04-09-2024 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
AP R IL 9, 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: 2632 188 8516 and password:
1234.
P lease refer to the C ouncil A genda & M inutes web page for additional ways to submit comments.
A pproval of the Minutes of the (1) C ity C ouncil Work S ession of March 26, 2024; and (2) C ity C ouncil Meeting of
March 26, 2024
AG E N D A APPR O VAL
1.A pproval of the A genda
P R E S E N TATIO N S
2.P roclamation C elebrating A rab A merican Heritage Month
3.Consent Calendar contains several separate items, which are acted upon by the City Council in one
motion. Once the Consent Calendar has been approved, the individual items and recommended
actions have also been approved. No further Council action on these items is necessary. However, any
Council Member may request that an item be removed from the Consent Calendar and placed on the
regular agenda for Council discussion and action. All items listed on the Consent Calendar are
recommended for approval.
A .C onsider the approval of the first reading of an ordinance amending S ection 925 relating to the abatement
of public health nuisances and assessment of abatement costs to property.
S taff Report No. 46
B .C onsider the approval of a new Opioid S ervices A greement with the C ity of B loomington, effective J anuary
1, 2024 - D ecember 31, 2028.
S taff Report No. 47
C .C onsider the adoption of a resolution identifying the need for L ivable C ommunities P olicy D evelopment
funding and authorizing an application for grant funds.
S taff Report No. 48
D .C onsider a request for an amended P lanned Unit D evelopment for a time extension of, and amendment to,
the construction agreement for a multi-story parking ramp at 1401 - 77th S treet E ast (A udi Richfield).
S taff Report No. 49
E .C onsider the approval of the Intensive C omprehensive P eace Officer E ducation and Training 2024 Grant
between the C ity of Richfield P olice D epartment and the Minnesota D epartment of P ublic S afety’s Office
of Justice P rograms (O J P ) to fund a non-traditional police officer candidate.
S taff Report No. 50
F.C onsider approval of a resolution authorizing the utilization of a construction manager at risk process for the
Wood L ake Nature C enter building project and authorizing staff and the city attorney to complete the
selection process and engage in contract negotiations.
S taff Report No. 51
G.C onsider the approval of the C D C Infrastructure grant services agreement with the C ity of B loomington,
effective J anuary 1, 2024 - November 30, 2027.
S taff Report No. 52
H.The Urban A rea S ecurity Initiative (UA S I) program funds address the unique risk-driven and capabilities-
based planning, organization, equipment, training and exercise needs of high-threat, high-density Urban
A reas based on the capability targets identified during the THIRA process and associated assessment
efforts; and assists them in building an enhanced and sustainable capacity to prevent, protect against,
mitigate, respond to, and recover from acts of terrorism.
S taff Report No. 53
4.C onsideration of items, if any, removed from C onsent C alendar
PR O P O S E D O R D IN AN C E S
5.C onsider the second reading of an ordinance amending S ubsection 210.01 of the C ity C ode related to C ity
C ouncil salaries for 2025 and 2026.
S taff Report No. 54
O T H E R B U S IN E S S
6.Notification regarding the Richfield P olice D epartment’s planned acquisition of unmanned aerial vehicles (UAV s)
and providing an opportunity for public comment at a regularly scheduled meeting. No other council
considerations/decisions are required.
S taff Report No. 55
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 26, 2024
CALL TO ORDER
Mayor Supple called the work session to order at 5:47 p.m. in the Bartholomew Room.
Council Members
Present:
Council Members
Absent:
Mary Supple, Mayor; Simon Trautmann, Sharon Christensen; and Sean
Hayford Oleary
Ben Whalen
Staff Present:
Guests:
Katie Rodriguez, City Manager; Karl Huemiller, Recreation Services
Director; Kate Aitchison, Communications and Engagement Manager; Joe
Powers, City Engineer; Kristin Asher, Public Works Director; Matt
Hardegger, Transportation Engineer; and Chris Swanson, Management
Analyst
Craig Holje, Chief Human Resources and Admin Officer for Richfield Public
Schools; Kirk Spencer, Richfield School Board Member; Dr. Steven
Unowsky, Superintendent of Richfield Public Schools
ITEM #1
LOCAL SALES TAX COMMUNICATIONS UPDATE
City Manager Rodriguez provided a summary on the agenda and turned the first item over to
Communications and Engagement Manager Kate Aitchison. Manager Aitchison introduced the council
item and provided background on the local sales tax (LST) referendum discussion. She talked about
what a sales tax is, what it can be used for, and what projects it was approved for in Richfield, if
approved by the community at the upcoming November election. She went into more detail about the
LST projects and talked about some of the specific items that would be added if the referendum was
successful.
Manager Aitchison provided some background info on the city consultant, Rapp Strategics,
who will be helping the city to coordinate the communication items for the city around the LST issue.
She talked about the role of this consultant in the projects including their role in creating
communication material and provided some assistance in responding to residents' questions about
the referendum.
Manager Aitchison presented the proposed slogan and logo for the LST communication plan.
She talked about how "Our Legacy, Our Future" ties the projects to the community. She noted we
were still working on a final for a branded logo and Rapp will be building a website in the next few
City Council Work Session Minutes
-2- March 26, 2024
weeks. Manager Aitchison noted Rapp and staff were working on fact sheets and other educational
materials for elected officials and staff to use if there are questions from the community. These
materials will go out to the council as they are drafted. She also noted how most of this "boots on the
ground" work will start in May and staff were available to answer any questions the council may have.
Council Members Hayford Oleary asked about the brand used in the previous work session.
Manager Aitchison said that we were looking for an updated brand as we wanted to broaden the
message above just parks as additional projects are now included in the LST. Council Member
Hayford Oleary talked about how he felt like some of the messaging was too broad. He wants to make
sure people understand what they will be getting by supporting the referendum. He asked that staff be
clear that this will go to fund the Wood Lake Nature Center building and would not be used to make
any other changes at the site. He also noted staff should look at purchasing the ".com" tiny URL to
make sure community members go to the correct sites. Staff noted there will be a standalone website.
Mayor Supple thanked staff for their work and turned the meeting to the second item.
ITEM #2
A DISCUSSION ABOUT POTENTIAL IMPACTS FROM THE CITY'S REDUCTION IN
SPEED LIMITS ON THE BUSSING OPERATIONS AND DAILY SCHEDULE OF
RICHFIELD PUBLIC SCHOOL DISTRICT SCHOOLS.
City Manager Rodriguez introduced the guests that included: Craig Holje, Chief Human
Resources and Admin Officer for Richfield Public Schools; Kirk Spencer, Richfield School Board
Member; Dr. Steven Unowsky, Superintendent of Richfield Public Schools.
City Engineer Powers introduced the item and provided some background on prior discussion
around this topic with the council. He talked about what staff wanted to discuss with the school district
and how this was an opportunity for a discussion about the proposed speed reduction. He talked
about how the school district estimates that there may be an impact to bussing times with these new
speed limits. City Engineer Powers provided a summary of the current recommendation in front of the
council. The current staff proposal is a pause of any changes on 76/77th Streets and proceed with the
lower 25mph speed limit on all other local roads, including Lyndale. City Engineer Powers noted this
change would be expected to be effective June 25, 2024.
Mayor Supple asked a logistical question to the district about when they would be able to look
at their routing software. Chief Human Resources and Admin Officer Craig Holje said they would like
to look at this impact after summer school gets out later in the year. Mr. Holje said they are trying to
find a window of time where they can pull good data. Mayor Supple said she does not want to mess
up the school year and recognizes this is something that could be disruptive. She then asked city staff
what timing is needed for implementation of a 25-mph limit only on local roads. City Engineer Powers
discussed the rollout plan. He said staff would look at an implementation date of June 25th. He noted
that waiting to make a change to the limits on 76/77th Streets would not impact the rollout time.
Transportation Engineer Hardegger noted the statute to address the local streets is different
than the one needed to change larger roads like 76/77th Streets. The local roads require some
communication before the changes. Mayor Supple asked if there was anything in the legislature that
would impact this work. Staff provided a summary of various bills currently under review at the capital.
Council Member Hayford Oleary asked the school district what their next step is in the
process. Mr. Holje talked about some of the impacts these proposed changes, even dropping just the
local roads to 25, will have on their operations. He noted they have not had the opportunity to run this
through their modeling software. They plan to do more thorough communication with the parents if
they find the route times are impacted 3 or more minutes. The district would like 6 to 9 months to
City Council Work Session Minutes
-3- March 26, 2024
communicate with their families. Their hope would be to make some changes in the in the 2025-2026
school year. Council Member Hayford Oleary restated his question, noting that it sounds like the
district is comfortable with moving forward with the change to local roads but that they would like more
time to investigate the impact a change on 76/77th Street may have.
Superintendent Unowsky stated there would be an increase in costs for the district with these
changes. He said they expect there to be an increase in 3 minutes to the average travel time. He
noted the district does not know the impact on childcare, work, etc. these changes will have. Council
Member Hayford Oleary said he is committed to the speed reduction being done in the community but
is open to discussion about when this change occurs. Superintendent Unowsky said the board does
not have a clear agreement on the matter. He said there is good evidence that altering starts times
will have an impact on students.
Council Member Trautmann said that he shares Council Member Hayford Oleary’s views. He
said he wants to be mindful of this impact, including the additional cost to the district. Council Member
Trautmann said he wanted to respect the relationship but may disagree with their findings. He said
that in the interest of walking together, he is willing to slow things down.
Council Member Christensen asked general questions about the timing and noted she would
like this change to take effect in the fall of this year. Superintendent Unowsky noted it's hard to
provide a direct answer because of the school board being split and not knowing what the impact
would be until they had more time to study this matter. Council Member Christensen asked if they
could start talking with families now. Superintendent Unowsky said that they would not want to
communicate anything unless something is set in stone. Mayor Supple agreed that a dual education
approach would be too complicated. She said with a lot of the local routes, the buses are already only
going 25 mph so there hopefully will be less impact. The school district staff agreed.
City Manager Rodriguez clarified that the city believed the school district was planning on
studying the impacts of this change in the next few months. This would include starting to
communicate the changes to the families in the district this year. Mayor Supple agreed this was the
info provided to council before this meeting. School district staff said this is the leadup time they feel
they would need for communicating with the families in their districts.
City Manager Rodriguez provided a summary of the discussion. She noted there is agreement
in changes to speeds on the local roads can move forward, with a start date of June 25, and city staff
will provide additional information to the district on 76/77th Street, to allow the school district time to
study this larger question. Mayor Supple noted the construction on 494 and wanted the district to be
mindful of any impacts this may have on their study. She thanked them for all the partnership for the
safe routes to school work. She talked about a recent Richfield Disability Advocacy Partnership (R-
DAP) forum she participated in and how areas of issue brought up in the meeting were addressed by
the safe routes to school.
Council Member Hayford Oleary said that if we need to pass any ordinances which may push
back the dates for the implementation he would only amend with an updated date and not rescind with
no replacement. Council Member Trautmann talked about how much he would enjoy having a joint
meeting with the school board in the future.
ADJOURNMENT
Mayor Supple adjourned the work session at 6:40 pm.
City Council Work Session Minutes
-4- March 26, 2024
Date Approved: April 9, 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:
Mary Supple, Mayor; Sharon Christensen; Simon Trautmann;
and Sean Hayford Oleary
Council Members
Absent:
Ben Whalen
Staff Present:
Katie Rodriguez, City Manager; Mary Tietjen, City Attorney; Karl
Huemiller, Recreation Services Director; Julie Urban, Assistant
Community Development Director; and Chris Swanson,
Management Analyst
Others Present: Hennepin County Chief Judge Kerry Meyer
PLEDGE OF ALLEGIANCE
Mayor Supple led the Pledge of Allegiance.
OPEN FORUM
Mayor Supple reviewed the options to participate:
• Participate live by calling 1-415-654-0001 during the open forum portion
• Call prior to meeting 612-861-9711
• Email prior to meeting kwynn@richfieldmn.gov
There were no participants.
APPROVAL OF MINUTES
M/Trautmann, S/Christensen to approve the minutes of the: (1) City Council Work Session of
March 12, 2024; (2) City Council Meeting of March 12, 2024.
Motion carried: 4-0
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Council Meeting
March 26, 2024
City Council Meeting Minutes -2- March 26, 2024
ITEM #1
APPROVAL OF THE AGENDA
M/Hayford Oleary, S/Trautmann to approve the agenda.
Motion carried: 4-0
ITEM #2
RICHFIELD CITY COUNCIL PRESENTATION/Q&A FROM HENNEPIN COUNTY
DISTRICT COURT
Mayor Supple welcomed Chief Judge Kerry Meyer.
Chief Judge Kerry Meyer played a video on who the Fourth Judicial District of Minnesota was,
who they served, what they focus on, what their mission is, where they are located, how many cases
they handle per year, how many personnel they have, and what their priorities are.
Chief Judge Meyer thanked the city for inviting her to present the update. She indicated the
District Court distributed a total of just under $250,000 to the City of Richfield which came from fines
and surcharges. She informed the residents that they would be having a Warrant Resolution Day on
May 3 where people who have open warrants on low level criminal matters could come in and get that
warrant taken care of.
Council Member Trautmann noted Hennepin County in recent years have also made Court
documents available for no charge (non-certified copies) for residents, which as an attorney he
appreciated that people did not have to pay to receive a copy of their own documents.
Mayor Supple pointed out that there was also a terminal in the municipal center to do legal filings
remotely also.
Mayor Supple noted at the open house, it was mentioned that one of the legislative objectives
was to try and get more treatment options for people. She asked if that was still an ongoing process.
Chief Judge Meyer responded it was, especially for juveniles. She stated since the pandemic placement
options have been reduced with a lot of facilities closing. She indicated they were always looking for
programs, providers, and placements.
ITEM #3
PROCLAMATION CELEBRATING WOMEN’S HISTORY MONTH
Mayor Supple invited Mady Vukson to accept the proclamation and read aloud the proclamation.
Commissioner Mady Vukson stated she was honored to accept the Women’s History Month
Proclamation on behalf of the Richfield Human Rights Commission.
