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09-24-2024 City Council AgendaREGULAR CITY COUNCIL MEETING RICHFIELD MUNICIPAL CENTER, COUNCIL CHAMBERS SEPTEMBER 24, 2024 7:00 PM INTRODUCTORY PROCEEDINGS Call to order Pledge of Allegiance Open forum Call into the open forum by dialing 1-415-655-0001 Use webinar access code: 2633 038 2260 and password: 1234. Please refer to the Council Agenda & Minutes web page for additional ways to submit comments. Approval of the Minutes of the (1) Special City Council Work Session of August 28, 2024; (2) City Council Work Session of September 10, 2024; and (3) City Council Meeting of September 10, 2024. AGENDA APPROVAL 1.Approval of the Agenda PRESENTATIONS 2.Richfield Beacons Youth Researchers 3.Proclamation celebrating LGBTQ+ History Month 4.Consent Calendar contains several separate items, which are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action on these items is necessary. However, any Council Member may request that an item be removed from the Consent Calendar and placed on the regular agenda for Council discussion and action. All items listed on the Consent Calendar are recommended for approval. A.Consider a resolution supporting the Richfield Economic Development Authority's application to the Hennepin County Business District Initiative Program. Staff Report No. 126 B.Consider the approval of an agreement with the City of Bloomington for the provision of food, pools, lodging, therapeutic massage and body art establishment inspection services for the City of Richfield for 2025. Staff Report No. 127 C.Consider approval of the 2024-2025 Emergency Preparedness agreement with the City of Bloomington, using public health emergency preparedness grant funds distributed by a federal grant from the Centers for Disease Control, to provide services in the area of public health emergency preparedness/bio-terrorism and the development of a response system. Staff Report No. 128 D.A Resolution endorsing the constitutional amendment to reauthorize the dedication of state lottery proceeds to the Environment and Natural Resources Trust Fund (ENRTF). Staff Report No. 129 E.Consider a resolution accepting a grant from Great River Greening in the amount of $105,100 to provide habitat restoration services at Wood Lake Nature Center. Staff Report No. 130 F.Consider the adoption of a resolution appointing election judges for the General Election on November 5, 2024. Staff Report No. 131 5.Consideration of items, if any, removed from Consent Calendar PUBLIC HEARINGS 6.Consider the second reading and hold a public hearing for an ordinance amendment to the Richfield City Code Appendix D (Fee Schedule) related to building, planning, and zoning fees. Staff Report No. 132 CITY MANAGER’S REPORT 7.City Manager's Report CLAIMS AND PAYROLLS 8.Claims and Payroll COUNCIL DISCUSSION 9.Hats Off to Hometown Hits 10.Adjournment 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 Work Session Minutes -1- August 28, 2024 CITY COUNCIL MEETING MINUTES Richfield, Minnesota City Council Work Session August 28, 2024 CALL TO ORDER Mayor Pro Tempore Trautmann called the work session to order at 5:45 p.m. in the Bartholomew Room. Council Members Present: Mayor Pro Tempore Simon Trautman, Sharon Christensen; Sean Hayford Oleary. Mayor Mary Supple is excused. Council Member Ben Whalen arrived at 6:33 pm. Staff Present: Guests: Katie Rodriguez, City Manager; Karl Huemiller, Recreation Services Director; Courtney Miller, Senior Analyst; Michelle Friedrich, City Clerk. Glenn Waguespack, Andrew Holmgren ITEM #1 UPDATE AND DISCUSSION OF WOOD LAKE NATURE CENTER BUILDING DESIGN DEVELOPMENT PROGRESS Mayor Pro Tempore Trautman welcomed guests and staff. Recreation Services Director Huemiller welcomed guest presenters, Glenn Waguespack, and Andrew Holmgren from HGA. Mr. Waguespack thanked Council for their time and briefly reviewed the agenda. Mr. Waguespack noted the previous two design development meetings covered the site plan and mechanical systems of Wood Lake Nature Center and added an interior design development plan on September 17. Mr. Waguespack reviewed the overall site layout includes a continuous path around Wood Lake, an accessible path around the building, the location of bike parking and signage. Mr. Waguespack noted bike parking and signage at the main trail access points. Mr. Waguespack highlighted the site plan updated features, the picnic knoll, nature playground, covered bike parking, gravel paths to minimize impervious surfaces, and grade access to deck space. Council Member Hayford Oleary commented on the need for a wide, welcoming path from the street to the entrance to make space for bike and pedestrian traffic. Council Member Hayford Oleary added the bike parking must be easily visible from the entrance path and noted city code requirements regarding garbage receptacle location and storage. Council and staff discussed access between various levels of the deck, and the main access between the deck levels ramps. Council Member Trautman questioned the lifespan of the plantings, and noted the median plantings. Mr. Waguespack reviewed the building layout and noted updates to the office spaces, multi-use rooms, and the deck. Mr. Waguespack noted the welcome area of Wood Lake Nature Center could City Council Work Session Minutes -2- August 28, 2024 include a coffee, tea, and apple cider bar for visitors. Council noted the area should be easy to access but there should e a fee for coffee or other refreshment items. Council added the point-of- sale system should be easy to use and possibly self-serve. Mr. Waguespack reviewed examples of interior décor. Council noted appreciation for the natural esthetic of the building with light colors with the focus on nature and the Wood Lake Nature Center exhibits. Council was not supportive of the hexagonal design. Mr. Waguespack reviewed the difference in footprint between the two types of geothermal systems available. The traditional geothermal system would take up space with 50-60 wells, noting the well field cannot have trees planted on it. Mr. Waguespack noted the traditional geothermal system location within the parking lot, noting the parking lot would need to be shut down for approximately 2+ months to drill the wells. Mr. Waguespack reviewed the SCLHE system and noted the system would require two wells. Council and staff discussed concerns of long-term maintenance on the SCLHE system, which requires replacement of heat exchangers every 20-30 years. Council discussion on the traditional system continued with a preference for the traditional system location within the parking lot, and recognizing that the parking lot would need to be closed during construction. Council discussion identified the importance of minimizing ongoing maintenance needs. Mr. Waguespack reviewed the HVAC system with potential zones with a mix of vertical and horizontal heat pumps and areas with floor heating in the cooler months. Mayor Pro Tempore Trautman thanked the presenter for their time and for the presentation. ADJOURNMENT Mayor Pro Tempore Trautman adjourned the work session at 7:18 pm. Date Approved: September 24, 2024 Mary B. Supple Mayor Michelle Friedrich Katie Rodriguez City Clerk City Manager CITY COUNCIL MEETING MINUTES Richfield, Minnesota City Council Work Session September 10, 2024 CALL TO ORDER Mayor Supple called the work session to order at 5:47 p.m. in the Bartholomew Room. Council Members Present: Mary Supple, Mayor; Simon Trautmann, Sharon Christensen; Sean Hayford Oleary, Ben Whalen Staff Present: Guests: Katie Rodriguez, City Manager; Brittany Barlett, Equity Coordinator; Courtney Miller, Senior Analyst; Jay Henthorne, Director of Public Safety/Chief of Police; Mike Dobesh, Fire Chief; Michelle Friedrich, City Clerk. Brandon Barnett, POLCO ITEM #1 COMMUNITY SURVEY RESULTS City Manager Rodriquez provided a summary of the agenda. City Manager Rodriquez introduced guest presenter, Brandon Barnett from POLCO. Brandon Barnett provided details of the POLCO platform system. He explained the many uses for the survey findings and provided an overview of what the survey contained. All Richfield households were eligible for the survey and 3,000 random households were invited to participate in the survey. Mr. Barnet reviewed the survey process, and noted a total of 353 surveys were completed, and an online survey was published and open for all Richfield residents. The findings from each survey are separate. Mr. Barnett presented a summary of the findings from the Richfield community survey and noted areas of need, and level of importance, within the community. He provided the information on the City ratings given by Richfield residents. He noted most items relating to the economy have declined since 2020; ratings for safety have experienced a slight decline; and ratings on the importance of the focus on additional areas in the community. Mr. Barnett also reviewed the rating of importance on community activities and amenities, and the City’s highest and lowest performing areas. Council Member Hayford Oleary asked if the answers from the survey are consistent from day to day. He noted that people's emotions on a given day may affect their answer. Mr. Barnett shared they take this factor into consideration when compiling results. City Council Work Session Minutes -2- September 10, 2024 Council Member Hayford Oleary asked if the 12% response rate is typical or lower than normal. Mr. Barnett noted the response rate of 12 % is becoming more typical, adding there is increased difficulty in obtaining responses. Council Member Hayford Oleary asked if crime rates have increased since 2020 and if that is reflective of the responses from the survey regarding crime. City Manager Rodriguez noted crime rates have been steady since 2020, noting an increase in auto theft and crime. Police Chief Henthorne added auto crime has spiked a bit and civil unrest was heightened at the time of the survey. Police Chief Henthorne noted, compared to 2020, the crime rate is even. Council Member Trautmann added that he is surprised one of the lowest scores is in fire prevention/education. Council Member Trautmann asked if anyone is aware of why this may be one of the lowest when the Fire Department is ranked high. Mr. Barnett noted many people consider fire safety and fire prevention as two very different things. Mayor Supple added while the affordable housing number is not very high, it is still much higher than the national average. Mayor Supple asked if affordable housing is a much bigger problem in other areas. Mr. Barnett noted affordable housing is a very big problem across the United States. Senior Analyst Miller presented graphs displaying the survey results and shared results of the comparison to other Minnesota cities. She listed both the rankings that are higher and lower than those of other Minnesota cities and broke down results where Richfield was ranked within the top three in different divisions. Council Member Whalen questioned if the school rating in Richfield, is divided into residents with children in school and residents with no children in school. Analyst Miller noted the group of 55+ felt more positively about the schools. Council Member Christensen asked about the breakdown of the school rating compared to 2020 and why the rating appears lower in 2024. Manager Rodriquez shared the survey does not ask where children attend school. Mayor Supple noted the survey was taken only a year after the pandemic and may affect the results. Senior Analyst Miller noted the school rating is like the national rating. Equity Coordinator Barlett shared the demographic groups missing from the survey. Mayor Supple asked if the missing demographics could be added to future surveys. Mr. Barnett added enough answers for those demographics would be necessary to add them to the survey. City Council Work Session Minutes -3- September 10, 2024 Equity Coordinator Bartlett shared the demographic information from the results of the survey. Council Member Trautmann stated he would like to ensure those who need a service, are the respondents who are rating them higher. Council Member Whalen noted a purposeful survey process to expand the demographics being reached. Council Member Christensen stated she wants to ensure families are aware of programming within the Parks and Recreation Department. Council Member Hayford Oleary asked if it is common to for high-income residents to rate higher on the surveys. Mr. Barnett noted some survey items are higher, but other inconsistent factors can affect the final rating. Mr. Barnett noted within quality of life and economic factors, high-income residents seem to be happier. City Manager Rodriguez thanked the presenters. Council Member Whalen gave kudos to Public Works for their continued high ratings. ADJOURNMENT Mayor Supple adjourned the work session at 6:47 pm. Date Approved: September 24, 2024 Mary B. Supple Mayor Michelle Friedrich Katie Rodriguez City Clerk City Manager The meeting was called to order by Mayor Supple at 7:00 p.m. in the Council Chambers. Council Members Present: Mary Supple, Mayor; Sharon Christensen; Simon Trautmann; Sean Hayford Oleary; and Ben Whalen Staff Present: Katie Rodriguez, City Manager; Sam Ketchem, City Attorney; Kumud Verma, Finance Director; Melissa Poehlman, Community Development Director; Sack Thongvanh, Assistant City Manager; Jay Henthorne, Public Safety Director/Police Chief; and Michelle Friedrich, City Clerk. Others Present: Caroline Studsman, Miguel Hernandez, Lauren Robinson; Cassie Jerrett, Social Worker PLEDGE OF ALLEGIANCE Mayor Supple led the Pledge of Allegiance. OPEN FORUM Mayor Supple reviewed the options to participate: • Participate live by calling 1-415-655-0001 during the open forum portion • Call prior to meeting 612-861-9711 • Email prior to meeting kwynn@richfieldmn.gov Kathleen Balaban, 65th and Stevens Avenue South, discussed the audit portion of the agenda. She stated her concerns about the lack of procedures and policies and management practices. Larry Ernster, 6727 Elliot Avenue South, discussed item B of the consent calendar. He stated he is in support of affordable housing but has questions about the procedure of the building of these houses. City Manager Rodriguez read emails sent in for public comment as follows: Carrie Ceely Deirzic stated concerns about the balance of the Public Safety budget. She would like to see more money allocated to mental health and social work. James Jaffy 6900, Blaisdell Avenue South, discussed his support for the Public Safety budget and would like to see the additional $300,000 in the budget allocated to a mental health/social worker. CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Council Meeting September 10, 2024 CALL TO ORDER City Council Meeting Minutes -2- September 10, 2024 Megan Paul noted that she would like the Public Safety budget to invest in alternative models of Public Safety aiming to support the mental health of the community. Dee Ericson, 6718 Clinton Avenue, shared her opposition to using the extra Public Safety budget to hire