04-23-2024 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
APR IL 23, 2024
7:00 P M
IN TR O D U C TO RY P R O C E E D IN G S
C all to order
P ledge of A llegiance
Open forum
C all into the open forum by dialing 1-415-655-0001 U se webinar access code: 2634 327 8930 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 A pril 9, 2024; and (2) C ity C ouncil Meeting of A pril 9,
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 to recognize A rbor D ay 2024.
3.P roclamation C elebrating Martin "Marty" K irsch for his exemplary service and unwavering commitment to
Richfield
4.Consent Calendar contains several separate items, which are acted upon by the City Council in one
motion. Once the Consent Calendar has been approved, the individual items and recommended
actions have also been approved. No further Council action on these items is necessary. However, any
Council Member may request that an item be removed from the Consent Calendar and placed on the
regular agenda for Council discussion and action. All items listed on the Consent Calendar are
recommended for approval.
A .C onsider Richfield F ire D epartment membership with the Hennepin C ounty F ire C hief's A ssociation
S taff Report No. 56
B .C onsider a resolution authorizing staff to submit an application for an equipment voucher rebate
via the E nergy E fficiency C onservation B lock Grant (E E C B G) P rogram, and authorize staff to execute an
agreement if the project is approved by the D epartment of E nergy (D O E ).
S taff Report No. 57
C .C onsider a resolution authorizing the execution of an agreement with the F ederal D epartment of Housing
and Urban D evelopment (HUD ) for an E conomic D evelopment Initiative-C ommunity P roject F unding Grant
in the amount of $3,000,000 to assist with funding of the Wood L ake Nature C enter B uilding P roject.
S taff Report No. 58
D .C onsider approval of a resolution of support for a C ommunity P roject F unding (C P F ) grant application for
design plan development for the replacement of the 73rd S treet P edestrian B ridge over I-35W.
S taff Report No. 59
5.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
6.C onsider approval of the second 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. 60
R E S O L U T IO N S
7.Implement the C ompensation and C lassification S tudy findings and approve recommended General and
S pecialized P ay Grades and P ay P lans.
S taff Report No. 61
C IT Y MAN AG E R’S R E P O R T
8.C ity Manager's Report
C LAIMS AN D PAYR O L LS
9.C laims and P ayroll
C O U N C IL D ISC U SSIO N
10.Hats Off to Hometown Hits
11.A djournment
Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96
hours in advance to the City Clerk at 612-861-9739.
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
City Council Work Session
April 9, 2024
CALL TO ORDER
Mayor Supple called the work session to order at 6:00 p.m. in the Bartholomew Room.
Council Members
Present:
Council Members
Absent:
Mary Supple, Mayor; Simon Trautmann, Ben Whalen; and Sean Hayford
Oleary
Sharon Christensen
Staff Present:
Katie Rodriguez, City Manager; Karl Huemiller, Recreation Services
Director; Mike Dobesh, Fire Chief; Sack Thongvanh, Assistant City
Manager; Jay Henthorne, Police Chief; Jamie Haefner, HR Manager; Dustin
Leslie, City Clerk
ITEM #1
CONSIDER OPTIONS TO IMPLEMENT THE BAKER TILLY COMPENSATION AND
CLASSIFICATION STUDY
City Manager Rodriguez thanked staff who were involved in the process. She then gave the
presentation covering: project overview, market assessment, pay plans, results, transition options, and
the recommendation of Option 1 plus.
HR Manager Haefner summarized employee feedback received.
Assistant City Manager Thongvanh thanked the compensation and classification committee for
their work during the process.
Council Member Trautmann and City Manager Rodriguez spoke about the cost and how it would
affect the levy and budget.
Council Members agreed that Option 1 Plus would be the best option to move forward with.
ADJOURNMENT
Mayor Supple adjourned the work session at 6:26 pm.
Date Approved: April 23, 2024
City Council Work Session Minutes
-2- April 9, 2024
Mary B. Supple
Mayor
Kelly Wynn Katie Rodriguez
Interim 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; Simon Trautmann; Sean Hayford Oleary;
and Ben Whalen
Council Members
Absent:
Sharon Christensen
Staff Present:
Katie Rodriguez, City Manager; Mary Tietjen, City Attorney; Jay
Henthorne, Public Safety Director/Police Chief; and Dustin
Leslie, City Clerk
PLEDGE OF ALLEGIANCE
Mayor Supple led the Pledge of Allegiance.
OPEN FORUM
Mayor Supple reviewed the options to participate:
Participate live by calling 1-415-655-0001 during the open forum portion
Call prior to meeting 612-861-9711
Email prior to meeting kwynn@richfieldmn.gov
Heidi Gaibor, 6915 Wentworth, asked for clarification regarding the Woodlake Nature Center
building. She noted the city was asking for citizen input on the building, but she saw in the Sun Current
newspaper a notice for a construction manager which included specifications of what was included.
She noted without full funding yet and the city still asking for citizen input how long had specific plans
been set for the teardown and construction of the new building. She also indicated the new building
was proposed to be nearly five times the size of the current building. She asked if the new building
would have a fitness center and an event center. She requested the city be transparent in what was
actually happening with this project.
Larry Ernster, 6727 Elliot Avenue, noted tonight was the second reading of the salary proposal
and it appeared they wanted to increase the salaries by thousands of dollars and the citizens could face
a seven percent property levy. He asked if what they proposed qualified as a reading since no decision
had been made as to what the Council was going to do.
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Council Meeting
April 9, 2024
City Council Meeting Minutes -2- April 9, 2024
APPROVAL OF MINUTES
M/Hayford Oleary, S/Trautmann to approve the minutes of the: (1) City Council Work Session
of March 26, 2024; (2) Regular City Council Meeting of March 26, 2024.
Motion carried: 4-0
ITEM #1
APPROVE THE AGENDA
M/Trautmann, S/Hayford Oleary to approve the Agenda.
Motion carried: 4-0
ITEM #2
PROCLAMATION CELEBRATING ARAB AMERICAN HERITAGE MONTH
Mayor Supple invited Michael Zazzera to accept the proclamation and read aloud the
proclamation.
Michael Zazzera, encouraged all members of the community to listen to their Arab neighbors to
learn from them and elevate their voices.
ITEM #3
CONSENT CALENDAR
City Manager Rodriguez presented the consent calendar.
A. Consider approval of first reading of an ordinance amending Section 925 relating to the
abatement of public health nuisances and assessment of abatement costs to property (Staff
Report No. 46)
B. Consider the approval of a new Opioid Services Agreement with the City of Bloomington,
effective January 1, 2024 – December 31, 2028 (Staff Report No. 47)
C. Consider the adoption of a resolution identifying the need for Livable Communities Policy
Development funding and authorizing an application for grant funds. (Staff Report No. 48)
RESOLUTION NO. 12195
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
D. Consider a request for an amended Planned Unit Development for a time extension of, and
amendments to the construction agreement for a multi-story parking ramp at 1401 – 77th
Street East (Audi Richfield) (Staff Report No. 49)
City Council Meeting Minutes -3- April 9, 2024
RESOLUTION NO. 12196
RESOLUTION APPROVING AN AMENDMENT TO THE
CONSTRUCTION AGREEMENT FOR A MULTI-STORY
PARKING STRUCTURE FOR AUDI RICHFIELD AT 1401
– 77TH STREET EAST
E. 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 (OJP) to fund a non-traditional
police officer candidate (Staff Report No. 50)
F. Consider the approval of a resolution authorizing the utilization of a construction manager at
risk process for the Wood Lake Nature Center building project and authorizing staff and the
city attorney to complete the selection process and engage in contract negotiations (Staff
Report No. 51)
RESOLUTION NO. 12197
RESOLUTION AUTHORIZING THE UTILIZATION OF A
CONSTRUCTION MANAGER AT RISK PROCEDURE
FOR THE WOOD LAKE NATURE CENTER BUILDING
PROJECT
G. Consider the approval of the CDC Infrastructure grand services agreement with the City of
Bloomington effective January 1, 2024 – November 30, 2027. (Staff Report No. 52)
H. The Urban Area Security Initiative (UASI) 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 THRA
process and associated assessment mitigate, respond to, and recover from acts of terrorism.
(Staff Report No. 53)
M/Trautmann, S/Whalen to approve the consent calendar.
Mayor Supple thanked the staff for the grant writing they have been doing.
Motion carried: 4-0
ITEM #4
CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT
CALENDAR.
None.
ITEM #5
CONSIDER THE SECOND READING OF AN ORDINANCE AMENDING
SUBSECTION 210.01 OF THE CITY CODE RELATED TO CITY COUNCIL
SALARIES FOR 2025 AND 2026 (STAFF REPORT NO. 54)
Council Member Whalen presented Staff Report 54.
M/Whalen, S/Trautmann to approve an Ordinance Amending Section 210 Richfield City Code
Pertaining to City Council Salaries and approve a Resolution authorizing summary publication
of said Ordinance.
City Council Meeting Minutes -4- April 9, 2024
BILL NO. 2024-04
AN ORDINANCE AMENDING SECTION 210
RICHFIELD CITY CODE PERTAINING TO
CITY COUNCIL SALARIES
RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDING
SECTION 210 RICHFIELD CITY CODE PERTAINING TO CITY COUNCIL SALARIES
SUMMARY PUBLICATION
RESOLUTION NO. 12198
AN ORDINANCE GRANTING AN ORDINANCE AMENDING SECTION 210 RICHFIELD
CITY CODE PERTAINING TO CITY COUNCIL SALARIES
Mayor Supple requested an explanation of the steps for the budget process. City Manager
Rodriguez explained that process and indicated this was only for elected positions. She noted what the
Council had discussed at the work session was the specialized pay plans and looked at updating those
plans.
Motion carried: 4-0
ITEM #6
NOTIFICATION REGARDING THE RICHFIELD POLICE DEPARTMENT’S
PLANNED ACQUISITION OF UNMANNED AERIAL VEHICLES (UAV’S) AND
PROVIDING AN OPPORTUNITY FOR PUBLIC COMMENT AT THE REGULARLY
SCHEDULED MEETING. NO OTHER COUNCIL CONSIDERATION/DECISIONS
ARE REQUIRED. (STAFF REPORT NO. 55)
Council Member Trautmann presented Staff Report 55 and opened it for public comment.
Larry Ernster, 6727 Elliott Avenue South, stated he supported this. He pointed out again the
process with Item G of the Consent Calendar and mismanagement. He also questioned Item B and
the mismanagement. Council Member Trautmann asked if it was appropriate to have ongoing public
comment that was not responsive to the topic of the public hearing.
Mayor Supple requested Mr. Ernster only make comments for the current item. Mr. Ernster
responded he was in favor of and supported the acquisition of drones.
City Manager Rodriguez stated she had misspoken previously, and this was not a public hearing,
but rather public comment.
Police Chief Henthorne stated the Aerial Vehicle program had been modeled after other
communities as well as following Federal and State Statutes.
Sargeant Cory Smith presented the Aerial Vehicle program including the UAV benefits including
the ability to cover larger areas in shorter amounts of time, it would extend the ability on the ground by
giving them a bigger picture of the situation, it can quickly deploy UAV search areas for suspects and
missing persons, and it gives them a situational awareness by providing a live feed, along with providing
officers accurate information for them to be able to make decisions during events.
Council Member Trautman recognized this was an important and useful tool, especially for the
Wood Lake area. He noted there were also other ways of recognizing people other than facial
recognition. He stated for privacy concerns he indicated people’s civil liberties were being taken
City Council Meeting Minutes -5- April 9, 2024
seriously, but he did still have concerns. He stated he would like to see a policy on how the data was
being retained, under what circumstances that data would be shared with other agencies, and how the
data would be collected. Sergeant Smith noted these would be consumer drones, so they would not
have a high level of technology, and they would not be purchasing anything that violated State Statute.
He indicated any data received would only be used for evidentiary purposes, which was no different
than a body camera, squad camera, or surveillance video. He noted anything deemed unnecessary
would be deleted. He stated they would work on getting a draft policy prepared.
Council Member Hayford Oleary asked when would the public be able to make comment on
this. Chief Henthorne responded this would be put on the Department’s Facebook page by the end of
the week and it would be available for a couple of weeks. He indicated he would share the results with
Council.
Council Member Hayford Oleary requested this information also be put on the City’s Facebook
page and information be given out by email. He inquired if the State Statute changed, would the City
be required to notify the public of this change in policy also. Chief Henthorne responded he believed if
there were any statutory changes, the City would change the policy, and he did not think they would
need to get public comment on these changes. City Attorney Tietjen responded that she agreed with
Chief Henthorne’s interpretation.
Council Member Hayford Oleary asked what would happen if the drone picked up other crimes
while pursuing something else. He asked if that was a violation of the policy. Sargeant Smith responded
the drone could be deployed for officer specified training, but otherwise, it could only be deployed for
specific things. He indicated it could not be used to look for crimes.
Council Member Whalen reiterated that the drones would be the type of drones available to
consumers which he believed was important. He requested pictures of the done be put in any
announcements, so people knew what they looked like. Sargeant Smith responded he would do that
and noted the drones were not military grade and could be bought from Best Buy or some other retailer.
He indicated these drones would not be anything out of the ordinary. He noted they were also looking
at smaller drones that could be used indoors which could aid the Fire Department when searching for
someone inside a structure fire. He stated the different size drones would be used for different
scenarios.
