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03-26-2024 City Council AgendaREGULAR CITY COUNCIL MEETING RICHFIELD MUNICIPAL CENTER, COUNCIL CHAMBERS MARCH 26, 2024 7:00 PM INTRODUCTORY PROCEEDINGS Call to order Pledge of Allegiance Open forum Call into the open forum by dialing 1-415-655-0001 Use webinar access code: 2632 284 5658 and password: 1234. Please refer to the Council Agenda & Minutes web page for additional ways to submit comments. Approval of the Minutes of the (1) City Council Work Session of March 12, 2024; and (2) City Council Meeting of March 12, 2024 AGENDA APPROVAL 1.Approval of the Agenda PRESENTATIONS 2.Richfield City Council Presentation/Q&A from Hennepin County District Court 3.Proclamation Celebrating Women's History Month 4.Consent Calendar contains several separate items, which are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action on these items is necessary. However, any Council Member may request that an item be removed from the Consent Calendar and placed on the regular agenda for Council discussion and action. All items listed on the Consent Calendar are recommended for approval. A.Consider the first reading of an ordinance amending Subsection 210.01 of the City Code related to City Council salaries for 2025 and 2026. Staff Report No. 41 B.Consider a resolution authorizing staff to submit an application for a Hennepin County Youth Play Spaces Grant for the replacement of play equipment at Donaldson Park and authorize staff to execute a grant agreement, if awarded. Staff Report No. 42 C.Consider adoption of a resolution authorizing staff to submit a Hennepin County Youth Activities Play Spaces grant application for $100,000 to fund inclusion of a playground/play feature at the future Pillsbury P laza community space. S taff Report No. 43 D .A uthorize the Mayor and C ity Manager to sign a letter of commitment and related participation in a grant application to the United S tates E nvironmental P rotection A gency (US E PA ) for a Twin C ities C ommercial E nergy E fficiency P rogram. S taff Report No. 45 5.C onsideration of items, if any, removed from C onsent C alendar P U B LIC H E AR IN G S 6.P ublic hearing to approve host designation for the C ity of L andfall Village to issue senior housing and healthcare revenue bonds to finance acquisition of The P ines senior housing development. S taff Report No. 44 C IT Y MAN AG E R’S R E P O R T 7.C ity Manager's Report C LAIMS AN D PAYR O L LS 8.C laims and P ayroll C O U N C IL D ISC U SSIO N 9.Hats Off to Hometown Hits 10.A djournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the City Clerk at 612-861-9739. CITY COUNCIL MEETING MINUTES Richfield, Minnesota City Council Work Session March 12, 2024 CALL TO ORDER Mayor Supple called the work session to order at 6:15 p.m. in the Bartholomew Room. Council Members Present: Mary Supple, Mayor; Simon Trautmann, Sharon Christensen; Sean Hayford Oleary; and Ben Whalen Staff Present: Katie Rodriguez, City Manager; Dustin Leslie, City Clerk; Karl Huemiller, Recreation Services Director; Joe Powers, City Engineer; Kristin Asher, Public Works Director; and Chris Swanson, Management Analyst ITEM #1 CONCEPT PLAN FOR A PLAZA “PILLSBURY PLAZA” LOCATED AT 65TH STREET AND PILLSBURY AVENUE Director Asher gave the presentation to Council and spoke about Jack Broz’s background and time as a Civil Engineer. In her presentation, she covered the project’s background, scope, concepts, cost estimate, and funding sources. Council Member Hayford Oleary stated he was excited about the overall concept and looked like a good use of space. He asked where the $200,000 portion of the budget would come from. Director Asher stated it would come from the Public Works budget. City Engineer Powers further stated that they would try to work it into regular parts of the public works project schedule. Council Member Hayford Oleary stated that while this project looked good, he was concerned that there were issues with other parks that still needed to get fixed. He further stated that he would like more information on how much the family would be able to raise. Council Member Trautmann spoke about his relationship with Jack Broz and how Broz advocated for Richfield. He stated that this would be an important project for the city and wanted staff to look at connecting it with other landmarks. Council Member Whalen stated it would definitely be worth doing this project and said the city could do even more. He further spoke about Broz’s passion for public engag ement and asked if there was a plan to get input from neighbors. Director Asher stated they would look at engaging with the neighborhood. Council Member Christensen stated she did not know Broz but trusted the vision from city staff. She said she agreed with engaging the neighbors on the project. City Council Work Session Minutes -2- March 12, 2024 Mayor Supple asked if there could be more added to the project if more money was raised. Asher stated funds would be raised before planning the build. Powers spoke about being able to modify the project if needed after it was built. Council Member Trautman asked if it would be worth looking at timing the build with the potential redevelopment of The Hub. City Manager Rodriguez stated it would be tough to tell when that happens. Council Member Hayford Oleary and Director Huemiller spoke about the donation process from the family to the city. Council Member Whalen and Chris Broz spoke about the family’s intent to fundraise for the project. ADJOURNMENT Mayor Supple adjourned the work session at 6:48 pm. Date Approved: March 12, 2024 Mary B. Supple Mayor Dustin Leslie Katie Rodriguez City Clerk 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: Staff Present: Mary Supple, Mayor; Sharon Christensen; Simon Trautmann; Sean Hayford Oleary; and Ben Whalen Katie Rodriguez, City Manager; Mary Tietjen, City Attorney; Jennifer Anderson, Support Services Manager; Karl Huemiller, Recreation Services Director; Chris Swanson, Management Analyst; and Dustin Leslie, City Clerk PLEDGE OF ALLEGIANCE Mayor Supple led the Pledge of Allegiance. OPEN FORUM Mayor Supple reviewed the options to participate: Participate live by calling 1-415-655-0001 during the open forum portion Call prior to meeting 612-861-9711 Email prior to meeting kwynn@richfieldmn.gov Kathleen Balaban apologized that she had been coming to the Council with her issues as she realized Richfield was City Manager ruled city and she should be going to the City Manager directly. She expressed concern regarding a comment she had heard from the City Manager regarding compensation and that Richfield was already over budget two months into the year. She asked for an explanation on that comment. She requested the Council look at the city policies. She asked the Council to rethink the Charter. Rod Sather, 63rd and Thomas, requested the Council implement measures and rules on Airbnb’s. Larry Ernster, 6727 Elliot Avenue South, expressed concern regarding the proposed increase in the staff’s salaries. He did not believe the homeowners were willing to support increasing salaries because of past mismanagement. Tom Wawra, 7024 Irving Avenue South, spoke about the closure of the Hennepin County refuge burning site in downtown Minneapolis and asked if Richfield would take a stand and try to figure out a remedy before its closing. CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Council Meeting March 12, 2024 City Council Meeting Minutes -2-March 12, 2024 APPROVAL OF MINUTES M/Hayford Oleary, S/Trautmann to approve the minutes of the: (1) Joint City Council and Planning Commission Work Session of February 26, 2024; (2) City Council Work Session of February 28, 2024; (3) Regular City Council Meeting of February 28, 2024. Motion carried: 5-0 ITEM #1 APPROVAL OF THE AGENDA M/Trautmann, S/Hayford Oleary to approve the agenda. Motion carried: 5-0 ITEM #2 CONSENT CALENDAR City Manager Rodriguez presented the consent calendar. A.Consider approval of 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 Avenue South (Staff Report No. 34) B.Consider the