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11-12-2024 City Council AgendaREGULAR CITY COUNCIL MEETING RICHFIELD MUNICIPAL CENTER, COUNCIL CHAMBERS NOVEMBER 12, 2024 7:00 PM INTRODUCTORY PROCEEDINGS Call to order Pledge of Allegiance Open forum Please refer to the Council Agenda & Minutes web page for additional ways to submit comments. Approval of the Minutes of the (1) City Council Meeting of October 22, 2024. PRESENTATIONS 1.19th Annual Great Pumpkin Giveaway Coloring Contest Winners. 2.Civil Service Commission annual presentation given by President Jeffrey Bruzek. 3.Transportation Commission annual presentation given by Chair Husniyah Bradley. 4.Proclamation Celebrating Small Business Saturday. AGENDA APPROVAL 5.Approval of the Agenda 6.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 approval of the Ice time rental agreement between the City of Richfield and Minneapolis Hockey Association for the next five years. Staff Report No. 155 B.Consider approval of the first reading of a new ordinance regarding registration of cannabis and hemp businesses and related regulations. Staff Report No. 156 C.Consider approval of the Intensive Comprehensive Peace Officer Education and Training 2025 Grant between the City of Richfield Police Department and the Minnesota Department of Public Safety’s Office of Justice Programs (OJP) to fund non-traditional police officer candidates. Staff Report No. 157 D.Consider the adoption of a resolution determining the results of the City General Election on Tuesday, November 5, 2024. Staff Report No. 158 E.Consider approval of the purchase of two (2) 2025 Aerial Lift Trucks from Altec, Inc., for $389,907.00 plus tax, title, and license fees and authorize the City Manager to approve contract changes under $175,000 without further City Council consideration. Staff Report No. 159 7.Consideration of items, if any, removed from Consent Calendar RESOLUTIONS 8.Consider a resolution providing for the sale of $10,000,000 General Obligation Sales Tax Revenue Bonds, Series 2024A. 9.Consider a resolution approving the contract with the International Association of Firefighters Local 1215 for the contract period January 1, 2024 through December 31, 2025. OTHER BUSINESS 10.Consider approval of a contract with Fractional Head Start CFO, LLC to provide fractional CFO/Finance Director services and authorize the Mayor and City Manager to execute the contract. CITY MANAGER’S REPORT 11.City Manager's Report CLAIMS AND PAYROLLS 12.Claims and Payroll COUNCIL DISCUSSION 13.Hats Off to Hometown Hits 14.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. 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; Mary Tietjen, City Attorney; Melissa Poehlman, Community Development Director; and Michelle Friedrich, City Clerk. Others Present: Brett Stursa, Planning Commission Secretary; Aric Bieganek, Arts Commission Co-Chair; Stephanie Jacobson, Arts Commission Co-Chair. 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 No residents participated in the Open Forum. APPROVAL OF MINUTES M/Christensen, S/Trautmann to approve the minutes of the: (1) Regular City Council Meeting of October 8, 2024. Motion carried: 5-0 ITEM #1 CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Council Meeting October 22, 2024 CALL TO ORDER City Council Meeting Minutes -2- October 22, 2024 19TH ANNUAL GREAT PUMPKIN GIVEAWAY COLORING CONTEST WINNERS. Mayor Supple noted the winners were not able to attend the meeting. Mayor Supple thanked the sponsors of the giveaway. ITEM #2 ARTS COMMISSION ANNUAL PRESENTATION GIVEN BY CO-CHAIRS ARIC BIEGANEK AND STEPHANIE JACOBSON. Co-Chair Bieganek shared a presentation of the activities and events the Commission has hosted or participated in this year. Co-Chair Jacobson discussed future plans for arts in schools. Co-Chair Bieganek noted some of the community art projects and events the Arts Commission hosted this year. Co-Chair Bieganek also reviewed ongoing activities. Council Member Christensen mentioned her role as the liaison for the Arts Commission and expressed her enjoyment of the valuable work the commission does for the community. Council Member Trautmann expressed gratitude to all Commission Members and highlighted the positive impact of art on the community, emphasizing how it enhances the quality of life for everyone. Mayor Supple noted Commission applications will be opening soon. ITEM #3 PLANNING COMMISSION ANNUAL PRESENTATION GIVEN BY CHAIR EDDIE HOLMVIG-JOHNSON. Planning Commission Secretary Stursa announced that she is filling in for Chair Holmvig Johnson and will be delivering the presentation this evening. Planning Commission Secretary Stursa provided an update on the Planning Commission's decisions from this year. Mayor Supple noted her role as the liaison for the Planning Commission over the past year and expressed appreciation of the Commission’s thoughtful discussion. Council Member Hayford Oleary discussed that he has enjoyed the work sessions with the Planning Commission this year and noted that he appreciates their involvement in decisions and recommendations to Council. ITEM #4 APPROVAL OF AGENDA M/Whalen, S/Trautmann to approve the agenda. Motion carried: 5-0 ITEM #5 CONSENT CALENDAR City Council Meeting Minutes -3- October 22, 2024 City Manager Rodriguez presented the consent calendar. A. Consider awarding American Rescue Plan Act funding to non-profit organizations to provide services and activities that aid in the recovery of Richfield community members negatively impacted by the COVID-19 pandemic. (Staff Report No. 148) RESOLUTION NO. 12260 RESOLUTION APPROVING AN ALLOCATION OF AMERICAN RESCUE PLAN ACT FUNDING TO NON-PROFIT ORGANIZATIONS PROVIDING SERVICES TO RESIDENTS IMPACTED BY THE COVID-19 PANDEMIC. B. Consider adoption of a resolution designating the City's contribution towards health, dental, term life, and disability insurance premiums for 2025. (Staff Report No. 149) RESOLUTION NO. 12261 RESOLUTION DESIGNATING CITY'S CONTRIBUTION TOWARD HEALTH, DENTAL, TERM LIFE, AND DISABILITY INSURANCE PREMIUM FOR GENERAL SERVICES AND MANAGEMENT EMPLOYEES. C. Consider a request to authorize the Minnesota Department of Labor and Industry to assume the responsibilities for electrical inspections in the City of Richfield. (Staff Report No. 150) RESOLUTION NO. 12262 RESOLUTION AUTHORIZING THE MINNESOTA DEPARTMENT OF LABOR AND INDUSTRY TO ASSUME RESPONSIBILITIES FOR ELECTRICAL INSPECTIONS. D. Consider approval of a Construction and Maintenance Agreement with Rya Apartments, LLC, Cedar Point Investments, LLC, and the RF64 Homeowners Association that defines ownership and maintenance responsibilities for certain features constructed within the 6300 and 6400 blocks between 16th Ave S and Richfield Parkway. (Staff Report No. 151) M/Whalen, S/Christensen to approve the consent calendar. Council Member Hayford Oleary inquired whether the electrical inspections are permanent or if there is potential for future changes. He also asked how the process differs for homeowners when obtaining their inspections. Community Development Director Poehlman explained that while they could collaborate with the state to potentially reverse this decision, she does not anticipate any changes in the near future. She mentioned that homeowners will need to contact the state directly to schedule their inspections. Council Member Whalen thanked Community Development Director Poehlman for her work on the RF64 and Rya agreement. Director Poehlman acknowledged that she cannot take full credit for the agreement, highlighting the significant contributions by Engineer Joe Powers. Mayor Supple thanked stewardship for the American Recovery Plan Fund and all their work. She also thanked the Human Resource department for their work will all insurance issues. Motion carried: 5-0 City Council Meeting Minutes -4- October 22, 2024 ITEM #6 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR None. ITEM #7 CONSIDER A SECOND READING OF AN ORDINANCE AMENDMENT ESTABLISHING ZONING REGULATIONS FOR CANNABIS BUSINESSES. (STAFF REPORT NO. 152) Council Member Hayford Oleary presented Staff Report 152. Council Member Hayford Oleary discussed that he is glad at the place they landed on the decision. Mayor Supple noted that she was pleased with the amount of feedback they got from different community members. M/Hayford Oleary, S/Trautmann to approve the second reading of an ordinance amendment establishing zoning regulations for cannabis businesses and adopt a resolution authorizing summary publications of said ordinance. BILL NO. 2024-12 AN ORDINANCE AMENDMENT MODIFYING VARIOUS SECTIONS OF THE ZONING CODE IN RELATION TO BREWERIES AND CANNABIS. RESOLUTION NO. 12263 RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE MODIFYING VARIOUS SECTIONS OF THE ZONING CODE IN RELATION TO CANNABIS BUSINESSES. BILL NO. 2024-12 AN ORDINANCE AMENDING THE RICHFIELD ZONING CODE IN RELATION TO CANNABIS. Motion carried: 5-0 ITEM #8 CONSIDER THE SECOND READING OF AN ORDINANCE AMENDING CITY CODE SECTION 427— WETLAND PROTECTION—TO ADD NEW BUFFER REQUIREMENTS COMPLIANT WITH THE MINNEHAHA CREEK WATERSHED DISTRICT (MCWD) WETLAND PROTECTION RULE AND CLARIFY THE DECISION-MAKING AND APPEALS PROCESS FOR WETLAND CONSERVATION ACT DECISIONS, AND APPROVAL OF A RESOLUTION AUTHORIZING SUMMARY PUBLICATION. (STAFF REPORT NO. 153) Council Member Whalen presented Staff Report 153. Mayor Supple thanked the water resources department for their work on this item. M/Whalen, S/Hayford Oleary to approve the second reading of an ordinance amending City code section 427 Wetland protection to add new buffer requirements compliant with the Minnehaha Creek Watershed district Wetland protection rule and clarify the decision-making and appeals process for Wetland Conservation Act decisions, and adopt a resolution authorizing summary publication. City Council Meeting Minutes -5- October 22, 2024 BILL NO. 2024-10 AN ORDINANCE AMENDING CHAPTER IV OF THE RICHFIELD CODE OF ORDINANCES PERTAINING WETLAND PROTECTION. RESOLUTION NO. 12264 RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE UPDATING WETLAND PROTECTION AMENDING SECTION 427 OF THE CITY CODE. BILL NO. 2024-10 AN ORDINANCE AMENDING SECTION 427 OF THE CITY CODE. Motion carried: 5-0 ITEM #9 CONSIDER THE SECOND READING OF AN ORDINANCE AMENDING CITY CODE SECTIONS 428, 429 AND 620 PERTAINING TO EROSION AND SEDIMENTATION CONTROL, WATER RESOURCE MANAGEMENT AND WELL DRILLING, AND APPROVAL OF A RESOLUTION AUTHORIZING SUMMARY PUBLICATION. (STAFF REPORT NO. 154) Council Member Trautmann presented Staff Report 154. M/Trautmann, S/Whalen to approve the second reading of an ordinance amending the City code sections 428, 429, and 620 pertaining to erosion and sedimentation control, water resource management and well drilling, and adopt a resolution authorizing summary publications. BILL NO. 2024-11 AN ORDINANCE AMENDING CHAPTERS IV - VI OF THE RICHFIELD CODE OF ORDINANCES PERTAINING EROSION AND SEDIMENTATION CONTROL, WATER RESOURCE MANAGEMENT AND WELL DRILLING. RESOLUTION NO. 12265 RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE UPDATING EROSION AND SEDIMENTATION CONTROL REGULATIONS, WATER RESOURCE MANAGEMENT REGULATIONS, AND WELL DRILLING REGULATIONS, AMENDING SECTIONS 428, 429, AND 620 OF THE CITY CODE. BILL NO. 2024-11 AN ORDINANCE AMENDING SECTIONS 428, 429, AND 620 OF THE CITY CODE. Motion carried: 5-0 ITEM #10 CITY MANAGER’S REPORT City Manager Rodriguez introduced the new administrative assistant, Mark McKinley. ITEM #11 CLAIMS AND PAYROLL M/Whalen, S/Christensen that the following claims and payrolls be approved: City Council Meeting Minutes -6- October 22, 2024 U.S. BANK 10/17/2024 A/P Checks 331943 – 332301 $1,240,068.83 Payroll: 191557-191883 and 44031- 44036* $1,022,187.17 TOTAL $2,262,256.00 Motion carried: 5-0 ITEM #12 HATS OFF TO HOMETOWN HITS Council Member Christensen noted the last outdoor farmers market will take place on the weekend of October 26, 2024. Council Member Whalen shared that there have been many Halloween events this month. He thanked the many local organizations involved in these events. He noted that there are two weeks left to vote. Council Member Hayford Oleary discussed that it is great that so many residents have voted early. He also got the opportunity to participate in many senior events this week. Council Member Trautmann had nothing to share. Mayor Supple shared that Commission applications are open until the end of October for adult and youth positions. ITEM #13 ADJOURNMENT M/Trautmann, S/Whalen to adjourn the meeting at 7:36 p.m. Motion carried: 5-0 Date Approved: November 12, 2024 Mary B. Supple Mayor Michelle Friedrich Katie Rodriguez City Clerk City Manager Proclamation of the City of Richfield WHEREAS, the City of Richfield celebrates our local small businesses and the contributions they make to the local economy and community; and WHEREAS, the Small Business Administration, as well as other public and private organizations have endorsed the Saturday after Thanksgiving as Small Business Saturday; and WHEREAS, the City of Richfield has partnered with Hennepin County to support Small Business Saturday with the multijurisdictional Love Local campaign which encourages residents to support local, independently owned businesses and the business districts that create jobs, boost the economy, and make our community vibrant and livable. NOW, THEREFORE, I, Mary Supple, Mayor of the City of Richfield, on behalf of the Richfield City Council, do hereby proclaim Saturday, November 30, 2024, as Small Business Saturday in the City of Richfield and urge the residents of our community to support small businesses and merchants on Small Business Saturday and throughout the year. PROCLAIMED this 12th day of November 2024. Mary B. Supple, Mayor AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #6.A. STAFF REPORT NO. 155 CITY COUNCIL MEETING 11/12/2024 REPORT PREPARED BY:Karl Huemiller, Recreation Services Director DEPARTMENT DIRECTOR REVIEW:Karl Huemiller, Recreation Services Director 10/29/2024 OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: Katie Rodriguez, City Manager 11/6/2024 ITEM FOR COUNCIL CONSIDERATION: Consider approval of the Ice time rental agreement between the City of Richfield and Minneapolis Hockey Association for the next five years. EXECUTIVE SUMMARY: The Richfield Ice Arena has been receiving an increased number of requests for ice time from hockey associations around the south metro. Over the next two to three years these requests will increase with the renovations of Edina’s Braemar Arena and Bloomington’s Ice Garden. To maximize ice arena revenue along with the benefit to Richfield in general and provide an equal opportunity for all interested organizations, staff solicited proposals for the use of ice time at the Richfield Ice Arena. Proposals were required to guarantee a minimum of: 500 hours of ice time usage between October 1 and March 31 of each hockey season 2 weekend tournaments per year Describe how they would benefit the growth of the sport of hockey in Richfield Provide a yearly $20,000 donation to the Richfield Ice Arena The Solicitation was sent to multiple metro hockey associations as well as surrounding cities. Two proposals were received. The Minneapolis Hockey Association submitted the highest-scoring proposal. The proposal met