Mayor Supple noted people could also comment on this at an Open Forum if they wanted.
Mary Ann Kelly, 6926 Wentworth, stated she was in favor of drones. She asked what the cost
would be to acquire the drones and whose budget did they came out of. Chief Henthorne responded
he believed they were purchasing 3 drones which would come out of the Public Safety budget. He
noted they would be using forfeiture funds to purchase them, which by State Statute could only be used
for training, equipment, or vehicles. He explained how funds were received for the forfeiture fund. He
indicated the cost for the drome program would be $31,000.
Heidi Gaibor, 6915 Wentworth, stated she was in favor of this, as it sounded like a great tool.
ITEM #7
CITY MANAGER’S REPORT
City Manager Rodriguez noted this was the City Clerk’s last meeting with Richfield and she
wished him the best and thanked him for all his work, especially with the elections.
Mayor Supple thanked him for all his work and wished him well on his new adventures.
Council Member Trautman also thanked him, especially with the elections, and wished him
well.
City Council Meeting Minutes -6-April 9, 2024
Council Member Hayford Oleary also thanked him for his work, professionalism, and
enthusiasm.
ITEM #8 CLAIMS AND PAYROLL
M/Whalen S/Hayford Oleary that the following claims and payrolls be approved:
U.S. BANK 04/04/2024
A/P Checks: 327594 – 327833 $1,853,349.40
Payroll: 186483 – 186784 43862 – 43907 $949,642.96
TOTAL $ 2,802,992.36
Motion carried: 4-0
ITEM #9 HATS OFF TO HOMETOWN HITS
Council Member Whalen gave hats off to their Muslem neighbors who were finishing Ramadan
and celebrating Eid al-Fitr, which was starting tonight.
Council Member Hayford Oleary gave hats off to the community development staff in
cooperation of the Council and developer for getting the buildings at 101 East 66 demolished.
Council Member Trautmann recognized George Anthony Dennis, a Human Rights
Commissioner’s husband, who was a longtime Richfield resident and employee at the Richfield public
schools, as well as a charter member of his Church who had passed away. He said his thoughts and
prayers were with his family.
Mayor Supple gave hats off to Patricia, who works in the Police Department, for working on
the well-attended recent event at the Central Education Center.
ITEM #10 ADJOURNMENT
M/Whalen, S/Trautmann to adjourn the meeting at 7:55 p.m.
Motion carried: 4-0
Date Approved: April 23, 2024
Mary B. Supple
Mayor
Kelly Wynn Katie Rodriguez
Interim City Clerk City Manager
Proclamation of the City of Richfield
WHEREAS, Arbor Day will be celebrated nationwide on Friday, April 26th, and will provide people
across the nation an opportunity to celebrate the importance of trees and forests to our economy,
culture, history, and future; and
WHEREAS, Arbor Month is celebrated in Minnesota during the month of May, to promote the
value and planting of trees; and
WHEREAS, Arbor Day 2024 marks the 152nd Anniversary of the original United States Arbor Day
celebration held on April 10th, 1872 in Nebraska City, Nebraska; and
WHEREAS, Trees are of great value as they provide clean air and water, shade and energy savings,
wildlife habitat, recreational opportunities, wood products, and jobs while reducing stormwater runoff
and capturing and storing carbon from the atmosphere, thereby offsetting greenhouse gas emissions;
and
WHEREAS, Properly planting and caring for a diverse mix of trees makes community forests more
resilient by minimizing the impacts of diseases, insects, and other stressors such as climate change and
providing long-term community and environmental benefits; and
WHEREAS, Thoughtfully choosing, planting, and caring for a diverse mix of trees now supports
resilient communities into the future; and
WHEREAS, Arbor Day was celebrated in conjunction with Earth Day by the City of Richfield
through park clean-up event at Veterans Park on April 23rd.
NOW, THEREFORE, I, MARY SUPPLE, Mayor of the City of Richfield, do hereby proclaim April
26th, 2024 as Arbor Day in the City of Richfield as a way of promoting tree stewardship and mindful
choices to help preserve and enhance our urban forest.
PROCLAIMED this 23rd day of April, 2024.
____________________________
Mary Supple, Mayor
Proclamation of the City of Richfield
WHEREAS, Martin “Marty” Kirsch has dedicated his life to public service, serving the Richfield
community with passion, integrity, and commitment for decades; and
WHEREAS, Marty served as the Mayor of Richfield, leading with vision and a deep dedication
to improving the quality of life for all residents; and
WHEREAS, Marty’s involvement with the city started when he began attending council sessions
to learn more about the community, recognizing he was already at the meetings, he decided to throw his
hat in the ring for a council seat, and
WHEREAS, after one unsuccessful run for council, he was elected, serving as a city council
member from 1982 to 1991 and as mayor from 1991 to 2007, much of that time was a period of rapid
growth and development for the community, shaping Richfield into the city it is today; and
WHEREAS, Marty also chaired the Friendship City Commission for decades and served on the
Richfield Charter Commission for over 17 years, serving as President of the charter commission for much
of that time; and
WHEREAS, outside of his public life, Marty attended Concordia College, the University of
Minnesota (he is a longtime fan of the U of M women’s basketball team), and graduated from the
Minneapolis School of Drafting; and
WHEREAS, he used that education to have a long and successful career with the Donaldson
Company, retiring after 45 ½ years as a Printing & Duplicating Supervisor; and
WHEREAS, he commits his time not just to the city, but to other community organizations as
well, he was President and Chairman of the Board for Mount Calvary Lutheran Church for 37 years, was
a member of the Richfield Historical Society and the Optimist Club, was involved with the Richfield
League of Women Voters, and served on the Board of Trustees for Fairview Southdale Hospital; and
WHEREAS, Marty’s impact on his friends, family, and this community will be forever felt.
NOW, THEREFORE, I, MARY SUPPLE, Mayor of the City of Richfield, do proclaim our deepest
gratitude and appreciation to Marty Kirsch for his exemplary service and unwavering commitment to the
betterment of Richfield, MN. We commend Marty Kirsch for his outstanding and tireless contributions to
our city and the community.
PROCLAIMED this 23rd day of April 2024.
Mary B. Supple, Mayor
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #4.A.
STAFF RE P ORT NO. 56
CIT Y COUNCIL MEET ING
4/23/2024
RE P O RT P RE PA RE D B Y:K elly Wynn, A dministrative A ssistant
D E PA RTME NT D IRE C TO R RE V IE W:Mike D obesh, D irector of F ire S ervices/F ire C hief
4/10/2024
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
4/17/2024
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consider Richfield Fire Department membership with the Hennepin County Fire Chief's Association
E X E C UT IV E S UM M ARY:
The Hennepin County Fire Chiefs Association (“HC FC A”) is a group of fire departments and other
organizations in the fire service industry in Hennepin County that provides cooperation, education, and training
regarding fire service and emergency response in the county.
RE C O M M E ND E D AC T I O N:
Approve the resolution granting membership to Richfield Fire Department to the Hennepin County Fire
Chief's Association.
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
W hile historical documentation is sparse, it appears that HC F C A was formed in the early 1960s, but no records
exist suggesting that the group has ever been incorporated or recognized as a formal entity with the Minnesota
S ecretary of S tate.
In early 2023, HC F C A’s B oard of D irectors began an effort to formalize the group’s organizational status,
including ensuring that it is meeting state and federal tax obligations. The B oard engaged an attorney to advise it
on organizational matters. The B oard discussed the relative merits of organizing as a joint powers entity under
Minn. S tat. § 471.59 or a nonprofit corporation, and ultimately decided to move forward as a nonprofit to provide
maximum flexibility in its authorized activities and members. In making this decision, the B oard looked to the
organizational structure of the Minnesota S tate F ire C hiefs A ssociation, which is also organized as a nonprofit.
The B oard intends to apply to the IRS for tax-exempt status as a 501(c)(6) business association.
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):
In order to document each F ire D epartment’s membership in the new nonprofit corporation, counsel advised that
each member C ity adopt a resolution officially approving membership in HC F C A .
D .C R IT IC AL T IMIN G IS S U E S:
E .F IN AN C IAL IMPAC T:
The department currently pays $200 annually for membership to the association.
F.L E GAL C ON S ID E R AT ION:
ALT E R N AT IV E R E C OMME N D AT ION(S):
P R IN C IPAL PAR T IE S E X P E C T E D AT ME E T IN G:
AT TAC H ME N T S:
D escription Type
Resolution Resolution L etter
RESOLUTION NO. _____________
A RESOLUTION APPROVING MEMBERSHIP IN THE HENNEPIN COUNTY FIRE
CHIEFS ASSOCIATION, INC.
WHEREAS, the Hennepin County Fire Chiefs Association (“HCFCA”) is an
organization of fire departments and others in the fire service industry in Hennepin County
whose purpose is to provide a forum to discuss and promote fire safety, to exchange
ideas and search for solutions to fire safety and other emergency response problems, to
conduct research, to facilitate educational programs, to promote legislation, and to
promote the spirit of cooperation between fire departments or other emergency response
organizations operating within Hennepin County, Minnesota; and
WHEREAS, HCFCA was established as an association in 1961 but was not a
formal corporate entity recognized by the Office of the Minnesota Secretary of State;
WHEREAS, Richfield Fire Department is a currently a member of HCFCA;
WHEREAS, HCFCA’s membership and Board of Directors has determined that it
is in the best interests of the association to organize as a nonprofit corporation in order to
formalize its operations and provide the option of applying for federal tax-exempt status;
WHEREAS, on January 8, 2024, the Hennepin County Fire Chiefs Association,
Inc., was registered as a nonprofit corporation with the Office of the Minnesota Secretary
of State;
WHEREAS, Minnesota Statutes Section 471.96 provides authority for cities and
counties “to appropriate necessary funds to provide membership of their respective
municipal corporations or political subdivisions respectively in county, regional, state, and
national associations of a civic, educational, or governmental nature which have as their
purpose the betterment and improvement of municipal government operations”; and
WHEREAS, Richfield Fire Department’s membership in the HCFCA as a nonprofit
organization will benefit Richfield and its Fire Department and will provide for the
betterment and improvement of Richfield’s operations surrounding fire safety and
emergency response;
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Richfield
as follows:
1. Richfield Fire Department’s membership in Hennepin County Fire Chiefs
Association, Inc. is approved and payment of annual membership dues is
authorized.
2. Membership will be through the Fire Department and Fire Chief Mike Dobesh
is designated as Richfield’s representative to HCFCA.
2
ADOPTED, by the City Council of the City of Richfield on the 23rd day of April,
2024.
________________________________
Mary B. Supple, Mayor
ATTEST:
____________________________________
Kelly Wynn, Interim City Clerk
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #4.B.
STAFF RE P ORT NO. 57
CIT Y COUNCIL MEET ING
4/23/2024
RE P O RT P RE PA RE D B Y:Rachel L indholm, S ustainability S pecialist
D E PA RTME NT D IRE C TO R RE V IE W:K arl Huemiller, Recreation S ervices D irector
4/16/2024
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
4/17/2024
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consider a resolution authorizing staff to submit an application for an equipment voucher rebate
via the Energy Efficiency Conservation Block Grant (E E C B G) Program, and authorize staff to execute
an agreement if the project is approved by the Department of Energy (D O E).
E X E C UT IV E S UM M ARY:
The City of Richfield was awarded $76,260 from the federal government as a part of the Energy Efficiency
Conservation Block Grant (E E C B G) Program. Using the energy efficiency audit reports, staff identified
several lighting upgrade projects in municipal buildings that could be completed with this funding. Executing
these projects will result in increased energy efficiency and reduced electricity bills, saving taxpayer dollars and
promoting responsible environmental stewardship.
RE C O M M E ND E D AC T I O N:
By motion: Approve a resolution authorizing staff to submit an application for an equipment voucher
rebate via the Energy Efficiency Conservation Block Grant Program and authorize staff to execute an
agreement if the project is approved by the Department of Energy.
B AS IS O F RE C O M M E ND AT I O N:
A .H IS TOR IC AL C ON T E X T
The E E C B G program was created as part of the bipartisan infrastructure law. This program is designed to
assist states, local governments, and tribes in implementing strategies to reduce energy use and carbon
emissions and to improve energy efficiency. C ities were awarded grants/vouchers based on population.
Richfield was awarded $76,260.
S everal Richfield staff met and discussed potential uses of the C ity's awarded funds, referencing the previously
conducted energy efficiency audit reports. It was determined that L E D lighting upgrades would be a good path to
pursue based on award requirements and timeline before voucher submission.
B .E QU ITAB L E OR S T R AT E GIC C ON S ID E R AT ION S OR IMPAC T S
E quity: This is standard city business. There are no disproportionate impacts on marginalized/underrepresented
communities.
S trategic P lan: This project ties into the priority of sustainable infrastructure by implementing items related to
climate resilience, identifying external funding, and executing one of the C A P actions (municipal building energy
efficiency audit actions) prioritized through the strategic plan process.
C .P OL IC IE S (resolutions, ordinances, regulations, statutes, exc):
A ll city and federal purchasing policies, D avis-B acon requirements, and other requirements outlined by the
federal government will be followed.
D .C R IT IC AL T IMIN G IS S U E S:
The application is due on A pril 30, 2024.