Council Member Trautmann thanked the Commission members for attending this meeting
during inclement weather.
Mayor Supple gave hats off to the District Court Judge Juan Hoyos who was at the Partnership
Academy for their leadership panel. She thanked everyone at the Partnership Academy. She thanked
the Human Rights Commission for all their work.
ITEM #4
CONSENT CALENDAR
City Council Meeting Minutes -3- March 26, 2024
City Manager Rodriguez presented the consent calendar.
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)
RESOLUTION NO. 12192
RESOLUTION AUTHORIZING STAFF TO SUBMIT AN APPLICATION
FOR A HENNEPIN COUNTY YOUTH PLAY SPACES GRANT FOR THE
REPLACEMENT OF PLAY EQUPMENT AT DONALDSON PARK AND
EXECUTE AN AGREEMENT, IF APPROVED
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 Plaza community space (Staff Report No. 43)
RESOLUTION NO. 12193
RESOLUTION OF SUPPORT FOR RICHFIELD’S HENNEPIN COUNTY
YOUTH ACTIVITIES PLAY SPACES GRANT APPLICATION FOR
$100,000 TO FUND INCLUSING OF A PLAYGROUND/PLAY FEATURE
AT THE FUTURE PILLSBURY PLAZA COMMUNITY SPACE
D. Authorize the Mayor and City Council to sign a letter of commitment and related participation
in a grant application to the United States Environmental Protection Agency (US EPA) for a
Twin Cities Commercial Energy Efficiency Program (Staff Report No. 45)
M/Christensen, S/Christensen to approve the consent calendar.
Motion carried: 4-0
ITEM #5
CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT
CALENDAR
None.
ITEM #6
PUBLIC HEARING AND APROVE 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. (STAFF REPORT NO. 44)
Council Member Hayford Oleary presented Staff Report 44 and opened the public hearing.
The CFO for Cassia stated they were honored to continue their commitment to Richfield.
City Council Meeting Minutes -4- March 26, 2024
M/Hayford Oleary, S/Supple to close the public hearing
Motion carried: 4-0
M/Hayford Oleary, S/Trautmann to 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.
RESOLUTION NO. 12194
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
Attorney Tietjen noted there was no liability for Richfield with these bonds.
Assistant Director Urban indicated the City of Richfield had no liability and was only approving
the sale of conduit bonds by the City of Landfall Village, as the City does not have the capacity this
year to issue bonds on behalf of the project. She stated that the City of Landfall Village was using its
bonding powers to issue the bonds, and Cassia would be the responsible party for paying back the
bonds.
Mayor Supple stated this project would also be 20 percent affordable and it was filling a need in
the community.
Motion carried: 4-0
ITEM #7
CITY MANAGER’S REPORT
City Manager Rodriguez shared information regarding comments made at the last Open
Forum. She specifically addressed the one comment where it was said the City was over budget.
She clarified she had not said that, but rather had said that they expected to exceed the reserve that
had been set aside for worker’s compensation and class projects, which had to do with a tight labor
market.
City Manager Rodgriguez stated she had followed up with Mr. Sather regarding his concerns
about short-term rentals. She had also sent Mr. Wawra a letter regarding his concern about the
HERC facility closing.
City Manager Rodriguez shared a story about a call she was on with six other women where
they were discussing finance and how years ago this would have been a very unusual occurrence.
Mayor Supple noted the City’s entire Community Development Department was also female, which
would not have been seen in the past, but now it was becoming commonplace.
Mayor Supple noted the Minnesota League of Cities conference was June 26 to 28. She
requested staff get back to the Council if anything had been budgeted for this if a Council Member
wanted to attend.
ITEM #8
CLAIMS AND PAYROLL
City Council Meeting Minutes -5- March 26, 2024
M/Trautmann, S/Christensen that the following claims and payrolls be approved:
U.S. BANK 03/21/2024
A/P Checks: 327592 - 327593 $ 1,232,800.11
Payroll: 186157-186482 43793-43861 $949,005.93
TOTAL $2,181,806.04
Motion carried: 4-0
ITEM #9
HATS OFF TO HOMETOWN HITS
Council Member Christensen stated she had recently attended the Blue and Gold Dinner for
PAC 384. She indicated this was a good event.
Council Member Hayford Oleary stated he enjoyed participating in the Virtual High School Job
Olympics last week. He thanked two members of the City’s Community Development Department along
with the City’s Transportation Engineer for speaking with a High School Senior about his potential career
path.
Council Member Trautmann gave hats off to the Richfield Leadership Network for their recent
fundraiser. He gave hats off to Tom Fitzhenry and the Richfield Cadets involved in the Minnesota Wing
Civil Air Patrol for their great work.
Mayor Supple stated if anyone wanted to sign up for the Richfield Community Gardens to sign
up on the City’s website under parks and recreation. She noted the Richfield Foundation was having
their annual fundraiser on May 9. She gave hats off to the public works staff for their great job in clearing
the recent snow. She indicated the Met Council had their State of the Region gathering this week,
which was a good event.
ITEM #10
ADJOURNMENT
M/Trautmann, S/Hayford Oleary to adjourn the meeting at 7:37 p.m.
Motion carried: 4-0
Date Approved: April 9, 2024
Mary B. Supple
Mayor
Chris Swanson Katie Rodriguez
Management Analyst City Manager
Proclamation of the City of Richfield
WHEREAS, Arab American Heritage Month celebrates the beautiful, intellectual, and
cultural heritage of Arab Americans and all their achievements and contributions to Richfield,
Minnesota, the United States, and the world; and
WHEREAS, Arab American Heritage Month began as an initiative in 2017 with only a few
states and cities, it is now being recognized on a national level, which began in April 2021 as
President Biden became the first U.S. president to proclaim Arab American Heritage Month; and
WHEREAS, over 3.5 million Arab Americans have contributed to many facets of American
society including: arts, business, economics, education, and social services; and
WHEREAS, we celebrate the accomplishments of such distinguished Arab Americans as
journalist and speaker Noor Tagouri and Representative Rashida Talib from Michigan; and
WHEREAS, Arab Americans have faced discrimination, racial profiling, and violence both
domestically and abroad; and
WHEREAS, the city of Richfield is proud of the people, community, and business of Arab
Americans, and is looking forward to the continuing success of Arab Americans in our community.
Now, THEREFORE, I, Mary Supple, mayor of Richfield, on behalf of the Richfield City
Council, do hereby proclaim the month of April 2024 as Arab American Heritage 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 Arab
Americans throughout the year.
PROCLAIMED this 9th day of April, 2024.
Mary B. Supple, Mayor
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #3.A.
STAFF RE P ORT NO. 46
CIT Y COUNCIL MEET ING
4/9/2024
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
3/27/2024
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
4/3/2024
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consider the approval of the first reading of an ordinance amending Section 925 relating to the
abatement of public health nuisances and assessment of abatement costs to property.
E X E C UT IV E S UM M ARY:
The number and severity of public health nuisance cases has been increasing over the past seven years.
Historically, they've been handled on a case by case basis with abatement often occurring over several months
due to staff capacity, costs associated with abatement and property owners' individual circumstance. By
including a clear process of notice of abatement proceedings, appeal process, abatement and assessment,
staff will be better equipped to address not only the time it takes to abate, but have better outcomes for the
owner and property.
RE C O M M E ND E D AC T I O N:
By Motion: Approve the first reading of an ordinance amending Section 925.07 through 925.09 of the
Richfield City Code relating to the abatement of public health nuisances and assessment of abatement
costs to property.
B AS IS O F RE C O M M E ND AT I O N:
A .H IS TOR IC AL C ON T E X T
Minnesota S tatute 145A gives community health boards the authority to remove and abate a public health
nuisance. P rior to the pandemic, staff handled 10-12 public health nuisances per year. S ince then, there's been a
70% increase in cases. These situations may involve a person living among an accumulation of refuse or debris,
human or animal feces, rotting food waste, evidence of rodent/insect infestation, lack of water or sewage
disposal, and limited or blocked egress to windows and/or doors.
W ith the increase in cases, the current process for handling abatements is unsustainable.
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
P ublic health nuisances can impact anyone. Whether in a single family/multi-unit home, apartment, or
condominium, abatements can be time consuming, costly and a detriment to one's physical and mental health.
The proposed changes aim to benefit everyone living with a public health nuisance.
C .P OL IC IE S (resolutions, ordinances, regulations, statutes, exc):
Minnesota S tatute 145A gives authority to community health boards to remove and abate public health
nuisances. S ection 925 of the Richfield C ity C ode addresses nuisances and public health nuisances but was
lacking a clear process for public health nuisance abatements.
D .C R IT IC AL T IMIN G IS S U E S:
No critical timing issues.
E .F IN AN C IAL IMPAC T:
F.L E GAL C ON S ID E R AT ION:
The C ity A ttorney has reviewed the proposed ordinance and approves of its contents.
ALT E R N AT IV E R E C OMME N D AT ION(S):
The C ity C ouncil could decide not to approve the first reading of the ordinance and direct staff on how to proceed.
P R IN C IPAL PAR T IE S E X P E C T E D AT ME E T IN G:
AT TAC H ME N T S:
D escription Type
P H Nuisance C over Memo
1
BILL NO. _____
AN ORDINANCE AMENDING SECTION 925 OF THE RICHFIELD CODE OF
ORDINANCES RELATING TO THE ABATEMENT OF NUISANCES AND
ASSESSMENT OF ABATEMENT COSTS TO PROPERTY
THE CITY OF RICHFIELD DOES ORDAIN:
Section. 1. Subsections 925.07 through 925.09 of the Richfield City Code are amended as
follows:
925.07. Abatement and control of nuisances.
Subdivision 1. Procedures. The conditions declared in this section or any other
provision of this code to be nuisances and therefore subject to abatement and control,
unless otherwise provided in this chapter, shall be subject to regulation enforced and
applied in accordance with the procedures of this subsection.
Subd. 2. Order Notice. When the existence of any condition relating to this part a
nuisance as defined in this section is found on any property, the Ddirector of public
safety, the building official, Fire Marshal or any police officer of the City, acting in
concert with one of the enforcing officers enumerated in this section their designees,
shall issue a written order notice to any inner the owner, and if different, the occupant,
of the property to remove or abate the nuisance within a time specified in the notice, but
not longer than or other person responsible to remove the same, at his expense, within
a specified time not to exceed ten (10) days. The notice shall include:
(a) a description of the nuisance to be abated and the steps to be taken to abate
the nuisance;
(b) notification that unless the nuisance is abated or removed by the deadline listed
in the notice, the city may enter onto the property and abate or remove the nuisance at
the expense of the owner under the city code and Minnesota Statutes,
section 145A.08, 429.101, or other applicable state or local law; and
(c) notification that the owner and/or occupant of the property may appeal the
notice to the city manager or their designee. Any appeal must be requested in writing
before the deadline stated in the notice.
Subd. 3. Service. The written notices shall be served upon the owner, and if
different, the occupant, or of the property in one of the following ways:
(a) other persons responsible by the sheriff, marshal or other peace officers. If
service cannot be made after diligent search, the officer attempting to make
such service shall, in lieu thereof, post a written printed notice upon the property
or premises as provided in subdivision 4.
Subd. 4. Contents. The notice shall state unless the nuisance is abated or removed
within ten (10) days, the sheriff, marshal or other peace officer will abate or remove the
nuisance complained of and found to exist, at the expense of the owner.
2
RC160\3\930170.v3
(a) by registered or certified mail;
(b) by an officer authorized to serve a warrant; or
(c) by a person aged 18 years or older who is not reasonably believed to be a party
to any action arising from the notice.
Subd. 4. Posting Notice. If either the owner or the occupant of the property is
unknown or absent and has no known representative upon whom notice can be served,
the city or its agent, shall post the notice on the property.
Subd. 5. Appeal. The city manager or their designee shall meet with the owner
and/or occupant and the director of public safety, the building official or their designee
within a reasonable time after receiving notice of an appeal. The city manager or their
designee shall consider the appeal and make a final decision within 48 hours following
the meeting. The city manager’s decision shall be served on the owner and/or occupant
by mail, email, or other means, and if the appeal is not granted, then the decision shall
include a new date by which the owner and/or occupant must remove or abate the
nuisance. An owner or occupant may appeal from the city manager’s decision pursuant
to available remedies under state law.
Subd. 6. Abatement. If the owner or occupant fails or neglects to remove or abate
the nuisance described in the notice provided under subdivision 2 within the period of
time specified in the notice and does not request an appeal , then the city, or a
designated agent of the city, shall remove or abate the nuisance described in the notice
and assess the cost to the owner pursuant to subsection 925.09.
Subd. 7. Interference with Access and Abatement Prohibited. Pursuant to
Minnesota Statutes, Section 145A.04, subd. 10, it is a misdemeanor to deliberately
hinder a city staff member or their agent from entering a property where contagion,
infection, filth, or other source or cause of preventable disease exists or is
reasonably suspected to exist, or otherwise to interfere with the performance of the
duties of the city related to the inspection and abatement of a nuisance.
925.08. Emergency abatement.
If the director of public safety, the building official or their designee determines that a
public nuisance exists and that the public health, safety, or welfare may be in immediate
danger, the city may implement emergency abatement procedures to remove or abate
the nuisance. When emergency abatement is authorized, the c ity will post a notice at the
property and attempt to notify the owner and any occupants of the property. Following
emergency abatement, the City will mail notice of the action taken to the property owner
and assess costs pursuant to subsection 925.09.
925.09. Assessment of cost.
The cost of abatement or removal of a public nuisance shall be assessed against
the property as provided in Minnesota Statutes, Chapters 429 and 463, and Section
145A.08, as applicable, or other applicable state or local laws.as other law.
3
RC160\3\930170.v3
Sec. 2. This Ordinance is effective in accordance with Section 3.09 of the Richfield City
Charter.
Adopted by the City Council of the City of Richfield on this ____ day of _________ 2024.
Mary Supple, Mayor
ATTEST:
Dustin Leslie, City Clerk
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #3.B.
STAFF RE P ORT NO. 47
CIT Y COUNCIL MEET ING
4/9/2024
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
4/2/2024
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
4/3/2024
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consider the approval of a new Opioid Services Agreement with the City of Bloomington, effective
January 1, 2024 - December 31, 2028.
E X E C UT IV E S UM M ARY:
Opioid misuse has become one of the most pressing concerns in public health in the last few years. Opioid
deaths have been steadily rising across the country, and in Minnesota the number of deaths from opioid
overdoses doubled between 2019 - 2021, disproportionately affecting non-white residents. There has been
progress; opioid prescription rates in Minnesota have been decreasing and the Attorney General's office joined
a multistate settlement intended to combat the opioid crisis on the state and local level.
This service agreement with the City of Bloomington ensures opioid remediation work in Richfield with local
partners in health care, external agencies and community organizations over the next several years under the
Public Health Alliance of Bloomington, Edina and Richfield.
RE C O M M E ND E D AC T I O N:
By motion: Approve the Opioid Services Agreement with the City of Bloomington, effective January 1,
2024 - December 31, 2028.
B AS IS O F RE C O M M E ND AT I O N:
A .H IS TOR IC AL C ON T E X T
In July 2021, the Attorney General's Office joined the historic $26 billion dollar multistate
settlement agreements with pharmaceutical distributors McKesson, Cardinal Health, and
AmerisourceBergen, and opioid manufacturer Johnson & Johnson. T hese settlements will bring
more than $300 million into Minnesota over the next 18 years to fight the opioid crisis.
In December 2021, the Attorney General’s Office reached an agreement with Minnesota cities
and counties on how funds from these settlements will be allocated: 75% to counties and cities,
and 25% to the State. T he agreement also details how the funds can be used to combat the
opioid crisis, including detailed programs and strategies focused on treatment, prevention, and
harm reduction.
In December 2022, the Attorney General’s Office joined five additional multistate settlements
worth $20.4 billion with major opioid manufacturers Teva Pharmaceuticals and Allergan, and
three of the nation’s largest retail pharmacy chains—Walmart, CVS, and Walgreens.
Minnesota’s share of these settlements could be around $235 million.
In 2023, the agreement with cities and counties was amended to apply to the five additional
settlements above. T he parties to these settlements are states and cities and counties.
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 opioid epidemic has negatively impacted communities of color. Opioid remediation work in B loomington,
E dina, and Richfield will work from an equity lens ensuring opportunities, services and supports reach all.
C .P OL IC IE S (resolutions, ordinances, regulations, statutes, exc):
D .C R IT IC AL T IMIN G IS S U E S:
E .F IN AN C IAL IMPAC T:
The C ity of Richfield is slated to receive annual payments totaling nearly $958,000 by the end of 2038. These
funds will be used to pay for the Opioid S ervices A greement with the C ity of B loomington, as well as support
training for first responders.
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
Opioid S ervices A greement C over Memo
Agreement ID: 2024-88
1
PUBLIC HEALTH OPIOID REMEDIATION 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 agency operating in accordance with all applicable federal and state requirements.
B. Bloomington’s Division of Public Health provides Public Health Opioid Remediation Services
to respond to the public health crisis caused by the opioid epidemic (“PH Opioid Remediation
Services”) based on the terms of the Memorandum of the Agreement with the State of
Minnesota both Parties are subject to.
C. Richfield wishes to promote, support, and maintain the health of its residents by providing PH
Opioid Remediation Services to its residents, and desires to contract with Bloomington to
provide such PH Opioid Remediation Services. Bloomington and Richfield will fulfill
reporting requirements jointly.
D. In previous years, Bloomington has also contracted with the City of Richfield, Minnesota
(“Richfield”) to provide Services.
E. Bloomington, Edina, and Richfield desire to allocate the costs of the PH Opioid Remediation
Services in accordance with the workplan activities that will occur proportionately in each city
based on opioid epidemic data including population served, opioids prescribed and opioid
related deaths.
F. Bloomington is willing to provide such PH Opioid Remediation 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, Bloomington and Richfield agree as follows:
AGREEMENT
1. Services to be Provided. Bloomington agrees to provide the residents of Richfield with
Public Health Opioid Remediation 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
Agreement ID: 2024-88
2
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 December 31, 2028 unless terminated by either party
or amended pursuant to the Agreement.
3. Consideration. The consideration, which Richfield shall pay to Bloomington shall not
exceed $499,000.00, 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 pay 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.
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
Agreement ID: 2024-88
3
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 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.
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
Agreement ID: 2024-88
4
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
of these courts, whether based on convenience or otherwise. These obligations survive
termination of this Agreement.
16. Conflict of Interest. Bloomington 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.
Agreement ID: 2024-88
5
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 PH Opioid
Remediation Service 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. Bloomington 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 Bloomington 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.
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.
Agreement ID: 2024-88
6
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.
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.
Agreement ID: 2024-88
7
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: 2024-88
8
IN WITNESS WHEREOF, Bloomington and Richfield 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: ________________________________
Tim Busse
Its: Mayor
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: 2024-88
9
EXHIBIT A TO PUBLIC HEALTH OPIOID REMEDIATION SERVICES AGREEMENT
BETWEEN THE MINNESOTA CITIES OF BLOOMINGTON AND RICHFIELD
SCOPE OF SERVICES
Opioid overdose response and prevention is a combined state and local responsibility that
requires close collaboration between public health, health care, external agencies, and
community partners. The overall purpose is the rapid administration of Opioid Settlement
Funding.
Settlement Fund Administration
• Identify, collaborate, and respond to local issues to leverage and disburse Opioid
Settlement Funds
• Convene multi-sector meetings and lead efforts that build upon local efforts like
Community Health Assessments and Community Health Improvement Plans
• Implement activities as needed to prevent and respond to opioid misuse and
overdose in the jurisdiction. This could include essential treatment support services,
intervention, primary prevention, or other resources necessary for opioid misuse and
overdose response efforts
• Provide ongoing support for reporting requirements
• Work with MDH, Hennepin, and other jurisdictions to mitigate harms of opioid
overdose and misuse in communities or specific settings (e.g., worksites, jails,
shelters, schools, etc.) as able to assure local coordination of efforts
• Assure ongoing communication to the community and information sharing among
partners related to opioid response, prevention, intervention, and treatment
• Provide ongoing and targeted support to communities at higher risk of opioid use
disorder or overdose (high SVI, young adults, BIPOC, perinatal population, etc.) by
working with trusted community organizations and partners
Opioid Monitoring
• Build and/or maintain the capacity to monitor, analyze, and share data and trends
related to opioid overdose and prevention efforts. The grantee should monitor
demographic data and trends related to opioid use and overdose, including race,
ethnicity, populations residing in areas with a high social vulnerability index (SVI),
and populations most affected by the opioid epidemic (e.g., experience barriers to
treatment, mental health care, etc.)
Opioid Settlement Funding Implementation
• Administer funding as rapidly as possible to prioritized groups through the RFP
process based on jurisdictional priorities and allowable activities (see appendix)
• Support ongoing opioid misuse and overdose prevention efforts by working with
the community to identify resource gaps and determine how to best address those
needs
• Contract or hire additional staff to support administration and implementation of
settlement funds
• Purchase supplies and equipment necessary to support opioid misuse and
overdose prevention efforts in alignment with workplan
Agreement ID: 2024-88
10
EXHIBIT B TO PUBLIC HEALTH OPIOID REMEDIATION 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 the workplan
activities that will occur proportionately in each city based on the opioid epidemic data
including population served, opioids prescribed and opioid related deaths.
During the term of this Agreement, Richfield shall pay Bloomington the total not-to-
exceed amount of $499,000.00 for the Opioid Remediation Services.
Share of total cost
Allocation Method Bloomington Edina Richfield
Work plan activities will occur
proportionately in each city
based on opioid epidemic data
including population served,
opioids prescribed and opioid
related deaths.
52% 21% 27%
B. Bloomington will provide quarterly itemized invoices to Richfield on the following dates
annually:
Invoice Dates:
April 15th
July 15th
October 15th
January 15th
C. Richfield shall make payment to Bloomington within 30 days of receipt of
Bloomington’s invoice.
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #3.C.
STAFF RE P ORT NO. 48
CIT Y COUNCIL MEET ING
4/9/2024
RE P O RT P RE PA RE D B Y:S am C rosby, P lanner II
D E PA RTME NT D IRE C TO R RE V IE W:Melissa P oehlman, C ommunity D evelopment D irector
3/28/2024
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
4/3/2024
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consider the adoption of a resolution identifying the need for Livable Communities Policy Development
funding and authorizing an application for grant funds.
E X E C UT IV E S UM M ARY:
Staff is proposing to submit a request for a Livable C ommunities Ac t (L C A) P olicy D evelopment Grant in the
amount of $50,000 to enlist outside help to assist staff with the updating of the MR-2 (Multi-Family Residential)
and MR-3 (High Density Multi-Family Residential) zoning districts.
B oth the MR-2 and MR-3 zoning districts are antiquated in their bulk and dimensional requirements. The goal
of the update is to modernize the district standards to better align with current development realities, and to
provide the metric s needed to fac ilitate the infill c onstruc tion of a greater variety of housing types. The
consultant would assist with researc h and analy sis, community education and engagement, and policy
development.
L C A grants help communities create more housing choices, support living wage job creation, and connect jobs,
housing, and regional amenities to create a more equitable region. The goal of the Policy Development Grant is
to support policy-level change that will realize more equitable development outcomes beyond individual projects.
Applications are due on April 22, 2024. A resolution of support from the City Council is required with the
application. I f the City’s application is awarded, a grant agreement would be executed in J une, and work would
begin in J uly, with a project timeline of approximately one year.
RE C O M M E ND E D AC T I O N:
By motion: Adopt a resolution identifying the need for Livable Communities Policy Development
funding and authorizing an application for grant funds.
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
Most all of Richfield’s M R-2 & MR-3 zoned parcels were developed between 1953 and 1970.
From 1954 to 1982, the MR “Multiple Residence” district allowed multi-family development
subject to the same height and setback requirements as single-family residences.
Created in 1982, the current MR-2 and MR-3 zoning districts were written with a
surprisingly similar purpose in mind – to emulate multi-family housing that already existed in
the City. T he districts were not seen as or intended to be drivers of innovative or forward-
thinking multi-family development. In fact, both districts have purpose statements that intend
to “preserve as many as possible of the desirable characteristics of the single-family
district" implying that multi-family characteristics are undesirable.
T he MR-2 & MR-3 districts were updated in 1996, to add cluster homes, but generally
have not kept pace with the realities of constructing multi-family housing in today’s market.
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
Missing middle housing (the type of housing these districts allow) has historically given working-class
families, which tend to have a greater population of people of color, access to more affordable homes.
The proposal to differentiate this type of development from single-family development parameters
supports equity and inclusion by facilitating the construction of a diversity of housing types at various price
points. The proposal supports the strategic goal of “maintaining Richfield as an affordable place to live." It
also supports “climate resilience as a priority” in that it is anticipated to facilitate the construction of infill
housing, which helps mitigate sprawl and dependence on private automobiles.
C .P OL IC IE S (resolutions, ordinances, regulations, statutes, exc):
The Metropolitan C ouncil requires the C ity to be the applicant and to submit a resolution in support of the
grant application.
It is the C ity's policy to seek grant funding when available and as appropriate.
The following C omprehensive P lan policies support the proposed project:
Regularly review land use and zoning ordinances to ensure maximum opportunities for
strengthening housing choices.
D evelop residential standards (scale, density, etc.) for redevelopment areas that create
neighborhood character.
P romote the development of a balanced housing stock that is available to a range of income levels.
P rovide a full range of housing choices that contribute to vital and desirable neighborhoods that
welcome diversity of age, race, and physical ability; while maintaining a comfortable small town
atmosphere.
Require site design and architectural characteristics that provide appropriate transitions between
lower and higher intensity uses.
D .C R IT IC AL T IMIN G IS S U E S:
The grant application is due A pril 22, 2024, and a resolution of support needs to be submitted as part of
the application.
If approved, the application would be awarded in June and work would begin in July.
F unds must be expended within two years of the grant award, with an option for a one year time extension;
however, staff anticipates the code updates could be completed within a one-year timeframe.
E .F IN AN C IAL IMPAC T:
F unding would be provided by the Metropolitan C ouncil. The last 25% of the awarded funds will be
withheld until the policy developed by the grant is presented to the C ity C ouncil. A doption of the developed
policy by the C ity is not required for the release of the last 25%, just due consideration.
Community Development staff will prepare the grant application.
If awarded, staff will manage the assistance team, participate in research and engagement,
write and present the draft and final ordinances, and manage the grant administration
(invoicing, required documentation, etc.).
F.L E GAL C ON S ID E R AT ION:
The C ity will be required to enter into a grant agreement with the Metropolitan C ouncil, if funding is
awarded.
The C ity A ttorney will review the grant agreement prior to execution.
ALT E R N AT IV E R E C OMME N D AT ION(S):
D ecide not to apply for grant funds.
P R IN C IPAL PAR T IE S E X P E C T E D AT ME E T IN G:
N/A
AT TAC H ME N T S:
D escription Type
D raft Resolution of S upport Resolution L etter
RESOLUTION NO.
RESOLUTION IDENTIFYING THE NEED FOR
A POLICY DEVELOPMENT GRANT FROM THE
LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT FUND,
FOR MR-2 AND MR-3 ZONING CODE UPDATES
AND AUTHORIZING APPLICATION FOR SUCH
WHEREAS, the City has identified a policy development project that meets the
Demonstration Account’s purposes and criteria and is consistent with and promotes the
purposes of the Metropolitan Livable Communities Act and the policies of the Metropolitan
Council’s adopted metropolitan development guide; and
WHEREAS, the City has the institutional, managerial, and financial capability to ensure
adequate project administration; and
WHEREAS, the City certifies that it will comply with all applicable laws and regulations
as stated in the grant agreement or will not accept the grant funds; and
WHEREAS, the City agrees to act as legal sponsor for the project contained in the grant
application to be submitted on or before April 22, 2024; and
WHEREAS, the City acknowledges Livable Communities Demonstration Account grants
are intended to fund projects that can serve as models, examples or prototypes for similar
projects elsewhere in the region, and therefore represents that the proposed project can be
replicated in other metropolitan-area communities; and
WHEREAS, only a limited amount of grant funding is available through the Metropolitan
Council’s Livable Communities Demonstration Account during each funding cycle and the
Metropolitan Council has determined it is appropriate to allocate those scarce grant funds only
to eligible projects that would not occur without the availability of Demonstration Account grant
funding.
NOW, THEREFORE, BE IT RESOLVED that, after appropriate examination and due
consideration, the City Council of the City of Richfield, Minnesota, finds as follows:
1. That it is in the best interests of the City’s policy goals and priorities for the proposed
zoning update to occur at this particular time.
2. That the project for which Livable Communities Demonstration Account funding is
sought:
a. Will not occur without the grant within the reasonably foreseeable future; and
b. Will occur within two years after a grant award only if Livable Communities
Demonstration Account funding is made available for this project at this time.
c. Includes (list projects applied for here):
Project Name Amount Requested
MR-2 / MR-3 Zoning
District Updates
$50,000
3. That it authorizes Community Development staff to submit on behalf of the City a Policy
Development Grant application for Metropolitan Council Livable Communities
Demonstration Account grant funds for the update of the MR-2 and MR-3 zoning
districts, and to execute such agreements as may be necessary to implement the grant
on behalf of the City.
Adopted by the City Council of the City of Richfield, Minnesota this 9th day of April
2024.
_______________________
Mary B. Supple, Mayor
ATTEST:
___________________________
Dustin Leslie, City Clerk
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #3.D.
STAFF RE P ORT NO. 49
CIT Y COUNCIL MEET ING
4/9/2024
RE P O RT P RE PA RE D B Y:S am C rosby, P lanner
D E PA RTME NT D IRE C TO R RE V IE W:Melissa P oehlman, C ommunity D evelopment D irector
4/3/2024
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
4/4/2024
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consider a request for an amended Planned Unit Development for a time extension of, and amendment
to, the construction agreement for a multi-story parking ramp at 1401 - 77th Street East (Audi
Richfield).
E X E C UT IV E S UM M ARY:
I n 2015, the C ity approved a new Audi dealership at 1401 - 77th Street East (Property). Those approvals
included the construction of a multi-story parking ramp on the Property. Because Audi did not want to build the
ramp with the original project, they provided $50,000 in esc row and entered into a Construction Agreement
(Agreement) with the City. S inc e then, multiple time extensions have been granted; see Historical Context
section below, and Audi’s request narrative.
Now, nine years later, Audi is requesting additional time, which requires an amendment to the parking
agreement. Per Audi’s request narrative, all signs indicate that inventory is not likely to return to pre-pandemic
levels anytime soon, if ever; and they have no viable business need to build a parking ramp now or in the
foreseeable future. Given the seemingly permanent change to the nature of their business, Audi has indicated
an openness to pursuing other uses, suc h as ac quiring another auto franchise, or expanding their service
center. They intend to use the additional time to explore the possibility of other alternatives.
Audi representatives have presented the attached “First Amendment to the C onstruc tion Agreement" which
extends the applic ation deadline to April 28, 2027, and the construction deadline to A pril 28, 2028. As with the
original agreement, the amendment includes the option for an additional one-year administrative extension;
which would place the application deadline at April 28, 2028 and the construction deadline at April 28, 2029.
The Planning Commission held a public hearing on March 25, 2024. There was no one from the public in
attendance. The Commission expressed concern over a lack of progress towards compliance. The Commission
unanimously recommended approval with an added condition that the applicant document their efforts and
provide a report summarizing their progress if a development is not ready by the end of the extended term.
This site is not the only instance where an applicant is having difficulty fulfilling promises for future construction.
The Historic al Context section of this report touc hes upon two other examples. I n general, phased development
has proven to present significant challenges. There are too many elements outside both staff and the applicant’s
control to guarantee what will or will not happen in the future adn there are few options to force compliance.
RE C O M M E ND E D AC T I O N:
By motion: Approve the Planned Unit Development amendment for a time extension of, and
amendment to, the parking agreement at 1401 - 77th Street East (Audi Richfield).
B AS IS O F RE C O M M E ND AT I O N:
A .H IS TOR IC AL C ON T E X T
A UD I
In 2015, the C ity C ouncil approved development plans for a new A udi dealership at the P roperty. Those
approvals included the construction of a multi-story parking ramp on the P roperty within five years of the
C ity's approval, to be completed no later than A pril of 2020. A t the time of approval, A udi requested this
delay because the anticipated volume of business for a newly opened dealership did not justify the
construction of a parking ramp.
In 2020, Audi had still not submitted plans and requested additional time in which to
construct the ramp, as their volume of sales still did not necessitate a parking
r a mp . Consequently, the City negotiated a $50,000 escrow deposit and entered into
t h e Agreement with Audi. T he Agreement required that Audi submit plans within three
years, and complete construction of the ramp within four years. T he Agreement authorized
the Community Development Director to administratively extend these deadlines by one
additional year, with the ramp to be completed no later than April 2025.
In 2023, the C ommunity D evelopment D irector approved the one-year extension.
OTHE R P HA S E D D E V E L O P M E NTS
In 2013, the C ity approved a phased development for Honda, with the second phase being the
construction of a “multi-story parking ramp” so that the project would be closer to compliance with building
coverage requirements. The applicant was to meet annually with the C ity, and if a building permit
application was not received by J une 1st, 2020, the applicant was to either request a time extensi on or
amendment to the P lanned Unit D evelopment (P U D ). The C i ty does not have a way to enforce
compliance, other than to revoke the P UD and shut down the busi ness, which is not practical or helpful.
W ith A udi’s similar request for a phased development to delay compli ance with the same regulation, the
C ity required a $50,000 escrow and a construction agreement in the hopes of incentivizing compliance.
In 2018, the C ity approved the constructi on of a new school for P artnership A cademy with the condition
that the applicant either construct, or secure on adjacent property, the code required amount of parking. A
license agreement (which is not a permanent solution) wi th the neighboring property owner, B rixmor, was
obtained. In 2022, the C ity approved a bui ldi ng expansion of the new school, which increased the parking
deficit. A condi ti on of the approval was that the appli cant execute a parking agreement detailing the terms
for fi nding a permanent parking soluti on within two years (A pri l 12, 2024) of the approval. Rather than
accepting a one-time escrow deposi t, the parking agreement included a penalty of $50,000 per year, due
annually upon default until compliance is achieved.
B .E QU ITAB L E OR S T R AT E GIC C ON S ID E R AT ION S OR IMPAC T S
N/A - S tandard C ity B usiness
C .P OL IC IE S (resolutions, ordinances, regulations, statutes, exc):
Required Minimum L ot C overage in the Mixed Use Zoning D istrict (Zoning C ode S ection 537):
In the “Mi xed Use - Regional” Zoning D istrict, buildings are required to cover at least 50% of a lot. Higher
building coverage encourages more intense uti lization of land and increased tax base on some of the
community's most valuable properties along the I-494 corridor. A udi's current dealership building covers
only 29% of the site. The addition of the parki ng ramp would i ncrease the building coverage on the site to
approximately 44%, bringing it closer to compliance with the zoning code requirement of 50%.
D .C R IT IC AL T IMIN G IS S U E S:
The current A greement requires that A udi apply for land use approvals to construct the parking ramp by
A pril 28, 2024.
This request for an extension was received on F ebruary 23, 2024. If the amendment is approved on A pril
9, it would extend the deadline, maintaining compliance with the A greement.
E .F IN AN C IAL IMPAC T:
In 2020, A udi provided the C ity $50,000 to be held a non-interest-bearing account to ensure compliance
with the terms of the A greement. The C ity is still holding the funds in escrow.
The required application fees have been paid.
F.L E GAL C ON S ID E R AT ION:
The C ity A ttorney has reviewed the attached amendment to the A greement, which must be recorded.
ALT E R N AT IV E R E C OMME N D AT ION(S):
A pprove the proposed amendment and time extension with additional and/or modified stipulations.
D eny the proposed amendment and time extension with a finding that the proposal does not meet C ity
requirements.
P R IN C IPAL PAR T IE S E X P E C T E D AT ME E T IN G:
J oe B osco, General Manager for A udi Richfield.
AT TAC H ME N T S:
D escription Type
Resolution of A pproval Resolution L etter
F irst A mendment to C onstruction A greement C ontract/A greement
A pplicant's Request L etter B ackup Material
L ocation and Zoning Map B ackup Material
Original C onstruction A greement B ackup Material
P arking S tructure C oncept Graphic B ackup Material
RESOLUTION NO.
RESOLUTION APPROVING AN AMENDMENT TO
THE CONSTRUCTION AGREEMENT
FOR A MULTI-STORY PARKING STRUCTURE FOR AUDI RICHFIELD
AT 1401 - 77TH STREET EAST
WHEREAS, on April 28, 2015, the City Council approved a comprehensive plan
amendment, rezoning, and planned unit development / conditional use permit / final
development plan to allow Audi Richfield (Audi) to build a new car dealership at 1401 -
77th Street East (Property), property legally described as:
Lot 1, Block 1, Richfield Properties, Hennepin County, Minnesota.
WHEREAS, the minimum required building coverage in the Mixed Use –Regional
Zoning District is 50%, and the Audi’s proposal included building coverage of only 29%
of the site without a multi-story parking structure, and approximately 44% with a multi-
story parking structure; and
WHEREAS, during the application process, Audi represented it would prefer to
wait, rather than construct the parking ramp immediately, because the anticipated
volume of business for a newly opened automobile dealership did not justify the
construction of a parking ramp; and
WHEREAS, Audi agreed that it would construct a parking ramp on the Property
within five years of the City’s land use approvals and was willing to stipulate to this as a
condition in the Conditional Use Permit (City Council Resolution No. 11075); and
WHEREAS, Audi deposited $50,000 of escrow funds, and entered into a
Construction Agreement with the City, for the purposes of completing construction of the
parking ramp on the Property no later than April 28, 2025; and
WHEREAS, Audi has not yet submitted plans for construction of the parking
ramp, and now wishes to extend the deadline for completion by up to four additional
years; and
WHEREAS, notice of the public hearing was mailed to properties within 350 feet
of the subject property and published in the Sun Current newspaper on March 14, 2024;
and
WHEREAS, the Planning Commission of the City of Richfield held a public hearing
at its March 25, 2024 meeting and recommended approval of the request;
NOW, THEREFORE, BE IT RESOLVED, by the City Council, that the City of
Richfield approves the “First Amendment to the Construction Agreement”, extending the
application date to no later than April 28, 2028 and the construction date to no later than
April 28, 2029, subject to all terms stated in the Agreement.
BE IT FURTHER RESOLVED, by the City Council, that:
1. The Mayor and City Manager are hereby authorized to execute the First
Amendment.
2. Audi is responsible for recording both the original Construction Agreement and
the First Amendment to the Agreement, and for providing proof of both to the
City.
3. During the extension period, Audi shall make concerted efforts to fulfill the
agreement, shall document the efforts made, and shall provide such
documentation in a report of their progress if a development is not ready by the
end of the term.
Adopted by the City Council of the City of Richfield, Minnesota this 9th day of
April, 2024.
Mary B. Supple, Mayor
ATTEST:
Dustin Leslie, City Clerk
First Amendment to the Construction Agreement between the City of Richfield and
ARB L.L.C. d/b/a AUDI (AUDI)
The Construction Agreement entered into on the 10th day of March, 2020, by and between the
City of Richfield, a municipal corporation under the laws of Minnesota (the “City”), and ARB
L.L.C. d/b/a Audi Richfield, a limited liability company formed under the laws of the State of
Minnesota (the “Developer”), shall be amended as follows:
A. Paragraph 2(b) of the “Agreement” section shall be deleted in its entirety and replaced with
the following language:
b) Developer must submit its engineering and construction Plans and an application
for an amendment to Developer’s Planned Unit Development to the City for approval no
later than April 28, 2027. The Director of Community Development may authorize one
(1) 12-month extension of this deadline, extending no later than April 28, 2028.
B. Paragraph 2(c) of the “Agreement” section shall be deleted in its entirety and replaced with
the following language:
c) Construction must be substantially completed no later than April 28, 2028. The
Director of Community Development may authorize one (1) 12-month extension of this
deadline, extending no later than April 28, 2029.
C. Paragraph 5 of the “Agreement” section shall be deleted in its entirety and replaced with the
following language:
5. Cash Escrow. To guarantee compliance with the terms of this Agreement and
construction of the parking ramp, the City shall retain the cash deposit in the amount of
$50,000, as outlined in the City of Richfield Cash Escrow Agreement (Escrow
agreement) attached herein as Exhibit C, until acceptable completion of the site
improvements listed and detailed in this agreement. City and Developer both
acknowledge that any completion dates established in the Construction Agreement, or
Amendments thereto, shall supersede any dates set forth in the Escrow Agreement.
D. All other terms to remain the same.
**********************
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed on the day and
year first above written.
CITY OF RICHFIELD
By: _____________________________
_ Mary B. Supple, Mayor
By: ______________________________
Katie Rodriguez, City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ___ day of ___________, 2024, by
Mary B. Supple and Katie Rodriguez, the Mayor and City Manager, respectively, of the City of
Richfield, a Minnesota municipal corporation, on behalf of the municipal corporation.
____________________________________
Notary Public
ARB L.L.C. d/b/a AUDI RICHFIELD
By:_______________________________
Its: _______________________________
STATE OF MINNESOTA )
) ss.
COUNTY OF _________ )
The foregoing instrument was acknowledged before me this ___ day of ____________, 2024, by
_______________, the ___________________ of ARB L.L.C., a Minnesota limited liability company, on
behalf of the limited liability company.
____________________________________
Notary Public
WASHINGTON16TH AVE SBLOOMINGTON AVE15TH AVE S11THAVES13TH AVE S14THAVES12TH AVE S7 7 T H ST E
75TH ST E
76TH ST E
INTERSTATE 494INTERSTATE 494
78TH ST E BLOOMINGTON AVE78TH ST E
1 2 T H A V E S T O E B I 4 9 4
WB I494 TO 12TH AVE S
±
Location and Zoning Map
0 300 600150ft
I:\GIS\Community Development\Case Maps\2024\Audi Loc-Zoning Map.mxd
1401 77th Street East
Case #:Z24-04
SUBJECTSITE
Legend
ParksR Low Density Residential
MU-C Mixed Use-Community
MU-N Mixed Use-Neighborhood
MU-R Mixed Use-Regional
l
CONSTRUCTION AGREEMENT
BY AND BETWEEN
THE CITY OF RICHFIELD
AND
ARB L.L.C. d/b/a AUDI (AUDI)
This document drafted by:
Kennedy & Graven, Chartered
(MDT)
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9300 (AMB)
i
TABLE OF CONTENTS
PAGE
1. Right to Proceed ................................................................................................................2
2. Plans/PUD Amendment ....................................................................................................2
3. Erosion Control .................................................................................................................2
4. Construction of Ramp .......................................................................................................3
5. Cash Escrow......................................................................................................................3
6. Revocation of Conditional Use Permit .............................................................................4
7. Insurance ...........................................................................................................................4
8. Responsibility for Costs ....................................................................................................4
9. Clean up and Dust Control ................................................................................................4
10. Compliance with Laws .....................................................................................................5
11. Agreement Runs With the Land .......................................................................................5
12. Indemnification .................................................................................................................5
13. Assignment .......................................................................................................................5
14. Notices ..............................................................................................................................5
15. Severability .......................................................................................................................6
16. Non-waiver .......................................................................................................................6
17. Counterparts ......................................................................................................................6
18. Force Majeure ...................................................................................................................6
SIGNATURES .......................................................................................................................... 7-8
EXHIBIT A LEGAL DESCRIPTION OF PROPERTY
EXHIBIT B RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN AND CUP
EXHIBIT C CASH ESCROW AGREEMENT
1
This Construction Agreement (the “Agreement”) is made and entered into this ____ day
of ________________, 2020, by and between the city of Richfield, a municipal corporation
under the laws of Minnesota (the “City”), and ARB L.L.C. d/b/a Audi Richfield, a limited
liability company formed under the laws of the state of Minnesota (the “Developer”).
RECITALS
1. On April 28, 2015, the Richfield City Council approved a Comprehensive Plan
Amendment, rezoning ordinance and a resolution authorizing a planned unit
development, conditional use permit, and final development plans to allow Developer to
build a new Audi car dealership on the Property legally described in Exhibit A
(“Property”).
2. The minimum required building coverage in the Mixed Use – Regional District is 50
percent. The Developer’s proposal included building coverage of only 29 percent of the
site.
3. During the application process with the City, Developer represented it had plans to build
a multi-story parking ramp on the Property, but indicated it would prefer to wait and
assess its business for the future rather than construct the parking ramp at the time that
the City issued its approvals, because the anticipated volume of business for a newly
opened point for an automobile dealership did not justify the construction of a parking
ramp. Developer represented that construction of the parking ramp would increase the
building coverage on the site to approximately 44 percent.
4. Under the then existing projections, Developer agreed that it would construct a parking
ramp on the Property within five years of the City’s land use approvals and was willing to
stipulate to this as a condition in the Conditional Use Permit approved for the Property.
5. The Resolution approving Developer’s Final Development Plan and Conditional Use
Permit for a Planned Unit Development (Exhibit B) included the following condition:
“The property owner must return to the City for approval of a minimum two-story
parking ramp within four years of this approval. Construction of said ramp must be
completed within five years of this approval. The property owner must negotiate and
execute a separate agreement detailing the specific terms and penalties associated with
this requirement. This agreement must be executed prior to the issuance of a certificate of
occupancy.”
6. The parties now wish to memorialize the agreement related to the above-described
condition.
NOW, THEREFORE, based on the mutual covenants and obligations contained herein,
the parties agree as follows:
March
10th
2
AGREEMENT
1. Right to Proceed. This Agreement governs the construction of a parking ramp on
the Property, pursuant to the stipulated condition in the Conditional Use Permit. The Developer
may not proceed with construction until all of the following conditions precedent have been
satisfied:
a) this Agreement has been executed by the Developer and the City;
b) the required Cash Escrow has been received by the City from or on behalf
of the Developer;
c) land use plans including site design and architectural details have been
submitted by the Developer and approved by the City;
d) final engineering and construction plans and erosion control plan have
been submitted by the Developer and approved by the city engineer;
e) the Developer has paid the City for legal expenses incurred by the City
regarding this Agreement, including fees related to the drafting and
negotiation of this Agreement;
f) the Developer has received all required permits and approvals from the
Minnehaha Creek Watershed District, Three Rivers Park District,
Minnesota Pollution Control Agency, Hennepin County, the Minnesota
Department of Transportation, and any other permitting entity having
jurisdiction; and
g) the City has issued a building permit.
2. Plans/PUD Amendment.
a) The Developer agrees to construct the parking ramp in accordance with all
required city approvals and in compliance with all applicable city codes
and other laws. The Developer also agrees that the ramp constructed shall
be materially in accordance with the approved engineering and
construction plans (collectively, “Plans”) that will be submitted to the
City. Once submitted, the Plans may not be materially modified by the
Developer without the prior written approval of the City.
b) Developer must submit its engineering and construction Plans and an
application for an amendment to Developer’s Planned Unit Development
to the City for approval no later than April 28, 2023. The Director of
Community Development may authorize one (1) 12-month extension of
this deadline, extending no later than April 28, 2024.
c) Construction must be substantially completed no later than April 28, 2024.
The Director of Community Development may authorize one (1) 12-
month extension of this deadline, extending no later than April 28, 2025.
3
d) No vehicles related to the inventory or service operations of the Audi car
dealership shall be parked on public right of way surrounding the property.
e) All construction work performed by or on behalf of the Developer must
comply with City and State noise regulations.
3. Erosion Control. a) All construction shall be conducted in a manner designed to
control erosion and in compliance with all City ordinances and other requirements, including the
City’s permit with the Minnesota Pollution Control Agency regarding municipal separate storm
sewer system program. Before construction begins, the City must approve an erosion control
plan submitted by the Developer, and the Developer shall implement such plan. The City may
impose additional erosion control requirements after the City’s initial approval if the City deems
such measures reasonably necessary due to a change in conditions. All areas disturbed by the
grading shall be reseeded promptly after the completion of the work in that area unless the
construction is anticipated immediately thereafter. Except as otherwise provided in the erosion
control plan, seed shall provide a temporary ground cover as rapidly as possible. All seeded
areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties
recognize that time is of the essence in controlling erosion.
b) If the Developer does not comply with the erosion control plan and schedule or
supplementary instructions received from the City, the City may take such action as it deems
reasonably appropriate to control erosion based on the urgency of the situation. The City will
make a good faith effort to notify the Developer in advance of any proposed action, including by
telephone or email in the case of emergencies, but failure of the City to do so will not affect the
Developer’s obligations or the City’s rights hereunder.
c) The Developer agrees to reimburse all expenses incurred by the City in
connection with erosion control actions. The erosion control measures specified in the Plans or
otherwise required on the Property shall be binding on the Developer and its successors and
assigns.
4. Construction of Ramp. a) Construction must be in accordance with the Plans,
any required city approvals, and applicable City engineering standards. The Developer shall
submit plans and specifications for construction prepared by a registered professional engineer.
The Developer shall obtain any necessary permits from the Minnesota Pollution Control Agency,
Minnehaha Creek Watershed District, Three Rivers Park District, Hennepin County, MnDOT,
and any other agency having jurisdiction over the Property before proceeding with construction.
The City shall inspect all work at Developer’s cost. The Developer, its contractors, and
subcontractors, shall follow all instructions received from the City’s inspectors regarding
compliance with the Plans, with City Code requirements or with City engineering standards.
b) As-builts or escrow required prior to final C.O. issue. Submit .pdf file of complete
civil and site plan set including all updates with as-built information of all utilities installed and
removed. Utility plan also to be delivered as an AutoCAD file, ANSI D size Mylar, and ArcMap
point and line shapefile with attribute table populated with structure, pipe and invert elevation
4
information; provide benchmark information to all new and adjusted hydrants TNH elevation,
vertical datum: NAVD 88.
5. Cash Escrow. To guarantee compliance with the terms of this Agreement and
construction of the parking ramp, Developer shall furnish the City with a cash deposit in the
amount of $50,000. The cash escrow agreement is attached as Exhibit C.
6. Revocation of Conditional Use Permit. If Developer fails to complete the
construction of the ramp by the date identified in paragraph 2(c) of this Agreement, the City will
take all lawful steps to revoke the Conditional Use Permit approved for the Property.
7. Insurance. The Developer or its contractor shall maintain, during construction
and until at least six months after construction is completed, commercial general liability
insurance covering claims for damages for bodily injury, including death, and claims for
property damage which may arise out of Developer’s work or the work of its contractors or
subcontractors. Minimum insurance limits shall be: $1,000,000 – per occurrence; $2,000,000 –
annual aggregate; $2,000,000 – annual aggregate – Products/Completed Operations. The
following coverages must be included: Premises and Operations Bodily Injury and Property
Damage; Personal and Advertising Injury; Blanket Contractual Liability; Products and
Completed Operations Liability. The City shall be named as an additional insured on the policy.
The certificate of insurance shall provide that the City must be given the same advance written
notice of the cancellation of the insurance as is afforded to the Developer or its contractor.
Developer must also provide Worker’s Compensation Insurance for all of its employee in
accordance with the statutory requirements for the State of Minnesota.
8. Responsibility for Costs. The Developer agrees to reimburse the City for its
reasonable legal costs and expenses incurred in drafting and negotiating this Agreement within
30 days after notice in writing by the City. The Developer agrees t o reimburse the City for the
reasonable cost incurred in the enforcement of any provision of this Agreement, including
reasonable attorneys’ fees.
9. Clean up and Dust Control. The Developer shall daily clean dirt and debris
resulting from construction work by the Developer, its contractors, agents, or assigns. The
Developer shall provide dust control to the satisfaction of the City’s engineer throughout
construction on the Property.
10. Compliance With Laws. The Developer agrees to comply with all laws,
ordinances, regulations and directives of the state of Minnesota, Hennepin County, and the City
applicable to the Property. This Agreement shall be construed according to the laws of
Minnesota. Breach of the terms of this Agreement by the Developer shall be grounds for denial
of building permits for the Property, as well as revocation of the Conditional Use Permit
approved for the Property.
5
11. Agreement Runs With the Land. This Agreement shall run with the Property and
shall be recorded against the title thereto and shall bind the parties hereto and their successors
and assigns.
12. Indemnification. The Developer hereby agrees to indemnify and hold the City
and its officers, employees, and agents harmless from claims made by third parties for damages
sustained or costs incurred resulting from any action taken pursuant to this Agreement. The
Developer hereby agrees to indemnify and hold the City and its officers, employees, and agents
harmless for all costs, damages, or expenses which the City may pay or incur in consequence of
such claims, including attorneys’ fees, except matters involving procedural errors in violation of
law or acts of gross negligence by the City.
13. Assignment. The Developer may not assign this Agreement without the prior
written permission of the City.
14. Notices. Any notice or correspondence to be given under this Agreement shall be
deemed to be given if delivered personally or sent by U.S. Mail, postage prepaid, certified mail,
return receipt requested:
a) as to Developer: ARB L.L.C. d/b/a Audi Richfield
1401 77th St. East
Richfield, MN 55423
Attn: Ralph Gesualdo
With a copy to: International Autos
2400 S. 108th Street
West Allis, WI 53227
Attn: Ralph Gesualdo
b) as to City: City of Richfield
6700 Portland Avenue
Richfield, MN 55423
Attn: City Manager
with a copy to: Richfield City Attorney
Kennedy & Graven
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
or at such other address as either party may from time to time notify the other in writing in
accordance with this Section. The Developer shall notify the City if it changes its name or
address.
6
15. Severability. In the event that any provision of this Agreement shall be held
invalid, illegal or unenforceable by any court of competent jurisdiction, such holding shall
pertain only to such section and shall not invalidate or render unenforceable any other provision
of this Agreement.
16. Non-waiver. Each right, power or remedy conferred upon the City by this
Agreement is cumulative and in addition to every other right, power or remedy, express or
implied, now or hereafter arising, or available to the City at law or in equity, or under any other
agreement. Each and every right, power and remedy herein set forth or otherwise so existing
may be exercised from time to time as often and in such order as may be deemed expedient by
the City and shall not be a waiver of the right to exercise at any time thereafter any other right,
power or remedy. If either party waives in writing any default or nonperformance by the other
party, such waiver shall be deemed to apply only to such event and shall not waive any other
prior or subsequent default.
17. Counterparts. This Agreement may be executed simultaneously in any number of
counterparts, each of which shall be an original and shall constitute one and the same
Agreement.
18. Force Majeure. Whenever a period of time is herein prescribed, for action to be
taken by City or Developer, City or Developer shall not be liable or responsible for, and there
shall be excluded from the computation of any such period of time, any unavoidable delays due
to strikes, riots, acts of God, shortages of labor or materials, war, governmental laws, regulations,
or restrictions or any other causes of any kind whatsoever which are beyond the reasonable
control of the parties, including without limitation, inclement conditions and delays in the
issuance of permits and approvals. However, this provision shall not apply to any delay caused,
in whole or in part, by the Developer’s failure to apply for or diligently pursue all necessary
government approvals required under this Agreement.
**********************
7
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed
on the day and year first above written.
CITY OF RICHFIELD
By: ______________________________
Maria Regan Gonzalez, Mayor
By: ______________________________
Katie Rodriguez, City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ___ day of ___________,
2020, by Maria Regan Gonzalez and Katie Rodriguez, the Mayor and City Manager,
respectively, of the city of Richfield, a Minnesota municipal corporation, on behalf of the
municipal corporation.
____________________________________
Notary Public
A-1
EXHIBIT A
The land to which this Construction Agreement applies is legally described as follows:
LOT 1, BLOCK 1, RICHFIELD PROPERTIES, HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO 11075
RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN
AND CONDITIONAL USE PERMIT
FOR A PLANNED UNIT DEVELOPMENT
AT 1400 78TH STREET EAST 1420 78TH STREET EAST
1500 78TH STREET EAST AND
7711 14TH AVENUE
WHEREAS an application has been filed with the City of Richfield which
requests approval of a final development plan and conditional use permit for a planned
unit development to allow construction of a three story automobile dealership and
parking ramp at 1400 78th Street East 1420 78th Street East 1500 78th Street
East and 7711 14th Avenue property legally described in the attached Exhibit A and
WHEREAS the Planning Commission of the City of Richfield held a public
hearing and recommended approval of the requested final development plan and
conditional use permit at its March 23 2015 meeting and
WHEREAS notice of the public hearing was mailed to properties within 350 feet
of the subject property on March 10 2015 and published in the Sun Current on March
12 2015 and and
WHEREAS the requested final development plan and conditional use permit
meets those requirements necessary for approving a planned unit development as
specified in Richfield s Zoning Code Section 542 09 Subd 3 and as detailed in City
Council Staff Report No 63 and
WHEREAS the request meets those requirements necessary for approving a
conditional use permit as specified in Richfield s Zoning Code Section 547 09 Subd 6
and as detailed in City Council Staff Report No 63 and
WHEREAS the City has fully considered the request for approval of a planned
unit development final development plan and conditional use permit and
NOW THEREFORE BE IT RESOLVED by the City Council of the City of
Richfield Minnesota as follows
1 The City Council adopts as its Findings of Fact the WHEREAS clauses set forth
above
2 A planned unit development final development plan and conditional use permit
are approved for an automobile dealership as described in City Council Report
No 63 on the Subject Property legally described in Exhibit A
3 The approved planned unit development final development plan and conditional
use permit are subject to the following conditions
B-1
EXHIBIT B
A recorded copy of the approved resolution must be submitted to the City
prior to the issuance of a building permit
The property must be platted and the plat recorded prior the issuance of a
certificate of occupancy
The property owner must return to the City for approval of a minimum two
story parking ramp within four years of this approval Construction of said
ramp must be complete within five years of this approval The property owner
must negotiate and execute a separate agreement detailing the specific terms
and penalties associated this requirement This agreement must be executed
prior to the issuance of a certificate of occupancy
Separate sign permits are required This resolution constitutes approval of a
height 33 ft variation only This variation is for one freestanding sign along
1 494
Light levels may not exceed those proposed in approved plans Lights must
be dimmed to meet City standards between the hours of 10 p m and 7 a m
daily
All new utility service must be underground
All utilities must be screened from public view
Final 77th Street pedestrian lighting plan must be approved by the Public
Works Director A Maintenance Agreement related to lighting must be
recorded prior to the issuance of a Certificate of Occupancy
Entire sidewalk along 78th Street must be replaced with new 6 foot walk
Final landscaping plans must be approved by the Directors of Public Works
Community Development and Mn DOT where applicable Full site irrigation
including boulevards is required
The property owner is responsible for the ongoing maintenance and tending
of all landscaping in accordance with approved plans
A Construction and Maintenance Agreement must be recorded prior to the
issuance of a final Certificate of Occupancy
The applicant is responsible for obtaining all required permits compliance
with all requirements detailed in the City s Administrative Review Committee
Report dated February 26 2015 and compliance with all other City and State
regulations
Minnesota Department of Transportation review required Applicant must
obtain all required permits for work in State right of way
Final stormwater management plan must be approved by Public Works
Director Infiltration not allowed in high vulnerability wellhead protection area
Prior to the issuance of an occupancy permit the developer must submit a
surety equal to 125 of the value of any improvements not yet complete
As builts or 7 500 cash escrow must be submitted to the Public Works
Department prior to issuance of a final certificate of occupancy
4 The approved planned unit development final development plan and conditional
use permit shall expire one year from issuance unless the use for which the
permit was granted has commenced substantial work has been completed or
B-2
upon written request by the developer the Council extends the expiration date
for an additional period of up to one year as required by the Zoning Ordinance
Section 547 09 Subd 9
5 The approved planned unit development final development plan and conditional
use permit shall remain in effect for so long as conditions regulating it are
observed and the conditional use permit shall expire if normal operation of the
use has been discontinued for 12 or more months as required by the Zoning
Ordinance Section 547 09 Subd 10
Adopted by the City Council of the City of Richfield Minnesota this 28th day of
April 2015
Debbie Goettel Mayor
ATTEST
Eliza e anHoose City Clerk
B-3
EXHIBIT C
C-1
PARKING RAMP
(FUTURE)
AUDI DEALERSHIP
(2017)
PARKING RAMP PLANS SUBMITTED FOR 2015 PUD APPROVAL
PARKING RAMP VIEW FROM TRAIL ALONG EAST SIDE OF PROPERTY
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #3.E.
STAFF RE P ORT NO. 50
CIT Y COUNCIL MEET ING
4/9/2024
RE P O RT P RE PA RE D B Y:Jay Henthorne, D irector of P ublic S afety/C hief of P olice
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
4/2/2024
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
4/3/2024
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 Intensive Comprehensive Peace Officer Education and Training 2024
Grant between the City of Richfield Police Department and the Minnesota Department of Public
Safety’s Office of Justice Programs (O J P) to fund a non-traditional police officer candidate.
E X E C UT IV E S UM M ARY:
The City of Richfield Police Department recently applied for a grant to participate in the I ntensive
Comprehensive Peace Officer Education and Training 2024 Grant. The program is designed to bring non-
traditional candidates into the law enforcement field.
RE C O M M E ND E D AC T I O N:
By motion: Approve Intensive Comprehensive Peace Officer Education and Training 2024 Grant.
B AS IS O F RE C O M M E ND AT I O N:
A .H IS TOR IC AL C ON T E X T
A pplicants must have a four- or two-year degree from a credited college.
S uccessful candidate will be hired by the C ity of Richfield P olice D epartment as a P olice Trainee. This is
a full-time position with insurance, and pension benefits.
A s a P olice Trainee the individual will attend 35-40 hours a week of college course work at Hennepin
Technical C ollege. Upon successful completion of this course work, the P olice Trainee will take the
P eace Officer S tandards and Training (P OS T) licensing examination.
A ll course fees and equipment are provided and paid for by the C ity of Richfield P olice D epartment.
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
Strategic Considerations:
This grant will help the city to recruit and train an additional officer which will helps the city maintain their fully
authorized strength.
C .P OL IC IE S (resolutions, ordinances, regulations, statutes, exc):
Minnesota D epartment of P ublic S afety’s Office of J ustice P rograms (OJ P ) notified the C ity of Richfield
P olice D epartment that they were selected to receive the 2024 Intensive C omprehensive P eace Officer
E ducation and Training Grant.
The C ity of Richfield P olice D epartment wishes to participate in the Intensive C omprehensive P eace
Officer E ducation and Training 2024 Grant.
D .C R IT IC AL T IMIN G IS S U E S:
This agreement must be signed for the Intensive C omprehensive P eace Officer E ducation and Training 2024
Grant to receive the allotted funding.
E .F IN AN C IAL IMPAC T:
The total cost of this agreement will not exceed $50,000.00 to be paid by the Minnesota D epartment of
P ublic S afety’s Office of Justice P rograms (O J P ).
The C ity of Richfield P olice D epartment has already budgeted the remainder of the funds to cover any
additional costs.
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):
The C ouncil could choose to not sign this agreement, which would make this agreement null and void with the
Minnesota D epartment of P ublic S afety’s Office of Justice P rograms (O J P ) and the D epartment would not be able
to participate in the grant.
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 greement C ontract/A greement
Grant Contract Agreement Page 1 of 2
DPS Grant Contract Agreement Non-State (rev. September 2022)
Minnesota Department of Public Safety (“State”)
Office of Justice Programs
445 Minnesota Street, Suite 2300
St. Paul, MN 55101-2139
Grant Program:
Intensive Comprehensive Peace Officer Education and
Training 2024
Grant Contract Agreement No.:
A-ICPOE-2024-RICHFPD-029
Grantee:
City of Richfield, Police Department
6700 Portland Avenue South
Richfield, Minnesota 55423-2560
Grant Contract Agreement Term:
Effective Date: 6/1/2024
Expiration Date: 6/30/2025
Grantee’s Authorized Representative:
Jay Henthorne, Chief of Police
City of Richfield, Police Department
6700 Portland Avenue South
Richfield, Minnesota 55423-2560
(612)861-9828
jhenthorne@richfieldmn.gov
Grant Contract Agreement Amount:
Original Agreement $50,000.00
Matching Requirement $0.00
State’s Authorized Representative:
Kristin Lail, Grants Specialist Coordinator
Office of Justice Programs
445 Minnesota Street, Suite 2300
St. Paul, MN 55101-2139
(651)230-3358
Kristin.lail@state.mn.us
Federal Funding: CFDA/ALN: None
FAIN: N/A
State Funding: Minnesota Session Laws of 2023,
Chapter 52, Article 2, Section 3, Subdivision 8.
Special Conditions: None
Under Minn. Stat. § 299A.01, Subd 2 (4) the State is empowered to enter into this grant contract agreement.
Term: The creation and validity of this grant contract agreement conforms with Minn. Stat. § 16B.98 Subdivision
5. Effective date is the date shown above or the date the State obtains all required signatures under Minn. Stat. §
16B.98, Subdivision 7, whichever is later. Once this grant contract agreement is fully executed, the Grantee may
claim reimbursement for expenditures incurred pursuant to the Payment clause of this grant contract agreement.
Reimbursements will only be made for those expenditures made according to the terms of this grant contract
agreement. Expiration date is the date shown above or until all obligations have been satisfactorily fulfilled,
whichever occurs first.
The Grantee, who is not a state employee, will:
Perform and accomplish such purposes and activities as specified herein and in the Grantee’s approved Intensive
Comprehensive Peace Officer Education and Training 2024 Application (“Application”) which is incorporated by
reference into this grant contract agreement and on file with the State at 445 Minnesota Street, Suite 2300, St.
Paul, Minnesota, 55101-2139. The Grantee shall also comply with all requirements referenced in the Intensive
Comprehensive Peace Officer Education and Training 2024 Guidelines and Application which includes the Terms
and Conditions and Grant Program Guidelines (https://app.dps.mn.gov/EGrants), which are incorporated by
reference into this grant contract agreement.
Budget Revisions: The breakdown of costs of the Grantee’s Budget is contained in Exhibit A, which is attached
and incorporated into this grant contract agreement. As stated in the Grantee’s Application and Grant Program
Guidelines, the Grantee will submit a written change request for any substitution of budget items or any deviation
and in accordance with the Grant Program Guidelines. Requests must be approved prior to any expenditure by
the Grantee.
Matching Requirements: (If applicable.) As stated in the Grantee’s Application, the Grantee certifies that the
matching requirement will be met by the Grantee.
Grant Contract Agreement Page 2 of 2
DPS Grant Contract Agreement Non-State (rev. September 2022)
Payment: As stated in the Grantee’s Application and Grant Program Guidance, the State will promptly pay the
Grantee after the Grantee presents an invoice for the services actually performed and the State's Authorized
Representative accepts the invoiced services and in accordance with the Grant Program Guidelines. Payment will
not be made if the Grantee has not satisfied reporting requirements.
Certification Regarding Lobbying: (If applicable.) Grantees receiving federal funds over $100,000.00 must
complete and return the Certification Regarding Lobbying form provided by the State to the Grantee.
1. ENCUMBRANCE VERIFICATION 3. STATE AGENCY
Individual certifies that funds have been encumbered as
required by Minn. Stat. § 16A.15. Signed: _____________________________________________
(with delegated authority)
Signed: _____________________________________________ Title: ______________________________________________
Date: _______________________________________________ Date: ______________________________________________
Grant Contract Agreement No./ P.O. No. A-ICPOE-2024-RICHFPD-029 /3-94545
Project No.(indicate N/A if not applicable): __N/A___
2. GRANTEE
The Grantee certifies that the appropriate person(s)
have executed the grant contract agreement on behalf of the Grantee
as required by applicable articles, bylaws, resolutions, or ordinances.
Signed: _____________________________________________
Print Name: __________________________________________
Title: _______________________________________________
Date: _______________________________________________
Signed: ______________________________________________
Print Name: __________________________________________
Title: ________________________________________________
Date: ________________________________________________
Signed: ______________________________________________
Print Name: __________________________________________
Distribution: DPS/FAS
Title: ________________________________________________ Grantee State’s Authorized Representative
Date: ________________________________________________
Intensive Comprehensive Peace Officer Education and Training 2024
Organization: Richfield Police Department
EXHIBIT A
A-ICPOE-2024-RICHFPD-029
Budget Summary
ICPOE: Intensive Comprehensive Peace Officer Education and
Training
Budget Category Award
Personnel
Wages - Cadet 1 $22,677.60
Total $22,677.60
Payroll Taxes and Fringe
Fringe Benefits - Cadet 1 $6,722.40
Total $6,722.40
Travel and Training
Tuition and Equipment - Cadet 1 $20,600.00
Total $20,600.00
Total $50,000.00
Page 1 of 103/27/2024
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #3.F.
STAFF RE P ORT NO. 51
CIT Y COUNCIL MEET ING
4/9/2024
RE P O RT P RE PA RE D B Y:John E vans, E xecutive A nalyst
D E PA RTME NT D IRE C TO R RE V IE W:K arl Huemiller, Recreation S ervices D irector
4/2/2024
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
4/3/2024
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consider approval of a resolution authorizing the utilization of a construction manager at risk process
for the W ood Lake Nature Center building project and authorizing staff and the city attorney to
complete the selection process and engage in contract negotiations.
E X E C UT IV E S UM M ARY:
Staff is seeking authorization from Council to use a Construction Manager at Risk (C MA R) process, as
authorized by state statute, to manage the upcoming Wood Lake Nature Center Building Project. The project
will be funded by a combination of grants, liquor store revenue, and local sales tax revenue, if approved in
November.
As part of the statutory process, staff will issue a Request for Qualifications (RFQ) seeking proposals from
interested and qualified parties. The selection committee will review and evaluate responses and prepare a
“short list” of candidates. The selection committee is the same group of staff that has been serving as the core
planning team for the project. I t includes:
-Karl Huemiller, Recreation Services Director
-Paul Smithson, Wood Lake Nature Center Manager
-J oe Powers, City Engineer
-Rachel Lindholm, Sustainability Specialist
-Chad Lunder, Chief Building Official
-Nancy Blankfard, Principal Architect, HGA
After reviewing and scoring the RFQ responses, the selection team will develop and issue a Request for
Proposals (RFP), requesting further information desired from the short-listed proposers. The committee will
then review proposals, conduct interviews, and rank the proposals. Staff will then commence contract
negotiations with the highest-ranking proposer.
The chosen construction manager will agree to a Guaranteed Maximum Price for the project and will be
responsible for the project budget, schedule, and completion.
Staff have been working closely with the City Attorney’s office to develop the required RFQ and RF P
documents. A notice soliciting responses to the RF Q was published on April 4, 2024. To move forward with the
remainder of the process, staff seeks Council approval.
The C MA R schedule is as follows (all dates in 2024):
April 4 RFQ I ssued
April 8 Pre-Qualifications Meeting
April 11 Deadline for questions
April 19 RFQ Addendum I ssued
April 25 RFQ Responses Due
May 3 RFQ Scoring/RFP I ssue to Select Firms
May 21 Proposals Due
May 28 Proposal Scoring-I nterviews Scheduled
J une C M Contract Presented to City Council for Approval
RE C O M M E ND E D AC T I O N:
By motion: Adopt the Resolution authorizing the utilization of a construction manager at risk process
for the W ood Lake Nature Center building project and authorizing staff and the city attorney to
complete the selection process and engage in contract negotiations.
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
F or the last few years, staff and the Richfield community have been determining the future needs of the Wood
L ake Nature C enter facility. S taff has sought input from C ity C ouncil, the C ommunity S ervices C ommission, and
the F riends of Wood L ake, as well as the community of Wood L ake visitors through online and in-person surveys.
S taff applied for, and was awarded grants from Hennepin C ounty and the S tate of Minnesota and has allocated
special revenue funds in the Richfield C apital Improvement P lan. To fund the remainder of the project, a L ocal
S ales Tax referendum will be proposed to residents on the November 2024 ballot.
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:
Wood L ake Nature C enter provides facilities and programs that are accessible to all. Wood L ake's building and
the park itself have no admission fee, so people of any economic situation are free to enjoy the facility. The new
building will also be free for the public to enter and will include environmental education features and displays. A ll
facilities proposals will be evaluated for 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 has seen diverse community 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:
B y replacing outdated facilities and continuing to upgrade Wood L ake's infrastructure as needed, it can better
reach the core goals of providing environmental education to all people, regardless of income, gender, race, age,
or any other demographic designation.
C .P OL IC IE S (resolutions, ordinances, regulations, statutes, exc):
S taff seeks C ouncil approval to engage in the construction manager at risk procedure authorized by Minnesota
S tatutes, S ection 471.463. The attached Resolution authorizes staff to do so.
D .C R IT IC AL T IMIN G IS S U E S:
In order to comply with the planned project timeline, staff will need to proceed in a timely manner with the Request
for Qualifications process.
E .F IN AN C IAL IMPAC T:
A C onstruction Manager at Risk model is utilized to guarantee that a project complies with a maximum project
cost, construction schedule, and quality of work expectations.
F.L E GAL C ON S ID E R AT ION:
S taff have been working with the C ity A ttorney to ensure compliance with the construction manager at risk
statutory process.
ALT E R N AT IV E R E C OMME N D AT ION(S):
Reject the resolution and possibly delay the planning of the Wood L ake B uilding P roject.
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 MA R RF Q S election-W L NC Resolution L etter
1
RC145-763-942226.v4
CITY OF RICHFIELD
RESOLUTION NO. ____
A RESOLUTION AUTHORIZING THE UTILIZATION OF A CONSTRUCTION
MANAGER AT RISK PROCEDURE FOR THE WOOD LAKE NATURE CENTER
BUILDING PROJECT
BE IT RESOLVED, by the City Council of the City of Richfield as follows:
WHEREAS, Minnesota Statutes § 471.345, subd. 3b provides the City with authority to
award contracts over $175,000.00 for construction, alteration, repair, or maintenance work to a
construction manager at risk as provided in Minnesota Statutes§ 471.463; and
WHEREAS, Minnesota Statutes § 471.463, subd. 1 (b) defines a “construction manager at
risk” as an individual, corporation or other legal entity who is selected by the City to act as a
construction manager to manage the construction process, including but not limited to
responsibility for the price, schedule, and workmanship of the construction performed; and
WHEREAS, Minnesota Statutes § 471.463, subd. 1 (c) defines a “construction manager at
risk contract” as a contract for construction of a project between a construction manager at risk
and a municipality, which shall include a guaranteed maximum price, construction schedule, and
workmanship of the construction performed; and
WHEREAS, Minnesota Statutes§ 471.463 provides the City with authority to use a
construction manager at risk method of project delivery and to award a construction manager at
risk contract based on the selection criteria and process described in the statute; and
WHEREAS, the construction manager at risk process includes creation of a selection
committee, issuance of a request for qualifications (RFQ) and request for proposals (RFP),
evaluation of responses, interviews of proposers, and final contract negotiations; and
WHEREAS, at a City Council work session on December 12, 2023, staff presented
information to the Council regarding the Wood Lake Nature Center construction project including
selection of an Architectural firm for the design and construction administration of the project, as
well as staff’s recommendation to proceed with the construction manager at risk process for
construction of the project.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield
as follows:
1. The City Council approves use of the construction manager at risk method of project
delivery for the Wood Lake Nature Center building project.
2
RC145-763-942226.v4
2.The City Council approves and concurs with the appointment of the following
individuals to the construction manager at risk selection committee:
a.Karl Huemiller, Recreation Services Director
b.Paul Smithson, Wood Lake Nature Center Manager
c.Joe Powers, City Engineer
d.Chad Lunder, Chief Building Official
e.Brittany Bartlett, Equity Coordinator
f.Rachel Lindholm, Sustainability Specialist
g.Nancy Blankfard, Principal Architect, HGA
3.City staff, the city attorney, and other required City consultants are authorized to take
all necessary steps to carry out the construction manager at risk selection process,
including but not limited to issuance of the RFQ and RFP, evaluation of proposals,
interviews of proposers and negotiation of a contract.
ADOPTED by the City Council of the City of Richfield, Minnesota this 9th day of April
2024.
Mary B. Supple, Mayor
ATTEST:
Dustin Leslie, City Clerk
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #3.G.
STAFF RE P ORT NO. 52
CIT Y COUNCIL MEET ING
4/9/2024
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
4/2/2024
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
4/3/2024
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 C D C Infrastructure grant services agreement with the City of
Bloomington, effective January 1, 2024 - November 30, 2027.
E X E C UT IV E S UM M ARY:
Minnesota was awarded $42.9 million for the Strengthening the U.S. Public Health I nfrastructure, Workforce,
and Data Systems grant (C D C I nfrastructure Grant). Community health boards will receive 40% of the funds
awarded to Minnesota for the W orkforce portion of the grant. This is $16.4 million to community health boards
for use over a five-year period.
The purpose of the funding is to recruit, retain, and train a skilled and diverse public health workforce, address
longstanding public health infrastructure needs, and increase the size of the public health workforce.
RE C O M M E ND E D AC T I O N:
By Motion: Approve the C D C Infrastructure grant services agreement with the City of Bloomington,
effective January 1, 2024 - November 30, 2027.
B AS IS O F RE C O M M E ND AT I O N:
A .H IS TOR IC AL C ON T E X T
T his grant funding is intended to be very flexible, and activities may include:
S upporting and sustaining the public health workforce
Retaining public health staff
Training new and existing public health staff
S trengthening workforce planning, systems, processes, and policies
Recruiting and hiring new public health staff
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
Work under the grant will include an equity lens.
C .P OL IC IE S (resolutions, ordinances, regulations, statutes, exc):
D .C R IT IC AL T IMIN G IS S U E S:
E .F IN AN C IAL IMPAC T:
F.L E GAL C ON S ID E R AT ION:
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
C D C Infrastructure Grant S ervices A greement C over Memo
Agreement ID: 2024-161
1
PUBLIC HEALTH INFRASTRUCTURE 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 agency operating in accordance with all applicable federal and state requirements.
B. Bloomington’s Division of Public Health provides Public Health Infrastructure Services to
recruit, retain, and train a skilled and diverse Public Health workforce (“PH Infrastructure
Services”).
C. Richfield wishes to promote, support, and maintain the health of its residents by providing PH
Infrastructure Services to its residents, and desires to contract with Bloomington to provide
such PH Infrastructure 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 PH Infrastructure 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 agreement 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 PH Infrastructure 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: 2024-161
2
AGREEMENT
1. Services to be Provided. Bloomington agrees to provide the residents of Richfield PH
Infrastructure 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 November 30, 2027 unless terminated by either party
or amended pursuant to the Agreement.
3. Consideration. The consideration, which Richfield shall pay to Bloomington, shall not
exceed $152,324.00, 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 pay 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: 2024-161
3
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 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: 2024-161
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 any written
consent to an assignment, no assignment will release or discharge the assi gnor 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: 2024-161
5
of these courts, whether based on convenience or otherwise. These obligations survive
termination of this Agreement.
16. Conflict of Interest. Bloomington 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 PH Infrastructure
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. Each Party 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: 2024-161
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: 2024-161
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.
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: 2024-161
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: 2024-161
9
EXHIBIT A TO SERVICES AGREEMENT BETWEEN THE MINNESOTA CITIES OF
BLOOMINGTON AND RICHFIELD
SCOPE OF SERVICES
The purpose of this funding is to recruit, retain, and train a skilled and diverse
public health workforce, address longstanding public health infrastructure
needs, and increase the size of the public health workforce. More details and
examples of activities supported by these duties can be found in the CDC
Federal Infrastructure Grant Guide for CHBs found on the MDH website.
The programmatic duties must be completed and awarded funds expended by
November 30, 2027 unless Grantee is notified in writing by MDH's Authorized
Representative, or their designee, that the budget period is being extended.
1. Grantee shall undertake any or all the activities in the following areas:
• Support and sustain the public health workforce. This could
include, but is not limited to, strengthening workplace well-being
programs and expanding engagement with the workforce to
address their mental, emotional, and physical well-being.
• Retain public health staff. This could include, but is not limited
to, strengthening retention incentives, creating promotional
opportunities, and transition staff to other hiring mechanisms.
• Train new and existing public health staff. This could include, but
is not limited to, improving the quality and scope of training and
professional development opportunities for all staff.
• Strengthen workforce planning, systems, processes, and policies. This
could include but is not limited to, maintaining and upgrading human
resource systems, identifying ways to better collect and use
workforce data, and identifying policies that could facilitate more
efficient and effective workforce development and management.
• Recruit and hire new public health staff. This could include, but
is not limited to, expanding recruitment efforts, creating new
positions, improving hiring incentives, and creating new hiring
mechanisms.
Agreement ID: 2024-161
10
EXHIBIT B TO 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 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 $152,324.00 for PH Infrastructure Services.
Share of Total Cost
Allocation Method Bloomington Edina Richfield
Costs shared based on
population and community
resilience estimates
46% 29% 25%
B. Bloomington will provide quarterly itemized invoices to Richfield on the following dates:
Invoice Dates:
April 15
July 15
October 15
January 15
C. Richfield shall make payments to Bloomington within 30 days of receipt of
Bloomington’s invoice.
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #3.H.
STAFF RE P ORT NO. 53
CIT Y COUNCIL MEET ING
4/9/2024
RE P O RT P RE PA RE D B Y:Jay Henthorne, D irector of P ublic S afety/C hief of P olice
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
4/2/2024
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
4/3/2024
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
The Urban Area Security Initiative (U AS I) program funds address the unique risk-driven and
capabilities-based planning, organization, equipment, training and exercise needs of high-threat, high-
density Urban Areas based on the capability targets identified during the T H IR A process and
associated assessment efforts; and assists them in building an enhanced and sustainable capacity to
prevent, protect against, mitigate, respond to, and recover from acts of terrorism.
E X E C UT IV E S UM M ARY:
The City of Richfield Police Department recently applied to participate in the Urban Area Security I nitiative
(UA S I ) grant. This grant provides funds to be used for training and/or equipment. The City of Richfield Police
Department would like to purchase three level three ballistic shields to be deployed within the patrol division.
RE C O M M E ND E D AC T I O N:
Approve the U AS I Grant agreement. The grant funds will be used to purchase three level 3 ballistic
shields for the patrol division.
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
S tandard city business
C .P OL IC IE S (resolutions, ordinances, regulations, statutes, exc):
D .C R IT IC AL T IMIN G IS S U E S:
The C ouncil could choose to not sign this agreement, which would make this UA S I agreement null and void with
the S tate of Minnesota.
E .F IN AN C IAL IMPAC T:
F.L E GAL C ON S ID E R AT ION:
ALT E R N AT IV E R E C OMME N D AT ION(S):
P R IN C IPAL PAR T IE S E X P E C T E D AT ME E T IN G:
AT TAC H ME N T S:
D escription Type
A greement C ontract/A greement
Grant Contract Agreement Page 1 of 2
DPS Grant Contract Agreement Non-State (rev. September 2022)
Minnesota Department of Public Safety (“State”)
Homeland Security and Emergency Management
Division
445 Minnesota Street, Suite 223
St. Paul, MN 55101-2190
Grant Program:
2023 (UASI) Urban Area Security Initiative
Grant Contract Agreement No.:
A-UASI-2023-RICHFPD-013
Grantee:
Richfield Public Safety
6700 Portland Ave S
Richfield, MN 55423-2560
Grant Contract Agreement Term:
Effective Date: 01/01/2024
Expiration Date: 06/30/2025
Grantee’s Authorized Representative:
Richfield Police Department
ATTN: Bill Stanger
6700 Portland Ave S
Richfield, MN 55423-2560
Phone: 612-861-9800
Email: bstanger@richfieldmn.gov
Grant Contract Agreement Amount:
Original Agreement $ 12,525.00
Matching Requirement $ 0.00
State’s Authorized Representative:
Homeland Security and Emergency Management
ATTN: Brittany Wilber
445 Minnesota Street, Suite 223
St. Paul, MN 55101-2190
Phone: 651-201-7451
Email: brittany.wilber@state.mn.us
Federal Funding: CFDA/ALN: 97.067
FAIN: EMW-2023-SS-00009
State Funding: None
Special Conditions: None
Under Minn. Stat. § 299A.01, Subd 2 (4) the State is empowered to enter into this grant contract agreement.
Term: The creation and validity of this grant contract agreement conforms with Minn. Stat. § 16B.98 Subdivision
5. Effective date is the date shown above or the date the State obtains all required signatures under Minn. Stat. §
16B.98, Subdivision 7, whichever is later. Once this grant contract agreement is fully executed, the Grantee may
claim reimbursement for expenditures incurred pursuant to the Payment clause of this grant contract agreement.
Reimbursements will only be made for those expenditures made according to the terms of this grant contract
agreement. Expiration date is the date shown above or until all obligations have been satisfactorily fulfilled,
whichever occurs first.
The Grantee, who is not a state employee, will:
Perform and accomplish such purposes and activities as specified herein and in the Grantee’s approved 2023
(UASI) Urban Area Security Initiative Application [“Application”] which is incorporated by reference into this
grant contract agreement and on file with the State at 445 Minnesota Street, Suite 223, St. Paul, MN 55101-2190.
The Grantee shall also comply with all requirements referenced in the 2023 (UASI) Urban Area Security Initiative
Guidelines and Application which includes the Terms and Conditions and Grant Program Guidelines
(https://app.dps.mn.gov/EGrants), which are incorporated by reference into this grant contract agreement.
Budget Revisions: The breakdown of costs of the Grantee’s Budget is contained in Exhibit A, which is attached
and incorporated into this grant contract agreement. As stated in the Grantee’s Application and Grant Program
Guidelines, the Grantee will submit a written change request for any substitution of budget items or any deviation
and in accordance with the Grant Program Guidelines. Requests must be approved prior to any expenditure by
the Grantee.
Matching Requirements: (If applicable.) As stated in the Grantee’s Application, the Grantee certifies that the
matching requirement will be met by the Grantee.
Grant Contract Agreement Page 2 of 2
DPS Grant Contract Agreement Non-State (rev. September 2022)
Payment: As stated in the Grantee’s Application and Grant Program Guidance, the State will promptly pay the
Grantee after the Grantee presents an invoice for the services actually performed and the State's Authorized
Representative accepts the invoiced services and in accordance with the Grant Program Guidelines. Payment will
not be made if the Grantee has not satisfied reporting requirements.
Certification Regarding Lobbying: (If applicable.) Grantees receiving federal funds over $100,000.00 must
complete and return the Certification Regarding Lobbying form provided by the State to the Grantee.
1. ENCUMBRANCE VERIFICATION 3. STATE AGENCY
Individual certifies that funds have been encumbered as
required by Minn. Stat. § 16A.15. Signed: _____________________________________________
(with delegated authority)
Signed: _____________________________________________ Title: ______________________________________________
Date: _______________________________________________ Date: ______________________________________________
Grant Contract Agreement No. / P.O. No. A-UASI-2023-RICHFPD-013/ PO# 3000094052
Project No. N/A
2. GRANTEE
The Grantee certifies that the appropriate person(s)
have executed the grant contract agreement on behalf of the Grantee
as required by applicable articles, bylaws, resolutions, or ordinances.
Signed: _____________________________________________
Print Name: __________________________________________
Title: _______________________________________________
Date: _______________________________________________
Signed: ______________________________________________
Print Name: __________________________________________
Title: ________________________________________________
Date: ________________________________________________
Signed: ______________________________________________
Print Name: __________________________________________
Distribution: DPS/FAS
Title: ________________________________________________ Grantee State’s Authorized Representative
Date: ________________________________________________
2023 (UASI) Urban Area Security Initiative
Organization: Richfield Police Department
EXHIBIT A
A-UASI-2023-RICHFPD-013
Budget Summary (Report)
UASI-2023-IJ#08: Soft Trgt & Crwd Places
Budget Category Awarded
Equipment
EAL Number: 01LE-01-SHL: Tactical Level 3 Ballistic Shields $12,525.00
Total $12,525.00
Total $12,525.00
Allocation $12,525.00
Balance $0.00
Page 1 of 102/24/2024
AGENDA SECTION:PROPOSED
ORDINANCES
AGENDA ITEM #5.
STAFF RE P ORT NO. 54
CIT Y COUNCIL MEET ING
4/9/2024
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
4/3/2024
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consider the second 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
General 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 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:
1. Approve the second reading of the ordinance amending Subsection 210.01 of the City
Code re late d to City Council salaries; and
2. Approve a re solution authorizing summary publication of said ordinance s.
B AS IS O F RE C O M M E ND AT I O N:
A .H IS TOR IC AL C ON T E X T
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:
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
2023 Transitory Ordinance S ummary- C ouncil P ay Resolution L etter
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
RESOLUTION NO.
RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDING
SECTION 210 RICHFIELD CITY CODE PERTAINING TO CITY COUNCIL SALARIES
WHEREAS, the City of Richfield has adopted the above referenced ordinance; and
WHEREAS, the verbatim text of the ordinance is cumbersome, and the expense of
publication of the complete text is not justified.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield
that the following summary is hereby approved for official publication:
SUMMARY PUBLICATION
ORDINANCE NO.
AN ORDINANCE GRANTING AN ORDINANCE AMENDING SECTION 210 RICHFIELD
CITY CODE PERTAINING TO CITY COUNCIL SALARIES
This summary of the ordinance is published pursuant to Section 3.12 of the
Richfield City Charter.
The purpose of the ordinance is to amend Subsection 210.01 of the City Code related
to City Council salaries for 2025 and 2026.
Copies of the ordinance are available for public inspection in the City Clerk’s office
during normal business hours or upon request by calling the Executive Department at
(612) 861-9712.
Adopted by the City Council of the City of Richfield, Minnesota on this 9th day of April
2024.
Mary B. Supple, Mayor
ATTEST:
Dustin Leslie, City Clerk
AGENDA SECTION:OTHER BUSINESS
AGENDA ITEM #6.
STAFF RE P ORT NO. 55
CIT Y COUNCIL MEET ING
4/9/2024
RE P O RT P RE PA RE D B Y:Jay Henthorne, D irector of P ublic S afety/C hief of P olice
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
3/28/2024
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
4/3/2024
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Notification regarding the Richfield Police Department’s planned acquisition of unmanned aerial
vehicles (U AVs) and providing an opportunity for public comment at a regularly scheduled meeting. No
other council considerations/decisions are required.
E X E C UT IV E S UM M ARY:
Unmanned aerial vehicles (UAVs), commonly referred to as drones, are used to assist law enforcement with
public safety and emergency responses. Law enforcement agencies across the country have utilized UAVs
because of the beneficial impact on public safety including the ability to gather information in response to real-
time emergencies, missing persons, crime scene documentation, fugitive searches, assessing severe weather
damage, community events, and traffic accident mapping. The Richfield Police Department plans to join the
100+ other law enforcement agencies in Minnesota with its own UAV program.
The City's use of the drones will be guided by Minnesota State Statute 626.19 which governs the use of
unmanned aerial vehicles by law enforcement. The statute requires a law enforcement agency to provide an
opportunity for public comment before it purchases or uses a UAV. At a minimum, the agency must accept
public comments submitted electronically or by mail. The governing body with jurisdiction over the budget of a
local law enforcement agency must provide an opportunity for public comment at a regularly scheduled
meeting. To fulfill this requisite, the Richfield Police Department will accept public comment through an online
survey (via the department’s Facebook page) and through an opportunity for comment at a Richfield city
council meeting.
RE C O M M E ND E D AC T I O N:
Notification regarding the Richfield Police Department’s planned acquisition of unmanned aerial
vehicles (U AVs) and providing an opportunity for public comment at a regularly scheduled meeting. No
other council considerations/decisions are required.
B AS IS O F RE C O M M E ND AT I O N:
A .H IS TOR IC AL C ON T E X T
B .E QU ITAB L E OR S T R AT E GIC C ON S ID E R AT ION S OR IMPAC T S
C .P OL IC IE S (resolutions, ordinances, regulations, statutes, exc):
F ederal law, state law, and local policies would regulate the use of department UAV s:
The F ederal Aviation A dministration regulates the use of unmanned aerial vehicles. The department would
comply with any/all federal regulations.
Minnesota S tate S tatute 626.19 governs the use of unmanned aerial vehicles by law enforcement including data
collection and retention, training, reporting requirements, and response to public safety emergencies. The
department would comply with any/all state regulations.
D .C R IT IC AL T IMIN G IS S U E S:
E .F IN AN C IAL IMPAC T:
Initial costs for three drones, pilot training, additional batteries, software, and accessories are estimated at
$31,600. The amount will be funded by the department’s forfeiture fund as designated by state statute.
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
UAV P owerP oint B ackup Material
Richfield Police DepartmentUnmanned Aircraft Vehicles “Drones”
UAVBenefitsForce Multiplier• Provides the ability to cover a larger area in a short amount of time• Quickly deploy UAV to search area for suspects and missing personsSituational Awareness Live Feed• Provide officers live accurate information to help with decision making
Life Safetyhttps://www.fox9.com/news/thermal-drone-video-shows-moment-missing-becker-minnesota-boy-dog-were-found
Current Operations• Over 80 Public Safety Agencies currently use UAV technology throughout Minnesota. Numerous others are currently taking the steps necessary to start their own programs, providing their communities with invaluable technology and life-saving capabilities. • According to the FAA there are currently:• 50,000 Public Safety Agencies with UAV programs in the United States• 17,985 Law Enforcement Agencies
UAV Program Staffing• Program Commander – Oversees the UAV program and ensure that department policies and state/federal laws are followed. The Commander will approve training, ensure proper data collection and reporting to the BCA/FAA.• Sergeant – Head of the day-to-day operations. Responsible for training, documentation and supervision of UAV pilots.• Lead Pilot: Training, maintenance and inventory of aircraft.
Potential DeploymentScenarios• Life Safety – Search and rescue of vulnerable or missing adults and children.• Emergency situations that pose a public safety risk.• Water rescue, flood/weather assessment, natural disaster response. • Crime scene and accident reconstruction mapping.• Community Engagement.• Public works/inspections.
FAA Rules and Regulations• Must fly at or below 400 feet.• Drone needs to kept within visual line of sight.• Can’t fly in restricted airspace without a waiver from the FAA.• UAV must yield the right of way to all aircraft.• UAV must not fly over crowds of people.
MN State Statute 626.19• All authorized uses will comply with MN State Statute 626.19(2) which requires a search warrant, except as provided in 626.19(3).• UAV are shown to significantly reduce the exposure of the community to life and safety risks by allowing first responders to leverage time, distance and cover when handling violent, dangerous and treacherous situations.
Prohibited Use per 626.191. The agency must comply with all FAA requirements and standards.2. The agency must not deploy a UAV with facial recognition or other biometric-matching technology unless expressly authorized by a warrant.3. The agency must not equip a UAV with weapons.4. The agency must not use a UAV to collect data on public protests or demonstrations unless expressly authorized by a warrant or an exception applies under subdivision 3.
Authorized uses per 626.191. During or in the aftermath of an emergency situation that involves the risk of death or bodily harm to a person.2. Over a public event where there is a heightened risk to the safety of participants or bystanders.3. To counter the risk of a terrorist attack by a specific individual or organization if the agency determines that credible intelligence indicates a risk.4. To prevent the loss of life and property in natural or man-made disasters and to facilitate operational planning, rescue, and recovery operations in the aftermath of these disasters.5. To conduct a threat assessment in anticipation of a specific event.6. To collect information from a public area if there is reasonable suspicion of criminal activity.7. To collect information for crash reconstruction purposes after a serious or deadly collision occurring on a public road.8. Over a public area for officer training or public relations purposes.9. For purposes unrelated to law enforcement at the request of a government entity provided that the government entity makes the request in writing to the law enforcement agency and specifies the reason for the request and proposed period of use.
UAS Agency Data• BCA Agency statistics for 2022 (statistics for 2023 have not been published): 98 agencies reported using UAS in a total of 3076 deployments.• 1,328 were for training or public relations purposes.• 699 were during or in the aftermath of an emergency situation that involves the risk of death or bodily harm to a person• 488 were for crash reconstruction purposes• 561 for other uses regarding public safety
Transparency and Accountability• Every use of the UAV will be reviewed before approval by a unit supervisor and each flight will be thoroughly documented.• Third-party software will store and upload all flight data. This includes the dates, times, altitude, speed and direction of the UAV and camera. Any complaints can be thoroughly investigated with the stored flight data. • UAV flights, program costs and additional data requirements will be sent to the FAA monthly and BCA annually based on statute.
Privacy• The agency must not use an UAV to conduct random surveillance activities (626.19). • Drones will be deployed to targeted, felony level crimes• K9 searches • State Patrol helicopter • NO facial recognition capabilities (State Statute, Policy, RPD does NOT use it, consumer drones) • Deployment will be to look for a specific suspect(s). We are not looking for additional crimes or as a proactive tool.• Non-evidentiary footage must be deleted as soon as possible and in no event later than 7 days after collection.