03-12-2024 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
MAR C H 12, 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: 2631 053 8891 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) Joint C ity C ouncil and P lanning C ommission Work S ession of F ebruary 26, 2024; (2)
C ity C ouncil Work S ession of F ebruary 28, 2024; and (3) C ity C ouncil Meeting of F ebruary 28, 2024
AG E N D A APPR O VAL
1.A pproval of the A genda
2.Consent Calendar contains several separate items, which are acted upon by the City Council in one
motion. Once the Consent Calendar has been approved, the individual items and recommended
actions have also been approved. No further Council action on these items is necessary. However, any
Council Member may request that an item be removed from the Consent Calendar and placed on the
regular agenda for Council discussion and action. All items listed on the Consent Calendar are
recommended for approval.
A .C onsider approval of a Temporary On S ale Intoxicating L iquor license for the Richfield F oundation's A
Toast To Richfield event to take place on Thursday, May 9, 2024, in the atrium area of Woodlake C enter,
located at 6601 Lyndale Ave S outh.
S taff Report No. 34
B .C onsider the acceptance of the quotation from C ommercial Recreation S pecialists for $537,556.00 to
construct the S plash P ad at the Richfield Outdoor P ool and authorize the Recreation S ervices D irector to
proceed with the project.
S taff Report No. 35
C .C onsider the approval of the new F oundational P ublic Health Responsibilities (F P HR) agreement with the
C ity of B loomington.
S taff Report No. 36
D .C onsider the approval of the Response S ustainability agreement with the C ity of B loomington.
S taff Report No. 37
E .C onsider adoption of a resolution to accept a S afe Routes to S chool D esign A ssistance grant from the
Minnesota D epartment of Transportation.
S taff Report No. 38
3.C onsideration of items, if any, removed from C onsent C alendar
P U B LIC H E AR IN G S
4.C onsider a S econd reading, P ublic Hearing, and S ummary P ublication of an ordinance amending the current
C ity C harter based on the C harter C ommission’s recommendations.
S taff Report No. 39
O T H E R B U S IN E S S
5.C onsider appointment to fill a vacancy on the Transportation C ommission.
S taff Report No. 40
C IT Y MAN AG E R’S R E P O R T
6.C ity Manager's Report
C LAIMS AN D PAYR O L LS
7.C laims and P ayroll
C O U N C IL D ISC U SSIO N
8.Hats Off to Hometown Hits
9.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 - PLANNING COMMISSION
MEETING MINUTES
Richfield, Minnesota
Joint City Council and Planning
Commission Work Session
February 26, 2024
Chair Eddie Holmvig Johnson called the work session to order at 6:00 p.m. in the
Bartholomew Room.
Council Members
Present:
Council Members
Absent:
PC Members
Present:
HRA Members
Absent:
Mary Supple, Mayor; Simon Trautmann; Ben Whalen; Sharon Christensen
and Sean Hayford Oleary
None
Chair Eddie Holmvig-Johnson, and Commissioners Brendan Kennealy,
Benjamin Surma, Brett Stursa, Cole Hooey, and Stephanie Hollman
None
Staff Present: Melissa Poehlman, Community Development Director; Samantha Crosby,
Planner II; and Ruby Villa, Assistant Planner
Others Present: None
ITEM #1 Discuss potential reductions to parking requirements.
Director Poehlman gave a brief introduction to the topic, explaining that the effort arose primarily
out of a policy topic request to eliminate parking minimums received by staff last year. Planner Crosby
then outlined the discussion; recommendations include general housekeeping updates, four areas
proposed for reduction, and one area for further exploration. The recommendations take into
consideration concerns expressed by other departments.
Housekeeping Changes
Planner Crosby explained staff proposed changes of using traditional rounding and allowing
on-street parking to be counted towards off-street parking minimum calculations by right.
Several Council Members and Commissioners expressed their agreement in the proposed
changes.
CALL TO ORDER
Joint City Council Planning Commission Work Session Minutes
-2- Feb. 26, 2024
Expanding Council Flexibility
Planner Crosby explained the proposal for expanding the Council’s flexibility in allowing lower
parking requirements for low-demand populations, not just seniors as currently stated in the code.
There was consensus that allowances in reductions should not be limited to the listed low
demand uses. Planner Crosby stated that she would consult with the City Attorney to determine
whether the proposed language would limit flexibility or if it could be interpreted as mere examples, as
intended.
Council Member Whalen questioned whether the term “physically challenged” is appropriate.
Planner Crosby stated that she would investigate incorporating more inclusive language.
Council Member Hayford-Oleary asked staff if the city could require more ADA parking stalls than
state mandated. Director Poehlman stated that such a regulation would be difficult because the city
cannot legally require more than the building code.
Libraries, Museums, and Art Galleries
Planner Crosby explained the proposal for adding a parking requirement for libraries,
museums, and art galleries to be 3.33 stalls per 1,000 square feet of gross floor area. The addition
of this parking requirement would facilitate the Augsburg Library renovation project.
Council Member Whalen stated that staff should do research regarding parking at the
Richfield Historical Society’s property, in order to determine if similar parking needs exist.
Several Council Members and Commissioners expressed their agreement in the proposed
change.
Class III Restaurants
Planner Crosby explained the proposal for reducing Class III restaurant parking requirements to
7/1,000 GFA from 17/1,000 GFA.
There was some discussion regarding drive-thru businesses in the city. Planner Crosby
clarified that the reduction would be for all Class III restaurants, not just drive-throughs.
Several Council Members and Commissioners expressed their agreement in the proposed
change.
Multi-Family
Planner Crosby explained the proposal for reducing the Council discretionary parking minimum
for multi-family districts from 1.5 stall per unit to 1.25 per unit. There would also be the addition of
language to allow the Council to evaluate “roadway width” as a contextual consideration.
Commissioner Kennealy expressed his support and preference for eliminating parking
minimums all together but understands that the public may not be ready for such a change.
Director Poehlman stated that the proposal for multi-family housing parking was largely guided
by input received from other departments, such as Public Works and Public Safety. Reductions in
parking minimums will affect those departments as well, not just Community Development.
Joint City Council Planning Commission Work Session Minutes
-3- Feb. 26, 2024
Council Member Hayford Oleary stated that he strongly prefers eliminating all parking
minimums. In relation to the proposal, Council Member Hayford Oleary stated that allowing
1.25 stalls per unit by right, for all districts, seems like a more reasonable reduction. Several Council
Members and Commissioners agreed.
Transit Oriented Reductions
Planner Crosby explained the proposal for transit-oriented reductions within 1/8 mile of high
frequency bus stops.
Mayor Supple questioned whether multiple bills in the legislature concerning parking and
transit-oriented parking reductions, if passed, would override the transit-oriented reductions and
other regulations under discussion at this meeting. Planner Crosby confirmed; any state bill
regarding parking would supersede City requirements.
Council Member Hayford Oleary stated that the staff’s proposal of 1/8 mile reduction areas
are more appropriate, as opposed to the 1/2-mile areas proposed in the TOD bill currently in
legislation. He also proposed the idea of eliminating parking minimums within the 1/8-mile areas.
Director Poehlman clarified that even in cities/instances where there are no parking
requirements, some parking is still almost always built because many developers cannot receive
financing for a building with no parking.
Several Council Members and Commissioners expressed their interest in continuing to
explore increases in transit-oriented reductions – even completely eliminating parking requirements
-- within such focused areas. Keeping in mind the evolving nature of transit service, there was
support for looking at the possibility of upzoning around high frequency bus stops with the next
Comprehensive Planning effort.
Planner Crosby provided a brief recap of each item in the presentation and confirmed the
group’s instructions for staff on how to proceed.
Chair Holmvig Johnson adjourned the work session at 6:58 p.m.
Date Approved: March 12, 2024
Submitted by:
Mary B. Supple
Mayor
Ruby Villa Katie Rodriguez
Assistant Planner City Manager
ADJOURNMENT
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
City Council Work Session
February 28, 2024
CALL TO ORDER
Mayor Supple called the work session to order at 5:45 p.m. in the Bartholomew Room.
Council Members
Present:
Mary Supple, Mayor; Simon Trautmann, Sharon Christensen; Sean Hayford
Oleary; and Ben Whalen
Staff Present:
Guests
Katie Rodriguez, City Manager; Sack Thongvanh, Assistant City Manager;
Melissa Poehlman, Community Development Director, Jay Henthorne,
Public Safety Director; Kristin Asher, Public Works Director; Karl Huemiller,
Recreation Services Director; Mike Dobesh, Fire Chief; Kumud Verma,
Finance Manager; Jamie Haefner, Human Resources Manager, and Chris
Swanson, Management Analyst
Lexi Scholten, Baker Tilly
ITEM #1
REVIEW THE RESULTS AND EXPLORE OPTIONS TO IMPLEMENT THE
FINDINGS OF THE COMPENSATION AND CLASS STUDY FROM BAKER TILLY.
Mayor Supple turned the presentation over to City Manager Rodriguez. City Manager
Rodriguez introduced the topic and explained the step staff took to get to this point. She talked about
how staff has been working to review the material from Baker Tilly and noted that the union members
are included in the report as a reference, but still need to come to agreement with the bargaining
units.
City Manager Rodriguez turned the presentation over to Assistant City Manager Thongvanh,
he introduced Lexi Scholten from Baker Tilly. He thanked the staff for all their work on this project over
the past months. He provided more background to the project and turned the presentation over to Ms.
Scholten.
Ms. Scholten provided a summary of what the presentation will cover. She talked about how
the proposed compensation was determined and outlined Baker Tilly’s process. This included
providing a summary of the various inputs that go into impacting the final compensation package. She
talked about the phases of this project and what was covered in each of these steps. She talked about
Baker Tilly’s Systematic Analysis and Factor Evaluation (SAFE) tool and what goes into this
determination. She talked about how the market impacts these scales and how peer organizations
were used to set a baseline for data. She discussed how twelve peer organizations were identified by
the compensation and classification committee.
City Council Work Session Minutes
-2- February 28, 2024
Ms. Scholten discussed some of the other items that went into the evaluation, including the
benefits. She also talked about how they were able to get comparison data for private sector jobs.
She talked about how the cost of labor differentials were incorporated into the study. She spoke about
how Baker Tilly was able to calculate a market value for 90 out of 100 positions the study covered.
She noted that Baker Tilly needs at least three matches in the peer organization to calculate a
standard market value. Baker Tilly found the city of Richfield is, on average, 1.9% below the midpoint.
Ms. Scholten discussed the market assessment and what was found for benefits comparison.
Ms. Scholten talked about the process for development of the pay plan. She outlined the two
pay plans that were created for the city as the general plan and the seasonal plan. She provided
background on the city’s current pay plans and the differences. She introduced the updated general
plan which updates and combines the current general services and management plans. She talked
about how this new pay plan is 100% aligned (at the midpoint) to the market. She noted there was an
increase in the spread between the old pay plan and the new proposal. She also talked about the
proposed seasonal plan. She spoke about the process for grade assignments and underlined that
through this process, the individuals in the positions were not looked at and the workers’ performance
was not included, only the job duties for the position were evaluated.
Ms. Scholten next introduced the implementation scenarios for the new plans. She noted
Baker Tilly never recommends a reduction of a salary in this process. She outlined the process for
bringing employees onto the updated pay plans. She talked through the three proposed scenarios and
what that would look like for an example employee. She again noted these proposed scenarios do not
include represented bargaining units.
City Manager Rodriguez again noted that the comparison to represented employees can be
“apples and oranges” and staff were still evaluating what the full financial impact will be. She talked
about some of the final implications with these models including the impact to the levy and the fund
balance.
Director Verma noted that 70% of the city’s total expenses go to cover staff salaries and this
will have financial impacts. City Manager Rodriguez talked about the importance of the city having a
well-trained workforce, noted it’s one of our strategic priorities, underlining how important good
employees are to the success of Richfield. She also spoke about some of the impacts of not updating
the pay plans in over 20 years. She noted how using the SAFE scores is a more subjective way to
evaluate jobs.
Council Member Whalen asked about a timeline for implementation. He also asked about how
movement across the pay scales would work. Ms. Scholten noted that this was dependent on the
city’s pay policies. Human Resources Manager Haefner noted that steps are dependent on
completing each year and then explained how the open step plan works.
Council Member Hayford Oleary asked about more detail on the step plan. He noted that he is
worried that if the city keeps the steps system, there will be no benefit to staff if they exceed
expectations. He also asked about how the open range raises are determined. Assistant City
Manager Thongvanh talked about how the open pay plan works, including how raises are determined.
Mayor Supple asked about the difference between pay Option 1 and Option 2. Ms. Scholten
stated that with Option 2, staff pay is not only brought up to market rate but also provides a pay bump
based on the years in position. Council Member Whalen noted that even with this bump the max listed
for the positions would stay the same.
Council Member Hayford Oleary asked about why we have steps and not have everything on
an open plan. Ms. Scholten said that this is the standard for how this is done. Council Member
Hayford Oleary noted he wished the city had a structure that rewarded doing great work and doesn’t
feel like the step plan meets this goal. Human Resources Manager Haefner provided more
City Council Work Session Minutes
-3- February 28, 2024
background on the challenges of going fully with an open range option. Specifically, she talked about
the significant amount of additional training this would need for managers and supervisors. Mayor
Supple noted one of the historic reasons pay plans were put into place were to ensure equity across
workers, particularly between men and women at that time.
Council Member Trautmann said he appreciated opportunities like this. He feels like this is an
opportunity to thank staff. He is grateful the city can bring staff salaries to market and was surprised
Eagan was considered a peer city, as they have a larger tax base. He asked if more time was needed
or more tools necessary to come up with the next steps. City Manager Rodriguez said it would be
helpful to get direction from the council and would be willing to hear any other additional proposed
options.
Council Member Trautmann said he was inclined to Option 2(a). Council Member Whalen said
he wanted to explore matching the midpoint. He said there are some positives to be gained by going
above the midpoint. He wants to ensure staff are paid for the great work they are doing. He asked
why the city couldn’t just bump everyone up a flat amount. He asked if there was a feasible route still
within budget where wages could be slightly ahead of the market. Council Member Hayford Oleary
asked if there was another way to provide an incentive for staff that would be just to move everybody
up one step. He asked if this would help with staff retention. City Manager Rodriguez responded and
said, because it’s a tight labor market, and the steps some staff are being hired at, that this process is
already outside the budget. She noted that with this bump it could be a very sizable increase and
noted that all employees also received a 3% COLA at the start of the year. She said staff could look at
this option. She talked about how, because of the limited tax base, Richfield will never be the highest
pay option. Council Member Whalen said the staff is the organization and the city should invest in
staff, that was driving his decisions. City Manager Rodriguez thanked the council for this their
supportive comments.
Council Member Hayford Oleary asked about how common the compression will be at the
bottom with these options. Ms. Scholten provided some context to this question. Council Member
Hayford Oleary said he was learning towards Option 1.