E .F IN AN C IAL IMPAC T:
The C ity will need to fund the project(s) upfront and receive reimbursement after necessary documents have
been submitted to the federal government. F inance staff is aware of this and will work with other project staff.
F.L E GAL C ON S ID E R AT ION:
A ll city and federal purchasing policies, D avis-B acon requirements, and other requirements outlined by the
federal government will be followed.
ALT E R N AT IV E R E C OMME N D AT ION(S):
None
P R IN C IPAL PAR T IE S E X P E C T E D AT ME E T IN G:
AT TAC H ME N T S:
D escription Type
A pplication Resolution Resolution L etter
RESOLUTION NO.
RESOLUTION AUTHORIZING STAFF TO SUBMIT AN APPLICATION FOR THE
ENERGY EFFICIENCY CONSERVATION BLOCK GRANT (EECBG) PROGRAM
EQUIPMENT VOUCHER REBATE, AND AUTHORIZE STAFF TO EXECUTE AN
AGREEMENT IF THE PROJECT IS APPROVED BY THE DEPARTMENT OF
ENERGY (DOE).
WHEREAS, as part of the Bipartisan Infrastructure Law, the EECBG program
was created and cities with a specific minimum population requirement were awarded
grants/vouchers of a set value, and;
WHEREAS, this program is designed to assist states, local governments, and
tribes in implementing strategies to reduce energy use and carbon emissions and to
improve energy efficiency, and;
WHEREAS, the City of Richfield was awarded $76,260 from the federal
government as a part of the EECBG Program, and;
WHEREAS, staff are electing to use the award by submitting a voucher rebate
application to fund several lighting upgrade projects in municipal buildings, which will
result in increased energy efficiency and reduced electricity bills,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, Minnesota, that the City of Richfield is authorized and directed to submit the
application for the EECBG program equipment voucher rebate, and staff are authorized
to execute an agreement if the project is approved by the DOE.
Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of
April, 2024.
Mary B. Supple, Mayor
ATTEST:
Kelly Wynn, Interim City Clerk
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #4.C.
STAFF RE P ORT NO. 58
CIT Y COUNCIL MEET ING
4/23/2024
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
4/17/2024
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
4/18/2024
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consider a resolution authorizing the execution of an agreement with the Federal Department of
Housing and Urban Development (H U D) for an Economic Development Initiative-Community Project
Funding Grant in the amount of $3,000,000 to assist with funding of the W ood Lake Nature Center
Building Project.
E X E C UT IV E S UM M ARY:
Staff has secured a commitment from the Federal Department of Housing and Urban Development (HUD) for
the award of a Community Project Funding Grant in the amount of $3,000,000 to assist with the construction of
a new Wood Lake Nature Center Building. The grant program is through HUD's Economic Development
I nitiative, which was signed into law as part of the Consolidated Appropriations Act in 2023.
Staff has received the award letter and grant agreement (B-23-C P-MN-0879) and with approval of this
resolution, can proceed with processing the agreement and utilizing the funds.
RE C O M M E ND E D AC T I O N:
By motion: Approve a resolution authorizing the execution of an agreement with the Federal
Department of Housing and Urban Development (H U D) for an Economic Development Initiative-
Community Project Funding Grant in the amount of $3,000,000 to assist with funding of the Wood
Lake Nature Center Building Project.
B AS IS O F RE C O M M E ND AT I O N:
A .H IS TOR IC AL C ON T E X T
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.
In addition to the $3,000,000 in HUD grant funding, the Wood L ake B uilding project has been
awarded $12,000,000 through the 2023 Minnesota General F und A ppropriations B ill. To fund the remainder
of the project, a Local Option Sales 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's main building, including exhibits and recreational and educational materials, is an
amenity that is free to the public and has been heavily utilized for over 50 years. A new building would ensure the
continuation of these services and the accessibility of the building for many years to come.
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. Wood
L ake Nature C enter is uniquely located to provide access to nature for all members of our community.
Consequences:
The Recreation S ervices D epartment has been proactive about creating a welcoming environment for all people
and we have seen diverse participation. S taff realizes that these facilities are made possible by all of Richfield
residents and strives to take steps to ensure that our participants reflect that diversity and individuality.
Strategic Outcome Considerations:
This grant is an important piece to ensuring the success of the Wood L ake B uilding P roject and of Wood L ake's
environmental education programs into the future.
C .P OL IC IE S (resolutions, ordinances, regulations, statutes, exc):
The HUD C ommunity P roject F unding Grant requires C ouncil approval of a resolution authorizing staff to
execute the grant agreement and proceed with administration of funds.
D .C R IT IC AL T IMIN G IS S U E S:
S taff will need to proceed with the execution of this grant agreement in a timely manner to ensure the availability
of the awarded funds.
E .F IN AN C IAL IMPAC T:
The HUD C ommunity P roject F unding Grant would provide $3,000,000 of funding towards the Wood L ake
B uilding P roject, which will be a crucial piece of the funding being assembled for the project.
F.L E GAL C ON S ID E R AT ION:
There are no legal considerations for this item.
ALT E R N AT IV E R E C OMME N D AT ION(S):
Reject the resolution and reject the $3,000,000 grant award, possibly jeopardizing the timeline of completion for 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
Resolution A uthorizing E xecution of HUD C ommunity
Grant A greement Resolution L etter
HUD C ommunity Grant Award L etter B ackup Material
HUD C ommunity Grant A greement B ackup Material
RESOLUTION NO.
RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE
FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR
AN ECONOMIC DEVELOPMENT INITIATIVE-COMMUNITY PROJECT FUNDING
GRANT IN THE AMOUNT OF $3,000,000 TO ASSIST WITH FUNDING OF THE
WOOD LAKE NATURE CENTER BUILDING PROJECT.
WHEREAS, in the Consolidated Appropriations Act, 2023 (Public Law 117-328),
the United States Congress made funding available for grants to fund community
projects, administered by the US Department of Housing and Urban Development
(HUD); and
WHEREAS, the City of Richfield Recreation Services Department has proposed
the replacement of the Wood Lake Nature Center main building and has secured
$12,000,000 in funding through the 2023 Minnesota General Fund Appropriations Bill
for the project; and
WHEREAS, the City of Richfield will propose a Local Sales Tax to voters in
November to fund three recreation capital projects, the first of which would be the Wood
Lake Building Project; and
WHEREAS, staff has begun the planning and coordination for the project, which
will begin in full if and when final funding is secured; and
WHEREAS, the City of Richfield has secured the commitment from HUD for this
Community Project Funding Grant and has received the award letter and grant
agreement (B-23-CP-MN-0879) for processing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, Minnesota, that staff is authorized to execute the Community Project Funding
Grant agreement with HUD for $3,000,000 in funding towards the Wood Lake Nature
Center Building Project.
Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of
April, 2024.
______________________________
Mary B. Supple, Mayor
ATTEST:
________________________________
Kelly Wynn, Interim City Clerk
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WASHINGTON, D.C. 20410-1000
OFFICE OF COMMUNITY PLANNING AND DEVELOPMENT
Grant Number B-23-CP-MN-0879
Grantee:City of Richfield
March 2, 2023
Chris Swanson
6700 Portland Ave.
Richfield, MN 55423
City of Richfield
Email: cswanson@richfieldmn.gov
Dear Swanson:
Project:Wood Lake Nature Center Building Project
Amount:$3,000,000
In the Consolidated Appropriations Act, 2023 (Public Law 117-328) (the FY2023 Act),
Congress made funding available $2,982,285,641 for “grants for the Economic Development
Initiative (EDI) for the purposes, and in amounts, specified for Community Project
Funding/Congressionally Directed Spending” in the associated table included in the
accompanying joint explanatory statement (JES). These “Community Project Funding” or “CPF”
awards are administered by the Department of Housing and Urban Development (HUD).
HUD received the below information about your project as listed on the JES, which was
printed in the Senate section of the Congressional Record on December 20, 2022 (CREC-2022-
12-20-pt3-PgS9325-2.pdf (congress.gov)). A Grant Number (noted below) has been generated
by HUD and will be the unique identifier for your project throughout the grant process.
Pursuant to the requirements associated with the FY2023 Act, this FY2023 Grant Award
Letter outlines initial grant award requirements and information needed from you to prepare your
FY2023 CPF Grant Agreement for execution. The Grant Award Letter also provides an overview
of the steps to execute your Grant Agreement. Further detail is provided within the FY2023 CPF
Grant Guide.
This “Grant Award Letter,” is included in the “Grant Award Package” transmitted with
the corresponding email. The Grant Award Package also includes:
• the “FY2023 Community Project Funding Grant Guide” (FY2023 CPF Grant Guide),
• your FY2023 Community Project Funding Grant Agreement “FY2023 CPF Grant
• Agreement,” and
• standard forms required to execute your Grant Agreement.
A brief overview of these documents is below:
1) FY2023 CPF Grant Guide: The FY2023 CPF Grant Guide provides instructions for
completing the requested information and filling out the required administrative forms to
initiate your FY2023 CPF Grant Agreement. The FY2023 CPF Grant Guide also
provides information on the requirements that will govern these funds, as provided by the
FY2023 Act, and the cross-cutting requirements that generally apply to all HUD awards
as provided by HUD regulations and other applicable Federal regulations and statutes.
The FY2023 CPF Grant Guide provides guidance and instructions for access to your
grant funds and fulfilling the reporting requirements for this award. The FY2023 CPF
Grant Guide provides guidance for various grant administration-related actions including
the Disaster Recovery Grants Reporting (DRGR) system for the financial management of
these grant funds and periodic reporting of project status and accomplishments for this
grant. Please refer to this document as it includes important information and forms for
accessing DRGR, as well as other information concerning reporting requirements.
2) FY2023 CPF Grant Agreement for this Award: The FY2023 CPF Grant Agreement
specifies the applicable statutory provisions, regulations, and administrative requirements
for this award. Please read this FY2023 CPF Grant Agreement carefully, including its
incorporated appendices, which contain additional mandatory award terms as well as
information specific to your award, such as your organization’s indirect cost information.
Please make sure all grantee information and award-specific information is entered
completely and accurately before signing this Agreement. The grantee’s Authorized
Representative, or legal signatory, must sign and date the FY2023 CPF Grant Agreement.
Please retain a “copy” (either electronic and/or printed) of the signed and dated document
for your records pending receipt of the countersigned copy from HUD. Please also note
that to ensure the Project Narrative and Approved Budget (Appendices 1 and 2) reflect
the project and budget as approved by HUD at the time of grant execution, Appendices 1
and 2 will be added by HUD on the date that HUD signs the FY2023 CPF Grant
Agreement as stated in Article III, sections A and B of the FY2023 CPF Grant
Agreement.
3) Standard Forms and Required Materials:
a. Form HUD-1044, Assistance Award/Amendment Form (Attached)
b. Standard Form–424 Application for Federal Assistance:
https://www.hudexchange.info/resource/306/hud-form-sf424/
c. SF-424-B, Assurances for Non construction Programs, or SF-424-D, Assurances
for Construction Programs: https://www.grants.gov/forms/sf-424-family.html
d. SFLLL Disclosure of Lobbying Activities (as applicable):
https://www.hudexchange.info/resource/308/hud-form-sflll/
e. SF-1199A - Direct Deposit Sign-Up Form:
https://www.hud.gov/sites/documents/attachmentvisf-1199A.PDF
Page 2
Evidence of the American Bankers Association (ABA) number for your
depository account, such as a VOIDED blank check, a deposit slip, or similar
documentation. The SF1199A form is used to collect the information necessary to
establish an account for the grantee in HUD’s financial system. The form is to be
completed by the grantee and grantee’s financial institution.
Grant Award Process Overview
Below is a step-by-step walk-through of the process and necessary documents and forms to
execute your FY2023 Grant Agreement. This process and the forms are also available in the FY2023
CPF Grant Guide, which can also be found on the program’s webpage at:
https://www.hud.gov/program_offices/comm_planning/edi-grants.
Grant Award Process
1) HUD will email a Grant Award Package including:
a. FY2023 Grant Award Letter (this letter)
b. FY2023 CPF Grant Guide
c. FY2023 CPF Grant Agreement
d. Links to Standard Forms (see list above in number 3)
2) Grantee should review the Grant Award Package documents and send HUD the following:
a. Signed and dated FY2023 CPF Grant Agreement
b. Completed Standard Forms
c. Detailed Project Narrative: The detailed project narrative should:
i. capture the maximum anticipated scope of the proposal, not just a single
activity that the CPF grant is going toward; and
ii. include all contemplated actions that are part of the project.
d. Line-Item Project Budget: The line-item budget should:
i. capture the maximum anticipated scope of the proposal including the use of
the FY23 CPF grant funds in context of the full project budget; and
ii. include all contemplated actions that are part of the project, not just a single
activity that the CPF grant is going toward.
3) Grantee should initiate or complete a Federal environmental review: If the grantee has not yet
done so, they should initiate an environmental review, as applicable.
4) HUD reviews returned Grant Award Package for completeness: Once HUD receives a
completed grant award package, HUD will review the project narrative and budget, standard
forms, grantee-signed and dated FY2023 CPF Grant Agreement.
a. If complete, HUD will execute the FY2023 CPF Grant Agreement.
b. If information is missing, HUD will work with grantee to finalize the Grant Award
Package.