a paramedic and social worker instead of two new officers. Rory Coleman Woods discussed the need for the current Public Safety model to progress. He would like to see more shifts be created and support for officers. Gina Van Arnam discussed the need to resolve the many problems within the Public Safety Department. APPROVAL OF MINUTES M/Trautmann, S/Christensen to approve the minutes of the: (1) City Council Work Session of August 14, 2024; (2) Regular City Council Meeting of August 14, 2024; (3) Special City Council Meeting of 15, 2024; and (4) Special City Council Work Session of 20, 2024. Motion carried: 5-0 ITEM #1 APPROVAL OF AGENDA M/Hayford Oleary, S/Whalen to approve the agenda. Motion carried: 5-0 ITEM #2 PROCLAMATION CELEBRATING HISPANIC HERITAGE MONTH Mayor Supple invited Miguel Hernandez to accept the proclamation. Mayor Supple read the proclamation celebrating Hispanic Heritage Month aloud. Miguel Hernandez thanked the Council and was honored to accept the proclamation. Council Member Trautmann thanked Miguel for his family's participation in the community and for representing the Hispanic community. ITEM #3 AUDIT REVIEW Director Verma reported the 2023 financial audit has been completed. The audit report has been submitted to the State Auditor's office and the Government Finance Officers Association. The City will also publish an audit summary report in the local newspaper. She thanked City Manager Rodriguez, department directors, and their staff for their work on the report. Caroline Stutsman, BerganKDV representative, presented a summary of the audit results. She gave a brief overview of what an independent auditor's report is. City Council Meeting Minutes -3- September 10, 2024 Mayor Supple asked for clarification on the report findings and actions taken to correct the report findings. City Manager Rodriguez noted City staff has been stabilized, they now have a full staff and will be using an Excel program to track the Ice Arena. Ms. Stutsman presented the data from the general fund revenues, expenditures, and fund balance. She presented charts displaying the tax capacity, levy, and rates data. She also displayed the data of the liquor fund, water and sewer utilities fund, storm sewer fund, and governmental funds. Mayor Supple thanked Ms. Stutsman for providing more detail and encouraged everyone to look at the audit statistics. ITEM #4 CONSENT CALENDAR City Manager Rodriguez presented the consent calendar. A. Consider the approval of the first reading of an ordinance amending Richfield City Code Appendix D (Fee Schedule) related to building, planning, and zoning fees, and schedule a public hearing and second reading for September 24, 2024. (Staff Report No. 112) BILL NO. 2024-09 TRANSITORY ORDINANCE NO. 19-XX B. Consider a resolution approving the 2024 Revised and 2025 Budget for the Affordable Housing Trust Fund. (Staff Report No. 113) RESOLUTION NO. 12233 RESOLUTION ADOPTING AN AFFORDABLE HOUSING TRUST FUND BUDGET FOR THE YEAR 2024 REVISED AND 2025 C. Consider the approval of a resolution authorizing a grant agreement with American Forests in the amount of $498,075.00 as part of the United States Department of Agriculture (USDA) Forest Service's Urban and Community Forestry grant program. (Staff Report No. 114) RESOLUTION NO. 12234 RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ENTER INTO A GRANT AGREEMENT AND ACCEPT GRANT FUNDS FROM AMERICAN FORESTS D. Consider approval of a Temporary on Sale Intoxicating Liquor license for their RHS fast-pitch fundraising event scheduled to take place October 5, 2024, at Fred Babcock VFW #5555, located at 6715 Lakeshore Dr. (Staff Report No. 115) E. Consider approval of Amendment #1 to License No. L-344 between the City of Richfield and the Minnesota Department of Health for air monitoring equipment at the Richfield Water Treatment Plant. (Staff Report No. 116) F. Consider adoption of a resolution of support for Richfield's application for federal funding for a Corridor Planning Study of 76th and 77th Streets via the USDOT Reconnecting Communities Pilot (RCP) Grant Program. (Staff Report No. 117) RESOLUTION NO. 12235 City Council Meeting Minutes -4- September 10, 2024 RESOLUTION OF SUPPORT FOR THE ‘RECONNECTING RICHFIELD: 76th ST/77th ST PLANNING STUDY’ THROUGH THE USDOT RECONNECTING COMMUNITIES PILOT GRANT PROGRAM APPLICATION G. Consider adoption of a resolution accepting a Hennepin County Youth Activities Grant in the amount of $200,000 for Donaldson Park playground improvements and the Pillsbury Plaza playground. (Staff Report No. 118) RESOLUTION NO. 12236 RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ACCEPT A YOUTH ACTIVITIES GRANT FROM HENNEPIN COUNTY H. Consider extending American Rescue Plan Act Professional Services Agreement with the Conflict Resolution Center to November 15, 2024. (Staff Report No. 119) RESOLUTION NO. 12237 RESOLUTION APPROVING AN AMENDMENT TO AMERICAN RESCUE PLAN ACT PROFESSIONAL SERVICES AGREEMENT WITH CONFLICT RESOLUTION CENTER I. Consider the approval of a resolution pertaining to filing of the Pay Equity Report with the Minnesota Management and Budget Department. (Staff Report No. 120) RESOLUTION NO. 12238 RESOLUTION PERTAINING TO FILING OF THE PAY EQUITY REPORT WITH THE MINNESOTA MANAGEMENT AND BUDGET DEPARTMENT M/Christensen, S/Whalen to approve the consent calendar. Mayor Supple noted there is a lot of information regarding affordable housing for residents to access and review. She thanked the American Forest and the USDA for the grant they received. Motion carried: 5-0 ITEM #5 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR None. ITEM #6 RECEIPT OF THE CITY OF RICHFIELD ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED DECEMBER 31, 2023 (STAFF REPORT NO. 124) Council Member Whalen presented Staff Report 124. M/Whalen, S/Trautmann to accept the City of Richfield annual financial report for the fiscal year ended December 31, 2023 Motion carried: 5-0 City Council Meeting Minutes -5- September 10, 2024 ITEM #7 DISCUSSION REGARDING CITY COUNCIL ATTENDANCE AT THE 2024 NATIONAL LEAGUE OF CITIES (NLC) CITY SUMMIT CONFERENCE. (STAFF REPORT NO. 125) Council Member Trautmann presented Staff Report 125. Mayor Supple asked if the report from the Conference will be given at a regular meeting or at a work session. City Manager Rodriguez stated that it can be presented at either meeting. M/Trautmann, S/Hayford Oleary to approve City Council Member Christensen to attend the November 13th-16th 2024 National League of Cities Summit Conference. Motion carried: 5-0 ITEM #8 CONSIDER A REQUEST BY BRIXMOR FOR A CONDITIONAL USE PERMIT, AN AMENDED PLANNED UNIT DEVELOPMENT AND FINAL DEVELOPMENT PLAN, FOR A RETAIL USE OVER 50,000 SQUARE FEET OF GROSS FLOOR AREA AT 140-66TH STREET WEST IN ORDER TO RE-TENANT THE BUILDING WITH A NEW GROCER. (STAFF REPORT NO. 121) Council Member Hayford Oleary presented Staff Report 121. Mayor Supple asked for clarification of an outcome if the applicant is unable to find a contractor to construct the EV charging unit. Director Poehlman explained the code allows for some flexibility, so the applicant will be able to present an alternate proposal to staff if they are unable to build the charging units. Council Member Hayford Oleary asked if there are still outstanding issues with pedestrian and vehicle circulation that need to be resolved between staff and Brixmor. Director Poehlman noted if Brixmor is unable to obtain the approvals needed to secure the pedestrian areas from the adjacent property, they will continue negotiation with staff to find an alternative pedestrian route. Brixmor Director Lauren Robinson provided more information on the application. She noted the schedule has been pushed back and the budget has also changed. She added they are trying to ensure the EV charging units will be able to be installed. Council Member Trautmann asked where the grocery store parking lot will connect with the mall parking lot. Ms. Robinson explained they are not planning to divide the parking lots for the specific stores, but rather planning on one parking lot for all as needed. Council Member Whalen asked if staff has any comments on what happens if Popeyes does not cooperate with the pedestrian route. He also asked what the backup plan is. City Council Meeting Minutes -6- September 10, 2024 Ms. Robinson explained they would shift the plan east and they could also modify the entrance to leave room for a pedestrian walkway. M/Hayford Oleary, S/Trautmann to adopt a resolution approving the conditional use permit plan, an amended planned unit development, and final development plan amendment. RESOLUTION NO. 12239 RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND AN AMENDED PLANNED UNIT DEVELOPMENT FINAL DEVELOPMENT PLAN AT 140 – 66TH STREET WEST Motion carried: 5-0 ITEM #9 CONSIDER 2024 REVISED/2025 PROPOSED BUDGET RESOLUTIONS ADOPTING THE 2025 PRELIMINARY PROPERTY TAX LEVY, SETTING TRUTH IN TAXATION HEARING DATE, AUTHORING BUDGET REVISIONS, AUTHORIZING REVISION OF 2024 DEPARTMENT BUDGETS AND SETTING CITY FEES FOR 2025. (STAFF REPORT NO. 122) Council Member Christensen presented Staff Report 122. Council Member Whalen asked staff to highlight some factors of the budget proposal. City Manager Rodriguez noted an important aspect of this year's budget process has been a tight labor market. Overall staff have experienced a challenge in recruiting qualified applicants. She noted the recommendation of adding 7.5 positions to this year’s budget. She shared public feedback on the proposed budget. Council Member Whalen highlighted the new positions he is excited about. He discussed his opinions on the addition of new public safety positions. He noted he would like to see a proposal of what it would look like to spend more of the public safety budget on these positions. He asked the Council if this was something they would like to see. Mayor Supple discussed the feedback she has received from residents regarding the public safety plans. She shared she is looking forward to the progress of the alternative response team. She noted her support for adding two additional positions to public safety. Council Member Hayford Oleary explained he is concerned about the addition of two new positions when they already have unfilled positions. He is also concerned that they are putting too much into the public safety department and not enough into other departments. He would like to hear alternative ideas to adding more positions. Council Member Christensen stated she agrees with adding the two public safety positions. Council Member Trautmann shared his concern regarding adding the positions when they still have unfilled positions open. He noted that if by December they are unable to fill the positions, he would support a reallocation of the funds. Police Chief Henthorne provided updates on the staffing. He noted staff are looking into the pilot training that Hennepin County is using. Social Worker Jerrett discussed the importance of adding additional officer positions. Police Chief Henthorne explained what the acronym IPOTP means. City Council Meeting Minutes -7- September 10, 2024 Mayor Supple asked a clarification question about the possible reallocation of the budget. City Manager Rodriguez explained the City Manager has the authority to move budget numbers, she just must go before Council for approval. Council Member Trautmann shared he is in support of adding the new positions, but if they are unable to be filled by December he is in support of reallocation of those funds. Council Member Whalen asked Council Member Trautmann if his answer is a full yes or if there is something that could happen to change his opinion. Council Member Trautmann noted with his review of the new information from tonight's meeting, he is in full support of adding two new positions. Council Member Hayford Oleary asked City Manager Rodriguez if she would consider removing officer positions and reallocating those funds if the positions could not be filled. City Manager Rodriguez noted she did not support removing positions and reallocating funds. M/Christensen, S/Trautmann to adopt a resolution adopting the proposed budget and tax levy for the year 2025 and setting the truth in taxation meeting date and time for Tuesday, November 26, 2024. RESOLUTION NO. 12240 RESOLUTION ADOPTING A PROPOSED BUDGET AND TAX LEVY FOR THE YEAR 2025 Motion carried: 5-0 M/Hayford Oleary, S/Whalen to adopt a resolution authorizing budget revision. RESOLUTION NO. 12241 RESOLUTION AUTHORIZING BUDGET REVISIONS Motion carried: 5-0 M/Christensen, S/Trautmann to adopt a resolution authorizing revisions of the 2024 budget of various departments. RESOLUTION NO. 12242 RESOLUTION AUTHORIZING REVISION OF 2024 BUDGET OF VARIOUS DEPARTMENTS Motion carried: 5-0 M/Whalen, S/Trautmann to adopt a resolution establishing 2025 license, permit and miscellaneous fees pursuant to the provisions of Appendix D of the ordinance code of the City of Richfield rescinding Resolution No. 12127 RESOLUTION NO. 12243 RESOLUTION ESTABLISHING 2025 LICENSE, PERMIT AND MISCELLANEOUS FEES PURSUANT TO THE PROVISIONS OF APPENDIX D OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD RESCINDING RESOLUTION NO. 12127 Mayor Supple clarified the City has not received official guidance from the OCM. Motion carried: 5-0 City Council Meeting Minutes -8- September 10, 2024 ITEM #10 CONSIDER THE ADOPTION OF A RESOLUTION APPROVING THE CONTRACT WITH TEAMSTERS #320 (LIEUTENANTS) BARGAINING UNIT FOR THE PERIOD JANUARY 1, 2024 THROUGH DECEMBER 31, 2025 AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT. (STAFF REPORT NO. 123) Council Member Trautmann presented Staff Report 123. M/Trautmann, S/Hayford Oleary to adopt a resolution approving the contract with Teamsters #320 (Lieutenants) bargaining unit for years for the period January 1, 2024 through December 31, 2025 and authorizing the City Manager to execute the agreement. RESOLUTION NO. 12244 RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND TEAMSTERS #320 (LIEUTENANTS) BARGAINING UNIT FOR YEARS 2024-2025 Motion carried: 5-0 ITEM #11 CITY MANAGER’S REPORT City Manager Rodriguez shared information regarding questions from Larry Ernster and noted staff would respond to Mr. Ernster’s questions. ITEM #12 CLAIMS AND PAYROLL M/Trautmann, S/Whalen to approve the following claims and payrolls: U.S. BANK 09/05/2024 A/P Checks: 330771 - 331370 $1,899,355.09 Payroll: 189995 – 190860 43972 – 44023 $ 2,312,516.54 TOTAL $ 4,211,871.63 Motion carried: 5-0 ITEM #13 HATS OFF TO HOMETOWN HITS Council Member Whalen reminded residents early voting for the general election will begin soon. He also encouraged people to attend Penn Fest on Sunday. Council Member Christensen mentioned Penn Fest will be taking place on Sunday and noted volunteers are still needed. She also shared on Saturday the 21st, a group of local authors will meet at the Richfield History Center. City Council Meeting Minutes -9- September 10, 2024 Council Member Hayford Oleary shared his excitement and thanked the Transportation Commission and Public Works Department for their work on