and exceeded the minimum requirements, including: 500 hours of ice time usage starting at $117,500 per season and increasing by 3.4-3% each year $25,000 yearly donation Four annual “Try Hockey for Free”, “Learn to Skate” or similar events for Richfield residents Organizing a yearly hockey equipment swap at the Richfield Ice Arena RECOMMENDED ACTION: By Motion: Authorize the Mayor and City Manager to finalize and execute the ice time rental agreement between the City of Richfield and the Minneapolis Hockey Association. BASIS OF RECOMMENDATION: A.HISTORICAL CONTEXT Richfield Ice Arena The Richfield Ice Arena is a two sheet facility that's home to Holy Angels High School hockey, Southwest Christian/Richfield High school hockey, Adult Hockey Association, Richfield Curling Club, and many AAA hockey programs. The Richfield Ice Arena hosts over 14 tournaments a year and two high level figure skating competitions. About the Minneapolis Hockey Association; The Minneapolis Hockey Association was formed in 1913. They merged with Minneapolis Washburn and Minneapolis Southwest in 2009. The have over 800 participants in their program this year. They have 40 teams in their association this year. They host two tournaments per year. The vast majority of their ice rentals are currently are at Minneapolis Park and Recreation Board ice arenas. They are currently unable to add more members due to lack of ice availability. B.EQUITABLE OR STRATEGIC CONSIDERATIONS OR IMPACTS Equity: This agreement is a step towards making hockey more accessible in the City of Richfield. The Little Spartans program provides free hockey "try-it" days and scholarships for participating in the Little Spartans hockey program. This agreement with the Minneapolis Hockey Association will add to that, increasing access to affordable introductory opportunities that will help to grow the sport of hockey. Strategic: Having long term ice usage agreements reduces the cost of scheduling ice time and provides a stable source of ice arena revenue. The additional donation included in this agreement will help with ongoing maintenance costs associated with the ice arena. C.POLICIES (resolutions, ordinances, regulations, statutes, exc): Contracts require Council approval. D.CRITICAL TIMING ISSUES: The Minneapolis Hockey Association season started on October 1st. E.FINANCIAL IMPACT: Minneapolis Hockey association will give the Richfield Ice Arena a $25,000 donation on a yearly basis. They will also rent more weekday morning hours, that are typically hard to sell. Minneapolis Hockey Association will also host a minimum of two tournaments per year at our facility. This helps with concession revenue and brings in non residents to our city. F.LEGAL CONSIDERATION: The City Attorney has reviewed and prepared the agreement. ALTERNATIVE RECOMMENDATION(S): Delay or reject approval of the ice time rental agreement. PRINCIPAL PARTIES EXPECTED AT MEETING: Recreation Director, Veterans Park Facility Manager/Programer, and member from Minneapolis Hockey Association. ATTACHMENTS: Description Type Icetime Contract Cover Memo Minneapolis Contract Proposal Cover Memo 1 CITY OF Richfield Richfield Ice Arena RENTAL AGREEMENT This RENTAL AGREEMENT made this 1st day of October, 2024, by and between MINNEAPOLIS HOCKEY ASSOCIATION , a Minnesota nonprofit corporation, and the CITY OF RICHFIELD (the a Minnesota municipal corporation. RECITALS A. The City is the owner and manager of the Richfield Ice Arena, located at 636 East 66th Street in the City Arena for events open to the public. B. User desires to use portions of the Ice Arena subject to the terms and conditions of this Agreement and all applicable laws and regulations. NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions contained herein, the parties mutually agree as follows: 1. TERM. The City hereby permits User the use of the Ice Arena and facilities incidental thereto for the period of five years, during the Ice Season, which is defined as encompassing October 1st through and including March 31st. The first Ice Season subject to this Agreement is from October 1, 2024 through March 31, 2025 and the following Ice Seasons are listed below. The Agreement shall terminate on April 1, 2029 unless terminated early as provided in the Agreement. Ice Seasons October 1, 2025 through March 31, 2026 October 1 2026 through March 31, 2027 October 1, 2027 through March 31, 2028 October 1, 2028 through March 31, 2029 2. EARLY TERMINATION. The City may terminate this Agreement early with 180 days advanced written notice to the User. 3. SCHEDULE. 3.1 User shall use the Ice Arena during the Ice Seasons for the term of the Agreement pursuant to the weekly schedule attached hereto as Exhibit A . The Schedule may be updated in May of each year that the Agreement is in effect by mutual agreement of the parties. 3.2 User shall provide the following information to the City prior to the commencement of each Ice Season: (a) Names and dates of all hockey tournaments to be held by User at the Ice Arena pursuant to this Agreement RC160\7\970442.v4 2 (b) The participating age group(s) and anticipated player attendance for the Tournaments; and (c) The anticipated percentage of attendees at the Tournaments from out- of-state. 4. GUARANTEE. User agrees to rent a minimum of 500 hours of ice time at the Ice Arena each Ice Season that the Agreement is in effect, provided the hours are within the times listed in Exhibit A. 5. FACILITIES. User will have exclusive use of ice sheet(s) as well as four dressing rooms during the times scheduled. The City will maintain and clean the ice rink. The common areas of the Ice Arena shall be open to the public at all times. User will have shared use of the common areas and may not prohibit use by other patrons. 6. PAYMENTS. 6.1 The City shall bill User on a monthly basis for hourly use of the Ice Arena from the prior month. User shall be billed at the hourly rates per year set forth below. Payments shall be due within 15 days of receipt of each invoice. A finance charge of 1.5% shall be added to any invoices not paid within 20 days. Annual Hourly Ice-Time Rate 2024 -- $235/hour 2025-- $243/hour 2026 -- $251/hour 2027 -- $259/hour 2028 -- $267/hour 6.2 Beginning October 1, 2024 and continuing annually on October 1 for the term of the Agreement, User shall pay the City $25,000 to support maintenance and capital improvement projects related to the Ice Arena . The Maintenance Fee is in addition to the hourly rental fees detailed in Section 5.1 hereof. The City may use the funds received from the Maintenance Fee as they see fit. 7. SERVICES. Notwithstanding any other provision of this Agreement, the parties may separately agree for the provision of additional services, personnel, and staffing as needed. 8. RULES AND REGULATIONS. User hereby agrees that it and its members using the Ice Arena will abide by all rules and regulations adopted by the City, and as amended from time to time, for use of the Ice Arena. 9. USER MAINTENANCE. User shall be responsible for cleanup of the Ice Arena and its facilities following each use of the Ice Arena, including the pickup and proper disposal of all trash, litter and other debris left in the Ice Arena s, invitees, and others utilizing the Ice Arena Arena. RC160\7\970442.v4 3 10. DAMAGE TO ICE ARENA. User shall be liable to the City for any loss or damage to the Ice Arena or its facilities occasioned by, or in connection with the use of the Ice Arena by the User or User's members, guests, or invitees. 11. INDEMNIFICATION. User agrees to hold the City and its officers, agents, and employees harmless and defend and indemnify the City against any claims related to use of the Ice Arena by User, its agents, employees, volunteers, subcontractors, guests or invitees. User further agrees to defend, indemnify and hold the City, its officers, agents, and employees harmless from any liability, claims, damages, costs, judgments, or occasioned by or arising in connection with the use of the Ice Arena by User or User's agents, employees, volunteers, subcontractors, guests or invitees, including any and all claims for bodily injury or death or property loss or damage sustained as a result of use of the Ice Arena by User or User's agents, employees, volunteers, subcontractors, guests or invitees. 12. INSURANCE. User is required to obtain commercial general liability insurance in a minimum amount of $1,500,000 per occurrence; $2,000,000 annual aggregate. The City shall be named as an additional insured under the policy and User shall provide proof of such insurance upon execution of this Agreement. User shall also maintain and provide proof of the statutorily required insurance, or alternately, User represents that it does not have any employees or other individuals covered by this Agreement for which User would be obligated to provide workers compensation coverage. User shall not cancel or amend said insurance policies without providing written notice to the City. 13. CANCELLATION OR RESCHEDULING. 13.1 BY USER: User shall notify Ice Arena Management of any cancellation of any ice time in the Schedule by no later than 30 days before the scheduled ice time. Except as otherwise provided herein, all ice time set forth on the Schedule must be paid for by User whether or not the Ice Arena is actually used by User. 13.2 BY CITY: The City reserves the right to: a) cancel this Agreement for any default or breach of this Agreement by User or its members; and b) reschedule the dates of the Ice Season or times of use by User provided under the Schedule, if the City deems necessary. In the event of a mechanical or other failure of the Ice Arena equipment or facilities, the City will notify User as soon as possible. The City will reimburse fees paid by the User for any time scheduled under this Agreement which makes the Ice Arena unavailable to User as a result of such failures. The City shall not be responsible for any damages suffered by User as a result of any cancellation. 14. DISTRIBUTION OF AGREEMENT AND RULES. Prior to using the Ice Arena pursuant to this Agreement, User shall make available a copy of the Ice Arena rules and regulations to User's members. RC160\7\970442.v4 4 15. AGENT AUTHORITY. User certifies that s/he is User or an agent for User and is authorized to execute this Agreement and accept the responsibility for observance of the rules and regulations of the City. 16. ASSIGNMENT. User shall not assign this Agreement, or any interest arising herein, without the express written consent of the City. This provision shall be interpreted as prohibiting User from allowing any other user, vendor, or person to use the Ice Arena and facilities incidental thereto. 17. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein, and this Agreement supersedes all prior agreements and negotiations between the parties relating to the subject matter herein as well as any previous agreements presently in effect between the parties relating to the subject matter contained herein. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 18. WAIVER. Any waiver by either party of a breach of any provision of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 19. MISCELLANEOUS. 19.1 Additional Fees. The City reserves the right to charge User supplemental fees in addition to those detailed in Section 5 hereof for equipment rental, the use of additional locker rooms, additional ice maintenance, and additional clean up expenses. 19.2 Sale of Food and Beverages. The City has the exclusive right to operate concession sales at the Ice Arena for the sale of food and beverages, including food and beverages dispensed from vending machines. The City shall not participate in Arena. 19.3 Advertising. User shall be allowed to install one banner and one in-ice logo in the Ice Arena during the term of the Agreement to advertise their organization. No additional advertising by User in or on any part of the Ice Arena is permitted without the express written consent of the City. 19.4 Parking Lot Usage. User will have shared use of the parking lot on a first come, first served basis and may not prohibit use by other patrons. 19.5 Alcohol. Alcohol is not allowed on the premises of the Ice Arena. 20. NOTICE. All notices required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if delivered in person or deposited in the United States Mail, postage prepaid, as follows: RC160\7\970442.v4 5 If to the City, to: Kris Weiby Recreation Facilities Manager City of Richfield 636 East 66th Street Richfield, MN 55423 If to User, to: Minneapolis Youth Hockey Association 413 West 60th Street Minneapolis, MN 55423 21. ACKNOWLEDGEMENT OF CONCUSSION AWARENESS OBLIGATIONS. User acknowledges that it has obligations under Minnesota state law to inform and educate coaches, officials, youth athletes, and their parents or guardians about concussions. These obligations include, but are not limited to, making information about the nature and risks of concussions accessible to all participating coaches, officials, youth athletes, and their parents or guardians and requiring that all participating coaches and officials receive periodic online training consistent with the standards set forth in Minnesota Statute and by the Centers for Disease Control. By signing this form and using these facilities, the undersigned acknowledges that it is subject to the responsibilities existing under Minnesota Statutes and verifies that all coaches, officials, youth athletes, and their parents or guardians have complied with the mandated policies prescribed by Minnesota Statute Sections 121A.37 and 121A.38. 22. GROWING RICHFIELD HOCKEY. As part of this Agreement, User agrees to use their best faith efforts to accomplish the following: 22.1 Plan and execute no less than four annual Try Hockey for Free, Little Wild, Learn to Skate and/or similar events, targeted at City residents. If total enrollment is too low, the City and User may agree to open these events to residents from other cities. 22.2 Plan and execute an annual hockey equipment swap at the Ice Arena that is open to the public. 