5) Payment Process: Once the Grant Agreement is executed by the Grantee and HUD, HUD
will assist the grantee in getting set up in HUD’s financial system. Once set up in HUD’s
financial system, grantees will submit payment requests.
To assist you with understanding the materials that you have received, HUD will host a series
of webinars and “office hours” starting the week of March 6, 2023, to review the
Page 3
requirements and support grantees through the grant award process and beyond. HUD will send
reminder emails prior to each session with the registration link.
Overview of the FY2023 Act
CPF grants are subject to several Federal requirements. HUD will provide additional information and
further clarification regarding applicable requirements and the grant award process in upcoming webinars
and additional technical assistance. The most essential requirements include:
• Administrative Requirements: CPF grants are subject to the Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards at 2 CFR Part 200.
• Environmental Review Requirements: CPF grants, like all projects funded by HUD, are subject to
requirements under the National Environmental Policy Act (NEPA), HUD’s NEPA-implementing
regulations at 24 CFR Part 50 or 24 CFR Part 58, and all appropriate federal environmental and
historic preservation laws, regulations, and Executive Orders.
o In keeping with the National Environmental Policy Act (NEPA) and HUD’s NEPA-
implementing regulations at 24 CFR Part 50 or 24 CFR Part 58, environmental reviews
must be completed, and a Request for Release of Funds and Certification must be
approved by HUD, as applicable, for all projects prior to taking any ‘choice limiting
actions.’1
o Environmental reviews must be completed before a grantee can undertake actions that prevent
the grantee from taking an alternative action to minimize or avoid environmental harm, or that
would have an adverse environmental impact (“choice limiting actions”). This step is required
to avoid violations under 24 CFR 58.22 which provides limitations on activities pending
clearance, and Section 110(k) of the National Historic Preservation Act which prohibits
anticipatory demolition or significant harm of cultural and/or historic resources prior to
completion of the historic preservation review process known as Section 106 review.
o HUD defines the “Federal Nexus” for a program or project as the event that triggers the
requirements for federal environmental review under a host of laws, regulations, and
Executive Orders, including the prohibition on choice limiting actions.
• To be eligible, expenses must comply with applicable Federal requirements. This includes
administrative requirements under 2 CFR Part 200, environmental laws, statutes and Executive
Orders, and other “cross-cutting” federal requirements adhered to by HUD. In addition,
environmental reviews are required for all HUD funded programs and project activities. This includes
soft costs as well as hard costs.
• For FY2023 grants, the date of the FY 2023 Act’s enactment (December 29, 2022) is the date of
eligibility for reimbursement for hard and soft costs and the date of the federal nexus
1 Choice limiting actions constitute work, such as entering construction contract agreements/commitments and earth-moving
activities/clearing/grubbing as well as building renovation/upgrades, that can have an adverse impact on cultural and / or historical
resources or the environment, or prevent the avoidance, minimization, or mitigation of those impacts.
Examples of ‘choice limiting actions’ include, but are not limited to, purchasing land, entering into contracts for property acquisition or
construction, or physical work on the project.
Page 4
If you, or your staff, have any questions regarding how to complete or submit the required documents
or about your grant in general, please feel free to contact Shaina Glover , in CGD at CPFGrants@hud.gov.
Please note while your grant officer may change over time, we have a team approach to managing your
project. Shaina Glover is the primary point of contact at HUD for this award and will be available to assist
you. Include your grant number and grant name in all email correspondence.
We look forward to working with you on this important project!
ATTACHMENTS:
FY2023 Community Project Funding Grant Guide (Version 1)
FY2023 CPF Grant Agreement
Form HUD-1044 – Assistance Award/Amendment Form
Sincerely,
Robin J. Keegan
Deputy Assistant Secretary
Economic Development
for compliance with all environmental laws. Therefore, reimbursable/eligible hard costs
can be incurred after enactment once a full environmental review is completed.
• HUD conducted a nationwide environmental review to clear activities such as
administrative, planning, and operations and maintenance costs (including costs to
prepare an environmental review).
o After execution of the FY2023 CPF Grant Agreement, these soft costs may be
reimbursed if incurred after December 29, 2022, and the costs would otherwise
meet the allowability criteria in 2 CFR 200.403.
o Hard costs can be reimbursed if incurred after a full environmental review is
completed and the costs would otherwise meet the allowability criteria in 2 CFR
200.403.
Further explanation and guidance on choice limiting actions and the environmental
review process, including historic preservation review, is included within the FY2023 CPF Grant
Guide and on the program’s webpage.
All information required for your grant award should be submitted via email to the
dedicated mailbox at CPFGrants@hud.gov. In transmitting your information, please copy and
paste the bolded information as the subject line of your email: <Grant Number>: <Grantee
Name>: Submission of Required Grant Materials.
Page 5
GRANT AGREEMENT NO. B-23-CP-MN-0879
FY 2023 COMMUNITY PROJECT FUNDING
This Grant Agreement between the Department of Housing and Urban Development (HUD) and
City of Richfield (the Grantee) is made pursuant to the authority of the Consolidated Appropriations
Act, 2023 (Public Law 117-103) and the Explanatory Statement for Division L of that Act, which was
printed in the Senate section of the Congressional Record on December 20, 2022 (Explanatory
Statement).
In reliance upon and in consideration of the mutual representations and obligations under this
Grant Agreement, HUD and the Grantee agree as follows:
Subject to the provisions of the Grant Agreement, HUD will make grant funds in the amount
of $3,000,000 available to the Grantee.
ARTICLE II. Total Grant Amount
6700 Portland Ave. Richfield, MN 55423
B-23-CP-MN-0879
14.251 Economic Development Initiative,
Community Project Funding, and Miscellaneous Grants
Date of grant obligation
August 31, 2031
Grantee Name:City of Richfield
Grantee Address:
Grantee's Unique Entity Identifier (UEI):
Federal Award Identification Number (FAIN)
Assistance Listing Number and Name
Period of Performance/Budget Period Start Date
Period of Performance/Budget Period End Date
Grantee's Employer Identification Number (EIN)
ARTICLE I. Definitions
The definitions at 2 CFR 200.1 apply to this Grant Agreement, except where this Grant
Agreement specifically states otherwise.
Budget period is defined in 2 CFR 200.1 and begins and ends on the dates specified
above for the Period of Performance/Budget Period Start Date and Period of
Performance/Budget Period End Date.
Period of Performance is defined in 2 CFR 200.1 and begins and ends on the dates specified
above for the Period of Performance/Budget Period Start Date and Period of
Performance/Budget Period End Date.
ARTICLE III. Award-Specific Requirements
A. Federal Award Description. The Grantee must use the Federal funds provided
under this Grant Agreement (Grant Funds) to carry out the Grantee’s “Project.” Unless
changed in accordance with Article III, section C of this Grant Agreement, the Grantee’s
Project shall be as described in the Project Narrative that is approved by HUD as of the
date that HUD signs this Grant Agreement . For reference, HUD will attach this approved
Project Narrative as Appendix 1 to the Grant Agreement on the date that HUD signs this
Grant Agreement.
FY 2023 COMMUNITY PROJECT FUNDING
GRANT AGREEMENT NO. B-23-CP-MN-0879
B. Approved Budget. The Grantee must use the Grant Funds as provided by the
Approved Budget. Unless changed in accordance with Article III, section C of this Grant
Agreement, the Approved Budget shall be the line-item budget that is approved by HUD as of
the date that HUD signs this Grant Agreement. For reference, HUD will attach this approved
line-item budget as Appendix 2 to this Grant Agreement on the date that HUD signs this Grant
Agreement.
C. Project and Budget Changes. All changes to the Grantee’s Project or Approved Budget
must be made in accordance with 2 CFR 200.308 and this Grant Agreement. To request HUD’s
approval for a change in the Project or Approved Budget, the Grantee must submit a formal letter
to the Director of HUD’s Office of Economic Development - Congressional Grants Division
through the assigned Grant Officer . The letter must be submitted by email to the assigned Grant
Officer and must provide justification for the change. The email submitting the letter must also
include a revised project narrative or revised line-item budget, as applicable, that includes the
requested change. The Grantee is prohibited from making project or budget changes that would
conflict with the Applicable Appropriations Act Conditions described in Articl e III, section D of
this Grant Agreement. The assigned Grant Officer for this grant is provided in the Award Letter
for this grant and found on HUD’s website. The HUD Office of Economic Development –
Congressional Grants Division will notify the Grantee in writing, by email, whether HUD
approves or disapproves the change. Before the Grantee expends Grant Funds in accordance
with any change approved by HUD or otherwise allowed by 2 CFR 200.308 , the Grantee must
update its grant information in Disaster Recovery Grant Reporting (DRGR) to reflect that
change.
D. Applicable Appropriations Act Conditions. The conditions that apply to the Grant
Funds as provided by the Consolidated Appropriations Act, 202 3 and the Explanatory Statement
are hereby incorporated a nd made part of this Grant Agreement. In the event of a conflict
between those conditions, the conditions provided by the Act will govern. The Grant Funds are
not subject to the Community Development Block Grant s regulations at 24 CFR part 570 or Title
I of the Housing and Community Development Act of 1974.
E. In accordance with 2 CFR 200.307(b), costs incidental to the generation of program
income may be deducted from gross income to determine program income, provided these costs
have not been charged to the grant. As authorized under 2 CFR 200.307(e)(2), program income
may be treated as an addition to the Federal award, provided that the Grantee uses that income
for allowable costs under this Grant Agreement . In accordance with 2 CFR 200.307(b), costs
incidental to the generation of program income may be deduc ted from gross income to determine
program income, provided these costs have not been charged to the grant. Any program income
that cannot be expended on allowable costs under this Grant Agreement must be paid to HUD
before closeout of the grant, unless otherwise specified by an applicable Federal statute.
Page 2
FY 2023 COMMUNITY PROJECT FUNDING
GRANT AGREEMENT NO. B-23-CP-MN-0879
F. The Grantee must use the Grant Funds only for costs (including indirect costs) that
meet the applicable requirements in 2 CFR part 200 (in cluding appendices). The Grantee’s
indirect cost rate information is as provided in Appendix 3 to this Grant Agreement . Unless
the Grantee is an Institution of Higher Education, the Grantee must immediately notify HUD
upon any change in the Grantee’s indirect cost rate during the Period of Performance, so that
HUD can amend the Grant Agreement to reflect the chang e if necessary. Consistent with 2
CFR Part 200, Appendix III (C.7), i f the Grantee is an Institu tion of Higher Education and
has a negotiated rate in effect on the date this Grant Agreement is signed by HUD , the
Grantee may use only that rate for its indirect costs during the Period of Performance.
G. The Grantee must comply with any specific award conditions that HUD may
attach to this Grant Agreement as provided by 2 CFR 200.208. If applicable, these conditions
will be listed or added as Appendix 5 to this Grant Agreement .
H. The Grantee is respon sible for managing the Project and ensuring the proper use of
the Grant Funds. The Grantee is also responsible for ensuring the completion of the Project,
the grant closeout, and compliance with all applicable federal requirements. The Grantee may
subaward all or a portion of its funds to one or more subrecipients, as identified in the Project
Narrative (Appendix 1) or as may be approved by HUD in accordance with 2 CFR 200.308.
All subawards made with funding under this Grant Agreement are subject to the subaward
requirements under 2 CFR Part 200, including 2 CFR 200.332, and other requirements
provided by this Grant Agreement. The Grantee is responsible for ensuring each subrecipient
complies with all requirements under this Grant Agreement, including the general federal
requirements in Article IV. A subaward may be made to a for -profit entity only if HUD
expressly approves that subaward and the for-profit entity is made subject to the same
Federal requirements that apply to all other subrecipients, including the requirements 2 CFR
part 200 provides for a “non -Federal entity” that receives a subaward .
ARTICLE IV. General Federal Requirements
A. If the Grantee is a unit of general local government, a State, an Indian Tribe, or an
Alaskan Native Village, the Grantee is the Responsible Entity (as defined in 24 CFR part 58)
and agrees to assume all of the re sponsibilities for environmental review and decision-
making and action, as specified and required in regulations issued by the Secretary pursuant
to section 305(c) of the Multifamily Housing Property Disposition Reform Act of 1994 and
published in 24 CFR Part 58.
B. If the Grantee is a housing authority, redevelopment agency, academic institution,
hospital or other non-profit organization, the Grantee shall request the unit of general local
government, Indian Tribe or Alaskan Native Village, within which the Project is located and
which exercises land use responsibility, to act as Responsible Entity and assume all of the
responsibilities for environmental review and decision -making and action as specified in
paragraph A above, and the Grantee shall carry out all of the responsibilities of a grantee
under 24 CFR Part 58.
Page 3
FY 2023 COMMUNITY PROJECT FUNDING
GRANT AGREEMENT NO. B-23-CP-MN-0879
C. After December 29, 2022, neither the Grantee nor any of its contractors,
subrecipients and other funding and development partners may undertake, or commit or
expend Grant Funds or local funds for, project activities (other than for planning,
management, development and administration activities), unless a contract requiring
those activities was already executed on or before December 29, 2022, until one of the
following occurs: (i) the Responsible Entity has completed the environmental review
procedures required by 24 CFR part 58, and HUD has approved the environmental
certification and given a release of funds; (ii) the Responsible Entity has determined and
documented in its environmental review record that the activities are exempt under 24
CFR 58.34 or are categorically excluded and not subject to compliance with
environmental laws under 24 CFR 58.35(b); or (iii) HUD has performed an
environmental review under 24 CFR part 50 and has notified Grantee in writing of
environmental approval of the activities.