Nicollet Avenue. Council Member Trautmann thanked all of those involved and volunteered with Penn Fest. He also noted that he was able to look at the vision for the Wood Lake Nature Center. He shared his thanks for those who have worked on the Nature Center. Mayor Supple thanked Director Verma for all of her work within Richfield. She urged people to attend Penn Fest. She also noted the farmers market will be taking place on Saturday. ITEM #14 ADJOURNMENT M/Trautmann, S/Christense to adjourn the meeting at 9:26 p.m. Motion carried: 5-0 Date Approved: September 24, 2024 Mary B. Supple Mayor Michelle Friedrich Katie Rodriguez City Clerk City Manager Proclamation of the City of Richfield WHEREAS, the path towards LGBTQ+ equality and liberation has been paved by courageous persons who have fought for the right to love and be loved, the right to be who they are, and their positive societal contributions of advancing areas of diversity, inclusion, equity and respect deserve recognition; and WHEREAS, LGBTQ+ History Month celebrates and commemorates those who fought for equal rights and services for the LGBTQ+ community; and is a means of educating others, promoting a culture of acceptance and inclusivity, and advancing equality for all; and WHEREAS, the teaching of LGBTQ+ history has been historically suppressed and currently, books about LGBTQ+ history are being banned, the City of Richfield stands with its LGBTQ+ community members and all of our citizens in support of the accurate teaching of history; and honors the champions of LGBTQ+ equality and the importance of their contributions; and WHEREAS, the City of Richfield is proud of its diverse community; committed to equality for individuals of all sexual orientations, gender identities and expressions; and fully supports the compassionate and respectful treatment of our LGBTQ+ community members; and WHEREAS, the City of Richfield endeavors to eliminate prejudice wherever it exists, recognize the multitude of identities that make each of us unique, and envision a safe, inclusive world that allows all members of society to live openly and truthfully. Now, THEREFORE, I, Mary Supple, mayor of Richfield, on behalf of the Richfield City Council, do hereby proclaim the month of October 2024 as LGBTQ+ History Month in Richfield, and call on the people of Richfield to observe this period with appropriate programs, activities and ceremonies, and continue to honor the contributions to our collective history of LGBTQ+ Americans throughout the year. PROCLAIMED this 24th day of September, 2024. Mary B. Supple, Mayor AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #4.A. STAFF REPORT NO. 126 CITY COUNCIL MEETING 9/24/2024 REPORT PREPARED BY:Jan Youngquist, Economic Development Manager DEPARTMENT DIRECTOR REVIEW:Melissa Poehlman, Community Development Director 9/16/2024 OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: Katie Rodriguez, City Manager 9/18/2024 ITEM FOR COUNCIL CONSIDERATION: Consider a resolution supporting the Richfield Economic Development Authority's application to the Hennepin County Business District Initiative Program. EXECUTIVE SUMMARY: Hennepin County’s Business District Initiative (BDI) Program provides grants for implementation of strategies that enhance the economic vitality of priority business districts in suburban cities within the county. Staff is proposing to submit an application to the BDI Program on behalf of the Richfield Economic Development Authority (EDA) requesting grant funds to work with a consultant to develop a branding and placemaking strategy for downtown Richfield. Downtown has long been identified as a priority business district in Richfield. Dating back to the 1960s, the area around Lyndale Avenue and 66th Street has been considered Richfield’s downtown. In 1998, the Lakes at Lyndale Master Plan was adopted, with the mission to make the area Richfield's thriving urban center. The master plan set the stage for the significant redevelopment that has occurred in the area. Additional plans that followed include the 2013 Lakes at Lyndale Connectivity Plan and the 2016 Lakes at Lyndale Wayfinding Plan, which focused on branding the area as Lakes at Lyndale. However, the wayfinding plan has not yet been implemented and the Lakes at Lyndale name is not well known in the community. The area that is considered downtown has grown since adoption of the Lakes at Lyndale Master Plan. The 2040 Comprehensive Plan guided both the Lakes at Lyndale and the Nicollet Avenue/66th Street areas as Mixed Use and melded them into an expanded overall downtown area. Additional priority was placed on downtown with the adoption of the 2023-2026 Strategic Plan, which identified a vibrant downtown as a desired outcome, developing a downtown strategy as a strategic initiative to support this outcome, and proactively marketing downtown as an action step. Significant strides have been made toward advancing many of the themes for creating a thriving urban center that were identified in the original Lakes at Lyndale Master Plan. The downtown area does not have a distinctive identity, however. The proposed branding and placemaking strategy project would be rooted in community engagement to develop a shared vision of what downtown Richfield is and what sets it apart from our neighboring communities. The goal is to use branding and placemaking to build on and highlight downtown’s assets in a way that drives economic growth, brings awareness to local businesses, and enhances downtown's vibrancy. The branding and placemaking strategy would also be used to inform implementation of the wayfinding plan. Applications to the BDI Program are due by October 1, 2024. It is anticipated that the Hennepin County Housing and Redevelopment Authority would announce its funding decisions by the end of 2024 and if funded, the project would commence in 2025. RECOMMENDED ACTION: By motion: Approve a resolution supporting the Richfield Economic Development Authority's application for Hennepin County Business District Initiative Program grant funds. BASIS OF RECOMMENDATION: A.HISTORICAL CONTEXT Planning for the Lyndale and 66th area downtown business district dates back to the early 1960s. In 1998, the "Lakes at Lyndale" Master Plan was adopted for the area and included the following themes to create a thriving urban center: nature, housing, people, transit, identity, gateways, and business. Significant redevelopment followed, providing commercial opportunities at Woodlake Centre, City Bella, Lyndale Station, Lakewinds Food Co-op, as well as providing several housing options including condominiums, apartments, and senior/assisted living. In 2013, the Lakes at Lyndale Connectivity Plan was adopted, which provided guidance for the connections and improvements through the Lakes at Lyndale area to promote a more livable and thriving community. The Lakes at Lyndale Wayfinding Plan was developed in 2016 and included recommendations for the locations and types of wayfinding signage, based on "Lakes at Lyndale" branding. In 2017, a market analysis and redevelopment concepts were prepared for the 66th and Nicollet area to inform land use decisions as part of the 2040 Comprehensive Plan (Comp Plan). The Comp Plan, adopted in 2018, melded the two areas into the larger Lyndale/Nicollet and 66th downtown area. Roadway projects in downtown transformed major streets into multi-modal corridors, making downtown more safe and pleasant for people walking, biking, and rolling. In September 2022, the City Council adopted the 2023-2026 Strategic Plan (Strategic Plan), which placed a priority on Community Development, identified a vibrant downtown as a desired outcome and developing a downtown strategy as a strategic initiative to support this outcome. The EDA approved a resolution authorizing submittal of an application for BDI Program grant funds at its meeting on September 16, 2024. B.EQUITABLE OR STRATEGIC CONSIDERATIONS OR IMPACTS Equity: There are approximately 45 small businesses and 30 businesses owned by women or people of color in downtown. Targeted efforts to engage with these business owners will be made during the development of the branding and placemaking strategy. Implementation of the strategy is intended to enhance the economic vitality and vibrancy of downtown and help support these businesses. Strategic Plan: The Strategic Plan identified a vibrant downtown as a desired outcome and developing a downtown strategy as a strategic initiative to support this outcome. C.POLICIES (resolutions, ordinances, regulations, statutes, exc): The Comp Plan guides the future land use of the Lyndale/Nicollet and 66th Street area as Mixed Use with the intent of creating a downtown with residential, commercial, office, and recreational opportunities. The Strategic Plan identifies a vibrant downtown as a desired outcome, developing a downtown strategy as a strategic initiative to support this outcome, and proactively marketing downtown as an action step. D.CRITICAL TIMING ISSUES: Applications for the BDI Program are due by October 1, 2024. E.FINANCIAL IMPACT: If awarded, grant funding would be provided by the Hennepin County Housing and Redevelopment Authority. The BDI Program encourages, but does not require, matching funds from a city. The EDA budget includes $5,000 as a match to the BDI Program grant. Staff time in working with the consultant team to develop the branding and placemaking strategy would also be provided as an in-kind match. F.LEGAL CONSIDERATION: Minnesota Statute 469.101 grants economic development authorities the power to enter into contracts for the purpose of economic development. If the grant is awarded, the EDA attorney would review the grant agreement prior to execution. ALTERNATIVE RECOMMENDATION(S): Decide not to approve a resolution of support for the EDA's grant application to the Hennepin County Business District Initiative Program. PRINCIPAL PARTIES EXPECTED AT MEETING: None. ATTACHMENTS: Description Type Resolution Resolution Letter RESOLUTION NO. RESOLUTION SUPPORTING THE RICHFIELD ECONOMIC DEVELOPMENT AUTHORITY’S APPLICATION FOR HENNEPIN COUNTY BUSINESS DISTRICT INITIATIVE PROGRAM GRANT FUNDS WHEREAS, the Hennepin County Housing and Redevelopment Authority has opened a call for projects through its Business District Improvement (BDI) Program; and WHEREAS, the BDI Program provides funding assistance for the implementation of strategies that enhance the economic vitality of priority business districts in suburban municipalities through a competitive application process; and WHEREAS, the Richfield City Council adopted a 2023-2026 Strategic Plan, which prioritizes the downtown Richfield business district as part of our strategic priorities to create a vibrant downtown and a community where all can thrive; and WHEREAS, the City of Richfield has identified the need for a project to develop a branding and placemaking strategy to enhance the economic vitality and vibrancy of the downtown Richfield business district; and WHEREAS, economic development authorities are eligible to apply for funds through the BDI Program; and WHEREAS, the Richfield Economic Development Authority intends to seek funding for consultant services to develop a branding and placemaking strategy for the downtown Richfield business district. NOW THEREFORE, BE IT RESOLVED that the Richfield City Council hereby supports the Richfield Economic Development Authority’s application for Hennepin County Business District Initiative Program grant funds. Adopted by the City Council of the City of Richfield, Minnesota, this 24th day of September, 2024. Mary Supple, Mayor ATTEST: Michelle Friedrich, City Clerk AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #4.B. STAFF REPORT NO. 127 CITY COUNCIL MEETING 9/24/2024 REPORT PREPARED BY:Jennifer Anderson, Support Services Manager DEPARTMENT DIRECTOR REVIEW:Jay Henthorne, Director of Public Safety/Chief of Police 7/30/2024 OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: Katie Rodriguez, City Manager 8/6/2024 ITEM FOR COUNCIL CONSIDERATION: Consider the approval of an agreement with the City of Bloomington for the provision of food, pools, lodging, therapeutic massage and body art establishment inspection services for the City of Richfield for 2025. EXECUTIVE SUMMARY: The City of Bloomington and the City of Richfield have had a contract for over 32 years for Bloomington Environmental Health to provide inspection and enforcement services in the areas of food, beverage, lodging, therapeutic massage, body art and public swimming pools along with plan check work for food services to Richfield. The proposed contract for 2025 for these services will be $164,800 compared to the 2024 contract amount of $160,000. This is a 3% increase over the dollar amount paid to Bloomington in 2024. The increase is tied to increased benefit costs and staff salaries. RECOMMENDED ACTION: By motion: Approve the agreement with the City of Bloomington for the provision of food, pools and lodging inspection services for Richfield for 2025. BASIS OF RECOMMENDATION: A.HISTORICAL CONTEXT Contained in the Executive Summary. B.EQUITABLE OR STRATEGIC CONSIDERATIONS OR IMPACTS This is routine city business. C.POLICIES (resolutions, ordinances, regulations, statutes, exc): The City of Bloomington has sufficient resources to provide a professional level of inspection services to Richfield residents. Annual evaluations of their services have shown they are providing efficient services in a cost-effective manner. D.CRITICAL TIMING ISSUES: There are no critical timing issues. E.FINANCIAL IMPACT: A 3% budget increase has been communicated to Richfield by Bloomington so the amount of $164,800 has been captured in Richfield's 2025 budget. F.LEGAL CONSIDERATION: The City Attorney has reviewed the contract and has approved of it and its contents. ALTERNATIVE RECOMMENDATION(S): The Council could decide to have Richfield provide it's own food service inspections, beverage and lodging and the public swimming pools inspections and plan to check food services; however, the State would have to approve this change and would likely be concerned about staffing, response and capacity issues. The cost of hiring the necessary staff to provide the same level of services and administrative support would be more than the current expenditures and would require a significant budget increase. PRINCIPAL PARTIES EXPECTED AT MEETING: ATTACHMENTS: Description Type FPL Agreement 2025 Cover Memo Agreement Id: 2024-495 AGREEMENT BETWEEN THE CITIES OF BLOOMINGTON, MINNESOTA AND RICHFIELD, MINNESOTA FOR INSPECTIONS OF FOOD AND BEVERAGE, LODGING, THERAPEUTIC MASSAGE AND BODY ART ESTABLISHMENTS, AND PUBLIC SWIMMING POOLS This Agreement is made on _________________, 2024, by and between the City of Richfield, a Minnesota municipal corporation located at 6700 Portland Avenue, Richfield, Minnesota 55423 (hereinafter referred to as "Richfield") and the City of Bloomington, a Minnesota municipal corporation located at 1800 West Old Shakopee Road, Bloomington, Minnesota 55431 (hereinafter referred to as "Bloomington"). RECITALS WHEREAS, Richfield is authorized and empowered to provide for various types of environmental health inspections and code enforcement to ensure the public health, welfare and safety; and WHEREAS, it is the desire of the parties and the purpose of this agreement that certain of such services be performed by Bloomington on behalf of Richfield. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth below, the above parties hereto agree as follows: 1. The term of this Agreement shall be from January 1, 2025 through December 3l, 2025, subject to termination as provided in Paragraph 6. 2. For the term of this Agreement, Bloomington shall provide the following services: a. Food establishment inspections and code enforcement, as necessary. i. “High risk” food service establishments (license Types I and II) and schools will be inspected a minimum of two (2) times per year. ii. “Medium risk” food establishments required to have a certified food manager (license Type III) will be inspected two (2) times per year. iii. “Medium risk” food establishments not required to have a certified food manager (license Type IV) and “Low risk” (license Type V) food establishments will be inspected one (1) time per year. 2 b. Plan check and preopening construction inspections for new and remodeled food, lodging, therapeutic massage and body art establishments. c. All public swimming pools inspected at least once (1) per year with a goal of two (2) inspections per year. This is in addition to an opening inspection of all outdoor public pools at the beginning of the summer swimming season. d. All lodging establishments inspected at least once (1) per year. e. All therapeutic massage and body art establishments inspected at least once (1) per year. f. Investigation and resolution of complaints associated with food, lodging, therapeutic massage and body art establishments and public swimming pools. 3. Bloomington shall have control over the manner in which the inspections, plan review and code enforcement activities are conducted and over the determination of what enforcement action is appropriate and consistent with Richfield City Code Sections 617, 618, 619, 630 and 1188, and other applicable policies and ordinances as established by Richfield. 4. Bloomington shall assume the expense of performing the inspections and code enforcement. 5. In 2024, Richfield shall pay Bloomington the sum of ONE HUNDRED SIXTY-FOUR THOUSAND EIGHT HUNDRED AND NO/100 DOLLARS ($164,800.00) for services provided pursuant to this Agreement. One-half of this amount shall be due on June 30, 2025, and the remainder shall be due on November 30, 2025. 6. Either party may terminate this Agreement as follows: a. Upon the expiration of ninety (90) days after service of written notice upon the other party; or b. At any time, upon mutual agreement of the parties. 7. In the event of a termination prior to December 3l, 2025, a monthly pro rata reduction of the compensation owed by Richfield to Bloomington shall occur which reflects the period remaining on the Agreement at the time of termination. 8. To the fullest extent allowed by law, Bloomington agrees to defend, indemnify and hold harmless Richfield, and its officers, officials, agents and employees from and against all claims, 3 actions, damages, losses and expenses arising out of or resulting from Bloomington's performance of the duties required under this Agreement, provided that any such claim, action, damage, loss or expense is attributable to bodily injury, sickness, disease, or death or to the injury to or destruction of property including the loss of use resulting therefrom and is caused in whole or in part by any negligent act or omission or willful misconduct of Bloomington, its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and/or subcontractors. This provision shall not be construed as a waiver by of any defenses, immunities or limitations on liability to which Bloomington is entitled. This obligation survives termination of this Agreement. 9. To the fullest extent allowed by law, Richfield agrees to defend, indemnify and hold harmless Bloomington, and its officers, officials, agents and employees from and against all claims, actions, damages, losses and expenses arising out of or resulting from Richfield’s performance of the duties required under this Agreement, provided that any such claim, action, damage, loss or expense is attributable to bodily injury, sickness, disease, or death or to the injury to or destruction of property including the loss of use resulting therefrom and is caused in whole or in part by any negligent act or omission or willful misconduct of Richfield, its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and/or subcontractors. This provision shall not be construed as a waiver of any defenses, immunities or limitations on liability to which Richfield is entitled. This obligation survives termination of this Agreement. 10. Bloomington shall carry municipal liability insurance in the amount of at least $500,000 per individual and $1,500,000 per occurrence. Bloomington shall carry property damage liability insurance in the amount of $100,000. Richfield shall be named as an additional insured on Bloomington’s municipal liability policy and a certificate of said insurance shall be provided to Richfield upon request. Bloomington shall carry Worker's Compensation Insurance as required by Minnesota Statutes, Section 176.181, Subd. 2 and further agrees to provide a certificate of said insurance to Richfield upon request. 11. Any employee assigned by Bloomington to perform its obligations hereunder shall remain the exclusive employee of Bloomington for all purposes including, but not limited to, wages, salary and employee benefits. 12. In addition to the services listed in Paragraph 2 above, Bloomington shall, upon request, also provide for and on behalf of Richfield elevated blood lead case management and enforcement. Such services shall be paid for by Richfield at the hourly rate of $71.00 per hour plus the direct cost 4 of all laboratory sample analysis incurred by Bloomington, and said hourly rate shall be separate from, and in addition to, the payment provided for by Paragraph 5 of this Agreement. All other provisions of this Agreement shall remain applicable with respect to the lead assessment services being provided. 13. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto or as constituting the persons employed by Bloomington as the agent, representative or employee of Richfield for any purpose or in any manner whatsoever. Bloomington is to be and shall remain an independent contractor with respect to all services performed under this contract. Bloomington represents that it has, or will secure at its own expense, all personnel required in performing services under this contract. Any and all personnel of Bloomington or other persons, while engaged in the performance of any work or services required by Richfield under this contract, shall not be considered employees of Richfield. Any and all claims that may or might arise under the Workers' Compensation Act of the State of Minnesota on behalf of Bloomington personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against Bloomington, its officers, officials, agents, or employees shall in no way be the responsibility of Richfield. Bloomington shall defend, indemnify and hold Richfield, its guests, invitees, members, officers, officials, agents, volunteers, representatives and/or subcontractors harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission or court. Bloomington personnel and other persons working on its behalf shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from Richfield, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensations, Unemployment Compensation, disability, severance pay and PERA. 14. The books, records, documents, and accounting procedures of Bloomington relevant to this Agreement, are subject to examination by Richfield and either the legislative or state auditor as appropriate, pursuant to Minnesota Statutes, Section 16C.05, Subd. 5. 15. This Agreement represents the entire Agreement between Bloomington and Richfield and supersedes and cancels any and all prior agreements or proposals, written or oral, between the parties relating to the subject matter hereof, any amendments, addenda, alterations, or modifications to the terms and conditions of this Agreement shall be in writing and signed by both parties. 5 16. Bloomington and Richfield agree to comply with the Americans with Disabilities Act (ADA) including all applicable provisions of Title II – Public Services and in accordance with 28 C.F.R. Part 35 Subpart B – Section 35.130 of the US Department of Justice Regulations, Section 504 of the Rehabilitation Act of 1973 (Section 504), and not discriminate on the basis of disability in the admission or access to, or treatment of employment in its services, programs, or activities. Bloomington agrees to hold harmless and indemnify Richfield from costs, including but not limited to damages, attorney's fees and staff time, in any action or proceeding brought alleging a violation of ADA and/or Section 504 caused by Bloomington. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all services, programs and activities. Bloomington agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with people with disabilities. Richfield has designated coordinators to facilitate compliance with the Americans with Disabilities Act of 1990, as required by 28 C.F.R. Part 35 Subpart B - Section 35.107 of the U.S. Department of Justice regulations, and to coordinate compliance with Section 504, as mandated by Section 8.53 of the U.S. Department of Housing and Urban Development regulations. 17. Bloomington and Richfield agree to submit all claims, disputes and other matters in question between the parties arising out of or relating to this Agreement to mediation. The mediation shall be conducted through the Conflict Resolution Center, 2101 Hennepin Avenue South; Suite 100, Minneapolis, Minnesota, 55405. The parties shall decide whether mediation will be binding or non- binding. If the parties cannot reach agreement, mediation will be non-binding. In the event mediation is unsuccessful, either party may exercise its legal or equitable remedies and may commence such action prior to the expiration of the applicable statutes of limitations. 18. Both parties agree to comply with all applicable state, federal and local laws, rules and regulations. 6 IN WITNESS WHEREOF, the parties have set forth their hands on the day and year first written above. CITY OF BLOOMINGTON, MINNESOTA DATED:___________________________ BY:________________________________ Its City Manager Reviewed and approved by the City Attorney. __________________________________ City Attorney CITY OF RICHFIELD, MINNESOTA DATED:___________________________ BY:________________________________ Its Mayor DATED:___________________________ BY:________________________________ Its City Manager AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #4.C. STAFF REPORT NO. 128 CITY COUNCIL MEETING 9/24/2024 REPORT PREPARED BY:Jennifer Anderson, Support Services Manager DEPARTMENT DIRECTOR REVIEW:Jay Henthorne, Director of Public Safety/Chief of Police 9/19/2024 OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: Katie Rodriguez, City Manager 9/19/2024 ITEM FOR COUNCIL CONSIDERATION: Consider approval of the 2024-2025 Emergency Preparedness agreement with the City of Bloomington, using public health emergency preparedness grant funds distributed by a federal grant from the Centers for Disease Control, to provide services in the area of public health emergency preparedness/bio-terrorism and the development of a response system. EXECUTIVE SUMMARY: The City of Richfield has had a public health emergency preparedness contract with the City of Bloomington to provide public health emergency preparedness services on Richfield's behalf for over twenty one years. This is Richfield's 2024-2025 contractual agreement with Bloomington. The City will receive $56,386 for the grant cycle which runs from July 1, 2024, to June 30, 2025. The contract with the City of Bloomington for this same period of time for public health emergency preparedness is in the amount of $54,386, of which $16,500 is being passed through directly to Bloomington to meet the Cities Readiness Initiative (CRI), which is intended to be used metro wide to regionally fund public health emergency preparedness planning, exercise, training and activities. A remaining amount of $2,000 is retained by Richfield for staff time, training, planning and exercise in public health emergency preparedness activities. RECOMMENDED ACTION: By motion: Approve the 2024-2025 agreement with the City of Bloomington, using public health emergency preparedness grant funds distributed by a federal grant from the Centers for Disease Control, to provide services in the area of public health emergency preparedness/bio-terrorism and the development of a response system. BASIS OF RECOMMENDATION: A.HISTORICAL CONTEXT See Executive Summary B.EQUITABLE OR STRATEGIC CONSIDERATIONS OR IMPACTS This is standard business. C.POLICIES (resolutions, ordinances, regulations, statutes, exc): The City of Richfield became a Local Public Health Agency in 1977, which makes the City eligible to receive these grant funds to use for the development of a public health emergency response system specific to Richfield and its needs. D.CRITICAL TIMING ISSUES: These funds are part of a nationwide effort by the federal government to respond to serious public health emergencies, including threats of bio-terrorism. E.FINANCIAL IMPACT: Funds being used are those given to Richfield as a Local Public Health agency, from the federal government, to develop a system for responding to public health emergency preparedness and bio-terrorism threats. F.LEGAL CONSIDERATION: The City Attorney has reviewed the contract and has approved of its contents. ALTERNATIVE RECOMMENDATION(S): The City Council could decide not to approve the contract with the City of Bloomington for the services of a Public Health Emergency Preparedness Coordinator in developing a public health emergency preparedness/bio-terrorism plan. This would mean the City would have to hire a staff person to assume some of the grant responsibilities which cannot be met with current staffing levels and would result in a significant budget increase. PRINCIPAL PARTIES EXPECTED AT MEETING: ATTACHMENTS: Description Type Emergency Preparedness Agreement Cover Memo Grant duties Cover Memo Agreement ID: 2024-619 1 PUBLIC HEALTH PREPAREDNESS SERVICES AGREEMENT BETWEEN THE MINNESOTA CITIES OF BLOOMINGTON AND RICHFIELD THIS AGREEMENT is made on _________________________ (“Effective Date”) by and between the CITY OF BLOOMINGTON, MINNESOTA, a Minnesota municipal corporation located at 1800 West Old Shakopee Road, Bloomington, Minnesota 55431-3027, (“Bloomington”), and CITY OF RICHFIELD, MINNESOTA, a Minnesota municipal corporation located at 6700 Portland Avenue, Richfield, Minnesota 55423 (“Richfield”). Bloomington and