22.3 Establish a relationship with the Richfield Public Schools and execute a school flyer campaign aimed at attracting City residents to hockey. RC160\7\970442.v4 6 By signing this Agreement, the parties acknowledge that they have read, understand, and agreed to abide by all its conditions as stipulated: TITLE OF USERS CITY OF Richfield By: ____________________________ ___________________________________ Katie Rodriguez, City Manager Its: __MHA President______________ Date: ______________________________ Tax ID Number___________________ Address_________________________ Phone___________________________ Date____________________________ ___________________________________ Mary B. Supple, Mayor Date: ______________________________ RC160\7\970442.v4 7 EXHIBIT A AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #6.B. STAFF REPORT NO. 156 CITY COUNCIL MEETING 11/12/2024 REPORT PREPARED BY:Jennifer Anderson, Support Services Manager DEPARTMENT DIRECTOR REVIEW:Jay Henthorne, Director of Public Safety/Chief of Police 11/5/2024 OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: Katie Rodriguez, City Manager 11/7/2024 ITEM FOR COUNCIL CONSIDERATION: Consider approval of the first reading of a new ordinance regarding registration of cannabis and hemp businesses and related regulations. EXECUTIVE SUMMARY: In 2023, the Minnesota Legislature legalized adult-use cannabis. The State's recently established Office of Cannabis Management (OCM) is responsible for overseeing this new industry through the implementation of a still-developing regulatory framework that will include both cannabis and hemp derived products. Because the city's moratorium on cannabis sales will expire on January 1, 2025, the city has developed an ordinance relating to registration and renewal for cannabis and hemp related businesses. Licensing by the OCM is expected to begin in 2025. RECOMMENDED ACTION: By Motion: Approve the first reading of a new ordinance regarding registration of cannabis and hemp businesses and related regulations. BASIS OF RECOMMENDATION: A.HISTORICAL CONTEXT The Minnesota Legislature legalized adult use cannabis in 2023 and made modifications to the law in 2024. The OCM is currently in the process of drafting administrative rules; therefore, some details may change slightly after this ordinance is adopted, and ordinance updates may be required as the industry becomes established. Cities may not prohibit the possession, transportation, or use of cannabis flower, cannabis products, or lower-potency hemp derived consumer products. Local governments may adopt reasonable restrictions on the time, place and manner of the operation of a cannabis business provided that such restrictions don't prohibit the establishment or operation of a cannabis business. B.EQUITABLE OR STRATEGIC CONSIDERATIONS OR IMPACTS The Office of Cannabis Management’s Division of Social Equity is charged with engaging with the community and administering grants to communities that experienced a disproportionate, negative impact from cannabis prohibition and cannabis use. OCM's Social Equity division staff will promote economic development, improve social determinants of health, provide services to prevent violence, support early intervention programs for youth and families, and promote community stability and safety. In terms of cannabis licensing, the OCM implemented an early licensing option for social equity applicants and are currently reviewing those applications now. C.POLICIES (resolutions, ordinances, regulations, statutes, exc): The approval of this proposed ordinance completes the policy process for cannabis zoning and registration requirements set forth by the OCM. Highlights of this proposed ordinance include: Process for pre-licensure certification ensuring zoning requirements are met. Approves three dispensaries based on requirement of one dispensary per 12,500 people. Municipal dispensaries are exempt from this calculation. Registration application process flow and approvals in place Registration denial and enforcement/penalties process in place Compliance check process in place requiring at minimum, one check a year in addition to a pre-license check. Proposed hours of operation for cannabis businesses largely mirror Richfield liquor store hours with minor variations. The proposed hours would not apply to low-potency hemp retailers. Related to liquor, and to stay consistent with recent cannabis zoning changes, there a updates to liquor definitions. D.CRITICAL TIMING ISSUES: Transitory Ordinance 19-30 authorizing a study and imposing a moratorium on the operation of cannabis businesses with the city of Richfield will expire on January 1, 2025. E.FINANCIAL IMPACT: With the issuance of cannabis licenses from the OCM beginning sometime in 2025, cities may collect a registration and renewal fee from licensed businesses. These fees are set by state statute and are modest in comparison to liquor license fees. Additionally, effective July 1, 2023, Minnesota Statute 477A.31 establishes a local government cannabis aid account. The State will certify the balance of the local government cannabis aid account annually beginning July 15, 2024. OCM will certify the number of cannabis dispensaries disaggregated by county and city beginning June 1, 2024. Beginning for aid payable in 2024, the amount available for aid to cities equals 50 percent of the amount certified in that year. The aid to each city will be distributed proportionally according to the number of cannabis businesses in the city. Payments must be paid on December 26 annually. Staff estimates these funds to be modest and propose the funds be used to help cover the cost of mandatory compliance checks within all cannabis and low-potency hemp retailers. F.LEGAL CONSIDERATION: The City Attorney has reviewed the proposed ordinance and approves of its contents. ALTERNATIVE RECOMMENDATION(S): The City Council could choose to not approve the first reading of the proposed ordinance and direct staff on how to proceed. PRINCIPAL PARTIES EXPECTED AT MEETING: ATTACHMENTS: Description Type Proposed Cannabis Registration ordinance Cover Memo 1 RC145\760\981217.v8 Bill No. _____ AN ORDINANCE ADDING A NEW SECTION 1198 TO THE RICHFIELD CODE OF ORDINANCES REGARDING REGISTRATION OF CANNABIS AND HEMP BUSINESSES AND RELATED REGULATIONS AND REVISING CERTAIN DEFINITIONS IN THE LIQUOR CODE THE CITY OF RICHFIELD DOES ORDAIN: Section 1: Chapter XI of the Richfield Code of Ordinances is amended to add a new Section 1198 as follows: SECTION 1198. - CANNABIS AND HEMP BUSINESS REGULATIONS 1198.01. - Purpose and Findings. The City of Richfield makes the following legislative findings: The purpose of this section is to protect the public health, safety, and welfare in the City by implementing regulations pursuant to Minnesota Statutes, chapter 342 related to cannabis and hemp businesses within the City. The City finds and concludes that these regulations are appropriate and lawful and are in the public interest and for the public good. 1198.03. – Definitions. Subdivision 1. For the purposes of this section, the terms defined in this subsection have the following meanings given them: Subd. 2. Applicant. “Applicant” means an entity with a license issued by the OCM that is applying for an initial registration or for registration renewal. Subd. 3. The Act. “The Act” means Minnesota Statutes, Chapter 342, as it may be amended from time to time. Subd. 4. Cannabis Business. “Cannabis Business” shall have the definition in Minnesota Statutes Section 342.01. Subd. 5. Cannabis Retailer. “Cannabis Retailer” means every retail cannabis business that is licensed under the Act and required to register with the City under Minnesota Statutes, section 342.22. Subd. 6. Hemp Business. “Hemp Business” shall have the definition in Minnesota Statutes Section 342.01. 2 RC145\760\981217.v8 Subd. 7. Lower-Potency Hemp Retailer. “Lower-Potency Hemp Retailer” means every lower-potency hemp edible retail business that is licensed under the Act and required to register with the City under Minnesota Statutes, section 342.22. Subd. 8. Medical Cannabis Combination Business. “Medical Cannabis Combination Business” means a business licensed under Minnesota Statutes, section 342.515. Subd. 9. OCM. “OCM” means the Office of Cannabis Management. Subd. 10. Potential Licensee. “Potential Licensee” means an applicant that has not received a license from the OCM. 1198.05. – Pre-License Certification of Cannabis Businesses. Subdivision 1. The Community Development Director, or their designee, is authorized to certify whether a proposed Cannabis Business complies with the City’s zoning ordinances and if applicable, with state fire code and building code pursuant to Minnesota Statutes, section 342.13. Subd. 2. Potential licensees are responsible for making all necessary zoning applications prior to the City receiving the request for certification from the OCM. If a potential licensee fails to obtain necessary zoning approvals prior to the City receiving a request for certification, the City will inform the OCM that the potential licensee does not meet zoning and land use laws. If, at the time the City receives a request for zoning certification, there are no further intended alteration to the building where the business is to be conducted, the City will also certify compliance with building and fire code regulations, provided that the potential licensee has obtained inspections prior to the City’s receipt of a request for certification from the OCM. Building and fire code inspections will be valid for 1 year from completion. 1198.07. – Registration of Retailers. Retail Registration Required. Before making retail sales to customers or patients, all Cannabis Retailers and Lower-Potency Hemp Retailers must register with the City. Making retail sales to customers or patients without an active registration is prohibited. 1198.09. – Cannabis Retailer Registration Limits. Subdivision 1. Cap on number of Cannabis Retailer registrations: The City will issue one registration per 12,500 residents in the City. Registrations issued to businesses with a license preapproval will count toward the City’s registration limit. 3 RC145\760\981217.v8 Subd. 2. Calculation. The number of registrations available will be calculated by dividing the state demographer’s estimate of the City’s population by 12,500 and rounding up to the nearest whole number. The City will update the number of registrations available based on the most recent data available from the state demographer on January 1 and June 1 each year. If the number of registrations available within the City decreases because the City’s population decreases below a previous threshold, businesses with current registrations will be allowed to maintain and renew their registrations but no new registration will be issued. Subd. 3. Exceptions. The following businesses are not subject to the cap on registration under subdivision 1 above: (a) Businesses operating under a tribal compact entered into under Minnesota Statutes, Section 3.9224 or 3.9228; (b) Tribally issued licenses and registrations; (c) Lower-Potency Hemp Retailer; (d) Medical cannabis combination businesses; and (e) Municipal cannabis store. 1198.11. – Processing Registration. Subdivision 1. First-come, first-served. Applications for registration will be processed on a first-come, first-served basis based on the City receiving a complete application and payment of all fees. Subd. 2. Complete applications. Applications will be considered complete when all materials in subsection 1198.13 are received by the City and include all required information. Subd. 3. Date of pre-licensing certification. The date a pre-licensing certification under subsection 1198.05 is issued will have no impact on the applicant’s registration processing and is not an indication that the cap on registrations has not been met. 1198.13. – Application for Registration. Subdivision 1. Application. All applicants for initial registration or renewal registration must submit a registration application provided by the City. The form may be amended from time to time by the City, but must include or be accompanied by: 4 RC145\760\981217.v8 (a) Name of the property owner; (b) Name, address, email address, telephone number, and date of birth of the applicant; (c) Address and parcel ID for the property for which the registration is sought; (d) Certification that the applicant complies with the requirements of this section; (e) The following fees, as established in the City’s fee schedule, at the time of initial application and prior to the City’s consideration of any renewal application: (i) At the time of initial registration: An initial registration fee. The initial registration fee will pay for the costs of registration and the cost of the first year of operation. (ii) The renewal fee for the second year of operation. (iii) At the time of the first annual renewal (prior to the second year of operation), no fee will be due. (iv) At the time of the second annual renewal, and each year thereafter, the renewal fee must be paid prior to the City issuing any renewal registration. (f) A copy of a valid state license or written notice of OCM license preapproval; (g) Acknowledgement that all property taxes and assessments are current at the location where the retail establishment is located. (h) A copy of a current government-issued photo I.D. Subd. 2. Fees nonrefundable. Initial registration fees and renewal registration fees are nonrefundable. 1198.15. – Preliminary Compliance Check. Initial Cannabis Retailer or Lower-Potency Hemp Retailer registration shall not be issued unless, prior to opening for operations following approval of an application for initial registration, the applicant has passed a preliminary compliance check 5 RC145\760\981217.v8 conducted by the City to ensure compliance with this section and any other regulations established pursuant to Minnesota Statutes, section 342.13. 1198.17. – Basis for Denial. Subdivision 1. Basis to Deny Registration. The City shall not issue a registration or renewal for any Cannabis Retailer or Lower-Potency Hemp Retailer if any of the following conditions are true: (a) The applicant has not submitted a complete application. (b) The applicant does not comply with the requirements of this section. (c) The applicant does not comply with applicable zoning and land use regulations. (d) The applicant is found to not comply with the requirements of the Act, this section, the building code, or the fire code at the preliminary compliance check. (e) The maximum number of registrations, pursuant to subsection 1198.09, have been issued by the City. (f) The applicant does not have a valid license from the OCM. (g) The applicant is not current on all property taxes and assessments at the location where the retail establishment is located. 1198.19. – Issuance of Registration or Renewal. The City shall issue the registration or renewal if the applicant meets the requirements of this section, including that none of the reasons for denial in subsection 1198.17 are true. 1198.21. – Registration Nontransferable. A registration is not transferable to another person, entity, or location. 1198. 23. – Enforcement. Subdivision 1. Generally. The City Council may impose a fine or suspend a registration under this section on a finding that the registered business has failed to comply with an applicable statute, regulation, or ordinance, including a violation of this section. 