acceptance of the quotation from Commercial Recreation Specialists for $537,566.00 to construct the Splash Pad at the Richfield Outdoor Pool and authorize the Recreation Services Director to proceed with the project (Staff Report No. 35) C.Consider the approval of the new Foundational Public Health Responsibilities (FPHR) agreement with the City of Bloomington (Staff Report No. 36) D.Consider the approval of the Response Sustainability with the City of Bloomington (Staff Report No. 37) E.Consider adoption of a resolution to accept a Safe Routes to School Design Assistance grant from the Minnesota Department of Transportation (Staff Report No. 38) RESOLUTION NO. 12190 RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ACCEPT A SAFE ROUTES TO SCHOOL DESIGN ASSISTANCE GRANT FROM THE MINNESOTA DEPARTMENT OF TRANSPORTATION M/Whalen, S/Trautmann to approve the consent calendar. Motion carried: 5-0 ITEM #3 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR City Council Meeting Minutes -3-March 12, 2024 None. ITEM #4 CONSIDER A SECOND READING, PUBLIC HEALTH, AND SUMMARY PUBLICATION OF AN ORDINANCE AMENDING THE CURRENT CITY CHARTER BASED ON THE CHARTER COMMISSIONER’S RECOMMENDATION. (STAFF REPORT NO. 39) Council Member Whalen presented Staff Report 39. City Manager Rodriguez stated this item had been years in the making and it had been carefully reviewed by the Commission. She noted there was no change to the City’s current form of organization and Richfield is a Council manager form of government. Council Member Whalen opened the public hearing. Kathleen Balaban stated she did not find this process transparent. She requested the Council look at Richfield’s communication to the citizens. M/Whalen, S/Trautmann, to close the public hearing. Motion carried: 5-0 M/Whalen, S/Hayford Oleary to approve a second reading of an Ordinance amending the current City Charter based on the Charter Commission’s recommendations and approve a Resolution authorizing summary publication of said Ordinance adopting comprehensive amendments to the Richfield City Charter. BILL NO. 2024-03 ORDINANCE ADOPTING COMPREHENSIVE AMENDMENTS TO THE RICHFIELD CITY CHARTER RESOLUTION NO. 12191 RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE ADOPTING COMPEHENSIVE AMENDMENTS TO THE RICHFIELD CITY CHARTER Hayford Oleary stated he would support this update and it was a useful cleanup. He indicated the changes were minor, it made a lot of sense, it was a reasonable update, and it made the document more relevant. Mayor Supple thanked the Charter Commission. She noted the Council had an in-depth discussion on what needed to happen in a time of emergency, such as civil unrest, including the powers of the Mayor, staff, and the Emergency Coordinator. She thanked Ms. Balaban for her comments and holding the Council and staff accountable. Trautmann stated he appreciated the process taken and how a unanimous decision was reached. He indicated he would be supporting this amendment. Motion carried: 5-0 ITEM #5 City Council Meeting Minutes -4-March 12, 2024 CONSIDER APPOINTMENT TO FILL A VACANCY ON THE TRANSPORTATION COMMISSION. (STAFF REPORT NO. 40) Hayford Oleary presented Staff Report 40. M/Hayford Oleary, S/Whalen to approve appointment of Stacey Fuentes as Transportation Commissioner commencing on March 13, 2024 and expiring January 31, 2026. Motion carried: 5-0 ITEM #6 CITY MANAGER’S REPORT City Manager Rodriguez shared information regarding Ms. Balaban’s issues she had brought up at the previous Council Open Forum. She indicated staff was also working with Deb Nordmarken regarding information she had requested. ITEM #7 CLAIMS AND PAYROLL M/Whalen, S/Christensen that the following claims and payrolls be approved: U.S. BANK 03/07/2024 A/P Checks: 327053 – 327310 $1,498,091.98 Payroll: 185846 – 186156 43785 - 43792 $913,706.77 TOTAL $2,411,798.75 Motion carried: 5-0 ITEM #8 HATS OFF TO HOMETOWN HITS Council Member Trautmann gave hats off to the art students at Richfield High School for supporting the Empty Bowls Event. Council Member Hayford Oleary stated he did not have any comments. Council Member Christensen stated she had recently had a takeout meal from Tazzah and it was a great place to stop for a meal. Council Member Whalen thanked the Cub Scout Den that joined the Council before their work session today. He thanked City Clerk Leslie and everyone else who helped with the Presidential Primary process. Mayor Supple gave hats off to RDAP and the City’s Public Works Department. She gave a shout out to County Attorney Mary Moriarty for her suggestion that Richfield host a session for Hennepin County Mayors to talk about public safety. ITEM #9 ADJOURNMENT City Council Meeting Minutes -5- March 12, 2024 M/Hayford Oleary, S/Trautmann to adjourn the meeting at 7:35 p.m. Motion carried: 5-0 Date Approved: March 26, 2024 Mary B. Supple Mayor Dustin Leslie Katie Rodriguez City Clerk City Manager Revised February 2024 HENNEPIN COUNTY DISTRICT COURTHENNEPIN COUNTY DISTRICT COURT: At A Glance: At A Glance M issionMission To provide justice through a system that assures equal access for the fair and timely resolution of cases and controversies. MINNESOTAJUDICIAL BRANCH FOURTH JUDICIAL DISTRICT Fast stats Personnel • 63 judges (number set by Legislature) • 12 referees (specialized judicial officers) • 564 staff (full-time equivalent) Court Divisions • Civil • Criminal • Family • Juvenile • Probate/Mental Health Locations • Hennepin County Government Center - Minneapolis Civil, criminal, housing, probate, mental health • Family Justice Center - Minneapolis Family Court • Juvenile Justice Center - Minneapolis Juvenile Court • Public Safety Facility - Minneapolis Criminal, traffic • Brookdale Regional Service Center - Brooklyn Center Criminal, traffic • Ridgedale Regional Service Center - Minnetonka Criminal, traffic Large Urban Court • 22% of Minnesotans live in Hennepin County • 405,068 total cases were filed in Hennepin County in 2023. This represents 37% of trial court case filings in the state of Minnesota. Jurors in 2023 • 42,145 citizens summoned • 733 jury trials requested (685 criminal, 48 civil) • Total amount paid to jurors for per diem, mileage and day care: $1,149,357 The Fourth Judicial District is the largest and busiest of the 10 districts in Minnesota. Hennepin County courts handled 37% of the state’s legal filings in 2023. 2023 Filings by Division Hennepin County Court Chief Judge Kerry Meyer Contact Us Kerry Meyer, Chief Judge Kerry.Meyer@courts.state.mn.us Sara Gonsalves, District Court Administrator Sara.Gonsalves@courts.state.mn.us Mike Valleau, Legislative Liaison Michael.Valleau@courts.state.mn.us www.mncourts.gov/hennepin Court staff take part in numerous training opportunities to enhance and grow the capabilities of the district. Key Priorities & Challenges • Reduce pending criminal caseload to pre-pandemic levels (Between January and September of 2023, we decreased the backlog of major criminal cases – felonies and gross misdemeanors – by 82%). • Address increased filings in housing court (Eviction filings are 76% higher in 2023 than they were in 2019). • Hennepin County District Court’s most serious felony filings (murder, weapons, sex offenses, domestics, and other person crimes) are consistently high. • Hennepin County accounts for a significant portion of Minnesota’s reported crime. In 2022, Hennepin County accounted for 41% of the violent crimes and 32% of the property crimes reported in Minnesota. Specifically, 7 in 10 (70%) of the state’s reported robberies occurred in Hennepin County, as did around half (54%) of the homicides and motor vehicle thefts (49%). • 20,297 interpreter requests in 2023 for 83 languages. • Increased need for services for defendants experiencing addiction and mental health issues. • Specialized treatment courts include Criminal Mental Health Court, Drug Court, DWI Court, and Veterans Court • High-risk, high-need population with a treatable condition • Protects public safety and due process • Cooperative agreement to get at the root of behavior • Intensive judicial/probationary