Richfield are herein referred to collectively as the “Parties.” RECITALS A. Bloomington warrants and represents that its Division of Public Health is a duly certified public health agency operating in accordance with all applicable federal and state requirements. B. Bloomington’s Division of Public Health provides Public Health Emergency Preparedness Services to respond to bioterrorism, infectious disease, and other threats to public health including, but not limited to, coordination, assessment, planning and exercise, response, surveillance, notification, and training (“PH Emergency Preparedness Services”). Bloomington also provides services and activities to improve the mass dispensing of medicines and medical supplies through the Cities Readiness Initiative (“CRI Services”). C. Richfield wishes to promote, support, and maintain the health of its residents by providing PH Emergency Preparedness Services and Cities Readiness Initiative (“CRI”) planning activities to its residents, and desires to contract with Bloomington to provide such PH Emergency Preparedness Services and CRI Services, funding these services via Minnesota Department of Health (“MDH”) grant dollars, subject to the grant compliance timelines provided by MDH. D. Bloomington is willing to provide such PH Emergency Preparedness Services and perform such CRI Services to residents of Richfield on the terms and conditions set forth in this Agreement. NOW, THEREFORE, based on the Recitals above and in consideration of the terms and conditions expressed in this Agreement, Bloomington and Richfield agree as follows: AGREEMENT 1. Services to be Provided. Bloomington agrees to provide the residents of Richfield with PH Emergency Preparedness Services and CRI Services as described in the Scope of Services attached to this Agreement as Exhibit A or any supplemental letter agreements, or both, entered into between Bloomington and Richfield (the “Services”). The Services referenced in the attached Exhibit A or any supplemental letter agreements shall be Agreement ID: 2024-619 2 incorporated into this Agreement by reference. All Services shall be provided in a manner consistent with the level of care and skill ordinarily exercised by public health entities currently providing similar services. 2. Time for Completion. This Agreement shall remain in force and effect commencing from July 1, 2024 and continuing until June 30, 2025 unless terminated by either party or amended pursuant to the Agreement. 3. Consideration. The consideration, which Richfield shall pay to Bloomington shall not exceed $54,386.00, as set forth in Exhibit B and incorporated into this Agreement. 4. Approvals. Bloomington will secure Richfield’s written approval before making any expenditures, purchases, or commitments on Richfield’s behalf beyond those listed in the Services. Richfield’s approval may be provided via electronic mail. 5. Termination. Notwithstanding any other provision hereof to the contrary, either party may terminate this Agreement for any reason upon giving thirty (30) days’ written notice to the other party. In the event of termination: a. The quarterly payment next due shall be prorated and paid for only the period ended on the date of termination, and Richfield shall say such reduced quarterly payment for the period ended on the date of the termination, within fifteen (15) days after receipt of Bloomington’s invoice. b. The Parties may take whatever action at law or in equity that may appear necessary or desirable to collect damages arising from a default or violation to enforce performance of this Agreement. c. The provisions of this section will continue and survive termination of the Agreement. 6. Amendments. Except as expressly permitted by this Agreement, no amendments may be made to this Agreement except in writing signed by both parties. 7. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, subd. 5, the Parties agree that the books, records, documents, and accounting procedures and practices of Bloomington, that are relevant to the contract or transaction, are subject to examination by the other party and the state auditor or legislative auditor for a minimum of six years. Both Parties shall maintain such records for a minimum of six years after final payment. These obligations survive termination of this Agreement. 8. Indemnification. a. To the fullest extent permitted by law, Bloomington and its successors or assigns, agree to protect, defend, indemnify, save, and hold harmless Richfield, its officers, officials, agents, volunteers, and employees from any and all claims; lawsuits; causes of actions of any kind, nature, or character; damages; losses; or the costs, disbursements, and expenses of defending the same, including but not limited to attorneys’ fees, professional services, and other technical, administrative or professional assistance resulting from or Agreement ID: 2024-619 3 arising out of Bloomington’s (or its subcontractors, agents, volunteers, members, invitees, representatives, or employees) performance of the duties required by or arising from this Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct, or arising out of the failure to obtain or maintain the insurance required by this Agreement. b. To the fullest extent permitted by law, Richfield, and its successors or assigns, agree to protect, defend, indemnify, save, and hold harmless Bloomington, its officers, officials, agents, volunteers and employees from any and all claims, lawsuits; causes of actions of any kind, nature, or character; damages; losses; or the costs, disbursements, and expenses of defending the same, including but not limited to attorney’s fees, professional services, and other technical, administrative or professional assistance resulting from or arising out of Richfield’s (or its subcontractors, agents, volunteers, members, invitees, representatives, or employees) performance of the duties required by or arising from this Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct, or arising out of the failure to obtain or maintain the insurance required by this Agreement. c. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which the Parties are entitled. The Parties agree that these indemnification obligations will survive the completion or termination of this Agreement. 9. Insurance. To the extent allowed by law, the Parties agree to maintain the following insurance coverages, in an amount equal to, or greater than, the minimum limits described below, and upon request, to provide the other with a certificate of insurance evidencing such coverages: a. Commercial General Liability in the amount of at least $1,500,000.00 per occurrence for bodily injury or death arising out of each occurrence, as well as $1,500,000 per occurrence for property damage. In the alternative, each party may maintain a general aggregate of at least $2,000,000. Each party agrees to name the other party as an additional insured on its Commercial General Liability and to provide an endorsement of such status. In addition, each party agrees to notify the other party thirty (30) days prior to cancellatio0n or a change in any of the aforementioned insurance policies. All insurance must be provided at the respective party’s expense and at no additional cost to the other party. b. Bloomington agrees to maintain Workers’ Compensation Insurance as required by Minn. Stat. §176.181. 10. Assignment and Subcontracting. Neither Richfield nor Bloomington shall assign, subcontract, or transfer any rights under or interest (including, but without limitation, moneys that may become due or moneys that are due) in this Agreement, in whole or in part, without the written consent of the other except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Bloomington from employing such independent consultants, associates, and subcontractors, as it may deem appropriate to assist it in the performance of Services required by this Agreement. Any instrument in violation of this paragraph is null and void. Agreement ID: 2024-619 4 11. Independent Contractor. Bloomington shall be deemed an independent contractor. Bloomington’s duties will be performed with the understanding that Bloomington has special expertise as to the Services that Bloomington is to perform and is customarily engaged in the independent performance of the same or similar services for others. All required equipment and personnel shall be provided or contracted for by Bloomington. The manner in which the Services are performed shall be controlled by Bloomington; however, the nature of the Services and the results to be achieved shall be specified by Richfield. The Parties agree that this is not a joint venture and the parties are not co-partners. Bloomington is not to be deemed an employee or agent of Richfield and has no authority to make any binding commitments or obligations on behalf of Richfield except to the extent expressly provided in this Agreement. All Services provided by Bloomington pursuant to this Agreement shall be provided by Bloomington as an independent contractor and not as an employee of Richfield for any purpose, including but not limited to: income tax withholding, workers’ compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits. 12. Compliance with Laws. The Parties shall exercise due care to comply with applicable federal, state and local laws, rules, ordinances and regulations in effect as of the date Bloomington agrees to provide the Services. 13. Entire Agreement. This Agreement, any attached exhibits and any addenda or amendments signed by the parties shall constitute the entire agreement between Richfield and Bloomington and supersedes any other written or oral agreements between Richfield and Bloomington. This Agreement can only be modified in writing signed by Richfield and Bloomington. If there is any conflict between the terms of this Agreement and referenced or attached items, the terms of this Agreement shall prevail. 14. Third Party Rights. The parties to this Agreement do not intend to confer on any third party any rights under this Agreement. 15. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Hennepin County, Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. These obligations survive termination of this Agreement. 16. Conflict of Interest. Bloomington shall use reasonable care to avoid conflicts of interest and appearances of impropriety in representation of Richfield. In the event of a conflict of interest, Bloomington shall advise Richfield and either secure a waiver of the conflict or advise Richfield that it will be unable to provide the Services. 17. Work Products and Ownership of Documents. All records, information, materials and other work products, including, but not limited to the completed reports, drawings, plans, and specifications prepared and developed in connection with the provision of Services pursuant Agreement ID: 2024-619 5 to this Agreement shall become the property of Richfield, but reproductions of such records, information, materials and other work products in whole or in part may be retained by Bloomington. Regardless of when such information was provided, Bloomington agrees that it will not disclose for any purpose any information Bloomington has obtained arising out of or related to this Agreement, except as authorized by Richfield or as required by law. These obligations survive termination of this Agreement. 18. Agreement Not Exclusive. Bloomington retains the right to hire other PH Emergency Preparedness Services and CRI Services providers for other matters, in Bloomington’s sole discretion. 19. Data Practices Act Compliance. Any and all data provided to Bloomington, received from Bloomington, created, collected, received, stored, used, maintained, or disseminated by Bloomington pursuant to this Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, and any applicable nondisclosure agreements. Parties agrees to notify the other Party within three (3) business days if it receives a data request from a third party. This paragraph does not create a duty on the part of Bloomington to provide access to public data to the public if the public data are available from Richfield, except as required by the terms of this Agreement. These obligations survive termination of this Agreement. 20. No Discrimination. Parties agree not to discriminate in providing products and services under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. Parties agree to comply with Americans with Disabilities Act, as amended (“ADA”), Section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. Each Party agrees to hold harmless and indemnify the other party from costs, including but not limited to damages, attorney’s fees and staff time, in any action or proceeding brought alleging a violation of these laws by Party or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, the Parties shall provide accommodation to allow individuals with disabilities to participate in all Services under this Agreement. The Parties agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with people with disabilities. 21. Authorized Agents. Richfield’s authorized agent for purposes of administration of this Agreement is Jennifer Anderson, the Health Administrator/Support Services Manager, or designee. Bloomington’s authorized agent for purposes of administration of this Agreement is Nick Kelley, Public Health Administrator, who shall perform or supervise the performance of all Services. 22. Notices. Any notices permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to: Agreement ID: 2024-619 6 Bloomington: City of Bloomington, 1800 West Old Shakopee Road, Bloomington, MN 55431; Attn: Nick Kelley; nkelley@bloomingtonmn.gov; 952-563-4962; Richfield: City of Richfield, 6700 Portland Avenue, Richfield, MN 55431, Attn: Jennifer Anderson; jenniferanderson@richfieldmn.gov; 612-861-9881; or such other contact information as either party may provide to the other by notice given in accordance with this provision. A convenience copy may be provided electronically. 23. Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach, and no such waiver shall be effective unless made in writing and signed by an authorized representative of the party to be charged with such a waiver. 24. Headings. The headings contained in this Agreement have been inserted for convenience of reference only and shall in no way define, limit or affect the scope and intent of this Agreement. 25. Mediation. Both parties agree to submit all claims, disputes and other matters in question between the parties arising out of or relating to this Agreement to mediation at the Conflict Resolution Center, 2101 Hennepin Avenue, Suite 100, Minneapolis, Minnesota 55405. In the event mediation is unsuccessful, either party may exercise its legal or equitable rights. 26. Publicity. Bloomington and Richfield shall develop language to use when discussing the Services. Bloomington agrees that any publicity regarding the Services or the subject matter of this Agreement must not be released unless it complies with the approved language. Bloomington cannot use Richfield ’s logo or state that Richfield endorses its services without Richfield’s advanced written approval. 