6 RC145\760\981217.v8 Subd. 2. Notice and Right to Hearing. Prior to imposing a fine or suspending any registration under this section, the City shall provide the registered business with written notice of the alleged violations and inform the registered business of its right to a hearing on the alleged violation. Subd. 3. Delivery of Notice. Notice shall be delivered in person or by regular mail to the address of the registered business and shall inform the registered business of its right to a hearing. The notice will indicate that a written response must be submitted within ten (10) days of receipt of the notice, or the right to a hearing will be waived. Subd. 4. Council Hearing. Provided a timely request for a hearing is submitted by the registered business, the City Council will hold a hearing before taking final action to fine or suspend a registration. The City Council shall give due regard to the frequency and seriousness of the violations, the ease with which such violations could have been cured or avoided and good faith efforts to comply and shall issue a decision to fine or suspend the registration only upon written findings. Subd. 5. Council Action. If a timely request for a hearing is not received, the matter shall be submitted to the City Council for imposition of the fine and/or suspension. Subd. 6. Emergency. If, in the discretion of the City’s Public Safety Director, or their designee, a registered business poses an imminent threat to the health or safety of the public, the City may immediately suspend the registration and provide notice of the right to hold a subsequent hearing as prescribed in this subsection. Subd. 7. Reinstatement. The City may reinstate a registration if it determines that the violations have been resolved. The City shall reinstate the registration if the OCM determines the violations have been resolved. Subd. 8. Report to OCM. All enforcement actions under this section will be reported to the OCM. 1198.25. – Penalties. Subdivision 1. Misdemeanor. Any person who violates this section is guilty of a misdemeanor and, upon conviction, is subject to a fine and imprisonment as prescribed by state law. Each day each violation continues or exists, constitutes a separate offense. Subd. 2. Civil Penalty. The City may impose a civil penalty, as authorized by Minnesota Statutes, section 342.22, of up to $2,000 for each violation of this section. 7 RC145\760\981217.v8 Subd. 3. Action Against Business License. Violation of this section shall be grounds for enforcement against any business license issued by the City of Richfield. 1198. 27. – Cannabis Retailer Operating Regulations. Subdivision 1. Compliance Checks. The City shall complete, at a minimum, one compliance check per calendar year of every registered business to assess if the business meets age verification requirements, as required under Minnesota Statutes, section 342.22, subd. 4(b) and this section. Any failures under this section are a basis for enforcement action and must be reported to the OCM. Subd. 2. Hours of Operation. Cannabis businesses are limited to retail sale of cannabis, cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products to between the hours of 10:00 a.m. to 9:00 p.m. Monday through Thursday; 10:00 a.m. to 10:00 p.m. Friday and Saturday; and 10:00 a.m. to 9:00 p.m. on Sunday. Subd. 3. Display of License and Registration. All licenses and registrations must be posted and displayed in plain view of the general public on the premises. 1198.29. – Lower-Potency Hemp Retailer Operating Regulations. Subdivision 1. Compliance Checks. The City shall complete at minimum one compliance check per calendar year of every registered business to assess if the business meets age verification requirements, as required under Minnesota Statutes, section 342.22, subd. 4(b) and this section. Any failures under this section are a basis for enforcement action and must be reported to the OCM. Subd. 2. Display of License and Registration. All licenses and registrations must be posted and displayed in plain view of the general public on the premises. Subd. 3. Hours of Operation. The hours of operation limitations in subsection 1198.27, subd. 2 do not apply to lower-potency hemp retailers. SECTION 2: The following definitions in subsection 1202.01 (Liquor) of the Richfield Code of Ordinances are amended as follows for consistency with zoning regulations: Subd. 3. "Brewer" means a person who manufactures produces malt liquor for sale. 8 RC145\760\981217.v8 Subd. 15. "Micro-brewery" means a facility that produces for sale, distribution, and consumption beer, ale, malt liquor, or other beverages made from malt by fermentation and containing not less than one-half of one percent alcohol by volume, and which possesses the appropriate Federal, State, and Municipal licenses and which produces not more than 3,500 barrels of malt liquor in a calendar year. A micro-brewery may must include a taproom or brewpub. Subd. 16. "Micro-distillery" means a facility that produces Ethyl Alcohol, hydrated oxide or ethyl, spirits of wine, rum, brandy, gin, or other distilled spirits, including all dilutions and mixtures thereof, for non-industrial use in total quantity not to exceed 40,000 gallons in a calendar year. A distillery may must include a cocktail room. SECTION 3: This ordinance is effective on January 1, 2025. Adopted by the City Council of the City of Richfield on this ____ day of ________ 2024. Mary B. Supple, Mayor ATTEST: Michelle Friedrich, City Clerk AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #6.C. STAFF REPORT NO. 157 CITY COUNCIL MEETING 11/12/2024 REPORT PREPARED BY:Jay Henthorne, Director of Public Safety/Chief of Police DEPARTMENT DIRECTOR REVIEW:Jay Henthorne, Director of Public Safety/Chief of Police 11/5/2024 OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: Katie Rodriguez, City Manager 11/5/2024 ITEM FOR COUNCIL CONSIDERATION: Consider approval of the Intensive Comprehensive Peace Officer Education and Training 2025 Grant between the City of Richfield Police Department and the Minnesota Department of Public Safety’s Office of Justice Programs (OJP) to fund non-traditional police officer candidates. EXECUTIVE SUMMARY: The City of Richfield Police Department recently applied for a grant to participate in the Intensive Comprehensive Peace Officer Education and Training 2025 Grant. The program is designed to bring non- traditional candidates into the law enforcement field. RECOMMENDED ACTION: By motion: Approve the Intensive Comprehensive Peace Officer Education and Training 2025 Grant. BASIS OF RECOMMENDATION: A.HISTORICAL CONTEXT Applicants must have a four- or two-year degree from a credited college. Successful candidates will be hired by the City of Richfield Police Department as a Police Trainee. This is a full- time position with insurance, and pension benefits. As a Police Trainee the individuals will attend 35-40 hours a week of college course work at Hennepin Technical College. Upon successful completion of this course work, the Police Trainees will take the Peace Officer Standards and Training (POST) licensing examination. All course fees and equipment are provided and paid for by the City of Richfield Police Department. B.EQUITABLE OR STRATEGIC CONSIDERATIONS OR IMPACTS Strategic Considerations: This grant will help the city to recruit and train additional officers which will helps the city maintain their fully authorized strength. C.POLICIES (resolutions, ordinances, regulations, statutes, exc): Minnesota Department of Public Safety’s Office of Justice Programs (OJP) notified the City of Richfield Police Department that they were selected to receive the 2025 Intensive Comprehensive Peace Officer Education and Training Grant. The City of Richfield Police Department wishes to participate in the Intensive Comprehensive Peace Officer Education and Training 2025 Grant. D.CRITICAL TIMING ISSUES: This agreement must be signed for the Intensive Comprehensive Peace Officer Education and Training 2025 Grant to receive the allotted funding. E.FINANCIAL IMPACT: The total cost of this agreement will not exceed $100,000.00 to be paid by the Minnesota Department of Public Safety’s Office of Justice Programs (OJP). The City of Richfield Police Department has already budgeted the remainder of the funds to cover any additional costs. F.LEGAL CONSIDERATION: ALTERNATIVE RECOMMENDATION(S): The Council could choose to not sign this agreement, which would make this agreement null and void with the Minnesota Department of Public Safety’s Office of Justice Programs (OJP) and the Department would not be able to participate in the grant. PRINCIPAL PARTIES EXPECTED AT MEETING: None ATTACHMENTS: Description Type Agreement Contract/Agreement Grant Contract Agreement Page 1 of 2 DPS Grant Contract Agreement Non-State (rev. March 2024) Minnesota Department of Public Safety (“State”) Office of Justice Programs 445 Minnesota Street, Suite 2300 St. Paul, MN 55101-2139 Grant Program: Intensive Comprehensive Peace Officer Education and Training 2025 Grant Contract Agreement No.: A-ICPOE-2025-RICHFPD-005 Grantee: City of Richfield, Police Department 6700 Portland Ave South Richfield, Minnesota 55423-2560 Grant Contract Agreement Term: Effective Date: 12/1/2024 Expiration Date: 9/30/2025 Grantee’s Authorized Representative: Jay Henthorne, Chief of Police City of Richfield, Police Department 6700 Portland Ave South Richfield, Minnesota 55423 (612) 861-9828 jhenthorne@richfieldmn.gov Grant Contract Agreement Amount: Original Agreement $100,000.00 Matching Requirement $0.00 State’s Authorized Representative: Kristin Lail, Grants Specialist Coordinator Office of Justice Programs 445 Minnesota Street, Suite 2300 St. Paul, MN 55101-2139 (651) 230-3358 Kristin.lail@state.mn.us Federal Funding: CFDA/ALN: None FAIN: N/A State Funding: Minnesota Session Laws of 2023, Chapter 52, Article 2, Section 3, Subdivision 8. Special Conditions: None Under Minn. Stat. § 299A.01, Subd 2 (4) the State is empowered to enter into this grant contract agreement. Term: Per Minn. Stat.§16B.98, Subd. 5, the Grantee must not begin work until this grant contract agreement is fully executed and the State's Authorized Representative has notified the Grantee that work may commence. Per Minn.Stat.§16B.98 Subd. 7, no payments will be made to the Grantee until this grant contract agreement is fully executed. Once this grant contract agreement is fully executed, the Grantee may claim reimbursement for expenditures incurred pursuant to the Payment clause of this grant contract agreement. Reimbursements will only be made for those expenditures made according to the terms of this grant contract agreement. Expiration date is the date shown above or until all obligations have been satisfactorily fulfilled, whichever occurs first. The Grantee, who is not a state employee, will: Perform and accomplish such purposes and activities as specified herein and in the Grantee’s approved Intensive Comprehensive Peace Officer Education and Training 2025 Application [“Application”] which is incorporated by reference into this grant contract agreement and on file with the State at 445 Minnesota Street, Suite 2300, St. Paul, Minnesota 55101-2139. The Grantee shall also comply with all requirements referenced in the Intensive Comprehensive Peace Officer Education and Training 2025 Guidelines and Application which includes the Terms and Conditions and Grant Program Guidelines (https://app.dps.mn.gov/EGrants), which are incorporated by reference into this grant contract agreement. Budget Revisions: The breakdown of costs of the Grantee’s Budget is contained in Exhibit A, which is attached and incorporated into this grant contract agreement. As stated in the Grantee’s Application and Grant Program Guidelines, the Grantee will submit a written change request for any substitution of budget items or any deviation and in accordance with the Grant Program Guidelines. Requests must be approved prior to any expenditure by the Grantee. Matching Requirements: (If applicable.) As stated in the Grantee’s Application, the Grantee certifies that the matching requirement will be met by the Grantee. Grant Contract Agreement Page 2 of 2 DPS Grant Contract Agreement Non-State (rev. March 2024) Payment: As stated in the Grantee’s Application and Grant Program Guidance, the State will promptly pay the Grantee after the Grantee presents an invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services and in accordance with the Grant Program Guidelines. Payment will not be made if the Grantee has not satisfied reporting requirements. Certification Regarding Lobbying: (If applicable.) Grantees receiving federal funds over $100,000.00 must complete and return the Certification Regarding Lobbying form provided by the State to the Grantee. 1. ENCUMBRANCE VERIFICATION 3. STATE AGENCY Individual certifies that funds have been encumbered as required by Minn. Stat. § 16A.15. Signed: _____________________________________________ (with delegated authority) Signed: _____________________________________________ Title: ______________________________________________ Date: _______________________________________________ Date: ______________________________________________ Grant Contract Agreement No./ P.O. No. A-ICPOE-2025-RICHFPD-005 / 3-98932 Project No.(indicate N/A if not applicable): __N/A________ 2. GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant contract agreement on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. Signed: _____________________________________________ Print Name: __________________________________________ Title: _______________________________________________ Date: _______________________________________________ Signed: ______________________________________________ Print Name: __________________________________________ Title: ________________________________________________ Date: ________________________________________________ Signed: ______________________________________________ Print Name: __________________________________________ Distribution: DPS/FAS Title: ________________________________________________ Grantee State’s Authorized Representative Date: ________________________________________________ Intensive Comprehensive Peace Officer Education and Training 2025 EXHIBIT A Organization: Richfield Police Department A-ICPOE-2025-RICHFPD-005 Budget Summary ICPOE: Intensive Comprehensive Peace Officer Education and Training Budget Category Award Personnel Wages for 1 of 2 ICPOET candidates $22,677.60 Wages for 2 of 2 ICPOET candidates $22,677.60 Total $45,355.20 Payroll Taxes and Fringe Fringe benefits for 1 of 2 ICPOET candidates $6,722.40 Fringe benefits for 2 of 2 ICPOET candidates $6,722.40 Total $13,444.80 Travel and Training Training and equipment for 1 of 2 ICPOET candidates $20,600.00 Training and equipment for 2 of 2 ICPOET candidates $20,600.00 Total $41,200.00 Total $100,000.00 Page 1 of 110/11/2024 AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #6.D. STAFF REPORT NO. 158 CITY COUNCIL MEETING 11/12/2024 REPORT PREPARED BY:Michelle Friedrich, City Clerk DEPARTMENT DIRECTOR REVIEW: OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: Katie Rodriguez, City Manager 11/7/2024 ITEM FOR COUNCIL CONSIDERATION: Consider the adoption of a resolution determining the results of the City General Election on Tuesday, November 5, 2024. EXECUTIVE SUMMARY: The General Election was conducted on Tuesday, November 5, 2024. City of Richfield candidates included contests for the office of Council Members Ward 1, Ward 2, and Ward 3, and three City of Richfield referendum questions regarding a City sales and use tax. The unofficial results of the election are attached and the final official abstract report will be provided as soon as it is available. The Richfield City Charter states that the Council shall meet and canvass the election returns at the next regular or Special Council meeting immediately following any regular, primary or special election, but in no event later than the time prescribed by State law, and must make full declaration of the results as soon as possible, and file a statement thereof with the City Clerk. RECOMMENDED ACTION: By Motion: Approve the resolution determining the results of the General Election on Tuesday, November 5, 2024. BASIS OF RECOMMENDATION: A.HISTORICAL CONTEXT