D. Following completion of the environmental review process, the Grantee
(recipient) shall exercise oversight, monitoring, and enforcement as necessary to assure
that decisions and mitigation measures adopted through the environmental review process
are carried out during project development and implementation.
E. The Grantee must comply with the generally applicable HUD and CPD
requirements in 24 CFR Part 5, subpart A, including all applicable fair housing, and civil
rights requirements. If the Grantee is a Tribe or a Tribally Designated Housing Entity
(TDHE) as established under 24 CFR 1000.206, the Grantee must comply with the
nondiscrimination requirements in 24 CFR 1000.12 in lieu of the nondiscrimination
requirements in 24 CFR 5.105(a). The Grantee must report data on the race, color,
religion, sex, national origin, age, disability, and family characteristics of persons an d
households who are applicants for, participants in, or beneficiaries or potential
beneficiaries of the Grantee’s Project, consistent with the instructions and forms provided
by HUD in order to carry out its responsibilities under the Fair Housing Act, Executive
Order 11063, Title VI of the Civil Rights Act of 1964, and Section 562 of the Housing
and Community Development Act of 1987 (e.g. HUD-27061).
F. The Grantee must comply with the Uniform Administrative Requirements,
Cost Principles, and Audit Requirements in 2 CFR part 200, as may be amended from
time to time. If 2 CFR part 200 is amended to replace or renumber sec tions of part 200
that are cited specifically in this Grant Agreement, the part 200 requirements as
renumbered or replaced by the amendments will govern the obligations of HUD and the
Grantee after those amendments become effective.
G. The Grantee must comply with the Award Term in Appendix A to 2 CFR Part
25 (“System for Award Management and Universal Identifier Requirements”) and the
Award Term in Appendix A to 2 CFR Part 170 (“Reporting Subawards and Executive
Compensation”), which are hereby incorpo rated into and made part of this Grant
Agreement.
H. If the Total Grant Amount, as provided in Article II of this Grant Agreement,
is greater than $500,000, the Grantee must comply with the Award Term and Condition
for Grantee Integrity and Performance M atters in Appendix 4 to this Grant Agreement.
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I. Unless the Grantee is exempt from the Byrd Amendment as explained below, the
Grantee must comply with the provisions of Section 319 of Public Law 101 -121, 31 U.S.C.
1352, (the Byrd Amendment) and 24 CFR Part 87, which prohibit recipients of Federal con tracts,
grants, or loans from using appropriated funds for lobbying the executive or legislative branches
of the Federal Government in connection with a specific contract, grant, loan, or cooperative
agreement. The Grantee must include in its award docume nts for all sub-awards at all tiers
(including subcontracts, subgrants, and contr acts under grants, loans, and cooperative
agreements), the requirements for the certification required by Appendix A to 24 CFR Part 87
and for disclosure using Standard Form - LLL (SF-LLL), “Disclosure of Lobbying Activities.”
In addition, the Grantee must obtain the executed certification required by Appendix A and an
SF-LLL from all covered persons. “Person” is as defined by 24 CFR Part 87. Federally
recognized Indian tribes and TDHEs established by Federally recognized Indian tribes as a result
of the exercise of the tribe’s sovereign power are excluded from coverage of the Byrd
Amendment. State-recognized Indian tribes and TDHEs established only under state law must
comply with this requirement.
J. The Grantee must comply with drug -free workplace requirements in Subpart B of 2
CFR Part 2429, which adopts the governmentwide implementation (2 CFR Part 182) of sections
5152-5158 of the Drug-Free Workplace Act of 1988, Pub. L . 100-690, Title V, Subtitle D (41
U.S.C. 701-707).
K. The Grantee must comply with the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (URA) as implemented by regulations at 49 CFR Part 24. The
URA applies to acquisitions of real property and relocation occurring as a direct result of the
acquisition, rehabilitation, or demolition of real property for Federal or Federally funded
programs or projects. Real property acquisition that receives Federal financial assistance fo r a
program or project, as defined in 49 CFR 24.2, must comply with the acquisition requirements
contained in 49 CFR part 24, subpart B. Unless otherwise specified in law, the relocation
requirements of the URA and its implementing regulations at 49 CFR pa rt 24, cover any
displaced person who moves from real property or moves personal property from real property as
a direct result of acquisition, rehabilitation, or demolition for a program or project receiving
HUD financial assistance
L. If Grant Funds are used for purchase, lease, support services, operation, or work that
may disturb painted surfaces, of pre -1978 housing, you must comply with the lead -based paint
evaluation and hazard reduction requirements of HUD's lead - based paint rules (Lead Disclosur e;
and Lead Safe Housing (24 CFR part 35)), and EPA's lead - based paint rules (e.g., Repair,
Renovation and Painting; Pre-Renovation Education; and Lead Training and Certification (40
CFR part 745)).
M. The Grantee must comply with Section 3 of the Hous ing and Urban Development
Act of 1968 (Section 3), 12 U.S.C. 1701u , and HUD’s regulations at 24 CFR part 75, as
applicable, including the reporting requirements in 24 CFR 75.25. Grants made to Tribes and
TDHEs are subject to Indian Preference requirements in Section 7(b) of the Indian Self -
Determination and Education Assistance Act (25 U.S.C. 5307(b)). As stated in 24 CFR 75.3(c),
grants to Tribes and TDHEs are subject to Indian Preference requirements in lieu of Section 3.
Grantees that are not exempt from Section 3 must submit annual reports of Section 3
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accomplishment Performance Measures in DRGR in January of the calendar year.
This report reflects Section 3 accomplishments for the previous calendar year .
N. The Grantee must not use any Grant Funds to support any Federal, state, or
local project that seeks to use the power of eminent domain, unless eminent domain is
employed only for a public use. Public use includes use of funds for mass transit,
railroad, airport, seaport, or highway projects, and utility projects which benefit or serve
the general public (inclu ding energy-related, communication-related, water-related, and
waste water-related infrastructure), other structures designated for use by the general
public or with other common-carrier or public-utility functions that serve the general
public and are subject to regulation and oversight by the government, and projects for the
removal of an immediate threat to public health and safety or brownfields, as defined in
the Small Business Liability Relief and Brownfields Revitalization Act (Pub. L. 107 -
118). Public use does not include economic development that primarily benefits private
entities.
O. The Grantee must not use any Grant Funds to maintain or establish a computer
network that does not block the viewing, downloading, and exchanging of pornography.
This requirement does not limit the use of funds necessary for any Federal, State, tribal,
or local law enforcement agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
P. The Grantee must administer its Grant Funds in accordance with the Conflict
of Interest requirements set forth in Appendix 6 of this Grant Agreement.
Q. The Grantee must comply with the governmentwide debarment and suspension
requirements in 2 CFR part 180 as incorporated and supplemented by HUD’s regulations
at 2 CFR part 2424.
R. The Grantee must comply with the award term and condition regarding
trafficking in persons in Appendix 7 of this Grant Agreement.
S. The assurances and certifications the Grantee has made and submitted to HUD
are incorporated by this reference and made part of this Grant Agreement.
ARTICLE V. Drawdown Requirements
A. The Grantee may not draw down Grant Funds until HUD has received and
approved any certifications and disclosures required by 24 CFR 87.100 concerning
lobbying, if applicable.
B. The Grantee must use HUD’s Disaster Recovery Grant Reporting (DRGR)
system to draw down Grant Funds and report to HUD on activities.
C. The Grantee must enter activity and budget information in DRGR that is
consistent with the Grantee’s Project and Approved Budget as described in Article III,
sections A and B of this Grant Agreement and complies with HUD’s instructions for
entering information in DRGR found in the document titled “Grant Award Instructions”
that accompanies the Grant Agreement .
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D. The Grantee must only enter activities in DRGR that are described in the
Approved Budget.
E. The Grantee must expend all Grant Funds in accordance with the activity and
budget information in DRGR.
F. Each drawdown of Grant Funds constitutes a representation by the Grantee
that the funds will be used in accordance with this Grant Agreement.
G. The Grantee must use DRGR to track the use of program income and must
report the receipt and use of program income in the reports the Grantee submits to HUD
under Article VI of this Grant Agreement. The Grantee must expend program income
before drawing down Grant Funds through DRGR.
H. Notwithstanding any other provision of this grant agreement, HUD will not be
responsible for payment of any Grant Funds after the date Treasury closes the account in
accordance with 31 U.S.C. § 1552. Because Treasury may close the a ccount up to one
week before the September 30 date specified by 31 U.S.C. § 1552, the Grantee is advised
to make its final request for payment u nder the grant no later than September 15, 2031.
ARTICLE VI. Program-Specific Reporting Requirements
In addition to the general reporting requirements that apply under other provisions
of this Agreement, the following program -specific reporting requirem ents apply to the
Grantee:
A. The Grantee must submit a performance report in DRGR on a semi-annual
basis and must include a completed Federal financial report as an attachment to each
performance report in DRGR. Performance reports shall consist of a narrative of work
accomplished during the reporting period. During the Period of Performance, the Grantee
must submit these reports in DRGR no later than 30 calendar days after the end of the 6-
month reporting period. The first of these reporting periods begins on the first of January
or June (whichever occurs first) after the date this Grant Agreement is signed by HUD.
B. The performance report must contain the information required for reporting
program performance under 2 CFR 200.329(c)(2) and (d), including a comparison of
actual accomplishments to the objectives of the Project as described in Article III, section
A of this Grant Agreement , the reasons why established goals were not met, if
appropriate, and additional pertinent information including, when appropriate, analysis
and explanation of cost overruns or high unit costs.
C. Financial reports must be submitted using DRGR or such future collections
HUD may require and as approved by OMB and listed on the Grants.gov website
(https://www.grants.gov/web/grants/forms/post-award-reporting-forms.html).
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D. The performance and financial reports will undergo review and approval by
HUD. If a report submission is insufficient, HUD will reject the report in DRGR and
identify the corrections the Grantee must make.
E. No drawdown of funds will be allowed through DRGR while the Grantee has
an overdue performance or financial report.
F. The Grantee must report and account for all property acquired or improved
with Grant Funds as provided by 2 CFR part 200 using the applicable common forms
approved by OMB and provided on the Grants.gov website
(https://www.grants.gov/web/grants/forms/post -award-reporting-forms.html). This
reporting obligation includes submitting status reports on real property at least annually
as provided by 2 CFR 200.330, accounting for real and personal property acquired or
improved with Grant Funds as part of Project Closeout, and promptly submitting requests
for disposition instructions as provided by 2 CFR 200.311(c), 200.313(e), and
200.314(a).
ARTICLE VII. Project Closeout
A. The grant will be closed out in accordance with 2 CFR part 200, as may be
amended from time to time, except as otherwise specified in this Grant Agreement.
B. The Grantee must submit to HUD a written request to closeout the grant no
later than 30 calendar days after the Grantee has drawn down all Grant Funds and
completed the Project as described in Article III, section A of this Grant Agreement .
HUD will then send the Closeout Agreement and Closeout Certification to the Grantee.
C. At HUD's option, the Grantee may delay initiation of project closeout until the
resolution of any findings as a result of the review of semi -annual activity reports in
DRGR. If HUD exercises this option, the Grantee must promptly resolve the findings.
D. The Grantee recognizes that the closeout process may entail a review by HUD
to determine compliance with the Grant Agreement by the Grantee and all participating
parties. The Grantee agrees to cooperate with any HUD review, including reasonable
requests for on-site inspection of property acquired or improved with Grant Funds .
E. No later than 120 calendar days after the Period of Performance, Grantees
shall provide to HUD the following documentation:
1. A Certification of Project Completion.
2. A Grant Closeout Agreement.
3. A final financial report giving the amount and types of project costs
charged to the grant (that meet the allowability and allocability
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requirements of 2 CFR part 200, subpart E); a certification of
the costs; and the amounts and sources of other project funds.
4. A final performance report providing a comparison of actual
accomplishments with the objectives of the Project , the reasons for slippage
if established object ives were not met and additional pertinent
information including explanation of significant cost overruns.
5. A final property report, if specifically requested by HUD at the time of closeout.
ARTICLE VIII. Default
A default under this Grant Agreement shall consist of any use of Grant Funds for a purpose other
than as authorized by this Grant Agreement, any noncompliance with statutory, regulatory, or
other requirements applicable to the Grant Funds, any other material breach of this Grant
Agreement, or any material misrepresentation in the Grantee’s submissions to HUD in
anticipation of this award . If the Grantee fails to comply with the terms and conditions of the
Grant Agreement, HUD may adjust specific conditions of this Grant Agreement as described in 2
CFR part 200, as may be amended from time to time. If HUD determines that noncompliance
cannot be remedied by imposing additional conditions, HUD may take one or more of the
remedies for noncompliance described in 2 CFR part 200, as may be amended from time to time.
HUD may also terminate all or a part of this award as provided by 2 CFR 200.340 and other
applicable provisions of 2 CFR part 200, as may be amended from time to time. Nothing in this
Grant Agreement shall be construed as creating or justifying any claim against the Federal
government or the Grantee by any third party.
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ARTICLE IX. HUD Contact Information
Except where this Grant Agreement specifically states otherwise, all requests, su bmissions,
and reports the Grantee is required to make to HUD under this Grant Agreement must be made
in writing via email to CPFGrants@hud.gov.
This agreement is hereby executed on behalf of the Grantee and HUD as follows:
GRANTEE
______________________________________________________
(Name of Organization)
BY: _________________________________________________
(Signature of Authorized Official)
_________________________________________________
(Typed Name and Title of Authorized Official)
_________________________________________________
(Date)
HUD
BY: _________________________________________________
Robin J. Keegan,
Deputy Assistant Secretary for Economic Develo pment
_________________________________________________
(Date)
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APPENDIX 1 – Project Narrative
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APPENDIX 2 – Approved Budget
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APPENDIX 3 – Grantee’s Indirect Cost Rate Information
Subject to the applicable requirements in 2 CFR part 200 (including its appendices),
the Grantee will use an indirect cost rate as represented by the Grantee below :
The Grantee will not use an indirect cost rate to charge its indirect costs to the
grant.
The Grantee will use the indirect cost rate(s) identified in the table below to
charge its indirect costs to the grant.
Agency/Dept./Major Function Indirect cost rate Direct Cost Base
_________________________ _____________% ______________
_________________________ _____________% ______________
[PLEASE NOTE: The grantee must check one of the two boxes above. If the second box is
checked, the corresponding table must be filled out as described below.
The table must include each indirect cost rate that will be used to calculate the Grantee’s
indirect costs under the grant . The table must also specify the type of direct cost base to
which each included rate applies (for example, Modified Total Direct Costs (MTDC)). Do
not include indirect cost rate information for subrecipients.
For government entities, enter each agen cy or department that will carry out activities
under the grant, the indirect cost rate applicable t o each department/agency (including if the
de minimis rate is used per 2 CFR 200.414), and the type of direct cost base to which the
rate will be applied.
For nonprofit organizations that use the Simplified Allocation Method for indirect costs or
elects to use the de minimis rate of 10% of Modified Total Direct Costs in accordance with
2 CFR 200.414, enter the applicable indirect cost rate and type of dire ct cost base in the
first row of the table.
For nonprofit organizations that use the Multiple All ocation Base Method, enter each major
function of the organization for which a rate was developed and will be used under the
grant, the indirect cost rate applicable to that major function, and the type of direct cost
base to which the rate will be applied.]
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APPENDIX 4 –
Award Term and Condition for Grantee Integrity and Performance Matters
Reporting of Matters Related to Grantee In tegrity and Performance
1. General Reporting Requirement
If the total value of the Grantee’s currently active grants, cooperative agreements, and
procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of
time during the period of performance of this Federal award, then during that period of time the
Grantee must maintain the currency of information reported to the System for Award
Management (SAM) that is made available in the designated integrity and performan ce system
(currently the Federal Awardee Performance and Integrity Information System (FAPIIS)) about
civil, criminal, or administrative proceedings described in paragraph 2 of this award term and
condition. This is a statutory requirement under section 87 2 of Public Law 110-417, as amended
(41 U.S.C. 2313). As required by section 3010 of Public Law 111 -212, all information posted in
the designated integrity and performance system on or after April 15, 2011, except past
performance reviews required for Fede ral procurement contracts, will be publicly available.
2. Proceedings About Which Grantee Must Report
During any period of time when the Grantee is subject to the requirement in paragraph 1 of this
award term and condition, the Grantee must submit the information required about each
proceeding that:
a. Is in connection with the award or performance of a grant, cooperative agreement, or
procurement contract from the Federal Government;
b. Reached its final disposition during the most recent five -year period; and
c. Is one of the following:
(1) A criminal proceeding that resulted in a conviction, as defined in paragraph 5 of this
award term and condition;
(2) A civil proceeding that resulted in a finding of fault and liability and payment of a
monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more;
(3) An administrative proceeding, as defined in paragraph 5. of this award term and
condition, that resulted in a finding of fault and liability and the Grantee’s payment of
either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or
damages in excess of $100,000; or
(4) Any other criminal, civil, or administrative proceeding if:
(i) It could have led to an outcome described in paragraph 2.c.(1), (2), or (3) of
this award term and condition;
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FY 2023 COMMUNITY PROJECT FUNDING
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(ii) It had a different disposition arrived at by consent or compromise with an
acknowledgment of fault on the Grantee’s part; and
(iii) The requirement in this award term and condition to disclose information
about the proceeding does not conflict with applicable laws and regulations.
3. Reporting Procedures
During any period of time when the Grantee is subject to the requirement in paragraph 1 of this
award term and condition, the Grantee must enter in the SAM Entity Management area the
information that SAM requires about each proceeding described in paragraph 2 of this award
term and condition. The Grantee does not need to submit the information a second time under
assistance awards that the Grantee received if the Grantee already provided the information
through SAM because the Grantee was required to do so under Federal procurement contracts
that the Grantee was awarded.
4. Reporting Frequency
During any period of time when the Grantee is subject to the requirement in paragraph 1 of this
award term and condition, the Grantee must report proceedings information through SAM for the
most recent five-year period, either to report new information about any proceeding(s) that the
Grantee has not reported previously or affirm that there is no new information to report. If the
Grantee has Federal contract, grant, and cooperative agreement awards with a cumulative total
value greater than $10,000,000, the Grantee must disclose semiannually any information about
the criminal, civil, and administrative proceedings.
5. Definitions
For purposes of this award term and condition:
a. Administrative proceeding means a non-judicial process that is adjudicatory in nature in order
to make a determination of fault or liability (e.g., Securities and Exchange Commission
Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed
Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and
State level but only in connection with performance of a Federal contract or grant. It does not
include audits, site visits, corrective plans, or inspection of del iverables.
b. Conviction, for purposes of this award term and condition, means a judgment or conviction of
a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a
plea, and includes a conviction entered upon a plea o f nolo contendere.
c. Total value of currently active grants, cooperative agreements, and procurement contracts
includes—
(1) Only the Federal share of the funding under any Federal award with a cost share or
match requirement; and
(2) The value of all expected funding increments under a Federal award and options, even
if not yet exercised.
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APPENDIX 5 – Specific Award Conditions
NONE.
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APPENDIX 6 – Conflict of Interest Requirements
1. Conflicts Subject to Procurement Regulations. When procuring property or services, the
grantee and its subrecipients shall comply with the applicable conflict-of-interest rules in 2 CFR
200.317 and 2 CFR 200.318(c). In all cases not governed by 2 CFR 200.317 and 2 CFR
200.318(c), the Grantee and its subrecipients must follow the requirements contained in
paragraphs 2-5 below.
2. General prohibition. No person who is an employee, agent, consultant, officer, or elected or
appointed official of the Grantee or subrecipient and who exercises or has exercised any
functions or responsibilities with respect to assisted activities, or who is in a position to
participate in a decision making process or gain inside in formation with regard to such activities,
may obtain a financial interest or benefit from the activity, or have a financial interest in any
contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for
himself or herself or for those with whom he or she has immediate family or business ties, during
his or her tenure or for one year thereafter. Immediate family ties include (whether by blood,
marriage or adoption) the spouse, parent (including a stepparent), child (includin g a stepchild),
sibling (including a stepsibling), grandparent, grandchild, and in -laws of a covered person.
3. Exceptions. HUD may grant an exception to the general prohibition in paragraph (ii) upon the
Grantee’s written request and satisfaction of the threshold requirements in paragraph (iv), if
HUD determines the exception will further the Federal purpose of the award and the effective
and efficient administration of the Grantee’s Project, taking into account the cumulative effects
of the factors in paragraph (v).
4. Threshold requirements for exceptions . HUD will consider an exception only after the Grantee
has provided the following documentation:
a. A disclosure of the nature of the conflict, accompanied by an assurance that there has
been public disclosure of the conflict and a description of how th at disclosure was made;
and
b. An opinion of the Grantee's attorney that the interest for which the exception is sought
would not violate state or local law.
5. Factors to be considered for excepti ons. In determining whether to grant a requested exception
after the Grantee has satisfactorily met the threshold requireme nts in paragraph (iii), HUD will
consider the cumulative effect of the following factors, where applicable:
a. Whether the exception would provide a significant cost benefit or an essential degree
of expertise to the program or project that would otherwi se not be available;
b. Whether an opportunity was provided for open competitive bidding or negotiation;
c. Whether the person affected is a member of a group or class of low - or moderate-
income persons intended to be the beneficiaries of the assisted activity, and the exception
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FY 2023 COMMUNITY PROJECT FUNDING
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will permit such person to receive generally the same interests or benefits as are being made
available or provided to the group or class;
d. Whether the affected person has withdrawn from his or her functions or responsibilities,
or the decision-making process regarding the assisted activity in question;
e. Whether the interest or benefit was present before the affected person was in a posit ion as
described in paragraph (ii);
f. Whether undue hardship will result either to the Grantee or the person affected when
weighed against the public interest served by avoiding the prohibited conflict; and
g. Any other relevant considerations.
6. Disclosure of potential conflicts of interest. The Grantee must disclose in writing to HUD any
potential conflict of interest.
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APPENDIX 7 – Award Term and Condition Regarding Trafficking in Persons
The following award term and condition, which is required by 2 CFR part 175, applies as
written:
a. Provisions applicable to a grantee that is a private entity.
1.You as the grantee, your employees, subrecipients under this award, and
subrecipients' employees may not—
i. Engage in severe forms of trafficking in persons during the period of
time that the award is in effect;
ii. Procure a commercial sex act during the period of time that the award is
in effect; or
iii. Use forced labor in the performance of the award or subawards under
the award.
2.We as the Federal awarding agency may unilaterally terminate this award,
without penalty, if you or a subrecipient that is a private entity:
i. Is determined to have violated a prohibition in paragraph a.1 of this
award term; or
ii. Has an employee who is determined by the agency official authorized
to terminate the award to have violated a prohibition in paragraph a.1 of
this award term through conduct that is either —
A. Associated with performance under this award; or
B. Imputed to you or the subrecipient using the standards and due process for imputing the
conduct of an individual to an organization that are provided in 2 CFR Part 180, “OMB
Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” as
implemented by HUD at 2 CFR 2424.
b. Provision applicable to a grantee other than a private entity.
We as the Federal awarding agency may unilaterally terminate this award, without
penalty, if a subrecipient that is a private entity —
1. Is determined to have violated an applicable prohibition in paragraph a.1 of this
award term; or
2. Has an employee who is determined by the agency official authorized to
terminate the award to have violated an applicable prohibition in paragraph a.1 of
this award term through conduct that is either:
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FY 2023 COMMUNITY PROJECT FUNDING
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i. Associated with performance under this award; or
ii. Imputed to the subrecipient using the standards and due process for imputing
the conduct of an individual to an organization that are provided in 2 CFR part
180, “OMB Guidelines to Agencies on Governmentwide Debarment and
Suspension (Nonprocurement),” as implemented by HUD at 2 CFR 2424.
c. Provisions applicable to any grantee.
1. You must inform us immediately of any information you receive from any source
alleging a violation of a prohibition in paragraph a.1 of this award term.
2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this
section:
i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000
(TVPA), as amended (22 U.S.C. 7104(g)), and
ii. Is in addition to all other remedies for noncompliance that are available to us
under this award.
3. You must include the requirements of paragraph a.1 of this award term in any
subaward you make to a private entity.
d. Definitions. For purposes of this award term:
1.“Employee” means either:
i. An individual employed by you or a subrecipient who is engaged in the
performance of the project or program under this award; or
ii. Another person engaged in the performance of the project or program under
this award and not compensated by you including, but not limited to, a volunteer
or individual whose services are contributed by a third party as an in -kind
contribution toward cost sharing or matching requirements.
2. “Forced labor” means labor obtained by any of the following methods: the
recruitment, harboring, transportation, provision, or obtai ning of a person for labor or
services, through the use of force, fraud, or coercion for the purpose of subjection to
involuntary servitude, peonage, debt bondage, or slavery.
Page 20
FY 2023 COMMUNITY PROJECT FUNDING
GRANT AGREEMENT NO. B-23-CP-MN-0879
3. “Private entity”:
i. Means any entity other than a State, local government, Indian tribe, or
foreign public entity, as those terms are defined in 2 CFR 175.25.
ii. Includes:
A. A nonprofit organization, including any nonprofit institution of
higher education, hospital, or tribal organization other than one
included in the definition of Indian tribe at 2 CFR 175.25(b).
B. A for-profit organization.
4. “Severe forms of traffi cking in persons,” “commercial sex act,” and “coercion”
have the meanings given at section 103 of the TVPA, as amended (22 U.S.C.
7102).
Page 21
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #4.D.
STAFF RE P ORT NO. 59
CIT Y COUNCIL MEET ING
4/23/2024
RE P O RT P RE PA RE D B Y:Matt Hardegger, Transportation E ngineer
D E PA RTME NT D IRE C TO R RE V IE W:K ristin A sher, P ublic Works D irector
4/16/2024
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
4/17/2024
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 of support for a Community Project Funding (C P F) grant application
for design plan development for the replacement of the 73rd Street Pedestrian Bridge over I-35W.