Council Member Trautmann asked what the demographics of the staff who would see these
pay bumps. He wanted to know if this impacted the lower or higher end wage earners more. He asked
if there was one option that addressed the lower end of the spectrum more. Ms. Scholten said she
would have to look at the data to provide a correct answer.
Mayor Supple said Richfield needs to match the market to keep the people already employed
but also bring on new workers. She said the most important item would be to get everyone on the
internal pay plan, so folks are not lagging. She also highlighted the city is doing well with the benefits.
Mayor Supple said she feels like staff need to come back with more information and wanted to better
understand what the financial impacts will be to the city. She wants to balance out the needs from the
compensation study with impacts to the taxpayer.
Council Member Christensen said she tends to agree with the mayor and would like to focus
on retention. She noted the city will have to come back to this after conversations with the unions.
Council Member Whalen asked if the total costs listed in the report were above the amount
that was already set aside in the budget. City Manager Rodriguez noted these proposed financial
impacts would also include what is budgeted. She did state that the estimated amounts in the reports
do not include FICA and other benefit impacts. Council Member Trautmann asked some clarifying
questions about how this study related to union negotiations. City Manager Rodriguez said that staff
needs to sit down with the unions, but this study will provide context for these discussions.
City Council Work Session Minutes
-4- February 28, 2024
City Manager Rodriguez provided a summary of the discussion and outlined the next steps for
staff. She said staff was originally trying to implement April 1st but that will likely change due to the
direction from council.
Council Member Trautmann had a final message about how the infrastructure currently in
place, including staff, is super important and that he wanted to thank everyone for the work they do.
Mayor Supple thanked everyone for the work they did on this process. Council Member Whalen said
he would be interested to hear from staff and wanted to know a good way for staff to provide
comments on this process. Council Member Hayford Oleary said he feels like it could be helpful to
have a 10-day comment period from staff. City Manager Rodriguez said the team would work to
provide an option for staff to contribute comments. Council Member Trautmann said he would also
enjoy hearing from staff.
ADJOURNMENT
Mayor Supple adjourned the work session at 6:59 pm.
Date Approved: February 28, 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; Libby Kantner, City Attorney;
Jay Henthorne, Public Safety Director/Police Chief; Jennifer
Anderson, Support Services Manager; Mike Dobesh, Fire Chief;
Julie Urban, Assistant Community Development Director, and
Chris Swanson, Management Analyst
PLEDGE OF ALLEGIANCE
Mayor Supple led the Pledge of Allegiance.
IN MEMORIUM
Mayor Supple requested a Moment of Silence to honor the three Burnsville First Responders
who lost their lives in the line of duty and gave condolences to their families for their loss.
City Manager Rodriguez gave her thoughts and condolences to the families of the officers and
first responders as well as the staff at Burnsville. She indicated Richfield’s staff, especially the first
responders, continued to be impacted by this tragedy. She thanked Richfield’s first responders and
Police Officers for everything they do in keeping everyone safe.
Mayor Supple stated she had received a message from the Burnsville Mayor thanking the
Richfield staff for all of their help and they appreciated the support.
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
Kathleen Balaban, 65th and Stevens, expressed concern about proposed amendments changing
the city government structure from Mayor-Council to Council-Manager system. She noted her concern
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Council Meeting
February 28, 2024
City Council Meeting Minutes -2- February 28, 2024
regarding the use of electronic signatures. She advocated for the right to vote on changes to the City
Charter, citing staff-initiated changes that were not requested by the citizens.
City Manager Rodriguez read an email received from Deb Nordmarken expressing concern
about the affordability of homes in Richfield and the City Council’s spending decisions, along with the
Council not listening to residents and for making decisions without proper funding in place. Ms.
Nordmarken requested a report on the City’s efforts to seek out new businesses, including clean-up
plans and ideas to entice retail industry.
APPROVAL OF MINUTES
M/Christensen, S/Hayford Oleary to approve the minutes of the: (1) City Council Work Session
of February 13, 2024; (2) Regular City Council Meeting of February 13, 2024.
Motion carried: 5-0
ITEM #1
APPROVAL OF THE AGENDA
M/Hayford Oleary, S/Whalen to approve the agenda.
Motion carried: 5-0
ITEM #2
RICHFIELD POLICE K-9 BADGING CEREMONY
Mayor Supple invited Chief Henthorne to the podium to administer the Oath of Office to canine
Officer Orion and canine Officer Riggs.
Chief Henthorne summarized the Police canine program and administered the Oath of Office to
canine Officer Orion and canine Officer Riggs.
ITEM #3
CONSENT CALENDAR
City Manager Rodriguez presented the consent calendar.
A. Consider the approval of an agreement between the Hennepin County Human Services and
Public Health Department and the City of Richfield Police Department to participate in the
Joint Community Police Partnership (JCPP) program from January 1, 2024, through
December 31, 2026 (Staff Report No. 26)
B. Consider extending American Rescue Plan Act funding contracts with VEAP from March 31,
2024 to June 30, 2024, and with the Conflict Resolution Center to September 30, 2024 (Staff
Report No. 27)
RESOLUTION NO. 12186
RESOLUTION APPROVING AN EXTENTION OF AMERICAN RESCUE PLAN ACT
CONTRACTS WITH VEAP AND CONFLICT RESOLUTION CENTER
City Council Meeting Minutes -3- February 28, 2024
C. Consider approval of the bid tabulation and authorization the Mayor and City Manager to
execute a contract with Valley Paving, Inc. for the Sale Routes to School 71st Street Sidewalk
project in the amount of $150,820, and authorize the City Manager to approve contract
changes up to $175,000 without further City Council consideration (Staff Report No. 28)
D. Consider approval of resolution authorizing execution of MnDOT Agreement #1055391 for
the disbursement of state general obligation bond funding for the 71st Street Safe Routes to
School sidewalk program (Staff Report No. 28)
RESOLUTION NO. 12187
SAFE ROUTES TO SCHOOLS PROGRAM GRANT AGREEMENT
GRANT TERMS AND CONDITIONS
RESOLUTION NO. 12188
AUTHORIZING EXECUTION OF MNDOT AGREEMENT #1055391
SETTING GRANT TERMS AND CONDITIONS FOR THE DISTRIBUTION OF
STATE GENERAL OBLIGATION BOND FUNDING FOR THE 71ST STREET
SAFE ROUTES TO SCHOOL SIDEWALK PROGRAM
M/Trautmann, S/Whalen to approve the consent calendar.
Motion carried: 5-0
ITEM #4
CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT
CALENDAR
None.
ITEM #5
PUBLIC HEARING AND CONSIDERATION OF THE ADOPTION OF A
RESOLUTION SPECIFYING THE USE OF FUNDS FROM THE URBAN
HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT
ALLOCATION FOR 2024 AND AUTHORIZING EXECUTION OF A
SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY
REQUIRED THIRD-PARTY AGREEMENTS. (STAFF REPORT NO. 29)
Council Member Hayford Oleary presented Staff Report 29 and opened the public hearing.
Council Member Whalen pointed out a mistake in the staff report and resolution regarding the
amount of $423 and $432. City Attorney Kantner noted the mistake would be corrected and the Council
could proceed with the approval.
M/Hayford Oleary, S/Trautmann to close the public hearing.
Motion carried: 5-0
M/Hayford Oleary, S/Whalen to adopt a resolution approving proposed use of 2024 Urban
Hennepin County Community Development Block Grant Program Funds and Authorizing Execution of
Subrecipient Agreement with Hennepin County and any required Third-Party Agreements.
City Council Meeting Minutes -4- February 28, 2024
RESOLUTION NO. 12185
RESOLUTION APPROVING PROPOSED USE OF 2024 URBAN HENNEPIN
COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS
AND AUTHORIZING EXECUTION OF SUBRECIPIENT AGREEMENT
WITH HENNEPIN COUNTY AND ANY REQUIRED THIRD-PARTY AGREEMENTS
Council Member Trautman pointed out that this was a powerful tool and thanked staff for
making it a priority for new homeowners in Richfield. Mayor Supple echoed Council Member
Trautman’s sentiments and indicated the rehabilitation program was very valuable.
Motion carried: 5-0
ITEM #6
CONSIDER THE APPROVAL OF THE SECOND READING OF ORDINANCES
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 (STAFF REPORT NO. 30)
Whalen presented Staff Report 30.
M/Whalen, S/Hayford Oleary to approve an Ordinance amending Subsection 925.13 of the
Richfield Code of Ordinances Amending the Public Nuisance Code to add a provision relating to flexible
dumpsters.
Council Member Hayford Oleary thanked staff for the changes and believed this would ensure
people were being good neighbors. He stated he was in support of this.
BILL NO. 2024-01
AN ORDINANCE AMENDING SUBSECTION 925.13 OF THE
RICHFIELD CODE OF ORDINANCES AMENDING THE PUBLIC NUISANCE CODE
TO ADD A PROVISION RELATING TO
FLEXIBLE DUMPSTERS
Motion carried: 5-0
M/Whalen, S/Hayford Oleary to approve 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.
BILL NO. 2024-02
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
Motion carried: 5-0
City Council Meeting Minutes -5- February 28, 2024
ITEM #7
CONSIDER THE FIRST READING OF AN ORDINANCE AMENDING THE
CURRENT CITY CHARTER BASED ON THE CHARTER COMMISSION’S
RECOMMENDATIONS. (STAFF REPORT NO. 33)
Council Member Trautman thanked the Commission members and staff for their work on this
Ordinance. He presented Staff Report 33.
M/Trautmann, S/Hayford Oleary to approve the first reading of an Ordinance Adopting
Comprehensive Amendments to the Richfield City Charter.
Council Member Hayford Oleary clarified they were not changing the form of government from
the current structure. He noted the current city structure is Council-Manager and they would continue
and that remains unchanged. He stated the intent of updating this language is to improve clarity on
responsibilities in the event of an emergency.
Mayor Supple thanked the Charter Commission members and staff who worked on this.
Council Member Whalen noted a lot of the changes were non-significant updates and the form
of government was not changing. He indicated a couple of slightly more significant changes related to
what to do when there was a vacancy and when a special election was warranted as well as the
emergency powers of the mayor, which had come up during the pandemic.
Council Member Trautmann inquired if each change to the Charter required a unanimous vote.
City Attorney Kantner responded that was correct.
Council Member Trautmann pointed out that among the Council when they were discussing this
there was no universal agreement, but a consensus was eventually reached.
Management Analyst Swanson noted the Commission had met more in the last 2.5 years
reviewing this document than the Commission met in the prior 7 plus years. He thanked all members
of the Charter Commission.
Mayor Supple thanked Management Analyst Swanson for researching the historical information
on the original document.
Motion carried: 5-0
ITEM #8
CONSIDER THE APPROVAL OF AGREEMENT WITH NON-PROFIT
ORGANIZATIONS TO PROVIDE SOCIAL SERVICES TO THE CITY OF
RICHFIELD AND AUTHORIZE THE CITY MANAGER TO EXECUTE
AGREEMENTS WITH THOSE AGENCIES (STAFF REPORT NO. 32)
Council Member Christensen presented Staff Report 32.
The council asked general questions about the funding and what organizations were receiving
the money. Assistant Community Development Director Urban answered the questions for the council.
M/Christensen, S/Whalen to approve the agreement with non-profit organizations to provide
social services to the City of Richfield and authorize the City Manager to execute agreements with those
agencies.
City Council Meeting Minutes -6- February 28, 2024
Motion carried: 5-0
ITEM #9
CITY MANAGER’S REPORT
City Manager Rodriguez did not have anything to report.
ITEM #1-
CLAIMS AND PAYROLL
M/Trautmann, S/Hayford Oleary that the following claims and payrolls be approved:
U.S. BANK 02/22/2024
A/P Checks: 326833 – 326975 $1,130,236.95
Payroll: 185530 – 185845, 43773 – 43784 $965,631.10
TOTAL $2,095,868.05
Motion carried: 5-0
ITEM #11
HATS OFF TO HOMETOWN HITS
Council Member Trautmann thanked staff for taking the time to have the evaluation done
regarding employee compensation and stated the city is in better shape than it had been in the past.
He appreciated the moment of silence for the Burnsville first responder and police officers and gave
hats off to the Richfield first responders, police officers, and firefighters.
Council Member Hayford Oleary gave hats off to the Transportation Commission for their work
on Nicollet Avenue reconstruction.
Council Member Christensen gave hats off to the Parks and Recreation Department for the
activities coming up this spring and summer.
Council Member Whalen stated there was also a new recreation fee assistance program for
people who were unable to afford the fee of a recreation program. He thanked staff for their work on
this program.
Mayor Supple stated there was going to be a listening session which would include policymakers
with the Richfield Disability Advocacy Partnership as sponsors on March 7 from 7 p.m. to 8:30 p.m. in
the Richfield Public Schools Boardroom. She gave a shout out to the Richfield Dual Language School
students. She gave a shout out to the community members who attended the precinct caucus. She
gave a shout out for the recreations program day trips scheduled. She thanked everyone for making
her available to go to the League of Minnesota Cities training.
ITEM #12
ADJOURNMENT
M/Whalen, S/Hayford Oleary to adjourn the meeting at 7:55 p.m.
Motion carried: 5-0
City Council Meeting Minutes -7- February 28, 2024
Date Approved: March 12, 2024
Mary B. Supple
Mayor
Chris Swanson Katie Rodriguez
Management Analyst City Manager
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #2.A.
STAFF RE P ORT NO. 34
CIT Y COUNCIL MEET ING
3/12/2024
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
3/4/2024
O THE R D E PA RTM E NT RE V IE W:
C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager
3/6/2024
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consider approval of a Temporary On Sale Intoxicating Liquor license for the Richfield Foundation's A
Toast To Richfield event to take place on Thursday, May 9, 2024, in the atrium area of Woodlake
Center, located at 6601 Lyndale Ave South.
E X E C UT IV E S UM M ARY:
On February 23, 2024, the City received application materials for a Temporary On Sale I ntoxicating Liquor
license for the Richfield Foundation's A Toast To Richfield event to take place on Thursday, May 9, 2024. The
event will take place from 6:30 p.m. to 9:00 p.m. in the atrium area of Woodlake Center, located at 6601
Lyndale Avenue South.
This will be an event open to those 21+, verified before entrance. The request is to serve wine, beer and spirits
tastings. They will have several wine, beer, and spirits vendors. They will also offer appetizers, desserts, water
and coffee.
All required information, documents and licensing fees have been provided. The Director of Public Safety has
reviewed all required information and documents and has found no basis for denial.
The City Council has previously granted this license in conjunction with this event.
RE C O M M E ND E D AC T I O N:
By motion: Approve the issuance of a Temporary On Sale Intoxicating Liquor license for Richfield
Foundation's A Toast To Richfield event, to take place on Thursday, May 9, 2024, in the atrium area of
Woodlake Center, located at 6601 Lyndale Avenue South.