This information is contained within the Executive Summary. B.EQUITABLE OR STRATEGIC CONSIDERATIONS OR IMPACTS C.POLICIES (resolutions, ordinances, regulations, statutes, exc): The City Charter provides that the City Council declare the results of the election. Minnesota Statutes Chapter 205 governs the conduct of municipal elections. D.CRITICAL TIMING ISSUES: The City Council must take action by November 12, 2024. E.FINANCIAL IMPACT: There is no financial impact. F.LEGAL CONSIDERATION: Legal review is not required. ALTERNATIVE RECOMMENDATION(S): There are no alternative recommendations. PRINCIPAL PARTIES EXPECTED AT MEETING: None. ATTACHMENTS: Description Type 11-05-2024 Resolution and Abstract of Election Resolution Letter 1 RESOLUTION NO. ______ RESOLUTION DETERMINING RESULTS OF THE GENERAL ELECTION OF THE CITY OF RICHFIELD HELD ON TUESDAY, NOVEMBER 5, 2024 BE IT RESOLVED by the City Council of the City of Richfield that the Council, having received and considered the tally of votes by the election judges of the General Election held November 5, 2024, the results are determined to be as follows: Votes cast for Council Member Ward One: 2,098 3,04360 Votes cast for Council Member Ward Two: Votes cast for Council Member Ward Three: 4,377 149 1,770 2,163 56 Votes cast for Local Sales Tax Question 1: Shall the City of Richfield impose a sales and use tax of one-half of one percent (0.5%) for up to 20 years, to finance up to $45 million plus the cost of interest and of issuing bonds, to build a new community center? Votes cast for Local Sales Tax Question 2: Shall the City of Richfield impose a sales and use tax of one-half of one percent (0.5%) for up to 20 years, to finance up to $9 million plus the cost of interest and of issuing bonds, to enhance and restore facilities at Veterans Park including the outdoor pool, park trails and ice arena? Votes cast for Local Sales Tax Question 3: Shall the City of Richfield impose a sales and use tax of one-half of one percent (0.5%) for up to 20 years, to finance up to $11 million plus the cost of interest and of issuing bonds, to build a new Wood Lake Nature Center building? Brett Stursa Walter Burke Write In Sean Hayford Oleary Write In Emily Antin Rori Coleman-Woods Write In Yes: 11,427 Yes: 12,810 Yes: 12,340 No: 6,839 No: 5,561 No: 6,001 Total number of ballots cast by Richfield voters in this election: 19,408 Attachment A is the complete tabulation of results. 2 BE IT FURTHER RESOLVED that the following list of judges were those certifying returns of said election: Robert Alexander Joyce Anderson Sheldon Anderson Barbara Bauer William Bednar Matthew Bell Valerie G Belton Rosemary Bernau Ana Bivans Rosalie Bjorkman Susan Blumberg Madelyn Boie Linda Boyd James Breitfeller Wanda Breyer Meredith Bruzek Mark C Buffie Mary M Buffie Christie Burke Hazel Burnside Willis Cahill Suzanne Caquelin Amy Carlsted Rebecca Case Sally Cassellius Carrie Chillman William Christophel Mary Clark Margaret Cole Amy Cook Sara Corral Gretchen L Crow Scott Dahlquist Julie Danielson Blue Delliquanti Callmie V. Dennis Amanda C Devine Katrina DeVore Cynthia Dubansky Janel L Dysart Joanne Ehren Dahlquist Mary Elliott Taryn Ellis Debbie Eng Carolyn Engeldinger Brie Ericksson Mary Jo Fadell Denise Famodu Derek T Field Megan Forsmark Gregory Frost Claire Gahler Myriah B. Garvey Arend J Geurink Judith Goebel Jade Goswami Jane Greene Daniel Groepper Rebecca Guarino Bradley H Hanson James Harding Kristin M Harmes Mary Hayden Dennis A. Heidelberg Ruth Hiland Lisa Hintermeister Linda Hinz Dean Hoffman Marilyn Jacobson Thomas M Jensen Henry Jimenez Andy Kahn Amanda K Kaiser James Kaiser Lisa Kampf Janet Karnick Dawn Keaveny Carol Kellett John Kelly Mary Kelly Claire Killian Erica Klein Erica R. Klein Barbara Knoll Nathan X Knox Dora Lane Jeremy Lang Joan Lash Mandee Liberty Anna Lockrem William Lockrem Emily Lodermeier Carol Lowe Ruth Matson Andy May Michele McGee Kristin McWeeny Adri Melander Sandra Menning-Glavan Steven Meschke Kristen Morell Robert Mulcahy Sarah Musgrave Sumner Musolf Carol Nelson Thu T Nguyen Susan Nielsen Zachary Olson Kevin Overson Frank Pafko Paul G Peichel Wayne Peterson Carol Petkoff Joshua Policarpio Heather Polivka Susan W. Poore James Reilly Danni Remer Donald Rhodes Holly Rhodes Thomas Ritchie Samantha Ross Jay E Rossom Richard Rubenstein Jeffrey Rundgren Claire P Ryan Robert Sakkinen Nathan Salazar Michael Sawyer Maureen Scaglia Lynn M Schoonmaker Margaret Schow Anne Schuette Bonnie J Scurry Michael Smith K. Lashel Solberg Erin Springer Ellen M. Stavreff Jay Stevens Virginia Stillwell Robert P. Sullentrop Elaine Swanson Roger Swanson Kristin Swenson Matthew J. Taraldsen Cheryl Thiele Wanda Thompson Cara Thrane Mark Tilc Hayley Tompkins Penelope Tower Mary Jo Tuttle John Twisk Stephanie Vizecky Cynthia Wade Forsgren John Ward Emily Wecker Max Weinberger Bob Wells Amy Yescavage Michael Zazzera 3 Passed by the City Council of the City of Richfield, Minnesota this 12th day of November, 2024. Mary B. Supple, Mayor ATTEST: Michelle Friedrich, City Clerk GENERAL ELECTION November 5, 2024 City of Richfield Unofficial Results for Council Members GENERAL ELECTION November 5, 2024 City of Richfield Unofficial Results for Sales and Use Tax Questions 1, 2, and 3 Abstract of Votes Cast In the Precincts of the City of Richfield State of Minnesota at the State General Election Held Tuesday, November 5, 2024 as compiled from the official returns. ATTACHMENT A Abstract print version 45210, generated 11/7/2024 2:15:58 PM Summary of Totals City of Richfield Tuesday, November 5, 2024 State General Election Number of persons registered as of 7 a.m.21878 Number of persons registered on Election Day 1447 Number of accepted regular, military, and overseas absentee ballots and mail ballots 9158 Number of federal office only absentee ballots 57 Number of presidential absentee ballots 0 Total number of persons voting 19408 Abstract print version 45210, generated 11/7/2024 2:15:58 PM Page 1 of 8 KEY TO PARTY ABBREVIATIONS NP - Nonpartisan Council Member Ward 1 (Richfield) NP Brett Stursa 2098 NP Walter Burk 3043 WI WRITE-IN 60 Council Member Ward 2 (Richfield) NP Sean Hayford Oleary 4377 WI WRITE-IN 149 Council Member Ward 3 (Richfield) NP Emily Antin 1770 NP Rori Coleman-Woods 2163 WI WRITE-IN 56 CITY QUESTION 1 (Richfield) NP YES 11427 NP NO 6839 CITY QUESTION 2 (Richfield) NP YES 12810 NP NO 5561 CITY QUESTION 3 (Richfield) NP YES 12340 NP NO 6001 Summary of Totals City of Richfield Tuesday, November 5, 2024 State General Election Page 2 of 8 Detail of Election Results City of Richfield Tuesday, November 5, 2024 State General Election Precinct Persons Registered as of 7 A.M. Persons Registered on Election Day Total Number of Persons Voting 27 2575 : RICHFIELD W-1 P-01 2902 150 2624 27 2580 : RICHFIELD W-1 P-02 2163 185 1937 27 2585 : RICHFIELD W-1 P-03 2592 149 2403 27 2590 : RICHFIELD W-2 P-04 2719 199 2393 27 2595 : RICHFIELD W-2 P-05 2602 102 2367 27 2600 : RICHFIELD W-2 P-06 2493 135 2151 27 2605 : RICHFIELD W-3 P-07 2586 272 2288 27 2610 : RICHFIELD W-3 P-08 2041 123 1811 27 2615 : RICHFIELD W-3 P-09 1780 132 1434 City of Richfield Total:21878 1447 19408 Page 3 of 8 Detail of Election Results City of Richfield Tuesday, November 5, 2024 State General Election Office Title: Council Member Ward 1 (Richfield) Precinct NP Brett Stursa NP Walter Burk WI WRITE-IN 27 2575 : RICHFIELD W-1 P-01 888 1055 26 27 2580 : RICHFIELD W-1 P-02 495 866 17 27 2585 : RICHFIELD W-1 P-03 715 1122 17 Total:2098 3043 60 Office Title: Council Member Ward 2 (Richfield) Precinct NP Sean Hayford Oleary WI WRITE-IN 27 2590 : RICHFIELD W-2 P-04 1566 47 27 2595 : RICHFIELD W-2 P-05 1480 58 27 2600 : RICHFIELD W-2 P-06 1331 44 Total:4377 149 Office Title: Council Member Ward 3 (Richfield) Precinct NP Emily Antin NP Rori Coleman-Woods WI WRITE-IN 27 2605 : RICHFIELD W-3 P-07 822 757 21 27 2610 : RICHFIELD W-3 P-08 521 804 20 27 2615 : RICHFIELD W-3 P-09 427 602 15 Total:1770 2163 56 Page 4 of 8 Detail of Election Results City of Richfield Tuesday, November 5, 2024 State General Election Office Title: CITY QUESTION 1 (Richfield) Precinct NP YES NP NO 27 2575 : RICHFIELD W-1 P-01 1550 940 27 2580 : RICHFIELD W-1 P-02 1015 796 27 2585 : RICHFIELD W-1 P-03 1589 700 27 2590 : RICHFIELD W-2 P-04 1472 771 27 2595 : RICHFIELD W-2 P-05 1462 768 27 2600 : RICHFIELD W-2 P-06 1302 726 27 2605 : RICHFIELD W-3 P-07 1188 942 27 2610 : RICHFIELD W-3 P-08 1037 675 27 2615 : RICHFIELD W-3 P-09 812 521 Total:11427 6839 Office Title: CITY QUESTION 2 (Richfield) Precinct NP YES NP NO 27 2575 : RICHFIELD W-1 P-01 1724 781 27 2580 : RICHFIELD W-1 P-02 1151 662 27 2585 : RICHFIELD W-1 P-03 1717 592 27 2590 : RICHFIELD W-2 P-04 1672 593 27 2595 : RICHFIELD W-2 P-05 1591 655 27 2600 : RICHFIELD W-2 P-06 1405 626 27 2605 : RICHFIELD W-3 P-07 1460 694 27 2610 : RICHFIELD W-3 P-08 1160 556 27 2615 : RICHFIELD W-3 P-09 930 402 Total:12810 5561 Page 5 of 8 Detail of Election Results City of Richfield Tuesday, November 5, 2024 State General Election Office Title: CITY QUESTION 3 (Richfield) Precinct NP YES NP NO 27 2575 : RICHFIELD W-1 P-01 1690 806 27 2580 : RICHFIELD W-1 P-02 1149 672 27 2585 : RICHFIELD W-1 P-03 1757 554 27 2590 : RICHFIELD W-2 P-04 1580 679 27 2595 : RICHFIELD W-2 P-05 1563 687 27 2600 : RICHFIELD W-2 P-06 1400 627 27 2605 : RICHFIELD W-3 P-07 1290 850 27 2610 : RICHFIELD W-3 P-08 1062 645 27 2615 : RICHFIELD W-3 P-09 849 481 Total:12340 6001 Page 6 of 8 We, the legally constituted county canvassing board, certify that we have herein specified the names of the persons receiving votes and the number of votes received by each office voted on, and have specified the number of votes for and against each question voted on, at the State General Election held on Tuesday, November 5, 2024 As appears by the returns of the election precincts voting in this election, duly returned to, filed, opened, and canvassed, and now remaining on file in the office of the City of Richfield Clerk. Witness our official signature at ________________________________ in _________________________ County this _____________ day of ______________, 2024. ____________________________________________________________________________ Member of canvassing board ____________________________________________________________________________ Member of canvassing board ____________________________________________________________________________ Member of canvassing board ____________________________________________________________________________ Member of canvassing board ____________________________________________________________________________ Member of canvassing board ____________________________________________________________________________ Member of canvassing board ____________________________________________________________________________ Member of canvassing board Page 7 of 8 State of Minnesota City of Richfield I, __________________________________________________, Clerk of the City of Richfield do hereby certify the within and foregoing __________________ pages to be a full and correct copy of the original abstract and return of the votes cast in the City of Richfield State General Election held on Tuesday, November 5, 2024. Witness my hand and official seal of office this ________ day of ________________, 2024. ______________________________________________ Page 8 of 8 AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #6.E. STAFF REPORT NO. 159 CITY COUNCIL MEETING 11/12/2024 REPORT PREPARED BY:Scott Kulzer, Senior Analyst DEPARTMENT DIRECTOR REVIEW:Kristin Asher, Public Works Director 11/4/2024 OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: Katie Rodriguez, City Manager 11/6/2024 ITEM FOR COUNCIL CONSIDERATION: Consider approval of the purchase of two (2) 2025 Aerial Lift Trucks from Altec, Inc., for $389,907.00 plus tax, title, and license fees and authorize the City Manager to approve contract changes under $175,000 without further City Council consideration. EXECUTIVE SUMMARY: The Public Works Department is proposing to purchase two (2) 2025 Aerial Lift Trucks for use by the Lights & Signs and the Forestry crews: 2025 Freightliner M2-106 with a 62.6' working height for Forestry ($192,995); and 2025 Ford F550 with a 45.8' working height for Lights & Signs ($196,912). $450,000 was budgeted in the 2025 Proposed budget for the purchase of this equipment. The two current Aerial Lift Trucks require excessive maintenance effort, are frequently out of service, and are at the end of their useful life: The current Forestry Aerial Lift Truck is 19 years old and had been programmed for replacement in 2024; and The current Lights & Signs Aerial Lift Truck is 16 years old and had been programmed for replacement in 2024. RECOMMENDED ACTION: By Motion: Approve the purchase of two (2) 2025 Aerial Lift Trucks from Altec, Inc., for $389,907.00 plus tax, title, and license fees and authorize the City Manager to approve contract changes under $175,000 without further City Council consideration. BASIS OF RECOMMENDATION: A.HISTORICAL CONTEXT See executive summary. B.EQUITABLE OR STRATEGIC CONSIDERATIONS OR IMPACTS Purchase of these Aerial Lift Trucks will ensure continued delivery of excellent Public Works services to the residents of Richfield and safe equipment and working environment for our Richfield staff. C.POLICIES (resolutions, ordinances, regulations, statutes, exc): The State of Minnesota Cooperative Purchasing Program will be used for the purchase of the new aerial lift trucks. Purchasing supplies, materials, and equipment through a cooperative purchasing program allows the City to purchase items at a lower cost due to the purchasing power of a large group. The City of Richfield currently purchases from four cooperative sources: Hennepin County Cooperative Purchasing Program State of Minnesota Cooperative Purchasing Program National Joint Powers Agreement Cooperative Purchasing Program Houston-Galveston Area Council D.CRITICAL TIMING ISSUES: Public Works continues to face significant challenges sourcing, purchasing, and taking delivery of vehicles in the year in which they are budgeted. Approval of the purchase of these vehicles at the November 12, 2024 City Council meeting will help ensure they are delivered and paid for in early 2025. E.FINANCIAL IMPACT: The purchase of these Aerial Lift Trucks is identified in the 2024R-2025P Central Garage capital outlay budget (61000-7500): High Ranger/Tree Bucket Truck at $450,000. F.LEGAL CONSIDERATION: None ALTERNATIVE RECOMMENDATION(S): None PRINCIPAL PARTIES EXPECTED AT MEETING: None ATTACHMENTS: Description Type Altec Quote Aerial Truck #1 - Forestry Exhibit Altec Quote Aerial Truck #2 - Lights & Signs Exhibit October 11, 2024 Company: City of Richfield Customer Contact: Altec Account Manager: Ryan Scharnott Page 1 of 2 Unit / Body Specifications •Altec model LR8-58RM articulating overcenter aerial device working height: 62.6 ft side reach: 46.4 ft •Pedestal •Single one man, fixed, side mounted fiberglass platform •Platform cover •Platform liner •Tool circuit •Tool circuit system relief pressure to be set to 2250 psi •Secondary stowage system •A-frame primary outriggers with swivel shoes and safety interlock system •A-frame auxiliary outriggers with swivel shoes and safety interlock system •Hydraulic outrigger