supervision • More immediate/timely incentives and sanctions • Connecting individuals to services and helping them improve their life stability Focus on Quality of Justice: Treatment Courts Model Our courts also facilitate joyous occasions, such as weddings and adoptions, for families just beginning and those that are growing. Innovative Service and Firsts We take pride in providing quality service to our community. Our commitment to service includes many firsts and innovations: • The first African American district court chief judge in Minnesota (Toddrick Barnette, 2020-2023) • First livestreamed trial in the Minnesota Judicial Branch (State v. Chauvin) • Developed E-File and Serve (EFS) paperless filing system used throughout the Branch • Established Self-Help centers, which have become the norm throughout the state • District-wide race equity initiative launched in 2017 • Providing text and email reminders of court appearances, which are now standard across the state • Remote/Hybrid Hearings: Over 74,000 remote/hybrid hearings held in 2023 • Providing a warrant helpline that reduces failure to appear and helps clear warrants without incarceration Warrant Helpline: 612-543-WRNT (9768) Proclamation of the City of Richfield WHEREAS, Women’s History Month is for celebrating the achievements of all women; including women of color, women of the LGBTQIA2S+ community, women of all abilities, and women of all religions; and WHEREAS, Women of the Indigenous Nation of the Dakota Peoples have lived on this land now known as the City of Richfield, for thousands of years; and WHEREAS, President Jimmy Carter declared the week of March 7th Women’s History Week and later the United States Congress declared March Women’s History Month in 1987; and WHEREAS, Women have served courageously throughout our history in all aspects of our society and deserve to be recognized and respected for all their contributions; and WHEREAS, the City of Richfield was honored to have the first Latina Mayor Maria Medina (formerly Maria Regan Gonzalez), in the state of Minnesota; and WHEREAS, the City of Richfield is in Minnesota’s 5th congressional district and is represented by the first Somali Congresswoman, Ilhan Omar; and WHEREAS, the Richfield City Council has confirmed Melissa Poehlman as the first woman director of the Community Development Department; and WHEREAS, the Richfield City Council has confirmed Kristin Asher as the first woman director of the Public Works Department; and WHEREAS, Hennepin County Commissioner Debbie Goettel served as Richfield’s first woman Mayor; and WHEREAS, the City of Richfield confirms its commitment to supporting and uplifting women of all races, abilities, and religions to ensure a better future for all members of our community. Now, THEREFORE, I, Mary Supple, mayor of Richfield, on behalf of the Richfield City Council, do hereby proclaim the month of March 2024 as Women’s History Month in the City of Richfield and call on the people of Richfield to observe this month with appropriate programs, activities, and ceremonies, and continue to honor the contributions of Women Americans throughout the year. PROCLAIMED this 26th day of March, 2024. Mary B. Supple, Mayor AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #4.A. STAFF RE P ORT NO. 41 CIT Y COUNCIL MEET ING 3/26/2024 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:Jamie Haefner, Human Resources Manager C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager 3/19/2024 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consider the first reading of an ordinance amending Subsection 210.01 of the City Code related to City Council salaries for 2025 and 2026. E X E C UT IV E S UM M ARY: Chapter I I , Section 210 of the City Code establishes the salaries of the City Council. Subsection 210.01, Subd. 5 provides that salaries of Council Members shall be reviewed by the City Council by May 1 in each year in which an election is held pursuant to Section 200 of the Code. An ordinance amending the salaries established by this section must not take effect until after the next succeeding municipal election. The City has a 30 year history of providing the same cost of living increase to all of its employee groups. T he attached ordinance provides for increases in 2025 and 2026 to match the increases provided in the Management and General Services pay plans for those years. T he anticipated cost of living increase for 2025 and 2026 is not known at this time. T he cost of living increase has been 3% for the past for the past 7 years and the 2025 increase will be set as part of the budget process. I n the past, city council has also reviewed their salaries compared to other metropolitan cities. We have attached information on other metropolitan cities' salaries. Even with a 3% increase, the City Council’s salary would be in the middle of the pay scale for surrounding metropolitan cities' salaries. RE C O M M E ND E D AC T I O N: By motion: Approve the first reading of the ordinance amending Subsection 210.01 of the City Code related to City Council salarie s and sche dule the second reading for April 9, 2024 B AS IS O F RE C O M M E ND AT I O N: A .H IS TOR IC AL C ON T E X T P lease see executive summary. B .E QU ITAB L E OR S T R AT E GIC C ON S ID E R AT ION S OR IMPAC T S This is standard city business. C .P OL IC IE S (resolutions, ordinances, regulations, statutes, exc): C hapter II, S ection 210.01, S ubd. 5 of the C ity C ode establishes the salaries of the C ity C ouncil D .C R IT IC AL T IMIN G IS S U E S: C ity C ouncil needs to establish their salaries for 2025 and 2026 by ordinance before the next council election. E .F IN AN C IAL IMPAC T: The future 2025 and 2026 budgets adopted by C ity C ouncil will reflect the adopted increase to staff pay plans in those years. 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): The C ity C ouncil could defer action on this item to a future meeting or amend the current proposed salary increase. 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 A N ORD INA NC E A M E ND ING S E C TIO N 210 RIC HF IE L D C ITY C OD E P E RTA INING TO C ITY C O UNC IL S A L A RIE S Ordinance P eer C ity C omparison 2024 B ackup Material BILL NO. XXX AN ORDINANCE AMENDING SECTION 210 RICHFIELD CITY CODE PERTAINING TO CITY COUNCIL SALARIES THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 210 of the Richfield City Code is hereby amended as follows: Subdivision 1. Mayor. The annual salary of the mayor as of January 1, 20242, is $12,742.63,518.62. Effective January 1, 20253, the salary of the mayor shall be increased by a percentage that is equal to the percentage increase in the annual pay structure granted January 1, 2025,3 to the Management and General Services pPay Pplans. Subdivision 2. Council. The annual salary of a member of the council as of January 1, 20242 is $9,890.410,492.73. Effective January 1, 20253, the salary of a member of the council shall be increased by a percentage that is equal to the percentage increase in the annual pay structure granted January 1, 2025,3 to the Management and General Services Ppay Pplans. Subdivision 3. Effective January 1, 202 6,4 the annual salary of the mayor and a member of the council as provided in Subdivision 1 and 2 above shall receive an increase that would match the increase granted in the Management and General Services Ppay Pplans granted January 1, 20264. Section 2. Effective Date. This ordinance becomes effective on January 1, 20253. Passed by the City Council of the City of Richfield, Minnesota this 26th 9th day of April, 20242. Mary B. Supple, Mayor ATTEST: Dustin Leslie, City Clerk Peer City Comparison City Council Salary (2024) City Salary Maplewood $15,341.13 Edina $12,700.68 Hopkins $12,500.00 Bloomington $12,396.00 Woodbury $12,006.00 Richfield (3%Increase)$10,807.51 Brooklyn Center $10,214.00 Cottage Grove $9,480.00 Fridley (At-Large)$8,779.42 Inver Grove Heights $8,200.00 Fridley $7,761.78 Oakdale $7,020.00 Roseville $7,020.00 Mayors Salary (2024) City Salary Bloomington $26,400.00 Maplewood $17,429.73 Woodbury $16,680.00 Edina $15,964.53 Hopkins $15,000.00 Richfield (3%Increase)$13,924.18 Brooklyn Center $13,341.00 Cottage Grove $12,585.00 Inver Grove Heights $11,400.00 Fridley $10,688.60 Roseville $9,300.00 Oakdale $8,400.00 AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #4.B. STAFF RE P ORT NO. 42 CIT Y COUNCIL MEET ING 3/26/2024 RE P O RT P RE PA RE D B Y:John E vans, E xecutive A nalyst D E PA RTME NT D IRE C TO R RE V IE W: 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 3/20/2024 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consider a resolution authorizing staff to submit an application for a Hennepin County Youth Play Spaces Grant for the replacement of play equipment at Donaldson Park and authorize staff to execute a grant agreement, if awarded. E X E C UT IV E S UM M ARY: The Recreation Department is applying for a Hennepin County Youth Play Spaces Grant in the amount of $100,000 to help fund a portion of the cost to replace and expand the current play equipment at Donaldson Park (7434 Humboldt Ave). The other portion of the funding will be sourced from budgeted capital improvement budget funds through liquor store proceeds. RE C O M M E ND E D AC T I O N: By motion: Approve a resolution authorizing staff to submit an application for a Hennepin County Youth Play Spaces Grant to replace the play equipment at Donaldson Park, and authorizing staff to execute a grant agreement, if awarded. B AS IS O F RE C O M M E ND AT I O N: A .H IS TOR IC AL C ON T E X T B .E QU ITAB L E OR S T R AT E GIC C ON S ID E R AT ION S OR IMPAC T S Impact: P layground equipment is an amenity that is free to use at anytime during park hours, making play lots among our most-used and widely-accessible recreation amenities. A ll proposals are graded on accessibility and A D A standards. People: The Recreation S ervices D epartment has an ongoing commitment to provide programs and facilities that are accessible and inviting to all people, regardless of ethnicity, gender identification, or economic status. The play equipment lots are available to, and regularly used by, all members of our community. Consequences: The Recreation S ervices D epartment has been proactive about creating a welcoming environment for all people and we have seen diverse participation. S taff realizes that these facilities are made possible by all of Richfield residents and strives to take steps to ensure that our participants reflect that diversity and individuality. Strategic Outcome Considerations: The Hennepin C ounty Youth P lay S paces Grant for the replacement of play equipment at D onaldson P ark will help ensure that city infrastructure supports service needs into the future. C .P OL IC IE S (resolutions, ordinances, regulations, statutes, exc): A ll Hennepin C ounty Youth P lay S paces Grants are required to execute a resolution, which authorizes the filing of the application and pledges to execute final agreements with Hennepin C ounty if a grant is awarded. The attached resolution authorizes staff to do so. D .C R IT IC AL T IMIN G IS S U E S: The Hennepin C ounty Youth P lay S paces Grant application is due A pril 1, 2024, and requires the inclusion of this resolution. E .F IN AN C IAL IMPAC T: The Hennepin C ounty Youth P lay S paces Grant would provide $100,000 to match the C ity's $75,000 from the capital improvement budget, sourced from liquor store revenue. 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 resolution and miss an opportunity for a grant that would make it possible to replace and expand the D onaldson P ark play equipment. 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 Hennepin C ounty Youth P lay S paces Grant Resolution Resolution L etter RESOLUTION NO. RESOLUTION AUTHORIZING STAFF TO SUBMIT AN APPLICATION FOR A HENNEPIN COUNTY YOUTH PLAY SPACES GRANT FOR THE REPLACEMENT OF PLAY EQUIPMENT AT DONALDSON PARK AND EXECUTE AN AGREEMENT, IF APPROVED. WHEREAS, the Hennepin County Board of Commissioners, via the Hennepin Youth Play Spaces, provides for capital funds to assist local government units of Hennepin County for the development of sports or recreational facilities, and; WHEREAS, the City of Richfield (local government unit, hereinafter “LGU”) desires to replace the outdated play equipment at Donaldson Park. WHEREAS, the estimate of the total cost of replacing the play equipment is estimated to be $175,000. LGU is requesting $100,000 from the Hennepin Youth Play Spaces Grant and will assume responsibility for the remaining $75,000; and, WHEREAS, LGU is the owner of the Donaldson Park property and will own the property for at least the functional life of the play equipment, which is estimated to be 25 years. LGU agrees to assume one hundred (100) percent of operational and maintenance costs for PROJECT and will maintain the play equipment for its intended purpose. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, that LGU’s authorized entity, Karl Huemiller, Recreation Services Director, is authorized and directed to submit the application for the Hennepin Youth Play Spaces Grant and execute a grant agreement, if approved. Adopted by the City Council of the City of Richfield, Minnesota this 26th day of March, 2024. Mary Supple, Mayor ATTEST: Dustin Leslie, City Clerk AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #4.C. STAFF RE P ORT NO. 43 CIT Y COUNCIL MEET ING 3/26/2024 RE P O RT P RE PA RE D B Y:S cott K ulzer, A dministrative A ide/A nalyst D E PA RTME NT D IRE C TO R RE V IE W:K ristin A sher, P ublic Works D irector 3/20/2024 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 3/20/2024 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consider adoption of a resolution authorizing staff to submit a Hennepin County Youth Activities Play Spaces grant application for $100,000 to fund inclusion of a playground/play feature at the future Pillsbury Plaza community space. E X E C UT IV E S UM M ARY: Henne pin County Youth Activ ities Play Spaces Grant Program The Hennepin County Youth Activities Play Spaces grant program awards funding to local government units to improve youth access to sports and recreational activities. The Play Spaces grant awards can be in any amount for qualifying projects, but shall not exceed $100,000 per project. Pillsbury Plaza Concept Planning The 65th Street Reconstruction project included the removal of the cul-de-sac at Pillsbury Avenue leaving behind an area of public right-of-way. Prior to the road reconstruction there were no plans for the use of this space that would directly serve and benefit the immediate community. The development of the Pillsbury Plaza concept is credited to Richfield’s former Transportation Engineer, J ack Broz. The proposed project, identified for spring of 2025, will serve Richfield and the local community in this area by constructing a community plaza with the following amenities: A D A accessible concrete walks, ramps and aprons; A D A accessible swinging bench; Drinking fountain; Benches; Shade trees and landscaping; and (Hopefully) A community playground/play feature Play Spaces Grant Application The inclusion of an actual playground/play feature in the Pillsbury Plaza build is dependent upon the receipt of outside funding via grants. I nclusion of a playground/play feature at Pillsbury Plaza is essential for the adjacent neighborhoods, schools, and apartments because the residents in this area have no public park or gathering space in the immediate vicinity. There is a large amount of multi-family housing in this area as well as schools and the nearest public spaces require crossing either Nicollet Avenue or the railroad tracks to access. I nclusion of a playground/play feature in the construction of Pillsbury Plaza will ensure that this neighborhood has improved access to play spaces right at home. RE C O M M E ND E D AC T I O N: By Motion: Adopt the resolution authorizing staff to submit a Hennepin County Youth Activities Play Spaces grant application for $100,000 to fund inclusion of a playground/play feature at the future Pillsbury Plaza community space. 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 S ee executive summary. 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: The residents in this area have no public park or gathering space in the immediate vicinity. There is a large amount of multi-family housing in this area and the nearest public spaces require crossing either Nicollet Avenue or the railroad tracks to access. C onstruction of a public plaza in this otherwise unused space will give area residents a place to gather, recreate and build community. Strategic: B y adopting this resolution, the city is striving to leverage external funding sources to maintain sustainable infrastructure financing and ensuring that city infrastructure supports service needs. C .P OL IC IE S (resolutions, ordinances, regulations, statutes, exc): Hennepin C ounty Youth A ctivities P lay S paces grant applications are required to be authorized by the governing body of the local entity via resolution. D .C R IT IC AL T IMIN G IS S U E S: Hennepin C ounty Youth A ctivities P lay S paces grant applications are due A pril 1, 2024, which makes adoption of this resolution at this meeting timely. E .F IN AN C IAL IMPAC T: The C ity is requesting the maximum grant amount of $100,000 to go towards play features in the future P illsbury P laza. The C ity match will consist of the build of the plaza including sidewalks, retaining walls, trees and landscaping, grading, an A D A swinging bench, and water fountain, estimated at $216,000 plus engineering. F.L E GAL C ON S ID E R AT ION: ALT E R N AT IV E R E C OMME N D AT ION(S): P R IN C IPAL PAR T IE S E X P E C T E D AT ME E T IN G: AT TAC H ME N T S: D escription Type Resolution for P illsbury P laza Resolution L etter RESOLUTION NO. RESOLUTION OF SUPPORT FOR RICHFIELD’S HENNEPIN COUNTY YOUTH ACTIVITIES PLAY SPACES GRANT APPLICATION FOR $100,000 TO FUND INCLUSION OF A PLAYGROUND/PLAY FEATURE AT THE FUTURE PILLSBURY PLAZA COMMUNITY SPACE. WHEREAS, the Hennepin County Board of Commissioners, via Hennepin County Youth Activities Grants, provides for capital funds to assist local government units of Hennepin County with the development of sports or recreational facilities; and WHEREAS, the City of Richfield desires to construct a playground/play feature within the forthcoming “Pillsbury Plaza” community space project, slated for construction in 2025 ; and WHEREAS, the total cost of developing and constructing Pillsbury Plaza is $316,000. The City of Richfield is requesting $100,000 from the Hennepin County Youth Activities Play Spaces grant program to include a playground/play feature in Pillsbury Plaza and will assume responsibility for providing any and all matching funds that exceed the grant award, estimated to be $216,000, plus design engineering; and WHEREAS, the City of Richfield is the owner of the property where the Pillsbury Plaza playground/play feature will be located and will own the property where the Pillsbury Plaza playground/play feature is located for at least the functional life of the facility, which is estimated to be 25 years. The Pillsbury Plaza playground/play feature will not be converted for non-public or non-recreational uses within this time period without the approval of Hennepin County; and WHEREAS, the City of Richfield agrees to assume one hundred (100) percent of operational and maintenance costs for the Pillsbury Plaza playground/play feature and will operate it for its intended purpose as stated in the Pillsbury Plaza playground/play feature application for the functional life of the facility; and WHEREAS, the City of Richfield agrees to enter into all necessary and required agreements with Hennepin County for the specific purpose of developing the Pillsbury Plaza playground/play feature and managing its long-term operation; 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. 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 execute and submit the City of Richfield’s application for the Hennepin County Youth Activities Play Spaces grant program. Adopted by the City Council of the City of Richfield, Minnesota this 26th day of March, 2024. Mary Supple, Mayor ATTEST: Dustin Leslie, City Clerk AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #4.D. STAFF RE P ORT NO. 45 CIT Y COUNCIL MEET ING 3/26/2024 RE P O RT P RE PA RE D B Y:Rachel L indholm, S ustainability S pecialist D E PA RTME NT D IRE C TO R RE V IE W:K arl Huemiller, Recreation S ervices D irector 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 3/20/2024 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Authorize the Mayor and City Manager to sign a letter of commitment and related participation in a grant application to the United States Environmental Protection Agency (U S E PA) for a Twin Cities Commercial Energy Efficiency Program. E X E C UT IV E S UM M ARY: The City of Richfield has been invited to participate in a coalition of local cities (Minneapolis, St. Paul, Burnsville, Edina, Hopkins, Bloomington, St. Louis Park) that will be submitting an application to the US E PA for Climate Pollution Reduction Grant (C P RG) funds for a commercial energy efficiency program. The grant would provide free energy audits through Energy Smart, a program of the Minnesota Chamber of Commerce, to commercial, industrial, business and nonprofit properties. Following the assessment, energy efficiency recommendations will be made to the participating properties and funds will be available to match federal rebates and tax credits to encourage completion of the work. RE C O M M E ND E D AC T I O N: By approval of the consent calendar, authorize the Mayor and City Manager to sign a letter of commitment and related participation in the C P R G grant application. B AS IS O F RE C O M M E ND AT I O N: A .H IS TOR IC AL C ON T E X T The C ity has been looking for various opportunities in the past few years related to increasing residential and commercial energy efficiency, through education, services, rebates, etc. Recently, there have been several opportunities to sign onto C P RG coalition applications, each focusing on different aspects of energy efficiency across the Metro region and state. Richfield has chosen to participate in several of the applications to be in the best position to bring resources, education, and services to our community if any of these applications are awarded. S taff are ready to contribute staff time to these efforts and help achieve our sustainability and equity goals, while working to reduce energy usage and save money. 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 E quity: T he fund will set aside 50% of the funding for environmental justice communities to meet and surpass the Justice 40 (J40) requirements. Richfield has two Climate and Economic Justice Screening Tool (CE J ST ) census tracts and additional census tracts identified under the Dept. of Energy's Energy Justice Mapping Tool. Targeted individual outreach will be done to businesses in these census tracts, and cultural/business community organizations will be contacted to help ensure all businesses are reached. Educational materials will be created in multiple languages as well. Strategic Plan: T his program would support the City's equity goals and community development/core services work. It also advances the City's sustainability priorities. C .P OL IC IE S (resolutions, ordinances, regulations, statutes, exc): This aligns with the city's C limate A ction P lan, specifically Goal 1: D evelop and P romote E nergy E fficiency E fforts. D .C R IT IC AL T IMIN G IS S U E S: The application submission deadline is A pril 1, 2024. E .F IN AN C IAL IMPAC T: The financial impact is providing staff time for the project. Most of the education and outreach will fall under the S ustainability S pecialist's position. F.L E GAL C ON S ID E R AT ION: None currently. 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 P RG L etter of C ommitment - MP L S coalition Resolution L etter 6700 PORTLAND AVENUE, RICHFIELD, MINNESOTA 55423 612.861.9700 FAX: 612.861.9749 www.richfieldmn.gov AN EQUAL OPPORTUNITY EMPLOYER MAYOR MARY SUPPLE CITY COUNCIL SHARON CHRISTENSEN SEAN HAYFORD OLEARY SIMON TRAUTMANN BEN WHALEN CITY MANAGER KATIE RODRIGUEZ March 27th, 2024 Dear Environmental Protection Agency, I write to confirm that the City of Richfield is part of the coalition proposal “Twin Cities Commercial Energy Efficiency Program”, submitted by the City of Minneapolis as the lead entity. This opportunity allows us to scale our citywide efforts and help provide streamlined services and cost-share opportunities to businesses that may not otherwise be able to afford larger energy efficiency projects, especially in our CEJST-identified census tracts. As part of the coalition, we will help with education and outreach around the energy audit process and subsequent resources and action steps to execute the audit recommendations, install efficient equipment, and receive any applicable funding rebates. These services will help commercial entities in our community complete planning and work to decarbonize buildings through efficiency and electrification. Richfield has experience working with our utility providers to share energy efficiency audit options and existing rebate opportunities available through utility providers and the City. The City’s Energy Action Plan highlights these goals and the work done to achieve them, which overlaps with the goals of this coalition proposal. We plan to develop a memorandum of agreement with the City of Minneapolis and other partners, which will lay out the responsibilities of each party. The City of Richfield will sign the MOA agreed to by all parties. Thank you for your consideration of this application. Sincerely, Mary Supple, Mayor Katie Rodriguez, City Manager AGENDA SECTION:PUBLIC HEARINGS AGENDA ITEM #6. STAFF RE P ORT NO. 44 CIT Y COUNCIL MEET ING 3/26/2024 RE P O RT P RE PA RE D B Y:Julie Urban, A ssistant C D D irector D E PA RTME NT D IRE C TO R RE V IE W:Melissa P oehlman, C ommunity D evelopment D irector 3/19/2024 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 3/19/2024 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Public hearing to approve host designation for the City of Landfall Village to issue senior housing and healthcare revenue bonds to finance acquisition of The Pines senior housing development. E X E C UT IV E S UM M ARY: Cassia is seeking tax-exempt financing to purchase The Pines Senior and Assisted Living Facility located at 400 - 67th Street West. Cassia is a nonprofit corporation comprised of Augustana Care and Elim Care, two long-time organizations that provide senior housing, health care, and support services to older adults. Augustana has managed The Pines since 2012 and will continue to manage and support The Pines following acquisition by Cassia. W ith the change in ownership, 20% of the units (17) will be occupied by tenants whose income does not exceed 50% of the Area Median I ncome (A MI ). Cassia is asking that the City of Richfield provide host approval so that the City of Landfall Village can issue revenue bonds for the acquisition. The City of Landfall Village has agreed to issue the bonds to finance the acquisition. Approval of the attached J oint Powers Agreement is necessary to formalize this arrangement. The City of Richfield anticipates issuing bonds this year in support of City projects so is unable to issue the bonds directly. RE C O M M E ND E D AC T I O N: Conduct and close a public hearing and by motion: Approve a resolution providing host approval to and consenting to the issuance, sale, and delivery by the City of Landfall of its revenue bonds and approving and authorizing the execution of a Joint Powers Agreement. B AS IS O F RE C O M M E ND AT I O N: A .H IS TOR IC AL C ON T E X T The P ines has been privately-owned since it was constructed in 2000 and is selling the facility to C assia. A ugustana, a member organization of C assia, has managed the facility since 2012. 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 W ith the change in ownership, 20% of the units (17) will be occupied by tenants whose income does not exceed 50% of the A MI. There are currently very few income-restricted senior housing units in the C ity. A dding these units helps to further the S trategic P lan D esired Outcome to maintain Richfield as an affordable place to live. C .P OL IC IE S (resolutions, ordinances, regulations, statutes, exc): S ection 147(f) of the Internal Revenue C ode of 1986, as amended, requires that the C ity C ouncil must consent to the issuance of the bonds. Prior to the issuance of the bonds, the City must conduct a public hearing as required by Minnesota Statutes, Chapter 462C and Section 147(f) of the Internal Revenue Code of 1986, as amended. D .C R IT IC AL T IMIN G IS S U E S: The financing and acquisition is scheduled to close on May 22, 2024. A pproval of the host approval and the Joint P owers A greement is required before closing can occur. E .F IN AN C IAL IMPAC T: The developer will be requesting up to $12,500,000 in revenue bonds. There is no financial impact to the C ity of Richfield. The principal and interest on the bonds will be paid by the project and does not constitute a debt of either city. A s the host C ity, the C ity of L andfall will receive the fee for hosting the bond issuance. C assia originally asked the C ity to issue revenue bonds on its behalf; however, given the potential need for bonds to be issued for C ity projects later this year, the C ity prefers not to issue bonds directly for the project. F.L E GAL C ON S ID E R AT ION: Because the project is located within the Richfield City limits, the City needs to conduct the public hearing on the bond issuance and grant host city approval for another municipality to issue the bonds. C atherine C ourtney of Taft L aw will serve as the bond counsel for the issuance. Julie E ddington of K ennedy & Graven reviewed the documents on behalf of the C ity. ALT E R N AT IV E R E C OMME N D AT ION(S): D ecide not to consent to the issuance, sale and delivery of revenue bonds by the C ity of L andfall for the proposed acquisition. P R IN C IPAL PAR T IE S E X P E C T E D AT ME E T IN G: K athy Youngquist, C F O of C assia AT TAC H ME N T S: D escription Type Resolution Resolution L etter Joint P owers A greement C ontract/A greement Request L etter from C assia B ackup Material 130911034v2 1 RESOLUTION NO. ______ A RESOLUTION GIVING HOST APPROVAL TO THE ISSUANCE OF THE CITY OF LANDFALL VILLAGE, MINNESOTA SENIOR HOUSING AND HEALTHCARE REVENUE BONDS (THE PINES OF RICHFIELD PROJECT), SERIES 2024, AND APPROVING A JOINT POWERS AGREEMENT (a) WHEREAS, Minnesota Statutes, Chapter 462C, as amended (the “Act”), particularly Section 462C.05, subdivision 7, gives municipalities the power to issue revenue obligations for the purpose of financing or refinancing a program for the purposes of planning, administering, making, or purchasing loans with respect to a combination of a multifamily housing development and health care facility as defined in Minnesota Statutes, Section 469.153 and to enter into agreements necessary or convenient in the exercise of powers granted by the Act; and (b) WHEREAS, Minnesota Statutes, Section 471.656, as amended, authorizes a municipality to issue obligations to finance the acquisition or improvement of property located outside of the corporate boundaries of such municipality if the obligations are issued under a joint powers agreement between the municipality issuing the obligations and the municipality in which the property to be acquired or improved is located. Pursuant to Minnesota Statutes, Section 471.59, as amended, by the terms of a joint powers agreement entered into through action of their governing bodies, two or more municipalities may jointly or cooperatively exercise any power common to the contracting parties or any similar powers, including those which are the same except for the territorial limits within which they may be exercised and the joint powers agreement may provide for the exercise of such powers by one or more of the participating governmental units on behalf of the other participating units; and (c) WHEREAS, the City of Richfield, Minnesota (the “City”), has received from The Pines of Richfield, LLC, a Minnesota limited liability compan y (the “Borrower”), the sole member of which is Augustana Care, a Minnesota nonprofit corporation and 501(c)(3) organization, the sole member of which is Cassia, a Minnesota nonprofit corporation and 501(c)(3) organization, a proposal that the City of Landfall Village, Minnesota (the “Issuer”), undertake a program to finance the Project (as defined below) through the issuance of revenue notes, revenue bonds, or other obligations, in one or more series (the “Obligations”), pursuant to the Act, in an aggregate principal amount not to exceed $12,500,000; and (d) The “Project” to be financed by the Obligations consists of (i) financing the acquisition of an existing senior housing and healthcare facility, including approximately 75 assisted living apartment units, and 8 care suite apartment units, located at 400 W. 67th Street in the City, known as The Pines Senior & Assisted Living (the “Facility”); (ii) funding any required reserve funds; and (iii) paying all or a portion of costs of issuance (the “Project”). The Richfield will be owned and operated by the Borrower; and (e) WHEREAS, as required by the Act and Section 147(f) of the Code, a Notice of Public Hearing was published in the City’s official newspaper and newspaper of general circulation, for a public hearing on the proposed issuance of the Obligations by the Issuer and the proposal to undertake and finance the Project; and 130911034v2 2 (f) WHEREAS, as required by the Act and Section 147(f) of the Code, the City Council of the City has on this same date held a public hearing on the issuance of the Obligations by the Issuer and the proposal to undertake and finance the Project located within the jurisdictional limits of the City, at which all those appearing who desired to speak were heard and written comments were accepted; and (g) WHEREAS, the City has been advised that the Obligations, as and when issued, will not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City or the Issuer, except the revenues to be derived from one or more loan agreements to be entered into between the Issuer and the Borrower. The Obligations will not give rise to a pecuniary liability of the City or the Issuer or be a charge against the general credit or taxing powers of the City or the Issuer, but are payable from sums to be paid by the Borrower pursuant to the loan agreements; and (h) WHEREAS, the City and the Issuer are proposing to enter into a Joint Powers Agreement (the “Joint Powers Agreement”) pursuant to which the City the Issuer will consent to the issuance of the Obligations by the Issuer to finance the Project and the Issuer will agree to issue the Obligations to finance the Project; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: 1. Recital of Representations Made by the Borrower. The Borrower has agreed to pay any and all costs incurred by the City in connection with the issuance of the Obligations, whether or not such issuance is carried to completion. 2. Host Approval. The City Council hereby gives the host approval required under Section 147(f) of the Code and, pursuant to Minnesota Statutes, Section 471.656, Subd. 2(2), the City Council hereby consents to the issuance of the Obligations by the Issuer. 3. Joint Powers Agreement. The Mayor and the City Manager are hereby authorized and directed to execute and deliver the Joint Powers Agreement and any other documents deemed necessary to fulfill the intentions of this resolution. All of the provisions of the Joint Powers Agreement, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Joint Powers Agreement shall be substantially in the form on file with the City, which is hereby approved with such omissions and insertions as do not materially change the substance thereof, or as the Mayor and the City Manager, in their discretion, shall determine, and the execution thereof by the Mayor and the City Manager shall be conclusive evidence of such determination. 4. Electronic Signatures Authorized. The execution of any instrument by the appropriate officer or officers of the City herein authorized may be by electronic signature if such an option is available and shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. For purposes of this paragraph: (i) “electronic signature” means a manually signed original signature, an electronic image of a handwritten signature, or a digital signature provided by DocuSign, Adobe Sign, or any other electronic signature provider 130911034v2 3 acceptable to the parties, which in each case is transmitted by electronic means; and (ii) “transmitted by electronic means” means sent in the form of a facsimile or sent via the internet as a PDF (i.e. portable document format) or other replicating image attached to an electronic mail or internet message. 130911034v2 4 (The remainder of this page is intentionally left blank.) 130911034v2 5 Adopted by the City Council of the City of Richfield, Minnesota, this 26th day of March, 2024. _______________________________________ Mary B. Supple, Mayor ATTEST: Dustin Leslie, City Clerk 130911034v2 6 STATE OF MINNESOTA ) COUNTY OF HENNEPIN )SS CITY OF RICHFIELD ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Richfield, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City duly called and held on the date therein indicated, insofar as such minutes relate to giving host approval to the issuan ce of a revenue obligation for a project in the City. WITNESS my hand this ___ day of ____________, 2024. _______________________________ City Clerk 130920373v2 JOINT POWERS AGREEMENT PROVIDING FOR THE ISSUANCE OF REVENUE BONDS TO FINANCE SENIOR HOUSING AND HEALTHCARE FACILITIES (THE PINES OF RICHFIELD PROJECT) This Agreement is entered into as of ________1, 2024, by and between the City of Landfall Village, Minnesota (“Landfall Village” or the “Issuer”) and the City of Richfield, Minnesota (“Richfield” or the “Host City” and, together with the Issuer, the “Cities”). Each of the Cities is a municipal corporation duly organized under the laws of the State of Minnesota. WHEREAS, the Issuer proposes to adopt a housing program (the “Housing Program”) in accordance with Minnesota Statutes, Chapter 462C; and WHEREAS, it has been proposed by The Pines of Richfield, LLC (the “Borrower”), a Minnesota limited liability company, the sole member of which is Augustana Care, a Minnesota nonprofit corporation and 501(c)(3) organization, the sole member of which is Cassia, a Minnesota nonprofit corporation and 501(c)(3) organization, that the Issuer undertake a program to assist in financing the Project (defined below) through the issuance by the Issuer of revenue bonds or other obligations, in one or more series, in an aggregate principal amount not to exceed $12,500,000 (the “Obligations”); and WHEREAS, the Cities desire to assist the Borrower pursuant to this Agreement; NOW, THEREFORE, for and in consideration of the mutual covenants and representations hereinafter contained, the parties hereto agree as follows: 1. Minnesota Statutes, Section 471.59 (the “Joint Powers Act”) provides that two or more governmental units, by agreement entered into through action of their governing bodies, may jointly or cooperatively exercise any power common to the contracting parties, and may provide for the exercise of such power by one of the participating governmental units. 2. In connection with revenue bonds issued under Minnesota Statutes, Chapter 462C (the “Housing Programs Act”), Section 462C.14, Subdivision 3 provides for joint action between cities pursuant to the Joint Powers Act. 3. The Borrower has proposed, and the Cities hereby agree, to enter into this Agreement pursuant to the Housing Programs Act. Under the Housing Programs Act, the Issuer will issue the Obligations and loan the proceeds thereof to the Borrower pursuant to agreements with the Borrower that obligate the Borrower to use the proceeds of the Obligations to finance the Project (defined below). The Cities expect that Issuer will issue the Obligations in a principal amount not to exceed $12,500,000. 4. As further described in the Housing Program, the “Project” consists of (i) financing the acquisition of an existing senior housing and healthcare facility, including approximately 75 assisted living apartment units and 8 care suite apartments units, located at 400 W. 67th Street in Richfield, known as The Pines Senior & Assisted Living (the “Facility”); (ii) funding any required reserve funds; and (iii) paying all or a portion of costs of issuance (the “Project”). The Facility will be owned and operated by the Borrower. 130920373v2 2 5. The Issuer has adopted a resolution adopting the Housing Program. 6. Each of the Cities has adopted a resolution evidencing its intent to enter into this Agreement. As required under the Code, the Host City has adopted resolutions granting host approval of the issuance of the Obligations by the Issuer and the Issuer has adopted a resolution approving the issuance of its Obligations. 7. The Issuer shall exercise the powers of the Housing Programs Act by adopting, approving, and executing such resolutions, documents, and agreements as shall be necessary or convenient to authorize, issue, and sell the Obligations and such other resolutions, documents, and agreements as shall be necessary or required in connection with the issuance of the Obligations and giving effect to or carrying out the provisions of this Agreement and documents under which the Obligations are issued and/or secured. 8. The Obligations issued by the Issuer will be special, limited obligations of the Issuer, payable solely from proceeds, revenues, and other amounts pledged thereto and more fully described in a loan agreement between that Issuer and the Borrower, executed in connection with the Project. In no event shall the Obligations ever be payable from or charged upon the general credit, taxing powers, or any funds of the Cities; the Cities are not subject to any liability thereon; no owners of the Obligations shall ever have the right to compel the exercise of the taxing power of the Cities to pay any of the Obligations or the interest thereon, nor to enforce payment thereof against any property of any Cities; the Obligations shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the Cities; and the Obligations do not constitute an indebtedness of any of the Cities within the meaning of any constitutional, statutory, or charter limitation. 9. This Agreement will terminate upon the retirement or defeasance of all of the Obligations or any bonds issued to refund the Obligations, and this Agreement may not be terminated in advance of such retirement or defeasance. 10. This Agreement may be executed in counterparts, each of which shall be an original, but such counterparts shall together constitute but one and the same instrument. 11. The parties agree that the electronic signature of a party to this Agreement shall be as valid as an original signature of such party and shall be effective to bind such party to this Agreement. For purposes of this paragraph: (i) “electronic signature” means a manually signed original signature, an electronic image of a handwritten signature, or a digital signature provided by DocuSign, Adobe Sign, or any other electronic signature provider acceptable to the parties, which in each case is transmitted by electronic means; and (ii) “transmitted by electronic means” means sent in the form of a facsimile or sent via the internet as a PDF (i.e. portable document format) or other replicating image attached to an electronic mail or internet message. Paper copies or “printouts” of this Agreement, if introduced as evidence in any judicial, arbitral, mediation, or administrative proceeding will be admissible as between the parties to the same extent and under the same conditions as other original business records created and maintained in documentary form. Neither party ma y contest the admissibility of true and accurate copies of documents transmitted by electronic means and containing, or to which there is affixed, an 130920373v2 3 electronic signature on the basis of the best evidence rule or as not satisfying the business records exception to the hearsay rule. [Remainder of page intentionally blank; signature page follows.] 130920373v2 S-1 IN WITNESS WHEREOF, each of the Cities has caused this Agreement to be executed on its behalf by its duly authorized officers, all as of the day and year first above written. CITY OF LANDFALL VILLAGE, MINNESOTA, the Issuer By________________________________ Mayor By________________________________ City Adminstrator [Signature page to Joint Powers Agreement] 130920373v2 S-2 CITY OF RICHFIELD, MINNESOTA, the Host City By________________________________ Mayor By________________________________ City Manager [Signature page to Joint Powers Agreement] Taft Comments 2/5/24 February 5, 2024 BY EMAIL Ms. Julie Urban Assistant Community Development Director City of Richfield 6700 Portland Ave. City of Richfield, MN 55423 Re: The Pines of Richfield, LLC Dear Ms. Urban: The Pines of Richfield, LLC, a Minnesota limited liability company, the sole member of which is Augustana Care, a Minnesota nonprofit corporation and a 501(c)(3) organization, the sole member of which is Cassia, a Minnesota nonprofit corporation and a 501(c)(3) organization, requests the City of Richfield to assist in financing the acquisition described below by providing host approval to the City of Landfall Village to be the Issuer of one or more series of revenue bonds or other obligations in an aggregate principal amount not to exceed $12,500,000. The Pines of Richfield, LLC is acquiring an existing senior housing and healthcare facility, including 75 assisted living apartment units and 8 care suites units, currently known as The Pines Senior & Assisted Living Community located at 400 67th Street, Richfield, MN. The property is licensed by the Minnesota Department of Health as an Assisted Living community and serves tenants who need assisted living and additional services provided in care suites. Cassia was formed in 2020 and became the sole member of Augustana Care and Elim Care, Inc., which are both nonprofit corporations and 501(c)(3) organizations that originated in 1896 and 1927, respectively. The purpose of Cassia is to provide housing, health care, and support services to older adults in the spirit of Christ’s love. Cassia and its support corporations own and operate 17 skilled nursing facilities, 31 assisted living and independent senior living buildings, a management company, a medical supply company, a therapy company, a pharmacy, and adult day care programs. Cassia also is a partial owner in joint ventures that include home care and hospice services, therapy services, and a primary care service organization that specializes in geriatric medicine. One of Cassia’s support organizations, Augustana Senior Development II, has managed The Pines Senior & Assisted Living Community since 2012. It is our intention to continue to manage and further support the Richfield senior living community through a commitment to own the property. Our familiarity with the residents, their families, and staff will contribute to a very seamless transition. We will provide an affordability aspect for tenants with our ownership under The Pines of Richfield, LLC. At least 20% of the units will be occupied by tenants whose income does not exceed 50% of the area median income, adjusted for family size. There is currently no formal program to serve lower income residents. The Pines of Richfield, LLC will pay for the City’s legal fees and other costs that may be incurred related to the financing. We respectfully request that the City hold a public hearing on March 26, 2024, grant host approval, and enter into a joint powers agreement with the City of Landfall Village that will allow us to close on our financing and acquisition, tentatively scheduled for May 22, 2024. We look forward to working with the City and serving the Richfield community in a more committed way with our acquisition. Sincerely, Kathy L. Youngquist Chief Financial Officer (and Resident of Richfield)