B AS IS O F RE C O M M E ND AT I O N:
A .H IS TOR IC AL C ON T E X T
The applicant has satisfied the following requirements for the issuance of this license:
The required licensing fees have been received.
P roof of liquor liability insurance has been provided showing E vanston Insurance C ompany affording the
coverage.
The Richfield F oundation has contacted food sanitarians from the C ity of B loomington to ensure food
handling practices are followed.
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 standards business.
C .P OL IC IE S (resolutions, ordinances, regulations, statutes, exc):
Richfield C ity C ode S ection 1202.05 requires all applicants to comply with all of the provisions of this code, as
well as the provisions of Minnesota S tatute C hapter 340A .
D .C R IT IC AL T IMIN G IS S U E S:
The Richfield F oundation's A Toast To Richfield event takes place on Thursday, May 9, 2024, so approval by the
C ity C ouncil is needed at the regular meeting on March 12, 2024.
E .F IN AN C IAL IMPAC T:
The required licensing fees have been received.
F.L E GAL C ON S ID E R AT ION:
There are no legal considerations.
ALT E R N AT IV E R E C OMME N D AT ION(S):
The C ouncil could deny the approval of the Temporary On S ale Intoxicating L iquor license for the Richfield
F oundation. This would mean the applicant would not be able to serve alcohol at their Wine Tasting event; however,
P ublic S afety has not found any basis for denial.
P R IN C IPAL PAR T IE S E X P E C T E D AT ME E T IN G:
A representative of the Richfield F oundation will be present.
AT TAC H ME N T S:
D escription Type
Temp liquor - A Toast To Richfield C over Memo
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #2.B.
STAFF RE P ORT NO. 35
CIT Y COUNCIL MEET ING
3/12/2024
RE P O RT P RE PA RE D B Y:K ris Weiby Veterans P ark F acility Manager
D E PA RTME NT D IRE C TO R RE V IE W:K arl Huemiller, Recreation S ervices D irector
3/5/2024
O THE R D E PA RTM E NT RE V IE W:
C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager
3/6/2024
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consider the acceptance of the quotation from Commercial Recreation Specialists for $537,556.00 to
construct the Splash Pad at the Richfield Outdoor Pool and authorize the Recreation Services
Director to proceed with the project.
E X E C UT IV E S UM M ARY:
On September 13, 2022 the city council passed Resolution 12006 to spend the remaining allocation of the
American Rescue Plan Act (A RPA) funds. The allocated portion for the splash pad is $750,000.
The Recreation department contracted with Aquatic Designs to engineer and design the architectural drawings.
Aquatic Designs assisted with development of surveys and hosting open houses to receive residential
feedback. I n the survey, residents were asked to indicate which types of play features, color schemes, themes,
and play activities they preferred for the splash pad. The recreation department in J une of 2023 sent out the
surveys, conducted an open house in front of the pool, and gave a presentation to the Community Services
Commission. The three themes were boats/sailing, animals, and wetland/nature setting. The wetland/nature
theme was the overall winner during this resident engagement time frame.
RE C O M M E ND E D AC T I O N:
By Motion: Accept the quotation from Commercial Recreation Specialists for $537,556.00 to construct
the Splash Pad at the Richfield Outdoor Pool 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 original Richfield pool was constructed in 1961. The main pool started to leak in the early 2000's. A
renovation of the pool was planned for 2003. The city decided to rebuild that bath house during that time. D uring
the remodel they piped in for a future S plash P ad expansion. The C ity of Richfield agreed to fund the S plash
P ad using A RPA funds in the amount of $750,000 on S eptember 12th 2022.
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 S plash P ad will have free access to all our residents. It is anticipated that the S plash P ad will be open from
Memorial D ay through L abor day once completed. This will provide residents a free option to cool themselves
during those hot summer months. It will also give our pool users another play feature for them to utilize during the
summer.
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.
Strategic Outcome Considerations: The acceptance of the quote from C ommercial Recreation S pecialists
to assure "city infrastructure supports service needs" into the future.
D .C R IT IC AL T IMIN G IS S U E S:
Installation of the new splash pad equipment and removal off some of existing concrete/fence line will take place
in the S pring of 2024.
E .F IN AN C IAL IMPAC T:
F unding for the new S plash P ad will come from allocated A RPA money by the city council. They allocated
$750,000 for this project.
The proposed project budget of $537,556.00 includes all of the following:
Removal of old concrete and fence line.
Removal of base layer of dirt.
E xcavation & grading within the container
D rain tile, initial grading, backfill, sod & seed, export unwanted fill.
Installation of S plash P ad
A dd a new S and F ilter in the bath house
A dd a new A ccutab chemical feeder in the chemical room
A dd a new surge tank dedicated to the splash pad
A dd circulation pumps for splash pad and play features
A ny electrical work associated with splash pad
A dd water play features
A dd S hade S tructure
A dd S eating areas
A dd new fence line and gate that separates the splash pad and zero depth pool
A dd new A D A curb cuts to entry of splash pad.
New pool heater dedicated to splash pad
F.L E GAL C ON S ID E R AT ION:
There are no legal considerations for this item.
ALT E R N AT IV E R E C OMME N D AT ION(S):
Reject the quote and delay the installation of the new S plash P ad.
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
Quote for S plash P ad Instalation C over Memo
3D S plash P ad design C over Memo
Quote
Commercial Recreation Specialists
807 Liberty Dr., Ste 101
Verona, WI 53593-9160
Ph: (877) 896-8442 Fx: (608) 848-8782
43-2046045
Page:1
0024573
2/5/2024Quote Date:
Quote Number:
Bill To :
City of Richfield
636 East 66th Street
Minneapolis, MN 55423
Ship To :
City of Richfield
636 East 66th Street
Minneapolis, MN 55423
Ph: 612-861-9355
BEST WAY
Shipping Method
Customer PO Number
SEE BELOW
Payment Terms
Jeff Corniea
Sales Rep NameCustomer ID
3/6/2024
CITY OF RICHFIELD
Valid Through
Item Unit Cost AmountDescriptionQuantity
City of Richfield Splashpad Equipment and Installation -
MN State Swift Contract #218097
/99999 SPLSHPD 4,820.004,820.001.00Aqualien Flower No2
/99999 SPLSHPD 3,470.003,470.001.00Activator No3
/99999 SPLSHPD 1,420.00710.002.00Water Bloom No1
/99999 SPLSHPD 7,850.007,850.001.00Butterfly No1
/99999 SPLSHPD 6,120.006,120.001.00Cattail
/99999 SPLSHPD 2,000.00500.004.00Directional Jet No1
/99999 SPLSHPD 12,630.0012,630.001.00Flower
/99999 SPLSHPD 11,710.0011,710.001.00Flower No6
/99999 SPLSHPD 15,810.0015,810.001.00Frog No5
/99999 SPLSHPD 1,100.00550.002.00Geyser No1
/99999 SPLSHPD 2,200.00550.004.00Jet Stream No1
/99999 SPLSHPD 22,500.0022,500.001.00Oak Tree
/99999 SPLSHPD 8,100.008,100.001.00Snail No4
/99999 SPLSHPD 980.00980.001.00Side Winder
/99999 SPLSHPD 1,570.001,570.001.00Playsafe Drain No4
/99999 SHADE 13,141.206,570.602.00EOSPP101008
10' x 10' Offset Single Post Pyramid - 8' Eave - Pier
Mounted Columns
/99999 PARK MISC ITEMS 2,718.001,359.002.00CRB-6
6' Carnival Bench
Continued
Quote
Commercial Recreation Specialists
807 Liberty Dr., Ste 101
Verona, WI 53593-9160
Ph: (877) 896-8442 Fx: (608) 848-8782
43-2046045
Page:2
0024573
2/5/2024Quote Date:
Quote Number:
Bill To :
City of Richfield
636 East 66th Street
Minneapolis, MN 55423
Ship To :
City of Richfield
636 East 66th Street
Minneapolis, MN 55423
Ph: 612-861-9355
BEST WAY
Shipping Method
Customer PO Number
SEE BELOW
Payment Terms
Jeff Corniea
Sales Rep NameCustomer ID
3/6/2024
CITY OF RICHFIELD
Valid Through
Item Unit Cost AmountDescriptionQuantity
/DISCOUNT CA 2,362.78-2,362.78-1.00MN State Contract Discount
Equipment Subtotal after discount = $118,139.20 -
$2,362.78 = $115,776.42
/99999 SHADE 945.00945.001.00MN Professional
Engineer Sealed Drawings
/99999 SPLSHPD 145,512.78145,512.781.00Water Quality Management Sys.
Includes: Modular WQMS, Vault Manifold, Acid-Rite &
Accutab chemical erosion feeders, 3,000 gal containment
tank, debris trap/rain diverter.
/ADMIN FEE 14,250.0014,250.001.00Payment and Performance Bonds
Continued
Quote
Commercial Recreation Specialists
807 Liberty Dr., Ste 101
Verona, WI 53593-9160
Ph: (877) 896-8442 Fx: (608) 848-8782
43-2046045
Page:3
0024573
2/5/2024Quote Date:
Quote Number:
Bill To :
City of Richfield
636 East 66th Street
Minneapolis, MN 55423
Ship To :
City of Richfield
636 East 66th Street
Minneapolis, MN 55423
Ph: 612-861-9355
BEST WAY
Shipping Method
Customer PO Number
SEE BELOW
Payment Terms
Jeff Corniea
Sales Rep NameCustomer ID
3/6/2024
CITY OF RICHFIELD
Valid Through
Item Unit Cost AmountDescriptionQuantity
/SPLASHPAD SVC 249,559.80249,559.801.00Splashpad Installation
Continued
Quote
Commercial Recreation Specialists
807 Liberty Dr., Ste 101
Verona, WI 53593-9160
Ph: (877) 896-8442 Fx: (608) 848-8782
43-2046045
Page:4
0024573
2/5/2024Quote Date:
Quote Number:
Bill To :
City of Richfield
636 East 66th Street
Minneapolis, MN 55423
Ship To :
City of Richfield
636 East 66th Street
Minneapolis, MN 55423
Ph: 612-861-9355
BEST WAY
Shipping Method
Customer PO Number
SEE BELOW
Payment Terms
Jeff Corniea
Sales Rep NameCustomer ID
3/6/2024
CITY OF RICHFIELD
Valid Through
Item Unit Cost AmountDescriptionQuantity
Scope:
• Excavation of water containment tank, rain diverter,
and vault manifold areas.
• WQMS setting and securing the water containment
tank and placing the concrete pad.
• Excavation of splashpad area to 4’ below grade.
Backfill to 18” below grade with compacted sand for
piping installation.
o Provide and place geotextile fabric and French drain
system under sand backfill.
• Set drain and connect drain lines to rain diverter.
• Provide concrete leveling blocks for Vortex water
features.
• Set SafeSwap foundations, SafeSwaps, and
embedded water features according to manufacturer’s
written instructions.
• Provide and install Vault control cabinet.
• Provide and install Rain Diverter and drain line.
• Provide and install Modular WQMS System inside
building.
• Bonding/grounding of construction rebar and all water
features and shade.
• Electrical – site electrical work for splashpad with all
wiring from main panel to all Vortex mechanicals.
• Connect tank lines to building plumbing rough ins.
• Provide and install conduit to Activators and pull Vortex
wire to controller.
• Plumb stainless-steel Vault Manifold Command
Center with schedule 80 PVC piping and fittings, valves,
Continued
Quote
Commercial Recreation Specialists
807 Liberty Dr., Ste 101
Verona, WI 53593-9160
Ph: (877) 896-8442 Fx: (608) 848-8782
43-2046045
Page:5
0024573
2/5/2024Quote Date:
Quote Number:
Bill To :
City of Richfield
636 East 66th Street
Minneapolis, MN 55423
Ship To :
City of Richfield
636 East 66th Street
Minneapolis, MN 55423
Ph: 612-861-9355
BEST WAY
Shipping Method
Customer PO Number
SEE BELOW
Payment Terms
Jeff Corniea
Sales Rep NameCustomer ID
3/6/2024
CITY OF RICHFIELD
Valid Through
Item Unit Cost AmountDescriptionQuantity
joints and connections.
•Provide and install schedule 80 PVC between
manifold and water features.
•Pressure test fittings and piping.
•Install 3/8” gravel/stone chips around piping and
backfill with sand to 6” below final grade.
•Install Splashpad in accordance with contract
documents (shop drawings, P&E, etc.)
•Flush system with water to eliminate any construction
debris.
•Conduct system test.
•Adjust water features water flow to required flow rate.
•Concrete preparation with compacted sand and
concrete to include 2,500 sq. ft with #4 rebar, 12” on
centers. Medium broom finish with saw cuts and cure &
seal.
•Provide laminated diagram of the manifold chart for
the mechanical room.
•Pier mount columns for (2) 10’ x 10’ shades
o Excavating for pier mount footers.
o Provide anchoring hardware for pier mount
Continued
Quote
Commercial Recreation Specialists
807 Liberty Dr., Ste 101
Verona, WI 53593-9160
Ph: (877) 896-8442 Fx: (608) 848-8782
43-2046045
Page:6
0024573
2/5/2024Quote Date:
Quote Number:
Bill To :
City of Richfield
636 East 66th Street
Minneapolis, MN 55423
Ship To :
City of Richfield
636 East 66th Street
Minneapolis, MN 55423
Ph: 612-861-9355
BEST WAY
Shipping Method
Customer PO Number
SEE BELOW
Payment Terms
Jeff Corniea
Sales Rep NameCustomer ID
3/6/2024
CITY OF RICHFIELD
Valid Through
Item Unit Cost AmountDescriptionQuantity
o Provide and install rebar.
o Provide and pour concrete for pier mount footers.
o Install all shade structure columns.
•Erect any additional upper supports of the shade
structure.
•Assemble the shade structure canopy/canopies.
•Provide a certified Vortex splashpad
installer/instructor/operator for start-up and operation
training. This is required to happen on the same
day/same trip as the installation of the vertical features.
•Provide a Winterization training on site after Labor
Day of the installation year, but before November 1st of the
installation year.
•Removal of debris and packaging material and final
site cleanup.
•Final grading and 50 sq ft. of sod around splashpad.
•Installation of (5) limestone seating boulders.
•Erosion control (silt barrier fencing).
•Installation of 80’ of trench drain on splashpad dry
zone, connected to lift station with Schedule 40 pipe.
•Bolt water heater to floor and run the water lines into
and out of the heater.
Exclusions & Owner/GC Responsibilities:
•Receiving, offloading, storage prior to installation, and
site security.
•Private/Public utility locate required (Unmarked
utilities responsibility of Owner/GC).
•Permits and permitting fees not stated above.
