
Resolution No. 9511.
Suspend their license to sell alcohol for seven (7) days.
Pay a $1,750 civil fine.
Meet with the Director of Public Safety to present a written action plan to ensure future compliance.
Require a manager attend an alcohol c ompliance training and awareness presentation with costs paid by
the establishment. The training must be conducted by a private firm and approved by Public Safety.
RE C O M M E ND E D AC T I O N:
By motion: Approve the attached resolutions regarding civil enforcement for establishments that failed
alcohol compliance checks by selling alcohol to an underage person.
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
A lcohol compliance checks started in 1999 to determine the availability of alcohol to underage people and meet
S tate S tatute. C ivil penalties imposed for failing alcohol compliance checks are an incentive for establishments
to provide ongoing employee training.
On November 21, 2023, Richfield P ublic S afety conducted alcohol compliance checks at 28 establishments in
Richfield that sell alcohol and were assisted by two people, both 18 years of age. The establishments that sold
alcohol to underage youth are:
Lyndale S mokehouse L L C , d/b/a Lyndale S mokehouse
L os S anchez Taqueria II, L L C d/b/a L os S anchez Taqueria
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
A lcohol compliance checks are routine city business.
C .P OL IC IE S (resolutions, ordinances, regulations, statutes, exc):
It is a violation of Minnesota S tate S tatute to sell alcohol to a person under the age of 21.
Resolution No. 9511 specifies certain improper conduct of alcohol license holders and delineates the
progressive discipline that can be expected when violations occur, such as the sale of alcohol to an underage
person.
D .C R IT IC AL T IMIN G IS S U E S:
F ine and suspension requirements must be met by March 13, 2024.
E .F IN AN C IAL IMPAC T:
The fine being recommended at this time is intended to recover 100% of the costs for conducting the compliance
checks and to impose a financial penalty.
F.L E GAL C ON S ID E R AT ION:
The employee of each establishment that sold alcohol to a person under the age of 21 has been charged with
Gross Misdemeanor F urnishing per state statute.
ALT E R N AT IV E R E C OMME N D AT ION(S):
The C ouncil may consider taking more or less severe action against the establishments that sold alcohol to an
underage person; however, that would deviate from the guidelines set for progressive discipline in Resolution No.
9511.
P R IN C IPAL PAR T IE S E X P E C T E D AT ME E T IN G:
Representatives from each establishment will be present. They have been notified in writing of this requirement.
AT TAC H ME N T S:
D escription Type
Resolution C over Memo
RESOLUTION NO.
RESOLUTION SUSPENDING THE LIQUOR LICENSE FOR LYNDALE
SMOKEHOUSE, LLC d/b/a LYNDALE SMOKEHOUSE, 7745 LYNDALE AVENUE
SOUTH AND IMPOSING A CIVIL PENALTY FOR FIRST TIME ALCOHOL
COMPLIANCE FAILURE
WHEREAS, Lyndale Smokehouse, LLC d/b/a Lyndale Smokehouse (“Licensee”)
holds On-Sale Intoxicating and Sunday Sales Liquor Licenses from the City of Richfield;
and
WHEREAS, on November 21, 2023, the City of Richfield Public Safety
Department conducted a compliance check of the Licensee’s establishment and during
the compliance check, an employee of the Licensee, sold alcohol to an underage
person; and
WHEREAS, this is their first alcohol compliance check failure; and
WHEREAS, the Licensee appeared before the Richfield City Council on
February 13, 2024, and admitted the violation and stipulated to the penalty imposed by
this resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield as follows:
1. The Licensee’s On-Sale Intoxicating and Sunday Sales Liquor licenses are
hereby suspended for a period of five (5) consecutive days, commencing on a
date to be determined by the Public Safety Director, but to take place within 30
days after their Council appearance.
2. A civil penalty of $1,000 is hereby imposed. On or before March 13, 2024, the
Licensee shall deliver a check or money order payable to the City of Richfield in
the amount of $1,000.
3. Meet with the Director of Public Safety by March 13, 2024, to present a written
action plan to ensure future compliance.
4. A manager must attend alcohol compliance and sales awareness training
conducted by a private firm, approved by Public Safety, with all costs paid by the
establishment.
Passed by the City Council of the City of Richfield this 13th day of February 2024.
.
_________________________
Mary Supple, Mayor
ATTEST:
________________________
Dustin Leslie, City Clerk
RESOLUTION NO.
RESOLUTION SUSPENDING THE LIQUOR LICENSE FOR LOS SANCHEZ
TAQUERIA II, LLC d/b/a LOS SANCHEZ TAQUERIA, 2 WEST 66TH STREET AND
IMPOSING A CIVIL PENALTY FOR SECOND TIME ALCOHOL COMPLIANCE
FAILURE
WHEREAS, Los Sanchez Taqueria II, LLC d/b/a Los Sanchez Taqueria
(“Licensee”) holds On-Sale Intoxicating and Sunday Sales Liquor Licenses from the City
of Richfield; and
WHEREAS, on November 21, 2023, the City of Richfield Public Safety
Department conducted a compliance check of the Licensee’s establishment and during
the compliance check, an employee of the Licensee, sold alcohol to an underage
person; and
WHEREAS, this is their second alcohol compliance check failure; and
WHEREAS, the Licensee appeared before the Richfield City Council on
February 13, 2024, and admitted the violation and stipulated to the penalty imposed by
this resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield as follows:
1. The Licensee’s On-Sale Intoxicating and Sunday Sales Liquor licenses are
hereby suspended for a period of seven (7) consecutive days, commencing
on a date to be determined by the Public Safety Director, but to take place
within 30 days after their Council appearance.
2. A civil penalty of $1,750 is hereby imposed. On or before March 13, 2024, the
Licensee shall deliver a check or money order payable to the City of Richfield
in the amount of $1,750.
3. Meet with the Director of Public Safety by March 13, 2024, to present a
written action plan to ensure future compliance.
4. A manager must attend alcohol compliance and sales awareness training
conducted by a private firm, approved by Public Safety, with all costs paid by
the establishment.
Passed by the City Council of the City of Richfield this 13th day of February 2024.
_________________________
Mary Supple, Mayor
ATTEST:
________________________
Dustin Leslie, City Clerk
AGENDA SECTION:OTHER BUSINESS
AGENDA ITEM #6.
STAFF RE P ORT NO. 24
CIT Y COUNCIL MEET ING
2/13/2024
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:Melissa P oehlman, C ommunity D evelopment D irector
1/12/2024
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
1/17/2024
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consider City Council's approval of the Mayor's appointment of a Housing and Redevelopment
Authority Commissioner.
E X E C UT IV E S UM M ARY:
On December 13, 2011, the City Council established by resolution that the public’s interest is best served by
having a composition of two appointed Council Members and three Mayor-appointed citizens who serve on the
Housing and Redevelopment Authority (HRA). The appointed commissioners also serve on the Economic
Development Authority (E D A).
On J anuary 4, 2024, three members of the HRA and E D A interviewed four residents that applied for the seat.
After interviews, the members discussed their opinions and provided a name for recommendation.
Gordon Hanson is seeking re-appointment to the H R A and E D A as a Mayor-appointed citizen. In
order to correct the staggering of terms, Commissioner Hanson's previous appointment was for only
two years; he has served since March 2022. His re-appointment would be for the standard five-year
term.
RE C O M M E ND E D AC T I O N:
By motion: Approve the May or’s appointment of Gordon Hanson as a Housing and
Redev elopme nt Authority Commissione r for a fiv e-y ear te rm e xpiring February 28, 2029.
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
C ity C ouncil Resolution No. 10586 was approved D ecember 13, 2011, regarding appointments to the Housing
and Redevelopment A uthority board of commissioners; establishing composition of the board and term limits on
non-elected members.
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):
Under S tate law, the Mayor appoints HRA C ommissioners, subject to approval of the C ity C ouncil.
D .C R IT IC AL T IMIN G IS S U E S:
To ensure adequate representation at future meetings, the C ity C ouncil should appoint HRA C ommissioners as
soon as possible.
E .F IN AN C IAL IMPAC T:
These appointments are no additional cost to the C ity.
F.L E GAL C ON S ID E R AT ION:
P ursuant to Minnesota S tate S tatutes (469.003, subd. 6), “commissioners shall be appointed by the mayor, with
the approval of the governing body.”
ALT E R N AT IV E R E C OMME N D AT ION(S):
The C ouncil may decide not to approve the Mayor’s appointment or defer the appointment to a future C ity C ouncil
meeting.
P R IN C IPAL PAR T IE S E X P E C T E D AT ME E T IN G:
None
AGENDA SECTION:OTHER BUSINESS
AGENDA ITEM #7.
STAFF RE P ORT NO. 25
CIT Y COUNCIL MEET ING
2/13/2024
RE P O RT P RE PA RE D B Y:C hris S wanson, Management A nalyst
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:Mary Tietjen, C ity A ttorney
C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager
2/7/2024
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consider the Charter Commission's recommendations for amendments to the current City Charter by
ordinance and publish a notice of a public hearing on the proposed City Charter amendments.
E X E C UT IV E S UM M ARY:
It’s considered best practices to periodically review the Charter to ensure the document is still
relevant and functional. Beginning in 2022, the Richfield Charter Commission (“the Commission”)
began a review of the current Charter. Staff worked with the Commission to identify areas where the
Charter could be updated to bring in line with state statute and best practices. T here were also
several small general grammar and spelling changes that staff updated during this process.
T he Commission has identified and recommends amendments to the current Charter. T hese
amendments simplify and clarify language in the Charter; clarify the Council's and Mayor ’s authority in
times of emergency; add consistency with state law; expand the Council's authority to approve public
purpose expenditures; and update the document to reflect current community conditions. T he City
Attorney drafted the proposed amendments consistent with the Commission direction and feedback.
T he recommended amendments are included in the attached documents.
After many meetings over the course of many months, the Charter Commission formally acted on December 5,
2023, to recommend the Amendments for adoption by the City Council. The Charter Commission and staff is
asking the Richfield City Council to accept a letter which transmits the proposed amendments to the Richfield
City Charter to the Richfield City Council. The proposed amendments are being forwarded for consideration
for adoption by ordinance pursuant to Minnesota Statutes, Section 410.12, subdivision 7.
W ithin one month of the Charter Commission transmitting their recommendation for proposed amendments to
the Richfield City Charter, the City must publish notice of a public hearing on the proposal. The Council must
hold the public hearing on the proposed charter amendments at least two weeks but not more than one month
after the notice if published. Finally, within one month of that public hearing, the Council must vote on the
proposed ordinance. For the amendments to be accepted the changes must be approved by unanimous
support of all members.
RE C O M M E ND E D AC T I O N:
By Motion:
1. Accept the letter from Charter Commission transmitting the recommendations for proposed
amendments to the Richfield City Charter; and
2. Adopt the Resolution authorizing notice of a public hearing including a summary of the proposed
city charter amendments.”
B AS IS O F RE C O M M E ND AT I O N:
A .H IS TOR IC AL C ON T E X T
Richfield is a home rule charter city. The Richfield C ity C harter was adopted November 3, 1964.
There have been several amendments to the C harter since its adoption, the most recent occurred in 2013.