E X E C UT IV E S UM M ARY:
City staff are seeking to request an appropriation to complete design work for a future replacement of the 73rd
Street pedestrian bridge over I -35W , through the Congressional C P F program via Rep. Omar's office.
RE C O M M E ND E D AC T I O N:
By Motion: Approve the resolution of support for a C P F grant application for design plan development
for the replacement of the 73rd Street Pedestrian Bridge over I-35W .
B AS IS O F RE C O M M E ND AT I O N:
A .H IS TOR IC AL C ON T E X T
C ommunity P roject F unding allows C ongress members to directly fund projects that will positively impact their
community with the recognition that members know the specific needs of their district most acutely. A pplications
are currently being accepted by Rep. Omar's office for projects to be funded in the F Y 2025 appropriations bill.
S taff have been seeking outside funding to construct a replacement for the aging, non-A D A -compliant
pedestrian bridge that connects 73rd S treet over I-35W. C urrently active grant applications are being reviewed
that would cover 80% of the project's construction costs, and staff are submitting this application to cover design
costs. Improvements to this bridge have been identified in several of the city's long-range planning documents,
most recently the A ctive Transportation A ction P lan.
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: Replacement of the non-A D A -compliant pedestrian bridge meets the city's goal to
ensure that city infrastructure meets service needs as well as prioritizing climate resilience by creating an
improved connection for non-motorized traffic across I-35W.
Equity Considerations: Replacement of the bridge creates a better connection across I-35W, allowing more
non-motorized transportation users to have a more direct and safer route to travel east-west within the city. This
will decrease travel times for residents who either are not able or choose not to drive a personal vehicle for
transportation.
C .P OL IC IE S (resolutions, ordinances, regulations, statutes, exc):
A resolution of support from the governing body of the agency submitting the C P F grant application is required
and helps demonstrate community support.
D .C R IT IC AL T IMIN G IS S U E S:
The timeline for C P F submissions for F Y2025 is not yet known, however, Rep. Omar's office has indicated to
staff that the application window will likely be as narrow as two weeks which necessitates the approval of this
resolution of support in advance of the assembly of our grant application.
E .F IN AN C IAL IMPAC T:
D esign costs are currently estimated to be approximately $1.2 million. The grant application will require a
more detailed cost estimate, which will be completed by staff and used as the basis for the actual
requested amount.
The final amount requested may not be the final amount appropriated if C ongress selects this project, and
the city would be responsible for any costs incurred above the requested grant amount.
The city could choose to not accept the grant award if the city cost-share does not make financial sense
for the project or city.
F.L E GAL C ON S ID E R AT ION:
None at this time.
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:
None.
AT TAC H ME N T S:
D escription Type
73rd S t B ridge C P F ROS Resolution L etter
RESOLUTION NO.
RESOLUTION OF SUPPORT FOR THE COMMUNITY
PROJECT FUNDING (CPF) GRANT APPLICATION FOR
73RD STREET PEDESTRIAN BRIDGE REPLACEMENT
WHEREAS, the City of Richfield has been pursuing a replacement for the existing
pedestrian bridge at 73rd Street over I-35W ; and
WHEREAS, the 73rd Street pedestrian bridge is one of only three crossings of I-35W
within Richfield, and the only crossing dedicated solely to non -vehicular users; and
WHEREAS, the bridge has been identified as a key connection for residents and
school-aged children across I-35W in the city’s Bicycle Master Plan, Pedestrian Master Plan,
and Active Transportation Action Plan; and
WHEREAS, the existing bridge is not compliant with the Americans with Disabilities
Act; and
WHEREAS, the reconstructed bridge would provide a more direct accessible
crossing of I-35W to Richfield Middle School and High School students and families than the
busy vehicular crossings at 66th and 76th Streets; and
WHEREAS, CPF grants are specifically targeted to shovel-ready projects in
Congressional members’ districts that demonstrate broad community engagement and
support and will work to improve the lives of residents and business owners in the district;
and
WHEREAS, the identified project will improve accessibility across a freeway barrier,
creating safer conditions for residents who are walking, biking, and rolling in Richfield ; and
WHEREAS, the direct benefits listed above will be directly experienced by the diverse
populations of Minnesota’s 5th Congressional District; and
WHEREAS, project stakeholders have identified this project through community
outreach and engagement and will continue that effort to ensure that equity considerations
are front and center to this project.
NOW, THEREFORE, BE IT RESOLVED, that the City of Richfield enthusiastically
expresses its support for the CPF grant application for the 73rd Street Pedestrian Bridge
Replacement.
Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of April,
2024.
Mary B. Supple, Mayor
ATTEST:
Kelly Wynn, Interim City Clerk
AGENDA SECTION:PROPOSED
ORDINANCES
AGENDA ITEM #6.
STAFF RE P ORT NO. 60
CIT Y COUNCIL MEET ING
4/23/2024
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
4/18/2024
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
4/17/2024
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consider approval of the second 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.
The City Council approved the first reading of the proposed ordinance at the April 9, 2024 meeting.
RE C O M M E ND E D AC T I O N:
By Motion: Approve the second reading of an ordinance amending Section 925.07 through 925.09 of
the Richfield City Code relating to the abatement of public health nuisances and assessment of
abatement costs to property, and approve a resolution authorizing summary publication of said
ordinance.
B AS IS O F RE C O M M E ND AT I O N:
A .H IS TOR IC AL C ON T E X T
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:
None
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):
This C ity C ouncil could decide not to approve the second reading of the proposed 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 roposed P HNu ordinance C over Memo
Res and S um P ub for P HNu 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 23rd day of April, 2024.
Mary B. Supple, Mayor
ATTEST:
Kelly Wynn, Interim City Clerk
RESOLUTION NO. _____
RESOLUTION APPROVING SUMMARY PUBLICATION
OF AN ORDINANCE AMENDING CHAPTER 9 OF THE CITY CODE
WHEREAS, the City has adopted the above-referenced amendment of the
Richfield City Code; and
WHEREAS, the verbatim text of the amendment is cumbersome, and the
expense of publication of the complete text is not justified.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield that the following summary is hereby approved for official publication:
SUMMARY PUBLICATION
BILL NO. ________
AN ORDINANCE AMENDING CHAPTER 9, SECTION 925 OF THE CITY CODE
This summary of the ordinance is published pursuant to Section 3.12 of the
Richfield City Charter.
This ordinance amends City Code Chapter 9 relating to the abatement of public
health nuisances and assessment of abatement costs to property.
Copies of the ordinance are available for public inspection in the City Clerk’s
office during normal business hours or upon request by calling the Support Services
Manager at 612-861-9881.
Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of
April, 2024.
Mary B. Supple, Mayor
ATTEST:
Kelly Wynn, Interim City Clerk
AGENDA SECTION:RESOLUTIONS
AGENDA ITEM #7.
STAFF RE P ORT NO. 61
CIT Y COUNCIL MEET ING
4/23/2024
RE P O RT P RE PA RE D B Y:S ack Thongvanh, A ssistant C ity Manager
D E PA RTME NT D IRE C TO R RE V IE W:S ack Thongvanh, A ssistant C ity Manager
4/17/2024
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
4/18/2024
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Implement the Compensation and Classification Study findings and approve recommended General
and Specialized Pay Grades and Pay Plans.
E X E C UT IV E S UM M ARY:
The compensation review process began last fall when staff completed the Position Analysis Questionnaires.
Baker Tilly then collected compensation and benefit data from 11 peer cities, which was used by the consultant
to recommend pay grades and a corresponding pay plan for each position. These recommendations underwent
review by supervisors, department directors, and Human Resources. The questionnaires, market analysis and
reviews did result in 35 positions being placed in higher grades. The overarching objective has been to place all
positions in the appropriate pay grade based on job responsibilities and to align position pay ranges with market
levels while establishing a consistent pay grade and step system to facilitate staff progression based on
experience.
Baker Tilly presented their findings to City Council at the February 28, 2024 work session meeting. Based on
that discussion and further analysis of the options, staff recommended a new option, titled Option 1 Plus, to
City Council at the April 9, 2024 work session meeting.
There are always some challenges in implementing a significant change to compensation, Option 1 Plus is the
most fair option since it provides a minimum of a 1% increase upon transition. The recommended
implementation, new General and Specialized Pay Grades and Pay Plans are in alignment with City goals to
recruit and retain a high-quality workforce which is especially critical given the historically tight labor market.
I n sum, investing in a high-quality workforce through competitive and equitable compensation and classification
practices is essential for the City to achieve its strategic priorities and deliver high-quality services to its
residents.
RE C O M M E ND E D AC T I O N:
By Motion: Approve attached resolutions to implement Compensation and Class Study findings and
approve recommended General and Specialized Pay Grades and Pay Plans.
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
W hile the C ity has not conducted a comprehensive review of its entire compensation structure in over two
decades, it has regularly conducted targeted market analyses for specific positions. Recent adjustments for
liquor store associates and seasonal recreation staff demonstrate the C ity's responsiveness to evolving market
conditions. In addition, negotiations with represented employees include compensation comparisons to peer
cities which are then implemented via collective bargaining agreements. The C ity also regularly researches
market comparisons when there is turnover in non-represented positions.
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
T he Compensation and Class Study plays an important role in ensuring that the City maintains
competitiveness in the marketplace by aligning with the strategic priority for a high-quality
workforce. T his study evaluates the compensation structure of positions within the organization to
ensure that they are in line with industry standards and comparable to those offered by other peer
employers in the market.
The development of the proposed pay plan is based in S ystematic A nalysis and F actor E valuation (S A F E )
scores for each position. The S A F E scores provide a more objective and consistent method to evaluate how
positions are assigned to pay grades. This ensures better pay equity and will allow the C ity a better system to
use for future job evaluations so that pay equity is maintained.
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 new General and S pecialized P ay Grades and P ay P lans will be implemented starting May 5th.
E .F IN AN C IAL IMPAC T:
It is the historically tight labor market, especially for some positions, that is driving most of the projected financial
impact. S taffing shortages are particularly acute in law enforcement and public finance, pushing up average
wages in the region. The upward wage pressure is also evident for our part-time and seasonal employees, and
the lower pay grades in the General P lan.
The estimated 2024 cost to implement the new pay plan for the General and S pecialized P ay P lans which
include preliminary estimates to update the five union pay plans that are currently being negotiated is $801,000.
We will recommend using a combination of reserves and P ublic S afety A id funding to close the gap in 2024
(note that the aid funding is limited to public safety related 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):
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
General P ay P lan Resolution Resolution L etter
P ay Grades_2024 General (Non-Union)E xhibit
P ay P lan_2024 General (Non-Union)E xhibit
S pecialized P ay P lan Resolution Resolution L etter
P ay Grades_2024 S pecialized (Non-Union)E xhibit
P ay P lan_2024 S pecialized (Non-Union)E xhibit
RESOLUTION NO.
RESOLUTION RELATING TO THE REVISED 2024 GENERAL
PAY PLAN
WHEREAS, the compensation personnel policy of the City of Richfield provides for the
adoption of a pay plan for General employees, and
WHEREAS, the City administration has participated in a Compensation and
Classification study for position classifications and revised pay ranges for non-union
employees and,
WHEREAS, a list of positions in each pay grade are listed in Exhibit A and the
corresponding pay ranges are listed in Exhibit B, and
WHEREAS, employees in Grade 1-21 will receive a minimum of 1% increase upon
implementation, and
WHEREAS, employees in Grade 1-12 (under the Step Plan) will receive a one-time
lump sum if the transition to the next highest step is less than 1%, while those assigned
Grade 13-21(under the Open Plan) will receive a minimum of a 1% increase to their
base pay.
NOW, THEREFORE, BE IT RESOLVED that the City Council does establish the
revised pay plan attached as Exhibit B, which is to be effective May 5, 2024, and
subject to all applicable provisions of the personnel policy and City Code.
Passed by the City Council of the City of Richfield, Minnesota this 23rd day of April
2024.
Mary B. Supple, Mayor
ATTEST:
Kelly Wynn, Interim City Clerk
Department Division Title Proposed Title Grade
EXECUTIVE City Manager CITY MANAGER 22
POLICE Police Operations PUBLIC SAFETY DIRECTOR 21
ADMINISTRATIVE SERVICES Administration ASSISTANT CITY MANAGER 20
COMMUNITY DEVELOPMENT Community Development COMMUNITY DEVELOPMENT DIRECTOR 20
FINANCE Finance FINANCE DIRECTOR 20
FIRE Fire FIRE SERVICES DIRECTOR 20
PUBLIC WORKS Public Works Admin PUBLIC WORKS DIRECTOR 20
RECREATION Recreation RECREATION SERVICES DIRECTOR 20
POLICE Police Operations DEPUTY PUBLIC SAFETY DIRECTOR 18
PUBLIC WORKS Street DEPUTY PW DIRECTOR 18
ADMINISTRATIVE SERVICES Human Resources HUMAN RESOURCES MANAGER 17
COMMUNITY DEVELOPMENT Community Development
HOUSING/REDEVELOPMENT MANAGER/
ASSISTANT COMMUNITY DEVELOPMENT
DIRECTOR ASSISTANT CD DIRECTOR 17
FIRE Fire ASST FIRE CHIEF 17
PUBLIC WORKS Engineering CITY ENGINEER 17
ADMINISTRATIVE SERVICES Building Services GOVERNMENT BLDGS SUPERINTENDNT 16
ADMINISTRATIVE SERVICES Information Technology IT MANAGER 16
ADMINISTRATIVE SERVICES Liquor Operations LIQUOR OPERATIONS MANAGER 16
COMMUNITY DEVELOPMENT Community Development CHIEF BUILDING OFFICIAL 16
PUBLIC WORKS Water UTILITY SUPERINTENDENT 16
ADMINISTRATIVE SERVICES Communication COMMUNICATIONS MANAGER 15
COMMUNITY DEVELOPMENT Community Development CITY PLANNER 15
COMMUNITY DEVELOPMENT Community Development ECONOMIC DEVELOPMENT MANAGER 15
FINANCE Finance ASSISTANT FINANCE DIRECTOR 15
PUBLIC WORKS Engineering TRANSPORTATION ENGINEER 15
PUBLIC WORKS Water ASSISTANT UTILITIES SUPERINTD 15
RECREATION Recreation FACILITY/PROGRAM MANAGER - POOL/ARENA 15
ADMINISTRATIVE SERVICES City Clerk CITY CLERK 14
ADMINISTRATIVE SERVICES Information Technology ASST IT MANAGER/BUS ANALYST 14
COMMUNITY DEVELOPMENT HRA MULTI FAMILY HOUSING PRGM ADMN 14
FINANCE Finance PAYROLL ACCOUNTANT 14
POLICE Support Services SUPPORT SERVICES SUPERVISOR 14
PUBLIC WORKS Central Garage OPERATIONS SUPERVISOR 14
PUBLIC WORKS Engineering PROJECT ENGINEER 14
PUBLIC WORKS Water UTILITIES SUPERVISOR 14
2024 Proposed Pay Grades
GENERAL PAY GRADE
Exhibit A
2024 Proposed Pay Grades
GENERAL PAY GRADE
RECREATION Recreation FACILITY/PROGRAM MANAGER 14
COMMUNITY DEVELOPMENT Community Development SENIOR BUILDING TRADE INSPECTOR 13
EXECUTIVE/PUBLIC WORKS City Manager/PW Admin MANAGEMENT ANALYST SENIOR ANALYST 13
PUBLIC WORKS Engineering CIVIL ENGINEER 13
PUBLIC WORKS Water WATER RESOURCE ENGINEER 13
RECREATION Recreation RECREATION SUPERVISOR - FACILITIES 13
ADMINISTRATIVE SERVICES Deputy Registrar MOTOR VEHICLE/LIC SUPERVISOR 12
ADMINISTRATIVE SERVICES Information Technology/Police Operations IT TECHNICIAN II 12
ADMINISTRATIVE SERVICES Liquor Operations LIQUOR STORE MANAGER 12
COMMUNITY DEVELOPMENT Community Development PLANNER II 12
COMMUNITY DEVELOPMENT Community Development BUILDING/TRADE INSPECTOR 12
COMMUNITY DEVELOPMENT Community Development MECHANICAL/PLUMBING INSPECTOR 12
EXECUTIVE City Manager EQUITY COORDINATOR 12
POLICE Police Operations RECORDS SUPERVISOR 12
POLICE/RECREATION Police Operations/Recreation EXECUTIVE AIDE/ANALYST ANALYST 12
PUBLIC WORKS Public Works Admin GIS COORDINATOR 12
RECREATION Recreation RECREATION SUPERVISOR 12
RECREATION Recreation SUSTAINABILITY SPECIALIST 12
RECREATION Wood Lake Nature Center NATURALIST 12
ADMINISTRATIVE SERVICES Human Resources HUMAN RESOURCES SPECIALIST 11
ADMINISTRATIVE SERVICES Information Technology IT TECHNICIAN I/HELP DESK 11
CD/FINANCE CD(HRA)/Finance CD ACCOUNTANT ACCOUNTANT 11
COMMUNITY DEVELOPMENT Community Development HOUSING SPECIALIST 11
POLICE Support Services CODE COMPLIANCE OFFICER 11
PUBLIC WORKS Engineering ENGINEERING TECHNICIAN 11
ADMINISTRATIVE SERVICES Communication COMMUNICATIONS SPECIALIST 10
COMMUNITY DEVELOPMENT Community Development PLANNER I 10
POLICE Police Operations CRIME PREVENTION SPECIALIST 10
POLICE Police Operations POLICE DATA & MEDIA SPECIALIST 10
POLICE Police Operations RECORDS TECHNICIAN 10
PUBLIC WORKS Engineering ENGINEERING ASSISTANT 10
PUBLIC WORKS Street FORESTER 10
ADMINISTRATIVE SERVICES Deputy Registrar LEAD LICENSING CLERK LEAD LICENSING TECHNICIAN 9
CD/EXECUTIVE CD/City Manager/Fire ADMINISTRATIVE ASSISTANT 9
COMMUNITY DEVELOPMENT Community Development ASSISTANT PLANNER PLANNING TECHNICIAN 9
COMMUNITY DEVELOPMENT Community Development PERMIT TECHNICIAN 9
POLICE Support Services HEALTH/LICENSING SPECIALIST 9
ADMINISTRATIVE SERVICES Deputy Registrar LICENSING CLERK LICENSING TECHNICIAN 8
2024 Proposed Pay Grades
GENERAL PAY GRADE
CD/Rec/WLNC/PW CD/Rec/WLNC/PW SENIOR OFFICE ASST 8
COMMUNITY DEVELOPMENT Community Development HOUSING INSPECTIONS CLERK HOUSING INSPECTIONS TECHNICIAN 8
COMMUNITY DEVELOPMENT HRA MULTI FAMILY HOUSING ASST 8
FINANCE Finance ACCOUNTING CLERK ACCOUNTING TECHNICIAN 8
FINANCE Finance UTILITY BILLING CLERK UTILITY BILLING TECHNICIAN 8
POLICE Police Operations SENIOR OFFICE ASST 8
POLICE Support Services COMMUNITY SERVICE OFFICER 8
POLICE Support Services LICENSING CLERK BUSINESS LICENSING TECHNICIAN 8
ADMINISTRATIVE SERVICES Liquor Operations LIQUOR OPERATIONS SHIFT LEADER 7
COMMUNITY DEVELOPMENT HRA COMMUNITY DEVELOPMENT TECH 7
ADMINISTRATIVE SERVICES Building Services CUSTODIAN - PT 6
ADMINISTRATIVE SERVICES Deputy Registrar CITY SERVICES RECEPTIONIST - PT 6
Pay Plan - General
Minimum Midpoint Maximum
2.75%2.75%2.75%2.75%2.75%2.75%2.75%2.75%2.75%2.75%
Grade 1 2 3 4 5 6 7 8 9 10 11
1 $34,053.01 $34,989.46 $35,951.67 $36,940.34 $37,956.20 $39,000.00 $40,072.50 $41,174.49 $42,306.79 $43,470.23 $44,665.66
2 $36,436.72 $37,438.73 $38,468.29 $39,526.17 $40,613.14 $41,730.00 $42,877.58 $44,056.71 $45,268.27 $46,513.15 $47,792.26
3 $38,987.20 $40,059.35 $41,160.98 $42,292.91 $43,455.96 $44,651.00 $45,878.90 $47,140.57 $48,436.94 $49,768.95 $51,137.60
4 $41,716.68 $42,863.89 $44,042.64 $45,253.82 $46,498.30 $47,777.00 $49,090.87 $50,440.87 $51,827.99 $53,253.26 $54,717.72
5 $44,845.19 $46,078.43 $47,345.59 $48,647.59 $49,985.40 $51,360.00 $52,772.40 $54,223.64 $55,714.79 $57,246.95 $58,821.24
6 $48,208.58 $49,534.31 $50,896.51 $52,296.16 $53,734.31 $55,212.00 $56,730.33 $58,290.41 $59,893.40 $61,540.47 $63,232.83
7 $51,824.31 $53,249.48 $54,713.84 $56,218.47 $57,764.48 $59,353.00 $60,985.21 $62,662.30 $64,385.51 $66,156.12 $67,975.41
8 $55,710.72 $57,242.76 $58,816.94 $60,434.40 $62,096.35 $63,804.00 $65,558.61 $67,361.47 $69,213.91 $71,117.29 $73,073.02
9 $59,888.76 $61,535.70 $63,227.93 $64,966.70 $66,753.28 $68,589.00 $70,475.20 $72,413.27 $74,404.63 $76,450.76 $78,553.15
10 $64,380.26 $66,150.72 $67,969.87 $69,839.04 $71,759.61 $73,733.00 $75,760.66 $77,844.08 $79,984.79 $82,184.37 $84,444.44
11 $69,208.81 $71,112.05 $73,067.63 $75,076.99 $77,141.61 $79,263.00 $81,442.73 $83,682.41 $85,983.67 $88,348.22 $90,777.80
12 $74,399.71 $76,445.70 $78,547.95 $80,708.02 $82,927.49 $85,208.00 $87,551.22 $89,958.88 $92,432.75 $94,974.65 $97,586.45
13 $81,095.92 $92,877.00 $106,369.55
14 $88,394.62 $101,236.00 $115,942.89
15 $99,001.69 $113,384.00 $129,855.67
16 $107,912.23 $123,589.00 $141,543.19
17 $116,005.49 $132,858.00 $152,158.73
18 $121,805.86 $139,501.00 $159,766.78
19 $127,896.11 $146,476.00 $167,755.06
20 $134,291.09 $153,800.00 $176,143.04
21 $141,005.64 $161,490.00 $184,950.19
22 $148,056.36 $169,565.00 $194,198.27
City of Richfield, MN
Exhibit B
RESOLUTION NO.
RESOLUTION RELATING TO THE REVISED 2024 SPECIALIZED
PAY PLAN
WHEREAS, the compensation personnel policy of the City of Richfield provides for the
adoption of a pay plan for Specialized employees, and
WHEREAS, the City administration has participated in a Compensation and
Classification study for position classifications and revised pay ranges for non-union
employees and,
WHEREAS a list of positions in each pay grade are listed in Exhibit A and the
corresponding pay ranges are listed in Exhibit B.
NOW, THEREFORE, BE IT RESOLVED that the City Council does establish the
revised pay plan attached as Exhibit B, which is to be effective May 5, 2024, and
subject to all applicable provisions of the personnel policy and City Code.
Passed by the City Council of the City of Richfield, Minnesota this 23rd day of April
2024.
Mary B. Supple, Mayor
ATTEST:
Kelly Wynn, Interim City Clerk
Department Division Title Proposed Title Grade
RECREATION Swimming Pool POOL SUPERVISOR 105
RECREATION Recreation PLAYGROUND COORDINATOR 105
RECREATION Recreation ADAPTIVE COORDINATOR 105
RECREATION Recreation FARMERS MARKET COORDINATOR 105
RECREATION Recreation TENNIS COORDINATOR 105
RECREATION Ice Arena ICE RESURFACER OPERATOR 104
RECREATION Swimming Pool HEAD LIFEGUARD 104
RECREATION Wood Lake Nature Center NATURALIST I SEASONAL NATURALIST 104
ADMINISTRATIVE SERVICES Communication VIDEO PRODUCTION ASSISTANT 103
RECREATION Ice Arena AUDIO TECHNICIAN 103
RECREATION Wood Lake Nature Center CLERK TYPIST OFFICE ASSISTANT 103
RECREATION Wood Lake Nature Center OFFICE AIDE OFFICE ASSISTANT 103
PUBLIC WORKS Park Maintenance MAINTENANCE LABORER 103
ADMINISTRATIVE SERVICES Liquor Operations LIQUOR SALES ASSOCIATE 103
RECREATION Recreation FARMERS MARKET CASHIER 103
RECREATION Recreation RECREATION ATTENDANT 103
RECREATION Recreation ADAPTIVE LEADER/SPECIALIST 103
RECREATION Swimming Pool LIFEGUARD 103
RECREATION Recreation PLAYGROUND LEADER 102
RECREATION Ice Arena ARENA EVENT ATTENDANT 102
RECREATION Recreation CONCESSION I 102
RECREATION Recreation INCLUSION FACILITATOR 102
RECREATION Swimming Pool POOL LEAD CASHIER/CONCESSION 102
RECREATION Recreation WINTER SPORTS ATTENDANT 102
RECREATION Ice Arena FACILITY CASHIER 101
2024 Proposed Pay Grades
SPECIALIZED PAY GRADE
Exhibit A
Pay Plan - Specialized
Minimum Midpoint Maximum
2.75%2.75%2.75%2.75%
Grade 1 2 6 10 11 1 2 3 4 5
101 $29,783.39 $30,602.43 $31,444.00 $32,308.71 $33,197.20 $14.32 $14.71 $15.12 $15.53 $15.96
102 $32,016.86 $32,897.32 $33,802.00 $34,731.56 $35,686.67 $15.39 $15.82 $16.25 $16.70 $17.16
103 $34,417.98 $35,364.48 $36,337.00 $37,336.27 $38,363.01 $16.55 $17.00 $17.47 $17.95 $18.44
104 $36,999.07 $38,016.55 $39,062.00 $40,136.21 $41,239.95 $17.79 $18.28 $18.78 $19.30 $19.83
105 $39,774.33 $40,868.13 $41,992.00 $43,146.78 $44,333.32 $19.12 $19.65 $20.19 $20.74 $21.31
City of Richfield, MN
Exhibit B