Continued
Quote
Commercial Recreation Specialists
807 Liberty Dr., Ste 101
Verona, WI 53593-9160
Ph: (877) 896-8442 Fx: (608) 848-8782
43-2046045
Page:7
0024573
2/5/2024Quote Date:
Quote Number:
Bill To :
City of Richfield
636 East 66th Street
Minneapolis, MN 55423
Ship To :
City of Richfield
636 East 66th Street
Minneapolis, MN 55423
Ph: 612-861-9355
BEST WAY
Shipping Method
Customer PO Number
SEE BELOW
Payment Terms
Jeff Corniea
Sales Rep NameCustomer ID
3/6/2024
CITY OF RICHFIELD
Valid Through
Item Unit Cost AmountDescriptionQuantity
•Provide and install water meter and backflow
preventer.
•Backflow preventer certification.
•Deliver/provide all equipment to the site prior to CRS
arrival.
•Water line plumbed to backflow preventer in building
and ready to be turned on.
•Removing or replacing any existing concrete.
•Any wall penetrations, sleeves, or knockouts.
•Weekend work.
•Out of sequence work.
•Prevailing wages.
Terms:
Freight is based on current quoted rates and are subject
to change. Actual freight charges will be charged at the
time of shipment and included on the final invoice.
Equipment to be invoiced upon shipment. Installation to
be invoiced upon substantial completion.
Net Order:526,044.00
Freight:11,512.00
Sales Tax:0.00
537,556.00Order Total:
Note: This quote is valid for 30 days. Please review the above information carefully. It defines your
order as we understand it. If satisfactory, please sign and date below and fax to 608-848-8782,
email back to your sales representative, or send a copy with your deposit to the address above. We will
begin processing your order upon receipt of both your DEPOSIT AND APPROVAL SIGNATURE, per the
terms indicated on your quote above. Additional surcharges may apply depending on final delivery
address, actual delivery requirements and payment method. Please note that a 3% convenience fee may
apply to credit card orders.
Customer Acceptance: ______________________________________________ Date: _____________
david
Quote
Commercial Recreation Specialists
807 Liberty Dr., Ste 101
Verona, WI 53593-9160
Ph: (877) 896-8442 Fx: (608) 848-8782
43-2046045
Page:8
0024573
2/5/2024Quote Date:
Quote Number:
Bill To :
City of Richfield
636 East 66th Street
Minneapolis, MN 55423
Ship To :
City of Richfield
636 East 66th Street
Minneapolis, MN 55423
Ph: 612-861-9355
Terms and CondiƟons
1.When InstallaƟon or site work is specified in the proposal or quote, site security is not included. The customer is responsible for ensuring security during the project when Commercial
RecreaƟon Specialists, Inc. is not present installing the specified system and immediately upon compleƟon of the installaƟon. In the event of vandalism or unexpected damage, Commercial
RecreaƟon Specialists, Inc. reserves the right to charge the customer for repairs and/or replacement goods.
2.This proposal or quote may be withdrawn if not accepted within thirty (30) days of its issuance. Commercial RecreaƟon Specialists, Inc. will consider reasonable revisions to this proposal
included in the terms of a subcontract provided it accurately incorporates the terms and condiƟons of this proposal. A proposal or quote not accepted within thirty (30) days will be
subject to price escalaƟon for InstallaƟon materials, equipment, and freight. Commercial RecreaƟon Specialists, Inc. reserves the right to adjust its quoted price if the terms of a related
subcontract increase its costs or add to Commercial RecreaƟon Specialists, Inc.’s administraƟve Ɵme of compliance.
3.When InstallaƟon or site work is specified in the proposal or quote, all work shall be performed according to industry standards. Areas in which Commercial RecreaƟon Specialists, Inc.
InstallaƟon Team will be working shall be free and clear of all debris and accessible to any/all equipment necessary to perform the proposed work. Commercial RecreaƟon Specialists, Inc
assumes the site is buildable and has suitable subsurface condiƟons to allow the proposed construcƟon.
4.Unless waived in wriƟng by Commercial RecreaƟon Specialists, Inc., any changes to the scope of work, or the terms and condiƟons of this proposal shall be performed only aŌer execuƟon
of a wriƩen change order.
5.Commercial RecreaƟon Specialists, Inc. is not responsible for any delays due to strikes, accidents, weather, acts of God, and/or other delays beyond the control of Commercial RecreaƟon
Specialists, Inc. Commercial RecreaƟon Specialists, Inc. is not responsible for any damages due to any of the above or similar causes outside of its control.
6.Commercial RecreaƟon Specialists, Inc. is not responsible for receiving, off-loading, storage, installaƟon, project management or coordinaƟon, piping, anchor bolts, concrete, surfacing,
electrical, plumbing, bonding, bonding payment, geotechnical survey work, excavaƟon, removal of exisƟng materials, removal of debris and packaging material, site restoraƟon, permits or
permit fees, stamped drawings or Health department approval unless otherwise specified in the above proposal or quote.
7.The Customer is responsible for inspecƟng all deliveries for damage, noƟng any damage on the bill of lading, and noƟfying Commercial RecreaƟon Specialists, Inc. within one (1) day of
receiving.
8.If applicable, sales tax has been included and will only be removed upon presentaƟon of a Tax-Exempt form, Resale CerƟficate, or Capitol Improvement form. In the event any asserƟon of
tax-exempt status is later denied by a taxing authority, the buyer will be responsible for the unpaid tax and any penalƟes and interest charges.
9.Freight shown is an esƟmate based on current quoted rates and is subject to change. Actual freight costs will be charged at the Ɵme of shipment and will be included on the final invoice
applicable, the buyer is responsible for customs fees, duƟes, or taxes assessed by any port of entry.
10.When InstallaƟon or site work is specified in the proposal or quote, Commercial RecreaƟon Specialists, Inc. is not responsible for private or public uƟlity charges to locate services unless
otherwise specified in the proposal or quote. Private and public uƟlity efforts to locate services need to be completed and marked before Commercial RecreaƟon Specialists, Inc. arrives on
site. Commercial RecreaƟon Specialists, Inc. is not responsible for damage to or repair of unmarked uƟliƟes.
11.The Customer is responsible for ensuring the scope of work in the quote or proposal meets all local standards and codes and that all required approvals and permits have been obtained
unless otherwise noted in the quote or proposal. This responsibility also extends to any changes requested.
12.Commercial RecreaƟon Specialists, Inc. warrants all its labor and workmanship under the aƩached proposal’s scope of work for a period of one (1) year from the date of substanƟal
compleƟon.
13.Any requested special or custom modificaƟons and/or alteraƟons made to products installed by Commercial RecreaƟon Specialists, Inc. may void and null warranƟes provided by the
manufacturer.
Version A - 41534
City Pool Richfield Splashpad - MN - USA
Water moves us
We understand how every drop, stream, and
splash shapes the world around us. By harnessing
the transformative power of water, Vortex creates play
experiences for children to develop, communities to
flourish, and businesses to thrive. We exist to leave an
impact—one that lasts long after families are dried off.
We put a lot of stock into local representation.
Every collaboration begins by getting to know
the families you’re servicing and thinking
creatively about how we can help them
grow. We ensure that no matter where you’re
situated, our customer service and expert
guidance come equipped with an intuitive
understanding of what sets your facility apart.
Every Vortex project is engineered on-site to
ensure the highest quality and safety standards.
We use stainless and galvanized steel sourced
from North America and are vertically
integrated for maximum quality control.
Manufactured and tested in our Montreal
headquarters, products are designed to last
and require little maintenance.
To foster a rich understanding of your unique
needs, our design team draws its talent from
many disciplines. Engineers, creative designers,
childhood development specialists, and water
choreography experts tackle new projects
from all exciting angles. Our multidisciplinary
approach oversees countless variables
including water management, accessibility,
and (most importantly) play.
8,000
Projects
worldwide
50
Countries
served
100+
Awards
& honors
Our boots on
the ground
Our superior
quality
Our diverse
expertise
Why choose Vortex?
5Splashpad®City Pool Richfield Splashpad - MN - USA
Version A - 41534 View 1
All 3D renders shown are for illustration purposes only. Actual colors,
textures and finishes may differ from renders.
6Splashpad®City Pool Richfield Splashpad - MN - USA
Version A - 41534 View 2
All 3D renders shown are for illustration purposes only. Actual colors,
textures and finishes may differ from renders.
7Splashpad®City Pool Richfield Splashpad - MN - USA
Version A - 41534 View 3
All 3D renders shown are for illustration purposes only. Actual colors,
textures and finishes may differ from renders.
8Splashpad®City Pool Richfield Splashpad - MN - USA
Version A - 41534 View 4
All 3D renders shown are for illustration purposes only. Actual colors,
textures and finishes may differ from renders.
9Splashpad®City Pool Richfield Splashpad - MN - USA
Version A - 41534 Play Value Planning
Sensory
Stimulates & develops multiple
sense experiences
Spray
Encourages teamwork &
competition
Tactile
Promotes discovery of water
textures
Iconic
Features interactive fun & serves
as a social gathering place
Circuit
Encourages physical
development
Flow
Develops discovery
& learning
Kinetic
Features interactive fun &
encourages movement
Misty
Cloud-like experience gives
refreshing thrills
Aquatic play may feel spontaneous, but it actually requires lots
of planning. We design every play experience to keep families
engaged, boost dwell times, and increase return visits.
To build lasting memories among moms, dads, and little
ones of all abilities, we carefully consider how to integrate
products that cater to everything from the location’s footprint
and capacity to its demographics and theming objectives.
Toddler
Family
Teen
10City Pool Richfield Splashpad - MN - USA
Version A - 41534
Splashpad®
Color Options
Beige
RAL 1015
Saffron
RAL 1017
Yellow
RAL 1023
Orange
RAL 2011
Red*
RAL 3000
Fuchsia
RAL 4006
Navy Blue
RAL 5003
Sky Blue
RAL 5012
Blue
RAL 5017
Pastel Blue
RAL 5024
Vortex Colors
SeeFlow™Accessories
TwinsplashSuperwave
Splashpad®Project Color Options
Green
RAL 6018
Mint Green
RAL 6019
Pale Green
RAL 6021
Fern Green
RAL 6025
Coral Green
RAL 6027
Forest Green
RAL 6029
Grey
RAL 7040
Sparkle
RAL 90080
Brown
RAL 8024
White
RAL 9003
Black
RAL 9017
PlaySafe™ Drain PodSpray™ToeGuard™TwirlTec™TwistNozzle™LED
Available in Vortex Blue (as shown)
Vortex Colors
Vortex Colors
SeeFlow™
SeeFlow™
Vortex Colors
Vortex Colors
Orange Red LimeBlue
Orbs
Supersplash
Vortex Colors
SeeFlow™
Vortex Colors
Vortex Colors
Steel and Fiberglass (excluding waterslides).* An additional fee will apply on fiberglass waterslide applications.
Urban Marine Nature Vibrant
Yellow Orange Red GreenBlue Ocean Blue
Certain restrictions apply
Certain restrictions apply.
1111
01
04
05
06
02
03
01
04
05
06
02
03
Nature 1
Nature 4
Nature 5
Nature 6
Nature 2
Nature 3
Marine 1
Marine 4
Marine 5
Marine 6
Marine 2
Marine 3
Saffron
RAL 1017 Forest Green
RAL 6029
Green
RAL 6018
Fern Green
RAL 6025
Fuchsia
RAL 4006
Orange
RAL 2011
Beige
RAL 1015
Fern Green
RAL 6025
Brown
RAL 8024
Pale Green
RAL 6021
Red
RAL 3000
Brown
RAL 8024
Green
RAL 6018
Orange
RAL 2011
Yellow
RAL 1023
Mint Green
RAL 6019
Forest Green
RAL 6029
Green
RAL 6018
Beige
RAL 1015
Coral Green
RAL 6027
Beige
RAL 1015
Orange
RAL 2011
Forest Green
RAL 6029
Yellow
RAL 1023
Pastel Blue
RAL 5024
Mint Green
RAL 6019
Brown
RAL 8024
Green
RAL 6018
Fuchsia
RAL 4006
Sky Blue
RAL 5012
Coral Green
RAL 6027
Navy Blue
RAL 5003
Blue
RAL 5017
Sky Blue
RAL 5012
Saffron
RAL 1017
White
RAL 9003
Red
RAL 3000
Beige
RAL 1015
Brown
RAL 8024 Orange
RAL 2011
Coral Green
RAL 6027
Saffron
RAL 1017
Beige
RAL 1015
Pastel Blue
RAL 5024
Mint Green
RAL 6019
Green
RAL 6018
Sky Blue
RAL 5012
Coral Green
RAL 6027
Yellow
RAL 1023
Orange
RAL 2011
Navy Blue
RAL 5003
Blue
RAL 5017
Coral Green
RAL 6027
Mint Green
RAL 6019
Color Palettes
Green
RAL 6018
Choose one of the following Color Palettes by marking the corresponding circle:
○ APPROVED AS SHOWN IN RENDERS
○ APPROVED AS NOTED
BY DATE
COLOR PALETTE APPROVAL
1212
03 0033
01 Urban 1Urban 1
02 Urban 2Urban 2
Urban 3Urban 3
04 Urban 4Urban 4
05 Urban 5Urban 5
06 Urban 6Urban 6
Vortex Designer’s Choice
Custom Palette
01 Vibrant 1
04 Vibrant 4
05 Vibrant 5
06 Vibrant 6
02 Vibrant 2
Vibrant 3
Pastel Blue
RAL 5024
Sky Blue
RAL 5012
Orange
RAL 2011
Sparkle
RAL 90080
Coral Green
RAL 6027
Blue
RAL 5017
White
RAL 9003
Grey
RAL 7040
Orange
RAL 2011
Saffron
RAL 1017
Yellow
RAL 1023
Sky Blue
RAL 5012
Pastel Blue
RAL 5024
Green
RAL 6018
Orange
RAL 2011
Sparkle
RAL 90080
Yellow
RAL 1023
Yellow
RAL 1023
Green
RAL 6018
Coral Green
RAL 6027
Red
RAL 3000
Pale Green
RAL 6021
Mint Green
RAL 6019
Saffron
RAL 1017
Red
RAL 3000
Orange
RAL 2011
Green
RAL 6018
Fuchsia
RAL 4006
Sky Blue
RAL 5012
Orange
RAL 2011
Yellow
RAL 1023
White
RAL 9003
Red
RAL 3000
Yellow
RAL 1023
Blue
RAL 5017
Red
RAL 3000
White
RAL 9003
Navy Blue
RAL 5003
Sparkle
RAL 90080
Fuchsia
RAL 4006
Navy Blue
RAL 5003
Sky Blue
RAL 5012
Sparkle
RAL 90080
Orange
RAL 2011
Mint Green
RAL 6019
Beige
RAL 1015
Sparkle
RAL 90080
White
RAL 9003
Navy Blue
RAL 5003
Mint Green
RAL 6019
Saffron
RAL 1017
Indicate RAL colors here:
RAL colors used:
Color Palettes
03 03
Unless otherwise specified, Vortex designers
will decide on the application of colors from the
chosen color palette to create a harmonious look.