27. Severability. In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect. 28. Signatory. Each person executing this Agreement (“Signatory”) represents and warrants that he/she/they is duly authorized. 29. Counterparts and Electronic Communication. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement may be transmitted by electronic mail in portable document format (“pdf”) and signatures appearing on electronic mail instruments shall be treated as original signatures. 30. Recitals. Bloomington and Richfield agree that Recitals are true and correct and are fully incorporated into this Agreement. Agreement ID: 2024-619 7 [Signature pages follow.] Agreement ID: 2024-619 8 IN WITNESS WHEREOF, Bloomington and Richfield have caused this Services Agreement to be executed by their duly authorized representatives on the respective dates indicated below. CITY OF BLOOMINGTON, MINNESOTA DATED: ___________________________ BY: ________________________________ James D. Verbrugge Its: City Manager Reviewed and approved by the City Attorney. __________________________________ Melissa J. Manderschied CITY OF RICHFIELD, MINNESOTA DATED: ___________________________ BY: ________________________________ Its: _________________________ Agreement ID: 2024-619 9 EXHIBIT A TO SERVICES AGREEMENT BETWEEN THE MINNESOTA CITIES OF BLOOMINGTON AND RICHFIELD SCOPE OF SERVICES Agreement ID: 2024-619 10 EXHIBIT B TO SERVICES AGREEMENT BETWEEN THE MINNESOTA CITIES OF BLOOMINGTON AND RICHFIELD TERMS OF PAYMENT A. Richfield shall pay Bloomington the total not-to-exceed amount of $54,386.00 during the term of this Agreement for services outlined below: 1. $37,886 for PH Emergency Preparedness Services; and 2. $16,500 for CRI Services B. The amounts above will be paid according to the following terms: 1. Bloomington shall invoice Richfield for Services identified on Exhibit A, as follows: Invoice Date: Amount: Upon Contract Execution $13,596.50 December 1, 2024 $13,596.50 March 1, 2025 $13,596.50 June 1, 2025 $13,596.50 Payment shall be made within 30 days of receipt by Richfield of Bloomington’s invoice. 1 CHB_TH BP1 Grant Duties JULY 1 , 2024 – JUNE 30 , 2025 Public Health Emergency Preparedness and Response Capabilities: National Standards for State, Local, Tribal, and Territorial Public Health—October 2018 (cdc.gov) Administrative Duties CDC Priorities Framework and PHEP Capabilities Reporting Frequency and Method A.1 All CHBs/THDs will update and maintain accounts, as applicable: A. PartnerLink B. MN Responds C. MN.TRAIN D. MNTrac All Hazards Approach Quarterly Multiple Capabilities REDCap A.2 All CHBs/THDs will review and update existing training plan(s) for CHB and THD staff. Recommend inclusion of trainings identified in the NOFO (Page 33). https://www.cdc.gov/readiness/media/pdfs/2024/04/Foa_Content_of_CDC- RFA-TU-24-0137.pdf All Hazards Approach Quarterly Multiple Capabilities PHPC A.3 All CHBs/THDs will participate in MDH led, public health focused, readiness and response trainings, as offered. All Hazards Approach Quarterly Multiple Capabilities A.4 All CHBs/THDs will submit requested AAR-IP data elements to MDH via REDCap within 60 days of completion of the exercise/incident/event. All Hazards Approach 60 Days following the exercise/incident/event Multiple Capabilities REDCap A.5 All CHBs will maintain Health Care Coalition (HCC) membership and participate in regional Health Care Coalition meetings, trainings, and exercises, as able. Partnerships Quarterly Domain 1: Community Resilience and Capability 1: Community Preparedness PHPC A.6 THDs are encouraged to participate in regional Health Care Coalition meetings, trainings, and exercises, as able. Partnerships Quarterly Domain 1: Community Resilience and Capability 1: Community Preparedness PHPC A.7 CHBs will ensure regional representation on Health Care Coalition steering or advisory committees, and report back to CHB/LHD/THD Directors and Emergency Preparedness Coordinators on actions, information, and other important items. Partnerships Quarterly Domain 2: Incident Management Capability 3: Emergency Operations Coordination PHPC 2 A.8 All CHBs/THDs will respond to all State Health Alerts (HAN) messages: respond and forward alerts within 1 hr. and advisories within 24 hours. Forward messages to HAN recipients as requested by the State. No local response tracking required. Partnerships No Formal Reporting Domain 3: Information Management Capability 6: Information Sharing Monitored real time A.9 All CHBs/THDs will report on equipment, if over $5000 at end of year. EOY REDCap Base Duties CDC Priorities Framework and PHEP Capabilities Reporting Frequency and Method B.1 At least one staff from a CHB/THD will attend training on Risk Assessment Data Elements (RADE) and Jurisdictional Risk Assessment (JRA) tools, if offered by MDH. This training will support both new and experienced staff. Data Modernization EOY Domain 1: Community Resilience Capability 1: Community Preparedness MN.TRAIN Registration B.2 All CHBs/THDs will complete a Risk Assessment (RA) for their jurisdictions (use a JRA or other RA tool) once every five years. All Hazards Approach EOY Domain 1: Community Resilience Capability 1: Community Preparedness REDCap B.3 All CHBs/THDs will conduct one (1) discussion-based exercise at the CHB/THD level by March 31, 2025. This discussion-based exercise should be based on one of the top 5 public health threats identified in your Risk Assessment and must address at least one access and functional (AFN)need consideration. CHBs/THDs will complete an AARIP for this exercise in REDCap. All Hazards Approach & HealthEquity March 31, 2025 Multiple Capabilities REDCap B.4 All CHBs/THDs will identify if they have county/city/tribal emergency preparedness, recovery, and mitigation committees, advisory groups, or work groups. Report specific data to MDH (e.g., Name of group, focus of group, LPH role in group). Participation in the county/city/tribal emergency preparedness committees is encouraged. Partnerships Quarterly Domain 1: Community Resilience Capability 1: Community Preparedness REDCap All Hazards Approach EOY 3 B.5 All CHBs/THDs will locally conduct a MYIPP (Multi-Year Integrated Preparedness Plan) workshop by June 30, 2025. Inclusion of different program areas within the PH/TH departments in the IPP Workshop is encouraged. Domain 2: Incident Management and Capability 3: Emergency Operations Coordination PHPC B.6 All CHBs/THDs will create a 5-year MYIPP based on findings from their local MYIPP workshop, after action reports/improvement plans (AAR-IP), risk assessment, and local priorities. The MYIPP will be updated annually and shared with the PHPC during a site visit or other meeting. All Hazards Approach Quarterly Domain 2: Incident Management and Capability 3: Emergency Operations Coordination PHPC B.7 All CHBs/THDs will participate in MDH EPR led discussions addressing the use of data and systems in preparedness, response, and recovery activities. Data Modernization Quarterly Domain 3: Information Management, Capability 6: Information Sharing REDCap B.8 All CHBs/THDs will report quarterly on the following baseline information. • Title of PHEP/CRI funded vacant position, e.g. MCM coordinator, PHEP Coordinator, EP Planner, etc. • FTE status of the vacant position. • Date position(s) became open and date position filled. • List factors that present or presented challenges to filling the position(s). Administrative and Budget Preparedness Quarterly Domain 2: Incident Management Capability 3: Emergency Operations Coordination REDCap B.9 All CHBs/THDs will submit updated POD (open and closed) locations via REDCap tool a minimum of two times during PHEP BP1. All Hazards Approach Mid-year and EOY Domain 4: Countermeasures and Mitigation Capability 8: Medical Countermeasure Dispensing and Administration REDCap Tool (Outside of PHEP REDCap Reporting tools) B.10 All CHBs will conduct an annual volunteer call down drill. Document and submit data elements to MDH using the short AAR-IP form located in REDCap within 60 days of completion of the volunteer call down drill. Risk Communications EOY Domain 5: Surge Management Capability 15: Volunteer Management REDCap B.11 Volunteer Communication All MN Responds administrators will communicate with registered volunteers on a regular basis as one method to support retention of volunteers. Risk Communications Mid-year and EOY 4 Examples of communication may include MN Responds materials, trainings/exercise opportunities, emergency preparedness news, or information on public health initiatives. Call-down drills do not qualify as communication. Tiered: base and X=Two times per year, Y and Z= Four times per year Domain 5: Surge Management Capability 15: Volunteer Management REDCap Y/Z FUNDED REQUIRED DUTIES (Elective BASE/X) CDC Priorities Framework and PHEP Capabilities Reporting Frequency and Method E.1 CHBs/THDs will identity and complete two work plan activities per CHB/THD based on local priorities identified in your JRA or the MYIPP (such as training and exercise of an updated plan). All Hazards Approach Quarterly Multiple Capabilities REDCap E.2 CHBs/THDs will include activities related to pandemic influenza as part of MYIPP. All Hazards Approach Quarterly Domain 2: Incident Management Capability 3: Emergency Operations Coordination PHPC E.3 CHBs/THDs will identify, and share lessons learned and promising practices with other jurisdictions outside of their region at least once. Method to be determined in conjunction with MDH EPR. Partnerships Quarterly Domain 1: Community Resilience Capability 1: Community Preparedness REDCap E.4 CHBs/THDs will work with CRI jurisdictions to share recovery best practices. Partnerships Quarterly Domain 4: Countermeasures and Mitigation Capability 8: Medical Countermeasure Dispensing and Administration REDCap E.5 CHBs/THDs that are non-CRI jurisdiction will participate in the MDH hosted MCM work groups, meetings, and activities. Partnerships Quarterly Domain 4: Countermeasures and Mitigation Capability 8: Medical Countermeasure Dispensing and Administration REDCap 5 CRI Only Duties CDC Priorities Framework and PHEP Capabilities Due Dates and Reporting Method CRI.1 CRI jurisdictions will participate in, or contribute to, the MDH Risk Assessment as requested by MDH Domain 1: Community Resilience Capability 1: Community Preparedness January 31, 2025 REDCap CRI.2 CRI jurisdictions will include communities of focus in the risk assessment process. CRI jurisdictions will identify which communities of focus are included in their process/planning via REDCap reporting. Domain 1: Community Resilience Capability 1: Community Preparedness January 31, 2025 REDCap CRI.3 CRI jurisdictions will include a minimum of one (1) community of focus in one exercise each budget period. Community of focus must be included in AAR-IP process and should be indicated on submitted REDCap survey. Domain 1: Community Resilience Capability 1: Community Preparedness EOY REDCap CRI.4 CRI jurisdictions will review and update their open and closed POD plans. Domain 4: Countermeasures and Mitigation Capability 8: Medical Countermeasure Dispensing and Administration EOY REDCap CRI.5 CRI jurisdictions will update POD notification list(s). Domain 4: Countermeasures and Mitigation Capability 8: Medical Countermeasure Dispensing and Administration EOY REDCap CRI.6 CRI jurisdictions will participate in meetings or work groups regarding projects or tasks to maintain capacity and capability to distribute, dispense and administer MCM and manage medical material, when requested. Domain 4: Countermeasures and Mitigation Capability 8: Medical Countermeasure Dispensing and Administration EOY REDCap CRI.7 CRI jurisdictions will conduct a discussion-based exercise focused on Communication Surveillance (media and social media monitoring and sharing the information). MDH will provide the discussion agenda/questions for use in this exercise. Domain 3: Information Management Capability 4: Emergency Public Information and Warning EOY REDCap CRI.8 CRI jurisdictions will submit AAR-IP data elements via REDCap from the discussion-based exercise focused on Communication Surveillance. Domain 3: Information Management Capability 4: Emergency Public Information and Warning EOY REDCap CRI.9 CRI jurisdictions will work collaboratively to compile and present lessons learned and promising practices based on the communications discussion- based exercise to LPH/TH statewide. Domain 3: Information Management Capability 4: Emergency Public Information and Warning EOY REDCap 6 CRI.10 CRI jurisdictions will work collaboratively to compile and present potential recovery operation roles and promising practices to LPH/TH statewide. (Consider opportunities to share promising practices on a national level as opportunities arise, such as PHEP Summit, NACCHO publications) Domain 1: Community Resilience and Capability 2: Community Recovery EOY REDCap AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #4.D. STAFF REPORT NO. 129 CITY COUNCIL MEETING 9/24/2024 REPORT PREPARED BY:Rachel Lindholm, Sustainability Coordinator DEPARTMENT DIRECTOR REVIEW:Karl Huemiller, Recreation Services Director 9/16/2024 OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: Katie Rodriguez, City Manager 9/19/2024 ITEM FOR COUNCIL CONSIDERATION: A Resolution endorsing the constitutional amendment to reauthorize the dedication of state lottery proceeds to the Environment and Natural Resources Trust Fund (ENRTF). EXECUTIVE SUMMARY: Conservation Minnesota is leading a campaign encouraging voters to approve extending the funding of the ENRTF for another 25 years. This fund provides tens of millions of dollars annually to fund local conservation projects. The campaign is supported by a coalition of various partners, including environmental organizations, cities, counties, and others. City staff are proposing to support the campaign through a resolution of support. RECOMMENDED ACTION: By motion: Approve the resolution endorsing the constitutional amendment to reauthorize the dedication of state lottery proceeds to the environment and natural resources trust fund. BASIS OF RECOMMENDATION: A.HISTORICAL CONTEXT In 1990 and again in 1998 Minnesotans voted in favor of a constitutional amendment dedicating at least 40% of State Lottery proceeds to fund the ENRTF. Since then, over $1 billion has been invested to help restore and protect our water, land, and wildlife. This amendment is set to expire in 2025. In November, Minnesotans will have the opportunity to vote to continue this policy for another 25 years, keeping state lottery funds at work supporting clean lakes, healthy forests, and outdoor recreation. Without passage of the constitutional amendment that has been placed on the 2024 ballot, the ENRTF will lose its only source of income. Last legislative session introduced a new community grant program funded by the ENRTF that will release over $20 million annually to small rural, urban, and community focused