controls •Reservoir, 30 gallon •Sight gauge for hydraulic reservoir, reservoir mounted •Flatbed, 101 inch L •T-40 transverse box •Cab guard, sheet metal with non-skid surface and expanded metal section •Underride Protection •Rigid style pintle hitch •Retractable ladder step, two rungs, textured flat black, installed at rear •No automatic lower boom stow •Wood outrigger pads •Grab handle installed on top of curbside rear through box compartment •Cone holder •Horizontal storage box, steel •Complete LED FMVSS lighting package •4-Corner strobes, Amber LED •6-Way trailer receptacle, pin type •Electric trailer brake controller •No upper boom out of stow indicator •No lower boom out of stow indicator •Standard altec warranty: one (1) year parts, one (1) year labor, ninety (90) days travel and limited lifetime structural Chassis Specifications •Altec Stock Chassis 2025 M2-106 4x2 Auto Forestry October 11, 2024 Page 2 of 2 Options Price: $189,179 Options: $ Delivery: $3,816 Total: (Excluding Taxes) $192,995 October 15, 2024 Company: City of Richfield Customer Contact: Altec Account Manager: Ryan Scharnott Page 1 of 1 Unit / Body Specifications •Altec model AT41M telescopic articulating aerial device with continuous rotation and ISO-Grip insulating system at boom tip working height: 45.8 ft side reach: 30.1 ft •Pedestal •Single one man platform, 180 degree rotation •Round material handling jib/winch, hydraulically articulating, top mounted •Platform cover •Platform liner •One set of hydraulic tool outlets at the boom tip •Engine start/stop with secondary stowage system •Jib stick, 36 in L, non-extension dependent, non-certified •Modified A-frame primary outriggers with fixed shoes and safety interlock system •Temperature sight gauge •Hydraulic Oil HVI-22 with Dye (Standard) •Small aerial service body with side access step, 29 in L tailshelf •Underride Protection •Combination 2 in ball and rigid pintle hitch •Wood outrigger pads •Complete LED FMVSS lighting package •4-Corner strobes, amber LED •Strobes, amber LED, with brush guard, installed on post at front of body, one (1) each side •6-Way trailer receptacle, pin type •Power distribution module (PDM-6) •Standard altec warranty: one (1) year parts, one (1) year labor, ninety (90) days travel and limited lifetime structural Chassis Specifications •Altec Stock Chassis 2025 F550 4x4 Auto Options Price: $193,276 Options: $ Delivery: $3,636 Total: (Excluding Taxes) $196,912 Lights & Signs AGENDA SECTION:RESOLUTIONS AGENDA ITEM #8. CITY COUNCIL MEETING 11/12/2024 REPORT PREPARED BY:Robin Roland, Finance Consultant DEPARTMENT DIRECTOR REVIEW: OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: Katie Rodriguez 11/7/2024 ITEM FOR COUNCIL CONSIDERATION: Consider a resolution providing for the sale of $10,000,000 General Obligation Sales Tax Revenue Bonds, Series 2024A. EXECUTIVE SUMMARY: The Series 2024A bonds will finance the improvements to the Wood Lake Nature Center Building project. RECOMMENDED ACTION: By Motion: Approve the attached resolution providing for the sale of $10,000,000 General Obligation Sales Tax Revenue Bonds, Series 2024A. BASIS OF RECOMMENDATION: A.HISTORICAL CONTEXT Wood Lake Nature Center Building Wood Lake Nature Center needs a complete rebuild as the current building is 50-years old and falling into disrepair. The new building will be sustainably designed and able to meet the current demands and needs from across the community and region that are placed on the center. Grant funding has been secured: $3 million in Federal funding and $12 million from a State of Minnesota bonding grant. The largest remaining segment of funding would come from G.O. Sales Tax revenue bonds issued in 2024 and 2025, supported by the local sales tax which was approved by Referendum on November 5, 2024. B.EQUITABLE OR STRATEGIC CONSIDERATIONS OR IMPACTS C.POLICIES (resolutions, ordinances, regulations, statutes, exc): Issuance of the G.O. Sales Tax Revenue Bonds of 2024A is supported by Minnesota Statutes, Chapter 475 (General Bonding Authority) and Minnesota Session Laws 2023, Regular Session; Chapter 64-HF No. 1938; Article 10, Section 44. D.CRITICAL TIMING ISSUES: The Wood Lake Nature Center Building project planning has been taking place for the last three years and construction is planned to commence in 2025. The proposed $10,000,000 General Obligation Sales Tax Bonds will allow the construction schedule to stay on track for 2025 and will take advantage of lower interest rates on the debt. E.FINANCIAL IMPACT: Wood Lake Nature Center Building The estimated total cost of the Wood Lake Nature Center project is $26,000,000.. Funding for the project is to be provided by general obligation sales tax revenue bonds, Federal grants and State of Minnesota bond funding. The debt service on the bonds will be provided from local sales tax revenues as approved by the referendum on November 5, 2024. First receipt of those sales tax revenues is anticipated in the 2nd quarter of 2025. The bonds are being issued for a term of 6 years. The bonds are being issued for a 6-year period with the first interest payment on the bonds due in August 2025. Principal payments will begin February 1, 2026. F.LEGAL CONSIDERATION: Legal Counsel has reviewed the Pre-Sale report and the attached resolution. ALTERNATIVE RECOMMENDATION(S): None PRINCIPAL PARTIES EXPECTED AT MEETING: Rebecca Kurtz, Ehlers, Inc. ATTACHMENTS: Description Type Pre-Sale Report 2024A Exhibit Resolution calling for sale of $10,000,000 G.O. Sales Tax Revenue Bonds 2024A Resolution Letter ▪ ▪ ▪ ▪ • • City of Richfield, Minnesota $10,000,000 General Obligation Sales Tax Revenue Bonds, Series 2024A Assumes Current Market BQ AA+ Rates plus 35bps 5 Years Sources & Uses Dated 12/30/2024 | Delivered 12/30/2024 Sources Of Funds Par Amount of Bonds $10,000,000.00 Total Sources $10,000,000.00 Uses Of Funds Total Underwriter's Discount (1.200%)120,000.00 Costs of Issuance 96,000.00 Deposit to Project Fund 9,784,000.00 Total Uses $10,000,000.00 Series 2024A GO Sales Tax | SINGLE PURPOSE | 10/31/2024 | 10:16 AM City of Richfield, Minnesota $10,000,000 General Obligation Sales Tax Revenue Bonds, Series 2024A Assumes Current Market BQ AA+ Rates plus 35bps 5 Years Debt Service Schedule Date Principal Coupon Interest Total P+I Fiscal Total 12/30/2024 ----- 08/01/2025 --188,481.61 188,481.61 - 02/01/2026 2,225,000.00 3.400%160,790.00 2,385,790.00 2,574,271.61 08/01/2026 --122,965.00 122,965.00 - 02/01/2027 1,855,000.00 3.150%122,965.00 1,977,965.00 2,100,930.00 08/01/2027 --93,748.75 93,748.75 - 02/01/2028 1,910,000.00 3.150%93,748.75 2,003,748.75 2,097,497.50 08/01/2028 --63,666.25 63,666.25 - 02/01/2029 1,975,000.00 3.150%63,666.25 2,038,666.25 2,102,332.50 08/01/2029 --32,560.00 32,560.00 - 02/01/2030 2,035,000.00 3.200%32,560.00 2,067,560.00 2,100,120.00 Total $10,000,000.00 -$975,151.61 $10,975,151.61 - Yield Statistics Bond Year Dollars $30,601.11 Average Life 3.060 Years Average Coupon 3.1866543% Net Interest Cost (NIC)3.5787969% True Interest Cost (TIC)3.6087859% Bond Yield for Arbitrage Purposes 3.1862501% All Inclusive Cost (AIC)3.9521077% IRS Form 8038 Net Interest Cost 3.1866543% Weighted Average Maturity 3.060 Years Series 2024A GO Sales Tax | SINGLE PURPOSE | 10/31/2024 | 10:16 AM RC145-770-987262.v2 CITY OF RICHFIELD, MINNESOTA RESOLUTION NO. ______ RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF GENERAL OBLIGATION SALES TAX BONDS, SERIES 2024A, IN THE PROPOSED AGGREGATE PRINCIPAL AMOUNT OF $10,000,000 BE IT RESOLVED By the City Council of the City of Richfield, Minnesota (the “City”) as follows: Section 1. Authorization. It is hereby determined that: (a) The City is authorized to finance the construction of the Wood Lake Nature Center building in the City (the “Project”), among other projects, through the issuance of general obligation bonds in accordance with Minnesota Statutes, Chapter 475, as amended (the “Act”), and Laws of Minnesota 2023, Chapter 64, Article 10, Section 44 (the “Special Law”). (b) The Special Law provided that general obligation bonds may be issued in a principal amount of up to $11,000,000, plus associated bonding costs, for the Project and that the bonds may be paid from or secured by any funds available to the City, including a sales and use tax. (c) On November 5, 2024, a majority of the voters voting in the general election approved the ballot question relating to the imposition of a sales and use tax of one-half of one percent (0.50%) (the “Sales and Use Tax”) for twenty (20) years after first being imposed or when the City Council determines that the amount received from the Sales and Use Tax is sufficient to pay for the costs of the Project and the other projects authorized by the Special Law, whichever comes first. The City Council will approve an ordinance imposing the Sales and Use Tax. (d) It is necessary and expedient to the sound financial management of the affairs of the City to issue its General Obligation Sales Tax Bonds, Series 2024A (the “Bonds”), in the proposed aggregate principal amount of $10,000,000, pursuant to the Act and the Special Law, to finance all or a portion of the costs of the Project. (e) The City is authorized by Section 475.60, subdivision 2(9) of the Act to negotiate the sale of the Bonds, it being determined that the City has retained an independent municipal advisor in connection with such sale. The actions of the City staff and the City’s municipal advisor in negotiating the sale of the Bonds are ratified and confirmed in all respects. Section 2. Sale of Bonds. To provide financing for the Project, the City will therefore issue and sell the Bonds in the proposed aggregate principal amount of $10,000,000. The principal amount of the Bonds is subject to adjustment in accordance with the official Terms of Proposal to be prepared in connection with the offering and the sale of the Bonds. 2 RC145-770-987262.v2 Section 3. Authority of Municipal Advisor. Ehlers and Associates, Inc. (the “Municipal Advisor”) is authorized and directed to negotiate the sale of the Bonds. The City Council will meet on Tuesday, December 10, 2024, or another date selected by City staff, to consider proposals on the Bonds and take any other appropriate action with respect to the Bonds. Section 4. Authority of Bond Counsel. The law firm of Kennedy & Graven, Chartered, as bond counsel for the City (“Bond Counsel”), is authorized to act as bond counsel and to assist in the preparation and review of necessary documents, certificates and instruments relating to the Bonds. The officers, employees and agents of the City are hereby authorized to assist Bond Counsel in the preparation of such documents, certificates, and instruments. Section 5. Covenants. In the resolution awarding the sale of the Bonds, the City Council will set forth the covenants and undertakings required by the Act and the Special Law. Section 6. Official Statement. In connection with the sale of the Bonds, the officers or employees of the City are authorized and directed to cooperate with the Municipal Advisor and participate in the preparation of an official statement for the Bonds and to deliver it on behalf of the City upon its completion. Section 7. Declaration of Official Intent to Reimburse Expenditures. (a) The Internal Revenue Service has issued Treas. Reg. § 1.150-2 (the “Reimbursement Regulations”) providing that proceeds of tax-exempt bonds used to reimburse prior expenditures will not be deemed spent unless certain requirements are met; the City expects to incur certain expenditures with respect to projects that may be financed temporarily from sources other than bonds, and reimbursed from the proceeds of tax-exempt bonds. (b) The City has determined to make a declaration of official intent (the “Declaration”) to reimburse certain costs with respect to the Project from proceeds of the Bonds in accordance with the Reimbursement Regulations. (c) All reimbursed expenditures will be capital expenditures, costs of issuance of the Bonds, or other expenditures eligible for reimbursement under Section 1.150-2(d)(3) of the Reimbursement Regulations. (d) This Declaration has been made not later than sixty (60) days after payment of any original expenditure to be subject to a reimbursement allocation with respect to the proceeds of the Bonds, except for the following expenditures: (a) costs of issuance of bonds; (b) costs in an amount not in excess of $100,000 or five percent (5%) of the proceeds of an issue; or (c) “preliminary expenditures” up to an amount not in excess of twenty percent (20%) of the aggregate issue price of the issue or issues that finance or are reasonably expected by the City to finance the project for which the preliminary expenditures were incurred. The term “preliminary expenditures” includes architectural, engineering, surveying, bond issuance, and similar costs that are incurred prior to commencement of acquisition, construction or rehabilitation of a project, other 3 RC145-770-987262.v2 than land acquisition, site preparation, and similar costs incident to commencement of construction. (e) This Declaration is an expression of the reasonable expectations of the City based on the facts and circumstances known to the City as of the date hereof. The anticipated original expenditures for the Project and the principal amount of the Bonds described herein are consistent with the City’s budgetary and financial circumstances. No sources other than proceeds of the Bonds to be issued by the City are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside pursuant to the City’s budget or financial policies to pay such expenditures. (f) This Declaration is intended to constitute a declaration of official intent for purposes of the Reimbursement Regulations. Passed by the City Council of the City of Richfield, Minnesota this 12th day of November, 2024. Mary B. Supple, Mayor ATTEST: Michelle Friedrich, City Clerk AGENDA SECTION:RESOLUTIONS AGENDA ITEM #9. CITY COUNCIL MEETING 11/12/2024 REPORT PREPARED BY:Jamie Haefner, Human Resources Manager DEPARTMENT DIRECTOR REVIEW:Sack Thongvanh, Assistant City Manager 11/5/2024 OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: Katie Rodriguez, City Manager 11/6/2024 ITEM FOR COUNCIL CONSIDERATION: Consider a resolution approving the contract with the International Association of Firefighters Local 1215 for the contract period January 1, 2024 through December 31, 2025. EXECUTIVE SUMMARY: The recommended settlement provides a cost of living wage adjustment of 3.00% with an additional 3.50% market adjustment, effective the first full pay period of January 2024, and a cost of living wage adjustment of 3.00% with an additional 1.00% market adjustment, effective the first full pay period of January 2025. A high level summary of the other provisions of the tentative agreement include: *An addition of funds to members covered by the agreement for annual wellness screening and exams. *Agreement to the same level of contributions that Management and General Services employees will be receiving in 2024 and 2025 for health and dental insurance coverage. *A $50 increase to clothing and equipment allowance in 2024 to $750 annually, and another $50 increase in 2025 to $800 annually. *An increase to severance pay out of sick time. Employees with under 10 years of service will receive 