Fees will apply for custom colors.
vortex-intl.com
Vortex Aquatic Structures International
info@vortex-intl.com
1.877.586.7839 (USA & Canada)
+1.514.694.3868 (International)
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #2.C.
STAFF RE P ORT NO. 36
CIT Y COUNCIL MEET ING
3/12/2024
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
3/4/2024
O THE R D E PA RTM E NT RE V IE W:
C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager
3/6/2024
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 new Foundational Public Health Responsibilities (FP H R) agreement with
the City of Bloomington.
E X E C UT IV E S UM M ARY:
The purpose of this funding and contract is to support the implementation of Foundational Public Health
Responsibilities by community health boards (grantees). The Foundational Public Health Responsibilities are
the unique responsibilities of governmental public health that define a minimum package of public health
capabilities and programs that must be available in every community.
This funding must be used to fulfill foundational public health responsibilities as defined by the commissioner in
consultation with the State Community Health Service Advisory Committee.
The City Council accepted and approved the funding from the Minnesota Department of Health at the J anuary
23, 2024 City Council meeting.
RE C O M M E ND E D AC T I O N:
By motion: Approve the new Foundational Public Health Responsibilities agreement with the City of
Bloomington.
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
Governmental public health has a unique responsibility for protecting and promoting the health of the public.
W hile Minnesota’s nationally recognized state-local public health partnership has served Minnesotans well since
it was established in 1976, many state and local health officials have serious concerns about their ability to fulfill
that responsibility. A number of challenges have left us all at risk—increasing demands on decreasing resources,
the changing role of public health from providing direct services to broader population-based prevention
activities, new health threats, disparities in health status, decreasing budgets, and hiring challenges—to name a
few.
A group of local and state public health leaders developed a framework for what Minnesotans should expect from
their state and local public health partnership. This framework outlines a set of foundational public health
responsibilities that are grounded by a core value: where you live should not determine your level of public health
protection. The framework also recognizes that diseases and disasters do not distinguish geographic
boundaries. The framework is intentionally forward-looking and focused on what should be instead of what is.
The framework represents the work governmental public health must do, and the important work governmental
public health does, to meet the unique needs of communities across the state.
E xhibit A of the agreement outlines the scope of services B loomington P ublic Health will complete in partnership
with Richfield's C HS A dministrator.
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
Health equity is a foundational capability within the framework, ensuring a strong foundation that supports the
foundational areas consisting of communicable disease control, chronic disease and injury prevention,
environmental public health, maternal child and family health, and access to and linkage with clinical care.
C .P OL IC IE S (resolutions, ordinances, regulations, statutes, exc):
P ublic Health departments across Minnesota are mandated by Minnesota S tatue 145A to provide 6 areas of
public health responsibilities:
A ssure an adequate local public health infrastructure
P romote healthy communities and healthy behaviors
P revent the spread of communicable diseases
P rotect against environmental health hazards
P repare for and respond to emergencies
A ssure health services
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:
Richfield's allotment of F P HR funding is $220,548 for C Y2024. A nnual allotments are scheduled but unknown at
this time. Richfield's allotment will be used to pay for the services in the F P HR agreement.
F.L E GAL C ON S ID E R AT ION:
The C ity A ttorney has reviewed the agreement 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 could decide not to approve the agreement with the C ity of B loomington 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
F P HS agreement C over Memo
Agreement ID: 2024-43
1
FOUNDATIONAL PUBLIC HEALTH RESPONSIBILITES SERVICES AGREEMENT
BETWEEN THE MINNESOTA CITIES OF BLOOMINGTON AND RICHFIELD
THIS AGREEMENT is made by and between the CITY OF BLOOMINGTON,
MINNESOTA, a Minnesota municipal corporation located at 1800 West Old Shakopee Road,
Bloomington, Minnesota 55431-3027 acting through its Public Health Division, (Bloomington”),
and CITY OF RICHFIELD, MINNESOTA, a Minnesota municipal corporation located at 6700
Portland Avenue, Richfield, Minnesota 55423 (“Richfield”). Bloomington and Richfield are
herein referred to collectively as the “Parties.”
RECITALS
A. Bloomington warrants and represents that its Division of Public Health is a duly certified
public health department operating in accordance with all applicable federal and state
requirements.
B. Bloomington’s Division of Public Health provides Foundation Public Health Responsibilities
Services to ensure public health capabilities and programs are available (“FPHR Services”).
C. Richfield wishes to promote, support, and maintain the health of its residents by providing
FPHR Services to its residents, and desires to contract with Bloomington to provide such FPHR
Services, funding these duties via Minnesota Department of Health (“MDH”) grant dollars and
subject to the grant compliance timeliness provided by MDH.
D. In previous years, Bloomington has also contracted with the City of Edina, Minnesota
(“Edina”) to provide Services.
E. Bloomington, Edina, and Richfield desire to allocate the costs of the FPHR Services in
accordance with each city’s share of total services provided by Bloomington to all three cities,
as described in the Cost Allocation Strategy attached as Exhibit B.
F. The governing bodies of Bloomington and Richfield are authorized by Minn. Stat. §145A.04,
Subd. 5, and Minn Stat. §471.59, Subd. 10, to enter into agreements with each other for the
provision of local public health services by Bloomington to residents of Richfield.
G. Through this contractual arrangement the provision of local public health services will enable
Richfield to document progress toward the achievement of statewide outcomes, as stated in
Minn. Stat. §145A.04, Subd. 1a(2).
H. Bloomington is willing to provide such FPHR Services to residents of Richfield on the terms
and conditions set forth in this Agreement.
NOW, THEREFORE, based on the Recitals above and in consideration of the terms and
conditions expressed in this Agreement, City and Contractor agree as follows:
Agreement ID: 2024-43
2
AGREEMENT
1. Services to be Provided. Bloomington agrees to provide the residents of Richfield with
FPHR Services as described in the Scope of Services attached to this Agreement as
Exhibit A or any supplemental letter agreements, or both, entered into between
Bloomington and Richfield (the “Services”). The Services referenced in the attached
Exhibit A or any supplemental letter agreements shall be incorporated into this Agreement
by reference. All Services shall be provided in a manner consistent with the level of care
and skill ordinarily exercised by contractors currently providing similar services.
2. Time for Completion. This Agreement shall remain in force and effect commencing from
January 1, 2024 and continuing until June 30, 2025 unless terminated by either party or
amended pursuant to the Agreement.
3. Consideration. The consideration, which Richfield shall pay to Bloomington shall not
exceed $220,548.00, as set forth in Exhibit B and incorporated into this Agreement.
4. Approvals. Bloomington will secure Richfield's written approval before making any
expenditures, purchases, or commitments on Richfield's behalf beyond those listed in the
Services. Richfield's approval may be provided via electronic mail.
5. Termination. Notwithstanding any other provision hereof to the contrary, either party
may terminate this Agreement for any reason upon giving thirty (30) days’ written notice
to the other party. In the event of termination:
a. The quarterly payment next due shall be prorated and paid for only the period ended
on the date of termination, and Richfield shall say such reduced quarterly payment
for the period ended on the date of the termination, within fifteen (15) days after
receipt of Bloomington’s invoice.
b. The Parties may take whatever action at law or in equity that may appear necessary
or desirable to collect damages arising from a default or violation or to enforce
performance of this Agreement.
c. The provisions of this section will continue and survive termination of the
Agreement.
6. Amendments. Except as expressly permitted by this Agreement, no amendments may be
made to this Agreement except in writing signed by both parties.
7. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, subd. 5, the Parties agree
that the books, records, documents, and accounting procedures and practices of Richfield,
that are relevant to the contract or transaction, are subject to examination by the other party
and the state auditor or legislative auditor for a minimum of six years. Both Parties shall
maintain such records for a minimum of six years after final payment.
8. Indemnification.
Agreement ID: 2024-43
3
a. To the fullest extent permitted by law, Bloomington and its successors or assigns, agrees
to protect, defend, indemnify, save, and hold harmless Richfield, its officers, officials,
agents, volunteers, and employees from any and all claims; lawsuits; causes of actions
of any kind, nature, or character; damages; losses; or the costs, disbursements, and
expenses of defending the same, including but not limited to attorneys’ fees, professional
services, and other technical, administrative or professional assistance resulting from or
arising out of Bloomington’s (or its subcontractors, agents, volunteers, members, invitees,
representatives, or employees) performance of the duties required by or arising from this
Agreement, or caused in whole or in part by any negligent act or omission or willful
misconduct, or arising out of the failure to obtain or maintain the insurance required by
this Agreement.
b. To the fullest extent permitted by law, Richfield, and its successors or assigns, agrees
to protect, defend, indemnify, save, and hold harmless Bloomington, its officers,
officials, agents, volunteers and employees from any and all claims, lawsuits; causes
of actions of any kind, nature, or character; damages; losses; or the costs,
disbursements, and expenses of defending the same, including but not limited to
attorney’s fees, professional services, and other technical, administrative or
professional assistance resulting from or arising out of Richfield’s (or its
subcontractors, agents, volunteers, members, invitees, representatives, or employees)
performance of the duties required by or arising from this Agreement, or caused in
whole or in part by any negligent act or omission or willful misconduct, or arising out
of the failure to obtain or maintain the insurance required by this Agreement.
c. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or
limitation on liability to which the Parties are entitles. The Parties agree that these
indemnification obligations will survive the completion or termination of this
Agreement.
9. Insurance. To the extent allowed by law, the Parties agree to maintain the following
insurance coverages, in an amount equal to, or greater than, the minimum limits described
below, and upon request, to provide the other with a certificate of insurance evidencing
such coverages:
a. Commercial General Liability Insurance in the amount of at least $1,500,000 per
occurrence for bodily injury or death arising out of each occurrence, as well as
$1,500,000 per occurrence for property damage. In the alternative, each party m ay
maintain a general aggregate of at least $2,000,000. Each party agrees to name the other
party as an additional insured on its Commercial General Liability and to provide an
endorsement of such status. In addition, each party agrees to notify the other party thirty
(30) days prior to cancellation or a change in any of the aforementioned insurance
policies. All insurance must be provided at the respective party’s expense and at no
additional cost to the other party.
b. Bloomington agrees to maintain Workers’ Compensation Insurance as required by
Minnesota Statutes, Section 176.181.
Agreement ID: 2024-43
4
10. Assignment and Subcontracting. Neither Richfield nor Bloomington shall assign,
subcontract, or transfer any rights under or interest (including, but without limitation,
moneys that may become due or moneys that are due) in this Agreement, in whole or in
part, without the written consent of the other except to the extent that the effect of this
limitation may be restricted by law. Unless specifically stated to the contrary in an y written
consent to an assignment, no assignment will release or discharge the assignor from any
duty or responsibility under this Agreement. Nothing contained in this paragraph shall
prevent Bloomington from employing such independent consultants, associates, and
subcontractors, as it may deem appropriate to assist it in the performance of Services
required by this Agreement. Any instrument in violation of this paragraph is null and void.
11. Independent Contractor. Bloomington shall be deemed an independent contractor.
Bloomington's duties will be performed with the understanding that Bloomington has
special expertise as to the Services that Bloomington is to perform and is customarily
engaged in the independent performance of the same or similar services for others. All
required equipment and personnel shall be provided or contracted for by Bloomington. The
manner in which the Services are performed shall be controlled by Bloomington; however,
the nature of the Services and the results to be achieved shall be specified by Richfield.
The Parties agree that this is not a joint venture and the Parties are not co-partners.
Bloomington is not to be deemed an employee or agent of Richfield and has no authority
to make any binding commitments or obligations on behalf of Richfield except to the extent
expressly provided in this Agreement. All Services provided by Bloomington pursuant to
this Agreement shall be provided by Bloomington as an independent contractor and not as
an employee of Richfield for any purpose, including but not limited to: income tax
withholding, workers’ compensation, unemployment compensation, FICA taxes, liability
for torts and eligibility for employee benefits.
12. Compliance with Laws. The Parties shall exercise due care to comply with applicable
federal, state and local laws, rules, ordinances and regulations in effect as of the date
Bloomington agrees to provide the Services.
13. Entire Agreement. This Agreement, any attached exhibits and any addenda or
amendments signed by the parties shall constitute the entire agreement between Richfield
and Bloomington and supersedes any other written or oral agreements between Richfield
and Bloomington. This Agreement can only be modified in writing signed by Richfield
and Bloomington. If there is any conflict between the terms of this Agreement and
referenced or attached items, the terms of this Agreement shall prevail.
14. Third Party Rights. The Parties to this Agreement do not intend to confer on any third
party any rights under this Agreement.
15. Choice of Law and Venue. This Agreement shall be governed by and construed in
accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims
arising out of this Agreement shall be heard in the state or federal courts of Hennepin
County, Minnesota, and all parties to this Agreement waive any objection to the jurisdiction
Agreement ID: 2024-43
5
of these courts, whether based on convenience or otherwise. These obligations survive
termination of this Agreement.
16. Conflict of Interest. Contractor shall use reasonable care to avoid conflicts of interest and
appearances of impropriety in representation of Richfield. In the event of a conflict of
interest, Bloomington shall advise Richfield and either secure a waiver of the conflict or
advise Richfield that it will be unable to provide the Services.
17. Work Products and Ownership of Documents. All records, information, materials and
other work products, including, but not limited to the completed reports, drawings, plans,
and specifications prepared and developed in connection with the provision of Services
pursuant to this Agreement shall become the property of Richfield, but reproductions of
such records, information, materials and other work products in whole or in part may be
retained by Bloomington. Regardless of when such information was provided,
Bloomington agrees that it will not disclose for any purpose any information Bloomington
has obtained arising out of or related to this Agreement, except as authorized by Richfield
or as required by law. These obligations survive termination of this Agreement.
18. Agreement Not Exclusive. Bloomington retains the right to perform other FPHR Services
for other matters, in Bloomington's sole discretion.
19. Data Practices Act Compliance. Any and all data provided to Bloomington, received from
Bloomington, created, collected, received, stored, used, maintained, or disseminated by
Bloomington pursuant to this Agreement shall be administered in accordance with, and is
subject to the requirements of the Minnesota Government Data Practices Act, Minnesota
Statutes, Chapter 13, and any applicable nondisclosure agreements. The Parties agrees to
notify the other party within three (3) business days if it receives a data request from a third
party. This paragraph does not create a duty on the part of Bloomington to provide access to
public data to the public if the public data are available from Richfield, except as required by
the terms of this Agreement. These obligations survive termination of this Agreement.
20. No Discrimination. The Parties agree not to discriminate in providing products and services
under this Agreement on the basis of race, color, sex, creed, national origin, disability, age,
sexual orientation, status with regard to public assistance, or religion. Violation of any part
of this provision may lead to immediate termination of this Agreement. Richfield agrees to
comply with Americans with Disabilities Act, as amended (“ADA”), Section 504 of the
Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes,
Chapter 363A. Each Party agrees to hold harmless and indemnify the other party from
costs, including but not limited to damages, attorney’s fees and staff time, in any action or
proceeding brought alleging a violation of these laws by Richfield or its guests, invitees,
members, officers, officials, agents, employees, volunteers, representatives and
subcontractors. Upon request, the Parties shall provide accommodation to allow
individuals with disabilities to participate in all Services under this Agreement. The Parties
agree to utilize its own auxiliary aid or service in order to comply with ADA requirements
for effective communication with people with disabilities.