organizations making the funds more accessible to a larger swath of Minnesotans doing important conservation work at the local level. B.EQUITABLE OR STRATEGIC CONSIDERATIONS OR IMPACTS Equity: ENRTF funds have supported past projects including increasing diversity in environmental careers, tribal land acquisition, free public education programs, and encouraging/facilitating engagement in nature for underserved communities. Strategic Plan: Minor connections to goals around sustainable infrastructure. C.POLICIES (resolutions, ordinances, regulations, statutes, exc): None D.CRITICAL TIMING ISSUES: The campaign to support this ballot measure launched on September 4, 2024. E.FINANCIAL IMPACT: None F.LEGAL CONSIDERATION: None ALTERNATIVE RECOMMENDATION(S): None PRINCIPAL PARTIES EXPECTED AT MEETING: ATTACHMENTS: Description Type ENRTF resolution Resolution Letter RESOLUTION NO. RESOLUTION ENDORSING THE CONSTITUTIONAL AMENDMENT TO REAUTHORIZE THE DEDICATION OF STATE LOTTERY PROCEEDS TO THE ENVIRONMENT AND NATURAL RESOURCES TRUST FUND. WHEREAS, the City Council of the City of Richfield is the official governing body of the City of Richfield, Minnesota; and WHEREAS, in 2023, the Minnesota State Legislature voted to include the following question on the November 5th, 2024 general election ballot, “Shall the Minnesota Constitution be amended to protect drinking water sources and the water quality of lakes, rivers, and streams; conserve wildlife habitat and natural areas; improve air quality; and expand access to parks and trails by extending the transfer of proceeds from the state-operated lottery to the environment and natural resources trust fund, and to dedicate the proceeds for these purposes?”; and WHEREAS, Minnesota has benefited greatly from the Environment and Natural Resources Trust Fund, which, since being approved by voters in 1991, has provided over $1 billion to more than 1,700 projects around the state “for the public purpose of protection, conservation, preservation, and enhancement of the state’s air, water, land, fish, wildlife, and other natural resources”; and WHEREAS, the City of Richfield acknowledges that the Environment and Natural Resources Trust Fund has been a crucial investment that has protected ecosystems, aided local communities, promoted outdoor recreation, improved health outcomes, pursued environmental equity, bolstered agricultural resiliency, and supported strong businesses and good-paying jobs across the state; and WHEREAS, several cities and organizations have benefited from the Environment and Natural Resources Trust Fund by securing money to help with projects like shoreland restoration, environmental education, natural resources management, and more ; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota that this body supports the constitutional amendment to reauthorize the dedication of state lottery proceeds to the Environment and Natural Resources Trust Fund and urges Minnesotans to vote “YES” on election day - Tuesday, November 5th, 2024. Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of September, 2024. Mary Supple, Mayor ATTEST: Michelle Friedrich, City Clerk AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #4.E. STAFF REPORT NO. 130 CITY COUNCIL MEETING 9/24/2024 REPORT PREPARED BY:John Evans, Analyst DEPARTMENT DIRECTOR REVIEW:Karl Huemiller, Recreation Services Director 9/17/2024 OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: Katie Rodriguez, City Manager 9/18/2024 ITEM FOR COUNCIL CONSIDERATION: Consider a resolution accepting a grant from Great River Greening in the amount of $105,100 to provide habitat restoration services at Wood Lake Nature Center. EXECUTIVE SUMMARY: The City of Richfield has secured a grant from Great River Greening in the amount of $105,100 to fund a partnership project with Wood Lake Nature Center for habitat restoration work at Wood Lake Nature Center. The work will include invasive plant removal, tree and shrub planting, and other restoration work. The City of Richfield will contribute a maximum of $19,500 towards the partnership project and will work alongside Great River Greening, who will oversee the work, which will be performed by contractors. RECOMMENDED ACTION: By motion: Approve a resolution accepting a grant from Great River Greening in the amount of $105,100 to provide habitat restoration services at Wood Lake Nature Center. BASIS OF RECOMMENDATION: A.HISTORICAL CONTEXT For years, Wood Lake Nature Center has been working to develop an oak savannah in the southern portion of the park. The development of a new ecosystem within the park takes years of maintenance and upkeep. This grant will establish and then maintain the oak savannah in the southern portion of the park for five years. Having an oak savannah within the park will expand programming opportunities for school groups and the public. B.EQUITABLE OR STRATEGIC CONSIDERATIONS OR IMPACTS Impact: Wood Lake Nature Center is an amenity that is free to the public and has been heavily utilized for over 50 years. Habitat restoration and preservation is vital to ensuring the continuation of these services for many years to come. People: The Recreation Services Department 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 Lake Nature Center is uniquely located to provide access to nature for all members of our community. Consequences: The Recreation Services Department has been proactive about creating a welcoming environment for all people and we have seen diverse participation. Staff 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: Habitat restoration and maintenance is an important piece to ensuring the success of Wood Lake's environmental education programs into the future. This grant helps to offset costs that would otherwise be paid by residents. C.POLICIES (resolutions, ordinances, regulations, statutes, exc): The Great River Greening grant, as with all grants, requires Council acceptance by resolution. D.CRITICAL TIMING ISSUES: Staff will need to proceed with the grant and the project in a timely manner to ensure the availability of the awarded funds. E.FINANCIAL IMPACT: The grant will provide the funds necessary to perform extensive restoration work at Wood Lake Nature Center. F.LEGAL CONSIDERATION: There are no legal considerations for this item. ALTERNATIVE RECOMMENDATION(S): Reject the resolution and the $105,100 grant award and cancel the scheduled habitat restoration work it would fund. PRINCIPAL PARTIES EXPECTED AT MEETING: ATTACHMENTS: Description Type Resolution Resolution Letter RESOLUTION NO. RESOLUTION ACCEPTING A GRANT FROM GREAT RIVER GREENING FOR WOOD LAKE NATURE CENTER, IN THE AMOUNT OF $105,100, FOR HABITAT RESTORATION WORK AT WOOD LAKE NATURE CENTER. WHEREAS, the City of Richfield has secured a grant from Great River Greening in the amount of $105,100 to fund a partnership project with Wood Lake Nature Center; and WHEREAS, Minnesota Statute 465.03 requires the acceptance of grants by resolution of the City Council, adopted by two-thirds majority of its members, expressing such terms in full; and WHEREAS, the City of Richfield will contribute $19,500 (max amount) towards the partnership project with Great River Greening, who will oversee the work, performed by contractors, to include invasive plant removal, tree and shrub planting, and other habitat restoration work. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, that Richfield Recreation Services staff is authorized to accept the grant from Great River Greening to fund habitat restoration services at Wood Lake Nature Center. Adopted by the City Council of the City of Richfield, Minnesota this 24th day of September, 2024. Mary Supple, Mayor ATTEST: Michelle Friedrich, City Clerk AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #4.F. STAFF REPORT NO. 131 CITY COUNCIL MEETING 9/24/2024 REPORT PREPARED BY:Michelle Friedrich, City Clerk DEPARTMENT DIRECTOR REVIEW: OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: Katie Rodriguez, City Manager 9/19/2024 ITEM FOR COUNCIL CONSIDERATION: Consider the adoption of a resolution appointing election judges for the General Election on November 5, 2024. EXECUTIVE SUMMARY: The General Election is on November 5, 2024. Election judges have been assigned to the precincts based on availability and party balance. There are 187 election judges available to assist with the election. An absentee ballot board must also be established per Minnesota Statutes, Section 203B.121. The absentee ballot board, which includes Hennepin County Election Staff, will examine all received absentee ballot envelopes and accept or reject absentee ballots. RECOMMENDED ACTION: By motion: Adopt a resolution appointing election judges and an absentee ballot board for the General Election of November 5, 2024. BASIS OF RECOMMENDATION: A.HISTORICAL CONTEXT Minnesota Statute 204B.21 Subd. 2 provides that election judges for precincts in a municipality shall be appointed by the governing body of the municipality and that the appointments be made at least 25 days before the election at which the election judges will serve. B.EQUITABLE OR STRATEGIC CONSIDERATIONS OR IMPACTS C.POLICIES (resolutions, ordinances, regulations, statutes, exc): The City Council is required by State Statute 204B.21, Subd. 2, to make election judge appointments. The draft resolution contains names of those qualified individuals who have indicated a willingness and ability to serve as an election judge for the General Election on November 5, 2024. D.CRITICAL TIMING ISSUES: Election judge appointment is a requirement per State Statute 204B.21, Subd. 2. E.FINANCIAL IMPACT: N/A F.LEGAL CONSIDERATION: The City Council must appoint election judges to serve at these elections to comply with Minnesota Statute 204B.21, Subd. 2. Resident and non-residents can complete an application for consideration to serve as an election judge to the County Auditor pursuant to the provisions of M.S. 204B.21 Subd. 1, and may include those who have previously served or have indicated an interest in serving. ALTERNATIVE RECOMMENDATION(S): N/A PRINCIPAL PARTIES EXPECTED AT MEETING: None ATTACHMENTS: Description Type Election Judge Appointments - General Election 2024 Cover Memo City of Richfield County of Hennepin State of Minnesota September 24, 2024 Page 1 of 3 RESOLUTION NO. RESOLUTION APPOINTING ELECTION JUDGES AND AN ABSENTEE BALLOT BOARD FOR THE GENERAL ELECTION BEING HELD ON NOVEMBER 5, 2024 WHEREAS, Minnesota Election Law 204B.21 requires that persons serving as election judges be appointed by the Council; and WHEREAS, the city is responsible for hiring and training election judges and absentee ballot board election judges, and utilizes individuals who have previously served or who are new, and city staff; and WHEREAS, the city is responsible for establishing an Absentee Ballot Board as authorized under Minn. Stat. 203B.121, and authorizes the City Clerk to oversee the appointment and procedural processes of the Absentee Ballot Board; and WHEREAS, per State Statute, 204B.21, Subd. 2, the Richfield City Clerk is authorized to appoint additional election judges and absentee ballot board election judges within 25 days prior to any election if additional election judges will be required; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, that the individuals named on Exhibit A, and on file in the office of the City Clerk be appointed as the City of Richfield Election Judges, and the Hennepin County Absentee Ballot Board be utilized as the Absentee Ballot Board for the City of Richfield, for the General Election on November 5, 2024. Passed and adopted by the City Council of the City of Richfield, Minnesota this 24th day September, 2024. ATTEST: Mary B. Supple, Mayor Michelle Friedrich, City Clerk City of Richfield County of Hennepin State of Minnesota September 24, 2024 Page 2 of 3 Exhibit A General Election Judges Robert Alexander Joyce Anderson Sheldon Anderson Barbara Bauer William Bednar Matthew Bell Valerie Belton Rosemary Bernau Rosalie Bjorkman Suzi Blumberg Madelyn Boie Sara Boothe Linda Boyd Wanda Breyer Meredith Bruzek Mark Buffie Mary Buffie Christie Burke Hazel Burnside Willis Cahill Amy Carlsted Rebecca Case Sally Cassellius Carrie Chillman William Christophel Mary Clark Margaret Cole Amy Cook Gretchen Crow Scott Dahlquist Julie Danielson Sandra Decker Blue Delliquanti Callmie Dennis Amanda Devine Katrina DeVore Catherine Dinndorf Cynthia Dubansky Janel Dysart Grant Eckels Joanne Ehren Dahlquist Mary Elliott Taryn Ellis Debbie Eng Carolyn Engeldinger Brie Ericksson Jose Escobedo Mary Jo Fadell Denise Famodu Derek Field Megan Forsmark Nicole Franklin Beverly Fritz Claire Gahler Myriah Garvey Arend Geurink Judith Goebel Michael Goff Jade Goswami Jane Greene Daniel Groepper Rebecca Guarino Roger Guarino Bradley Hanson James Harding Kristin Harmes Dennis Heidelberg Ruth Hiland Lisa Hintermeister Linda Hinz Dean Hoffman Marilyn Jacobson Emilie Jensen Thomas Jensen Henry Jimenez Janell Joyner Andy Kahn Amanda Kaiser James Kaiser Janet Karnick Dawn Keaveny Karen Kegley Carol Kellett John Kelly Mary Kelly Carly Kidd Claire Killian Erica Klein Erica Klein Barbara Knoll Nathan Knox Dora Lane Jeremy Lang Katie Lankton Helen Lapakko Joan Lash Mandee Liberty Anna Lockrem William Lockrem Emily Lodermeier Carol Lowe Lucy Lund Ruth Matson Andy May Kathleen McDonough Michele McGee Adri Melander Sandra Menning-Glavan Steven Meschke Richard Morey Robert Mulcahy Sarah Musgrave Sumner Musolf Carol Nelson Thu Nguyen Susan Nielsen Marilyn Nienkerk Jacob Olsen Zachary Olson City of Richfield County of Hennepin State of Minnesota September 24, 2024 Page 3 of 3 Barbara Orzechowski Kevin Overson Frank Pafko Marvin Pate Paul Peichel Wayne Peterson Carol Petkoff Joshua Policarpio Heather Polivka Susan Poore James Reilly Danni Remer Donald Rhodes Holly Rhodes Amy Rittenhouse Bill Rodriguez Julie Roemen Nancy Rollinger Samantha Ross Jay Rossom Richard Rubenstein Jeffrey Rundgren Claire Ryan Robert Sakkinen Nathan Salazar Michael Sawyer Maureen Scaglia Lynn Schoonmaker Margaret Schow Anne Schuette Bonnie Scurry Michael Smith K. Lashel Solberg Erin Springer Ellen Stavreff Jay Stevens Virginia Stillwell Robert Sullentrop Elaine Swanson John Swanson Roger Swanson Kristin Swenson Matthew Taraldsen Lisa Tesch Cheryl Thiele Wanda Thompson Cara Thrane Mark Tilc Hayley Tompkins Penelope Tower Mary Jo Tuttle John Twisk Lindy Venustus Stephanie Vizecky Cynthia Wade Forsgren Sandra Walstrom Christine Walz John Ward Lois Webb-Bradford Emily Wecker Mark Wegener Max Weinberger Bob Wells Jared Wills Karin Wolverton Charles Wright Amy Yescavage Michael Zazzera AGENDA SECTION:PUBLIC HEARINGS AGENDA ITEM #6. STAFF REPORT NO. 132 CITY COUNCIL MEETING 9/24/2024 REPORT PREPARED BY:Courtney Miller, Senior Analyst DEPARTMENT DIRECTOR REVIEW: OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: Katie Rodriguez, City Manager 9/18/2024 ITEM FOR COUNCIL CONSIDERATION: Consider the second reading and hold a public hearing for an ordinance amendment to the Richfield City Code Appendix D (Fee Schedule) related to building, planning, and zoning fees. EXECUTIVE