25% of accumulated sick leave. *Upon hire, new employees will be provided with one hundred and forty-three hours (143) hours of leave in their sick leave bank. During the employee’s first six months, the employee will not accrue any additional sick leave. If the employee terminates employment during the first six months, the employee will not be given severance for any of the remaining leave in their sick bank. After the employee’s first six months are completed, the employee will accrue sick leave at the negotiated rate. *Paid parental leave shall be provided to all firefighters who are in line with the Paid Parental Leave City Policy. Paid leave will be 14 consecutive calendar days beginning on the date of the child’s birth or adoption. *Employees shall receive 312 hours of holiday leave per year. Holiday hours shall be accrued at the rate of 12 hours per biweekly payroll. This includes 24 more hours of Holiday Leave for Juneteenth. *Employees shall be allowed to sell back up to 120 hours of their holiday time during each calendar year. The option to sell back holiday time must be exercised between January 1 to November 15 of each year. *Employees will be provided $40 per month for communication and the use of job-related applications on personal cell phones while on and off duty. RECOMMENDED ACTION: By Motion: Adopt the resolution approving the provisions of the 2024 labor agreement with the International Association of Firefighters Local 1215 bargaining unit and authorize the City Manager to execute the agreement. BASIS OF RECOMMENDATION: A.HISTORICAL CONTEXT Historically, we have provided the same benefits to all City FT staff. We are continuing to follow that practice. Additionally, we have increased uniform allowance each year to accommodate increasing costs. We are increasing time off benefits to better align with the rest of the City. The pay increases also align with what other area Fire departments are providing to staff to help us remain competitive. Last, the addition of the wellness checks also matches what other Fire departments are providing to staff. B.EQUITABLE OR STRATEGIC CONSIDERATIONS OR IMPACTS Implementing these pay strategies helps us better align with the current market to aide in the recruitment and retention of firefighters. C.POLICIES (resolutions, ordinances, regulations, statutes, exc): The City has met and negotiated in good faith with the Union and its representatives and is bound under the Public Employer’s Labor Relations Act to meet and bargain over the terms and conditions of employment. -The proposed settlement for the health and dental insurance provisions is identical to those provided to non- union City employees. The City has a long history of providing the same level of insurance benefits to all eligible City employees. -The wage settlement and health insurance provision is within the range for other comparable bargaining groups in similar metro cities. D.CRITICAL TIMING ISSUES: In order to allow the City’s finance personnel to modify payroll records and catch up for 2024 wages and benefits, it is recommended that the City Council act to adopt the attached resolution providing for contract changes, effective January 1, 2024. E.FINANCIAL IMPACT: The proposed contract's total budget impact for the bargaining unit will be an additional $97,644 for the 2024 Revised Budget and additional $90,177 for the 2025 Proposed Budget. The 2024 increases include market adjustments to wages and monthly cell-phone reimbursements. The 2025 increases are for wages, cell-phone reimbursement, and additional physicals. The City received additional state grant revenue and Fire Aid funding was higher than anticipated. Costs that exceed the 2024 Revised Budget and 2025 Propose Budget not funded by the additional state funding will be supplemented by Public Safety Aid. F.LEGAL CONSIDERATION: If the terms of this agreement are not approved, further negotiation and/or mediation will be necessary. ALTERNATIVE RECOMMENDATION(S): Do not approve the terms of this agreement and prepare for further negotiation and/or mediation. Defer discussion to another date. PRINCIPAL PARTIES EXPECTED AT MEETING: Sack Thongvanh, Assistant City Manager/Administrative Director Jamie Haefner, Human Resource Manager ATTACHMENTS: Description Type Resolution Resolution Letter RESOLUTION NO. RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF), LOCAL 1215 BARGAINING UNIT FOR THE YEAR 2024 AND 2025 WHEREAS, the City Manager and the Richfield Firefighters IAFF Local 1215 have reached an understanding concerning conditions of employment for year 2024 and 2025; and WHEREAS, it would be inappropriate to penalize IAFF Local 1215 members who have negotiated in good faith; and WHEREAS, the City Ordinance requires that contracts between the City and the exclusive representative of the employees in an appropriate bargaining unit shall be completed by Council resolution. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the Labor Agreement between the City of Richfield and IAFF Local 1215 Bargaining Unit for 2024 and 2025, under the provisions of the Labor Agreement to be implemented, effective January 1, 2024 and authorize the City Manager to execute the contract. Adopted by the City Council of the City of Richfield, Minnesota this 12th day of November, 2024. ___________________________________ Mary B. Supple Mayor ATTEST: ______________________________ Michelle Friedrich City Clerk AGENDA SECTION:OTHER BUSINESS AGENDA ITEM #10. CITY COUNCIL MEETING 11/12/2024 REPORT PREPARED BY:Katie Rodriguez, City Manager DEPARTMENT DIRECTOR REVIEW: OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: Katie Rodriguez, City Manager 11/7/2024 ITEM FOR COUNCIL CONSIDERATION: Consider approval of a contract with Fractional Head Start CFO, LLC to provide fractional CFO/Finance Director services and authorize the Mayor and City Manager to execute the contract. EXECUTIVE SUMMARY: The City's current Finance Director is separating at the end of the year. The City recruited for the position but did not find candidates to fulfill the position's needs at this time. The recommendation is to contract with Fractional Head Start CFO to provide the services. The contracted services would be primarily provided by Mary Bogie who has 35+ years experience in the government/public sector in financial leadership and executive roles. The proposal is for Fractional Head Start CFO to provide services for an average of 20 hours per week. The Scope of Services includes: •Financial Planning and Strategy: Provide executive counsel and leadership to develop and implement financial strategies to support the city’s four-year strategic plan, priorities and goals. •Train, develop and support finance staff: Identify strengths and barriers to staff’s abilities to perform their jobs well and advance in their careers. Coach, mentor and create training and development plans for staff. •Budgeting and Forecasting: Provide leadership, prepare and manage city budgets, financial forecasts, capital (financing and debt) and treasury (cash and investments) functions. •General Accounting and Financial Services: Provide direction and support for fiscal services: general ledger accounting, payroll, purchasing, receipts/receivables. •Financial Reporting: Provide direction and support for the monthly, quarterly, and annual financial statements. Coordinate year end processes to finalize accounting records for external audit and the annual comprehensive financial report. •Risk Management: Identity and mitigate financial risks. -Analyze key financial metrics/leading indicators to inform decision making -Periodic internal control review to financial controls in place to ensure compliance with relevant ordinance and standards. -Continuous improvement initiatives. RECOMMENDED ACTION: By Motion: Authorize the Mayor and City Manager to finalize and execute the contract with Fractional Head Start CFO, LLC to provide fractional CFO/Finance Director services. BASIS OF RECOMMENDATION: A.HISTORICAL CONTEXT Due to the tight labor market for finance professionals, the City has utilized contractual services to stabilize the finance functions, improve processes and long-term financial planning. The recommended contract is for more hours than previous contracts for CFO/Finance Director services which should continue recent progress. B.EQUITABLE OR STRATEGIC CONSIDERATIONS OR IMPACTS Equity: Ms. Bogie's past roles included operationalizing equity in finance functions. Strategic Plan: This project best aligns with the strategic plan priority of Operational Excellence by continuing to stabilize and improve finance functions which underpins all City operations. C.POLICIES (resolutions, ordinances, regulations, statutes, exc): D.CRITICAL TIMING ISSUES: The City's current Finance Director is separating at the end of the year. Approving and executing the recommended contract now will allow for a smoother transition. E.FINANCIAL IMPACT: The proposed rates are lower than previous contracts for financial services which allows for additional service hours needed to continue progress. The proposed contract is within the current budget for the Finance Director position. F.LEGAL CONSIDERATION: The contract was reviewed by the City's legal counsel. ALTERNATIVE RECOMMENDATION(S): Reject approving the contract or defer the decision to another meeting, which will delay the transition. PRINCIPAL PARTIES EXPECTED AT MEETING: ATTACHMENTS: Description Type Contract for CFO/Finance Director Services Cover Memo Fractional Head Start CFO LLC Owner Bio Cover Memo 1 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement (this “Agreement”) is made this ___ day of ______________________, _______ by and between the City of Richfield, a Minnesota municipal corporation located at 6700 Portland Ave, Richfield, MN 55423 (the “City”), and Fractional Head Start CFO, LLC, a limited liability corporation organized under the laws of the State of Minnesota and located at 9575 Jennifer Ct, Chisago City, MN 55013–9606 (the “Contractor”). I. SERVICES TO BE PROVIDED. The Contractor will perform for the City the services as specified in its proposal which is incorporated into this Agreement as Exhibit A (the “Proposal”). All professional services provided by the Contractor under this Agreement shall be provided in a manner consistent with the level of care and skill ordinarily exercised by professional consultants currently providing similar services. If any terms, rights, or obligations in the Proposal conflict with the terms, rights, or obligations of this Agreement, the language of the Agreement will be deemed applicable and controlling over the language in the Proposal. II. COST OF SERVICES. For the tasks outlined in the Proposal, the City shall pay the Contractor an hourly fee of $170.00 (the “Professional Fee”). The Professional Fee includes all professional services and all expenses related to the Proposal. The City shall not be responsible for payment for any additional work performed by the Contractor that is not expressly listed on the Proposal or otherwise pre-approved by the City in writing. The Contractor shall submit itemized invoices for the services it provides to the City on a monthly basis. The itemized invoices shall clearly identify all work completed. Invoices submitted will be processed and paid in the same manner as other claims made to the City. III. TERMINATION OF AGREEMENT. Notwithstanding any other provision herein to the contrary, this Agreement may be terminated as follows: (1) the parties, by mutual written agreement, may terminate this Agreement at any time; (2) the Contractor may terminate this Agreement in the event of a breach of the Agreement by the City, upon providing 30 days’ written notice to the City; (3) the City may terminate this Agreement with written notice to Contractor at any time at its option, for any reason or no reason at all. IV. INDEPENDENT CONTRACTOR. All services provided pursuant to this Agreement shall be provided by the Contractor as an independent contractor and not as an employee of the City for any purpose. All officers, employees, subcontractors, and agents of the Contractor, or any other person engaged by the Contractor in the performance of work or services pursuant to this Agreement, shall not be considered employees of the City. All actions which arise as a consequence of any act or omission on the part of the Contractor, its officers, employees, subcontractors, or agents, or other persons engaged by the Contractor in the performance of work or services pursuant to this Agreement, shall not be the obligation or responsibility of the City. The Contractor, its officers, employees, subcontractors, or agents shall not be entitled to any of the rights, privileges, or benefits of the City’s employees, except as otherwise stated herein. 2 V.INDEMNIFICATION. The Contractor, and any and all officers, employees, subcontractors, and agents of the Contractor, or any other person engaged by the Contractor in the performance of work or services pursuant to this Agreement, shall indemnify, defend, and hold harmless the City and its officials, employees, contractors, and agents from any loss, claim, liability, and expense (including reasonable attorneys’ fees and expenses of litigation) arising from, or based in the whole, or in any part, on any negligent act or omission by the Contractor, its officers, employees, subcontractors, and agents, or any other person engaged by the Contractor in the performance of work or services pursuant to this Agreement. In no event shall the City be liable to the Contractor for consequential, incidental, indirect, special, or punitive damages. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which the City is entitled under Minnesota Statutes, Chapter 466 or otherwise. VI.INSURANCE. The Contractor agrees that before any of the services can be performed hereunder, the Contractor shall procure at a minimum: worker’s compensation Insurance as required by Minnesota state law; professional liability in an amount not less than $1,000,000.00 per occurrence and $2,000,000 in the aggregate; and commercial general liability in an amount of not less than $1,000,000.00 per occurrence for bodily injury or death arising out of each occurrence, and $1,000,000.00 per occurrence for property damage. To meet the commercial general liability requirements, the Contractor may use a combination of excess and umbrella coverage. The Contractor shall provide the City with a current certificate of insurance listing the City as an additional insured with respect to the commercial general liability and umbrella or excess liability. Such certificate of liability insurance shall contain a statement that such policies shall not be canceled or amended unless 30 days’ written notice is provided to the City, 10 days’ written notice in the case of non- payment. VII.CONFLICT OF INTEREST. The Contractor shall use best efforts to meet all professional obligations to avoid conflicts of interest and appearances of impropriety. VIII.THIRD PARTY RIGHTS. The Parties to this Agreement do not intend to confer on any third party any rights under this Agreement. IX.NOTICES. Any notices permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the United States mail, first class and postage fully prepaid, and addressed to the addresses above, or at such other address as either party may provide to the other by notice given in accordance with this provision. X.MISCELLANEOUS PROVISIONS. A.Entire Agreement. This Agreement shall constitute the entire agreement between the City and the Contractor, and supersedes any other written or oral agreements between the City and the Contractor. This Agreement can only be modified in writing signed by the City and the Contractor. B.Data Practices Act Compliance. Data provided, produced, or obtained under this Agreement shall be administered in accordance with the Minnesota Government Data 3 Practices Act, Minnesota Statutes Chapter 13. The Contractor will immediately report to the City any requests from third parties for information relating to this Agreement. The Contractor agrees to promptly respond to inquiries from the City concerning data requests. C. Audit. The Contractor must allow the City, or its duly authorized agents, and the state auditor or legislative auditor reasonable access to the Contractor’s books, records, documents, and accounting procedures and practices that are pertinent to all Services provided under this Agreement for a minimum of six years from the termination of this Agreement. D. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of Minnesota. Any disputes, controversies, or claims arising under this Agreement shall be heard in the state or federal courts of Minnesota and the parties waive any objections to jurisdiction. E. No Assignment. This Agreement may not be assigned by either party without the written consent of the other party. F. No Discrimination. The Contractor agrees 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. G. Agreement Not Exclusive. The City retains the right to hire other additional contractors in the City’s sole discretion. H. Severability. The provisions of this Agreement are severable. If any portion of this Agreement is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision will not affect the remaining provisions of the Agreement. I. Waiver. Any waiver by either party of a breach of any provision of this Agreement will not affect, in any respect, the validity of the remainder of this Agreement. J. Compliance with Laws. The Contractor shall exercise due professional care to comply with applicable federal, state, and local laws, statutes, rules, ordinances, and regulations in effect as of the date the Contractor agrees to provide the applicable services detailed in Exhibit A. K. 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. [remainder of page left intentionally blank] 4 IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement as of the date first written above. THE CITY OF RICHFIELD: CONTRACTOR: By: By: Its: Date: Mary B. Supple Mayor Its: Date: By: Its: Date: Katie Rodriguez City Manager RC160\1\983519.v1 Katie Rodriquez City Manager City of Richfield October 7, 2024 Dear Katie, City of Richfield Fractional CFO/Finance Director Proposal Thank you for the opportunity to propose services as your Fractional CFO/Finance Director. This letter outlines my understanding of the nature and scope of the services you are requesting and my proposed fee for services. 1.Scope of Services •Financial Planning and Strategy: Provide executive counsel and leadership to develop and implement financial strategies to support the city’s four-year strategic plan, priorities and goals. •Train, develop and support finance staff: Identify strengths and barriers to staff’s abilities to perform their jobs well and advance in their careers. Coach, mentor and create training and development plans for staff. •Budgeting and Forecasting: Provide leadership, prepare and manage city budgets, financial forecasts, capital (financing and debt) and treasury (cash and investments) functions. •General Accounting and Financial Services: Provide direction and support for fiscal services: general ledger accounting, payroll, purchasing, receipts/receivables. •Financial Reporting: Provide direction and support for the monthly, quarterly, and annual financial statements. Coordinate year end processes to finalize accounting records for external audit and the annual comprehensive financial report. •Risk Management: Identity and mitigate financial risks. Analyze key financial metrics/leading indicators to inform decision making Periodic internal control review to financial controls in place to ensure compliance with relevant ordinance and standards. Continuous improvement initiatives. 2.Client Responsibilities This scope of work is dependent on the city to: •maintain funding for current staffing level and support for staff development needs. •provide access to financial systems, data, and records. •provide access to city and department leadership. 3.Fees and Payment Terms The city expressed a desire for an estimated 20 hours per week on-site with potential for a long-term engagement. We discussed an occasional need for hybrid work as well. My fee for the services outlined above will be $170 per hour and will be billed monthly. I look forward to hearing from you regarding next steps should you decide to move forward with this proposal. Sincerely, Mary Bogie Fractional Head Start CFO, LLC bogiefractionalhs@gmail.com EXHIBIT A MARY L. BOGIE Chisago City, MN 55013 612-998-1693 bogiemp@gmail.com CHIEF FINANCIAL OFFICER | STRATEGIC LEADER | CHIEF ADMINISTRATIVE OFFICER “Excellence in Financial Leadership through Vision, Strategy, and Building Organizational Trust” PROFESSIONAL SUMMARY A strategic Executive with strong accomplishments leading enterprise financial and administrative services. Expertise in financial management, complex capital financing, budget development, and financial reporting. Trusted executive advisor and cross-organizational leader, known as a strong internal and external negotiator. A visionary and engaging leader with a commitment to ongoing team development, coaching, mentoring, and career development. Committed to organizational accountability and ethics. Solid understanding of external influences for financial operations including local governments, public administration, intergovernmental relationships, and market factors. SELECT ACCOMPLISHMENTS: • Set strategic direction and hold statutory responsilibility for developing the Council’s $1B operating budget and $9B capital program. • Successfully secured capital financing for a capital program, including cash flow financing of Federal New Starts Grants for Light Rail Transit Projects (largest public infrastructure projects in Minnesota history). • Through solid investment strategies, fully funded retiree healthcare plan (5,000+ currently eligible). • Successfully transitioned to self-insured medical and dental plan establishing annual premiums and managing risk through plan reserves ($80M annual claims). • Annually awarded ‘Certificate of Achievement for Excellence in Financial Reporting’ by the Government Finance Officers Association for the Annual Comprehensive Financial Report. RELEVANT SKILLS: Strategic Planning and Execution – Executive Leadership - Financial Management - Best Practices - Policy Development - Risk/Insurance Management – Health Care Self Insurance Plan Management – Retiree Health Care - Capital Financing - Debt Management – Budget Development - Performance Metrics - Business Continuity – Cash Management – Treasury –Business Operations – Organizational Development – Strategic Partnership – Integration Strategies – Business Relationship Development – Internal Controls – Cross-Functional Team Leadership – Coaching – Mentoring – Team Development – Cultural Development – Complex Negotiations – Payroll - Contracts and Procurement - Real Estate Management - Administrative Systems - Human Resources - Labor Relations PROFESSIONAL EXPERIENCE METROPOLITAN COUNCIL – Saint Paul, MN The Metropolitan Council serves the Twin Cities seven-county metro area by providing regional perspective for efficient growth and economic vitality. The Council partners with local communities to coordinate their plans with the regional systems for transportation, aviation, parks, and water resources. The Council operates essential regional services for housing, transit and wastewater treatment and awards funding for community development, parks, and affordable housing. Regional Administrator June 2021 – Early Retire 2023 Acting Regional Administrator Mar 2020 – June 2021 Chief Administrative Officer responsible for all staff (4,500+), operations, and programs of the Council. Provide executive oversight to division executives for Metro Transit, Environmental Services, Community Development, Metropolitan Transportation Services, and Regional Administration. Additional reports include directors of Government Relations, Human Resources, Equity and Equal Opportunity, General Counsel, Audit and Communications. Report directly to the Chair and the Council Policy Board. Mary Bogie – page 2 STRATEGIC EXECUTIVE LEADERSHIP | ORGANIZATION AND ADMINISTRATIVE MANAGEMENT • Collaboratively strategize on key policy initiatives and operational outcomes with Council Chair, board members and key stakeholders. • Povide executive oversight for 2050 regional development plan that helps guide the future growth of the region. • Set strategic direction, develop and present the Council’s annual $1B operating budget and $9B capital program to the Council’s governing board and Legislative committees. • Increased investment in affordable housing production prioritizing projects that support homeless populations, provide support services, and increase housing choice in the region • Secure funding for regional transitways from Federal, state and local funding partners. • Negotiate and execute key agreements with partners on behalf of and at the direction of the Council’s policy board. • Incident Commander for the Council’s COVID-19 pandemic response. Maintained critical on-site service for transit and wastewater operations, while shifting other staff and service to remote access. Wastewater analysis has become an leading indicator of disease prevalence. • Expanded access to on-site health clinics to employee’s families and eligible retirees providing shared savings for employees. • Introduced Positive Intelligence training to division leaders focusing on mental fitness, wellbeing and performance. Deputy Regional Administrator & Chief Financial Officer Jan 2019 – Mar 2020 Principal executive overseeing financial and administrative services that support Metropolitan Council operations. Provided strategic direction and leadership of the Council’s financial management, cash and investments, financial reports, operating and capital budgets, debt management, human resources, labor relations, risk/insurance, contracts and procurement, real estate, information technology services, and enterprise content management. Served as Chief Financial Officer and Council Treasurer. Chief Financial Officer Sept 2011 – Jan 2019 Deputy Chief Financial Officer Dec 2008 – Sept 2011 Controller Nov 2003 – Dec 2008 Led Council’s fiscal management including: strategic direction, presentation of operating and capital budgets, financial oversight, GAAP basis financial reporting, single audit, treasury functions, capital finance plans and debt issuance, payroll, contracts and procurement, real estate management, risk/insurance, accounting operations, and administrative systems (PeopleSoft). Developed financial policies and procedures to meet operational needs, protect Council assets and assure integrity of financial information. STRATEGIC FINANCIAL MANAGEMENT • Developed reserve strategy and established annual premium rates for self-funded medical and dental benefit plans providing cost and risk management. • Developed investment strategy and successfully fully-funded the Council’s retiree health care benefit plan with $360M+ invested in a trust account. • Secured multiple $100M+ grant anticipation financings at favorable rates (under 2%) to cash flow light rail transit project costs. • Maintained Triple-A bond rating reflecting the Council’s sound financial management and ability to secure financing at the lowest market interest rates. • Annually awarded ‘Certificate of Achievement for Excellence in Financial Reporting’ awarded by the Government Finance Officers Association for the Council’s Annual Comprehensive Financial Report. Mary Bogie – page 3 ORGANIZATION AND ADMINISTRATIVE MANAGEMENT • Built strategic partnerships and financial and legislative strategies with division operations including planning, transit, wastewater, housing, parks, and livable communities grant programs. • Developed strategic direction for division budgets in collaboration with division leaders to align with the Council’s mission and long-term development plan. • Revised budget process for simplicity, transparency, and ease of access through the use of pie charts, stories, and other visuals. • Relocated and renovated new office space resulting in projected $14M net present value savings. • Restructured payroll function from five separate payroll processes with different pay dates to a single payroll. Combined staff in two divisions, represented by different bargaining units, to a central payroll function under one manager. • Increased employee participation in direct deposit from less than 40% to 100% participation. • Implemented employee self-service options for time-entry, pay advices, and tax reporting. MINNESOTA DEPARTMENT OF FINANCE (now Minnesota Management & Budget) - Saint Paul, MN State cabinet-level agency responsible for coordinating the state finances, accounting, and budgeting processes. Finance Services Director July 1995 – Nov 2003 Managed statewide accounting system operations and assistance to state agencies in their use of the Minnesota Accounting and Procurement System to provide effective financial and program management. PRIOR TO 1995 MINNESOTA DEPARTMENT OF FINANCE Statewide Systems Project - Accounting Implementation Manager Led implementation of the accounting component of the Statewide Systems Project. Directed state agency workgroups to reaffirm business requirements and processes and define project scope for new statewide accounting system. Led team of state and contractor analysts to design, program and test modifications to the base system software in order to meet the state’s business needs. Provided cross-functional management to assure coordination with Technical, Procurement and HR/Payroll and state agency teams. Developed conversion approaches and tracked readiness of 160 state agencies to assure successful implementation. Financial Reporting Analyst Supervisor Led preparation of the state’s Comprehensive Annual Financial Report (CAFR). Researched key accounting and financial reporting issues and developed statewide implementation plans. Designed and developed relational database system to produce financial statements. EDUCATION & CERTIFICATIONS SAINT CLOUD STATE UNIVERSITY, Saint Cloud, MN - Bachelor of Science Degree in Accounting MINNESOTA STATE BOARD OF ACCOUNTANCY - Certified Public Accountant #10257 (Inactive) MEMBERSHIPS HEARTH CONNECTION – Board Member GOVERNMENT FINANCE OFFICERS ASSOCIATION – Past Member ST PAUL DOG TRAINING CLUB – Past Board Member and Treasurer AWARDS 2021 Notable Leaders in Finance – Twin Cities Business