Agreement ID: 2024-43
6
21. Authorized Agents. Richfield’s authorized agent for purposes of administration of this
Agreement is Jennifer Anderson, the Health Administrator/Support Services Manager, or
designee. Bloomington’s authorized agent for purposes of administration of this
Agreement is Nick Kelley, Public Health Administrator, who shall perform or supervise
the performance of all Services.
22. Notices. Any notices permitted or required by this Agreement shall be deemed given when
personally delivered or upon deposit in the United States mail, postage fully prepaid,
certified, return receipt requested, addressed to:
Bloomington: City of Bloomington, 1800 West Old Shakopee Road, Bloomington, MN
55431;
Attn: Nicholas Kelley; nkelley@bloomingtonmn.gov; 952-563-4962.
Richfield: City of Richfield, 6700 Portland Avenue, Richfield, MN 55423,
Attn: Jennifer Anderson; jenniferanderson@richfieldmn.gov; 612-861-9881;
or such other contact information as either party may provide to the other by notice given
in accordance with this provision. A convenience copy may be provided electronically.
23. Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a
waiver of any other provisions or any other or further breach, and no such waiver shall be
effective unless made in writing and signed by an authorized representative of the party to be
charged with such a waiver.
24. Headings. The headings contained in this Agreement have been inserted for convenience of
reference only and shall in no way define, limit or affect the scope and intent of this
Agreement.
25. Mediation. Both parties agree to submit all claims, disputes and other matters in question
between the parties arising out of or relating to this Agreement to mediation at the Conflict
Resolution Center, 2101 Hennepin Avenue, Suite 100, Minneapolis, Minnesota 55405. In the
event mediation is unsuccessful, either party may exercise its legal or equitable rights.
26. Publicity. Bloomington and Richfield shall develop language to use when discussing the
Services. Bloomington agrees that any publicity regarding the Services or the subject matter
of this Agreement must not be released unless it complies with the approved language.
Bloomington cannot use Richfield’s logo or state that Richfield endorses its services without
Richfield’s advanced written approval. Publicity approvals may be provided electronically.
27. Severability. In the event that any provision of this Agreement shall be illegal or otherwise
unenforceable, such provision shall be severed, and the balance of the Agreement shall
continue in full force and effect.
Agreement ID: 2024-43
7
28. Signatory. Each person executing this Agreement (“Signatory”) represents and warrants that
he/she/they is duly authorized.
29. Counterparts and Electronic Communication. This Agreement may be executed in two
or more counterparts, each of which shall be deemed an original, but all of which taken
together shall constitute one and the same instrument. This Agreement may be transmitted
by electronic mail in portable document format (“pdf”) and signatures appearing on electronic
mail instruments shall be treated as original signatures.
[Signature pages follow.]
Agreement ID: 2024-43
8
IN WITNESS WHEREOF, City and Contractor have caused this Services Agreement to
be executed by their duly authorized representatives on the respective dates indicated below.
CITY OF BLOOMINGTON, MINNESOTA
DATED: ___________________________ BY: ________________________________
James D. Verbrugge
Its: City Manager
Reviewed and approved by the City Attorney.
__________________________________
Melissa J. Manderschied
CITY OF RICHFIELD
DATED: ___________________________ BY: ________________________________
Its: _________________________
Agreement ID: 2024-43
9
EXHIBIT A TO FOUNDATIONAL PUBLIC HEALTH RESPONSIBILITES SERVICES
AGREEMENT BETWEEN THE MINNESOTA CITIES OF BLOOMINGTON AND
RICHFIELD
SCOPE OF SERVICES
The purpose of this funding is to support the implementation of Foundational Public Health
Responsibilities by community health boards (grantees). The Foundational Public Health
Responsibilities are the unique responsibilities of governmental public health that define a
minimum package of public health capabilities and programs that must be available in every
community.
This funding must be used to fulfill foundational public health responsibilities as defined by the
commissioner in consultation with the State Community Health Service Advisory Committee.
Based on the recommendation of SCHSAC, Grantees cannot use these funds for non-FPHR
activities at this time.
More details on the Foundational Public Health Responsibilities and examples of the work
supported by these funds can be found on the MDH website: Funding for Foundational Public
Health Responsibilities.
Duties:
1. Bloomington and Richfield shall complete, and update as necessary, proposed
activities and a workplan for MDH approval in REDCap. This workplan will assure compliance
with funding requirements and make connections with other grantees. Any changes made to the
original proposal must reviewed and approved by MDH.
2. Bloomington and Richfield shall complete a proposed budget in REDCap by the date
provided to them by MDH. Any revisions made to the original budget must be made in REDCap
and reviewed by MDH.
3. Bloomington and Richfield shall implement activities to carry out foundational public
health responsibilities in accordance with the definitions outlined on the Funding for
Foundational Public Health Responsibilities website and Foundational Public Health
Responsibilities Grant Expenditure Guide.
4. Bloomington and Richfield shall provide requested financial and programmatic
reporting information by the dates provided to them by MDH to meet funding reporting and
monitoring requirements.
Agreement ID: 2024-43
10
EXHIBIT B TO FOUNDATIONAL PUBLIC HEALTH RESPONSIBILITES SERVICES
AGREEMENT BETWEEN
THE MINNESOTA CITIES OF BLOOMINGTON AND RICHFIELD
TERMS OF PAYMENT
A. The Parties agree to allocate the costs of the Services in accordance with each city’s share
of the total services provided by Bloomington to all three cities (Bloomington, Edina, and
Richfield) as identified below.
B. During the term of this Agreement, Richfield shall pay Bloomington the total not-to-
exceed amount of $220,548.00 for Foundational Public Health Services.
Share of Total Cost
Allocation Method Bloomington Edina Richfield
Costs shared equally with an
adjustment for social
vulnerability index of each city
36% 28% 36%
C. Bloomington will provide quarterly itemized invoices to Richfield on the following dates:
Invoice Dates:
April 15, 2024
July 15, 2024
October 15, 2024
January 15, 2025
April 15, 2025
July 15, 2025
D. Richfield shall make payment to Bloomington within 30 days of receipt of
Bloomington’s invoice.
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #2.D.
STAFF RE P ORT NO. 37
CIT Y COUNCIL MEET ING
3/12/2024
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
3/4/2024
O THE R D E PA RTM E NT RE V IE W:
C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager
3/6/2024
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 Response Sustainability agreement with the City of Bloomington.
E X E C UT IV E S UM M ARY:
These new funds are specifically appropriated for public health emergency preparedness and response work.
The purpose of this funding and agreement is to support a robust response to emergencies through planning,
training, exercises, and response at the local level. Grant activities will align with the approved areas of focus
that include workforce capacity, sustainability, health equity and communication.
T he City Council approved the new funding from MDH at the January 9, 2024 City Council meeting.
RE C O M M E ND E D AC T I O N:
By motion: Approve the Response Sustainability agreement with the City of Bloomington.
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
P ublic health departments receive annual P ublic Health E mergency P reparedness/C ities Readiness Initiative
funding (P HE P /C RI) funding that enhances preparedness in the nation’s largest population centers, where
nearly 60% of the population resides. The program prepares jurisdictions to effectively respond to large public
health emergencies with life-saving medicines and medical supplies.
S tate and large metropolitan public health departments use C RI funding to develop, test, and maintain
emergency response plans. These plans detail how health departments will quickly receive medical
countermeasures from the S trategic National S tockpile (S NS ) and distribute them to local communities.
The Response S ustainability agreement will specifically address the four focus areas mentioned in the
E xecutive S ummary; workforce capacity, sustainability, health equity, and communication.
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
Response S ustainability funding specifically calls out health equity and the need to ensure preparedness plans
and activities address health equity gaps and populations, including finding new equity partners to bring into the
work.
C .P OL IC IE S (resolutions, ordinances, regulations, statutes, exc):
P ublic Health departments across Minnesota are mandated by Minnesota S tatute 145A to provide 6 areas of
public health responsibilities;
A ssure an adequate local public health infrastructure
P romote healthy communities and healthy behaviors
P revent the spread of communicable disease
P rotect against environmental health hazards
P repare for and respond to emergencies
A ssure health services
D .C R IT IC AL T IMIN G IS S U E S:
None
E .F IN AN C IAL IMPAC T:
Richfield's allotment of Response S ustainability funds is $103,689.14 for work between D ecember 1, 2023 -
June 30, 2024. Richfield will use this full funding to pay for Response S ustainability agreement services with the
C ity of B loomington.
F.L E GAL C ON S ID E R AT ION:
The C ity A ttorney has reviewed the agreement 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 could decide not to approve the agreement 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
RS agreement C over Memo
Agreement ID: 2024-83
1
PUBLIC HEALTH RESPONSE SUSTAINABILITY SERVICES AGREEMENT
BETWEEN THE MINNESOTA CITIES OF BLOOMINGTON AND RICHFIELD
THIS AGREEMENT is made by and between the CITY OF BLOOMINGTON,
MINNESOTA, a Minnesota municipal corporation located at 1800 West Old Shakopee Road,
Bloomington, Minnesota 55431-3027 acting through its Public Health Division, (Bloomington”),
and CITY OF RICHFIELD, MINNESOTA, a Minnesota municipal corporation located at 6700
Portland Avenue, Richfield, Minnesota 55423 (“Richfield”). Bloomington and Richfield are
herein referred to collectively as the “Parties.”
RECITALS
A. Bloomington warrants and represents that its Division of Public Health is a duly certified
public health department operating in accordance with all applicable federal and state
requirements.
B. Bloomington’s Division of Public Health provides a robust response to Public Health
emergencies through planning, trainings, exercises, and response at the local level
(“Response Sustainability”).
C. Richfield wishes to promote, support, and maintain the health of its residents by providing
Response Sustainability Services and desires to contract with Bloomington to provide such
Response Sustainability Services using Minnesota Department of Health ("MDH") grant
dollars, subject to the grant compliance timelines provided by MDH.
D. In previous years, Bloomington has also contracted with the City of Edina, Minnesota
(“Edina”) to provide Services.
E. Bloomington, Edina, and Richfield desire to allocate the costs of the Response
Sustainability Services in accordance with each city’s share of total services provided by
Bloomington to all three cities as described in the Cost Allocation Strategy attached in
Exhibit B.
F. The governing bodies of Bloomington and Richfield are authorized by Minn. Stat.
§145A.04, Subd. 5, and Minn Stat. §471.59, Subd. 10, to enter into agreements with each
other for the provision of local public health services by Bloomington to residents of
Richfield.
G. Through this contractual agreement the provision of local public health services will enable
Richfield to document progress toward the achievement of statewide outcomes, as stated
Minn. Stat. §145A.04, Subd. 1a(2).
H. Bloomington is willing to provide such Response Sustainability Services to residents of
Richfield on the terms and conditions set forth in this Agreement.
Agreement ID: 2024-83
2
NOW, THEREFORE, based on the Recitals above and in consideration of the terms and
conditions expressed in this Agreement, City and Contractor agree as follows:
AGREEMENT
1. Services to be Provided. Bloomington agrees to provide the residents of Richfield with
Response Sustainability Services as described in the Scope of Services attached to this
Agreement as Exhibit A or any supplemental letter agreements, or both, entered into
between Bloomington and Richfield (the “Services”). The Services referenced in the
attached Exhibit A or any supplemental letter agreements shall be incorporated into this
Agreement by reference. All Services shall be provided in a manner consistent with the
level of care and skill ordinarily exercised by contractors currently providing similar
services.
2. Time for Completion. This Agreement shall remain in force and effect commencing from
January 1, 2024 and continuing until June 30, 2025 unless terminated by either party or
amended pursuant to the Agreement.
3. Consideration. The consideration, which Richfield shall pay to Bloomington, shall not
exceed $103,689.00, as set forth in Exhibit B and incorporated into this Agreement.
4. Approvals. Bloomington will secure Richfield's written approval before making any
expenditures, purchases, or commitments on Richfield's behalf beyond those listed in the
Services. Richfield's approval may be provided via electronic mail.
5. Termination. Notwithstanding any other provision hereof to the contrary, either party
may terminate this Agreement for any reason upon giving thirty (30) days’ written notice
to the other party. In the event of termination:
a. The quarterly payment next due shall be prorated and paid for only the period ended
on the date of termination, and Richfield shall say such reduced quarterly payment
for the period ended on the date of the termination, within fifteen (15) days after
receipt of Bloomington’s invoice.
b. The Parties may take whatever action at law or in equity that may appear necessary
or desirable to collect damages arising from a default or violation or to enforce
performance of this Agreement.
c. The provisions of this section will continue and survive termination of the
Agreement.
6. Amendments. Except as expressly permitted by this Agreement, no amendments may be
made to this Agreement except in writing signed by both parties.
7. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, subd. 5, the Parties agree
that the books, records, documents, and accounting procedures and practices of Richfield,
that are relevant to the contract or transaction, are subject to examination by the other party
Agreement ID: 2024-83
3
and the state auditor or legislative auditor for a minimum of six years. Both Parties shall
maintain such records for a minimum of six years after final payment.
8. Indemnification.
a. To the fullest extent permitted by law, Bloomington and its successors or assigns, agree
to protect, defend, indemnify, save, and hold harmless Richfield, its officers, officials,
agents, volunteers, and employees from any and all claims; lawsuits; causes of actions
of any kind, nature, or character; damages; losses; or the costs, disbursements, and
expenses of defending the same, including but not limited to attorneys’ fees, professional
services, and other technical, administrative or professional assistance resulting from or
arising out of Bloomington’s (or its subcontractors, agents, volunteers, members, invitees,
representatives, or employees) performance of the duties required by or arising from this
Agreement, or caused in whole or in part by any negligent act or omission or willful
misconduct, or arising out of the failure to obtain or maintain the insurance required by
this Agreement.
b. To the fullest extent permitted by law, Richfield, and its successors or assigns, agrees
to protect, defend, indemnify, save, and hold harmless Bloomington, its officers,
officials, agents, volunteers and employees from any and all claims, lawsuits; causes
of actions of any kind, nature, or character; damages; losses; or the costs,
disbursements, and expenses of defending the same, including but not limited to
attorney’s fees, professional services, and other technical, administrative or
professional assistance resulting from or arising out of Richfield’s (or its
subcontractors, agents, volunteers, members, invitees, representatives, or employees)
performance of the duties required by or arising from this Agreement, or caused in
whole or in part by any negligent act or omission or willful misconduct, or arising out
of the failure to obtain or maintain the insurance required by this Agreement.
c. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or
limitation on liability to which the Parties are entitles. The Parties agree that these
indemnification obligations will survive the completion or termination of this
Agreement.