SUMMARY: City staff annually review fees to determine if charges for permits and services are appropriate. Staff want to ensure the costs of issuance for fees and permits reflect the staff time and costs related to performing the services associated with those fees. Staff also work to ensure that costs for City services are in line with our peer communities, are not excessive, and are compliance with state statute. Fees related to building permits, zoning, and other land use permits are established by Appendix D of the City's Code but, unlike other fees included in the budget agenda item, charges for building, planning, and zoning are required to be set by ordinance, not by resolution. RECOMMENDED ACTION: Conduct and close the public hearing and by motion; 1. Approve the attached ordinance amendment to Richfield City Code Appendix D (Fee Schedule) related to building, planning, and zoning fees; 2. Approve a resolution authorizing summary publication of said ordinance. BASIS OF RECOMMENDATION: A.HISTORICAL CONTEXT B.EQUITABLE OR STRATEGIC CONSIDERATIONS OR IMPACTS Having fees that reflect an appropriate cost when looking at staff time and resources helps to ensure that staff are able to continue to provide services at a high level for all residents. Comparing fee structures with other cities helps to mitigate unintended consequences for Richfield residents. C.POLICIES (resolutions, ordinances, regulations, statutes, exc): State Statutes require municipal fees and permits to be determined in accordance with actual staff time and costs that are incurred in providing related services. City staff has determined that the fees in question should be modified in order to better reflect actual time and costs incurred. D.CRITICAL TIMING ISSUES: To ensure the ordinance is law before January 1, 2025 and to provide notice of the increases it is important that this is approved at the September 24, 2024 meeting. E.FINANCIAL IMPACT: City staff has determined that current fees for some applications are insufficient to cover the costs related to processing those applications. Staff also reviews similar fees in our "peer communities" to ensure that Richfield's fees are not onerous or excessive. With the proposed changes, Richfield's fees remain in line with these peer communities. F.LEGAL CONSIDERATION: Notice of the public hearing shall be published in the Sun Current, as required. ALTERNATIVE RECOMMENDATION(S): None. PRINCIPAL PARTIES EXPECTED AT MEETING: ATTACHMENTS: Description Type Appendix D Transitory Ordinance Ordinance Resolution and Summary Publication Appendix D Ordinance City of Richfield September 24, 2024 County of Hennepin State of Minnesota BILL NO. 2024-X TRANSITORY ORDINANCE NO. 19-XX Motion By: Seconded By: AN ORDINANCE AMENDING APPENDIX D TO THE RICHFIELD CITY CODE; ESTABLISHING A FEE SCHEDULE FOR CERTAIN PERMITS AND APPLICATIONS THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background 1.01 Appendix D to the Richfield City Code consists of the schedule of fees adopted by the City Council, including those adopted by resolution and those adopted by Ordinance. 1.02 Minnesota Statutes, Section 462.353 requires that certain fees be adopted by Ordinance. The City Council has previously established certain fees by Transitory Ordinance No. 19.31. The City Council has established other fees by resolution, which resolution is also part of Appendix D. 1.03 The City Council has determined the need to update the schedule of fees under Transitory Ordinance No. 19.31. Section 2. Fee Schedule Adopted 2.01 The fees set forth in the attached Exhibit A are hereby adopted by Ordinance. 2.02 The fees adopted at Section 2.01 of this Ordinance shall be amended only by Ordinance. Any fees established by resolution, other than those adopted at Section 2.01 of this Ordinance, may be amended from time to time by resolution of the City Council. Section 3. Effective date; codification. 3.01 This Ordinance is effective in accordance with Section 3.09 of the City Charter. 3.02 This Ordinance shall take effect January 1, 2025. 3.03 A copy of this Ordinance shall be included in Appendix D to the Richfield City Code, immediately prior to the resolution establishing fees. 3.04 This Ordinance supersedes Transitory Ordinance No. 19.31. City of Richfield September 24, 2024 County of Hennepin State of Minnesota Adopted by the City Council of the City of Richfield, Minnesota this 24 day of September 2024. VOTING AYE VOTING NAY Supple, Mary Supple, Mary Christensen, Sharon Christensen, Sharon Hayford O’Leary, Sean Hayford O’Leary, Sean Trautmann, Simon Trautmann, Simon Whalen, Ben Whalen, Ben Mary B. Supple, Mayor ATTEST: Michelle Friedrich, City Clerk City of Richfield September 24, 2024 County of Hennepin State of Minnesota EXHIBIT A. CONSTRUCTION AND RELATED PERMIT FEES AND CHARGES A. Investigation Fees: Work without a Permit: Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The minimum investigation fee shall be the same as the minimum fee set forth in Section 2. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. B. Permit fee refunds: The building official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. The building official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. The building official shall not authorize refunding of any fee paid except on written application filed by the original permitted not later than 180 days after the date of fee payment. Type of Permit or License Section Requirin g Description Fee (1) Building Permits 400.03 — 400.09 Fee Schedule to follow MN Statute 326B.153 + State Surcharge 326B.148 https://www.revisor.mn.gov/statutes/cite/326 B.153 Except values of $1-$2,000, the fee is $65.00 https://www.revisor.mn.gov/statutes/cite/326 B.148 (2) Driveway, Parking Area Permits 515.05 (no permit fee for sidewalks) $4065.00 (3) Swimming 420.00 Permanent or portable pools are based on $5565.00 City of Richfield September 24, 2024 County of Hennepin State of Minnesota building permit fees with a minimum of (4) Plan Review Fee 400.03 — 400.09 25% for decks/porches, gazebos, bathroom remodels, etc. 35% of building permit fee for one and two family dwelling basement remodels Plan review fee for similar buildings 65% of building permit fee for all other building permits, except no fee for the following: (a) Existing single family dwelling minor nonstructural alterations. (b) Single and two family dwelling repair and maintenance work. (c) Commercial and industrial repair and maintenance work not exceeding $1,000.00 or where plans are not required. Plan Review fee for similar buildings Maximum 25% of permit fee based on Minnesota State Building Code 1300.0160 (5) Contractor License Verification Fee contractor applies for permit(s) $5.00 (6) Moving- Buildings 845 Moving Permit Fee $65.00 (7) Structure Demolition 400.00 — 400.09 (a) Commercial Demolition cost as per Building Permit Schedule with a minimum of $65.00 (b) Residential Demolition Dwelling One or two story Residential—Garage and lesser structure $65.00 $40.00 City of Richfield September 24, 2024 County of Hennepin State of Minnesota (8) Plumbing Permit 400.03 — 400.09 400.03 — 400.09 Residential Minimum Fee 2% of Total Job cost with a minimum of (includes one inspection) $5565.00 Each additional inspection $5565.00 (9) Plumbing Permit 400.03 — 400.09 400.03 — 400.09 Commercial/Industrial/M ulti-family Based on Total Job cost 2% of Estimated Job cost with a minimum of(includes one inspection) $65.00 Each additional inspection $65.00 (10) Electrical Permit 400.03 — 400.09 400.03 — 400.09 Residential (a) Minimum Fee which includes one inspection $55.00 (b) Each additional Inspection $55.00 (c) Complete Wiring Fee: Single-family Dwelling and each dwelling unit of a two family dwelling and includes not more than three inspections. $175.00 (d) New Service—up to 200 amps $100.00 (e) Temporary Service— (for construction) $55.00 (f) Sub Panel $55.00 (g) Installation, addition alteration, or repair of each circuit or feeder $10.00 (h) Swimming pool or exterior hot tub $55.00 (11) Electrical Permit Commercia l (12) 400.03 — 400.09 400.03 — 400.09 Commercial, Industrial and multiple dwellings(more than two units) and Technology systems: $55.00 City of Richfield September 24, 2024 County of Hennepin State of Minnesota Electrical Permit Signs Minimum Fee which includes one inspection Each additional inspection $55.00 (a) Based on total job cost - 2% of estimated job cost with a minimum of - Over $50,000 ? Fee/$1,000.00 plus 1% of cost over $50,000.00 $55.00 (b) Traffic Signals: Per Intersection $185.00 (c) Fire Alarm: Based on ¾% of cost of electrical job to customer with a minimum of $55.00 (d) Carnivals, festivals and similar events plus $35.00 for each service on generator $110.00 (13) Solar Photovoltai c System Rating* Based on 2% of cost of electrical job to customer with a minimum of (separate electrical permit required for signs) 400.03 — 400.09 0—5,000 watts $65.00 5,001—10,000 watts $150.00 10,001—20,000 watts $200.00 20,001—30,000 watts $250.00 30,001—40,000 watts $300.00 (14) Residential Heating, Ventilating, Air Conditionin g and Refrigeratio n Commercia l Heating, Ventilating, Air 400.03 — 400.09 Central Systems and Additions, Alterations and Repairs 1½% estimated cost with a minimum of (Includes one inspection) $5565.00 City of Richfield September 24, 2024 County of Hennepin State of Minnesota Conditionin g and Refrigeratio n Each additional inspection Central Systems and Additions, Alterations and Repairs 1½% estimated cost with a minimum of $5565.00 $65.00 (15) Sign Installation 415.01 — 415.11 (a) Temporary sign permit (b) Permanent sign (any size) Building permit is required for sign support structures fees based on building permit fee schedule $5565.00 $125.00 (16) Temporary Certificate of Occupancy 400 A temporary Certificate of Occupancy may be issued before completion of the entire work covered by the permit, provided the Chief Building Official deems that the building is safe to occupy $200.00 Plus a letter of credit or cash escrow equal to 125% of the remaining City Code requirements ZONING, LAND USE AND RELATED CHARGES Type of Permit or License Section Requiring Description Fee (1) Planned Unit Development 542 (a) $1,000 plus $5/$1,000 of project value (construction cost) up to a maximum fee of $5,000.00 (b) Major PUD Plan Amendment— $1,000 plus $5/$1,000 of project value (construction cost) up to a maximum fee of $5,000.00 (c) Minor PUD Plan Amendment $400.00 (2) Site Plan Review 547 (a) $500 plus $5/$1,000 of project value (construction cost) to a maximum fee of $3,500.00 City of Richfield September 24, 2024 County of Hennepin State of Minnesota (b) Major amendment—$500 plus $5/$1,000 of project value (construction cost) to a maximum fee of $3,500.00 (c) Minor amendment $350.00 (3) Variance 547 Residential $350.00 Non Residential $500.00 Variance Appeal Residential and Non Residential $350.00 (4) Conditional Use Permit 547 (a) $500 + $5/$1,000 of project value (construction cost) up to a maximum fee of $3,500.00 (b) Major amendment—$500 + $5/$1,000 of project value (construction cost) up to a maximum fee of $3,500.00 (c) Minor amendment $350.00 (5) Interim Use Permit 547 $500 1,000 plus $100/year monitoring fee up to a maximum fee of $1,0001,500.00 (6) *Zoning District or Code Text Change 547 $1,0002,000.00 (7) *Subdivision Approval 500.01— 500.05 $500.00 Subdivision Waiver 500.05- Subd. 2 $350.00 (8) Street/Easement Vacation 820/State Statute $5001,000.00 (9) Appeal to Board of Adj. & Appeals 547 $350.00 (10) Special Request to City Council $350.00 (11) Zoning Compliance Letter $65.75.00 (12) Comprehensive Plan Amend. $1,000.00 (13) Plats* 500 Preliminary/Final Plat $775.00 (14) Sketch Plan Review $350.00 (15) Extension Extension of a Land Use Approval (rezoning, site plan approval, conditional use permit, variance, etc.) beyond its original approval period $250.00 (16) Escrow Administration Fee $50100.00 City of Richfield September 24, 2024 County of Hennepin State of Minnesota (17) Special Exception Review for Fences or Walls 509.15 Subd.13 A special fence exception may be issued per the restrictions of Section 509.15 for corner lots or through lots. $250.00 (18) Public Tree Planting Fund 544.03 Subd.8 For the planting of trees in public parks or public boulevards. $160.00 per caliper inch. *Any additional expenses incurred by the City in the course of processing a request will be charged to the applicant. FIRE SERVICES FEES Type of Permit or License Section Requiring Description Fee (6) Fire Extinguishing System Permit Based on Building Permit fee schedule with a minimum of: Plan review fee: 65% of building permit fee, except no fee for the following: (a) no charge for valuation of $1,000 or less $50.00 (7) Fire Alarm Systems Based on Building Permit fee schedule with a minimum of: Plan review fee: 65% of building permit fee, except no fee for the following: (a) No charge for valuation of $1,000 or less $50.00 (8) Flammable or Combustible Liquid or Gas Storage Tanks and Piping Tanks (installation or modification) $150.00 Installation or alteration of piping Each unit or dispenser $50.00 Underground Tank Removal $100.00/Tank MISCELLANEOUS FEES Type of Permit or License Section Requiring Description Fee (3) Antenna Commercial Wireless Telecommunication Service (CWTS) 425 & 544 (a) CWTS antenna permit application fee $100.00 (b) Antenna permit fee for additional antennas added to an existing antenna location or replacement of existing antennas at a location $35.00 City of Richfield September 24,2024 County of Hennepin State of Minnesota RESOLUTION NO. 2024-XXXXX Motion: Second: AN ORDINANCE AMENDING APPENDIX D TO THE RICHFIELD CITY CODE; ESTABLISHING A FEE SCHEDULE FOR CERTAIN PERMITS AND APPLICATIONS WHEREAS, the City of Richfield has adopted the above referenced ordinance; and WHEREAS, the verbatim text of the ordinance is cumbersome, and the expense of publication of the complete text is not justified. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield that the following summary is hereby approved for official publication: SUMMARY PUBLICATION TRANSITORY ORDINANCE NO. 19-XX AN ORDINANCE AMENDING APPENDIX D TO THE RICHFIELD CITY CODE; ESTABLISHING A FEE SCHEDULE FOR CERTAIN PERMITS AND APPLICATIONS This summary of the ordinance is published pursuant to Section 3.12 of the Richfield City Charter. The purpose of the ordinance is to amend to Richfield City Code Appendix D (Fee Schedule) related to building, planning, and zoning fees to ensure the costs of issuance for fees and permits reflect the staff time and costs related to performing the services associated with those fees. 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 City Clerk’s office at (612) 861- 9739. Adopted by the City Council of the City of Richfield, Minnesota on this 24th day of September 2024. VOTING AYE VOTING NAY Supple, Mary Supple, Mary Christensen, Sharon Christensen, Sharon Hayford O’Leary, Sean Hayford O’Leary, Sean Trautmann, Simon Trautmann, Simon Whalen, Ben Whalen, Ben Mary B. Supple, Mayor ATTEST:. Michelle Friedrich, City Clerk