The C harter commission began the review of the C ity C harter March 1, 2022.
On A ugust 10, 2022, the C ity C ouncil and members of the C harter C ommission held a joint work session to
review proposed changes to the charter. The C ommission held a special meeting in late 2022 to review the
council comments and made changes that reflected the items discussed during the A ugust 10th work session.
The updated changes to the charter were sent to council for additional discussion in 2023.
At the January 10, 2023, work session, the City Council reviewed these updated amendments to
the city charter. T he council was supportive of most of the revised changes proposed by the
Commission. T he Commission met in early April of 2023 and adopted all changes discussed
during the January 10 work session. Recognizing the detailed discussion around Section 2.06. -
T he Mayor, specifically, the mayor ’s emergency declaration and powers at the work session, the
Charter Commission wanted more direction from council on this section.
At the September 26, 2023, work session, City Council discussed Section 2.06. - T he Mayor.
T hey specifically discussed the balance between the mayor ’s emergency declaration and powers
and the need for accountability and reasonability to the community in times of
emergency. Ultimately, the City Council was able to draft language which they felt addressed
both issues. T he draft language was sent back to the Charter Commission for a final review.
At the Charter Commission's meeting on December 5, 2023, the Commission approved moving
forward with a recommendation to the Council for consideration and adoption by ordinance of the
proposed Charter amendments.
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):
The C ity C harter is a fundamental governing document of the city.
S tate S tatute establishes a process for amendments to city charters.
D .C R IT IC AL T IMIN G IS S U E S:
There is explicit timing outlined in state statute for amending a C ity C harter by ordinance.
E .F IN AN C IAL IMPAC T:
The ordinance method of adopting charter amendments is the only way to adopt a charter amendment without
holding an election. A mending the charter by submitting the question to voters at an election is significantly more
expensive than adoption by ordinance.
F.L E GAL C ON S ID E R AT ION:
None
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:
AT TAC H ME N T S:
D escription Type
P ublic Hearing Notice for A mendments to the C ity C harter B ackup Material
Resolution authorizing public hearing summary of
ordinance.Resolution L etter
L etter Transmitting Recommended C harter A mendments-
Vice-P resident B ornholdt(2-7-24)B ackup Material
C ity C harter A mendments (RE D L INE 12-5-2023)Ordinance
CITY OF RICHFIELD
Public Hearing Notice
REGARDING:
The Richfield Charter Commission has forwarded to the City Council proposed
amendments to the Richfield City Charter for consideration and adoption by
ordinance pursuant to Minnesota Statutes, section 410.12, subd. 7. The Council
must hold a first and second reading of the ordinance and a public hearing before
adopting the proposed Charter amendments. The first reading of the ordinance is set
for February 28, 2024.
WHEN:
Second reading of ordinance and Public Hearing:
Tuesday, March 12th, 2024
7:00 p.m.
WHERE:
Richfield Municipal Center, City Council Chambers. 6700 Portland Avenue
SUMMARY OF PROPOSED CHARTER AMENDMENTS:
The proposed Charter amendments include various corrective changes, updates to
reflect statutory changes, and other amendments, including but not limited to, that
the charter is self-authenticating, clarifying the process to fill a vacancy on the
council, addressing the role of the mayor and staff in an emergency, expanding
notice to councilmembers for emergency meetings, clarifying a majority vote of a
quorum is needed for motions and resolutions, adding a section regarding interim
ordinances, adding a section on electronic signatures, revising franchise provisions,
authorizing electronic signatures when allowed by law, and adding a section
regarding authorized public expenditures.
A copy of the full set of amendments is available on the city’s website
(www.richfieldmn.gov) or can be obtained by contacting the City Clerk.
QUESTIONS:
For more information, please call the Executive Department at 612-861-9712.
HOW TO COMMENT:
Attend the hearing and you will be heard or submit written comments. If you are
unable to comment during the Council meeting, please visit the City Council
webpage at richfieldmn.gov/agenda for other ways to comment.
DUSTIN LESLIE
City Clerk
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.
Published: February ____, 2024
RESOLUTION NO. _______
A RESOLUTION AUTHORIZING NOTICE OF A PUBLIC HEARING INCLUDING A
SUMMARY OF THE PROPOSED CITY CHARTER AMENDMENTS
WHEREAS, the Richfield Charter Commission (“Commission”) and the Richfield City
Council (“Council”) have been working cooperatively on a comprehensive review and update of
the City Charter; and
WHEREAS, the Commission and Council have each held several meetings at which they
reviewed and commented on proposed amendments to the City Charter; and
WHEREAS, at its meeting on December 5, 2023, the Commission approved moving
forward with a recommendation to the Council for consideration and adoption by ordinance of
the proposed Charter amendments; and
WHEREAS, the Council is authorized to amend the City Charter by ordinance upon
recommendation of the Commission, but pursuant to Minnesota Statutes, section 410.12, subd. 7,
must first publish notice and hold a public hearing as part of the usual two reading process for
the adoption of ordinances; and
WHEREAS, Minnesota Statutes, section 410.12, subd. 7, also requires the public hearing
notice to include the text of the proposed charter amendments and the Council wishes to
authorize staff to publish a summary of the proposed amendments; and
WHEREAS, at its meeting on February 13, 2024, the Council received and accepted the
Commission's recommendation to amend the Charter by ordinance.
NOW, THEREFORE, BE IT RESOLVED, by the Richfield City Council as follows:
1. The first reading of the ordinance adopting the proposed Charter amendments is set for
February 28, 2024.
2. The second reading and public hearing related to the proposed Charter amendments is set for
March 12, 2024.
3. City staff is authorized and directed to publish notice of a public hearing to be held on March
12, 2024, together with the second reading of the ordinance adopting the proposed City
Charter amendments.
4. The Council hereby approves the attached public hearing notice including the summary of
the proposed amendments and directs that the full set of amendments be posted on the City’s
website and be available at the City Clerk’s office at the Richfield Municipal Center.
Adopted by the City Council for the City of Richfield on this 13th day of February 2024.
____________________________
Mary Supple, Mayor
ATTEST:
____________________________
Dustin Leslie, City Clerk
(Supp. No. 31)
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Richfield, Minnesota, Code of Ordinances
Appendix A CITY CHARTER OF RICHFIELD
Appendix A
CITY CHARTER OF RICHFIELD
RICHFIELD CITY CHARTER
CHAPTER 1. NAMES, BOUNDARIES, POWERS AND GENERAL PROVISIONS
Section 1.01. Name and Boundaries.
The Village of Richfield, in the County of Hennepin, and State of Minnesota, shallwill, upon
the taking effect of this Charter, continue to be a municipal corporation, under the name and
style of the City of Richfield, with the same boundaries as now are or hereafter may be
established.
Section 1.02. Powers of the City.
The City shallwill have all powers which it may now or hereafter be possible for a municipal
corporation in this state to exercise in harmony with the constitutions of this state and of the
United States. It is the intention of this Charter that every power which the people of the City
might lawfully confer upon themselves, as a municipal corporation, by specific enumeration in
this Charter shallwill be deemed to have been so conferred by the provisions of this section.
This Charter shallwill be construed liberally in favor of the City, and the specific mention of
particular powers in the Charter shall will not be construed as limiting in any way the generality
of the power herein sought to be conferred.
Section 1.03. Charter a Public Act.
This Charter shallwill be a public act and need not be pleaded or proved in any case. It shall
take effect thirty (30) days from and after its adoptionThe charter, as published by the City, is
self-authenticating and does not require the production of extrinsic evidence to prove its
authenticity. The City will publish amendments to the charter as required by law and post the
voterscurrent version of the charter on the City’s website.
CHAPTER 2. FORM OF GOVERNMENT
Section 2.01. Form of Government.
The form of government established by this Charter is the "Council-Manager Plan". The
Council shallwill exercise the legislative power of the City and determines all matters of policy.
The City Manager shallwill be the head of the administrative branch of the City government and
shall be is responsible to the Council for the proper administration of all affairs relating to the
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City.
Section 2.02. Boards and Commissions.
There shallwill be no separate administrative board of health, library board, park board or any other
administrative board or commissionboards or commissions except for the existing Fire Civil Service
CommissionsCommission and boards andestablished for the administration of a function jointly
with another political subdivision. The Council shall itself be and perform performs the duties and
exerciseexercises the powers of such boards and commissions. The Council may, however,
establish boards or commissions to advise the Council with respect to any municipal function
or activity, to investigate any subject of interest to the City, or to perform quasi -judicial
functions.
Section 2.03. Elective Officers.
The Council is composed of a Mayor and four Council Members, all of whom must be
registered voters. The offices of Mayor and at-large Council Member must be filled by election
at -large. The offices of the three districtward Council Members must be elected from
apportioned Council districtswards in which they reside. The Mayor and the Council Members
shall will each be elected to a four-year term with Mayor and the Council Member at-large in
1994 and each succeeding four years and the district Council Members elected in 1992 and
each succeeding four years. The regular term of an office commences at the first regular or
special council meeting in January next following the general election at which balloting for the
full term of office occurs, and office holders must serve until their successors are elected and
qualified. A candidate for the office of districtward Council Member must reside while seeking
election and while serving in office within the districtward from which he or she is elected.
Within two years after each United States Census the City Council shallwill by ordinance
establish compact and contiguous districtswards to be apportioned by population as nearly
equal as practicable. The three Districts shallwards will be Eastern, Central and Western Richfield
with dividing lines generally north and south.
(Amended, Bill 1992-10; Bill No. 2003-20)
Section 2.04. Incompatible Offices.
No member of the Council shallcan be appointed City Manager, nor shallcan any member
hold any paid municipal office ofor employment underwith the City; and until. A member of the
Council may not, for a period of one year after the expiration of the member's term as Mayor
or Council Member, no former member shall be appointed to any paid appointive office or
employment underwith the City which were increased during the Council Member's term in office.
(Amended, Bill 1990-13)
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Section 2.05. Vacancies.
Subdivision 1. Existence. A vacancy in the office of Council Member exists for the
following reasons:
(1) A vacancy shall exist as of the date of death or resignation of a Council Member.
(2) As soon as it is determined that a Council Member is ineligible because of any of the following reasons:
(i) the failure of any person elected to the Council to qualify on or before the date
of the second regular meeting of the Council in the year following the year of
election;
(ii3) the Council Member ceasing to be a resident of the City;
(iii4) a districtward Council Member ceasing to be a resident of the districtward which
the member represents;
(iv5) continuous absence of the Council Member from the City for more than 90
days;
(v6) conviction of a Council memberMember of a felony whether before or after
qualification;
(vi7) any other reason specified by law except those reasons specified in paragraph (1) of this
subdivision; or
(vii8) by reason of the failure of the Council Member, without good cause, to perform
any of the duties of a Council Member for a period of 90 days.
Subd. 2. Declaration of Vacancy. When a vacancy occurs, the Council shall,must by
resolution, at a regular or special Council meeting, declare athe vacancy on the Council to exist.
Subd. 2Subd. 3. Procedure Following Council Vacancy.
(1) If 90 days or less remain in the Council Member's term after the vacancy, the person
elected to that office for the term commencing on January 1 of the next year
shallmust be appointed by the Council to fill the remaining portion of the unexpired
term at the next regular Council meeting following the declaration of the results of
the election with the City Clerk. The appointment shallmust be the first order of
business of such meeting.
(2) If less than 180365 days and more than 90 days remain in the Council Member's term
of office after the vacancy, the Council shallmust appoint an eligible person to fill the
vacancy for the unexpired term. If the Council fails to agree upon an appointee to fill
the vacancy within 30 days after the vacancy, the Mayor shallwill appoint a person to
fill the vacancy.
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(3) If 180365 days or more remain in the Council Member's term of office after the
vacancy, the Council shall must call a special election to fill the vacancy for the balance
of the Council member's term. The special election shall will be called at the same
Council meeting at which the vacancy is declared to exist or at the next regular
Council meeting following the death or resignation of a Council Member, as the case
may be. The special election shallmust be held not less than 30 nor more than 60 days after
the Council meeting at which the election is calledon the first date authorized by state law.
The election to fill the unexpired term shallmust be in accordance with the provisions
of Section 4.03, except that there shallwill be no primary election and the candidate
receiving the highest number of votes shallwill be elected to fill the unexpired term.
The term of the person so elected shallwill start as soon as the declaration of the
results has been filed with the City Clerk and the person has qualified for office.
(Amended, Bill No. 1992-10)
Section 2.06. The Mayor.
Subdivision 1. The Mayor shallwill be the presiding officer of the Council, except that the
Council shallmust choose from its members a president pro temptem who shallwill hold office
at the pleasure of the Council and shallwill serve as presidentMayor in the Mayor's absence
and as Mayor in case of the Mayor's disability or absence from the City. The Mayor shall will
have a vote as a member of the Council and shallwill exercise all powers and perform all
duties conferred and imposed upon the office by this Charter, the ordinances of the City,
and the laws of the state. The Mayor shallwill be recognized as the official head of the City
for all ceremonial purposes, by the courts for the purpose of serving civil process, and by
the governor for the purposes of martial law. The Mayor shallmay study the operations of
the City government and shallwill report to the Council any neglect, dereliction of duty, or
waste on the part of any officer or department of the City. In time of public danger or
emergency the Mayor may, as needed, with the consent of the Council, take command of
direct the City Mmanager, and the designated Emergency Director the police , to to
maintain order and enforce the law. and to respond to the emergency including, but not
limited to, requesting assistance from federal, state, and local agencies as may be needed. If
time and circumstances allow, in the Mayor’s discretion, the Mayor will consult with the
Council prior to conferring with City staff.
Subd. 2.Vacancy in Office of Mayor.
(1) Existence, Declaration. A vacancy in the office of Mayor shallwill be declared upon the
same grounds and by the same procedure as provided in Section 2.05, subdivision 1,
paragraphs (1) and (2) for Council Members.
(2) Procedure Following Vacancy. Following a vacancy in the office of Mayor, the
presidentMayor pro tem shallmust assume the duties of Mayor until a Mayor is elected.
The presidentMayor pro tem's duties shallwill be in addition to that person's duties as
Council Member. Such person shallwill have only one vote with respect to all matters
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which are voted upon by the Council. If less than 180365 days remain in the unexpired
term of office following the vacancy in the office of Mayor, the presidentMayor pro
tem will assume the duties of Mayor for the unexpired term. If 180365 days or more
remain in the unexpired term following the vacancy in the office of Mayor, a special
election shallmust be called at the regular Council meeting at which the declaration is
made or at the next regular Council meeting following the death or resignation of the
Mayor, as the case may be, and the election shallwill be held not less than 30 nor more
than 60 days after the meeting at which the election is calledon the first date authorized by
state law. The election to fill the unexpired term shallwill be in accordance with the
provisions of Section 4.03, except that there shallwill be no primary election and the
candidate receiving the highest number of votes shallwill be elected to fill the
unexpired term. The term of the person so elected shallwill start as soon as the
declaration of the results has been filed with the City Clerk and the person qualifies
for office.
(Amended, Bill No. 1992-10)
Section 2.07. Salaries.
The Mayor and the members of the Council shallwill receive payment as set by ordinance.
No change in salary shallmay take effect until after the next succeeding municipal election. The
City Manager and all subordinate officers and employees of the City shallwill receive such
salaries or wages as may be fixed by the Council.
(Amended, Bill 1982-19)
Section 2.08. Investigation of City Affairs.
The Council and the City Manager, or either of them, and any officer or officers formally
authorized by them, or either of them, shallwill have power to make investigations into the
City's affairs, to subpoena witnesses, administer oaths, and compel the production of books
and papers. The Council shallmust provide for an audit of the City's accounts at least once a
year by the state department in charge of such work or by a certified public accountant. The
Council may at any time provide for an examination or audit of the accounts of any officer or
department of the City government and it may cause to be made any survey or research study
of any subject of municipal concern.
Section 2.09. Interference with Administration.
The Council may by ordinance establish a merit system in all or part of the City
administration, but neither the Council nor any of its members shallwill dictate the
appointment of any person to office or employment by the City Manager except as provided in
Chapter 6 of this Charter. Except for the purpose of inquiry, the Council and its member
shallmembers will deal with and control the administrative service solely through the City
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Manager, and neither the Council nor any member thereof shallwill give orders to any of the
subordinates of the City Manager, either publicly or privately.
CHAPTER 3. PROCEDURE OF COUNCIL
Section 3.01. Council Meetings.
Newly elected members of the Council will assume their duties at the first regular or
special meeting of the Council in January following a regular municipal election. Thereafter, the
Council will meet at the times each month as established by ordinance or resolution. The
Mayor or any two members of the Council may call special meetings of the Council upon at
least twelve hours’ notice to each member of the Council. The notice must be delivered
personallyMayor or any two members of the Council may call an emergency meeting upon
notice, as practicable, to each member or be left atof the Member's usual place of residence with some
responsible personCouncil. The notice to Council members of a meeting may be by personal
delivery, telephone, or other electronic means as may be needed to ensure they receive notice .
Meetings of the Council are public, except as otherwise permitted or required by law. Any
person may inspect the minutes and records of the meetings at reasonable times.
(Amended, Bill 1990-13; Bill No. 2003-20)
Section 3.02. Secretary of Council.
The City Clerk shallwill act as secretary of the Council and shallis to keep a journal of Council
proceedings and such other records and perform such other duties as may be required by this
Charter or as the Council may require. The Council shallwill choose such other officers and
employees as may be necessary to serve at its meetings. In the absence of the City Clerk the
Council may designate any other official or employee of the City (except the City Manager or a
member of the Council) to act as secretary of the Council.
(Amended, Bill 1990-13)
Section 3.03. Rules of Procedure and Quorum.
The Council shallwill determine its own rules and order of business. A majority of all
members shallwill constitute a quorum to do business, but a smaller number may adjourn from
time to time. The Council may by ordinance provide a means by which a minority may compel
the attendance of absent members.
Section 3.04. Ordinance, Resolutions and Motions.
Except as otherwise provided in this Charter, all legislation shallmust be by ordinance. The
aye and no vote on ordinances, resolutions, and motions shallwill be recorded. An affirmative
vote of a majority of all the members of the Council shallwill be required for the passage of all
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ordinances and an affirmative vote of a majority of a quorum of the Council will be required for
the passage of resolutions and motions, except as otherwise provided in this Charter or by other
applicable laws.
Section 3.05. Procedure on Ordinances.
The enacting clause of all ordinances must be in the words "City of Richfield does ordain".
Every ordinance must be presented in writing. Except for an emergency ordinance, every
ordinance must be introduced at a meeting that occurs no less than fourteen (14) days before
the meeting at which the ordinance is finally passed.
(Amended, Bill 1981-33, Bill No. 1998-5; Bill No. 2003-21)
Section 3.06. Emergency Ordinances.
An emergency ordinance is an ordinance necessary for the immediate preservation of the
public peace, health, morals, safety, or welfare in which the emergency is defined and declared
in a preamble thereto, and is adopted by a unanimous vote of the Council Members present.
No prosecution shallwill be based upon the provisions of any emergency ordinance until 24
hours after the ordinance has been published, unless the person charged with violation had
actual notice of the passage of the ordinance prior to the act or omission complained of.
Section 3.07. Procedure on Resolutions.
Every resolution shallmust be presented in writing and, when requested by any member of
the Council, shallwill be read in full before a vote is taken thereon.
Section 3.08. Signing and Publication of Ordinances and Resolutions.
Every ordinance or resolution passed by the Council shallwill be signed by the Mayor, or
acting Mayor, attested by the City Clerk, and filed and preserved. Every ordinance shall, or an
approved summary, will be published at least once in the official newspaper.
Section 3.09. When Ordinances and Resolutions Take Effect.
A resolution or anResolutions, interim ordinances adopted pursuant to Minnesota Statutes,
Section 462.355, and emergency ordinance isordinances are effective immediately upon its
passage or at such later date as is fixed in itthe ordinance or resolution. An ordinance that is
expressly excepted from referendum under section 5.01 of this Charter is effective on the day
following publication or such later date as is fixed in it. Every other ordinance is effective on
the 30th day after the day of publication or at such later date as is fixed therein. Every
ordinance adopted by the voters of the City is effective immediately upon its adoption, or at
such a later time as fixed therein.
(Amended, Bill 1974-7; Bill No. 2013-7)
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Section 3.10. Amendment and Repeal of Ordinances.
Every ordinance repealing a previous ordinance, section, or subdivision thereof shallmust
give the number, if any, and the title of the ordinance to be repealed in whole or in part. No
ordinance, section, or subdivision thereof shallwill be amended by reference to the title alone.
Such an amending ordinance shallmust set forth in full each section or subdivision to be
amended and shallmust indicate new matter by underscoring and old matter to be omitted by
lining it through. In newspaper publication of ordinances the same indications of omitted and new matter shall
be used except that italics or bold-faced type may be substituted for underscoring and omitted matter may be
printed in capital letters within parentheses. (Amended, Bill 1982-4)
Section 3.11. Codification and Publication of Ordinances.
The City shallwill codify and publish an ordinance code inthrough electronic means, books,
pamphlets or continuous reference loose leaf form. Copies shallwill be made available by the
Council at the office of the City Clerk for general distribution to the public free or at a
reasonable charge.
Section 3.12. Manner ofSummary Publication of Ordinances.
If the City Council determines that publication of the complete text of an ordinance is not
worth the expense and that a summary would clearly inform the public of the intent and effect
of the ordinance, the Council may, by a unanimous vote, direct that only the title of the
ordinance and a summary be published with notice that printed copies of the ordinance are
available to any person during regular office hours at the office of the City Clerk and any other
location which the Council designates. Prior to the publication of the title and summary, the
Council shallmust approve the text of the summary and determine that it clearly informs the
public of the intent and effect of the ordinance.
(Amended, Bill 1981-33)
Section 3.13. Electronic Signatures.
The City may establish policies and procedures in accordance with law to allow for the
use of electronic or facsimile signatures by anyone authorized to sign documents on behalf of
the City and for the acceptance of documents signed electronically.
CHAPTER 4. NOMINATIONS AND ELECTIONS
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Section 4.01. The Regular Municipal Election.
The regular municipal election shallwill be held on the first Tuesday after the first Monday
in November of each even numbered year at such place or places as the City Council may
designate. The City Clerk shallmust give at least two (2) weeks previous 14 days’ notice of the time
and place of holding such election and of, the officers to be elected by posting in the City Clerk's
office, and such other information as required by law. The notice must be posted in the
Richfield Municipal Center and on the City website and by publicationpublished at least once in
the official newspaper, but failure to give such notice shallwill not invalidate such election.
(Amended, Bill 1994-4; Bill No. 2013-6)
Section 4.02. Primary Election.
On the second Tuesday in August preceding the regular municipal election such dates that are
authorized by law, there shallwill be a primary election for the selection of two nominees for
each elected office at the regular municipal election unless no more than two nominees file for
each elective office. The City Clerk shall give at least two weeks previous noticeNotice of the time and place
of holding suchprimary election and ofis given in the officers to be elected by postingsame manner as
provided in section 4.01 for regular elections, except that notice of a primary election must
also be posted in at least one public place in each voting precinct and by publication at least once in
the official newspaper, but failure. Failure to give such notice shallwill not invalidate such election.
(Amended, Bill 1975-12; Bill 1994-4; Bill 2010-3)
Section 4.03. Special Elections.
The Council may by resolution order a special election and provide all means for holding it.
At least two weeks publishedNotice of a special election is given in the same manner as provided in
section 4.01 for regular elections, except that notice of a special election shallmust be
givenpublished for at least two consecutive weeks in the official newspaper. The procedure of
such election shallmust conform as nearly as possible to that prescribed for other municipal
elections. Special elections will be held on dates as authorized by law.
Section 4.04. Nomination by Petition.
All candidates for elective office provided for by this Charter shallmust be nominated by
petition. The name of any registered voter of the City shallmust be printed upon the ballot as a
candidate for an office whenever a petition signed by at least ten registered voters has been
filed with the City Clerk in a candidate's behalf within the time period provided by state law for
such filings. No registered voter shallmay sign petitions for more candidates for any office than
the number of persons to be chosen for that office at the election; should a signer do so, the
signer's signature shallwill be void as to the petition or petitions last filed. Each petition
presented shallmust be accompanied by a twenty-five dollar ($25.00) filing fee.
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(Amended, Bill 1987-8, Bill 1994-4)
Section 4.05. Nomination Petitions.
Nomination petitions must substantially comply with the following form:
We, the undersigned registered voters of the City of Richfield, hereby nominate,
whose residence is , for the office of , to be voted for
at the primary election to be held on the day of , 19 20
regular municipal election to be held on the day of , 19 20
, and/or the
, and we
individually certify that we are qualified registered voters and that we have not signed more
nomination petitions of candidates for this office than there are persons to be elected thereto.
Name Street and Number
, being duly sworn, deposes and says that he or she is the circulator of the
foregoing petition paper containing signatures, and that the signatures
appended thereto were made in his or her presence and are the signatures of the persons
whose names they purport to be. (Amended, Bill 1990-13)
Signed:
Subscribed and sworn to before me this day of , 19 20 ,
Notary Public
This petition, if found insufficient by the City Clerk, shallwill be addressed to
at (address).
I hereby indicate my willingness to accept the office of if elected.
Signed:
Section 4.06. Withdrawal of Candidate.
Any person whose name has been presented in the manner provided for in the foregoing
section as a candidate may, not later than 5:00 p.m. two days after the last day for filing, cause
his or her name to be withdrawn from nomination by filing with the City Clerk a request to do
so in writing, and no name so withdrawn shallwill be printed upon the ballot.
(Amended, Bill 1990-13, 2010-3)
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Section 4.07. Canvass of Elections.
The Council must meet and canvass the election returns at the next regular or special
Council meeting immediately following any regular, primary, or special election but in no event
later than the time prescribed by state law, and must make full declaration of the results as
soon as possible, and file a statement thereof with the City Clerk. This statement must include:
(a) the total number of good ballots cast; (b) the total number of spoiled or defective ballots;
(c) the correct vote for each candidate, with an indication of those who were elected or
nominated; (d) the names of the judges and clerks of election; and (e) such other information
as may seem pertinent. The City Clerk must promptly notify all persons elected or nominated
of their election or nomination. In case of a tie vote, the Council must determine the result by
lot. The City Clerk is the final custodian of the ballots.
(Amended, Bill 1975-12; Bill No. 2003-21; Bill No. 2013-6)
Section 4.08. Procedure at Elections.
The City Council may by ordinance adopt such rules and regulations as may be necessary
or desirable to regulate the conduct of elections subject to the provisions of this Charter and
the laws of the State of Minnesota when applicable.
CHAPTER 5. INITIATIVE, REFERENDUM AND RECALL
Section 5.01. Powers Reserved by the People.
The people of Richfield reserve to themselves the powers of initiative, referendum , and
recall, to be exercised, in accordance with the provisions of this Charter. Initiative is the
process for voters to propose and adopt an ordinance. Referendum is the process to require an
ordinance passed by the council to be referred to the voters for approval or disapproval. Recall
is the process for removing an elected public official from office. Initiative and referendum may
not be used with an ordinance that appropriates money, authorizes the levy of taxes, or
involves land use or zoning.
(Amended, Bill 1982-20; Bill No. 2013-7)
Section 5.02. (Repealed, Bill No. 2013-7)
Section 5.03. Further Regulations.
The Council may provide by ordinance such further regulations for the initiative,
referendum, or recall, not consistent with this Charter, as it deems necessary. (Amended, Bill
1982-20)
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Section 5.04. Initiation of Measures.
Any ten (10) residents of the City who are registered voters may form themselves into a
sponsoring committee for the initiation of an ordinance as permitted by section 5.01 of this
Charter. Before circulating any petition , the committee must file an affidavit and its proposed
petition with the City Clerk. The affidavit must state that a committee has been formed, must
contain the names and addresses of the committee members, and must be signed by each
member of the committee, whose signatures must be verified by a notary public. The
committee must also attach a verified copy of the proposed ordinance to each of the signature
papers herein described, together with the committee members' names and addresses as
sponsors. The ordinance must relate to only one (1) subject which is clearly expressed in the
petition. Every circulator of a signature paper must be a resident of the state of Minnesota.
(Amended, Bill No. 2013-7)
Section 5.05. Form of Petition and of Signature Papers.
The petition for the adoption of any ordinance must consist of the ordinance, together
with all the signature papers and affidavits attached. A petition is not complete unless signed
by a number of registered voters equal to at least five (5) percent of the total number of
registered voters at the time of the last regular municipal election. All the signatures need not
be on one (1) signature paper, but the circulator of every signature paper must make an
affidavit that each signature appended to the paper is the genuine signature of the person
whose name it purports to be. Each signature paper must be in substantially the following
form:
INITIATIVE PETITION
Proposing an ordinance to (Stating the Purpose of the Ordinance). A
certified copy of the proposed ordinance is attached.
Sponsoring Committee
This ordinance is sponsored by the following committee of City of Richfield residents who
are registered voters:
Name Address
1.
2.
3.
4.
5.
Instructions to Petition Signers
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You are being asked to sign a petition. You must be a resident of, and a registered voter in,
the City of Richfield. Every person signing this petition must do so in the presence of the
person circulating the petition. It is a criminal offense to sign a name other than your own
to the petition or to accept compensation for signing your name to the petition.
The undersigned registered voters, understanding the terms and nature of the
ordinance attached, petition the Council for its adoption, or, in lieu thereof, for its
submission to the voters for their approval.
Date Legal Signature Name (print
legibly)
Address (print
legibly)
1.
2.
3.
(The affidavit of the circulator must be attached at the end of each signature paper.)
(Amended, Bill No. 2013-7)
Section 5.06. Filing of Petition and Action Thereon.
All the signature papers must be filed in the office of the City Clerk as one (1) instrument.
Within ten (10) working days after the filing of that petition, the City Clerk must ascertain by
examination, the number of registered voters in the City whose signatures are attached and
whether this number is at least five (5) percent of the total number of registered voters at the
time of the last regular municipal election. The validity of the signatures must be judged as of
the day the petition was filed. If the City Clerk finds the petition to be insufficient or irregular,
the City Clerk must at once notify one (1) or more of the sponsoring committee of that fact,
certifying the reasons for the finding. The committee shallwill then be given 30 days in which to
file additional signature papers and to correct the petition in all other particulars. If at the end
of that period the petition is found to be still insufficient or irregular, the City Clerk shall must
file the petition in the City Clerk's office and notify each member of the committee of that fact.
The final finding of the insufficiency or irregularity of a petition does not prejudice the filing of
a new petition for the same purpose, nor does it prevent the Council from referring the
ordinance to the voters at the next regular or special election at its option.
(Amended, Bill 1990-13; Bill No. 2013-7)
Section 5.07. Action of Council on Petition.
When the petition is found to be sufficient, the City Clerk must so certify to the Council at
its next meeting, stating the number of valid signatures on the petition and the percentage of
the total number of registered voters at the time of the last regular municipal election which
they constitute. The Council shallwill at once read the ordinance and may refer it to an
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appropriate committee. The committee or Council must hold a public hearing upon the
ordinance. After the public hearing, but not later than 65 days after the City Clerk submitted
the ordinance to the Council, the Council must take final action on the ordinance. If the Council
fails to pass the proposed ordinance, or passes it in a form different from that set forth in the
petition and unsatisfactory to the sponsors, the proposed ordinance must be submitted by the
Council to a vote at the next regular municipal election, but if the number of valid signatures
on the petition is equal to at least 15 percent of the total number of registered voters at the
time of the last regular municipal election, the Council must call a special election upon the
measure. Such special election must be held in accordance with the requirements of state law, but not
nor more than 60 days from date of final action on the ordinance by the Council or, if there has been no final
action, from the expiration of 65 days from the date of submission to the Council; but if a regular election is to
occur within three (3) months, the Council must submit the ordinance at that election on the first date
authorized by state law . If the Council passes the proposed ordinance with amendments and
at least four-fifths of the sponsoring committee do not express their dissatisfaction with such
amended form by a statement filed with the City Clerk, within ten (10) days of the passage
thereof by the Council, the ordinance need not be submitted to the voters.
(Amended, Bill No. 2013-7)
Section 5.08. Initiative Ballots.
The ballots used when voting upon any such proposed ordinance must state the
substance of the ordinance and must give the voters the opportunity to vote either "yes" or
"no" on the question of adoption. If a majority of the votes on any such ordinance are in favor
of it, it becomes an ordinance of the City. Any number of proposed ordinances may be voted
upon at the same election, but the voter must be allowed to vote for or against each
separately. In case of inconsistency between two (2) initiated ordinances approved at one (1)
election, the one (1) approved by the higher percentage of voters voting on the question
prevails to the extent of the inconsistency.
(Amended, Bill No. 2013-7)
Section 5.09. Amendment or Repeal.
Any ordinance adopted by the vote of the people cannot be repealed or amended except
by the vote of the people or by the unanimous vote of all members of the Council.
Section 5.10. Initiation of Charter Amendments.
Nothing in this Charter shallwill be construed as in any way affecting the right of the
registered voters under the constitution and statutes of Minnesota to propose amendments to
this Charter.
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Section 5.11. The Referendum.
If prior to the date when an ordinance takes effect a petition signed by qualified
registered voters of the City equal in number to ten (10) percent of the total number of
registered voters at the time of the last regular municipal election is filed with the City Clerk
requesting that any such ordinance be repealed or submitted to a vote of the registered
voters, the ordinance is prevented from going into operation. All the signature pages must be
filed as one (1) instrument. The City Clerk must ascertain by examination the sufficiency of the
petition within ten (10) working days and must certify the results of that examination to the
Council at its next regular meeting. The Council must thereupon reconsider the ordinance, and
by majority vote either repeal or affirm the ordinance as passed. If the ordinance is affirmed,
the Council must immediately order a special election to be held thereon, or submit the
ordinance at the next regular municipal election, pending which the ordinance remains
suspended. If a majority of the voters voting on the ordinance is opposed to the ordinance, it
does not become effective; but if a majority of the voters favor the ordinance, it takes effect
immediately or on the date therein specified.
(Amended, Bill No. 2013-7)
Section 5.12. Referendum Petition.
The requirements laid down in Sections 5.04 and 5.05 above as to the formation of
committees, the form of petitions and signature papers, and residency requirements for
committee members and circulators, for the initiation of ordinances shallwill apply to the
referendum but with such changes as may be necessary.
A referendum petition shallmust read substantially as follows:
REFERENDUM PETITION
Proposing the repeal of an ordinance to (stating the purpose of the
ordinance). A certified copy of the ordinance is attached.
Sponsoring Committee
The proposed repeal is sponsored by the following committee of City of Richfield residents
who are registered voters:
Name Address
1.
2.
3.
4.
5.
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Instructions to Petition Signers
You are being asked to sign a petition. You must be a resident of, and a registered voter in,
the City of Richfield. Every person signing this petition must do so in the presence of the
person circulating the petition. It is a criminal offense to sign a name other than your own
to the petition or to accept compensation for signing your name to the petition.
The undersigned qualified registered voters, understanding the nature of the
ordinance hereto attached and believing it to be detrimental to the welfare of the City,
petition the Council for its submission to a vote of the voters for their approval or
disapproval.
Date Legal Signature Name (print
legibly)
Address (print
legibly)
1.
2.
3.
(The affidavit of the circulator must be attached at the end of the list of signatures.)
(Amended, Bill No. 2013-7)
Section 5.13. Referendum Ballots.
The ballots used in any referendum election shallwill conform to the rules laid down in
Section 5.08 of this Charter for initiative ballots.
Section 5.14. The Recall.
No less than 25 registered voters may form themselves in a committee for the purpose of
bringing about the recall of any Council Member including the Mayor. If the committee seeks
the recall of a districtward Council Member, the registered voters constituting the committee
must be from the Council Member's districtward. The committee must certify to the City Clerk
the name of the Council Member whose removal is sought, a statement of the grounds for
removal in not more than 250 words, and the committee's intention to bring about his or her
recall. A copy of this certificate must be attached to each signature paper and no signature
paper may be put into circulation previous to such certification.
The grounds as set forth in the recall petition must be predicated on one (1) or more
charges of malfeasance, nonfeasance, or both. For this purpose the word "malfeasance" means
the performance of an act by a Council Member in his or her official capacity that is wholly
illegal and wrongful and the word "nonfeasance" means the neglect or refusal, without
sufficient excuse, to do that which it is the Council Member's legal duty to do so.
(Amended, Bill No. 2013-7)
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Section 5.15. Recall Petitions.
The petition for the recall of any Council Member must consist of a certificate identical to
that filed with the City Clerk together with all the signature papers and affidavits thereto
attached. All the signatures need not be on one (1) signature paper, but the circulator of every
signature paper must make an affidavit that each signature appended to the paper is the
genuine signature of the person whose name it purports to be. Every circulator of a signature
paper must be a resident of the state of Minnesota. Each signature paper must be in
substantially the following form:
RECALL PETITION
Proposing the recall of from the office as which recall is
sought for the reasons set forth in the attached certificate.
Sponsoring Committee
This movement is sponsored by the following committee of registered voters eligible to
vote on candidates for that office.
Name Address
1.
2.
3.
[listing all members of the committee]
Instructions to Petition Signers
You are being asked to sign a petition. You must be a resident of, and a registered voter in,
the City of Richfield. Every person signing this petition must do so in the presence of the
person circulating the petition. It is a criminal offense to sign a name other than your own
to the petition or to accept compensation for signing your name to the petition.
The undersigned registered voters, all being eligible to vote on candidates for that office,
understanding the nature of the charges against the Council Member herein sought to be
recalled, desire the holding of a recall election for that purpose.
Date Legal Signature Name
(print legibly)
Address
(print legibly)
1.
2.
3.
The affidavit of the circulator must be attached at the end of the list of signatures.
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(Amended, Bill 1982-20; Bill No. 2013-7)
Section 5.16. Filing of Petition.
Within 30 days after the filing of the original certificate, the committee must file the
completed petition in the office of the City Clerk. The City Clerk must examine the petition
within the next ten (10) working days and if the clerk finds it irregular in any way, or finds that
the number of signers is less than 25 percent of the total number of registered voters eligible
to vote on candidates for that office at the last preceding regular municipal election, the City
Clerk must so notify one (1) or more members of the committee. The committee shalls will then
be given ten (10) days in which to file additional signature papers and to correct the petition in
all other respects, but the committee may not change the statement of the grounds upon
which the recall is sought. If at the end of that time the City Clerk finds the petition still
insufficient or irregular, the clerk must notify all the members of the committee to that effect
and file the petition in the City Clerk's office. No further action shallwill be taken thereon.
(Amended, Bill No. 2013-7)
Section 5.17. Recall Election.
If the petition or amended petition is found sufficient, the City Clerk must transmit it to
the Council without delay, and must also officially notify the person sought to be recalled of
the sufficiency of the petition and of the pending action. If the Council Member sought to be
recalled does not resign within ten (10) days after having been given such notice, the Council
shallwill , at its next meeting occurring more than ten (10) days after the receipt by the Council
of the recall petition, by resolution, provide for the holding of a special recall election not more
than 75 days after such meeting, but if any other election is to occur within three (3) months after such meeting,
the Council may in its discretion provide for the holding of the recall election at that time on the first date
authorized by state law. If the special recall election involves one (1) or more districtward
Council Member(s), the recall election must be conducted only within the districtward(s) of the
affected Council Member(s). If it involves a Council Member who is elected at large, the
election must be a City-wide election.
(Amended, Bill No. 2013-7)
Section 5.18. Procedure at Recall Election.
The City Clerk must include with the published notice of the election the statement of the
grounds for recall and also, in not more than 500 words, the answer of the Council Member
concerned in justification of his or her course in office. The election must be conducted , as far
as possible, in accordance with the usual procedure in municipal elections.
(Amended, Bill No. 2013-7)
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Section 5.19. Form of Recall Ballot.
The form of the ballot at such election shallmust be: "Shall be recalled?" The
name of the Council Member whose recall is sought and his or her office shallmust be inserted
in the blank. The electors shallmust be permitted to vote separately "Yes" or "No" upon this
question. If a majority of those voting on the question of recall vote in favor of recall, the
official shallwill be thereby removed from office.
(Amended, Bill 1992-10; Bill No. 2013-7)
Section 5.20. Procedure to Fill Vacancy.
In the event that a Council Member is recalled by the electors or resigns after a petition
has been filed for his or her recall, the vacancy must be filled in the following manner:
If less than six (6) months180 days remain in the Council Member's term of office at the time
of the recall election or at the time of resignation in response to a recall petition, as the case
may be, the vacancy must be filled by the remaining members of the City Council for the
unexpired term pursuant to Section 2.05.
If six (6) months180 days or more remain in the Council Member's term at the time of such
recall or resignation, the Council must call a special election to fill the vacancy for the balance
of the Council Member's term. Such election must be called within ten (10) days after such
recall or resignation, and the special election must be held in accordance with state law and not
more than 60 days after the meeting at which the election is called. Candidates to fill the unexpired term
must be nominated in the usual way and the election must be conducted , as far as possible, in
accordance with procedures in municipal elections except that there shall will be no primary
election and the candidate receiving the highest number of votes for the office shallwill be
elected to fill the unexpired term.
(Amended, Bill 1992-10; Bill No. 2013-7)
Section 5.21. Term.
The term of the candidate selected by the voters at the regular or special election to fill
the unexpired term shallwill start as soon as the declaration of the results has been filed with
the City Clerk, and the person has qualified for office.
(Amended, Bill 1992-10)
Section 5.22. Offenses; penalty.
It is unlawful for a person to:
a. Sign a name other than that person's own name to an initiative, referendum or recall
petition;
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b. Circulate an initiative or referendum petition without required attachments;
c. Circulate an initiative, referendum or recall petition when unqualified to do so;
d. Sign an initiative, referendum, or recall petition when that person knows he or she is
not qualified to do so;
e. Make a false affidavit in connection with an initiative, referendum, or recall petition;
f. Pay or offer to pay a person, or receive payment or agree to receive payment, for
signing an initiative, referendum or recall petition;
g. Pay or offer to pay a person, or receive payment or agree to receive payment, on a
basis related to the number of signatures obtained for circulating an initiative,
referendum, or recall petition. This subsection does not prohibit the payment of
salary and expenses for circulation of the petition on a basis not related to the
number of signatures obtained, as long as the circulators fully disclose all
contributions received to the city clerkCity Clerk upon submission of the petitions.
A violation of this section is a misdemeanor punishable in accordance with state law.
(Added, Bill No. 2013-7)
CHAPTER 6. ADMINISTRATION OF CITY AFFAIRS
Section 6.01. The City Manager.
The City Manager shall beis the chief executive and head of the administrative branch of
the City government and shallwill be chosen by the Council solely on the basis of training,
experience, and administrative qualifications. The City Manager shallwill be appointed for an
indefinite period and may be removed by the Council at any time; but if removal occurs after
serving as Manager for one year or more of service, the Manager may demand written charges and
a public hearing before the date of final removal takes effect. Written charges, if demanded,
shallmust be furnished a reasonable time before the public hearing. After such hearing, if one is
demanded, the Council shallwill have unlimited discretion either to reinstate the Manager or
make removal final. Pending such hearing and removal, the Council may suspend the Manager
from office. The Council may designate somea properly qualified person to perform the duties
of the Manager during the Manager's absence, disability, suspension, or while the office of the
Manager is vacant.
(Amended, Bill 1990-13; Bill No. 2003-22)
Section 6.02. Powers and Duties of the City Manager.
Subdivision 1. Subject to the provisions of this Charter, any Council regulations consistent
therewith, and any other applicable laws, the City Manager shallwill control and direct the
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administration of the City's affairs. The City Manager shallwill have the powers and duties set
forth in the following subdivisions:
(Amended, Bill 1990-13)
Subd. 2. The City Manager shallwill see that this Charter and the laws, ordinances and
resolutions of the City are enforced.
(Amended, Bill 1990-13)
Subd. 3. The City Manager shallwill appoint and remove, upon the basis of merit and
fitness and subject to applicable civil service provisions, if any, the City Clerk, all heads of
departments and all subordinate officers and employees in the departments. The Director of Public
Safety, having administrative and supervisory control over the police and other non -civil-service divisions of the
Department of Public Safety, is not under the jurisdiction of the police and fire civil service commission of the City.
Appointment or removal of department heads shallwill be made final only upon a majority vote
of the Council.
(Amended, Bill 1981-35; Bill No. 2003-21)
Subd. 4. The City Manager shallwill exercise control over all departments and divisions of
the City administration created by this Charter or by the Council.
(Amended, Bill 1990-13)
Subd. 5. The City Manager shallwill recommend to the Council for adoption such measures
as he or she may deem necessary for the welfare of the people and the efficient administration
of the City's affairs.
(Amended, Bill 1990-13)
Subd. 6. The City Manager shallwill attend all meetings of the Council with the right to take
part in the discussion, but not to vote; but. The Council may not attendexclude the Manager from
any meeting at which the Council is considering his or herthe Manager’s dismissal. (Amended,
Bill 1990-13)
Subd. 7. The City Manager shallwill keep the Council fully advised as to the financial
condition and needs of the City, and shallwill prepare and submit to the Council the annual City
budget.
(Amended, Bill 1990-13)
Subd. 8. The City Manager shallwill prepare and submit to the Council for adoption an
administrative code incorporating the details of administrative procedure, and from time to
time shallwill suggest amendments to such code.
(Amended, Bill 1990-13)
Subd. 9. The City Manager shallwill perform such other duties as may be prescribed by this
Charter or by law or required by ordinance or resolutions adopted by the Council.
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(Amended, Bill 1990-13)
Section 6.03. Departments of Administration.
The Council may create such departments, divisions, and bureaus for the administration of
the City's affairs as it may deem necessary, and from time to time alter their powers and
organization. It shallwill, together with the City Manager, prepare and enact a complete
administrative code in the form of an ordinance, which may be amended from time to time by
ordinance. The Council may by ordinance abolish offices which have been created by
ordinance, and it may combine the duties of various offices as it may see fit.
Section 6.04. Right of City Manager and Other Officers in Council.
The City Manager, the heads of all departments and such other officers of the City as may be designated
by vote of the Council, shall be entitled to seats in the Council, but shall have no vote therein. The City Manager
shall will have the right to take part in the discussion of all matters coming before the Council,
except as provided in Section 6.02, Subdivision 6, and the department heads and other officers
shallwill be entitled to take part in all discussions of the Council relating to their respective
offices, and departments or agencies.
Section 6.05. Purchases and Contracts.
City contracts must be made in compliance with state law and this charterCharter. Where
the amount of a contract is more than the dollar amount contained in Minnesota Statutes,
Section 471.345, Subd. 3 the contract must be approved by the City Council upon the
recommendation of the City Manager. When contracts are competitively bid, the Council may
reject any and all bids. The City Manager may approve contracts in an amount equal to or less
than the dollar amount contained in Minnesota Statutes, Section 471.345. Subject to the
provisions of the Charter, and other applicable law, the Council may by ordinance or by
resolution adopt further regulations for making of bids and letting of contracts.
(Amended, Bill 1987-21; Bill 1996-5; Bill No. 2013-8)
Section 6.06. (Repealed, Bill 1996-5)
CHAPTER 7. TAXATION AND FINANCES
Section 7.01. Council to Control Finances.
Subdivision 1. The Council controls the financial affairs of the City. The Council must
provide for (i) the prompt collection of revenues, (ii) the preservation of assets, (iii) the
auditing of City accounts, and (iv) the safekeeping and proper disbursement of public monies.
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Subd. 2. The City must spend public funds only for public purposes. The Council may
provide by ordinance or by resolution that certain expenditures serve a public purpose
consistent with state law. A resolution shallwill be effective only for the fiscal year in which it is
adopted.
(Amended, Bill No. 2003-23; Bill No. 2013-9)
Section 7.02. Fiscal Year.
The fiscal year of the City is the calendar year.
(Amended, Bill No. 2003-23)
Section 7.03. System of Taxation.
Subject to the state constitution, and except as forbidden by it or by state law, the Council
may provide by resolution, preceded by notice and public hearing, for a system of local
taxation. In the taxation of real and personal property the system of local taxation must
conform as fully as possible to state law in the valuation of property and the collection of the
taxes.
(Amended, Bill No. 2003-23)
Section 7.04. (Repealed, Bill No. 2003-23)
Section 7.05. Preparation and Submission of Annual Budget.
At a special budget meeting of the Council on or before September 15, the City Manager
must submit to the Council a proposed budget and a budget message in the form and
containing the information specified in Section 7.06. In preparing the budget and the budget
message, the Manager must obtain from City department heads information regarding (i)
proposed expenditures for the ensuing fiscal year, and (ii) capital projects and capital
expenditures proposed to be undertaken in the ensuing budget year and in the following four
fiscal years. The Council must hold one or more informational meetings on the proposed
budget at which the public may provide comments and may thereafter revise the proposed
expenditures and capital projects contained in the proposed budget document.
(Amended, Bill 1990-13; Bill No. 2003-23)
Section 7.06. Form of Annual Budget.
Subdivision 1. The budget must contain a financial plan for the ensuing fiscal year. The
financial plan must include: (i) a budget message, (ii) a general summary of the financial plan,
(iii) estimates of revenues applicable to proposed expenditures, and, (iv) proposed
expenditures. Proposed expenditures may not exceed proposed revenues. Proposed
expenditures for the general and special revenue funds must (i) be listed by organization, unit
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or activity, and (ii) be in parallel columns opposite the major and minor object of the
expenditure showing the amount of expenditure for the last fiscal year, the amount estimated
for the current fiscal year and the proposed expenditure for the ensuing fiscal year. The
revenues attributable to each general and special fund must be presented in a similar manner.
The statement of revenues must include the source of and amount of miscellaneous revenues,
the amount of surplus of prior fiscal year revenues, and the amount of revenues raised by
property taxes in the prior fiscal year and estimated to be raised in the current fiscal year.
(Amended, Bill 1990-13; Bill No. 2003-23)
Subd. 2.The Budget Message. The budget message may be submitted by the Manager as a
separate document but it must accompany the budget. The message must contain the
following elements:
(Amended, Bill No. 2003-23)
(i) Current operations. The budget message must explain the budget. The message must
contain an outline of the proposed financial position of the City for the ensuing fiscal year
and the important features of the financial plan of the City. The message must give
reasons for major changes in expenditures and revenues from the prior fiscal year and
explain the rationale for major changes, if any, from previous financial policies of the City.
(Amended, Bill 2003-23)
(ii) Capital Improvements. The message must contain a description of pending and
proposed capital projects together with estimates of the costs of those projects and
the sources of funds to be used to pay for them.
(Amended, Bill 2003-23)
(iii) Capital Program. The message must contain, or have attached to it, a Capital Project
Plan for the four fiscal years following the fiscal year of the budget. The Capital
Project Plan is to be prepared by the Manager after consultation with the
department heads and any informational meetings conducted under Section 7.05.
(Amended, Bill 1990-13; Bill No. 2003-23)
(iv) Miscellaneous. The Manager must attach to or include in the budget message
supporting schedules, exhibits and other data believed by the Manager to be
appropriate and informative.
(Amended, Bill No. 2003-23)
Section 7.07. Adoption of Budget.
At the conclusion of the special budget meeting the Council must set a public hearing on
the budget to be held after published notice not less than seven nor more than 14 days after
the date of publication. The budget must be kept available to the public in the Clerk '’s office.
The public hearing on the budget must be conducted in a way to give interested persons an
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opportunity to be heard. The Manager must explain the various elements of the budget as fully
as is deemed necessary by the Council. The budget resolution must set out the total
established for each fund and department with such other information deemed necessary by
the Council. The budget resolution must also state the amount of property and other taxes to
be levied to fund the budget.
(Amended, Bill No. 2003-23)
Section 7.08. Enforcement of the Budget.
The Manager must enforce the provisions of the budget. The Manager may not authorize
or approve any expenditure unless an appropriation has been made in the budget resolution
and there is an available unencumbered balance of the appropriation sufficient to pay the
liability to be incurred. An officer or employee of the City may not place an order or make a
purchase except for the purposes authorized in the budget. An obligation incurred by a person
in the employ of the City for a purpose not in the approved budget or for an amount in excess
of an amount appropriated in the budget resolution or in excess of available monies in a fund
of the City is a personal obligation of the person incurring the expenditure.obligation
(Amended, Bill 1990-13; Bill No. 2003-23)
Section 7.09. Altering or Adjusting the Budget.
After the budget has been adopted the Council may not increase the amounts fixed in the
budget resolution, by the insertion of new items or otherwise, in an amount more than the
estimated revenues unless the actual receipts exceed the estimates and then not more than
the actual receipts. The Council may, by resolution reduce the sums appropriated for any
purpose by the budget resolution. Within three months following the close of the fiscal year,
the Council, at the request of the Manager, may transfer unencumbered appropriation
balances for that fiscal year from one office, department , or agency to another within the same
fund. Appropriations lapse at the end of the budget year to the extent that they have not been
expended or encumbered.
(Amended, Bill No. 2003-23)
Section 7.10. Emergency Appropriation in Budget.
The Council may include an emergency appropriation as a part of the budget , but such
appropriation may not more than exceed three percent of the total operating appropriations
made in the budget for that year. A transfer from the emergency appropriation to another
appropriation may be made by resolution on recommendation of the City Manager or a
member of the Council. The funds so appropriated may be used only for the purposes
designated by the Council.
(Amended, Bill No. 2003-23)
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Section 7.11. Disbursements. How Made.
Except as otherwise provided in this section, disbursements of City funds may be made
only by check bearing the actual or facsimile signature of the Manager and the treasurer. A
check may not be issued unless the claim to which it relates specifies the purpose for which the
disbursement is made and the fund upon which it is drawn, and the claim has been supported
by an itemized bill, payroll, or time sheet approved and signed by the responsible City officer
who vouches for the correctness and reasonableness of the claim. The Council may by
ordinance make further regulations for the safe-keeping and disbursement of the funds of the
City, including, the disbursement of funds for the payment of bills and obligations by electronic
means.
(Amended, Bill No. 2003-23)
Section 7.12. Funds to be Kept.
There must be maintained in theThe City treasury must maintain the funds provided for in this
section.
(Amended, Bill No. 2003-23)
Subdivision 1. General Fund. The General Fund is established for the payment of general
government expenses and those obligations that the City deems proper. Into this fund
are to be paid moniesMonies not otherwise provideddesignated by statute, ordinance, or
this Charter to be paid into any other fund must be paid into this fund.
(Amended, Bill No. 2003-23)
Subd. 2. Liquor Special Revenue Fund; Other Special Revenue Funds. A Liquor Special
Revenue Fund is established into which are to be paid (i) net revenues (i.e., gross
revenues less costs of operation, maintenance, and pledged revenues) of the
municipal liquor store, (ii) proceeds of special tax levies to support the fund, and (iii)
other special revenues so designated by the Council must be paid. Expenditures from
the Liquor Special Revenue Fund may be made only as authorized by the budget
resolution. Monies in the fund may be expended for capital improvements only if
authorized by ordinance. The Council may, by resolution, establish other special
revenue funds and provide for the expenditure of those funds.
(Amended, Bill No. 2003-23)
Subd. 3. Utility; Enterprise Funds. One or more utility or public service enterprise funds are
tomust be established into which are to be paid (i) the gross revenues of the
appropriate utility or enterprise, (ii) the proceeds of the sale of assets of the utility or
enterprise, and (iii) the proceeds of bonds or other obligations issued for the
purposes of the utility or enterprise. Out of each fund are to must be paid the. The costs,
including the financing costs of the purchase, construction, operation, maintenance
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and repair of the utility or enterprise and other revenues as directed by the budget
resolution must be paid out of this fund. Separate funds must be established and
kept for each separate utility or enterprise.
(Amended, Bill No. 2003-23)
Subd. 4. Trust and Agency Funds. There are to be established oneOne or more trust and agency
funds for the care and disbursement of money received and held by the City as
trustee or custodian, or in the capacity of an agent for individuals, or other
governmental units must be established.
(Amended, Bill No. 2003-23)
Subd. 5. Discretionary Fund. A Discretionary Fund is must be established for payment of
reasonable and necessary expenses, not otherwise payable by the City as
compensation, and incurred by the Mayor and Council Members for the benefit of
the City. Appropriations to, and expenditures from, this fund aremust be in the
amounts fixed in the budget resolution. The Council may, by resolution, establish the
purposes and procedures for the making of disbursements from this fund, including
disbursements made without previous Council authorization and those. Such
disbursements are subject to audit and allowance by the Council.
(Amended, Bill 1968-16, Bill 1990-13; Bill No. 2003-23)
Subd. 6. In addition to the foregoing funds, there may be maintained in the City treasury may
maintain, (i) one or more working capital or revolving funds, for financing
self-sustaining activities not accounted for through other funds; and (ii) such other
funds as may be required by law, ordinance, or the Charter.
(Amended, Bill No. 2003-23)
Subd. 7. Council may make interfund loans by resolution where permitted by law except
from Trust and Agency funds.
(Amended, Bill No. 2003-23)
Section 7.13. Accounts and Reports.
The accounts of the City must be maintained on an accrual or modified accrual basis in
accordance with generally accepted governmental accounting standards and procedures. The
Manager must submit such reports as are necessary to keep the Council fully informed of the
financial condition of the City. Once each year on or before June 30, the City Manager must
submit a complete financial report of the City for the preceding fiscal year ending December
31, a summary of which must be published in the official newspaper. The Manager, under the
direction of the Council, on or before June 30, must prepare at least one comprehensive public
information report of the financial affairs of the City. The Manager must distribute the report
to the persons and organizations and in the manner deemed advisable by the Manager.
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(Amended, Bill No. 2002-2; Bill No. 2003-23)
Section 7.14. City Indebtedness.
Except as provided in Sections 7.15 and 7.16, obligations may not be issued to pay current
expenses, but the Council may issue and sell obligations for any other municipal purpose in
accordance with law and within the limitations prescribed by law. Except in the case of
obligations for which an election is not required by this Charter or by state law, obligations may
not be issued and sold without the approval of the majority of the voters of the City voting on
the question at a general or special election. Before submitting a question to the voters under
this Section, the Council must conduct at least one public hearing on the question preceded by
published notice not more than 28 days nor less than 14 days prior to the hearing.
(Amended, Bill No. 1993-7; Bill No. 2003-23)
Section 7.15. Tax Anticipation Certificates.
At any time after January 1, following the making of an annual tax levy, the Council may
issue certificates of indebtedness in anticipation of the collection of taxes levied for any fund
and not yet collected. The total amount of certificates issued against any fund for any year with
interest thereon until maturity may not exceed 90% of the total current taxes for the fund
uncollected at the time of issuance. Certificates may be issued on such terms and conditions as
the Council may determine but they shallwill become due and payable not later than the first
day of April of the year following their issuance. The proceeds of the tax levied for the fund
against which tax anticipation certificates are issued and the full faith and credit of the City
must be irrevocably pledged for the redemption of the certificates in the order of their
issuance against the fund.
(Amended, Bill No. 2003-23)
Section 7.16. Emergency Debt Certificates.
If in any year the receipts from taxes or other sources should from some unforeseen cause
become insufficient for the ordinary expenses of the City, or if any calamity or other public
emergency should subject the City to the necessity of making extraordinary expenditures, the
Council may, by resolution, issue and sell on such terms and in such manner as the Council determines
emergency debt certificates to mature within three years. Such certificates will be issued and
sold in a manner determined by the Council. A tax sufficient to pay principal and interest on
such certificates must be levied as required by law. The resolution authorizing an issue of such
emergency debt certificates must state the nature of the emergency and be approved by a
majority of all the members of the Council.
(Amended, Bill No. 2003-23)
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Section 7.17. State Budget Procedure.
If state law specifies a schedule and procedure for the adoption of the budget and levy of
taxes that is different from that provided in sections 7.05 through 7.07 of this charter, the
schedule and procedure in state law supersedes the schedule and procedure in this charter.
(Added Bill No. 2003-23)
CHAPTER 8. PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS
Section 8.01. Power to Make Improvements and Levy Assessments.
The City shall havehas the power to make any and every type of public improvement not
forbidden by the laws of this state and to levy special assessments for all or any part of the cost
of such improvements as are of a local characterimprovement, pursuant to the laws of the State of
Minnesota.
Section 8.02. Assessments for Services.
The Council may provide by ordinance that the cost of sprinkling, snow, or rubbish
removal, or of any other service to streets, sidewalks, or other public property, or the cost of
any service to other property undertaken by the City may be assessed against the property
benefited and collected in like manner as are special assessments.
Section 8.03. Public Works; How Performed.
Public works, including all local improvements, may be constructed, extended, repaired ,
and maintained either directly by day labor or by contract. The City shall will require contractors
to give bonds for the protection of the City and all persons furnishing labor and materials
pursuant to the laws of the state.
Section 8.04. Approval by Ordinance.
Any capital improvement on property owned or leased by the City, excluding street and
utility rights of way, which has an estimated cost exceeding $2,000,000.00 or expenditures for
design or engineering costs exceeding $250,000.00 must be approved by ordinance after a
public hearing.
(Added, Bill No. 1998-5; Bill No. 2013-10)
Section 8.05. Notice of Public Hearings.
Notice of public hearings required by Section 8.04 shallmust be published at least twice in
the official newspaper within fourteen (14) days prior to the date of the hearing. Additional
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notice of such public hearings may be given in such manner as the Council may determine. This
notice must contain the estimated costs of the capital improvement.
(Added, Bill No. 1998-5)
CHAPTER 9. EMINENT DOMAIN
Section 9.01. Power to Acquire Property.
The City may acquire, by purchase, gift, devise, or condemnation or other lawful means, any
property or property right, corporeal or incorporeal, either within or without its corporate
boundaries, which may be needed by the City for any public use or purpose. Easements for slopes,
fills, sewers, building lines, poles, wires, pipes and conduits for water, gas, heat and power may be acquired by gift,
devise, purchase, or condemnation in the manner provided by law.
Section 9.02. Proceedings in Acquiring Property.
The necessity for the taking of any property by the City shallwill be determined by the
Council and shallwill be declared by a resolution which shallwill describe such property as near as
may be possible and state the use to which it is to be devoted. In acquiring property by
exercising the power of eminent domain, the City shall will proceed according to the laws of this
state, except as otherwise provided in this Charter.
(Amended, Bill No. 1994-4)
Section 9.03. Payment of Award Reserved.
Whenever an award of damages is confirmed in any proceeding for the taking of property for public use by
right of eminent domain, or whenever the court renders final judgment in any appeal from any such award and the
time for abandoning such proceedings by the City has expired, the City shall, within seventy (70) days of such final
determination, pay the amount of the award or judgment of the court, as the case may be; and if not so paid,
judgment therefor may be had against the City.
Section 9.04. City May Abandon Proceedings Reserved.
The City may dismiss all or part of the property being acquired in a condemnation proceeding so long as the
dismissal is filed with the proper court prior to the expiration of the time for an appeal or before entry of judgment
if an appeal has been taken. The City shall pay all reasonable costs and expenses incurred by the condemnee
including attorney's fees.
Section 9.05. City May Take Entire Plant Reserved.
If the City condemns a public utility which is operated at the time of the commencement of the
condemnation proceedings as one property or one system, it shall not be necessary in the condemnation
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proceedings or any of the proceedings of the Council, to describe or treat separately the different kinds of property
composing such system; but all of the property, lands, articles, franchises, franchise values and rights which
comprise such system may, unless otherwise ordered by the court, be treated together as one property and an
award for the whole property in one lump sum may be made by the commissioners or other body assessing the
damages on condemnation. This does not prevent the City, when the plant and property are separable into distinct
parts, from acquiring only such part or parts thereof as may be necessary in the public interest.
CHAPTER 10. FRANCHISES
Section 10.01. Franchises Required.
Except as otherwise provided by law, no person, firm, or corporation shallmay place or
maintain any permanent or semipermanent fixtures, in, over, upon or under any street or
public place for the purpose of operating a public utility or for any other purpose, without a
franchise therefor from the City. A franchise shallwill be granted only by ordinance, which
shallmay not be an emergency ordinance. Every ordinance granting a franchise shallmust contain
all the terms and conditions of the franchise. The grantee shallwill bear the costs of publication
of the franchise ordinance and shallmust make a sufficient deposit with the clerk to guarantee
publication before the ordinance is passed.
Section 10.02. Term.
No perpetual franchise or privilege shall ever be created, nor shall any exclusive franchise or
privilegemay be granted unless the proposed grant be first submitted to the voters of the City, and be approved
by a majority of those voting thereon, nor in such case for a period of more than 25 years by the City .
Section 10.03. Public Hearing.
Before any franchise ordinance is adopted or any rates, fares, or prices to be charged by a
public utility are fixed by the Council, the Council shallmust hold a public hearing on the matter.
Notice of such hearing shallmust be published at least once in the official newspaper not less
than ten (10) days prior to the date of the hearing.
Section 10.04. Power of Regulation Reserved.
Subject to any applicable law the Council may, by ordinance, reasonably regulate and
control the exercise of any franchise, including the maximum rates, fares, or prices under any
applicable law, ordinance, or regulation or in proceedings for municipal acquisition ofto be charged by the
grantee's property by purchase or eminent domain.
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Section 10.05. Renewals or Extensions.
Every extension, renewal, or modification of any existing franchise or of any franchise
granted thereafter shallwill be subject to the same limitations and shallwill be granted in the
same manner as a new franchise.
CHAPTER 11. PUBLIC OWNERSHIP AND OPERATION OF UTILITIES
Section 11.01. Acquisition and Operation of Utilities.
The City may own and operate any gas, water, heat, power, light, telephone or other
public utility for supplying its own needs for utility service or for supplying utility service to
private consumers or both. It may construct all facilities reasonably needed for that purpose
and may acquire any existing utility properties so needed; but such action may only be taken
by ordinance, which shallmay not be an emergency ordinance. The operation of all public
utilities owned by the City shallwill be under the supervision of the City Manager.
Section 11.02. Rates and Finances.
Upon recommendations made by the City Manager or upon its own motion, the Council
may fix rates, fares, and prices, for municipal utilities, but such rates, fares, and prices shallwill
be just and reasonable. The Council shallwill endeavor to make each municipal utility financially
self-sustaining and shallmay not use any municipal utility operation directly or indirectly as a
general revenue-producing agency for the City. Before any rates, fares, or prices for municipal
utilities shallmay be fixed by the Council, the Council shallwill hold a public hearing on the
matter in accordance with Section 11.06. The Council shallwill prescribe the time and the
manner in which payments for all such utility services shallmay be made, and may make such
other regulations as may be necessary, and prescribe penalties for violation of such
regulations.
Section 11.03. Purchase in Bulk.
The Council may, in lieu of providing for the local production of gas, electricity, water , and
other utilities, purchase the same in bulk and resell them to local consumers at such rates as it
may fix. Before such rates are fixed by the Council, the Council shallmust hold a public hearing
on the matter in accordance with Section 11.06.
Section 11.04. Lease of Plant.
The Council may, if the public interests will be served thereby, contract with any responsible
person, co-partnership or corporationa private party for the operation of any utility owned by the
City, upon such rentals and conditions as it may deem necessary; but such.Such contract
shallmust be embodied in and let only by ordinance, which shallmay not be an emergency
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ordinance. In no case shallwill such contract be for a longer term than ten (10) years.
Section 11.05. Public Utility. How Sold.
No public utility owned by the City shallmay be sold or otherwise disposed of by the City
unless the full terms of the proposition of said sale or other disposition thereof, together with
the price to be paid therefor, shall beare embodied in an ordinance approved by a majority of
the registered voters voting thereon at a general or special election.
Section 11.06. Notice of Public Hearings.
Notice of public hearings required by this chapter shallmust be published at least once in
the official newspaper at least ten (10) days prior to the date of the hearing. Additional notice
of such public hearings may be given in such manner as Council may determine.
CHAPTER 12. CODE OF ETHICS
Section 12.01. The term "public official" shall includeincludes all elected officials, the City
Manager, and all members of boards or commissions, as are authorized under this Charter.
Section 12.02. No public official shallmay misuse such position to secure special privileges or
exemptions for such personthemselves or any other person.
Section 12.03. No public official shallmay directly or indirectly receive or agree to receive, any
compensation, gift, reward, or gratuity in payment for the performance of his or her official
duties except as may be provided by law.
Section 12.04. No public official shallmay enter into any contract with the City which is
prohibited by law. Any public official who has a proprietary interest in an entity doing business
with the City shallmust make known that interest known in writing to the City Council and the
City Clerk.
Section 12.05. Any public official who in the discharge of said official's duties would be
required to take an action or make a decision which would substantially affect such official's
financial interest or those of a business with which such official is associated, unless the effect
on such official is no greater than on any other citizens or other members of such official's
business classification, profession, or occupation, shallmust take the following actions:
a. A written statement shallmust be prepared which will include the name, address,
office held, action presenting the potential conflict of interest, the nature of the
financial interest, the person notified of the potential conflict of interest, the official's
signature and the date;
b. Said person shallmust deliver copies of the statement to the City Clerk and to the
official's immediate superior, if any;
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Appendix A - CITY CHARTER OF RICHFIELD
CHAPTER 12. CODE OF ETHICS
c. If a potential conflict presents itself and there is insufficient time to comply with the
provisions of clauses "a" and "b" of this section, the public official shallmust verbally
inform the City Clerk and the official's superior of the potential conflict. The official
shallmust then file a written statement with the City Clerk within one week after the
potential conflict presents itself which statement shallmust state the reason for the
delay.
Section 12.06. Any intentional failure to file such statement or any intentional filing of a false
written or verbal statement or any intentional omission of any required information in any
required statement shallwill be unlawful and shallwill be referred by the City Clerk or the public
official's immediate superior to the City Attorney for appropriate action.
(Amended, Bill 1978-14)
CHAPTER 13. MISCELLANEOUS AND TRANSITORY PROVISIONS
Section 13.01. Official Publications.
The Council shallmust annually designate a legal newspaper of general circulation in the
City as its official newspaper in which shall be published. This newspaper will publish all ordinances
and other matters required by law to be so published, as well as such other matters as the
Council may deem it in the public interest to have published in this manner. The City may
provide notices electronically as an additional form of notice or, to the extent allowed by law,
as an alternative to published notices.
Section 13.02. Oath of Office.
Every elected officer of the City shalland any other officer so required by law must, before
entering upon the duties of office, take and subscribe an oath of office in substantially the
following form: "I do solemnly swear (or affirm) to support the Constitution and laws of the
United States and of the State of Minnesota and the Charter and ordinances of the City of
Richfield and to discharge faithfully the duties devolving upon me as (Mayor, Council Member ,
City Manager, etc.) of the City of Richfield to the best of my judgment and ability."
(Amended, Bill 1990-13, Bill 1996-6)
Section 13.03. Official Bonds.
The City Manager, the City Clerk, the City Treasurer, Officers and such other officers or employees of
the City as may be provided for required by ordinance shall eachor law to supply a bond must,
before entering upon the duties of his or her respective office or employment, give a corporate
surety bond to the City in such form and in such amount as may be fixed by the Council as
security for the faithful performance of his or her official duties and the safekeeping of the
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public funds. Such bonds may be either individual or blanket bonds in the discretion of the
Council. They shallwill be approved by the City Council, and approved as to form by the City
Attorney, and filed with the City Clerk. The premiums on the bonds shallwill be paid by the City.
(Amended, Bill 1990-13)
Section 13.04. Sales of Real Property.
No real property of the City shallmay be disposed of except by ordinance. The proceeds of
any sale of such property shallwill be used as far as possible to retire any outstanding
indebtedness incurred by the City in the purchase, construction, or improvement of this or
other property used for the same public purpose. If there is no such outstanding indebtedness,
the Council may by resolution designate some other public use for the proceeds.
Section 13.05. Vacation of Streets.
The Council may by ordinance vacate any street or alley or part thereof within the City.
Such vacation may be made only after published notice and an opportunity for affected
property owners and public to be heard, and upon such further terms and by such procedure
as the Council by ordinance may prescribe. A notice of completion of such procedures shallmust
be filed in accordance with law.
(Amended, Bill 1978-14)
Section 13.06. City to Succeed to Rights and Obligations of Former Municipality.
The City of Richfield shallwill remain vested with and continue to have, hold, and enjoy all
property, property rights, rights of action, and rights of every kind, privileges and immunities
now belonging to or pertaining to the City of Richfield, and shallwill be subject to all liabilities
which exist against said City on said date of Charter. The municipal liquor stores which have
been established in the City of Richfield shallwill continue and may be operated by the City in
the same manner as before the adoption of this Charter. Nothing in this Charter shallwill be
construed as limiting in any manner such continuance or restricting in any way the addition of
new stores or relocation of existing stores.
Section 13.07. Present Officers to Hold Office Till When Reserved.
The present officers of the City shall continue in their respective offices and functions until their successors
are chosen and qualify, and shall continue to govern the City in the usual manner. They shall make such financial
and other provisions as will serve to carry on the government until a government has been set up under this
Charter.
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(Supp. No. 31)
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Section 13.08. Statutes not Affected by Charter.
All general laws and statutes of the state applicable to all cities operating under home rule
Charterscharters, or applicable to cities of the same class as the City of Richfield operating under
home rule Charterscharters, and not inconsistent with the provisions of this Charter, shallwill
apply to the City of Richfield, and shallwill be construed as supplementary to the provisions of
this Charter. The extra session laws of 1961, Chapter 28, shallare not be applicable to the City of
Richfield and are of no legal effect upon adoption of this Charter.
Section 13.09. Existing Ordinances and Resolutions Continued.
All ordinances, resolutions, and regulations of the municipality in force when this Charter
takes effect, and not inconsistent with the provisions thereof, are hereby continued in full
force and effect until amended or repealed.
Section 13.10. Pending Condemnations and Assessments Reserved.
Any condemnation or assessment proceeding in progress when this Charter takes effect shall be continued
and completed under the laws which such proceedings were begun. All assessments made by the municipality
prior to the time when this Charter takes effect shall be collected and the lien thereof enforced in the same
manner as if this Charter had not been adopted.
.
Section 13.11. Disposition of Fines and Penalties.
All fines, forfeitures and penalties received for the violation of any ordinance shallmust be
paid into the City treasury. Every court or officer receiving such monies, within thirty (30) days thereafter,
shall make return thereof under oath and shall be entitled to duplicate receipts for the amount paid. One of the
receipts shall be filed with the City Clerk.
Section 13.12. Ordinances to Make Charter Effective.
The Council shallmay, by ordinance, make such regulations as may be necessary to carry
out and make effective the provisions of this Charter.
(Amended, Bill 1978-14)
Section 13.13. Fines and Penalties. (Added, Bill No. 2002-1)
Subdivision 1. The council may establish by, ordinance, a procedure for imposing an
administrative penalty for any violation of the City Code or a City ordinance. The procedure
must provide that any person charged with an administrative penalty will receive notices of
violations and an opportunity to be heard by a neutral party, which may be the city council.
The procedure may authorize the City to use the services of a non-City employee to decide
whether an administrative penalty should be imposed.
Created: 2021-11-10 11:35:45 [EST]
(Supp. No. 31)
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(Added, Bill No. 2002-1)
Subd. 2. The City Council may provide, by ordinance, that unpaid administrative penalties
be collected as a special assessment against property which was the subject matter, or related
to the subject matter, of the penalty or against the property which was the location of an
activity, proposed use, delivery of City service, or other circumstances that resulted in the
penalty. The ordinance must provide that the City will first attempt to obtain voluntary
payment of the penalty. The ordinance must also provide that notice and an opportunity to be
heard will be given to the property owner listed on the official tax records before the penalty is
assessed.
(Added, Bill No. 2002-1)
Section 13.14. Authority for Expenditures.
The City Council may establish a public expenditure policy (“Policy”) to identify certain types of
expenditures as being for a public purpose and within the City’s authority to expend City funds
on. The Policy will not limit the authority of the City to make expenditures otherwise
authorized by law. If adopted, the Council must review the Policy periodically and update it as
needed. In establishing, reviewing, and approving the Policy, the Council must consider
whether the expenditures to be authorized by the Policy: 1) benefits the community as a
whole; 2) are directly related to governmental functions; and 3) primarily benefits the public
interest, not a private interest. In establishing, reviewing, and approving the Policy, the Council
will consider the opinion of the City Attorney and statewide sources of authority, which may
include judicial determinations, Minnesota Attorney General opinions, and findings of the
Office of the State Auditor.
Expenditures related to any of the following activities will be deemed authorized if the Policy
expressly provides authorization: international, cultural, and economic development
programs; community events, festivals, and celebrations; miscellaneous employee benefits;
employee recognition; and funding for conference attendance. The Council may also provide
specific authorization regarding any other expenditure.
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