9. Insurance. To the extent allowed by law, the Parties agree to maintain the following
insurance coverages, in an amount equal to, or greater than, the minimum limits described
below, and upon request, to provide the other with a certificate of insurance evidencing
such coverages:
a. Commercial General Liability Insurance in the amount of at least $1,500,000 per
occurrence for bodily injury or death arising out of each occurrence, as well as
$1,500,000 per occurrence for property damage. In the alternative, each party may
maintain a general aggregate of at least $2,000,000. Each party agrees to name the other
party as an additional insured on its Commercial General Liability and to provide an
endorsement of such status. In addition, each party agrees to notify the other party thirty
(30) days prior to cancellation or a chan ge in any of the aforementioned insurance
policies. All insurance must be provided at the respective party’s expense and at no
additional cost to the other party.
Agreement ID: 2024-83
4
b. Bloomington agrees to maintain Workers’ Compensation Insurance as required by
Minnesota Statutes, Section 176,181.
10. Assignment and Subcontracting. Neither Richfield nor Bloomington shall assign,
subcontract, or transfer any rights under or interest (including, but without limitation,
moneys that may become due or moneys that are due) in this Agreement, in whole or in
part, without the written consent of the other except to the extent that the effect of this
limitation may be restricted by law. Unless specifically stated to the contrary in any written
consent to an assignment, no assignment will release or discharge the assignor from any
duty or responsibility under this Agreement. Nothing contained in this paragraph shall
prevent Bloomington from employing such independent consultants, associates, and
subcontractors, as it may deem appropriate to assist it in the performance of Services
required by this Agreement. Any instrument in violation of this paragraph is null and void.
11. Independent Contractor. Bloomington shall be deemed an independent contractor.
Bloomington's duties will be performed with the understanding that Bloomington has
special expertise as to the Services that Bloomington is to perform and is customarily
engaged in the independent performance of the same or similar services for others. All
required equipment and personnel shall be provided or contracted for by Bloomington. The
manner in which the Services are performed shall be controlled by Bloomington; however,
the nature of the Services and the results to be achieved shall be specified by Richfield.
The Parties agree that this is not a joint venture and the Parties are not co-partners.
Bloomington is not to be deemed an employee or agent of Richfield and has no authority
to make any binding commitments or obligations on behalf of Richfield except to the extent
expressly provided in this Agreement. All Services provided by Bloomington pursuant to
this Agreement shall be provided by Bloomington as an independent contractor and not as
an employee of Richfield for any purpose, including but not limited to: income tax
withholding, workers’ compensation, unemployment compensation, FICA taxes, liability
for torts and eligibility for employee benefits.
12. Compliance with Laws. The Parties shall exercise due care to comply with applicable
federal, state and local laws, rules, ordinances and regulations in effect as of the date
Bloomington agrees to provide the Services.
13. Entire Agreement. This Agreement, any attached exhibits and any addenda or
amendments signed by the parties shall constitute the entire agreement between Richfield
and Bloomington and supersedes any other written or oral agreements between Richfield
and Bloomington. This Agreement can only be modified in writing signed by Richfield
and Bloomington. If there is any conflict between the terms of this Agreement and
referenced or attached items, the terms of this Agreement shall prevail.
14. Third Party Rights. The Parties to this Agreement do not intend to confer on any third
party any rights under this Agreement.
Agreement ID: 2024-83
5
15. Choice of Law and Venue. This Agreement shall be governed by and construed in
accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims
arising out of this Agreement shall be heard in the state or federal courts of Hennepin
County, Minnesota, and all parties to this Agreement waive any objection to the jurisdiction
of these courts, whether based on convenience or otherwise. These obligations survive
termination of this Agreement.
16. Conflict of Interest. Contractor shall use reasonable care to avoid conflicts of interest and
appearances of impropriety in representation of Richfield. In the event of a conflict of
interest, Bloomington shall advise Richfield and either secure a waiver of the conflict or
advise Richfield that it will be unable to provide the Services.
17. Work Products and Ownership of Documents. All records, information, materials and
other work products, including, but not limited to the completed reports, drawings, plans,
and specifications prepared and developed in connection with the provision of Services
pursuant to this Agreement shall become the property of Richfield, but reproductions of
such records, information, materials and other work products in whole or in part may be
retained by Bloomington. Regardless of when such information was provided,
Bloomington agrees that it will not disclose for any purpose any information Bloomington
has obtained arising out of or related to this Agreement, except as authorized by Richfield
or as required by law. These obligations survive termination of this Agreement.
18. Agreement Not Exclusive. Bloomington retains the right to perform other Response
Sustainability Services for other matters, in Bloomington's sole discretion.
19. Data Practices Act Compliance. Any and all data provided to Bloomington, received from
Bloomington, created, collected, received, stored, used, maintained, or disseminated by
Bloomington pursuant to this Agreement shall be administered in accordance with, and is
subject to the requirements of the Minnesota Government Data Practices Act, Minnesota
Statutes, Chapter 13, and any applicable nondisclosure agreements. The Parties agrees to
notify the other party within three (3) business days if it receives a data request from a third
party. This paragraph does not create a duty on the part of Bloomington to provide access to
public data to the public if the public data are available from Richfield, except as required by
the terms of this Agreement. These obligations survive termination of this Agreement.
20. No Discrimination. The Parties agree not to discriminate in providing products and services
under this Agreement on the basis of race, color, sex, creed, national origin, disability, age,
sexual orientation, status with regard to public assistance, or religion. Violation of any part
of this provision may lead to immediate termination of this Agreement. Richfield agrees to
comply with Americans with Disabilities Act, as amended (“ADA”), Section 504 of the
Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes,
Chapter 363A. Each Party agrees to hold harmless and indemnify the other party from
costs, including but not limited to damages, attorney’s fees and staff time, in any action or
proceeding brought alleging a violation of these laws by Richfield or its guests, invitees,
members, officers, officials, agents, employees, volunteers, representatives and
Agreement ID: 2024-83
6
subcontractors. Upon request, the Parties shall provide accommodation to allow
individuals with disabilities to participate in all Services under this Agreement. The Parties
agree to utilize its own auxiliary aid or service in order to comply with ADA requirements
for effective communication with people with disabilities.
21. Authorized Agents. Richfield’s authorized agent for purposes of administration of this
Agreement is Jennifer Anderson, the Health Administrator/Support Services Manager, or
designee. Bloomington’s authorized agent for purposes of administration of this
Agreement is Nick Kelley, Public Health Administrator, who shall perform or supervise
the performance of all Services.
22. Notices. Any notices permitted or required by this Agreement shall be deemed given when
personally delivered or upon deposit in the United States mail, postage fully prepaid,
certified, return receipt requested, addressed to:
Bloomington: City of Bloomington, 1800 West Old Shakopee Road, Bloomington, MN
55431; Attn: Nicholas Kelley; nkelley@bloomingtonmn.gov; 952-563-4962.
Richfield: City of Richfield, 6700 Portland Avenue, Richfield, MN 55423,
Attn: Jennifer Anderson; jenniferanderson@richfieldmn.gov; 612-861-9881;
or such other contact information as either party may provide to the other by notice given
in accordance with this provision. A convenience copy may be provided electronically.
23. Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a
waiver of any other provisions or any other or further breach, and no such waiver shall be
effective unless made in writing and signed by an authorized representative of the party to be
charged with such a waiver.
24. Headings. The headings contained in this Agreement have been inserted for convenience of
reference only and shall in no way define, limit or affect the scope and intent of this
Agreement.
25. Mediation. Both parties agree to submit all claims, disputes and other matters in question
between the parties arising out of or relating to this Agreement to mediation at the Conflict
Resolution Center, 2101 Hennepin Avenue, Suite 100, Minneapolis, Minnesota 55405. In the
event mediation is unsuccessful, either party may exercise its legal or equitable rights.
26. Publicity. Bloomington and Richfield shall develop language to use when discussing the
Services. Bloomington agrees that any publicity regarding the Services or the subject matter
of this Agreement must not be released unless it complies with the approved language.
Bloomington cannot use Richfield’s logo or state that Richfield endorses its services without
Richfield’s advanced written approval. Publicity approvals may be provided electronically.
Agreement ID: 2024-83
7
27. Severability. In the event that any provision of this Agreement shall be illegal or otherwise
unenforceable, such provision shall be severed, and the balance of the Agreement shall
continue in full force and effect.
28. Signatory. Each person executing this Agreement (“Signatory”) represents and warrants that
he/she/they is duly authorized.
29. Counterparts and Electronic Communication. This Agreement may be executed in two
or more counterparts, each of which shall be deemed an original, but all of which taken
together shall constitute one and the same instrument. This Agreement may be transmitted
by electronic mail in portable document format (“pdf”) and signatures appearing on electronic
mail instruments shall be treated as original signatures.
30. Recitals. Bloomington and Richfield agree that the Recitals are true and correct and are fully
incorporated into this Agreement.
[Signature pages follow.]
Agreement ID: 2024-83
8
IN WITNESS WHEREOF, City and Contractor have caused this Services Agreement to
be executed by their duly authorized representatives on the respective dates indicated below.
CITY OF BLOOMINGTON, MINNESOTA
DATED: ___________________________ BY: ________________________________
James D. Verbrugge
Its: City Manager
Reviewed and approved by the City Attorney.
__________________________________
Melissa J. Manderschied
CITY OF RICHFIELD
DATED: ___________________________ BY: ________________________________
Its: _________________________
Agreement ID: 2024-83
9
EXHIBIT A TO PUBLIC HEALTH RESPONSE SUSTAINABILITY SERVICES
AGREEMENT BETWEEN THE MINNESOTA CITIES OF BLOOMINGTON AND
RICHFIELD
SCOPE OF SERVICES
The purpose of this funding is to support a robust response to emergencies through planning,
training, exercises, and response at the local level. Grant activities will align with the approved
areas of focus:
Workforce Capacity. This could include, but is not limited to,
increasing staff capacity, expanding disciplines working in
preparedness, workforce training on response roles and use of the
Incident Command System, staff-focused Mental and Behavioral
Health, and staff training related to community
engagement/community organizing.
Sustainability. This could include, but is not limited to, developing
MOUs, MOAs, or Mutual Aid; reviewing, updating, or developing
policies and plans, developing policies for regularly updating contact
lists, expanding use of technology platforms to support public health
emergency preparedness, response, and recovery, relationship
development with community partners, community engagement, and
engaging new Mental and Behavioral Health Partners.
Health Equity. This could include, but is not limited to, assessment
of preparedness health equity planning, developing a Health Equity
Action Plan, health equity related trainings for staff, and including
health equity in preparedness, response, and recovery plans and
engaging new partners.
Communication. This could include, but is not limited to, plans
addressing risk communication and social media, communication
pathways and other communication strategies; training and
conducting exercises for managing misinformation and the Public
Information Officer role and responsibilities, and community
engagement.
2. Bloomington shall complete, and update as necessary, a detailed workplan including
planned activities for MDH approval. Any changes made to the original proposal
must be reviewed and approved by MDH.
3. Bloomington shall complete a proposed budget by the date provided by MDH. Any
revisions to the original budget must be reviewed and approved by MDH.
4. Bloomington shall provide requested financial and programmatic reporting
information by the dates provided by MDH.
Agreement ID: 2024-83
10
EXHIBIT B TO PUBLIC HEALTH RESPONSE SUSTAINABILITY SERVICES
AGREEMENT BETWEEN
THE MINNESOTA CITIES OF BLOOMINGTON AND RICHFIELD
TERMS OF PAYMENT
A. The Parties agree to allocate the costs of the Services in accordance with each city’s share
of the total services provided by Bloomington to all three cities (Bloomington, Edina, and
Richfield) as identified below.
During the term of this Agreement, Richfield shall pay Bloomington the total not-to-
exceed amount of $103,689 for Response Sustainability Services.
Share of total cost
Allocation Method Bloomington Edina Richfield
Costs shared equally with an
adjustment for social
vulnerability index of each city
38% 31% 31%
B. Bloomington will provide quarterly itemized invoices to Richfield on the following:
Invoice Dates:
April 15, 2024
July 15, 2024
October 15, 2024
January 15, 2024
April 15, 2025
July 15, 2024
C. Richfield shall make payment to Bloomington within 30 days of receipt of
Bloomington’s invoice.
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #2.E.
STAFF RE P ORT NO. 38
CIT Y COUNCIL MEET ING
3/12/2024
RE P O RT P RE PA RE D B Y:Matt Hardegger, Transportation E ngineer
D E PA RTME NT D IRE C TO R RE V IE W:K ristin A sher, P ublic Works D irector
3/5/2024
O THE R D E PA RTM E NT RE V IE W:
C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager
3/6/2024
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 to accept a Safe Routes to School Design Assistance grant from the
Minnesota Department of Transportation.
E X E C UT IV E S UM M ARY:
I n J anuary 2024, Public W orks applied for a Safe Routes to School Design Assistance grant through the
Minnesota Department of Transportation. This grant will not provide any direct financing to the city, however,
the city will receive community engagement support, preliminary design engineering, and cost estimating
services from a consultant selected by the state. This consultant will provide a final report evaluating up to 3
alternatives at up to 4 locations. The schools that have been selected in coordination with Richfield Public
Schools are Richfield High School, Richfield Middle School, and Sheridan Hills Elementary.
RE C O M M E ND E D AC T I O N:
By Motion: Adopt a resolution to accept a Safe Routes to School Design Assistance grant from the
Minnesota Department of Transportation.
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 and Richfield P ublic S chools have participated in a similar program in the past, completing a S afe
Routes to S chool E ngineering study at the S TE M and RD L S elementary school campus that was finalized in
A pril 2021.
That study identified 6 potential projects to implement around the school. S ince then, 2 projects have been fully
funded through a S afe Routes to S chool infrastructure grant for construction in 2024, and another 2 projects have
been demonstrated using temporary materials in the summer of 2023 and have been submitted for infrastructure
funding through MnD OT for 2025 construction.
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
Equity: A ll three schools identified for design assistance are 60-75% students of color with 78-87% of the
students eligible for free or reduced price lunch. S heridan Hills is surrounded by walk hazards, and the Middle
and High S chool have limited bussing options. P roviding safe infrastructure for students to travel to school helps
to remove a safety barrier that disproportionately affects lower-income and B IP O C residents. A safe route to
school helps remove some of the stress burden affecting students and parents from traditionally underserved
communities, potentially leading to positive educational outcomes such as arriving safely, alert, and on time to
school each day.
Strategic: P roviding infrastructure designed to make walking and bicycling to school safer and easier for
students creates city infrastructure that supports service needs and prioritizes climate resilience.
C .P OL IC IE S (resolutions, ordinances, regulations, statutes, exc):
Minnesota S tatutes, S ection 465.03 requires every acceptance of a grant or devise of real personal property on
terms prescribed by the donor be made by resolution by a two-thirds majority of the C ity C ouncil.
D .C R IT IC AL T IMIN G IS S U E S:
Official council acceptance of the grant award is required by MnD O T prior to commencing work on the project.
E .F IN AN C IAL IMPAC T:
There is no direct funding component of this grant. A ll activities provided by the grant award are paid for by the
Minnesota D epartment of Transportation and provided to the city at no cost. Any implementation of projects
identified in the final report would be at the city's cost, either via city funds or outside grant
funding.
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):
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
2024 D esign A ssistance Grant Award L etter E xhibit
S RTS D esign A ssistance Resolution Resolution L etter
Safe Routes to School Program
Office of Transit and Active Transportation
395 John Ireland Blvd
Saint Paul, MN 55155
Matt Hardegger
Transportation Engineer
City of Richfield
6700 Portland Ave S
Richfield, MN 55423
Dear Mr. Hardegger:
Congratulations! We are pleased to inform you that your Safe Routes to School design assistance grant
application for the City of Richfield was selected for funding through the Minnesota Department of
Transportation (MnDOT) recent SRTS solicitation.
Over the next month, please plan for these next steps:
• Respond as soon as possible with an email (to mitchell.kiecker@state.mn.us) either accepting or
declining this award.
• After accepting this award, expect an email from the state’s selected consultant, SRF Consulting Group.
This message will introduce you to our consultant team and allow us to schedule a kick-off meeting with
you and your community.
• The kick-off meeting is intended to be in-person within your community. You may coordinate with SRF
Consulting Group on which meeting format you would prefer (fully in-person or hybrid).
• SRF Consulting Group may follow up requesting materials such as your SRTS plan or other transportation
related data for this project.
If you have questions or concerns about these next steps, please feel free to contact me.
Sincerely,
Mitch Kiecker
Pedestrian and Bicycle Engineer
mitchell.kiecker@state.mn.us
RESOLUTION NO.
RESOLUTION AUTHORIZING THE CITY OF RICHFIELD
TO ACCEPT A SAFE ROUTES TO SCHOOL DESIGN
ASSISTANCE GRANT FROM THE MINNESOTA
DEPARTMENT OF TRANSPORTATION
WHEREAS, the City Council of the City of Richfield is the official governing body
of the City of Richfield, Minnesota; and
WHEREAS, the City of Richfield and Richfield Public Schools have collaborated
to apply for Safe Routes to School (SRTS) Design Assistance funding provided by the
Minnesota Department of Transportation (MnDOT); and
WHEREAS, Richfield High School, Richfield Middle School, and Sheridan Hills
Elementary School have been identified as the schools to evaluate for infrastructure
improvements; and
WHEREAS, 15 percent of Richfield High School students, 21 percent of Richfield
Middle School students, and 8 percent of Sheridan Hills Elementary students currently
walk or bike to school; and
WHEREAS, 75 percent of Richfield High School students, 73 percent of Richfield
Middle School students, and 60 percent of Sheridan Hills Elementary students are Black,
Indigenous, or People of Color; and
WHEREAS, improved pedestrian infrastructure will increase safety and improve
the experience of students traveling to and from these schools; and
WHEREAS, the City of Richfield invests in infrastructure to best serve today’s and
tomorrow’s residents, businesses and visitors; and
WHEREAS, the City of Richfield ensures that City services are accessible to
people of all races, ethnicities, incomes, and abilities; and
WHEREAS, the Minnesota Department of Transportation has awarded design
assistance services to the City of Richfield for up to 3 alternatives at up to 4 unique
locations; and
WHEREAS, the City Council has determined that it is in the City’s best interests
to accept these services to develop an engineering report detailing proposed projects to
implement in the future; and
WHEREAS, the final report can be used to aid the City in developing applications
for state and federal Safe Routes to School grant funding; and
WHEREAS, Minnesota Statutes, Section 465.03 requires every acceptance of a
grant or devise of real personal property on terms prescribed by the donor be made by
resolution by a two-thirds majority of the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, Minnesota that the Mayor and City Manager are hereby authorized and
directed to take any and all actions required to accept the grant services and materials
for and on behalf of the City.
Adopted by the City Council of the City of Richfield, Minnesota this 12th day of
March, 2024.
Mary Supple, Mayor
ATTEST:
Dustin Leslie, City Clerk
AGENDA SECTION:PUBLIC HEARINGS
AGENDA ITEM #4.
STAFF RE P ORT NO. 39
CIT Y COUNCIL MEET ING
3/12/2024
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
3/6/2024
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consider a Second reading, Public Hearing, and Summary Publication of an ordinance amending the
current City Charter based on the Charter Commission’s recommendations.
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
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 sent a letter
to the Richfield City Council transmitting the proposed amendments to the Richfield City Charter to the
Richfield City Council.
Council accepted the Commission’s recommendation and authorized publication of a notice of public hearing at
its meeting on February 13. The proposed amendments are being forwarded for consideration for adoption by
ordinance pursuant to Minnesota Statutes, Section 410.12, subdivision 7. T he Council approved the first
reading of the Ordinance amending the Charter at its meeting on February 28, 2024.
Tonight, we will be holding the required public hearing on the proposed ordinance amending the
Charter. If unanimously approved, this Ordinance will become effective ninety (90) days following its
passage and legal publication. Within 60 days after passage and publication of the ordinance, voters
may submit a petition with the City Clerk requesting a referendum on the ordinance. T he petition must
be signed by registered voters equal in number to at least 5 percent of the registered voters in the city
or 2,000, whichever is less.
If voters file a proper petition, the ordinance does not become effective until it is approved by the
voters. T he council may submit the ordinance at a general or special election that occurs within 60
days after filing of the petition, or it may reconsider its action in adopting the ordinance.
RE C O M M E ND E D AC T I O N:
Conduct and close the public hearing and by motion:
Approve a second reading of an ordinance ame nding the current City Charter based on
the Charte r Commission’s re comme ndations; and
Approve a re solution authorizing summary publication of said ordinance .
B AS IS O F RE C O M M E ND AT I O N:
A .H IS TOR IC AL C ON T E X T
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
Equity Considerations:
B y moving forward with the proposed changes to the city charter, the document will be more aligned with the city
values, including ensuring our city is a resilient, purposeful, and forward-thinking community where all are
connected and can thrive.
Strategic Considerations:
This is standard business.
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 explicit timing outlined in state statute for amending a C ity C harter by ordinance. Within one month of the
C harter C ommission transmitting their recommendation for proposed amendments to the Richfield C ity C harter,
the C ity must publish notice of a public hearing on the proposal. The C ouncil 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. F inally, within one month of that public hearing, the C ouncil must vote on the proposed ordinance. F or
the amendments to be accepted the changes must be approved by unanimous support of all members.
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
C ity C harter A mendments (RE D L INE 12-5-2023)Ordinance
C harter Ordinance 3-5-2024 Ordinance
Resolution authorizing summary publication of said
ordinance Resolution L etter
(Supp. No. 31)
Page 1 of 38
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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
Richfield, Minnesota, Code of Ordinances Created: 2021-11-10 11:35:45 [EST]
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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.
Created: 2021-11-10 11:35:45 [EST]
(Supp. No. 31)
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38 DOCSOPEN-RC145-17-771091.v15-1/3/23
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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38 DOCSOPEN-RC145-17-771091.v15-1/3/23
(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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1
BILL NO. _____
AN ORDINANCE ADOPTING COMPREHENSIVE AMENDMENTS TO THE
RICHFIELD CITY CHARTER
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Legislative Findings.
1. The City of Richfield (“City”) is governed by home rule charter adopted pursuant
to the Constitution of the State of Minnesota and Minnesota Statutes, chapter
410.
2. The City Charter of the City of Richfield, Minnesota (“Charter”) was originally
adopted on November 3, 1964, and has had several amendments since its
adoption.
3. The Richfield Charter Commission (“Commission”) determined it was
appropriate to review the entire Charter and prepare a comprehensive set of
proposed amendments to the Charter.
4. The Commission worked cooperatively with the City Council to develop and
review proposed amendments to the Charter.
5. The Commission held several meetings at which they reviewed proposed
amendments to the Charter and reached consensus on the proposed
amendments. The Commission also met with the City Council in several work
sessions to discuss the proposed amendments.
6. Minnesota Statutes, section 410.12, subdivision 7 allows the City Council to
amend the Charter by ordinance upon recommendation from the Commission.
Such an ordinance may only be adopted upon “an affirmative vote of all
members of the city council and is approved by the mayor”.
7. The Commission voted at its meeting on December 5, 2023, to forward the
proposed Charter amendments to the City Council with a recommendation that
they be adopted by ordinance.
8. At its meeting on February 13, 2024, the City Council accepted the
Commission’s recommendation to amend the Charter by ordinance and
authorized publication of a notice of public hearing to be held on March 12,
2024. The public hearing notice was published at least two weeks prior to the
public hearing.
2
9. The City Council held a first reading of the ordinance amending the Charter on
February 28, 2024, and conducted a second reading and a public hearing on
March 12, 2024 regarding the proposed Charter amendments.
10. The City Council finds and determines that it is in the best interest of the City
and its residents to adopt the proposed amendments.
Section 2. Upon recommendation of the Richfield Charter Commission, and
pursuant to the authority in Minnesota Statutes, section 410.12, subdivision 7, the City
Charter of the City of Richfield, Minnesota is hereby amended by deleting the stricken
materials and adding the underlined material as shown on the attached, which is
incorporated in and made part of this Ordinance.
Section 3. The City Clerk is authorized and directed to work with the City Attorney
to insert into the City Charter the appropriate references to the amended sections, correct
any typographical errors and make any other non-substantive corrections as may be
needed to place the charter into final form, and to keep and post on the City’s website an
official copy of the revised City Charter.
Section 4. This Ordinance will become effective after adoption and upon ninety
(90) days following its legal publication, except that if within sixty (60) days after
publication a petition requ esting a referendum on this Ordinance, signed by the number
of registered voters of the City required by Minnesota Statutes, section 410.12
subdivision 7 is filed with the City Clerk, this Ordinance will not be effective until
approved by a majority of the voters voting on the question of its adoption at a general
election or a special election called by the City Council for that purpose.
Section 5. On the effective date of this Ordinance, the City Clerk is authorized and
directed to file copies of the amendment with the Secretary of State of Minnesota, the
Hennepin County Recorder, and the City Clerk’s office together with the certificate
required by Minnesota Statutes, section 410.11.
Adopted this 12th day of March 2024, by a unanimous vote of the entire City Council for
the City of Richfield.
Mary B. Supple, Mayor
ATTEST:
Dustin Leslie, City Clerk
3
First reading: February 28, 2024
Second reading and adoption: March 12, 2024
Publication: ______________, 2024
Effective Date: ____________, 2024
1
DOCSOPEN-RC145-17-918172.v2-11/27/23
CITY OF RICHFIELD
RESOLUTION NO. 2024-_____
A RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE
ADOPTING COMPREHENSIVE AMENDMENTS TO THE CITY CHARTER
WHEREAS, the Richfield City Council adopted Bill No. ______ “An Ordinance
Adopting Comprehensive Amendments to the Richfield City Charter” (the “Ordinance) at
its meeting held on March 12, 2024; and
WHEREAS, the verbatim text of the Ordinance is cumbersome, and the expense
of publication of the complete text is not justified; and
WHEREAS, the following summary clearly informs the public of the intent and
effect of the Ordinance.
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield
that the following summary is hereby approved for official publication of the Ordinance:
SUMMARY PUBLICATION
BILL NO. _____
AN ORDINANCE ADOPTING COMPREHENSIVE AMENDMENTS TO THE
RICHFIELD CITY CHARTER
On March 12, 2024, the Richfield City Council adopted an Ordinance designated
as Bill No. _____, the title of which is stated above. This summary of the Ordinance is
published pursuant to Section 3.12 of the Richfield City Charter.
The Ordinance makes several amendments to the Richfield City Charter as
recommended by the Charter Commission. The 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.
This Ordinance will become effective until ninety (90) days following its passage
and legal publication, except that if within sixty (60) days after passage and publication
a petition requesting a referendum on this Ordinance, signed by the number of
registered voters of the City required by Minnesota Statutes, section 410.12 subdivision
7 is filed with the City Clerk, this Ordinance will not be effective until approved by a
2
DOCSOPEN-RC145-17-918172.v2-11/27/23
majority of the voters voting on the question of its adoption at a general election or a
special election called by the City Council for that purpose.
Copies of the Ordinance are available for public inspection in the City Clerk’s office
during normal business hours or upon request by calling 612 -861-9738.
BE IT FINALLY RESOLVED, that the City Clerk is hereby authorized and directed
to do each of the following:
1. Publish the approved summary once in the City’s official newspaper;
2. Place a copy of this Resolution, the full text of the Ordinance, and the affidavit of
publication of the summary in the City’s Ordinance book;
3. Make the full text of the Ordinance and charter amendments available for public
inspection in the office of the City Clerk during the City’s regular business hours;
4. Incorporate the amendments into the Richfield City Charter; and
5. Post the updated Richfield City Charter on the City’s website.
Adopted by the City Council of Richfield, Minnesota, this 12th day of March 2024.
___________________
Mary B. Supple, Mayor
Attest:
____________________
Dustin Leslie
City Clerk
AGENDA SECTION:OTHER BUSINESS
AGENDA ITEM #5.
STAFF RE P ORT NO. 40
CIT Y COUNCIL MEET ING
3/12/2024
RE P O RT P RE PA RE D B Y:K elly Wynn, A dministrative A ssistant
D E PA RTME NT D IRE C TO R RE V IE W:
O THE R D E PA RTM E NT RE V IE W:
C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager
3/6/2024
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consider appointment to fill a vacancy on the Transportation Commission.
E X E C UT IV E S UM M ARY:
Terms of several City advisory board and commission members expired on J anuary 31, 2024. Terms for
advisory board and commissions are for three years.
The City Council directs the City Manager ’s office to conduct an annual recruitment seeking applicants to fill
the vacancies. This recruitment includes a press release and information on the City’s website and social
media platforms. Applicants were interviewed at a work session held on November 11, 2023.
The Transportation Commission had an unexpected resignation after all the positions were filled. I n the
recruitment process, three applicants were designated as alternates as there were not enough open positions.
An email was sent to all alternates with only one replying with interest to join the Transportation Commission.
This applicant was then reviewed by City Council.
RE C O M M E ND E D AC T I O N:
By motion: Approve appointment of Stacey Fuentes as Transportation Commissioner commencing on
March 13, 2024 and expiring January 31, 2026.
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
This information is contained in the E xecutive S ummary.
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):
C ity advisory board and commissions were established by C ity ordinance or resolution.
D .C R IT IC AL T IMIN G IS S U E S:
It is advisable to appoint a replacement to ensure quorum at meetings.
E .F IN AN C IAL IMPAC T:
None
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):
None
P R IN C IPAL PAR T IE S E X P E C T E D AT ME E T IN G: