11-23-2021 City Council MeetingREGULAR CITY COUNCIL MEETING
RICHFIELD MUNICIPAL CENTER, COUNCIL CHAMBERS
NOVEMBER 23, 2021
7:00 PM
INTRODUCTORY PROCEEDINGS
Call to order
Pledge of Allegiance
Open forum
Each speaker is to keep their comment period to three minutes to allow sufficient time for others.
Comments are to be an opportunity to address the Council. Individuals who wish to address the Council
must have registered prior to the meeting.
Approve the Minutes of the (1) Special City Council Work Session of November 5, 2021; (2) Special City Council Work
Session of November 6, 2021; (3) City Council Work Session of November 9, 2021; and (4) City Council Meeting of
November 9, 2021.
PRESEN TATIONS
1.Arts Commission annual presentation given by Karin Wolverton and Larry Nelson
2.Human Rights Commission annual presentation given by Mara Glubka
AGENDA APPROVAL
3.Approval of the Agenda
4.Consent Calendar contains several separate items, which are acted upon by the City Council in one
motion. Once the Consent Calendar has been approved, the individual items and recommended
actions have also been approved. No further Council action on these items is necessary. However, any
Council Member may request that an item be removed from the Consent Calendar and placed on the
regular agenda for Council discussion and action. All items listed on the Consent Calendar are
recommended for approval.
A.Consider a resolution accepting the transfer of funds from the Housing and Redevelopment Authority's
General Fund to the Affordable Housing Trust Fund.
Staff Report No. 163
B.Consider the approval of setting a public hearing to be held on December 14, 2021, to consider the
issuance of new On-Sale Intoxicating Liquor and Sunday Sale Liquor licenses for Dagobah LLC, d/b/a
Protagonist Kitchen and Bar, located at 6601 Lyndale Avenue S, Suite 130.
Staff Report No. 164
C.Consider approval to renew the contract with Chief's Towing, Inc., for Public Safety towing services for
December 1, 2021 through November 30, 2023.
S taff Report No. 165
D .C onsider the approval of setting a public hearing to be held on D ecember 14, 2021, to consider the
renewal of the P awnbroker and S econdhand Goods D ealer license for 2022 for Metro P awn and Gun, Inc.
S taff Report No. 166
E .C onsider the approval of an agreement between the Hennepin C ounty Human S ervices and P ublic Health
D epartment, and the C ity of Richfield P olice D epartment for a full time embedded S enior S ocial Worker.
S taff Report No. 167
F.C onsider the approval of a license agreement between the City and Qwest Corporation for
access to their property located at 300 66th Street West to conduct grading, turf restoration,
and driveway restoration related to the 65th Street Reconstruction Project.
S taff Report No. 168
G.C onsider the approval of the first reading of an ordinance amending S ection 1202.07 of the Richfield C ity
C ode relating to license eligibility of intoxicating liquor, wine and beer establishments.
S taff Report No. 169
H.C onsider approval of a contract renewal with A desa Minneapolis for 2021-2022 for auctioning forfeited
vehicles from P ublic S afety/P olice.
S taff Report No. 170
I.C onsider approval of the purchase of five (5) F ord Hybrid S UV P olice Interceptor vehicles for P ublic
S afety from Tenvoorde F ord, Inc., for $187,331.90 plus tax, title, and license fees.
S taff Report No. 171
5.C onsideration of items, if any, removed from C onsent C alendar
P U B LIC H E AR IN G S
6.P ublic hearing regarding municipal consent for the I-494: A irport to Highway 169 P roject 1 proposed final layout.
Work S ession S taff Report No. 172
PR O P O S E D O R D IN AN C E S
7.S econd reading and summary publication of a proposed ordinance amending rules related to bicycle parking.
S taff Report No. 173
O T H E R B U S IN E S S
8.C onsider the adoption of the proposed legislative priorities for 2022.
S taff Report No. 174
C IT Y MAN AG E R’S R E P O R T
9.C ity Manager's Report
C LAIMS AN D PAYR O L LS
10.C laims and P ayroll
C O U N C IL D ISC U SSIO N
11.Hats Off to Hometown Hits
12.A djournment
Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96
hours in advance to the City Clerk at 612-861-9738.
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Special City Council Work Session
November 5, 2021
CALL TO ORDER
The meeting was called to order by Mayor Regan Gonzalez at 3:07 p.m. at the
Woodlake Nature Center.
Council Members Maria Regan Gonzalez, Mayor; Mary Supple; Simon Trautmann;
Present: Sean Hayford Oleary; and Ben Whalen
Staff Present: Katie Rodriguez, City Manager; John Stark, Community Development Director;
Jay Henthorne, Public Safety Director; Kristin Asher, Public Works Director;
Amy Markle, Recreation Services Director; Mike Dobesh, Fire Chief; and Bill
Fillmore, Liquor Store Director.
ITEM #1
CITY COUNCIL AND STAFF RETREAT - PRESENTATION AND DISCUSSION ON
EFFECTIVE GOVERNANCE FACILITATED BY CRAIG RAPP, RAPP CONSULTING
GROUP
Craig Rapp, President of Rapp Consulting Group, provided a presentation and facilitated
discussions between council and staff regarding best practices and norms on how to best work
together for effective governance.
ADJOURNMENT
The work session was adjourned by unanimous consent at 6:05 p.m.
Date Approved: November 23, 2021
Maria Regan Gonzalez
Mayor
Kari Sinning Katie Rodriguez
City Clerk City Manager
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Special City Council Work Session
November 6, 2021
CALL TO ORDER
The meeting was called to order by Mayor Regan Gonzalez at 9:05 a.m. in the
Bartholomew Room.
Council Members Maria Regan Gonzalez, Mayor; Mary Supple; Simon Trautmann;
Present: Sean Hayford Oleary; and Ben Whalen
Staff Present: Katie Rodriguez, City Manager; John Stark, Community Development Director;
Jay Henthorne, Public Safety Director; Kristin Asher, Public Works Director;
Amy Markle, Recreation Services Director; Mike Dobesh, Fire Chief; and Bill
Fillmore, Liquor Store Director.
ITEM #1
CITY COUNCIL AND STAFF RETREAT - PRESENTATION AND DISCUSSION ON
EFFECTIVE GOVERNANCE FACILITATED BY CRAIG RAPP, RAPP CONSULTING
GROUP
Craig Rapp, President of Rapp Consulting Group, provided a presentation and facilitated
discussions between council and staff regarding best practices and norms on how to best work
together for effective governance.
ADJOURNMENT
The work session was adjourned by unanimous consent at 12:10 p.m.
Date Approved: November 23, 2021
Maria Regan Gonzalez
Mayor
Kari Sinning Katie Rodriguez
City Clerk City Manager
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
City Council Work Session
November 9, 2021
CALL TO ORDER
The meeting was called to order by Mayor Regan Gonzalez at 5:47p.m. in the
Bartholomew Room.
Council Members
Present:
Maria Regan Gonzalez, Mayor; Mary Supple; Sean Hayford Oleary; Simon
Trautmann; and Ben Whalen
Council Members
Absent:
None.
Staff Present: Katie Rodriguez, City Manager; Chris Swanson, Management Analyst; Jay
Henthorne, Public Safety Director; Joe Powers, City Engineer; and Kari
Sinning, City Clerk
ITEM #1
CONSIDER THE CITY'S PROPOSED LEGISLATIVE PRIORITIES FOR 2022
City Manager Rodriguez introduced Management Analyst Swanson who gave a presentation
that described the past legislative priorities, reimagining the process, and the 2022 legislative
priorities.
Council Member Supple agreed with the top priorities and asked about the presumption clause
in the administrative section of the proposed legislative positions. City Manager Rodriguez state d that
we would like to get more clarity on the presumption clause for PTSD/Covid and more funding to help
recognize and treat PTSD. Council Member Supple commented that she would be in support for more
funding.
Council Member Whalen questioned playing defense on a couple of the top priorities. City
Manager Rodriguez stated that these priorities were created with our lobbyists who identified that
these could be issues that we would have to play defense on. Council Member Whalen agrees with
the top priorities and appreciated the explanation. City Manager Rodriguez explained that it is better
to be prepared for the priorities that we take a defensive stand because they can move quickly.
Council Member Whalen questioned the title of the introductory section. There was discussion
among council and staff regarding a change of the title or possibly adding the city’s mission, vision,
and values to the section to correlate more with our goals. City Manager Rodriguez explained that
guidance from the lobbyists was to keep this section short and not to add a lot of issues that were not
specific to the city. City Manager Rodriguez also stated that staff could incorporate the mission, vision,
and values into the section once they are completed. There was a general consensus to change or
remove the title of the introductory section.
Council Work Session Minutes -2- November 9, 2021
Council Member Hayford Oleary expressed concern for a community development position
that supports local control and opposes zoning pre-emption bills and requested the removal of “one-
size-fits-all regulations” from the section. Council Member Hayford Oleary also commented that he
liked to see that Public Works did not have any highway funding requests as a legislative priority.
Council Member Whalen asked about local match for housing trust funds and City Manager
Rodriguez stated that she will follow up on it.
Council Member Whalen also asked about creating a separate section for sustainability. City
Manager Rodriguez stated that currently the positions are divided by department and eventually it
would be a cohesive document.
Council Member Whalen asked about the Coleman Act Law. Management Analyst Swanson
gave a brief description of the law and would follow up with the liquor stores director for a better
summary.
Council Member Whalen asked for input from staff and council regarding the process and
community engagement surrounding the support of race included on State issued identification cards
for the purpose of data collection. City Manager Rodriguez stated that research from other cities
concluded that this would be the best route to collect this data and that it is not something that would
be printed physically on the identification card. Police Chief Henthorne spoke about the need for the
data to be collected and why this would be the best way to collect the data for the community. Council
Member Whalen asked about gaining community support for the method of collection. Police Chief
Henthorne explained that some communities have already gotten feedback and will be addressed at
the legislative session.
Council Member Supple followed up with comments given by Council Member Whalen and
suggested to change the title in recreation to recreation and sustainability. Also, Council Member
Supple asked for more clear indication of why race would be included on State issued identification
cards which would be to analyze the data.
Mayor Regan Gonzalez asked about topics that are not a part of the legislative priorities and
how to explain the process to the community members. City Manager Rodriguez explained that strictly
legislative topics should be brought up now but other topics would be a part of the strategic planning.
Council Member Hayford Oleary asked about camera based traffic enforcement. Police Chief
Henthorne explained that it is something that could be brought up to the legislation and stated the
enforcement would make the department’s job safer and easier.
City Manager Rodriguez summarized the work session: 1) change/remove the title on the
introduction; 2) gather more info on the presumption clause; 3) ask community development about
local match housing trust funds; 4) strike the language for “one-size-fits-all regulations”; 5) further
clarify the reason to collect race data via state issued identification cards; 6) do research for camera
based traffic enforcement; and 7) change title to “Recreation and Sustainability”. Council Member
Whalen stated that house and senate bill numbers will change and City Manager Rodriguez stated
that they will be removed and the topics will be inserted.
Mayor Regan Gonzalez echoed gathering community input regarding race on driver’s licenses
and stated the importance of collecting data to advance equity, protect privacy, and the importance of
de-weaponizing the data. Mayor Regan Gonzalez thanked staff for the preparedness for this
legislative work.
Council Work Session Minutes -3- November 9, 2021
ADJOURNMENT
The work session was adjourned by unanimous consent at 6:26 p.m.
Date Approved: November 23, 2021
Maria Regan Gonzalez
Mayor
Kari Sinning Katie Rodriguez
City Clerk City Manager
CALL TO ORDER
The meeting was called to order by Mayor Maria Regan Gonzalez at 7:00 p.m. in the Council
Chambers.
Council Members
Present:
Maria Regan Gonzalez, Mayor; Mary Supple; Sean Hayford Oleary; Simon
Trautmann; and Ben Whalen
Council Members
Absent:
None.
Staff Present: Katie Rodriguez, City Manager; Mary Tietjen, City Attorney; Jennifer
Anderson, Support Services Supervisor; Kelly Wynn, Administrative
Assistant; Chris Swanson, Management Analyst; and Kari Sinning, City Clerk
PLEDGE OF ALLEGIANCE
Mayor Regan Gonzalez led the Pledge of Allegiance
OPEN FORUM
Administrative Assistant Wynn reviewed the options to participate and stated that there were
no callers.
APPROVAL OF MINUTES
M/Whalen, S/Trautmann to approve the minutes of the: (1) Special City Council Work Session
of October 20, 2021; (2) Joint City Council and Planning Commission Work Session of October 26,
2021; and (3) Regular City Council Meeting of October 26, 2021.
Motion carried 5-0.
Item #1
PLANNING COMMISSION ANNUAL REPORT PRESENTED BY KATHRYN
QUAM
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Council Meeting
November 9, 2021
Council Meeting Minutes -2- November 9, 2021
Mayor Regan Gonzalez introduced Planning Commission Chair Kathryn Quam who gave a
brief review of highlights from the Planning Commission over the last year and thanked the current
commissioners and supported the recruitment and training of new diverse commissioners.
Council Member Supple thanked the commission for their wonderful job on complex issues
and also thanked Chair Quam for her leadership.
Council Member Trautmann thanked Chair Quam for her leadership on the hard work to lift up
voices of the community and echoed her call for more diverse commission members.
Council Member Hayford Oleary applauded Chair Quam on her proficiency as a leader for the
Planning Commission.
Mayor Regan Gonzalez added gratitude for Chair Quam’s exceptional leadership and
supported the importance of her role and the commission for the City. Mayor Regan Gonzalez al so
expressed the need for commissioners especially those that can bring diversity.
Item #2
COMMUNITY SERVICES COMMISSION ANNUAL REPORT PRESENTED BY
KEVIN WENDT
Mayor Regan Gonzalez introduced Commission Chair Kevin Wendt from the Community
Services Commission who gave an annual report from the commission.
Council Member Whalen, as the liaison to the commission, recognized the Community
Services Commission for their input to recreation staff and thanked the commission and Chair Wendt
for his leadership.
Council Member Supple highlighted the commission’s role in reaching out to the community for
input for recreation projects.
Council Member Trautmann thanked and lifted up the volume of accomplishments of the
commission and encouraged the commission to keep up the good work.
Hayford Oleary appreciated the commission’s efforts particularly Augsburg Park which
residents love.
Mayor Regan Gonzalez thanked the commission and also thanked Chair Wendt for his
leadership especially during the last two years when our community needed it most.
Item #3
APPROVAL OF THE AGENDA
M/Trautmann, S/Hayford Oleary to approve the agenda.
Motion carried 5-0.
Item #4
CONSENT CALENDAR
City Manager Rodriguez presented the consent calendar.
Council Meeting Minutes -3- November 9, 2021
A. Consider approval for a Temporary On-Sale Intoxicating Liquor license for the Blessed
Trinity Catholic School, located at St. Richard's Catholic Church, 7540 Penn Avenue
South, for their Grand Gala taking place December 11, 2021. (Staff Report No. 161)
B. First reading of a proposed ordinance amending rules related to bicycle parking. (Staff
Report No. 162)
M/Supple ,S/Trautmann to approve the consent calendar.
Council Member Trautmann wished success for the gala event at his Alma Matter.
Council Member Hayford Oleary expressed excitement for the proposed ordinance change on
bicycle parking.
Council Member Whalen echoed the excitement of the proposed ordinance related to bicycle
parking and appreciated the flexibility within the ordinance for a case-by-case basis.
Motion carried 5-0.
Item #5
CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT
CALENDAR
None.
Item #6
CITY MANAGER’S REPORT
City Manager Rodriguez gave a brief update on organized hauling and covid.
Item #7
CLAIMS AND PAYROLL
M/Trautmann, S/Whalen that the following claims and payrolls be approved:
U.S. Bank _ 11/9/2021
A/P Checks: 301418 - 301691 $ 2,153,213.37
Payroll: 165908 - 166209 712,559.95
TOTAL $ 2,865,773.32
Motion carried 5-0
Item #8
HATS OFF TO HOMETOWN HITS
Council Member Trautmann promoted a couple events at Wood Lake Nature Center; the
Wood Lake Nature Book Club and the Full Moon Hike.
Council Meeting Minutes -4- November 9, 2021
Council Member Hayford Oleary mentioned the opening of the Orange Line Transit on
December 4 which would connect Burnsville through Richfield to Downtown Minneapolis quickly.
Council Member Supple thanked City Clerk Sinning and the election judges for their work on
the election. Council Member Supple also thanked city staff on answering organized hauling
questions quickly via email. Council Member Supple reminded residents about youth and adult
commission recruitment and promoted veteran’s day event at Vet’s Park.
Council Member Whalen echoed the many thanks to election staff and judges for the election
and extended congratulations to the new and returning school board members. Council Member
Whalen also lifted up city staff on organized hauling responses to resident questions and reminded
residents to reach out to council for ideas in regards to the City’s strategic planning.
Mayor Regan Gonzalez promoted the Veteran’s Day event and extended a huge thank you to
veterans for their service. Mayor Regan Gonzalez also encouraged residents to spread the word and
to contribute to the winter food drive with VEAP.
Item #9
ADJOURNMENT
The meeting was adjourned by unanimous consent at 7:34 p.m.
Date Approved: November 23, 2021
Maria Regan Gonzalez
Mayor
Kari Sinning Katie Rodriguez
City Clerk City Manager
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #4.A.
STAFF RE P ORT NO. 163
CIT Y COUNCIL ME E T ING
11/23/2021
RE P O RT P RE PA RE D B Y: Julie Urban, Housing & Redevelopment Manager
D E PA RTME NT D IRE C TO R RE V IE W: Melissa P oehlman, A cting C ommunity D evelopment D irector
11/16/2021
O THE R D E PA RTM E NT RE V IE W:
C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager
11/17/2021
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consider a resolution accepting the transfer of funds from the Housing and Redevelopment Authority's
General Fund to the Affordable Housing Trust Fund.
E X E C UT IV E S UM M ARY:
The City created an Affordable Housing Trust Fund (Trust Fund) in 2020 to construct, preserve and
rehabilitate affordable housing in the community. Since its creation, staff have been seeking revenue sources
for the Trust Fund and have recently identified some Housing and Redevelopment Authority (HRA) funds,
received from the sale of property in the Cedar Point I I redevelopment area, as a source of funding.
The Cedar Point I I redevelopment project was originally approved to include market rate apartments and
affordable townhomes; however, market conditions have made it difficult to construct and sell the townhomes
as affordable, so in October, the HRA agreed to allow the developer to construct the final 32 units as market
rate. To compensate for this loss of an affordable homeownership opportunity, the HRA authorized the
transfer of $640,000 ($20,000/unit) of the Cedar Point I I sales proceeds to the Affordable Housing Trust
Fund to be spent on affordable homeownership programs.
The funds would be budgeted as follows:
$100,000 to the New Home Program for the purchase/rehabilitation of one property by the land trust,
which would serve an estimated five families over the life of the 99-year land trust lease.
$540,000 for down payment assistance, providing 27-36 down payment assistance loans through the
existing First-time Homebuyer Program and through a new program to be created for buyers of homes
in the W oodlawn Terrace Manufactured Home Park.
Both affordable homeownership programs serve households earning up to 80% of the Area Median I ncome
(A MI ), which represents a deeper affordability level than had been anticipated in the RF64 townhome project
from which these funds were secured.
RE C O M M E ND E D AC T I O N:
By motion: Adopt a resolution accepting the transfer of $640,000 from the Housing and Redevelopment
Authority's General Fund to the Affordable Housing Trust Fund for affordable homeownership
activities.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
The City Council created the Trust Fund in May of 2020. The Trust Fund is a tool that allows the
City to create, preserve and rehabilitate affordable housing.
Since the Trust Fund's creation, staff have been exploring various revenue sources. Special
Legislation was approved by the State Legislature in J une of 2021 that allows the HRA to transfer
pooled tax increment collected into the Trust Fund for the development of affordable housing.
Down payment assistance is not, however, an eligible use of funds through the special legislation.
I n November of 2020, the HRA sold property in the Cedar Point I I redevelopment area to Cedar
Point I nvestments. A portion of the proceeds were used to pay an assessment against the
property and property acquisition costs, but additional funds remain for the HRA to use for other
purposes.
On October 18, 2021, the HRA approved an amendment to the Contract for Private
Redevelopment with Cedar Point I nvestments LLC, allowing the project to continue construction
and sell its townhomes at market rate. The result is a loss of 32 affordable housing opportunities.
On November 15, 2021, the HRA approved the transfer of $640,000 from the HRA General Fund
to the Affordable Housing Trust Fund.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
The HRA's New Home Program and First-Time Homebuyer Programs provide homeownership
opportunities for households that earn up to 80% of the A MI .
C.C R IT IC AL T IMIN G IS S U E S:
Approval of the transfer will provide funds necessary to continue the HRA's First-Time Homebuyer
Program (Program). The Program has provided nine loans in 2021 and funds remain for one full
and one partial loan, with at least one application in process. The Program is funded primarily
through Community Development Block Grant (C D B G) funds, and additional C D B G funds will not
be available for the Program until J uly 1, 2022, which would leave the Program without funds for
several months.
The Woodlawn Terrace Manufactured Home Park, located at 7421 Lyndale Avenue South, is
planning to add 21 new units to the Park. The first seven units are expected to be in place and
sold by J uly of 2022. The proposed transfer of funds to the Affordable Housing Trust Fund will
provide adequate funds to serve these buyers with down payment assistance, as needed.
A state program providing matching funds of up to $150,000 to local communities with Affordable
Housing Trust Funds is expected to be available in J anuary of 2022. Trust Funds must contain
local funds in order to be eligible for a state grant through this program. Approving the transfer of
the sales proceeds will make the City's Trust Fund an eligible applicant for the matching grant.
D.F IN AN C IAL IMPAC T:
The funds would be transferred from the HRA General Fund. Sufficient sales proceeds remain in the
HRA General Fund to fund the transfer.
E.L E GAL C ON S ID E R AT ION:
State Statute allows Trust Fund money to be spent on down payment assistance and other
affordable homeownership activities.
ALTE R N AT IV E R E C O MME N D ATIO N(S):
Decide not to accept the transfer of these funds to the City's Affordable Housing Trust Fund.
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
NA
AT TAC H ME N T S:
D escription Type
Resolution Resolution L etter
CITY COUNCIL RESOLUTION NO.
RESOLUTION ACCEPTING THE TRANSFER OF HOUSING AND
REDEVELOPMENT AUTHORITY SALES PROCEEDS TO THE AFFORDABLE
HOUSING TRUST FUND
WHEREAS, The City of Richfield created an Affordable Housing Trust Fund,
pursuant to Minnesota Statutes Section 462C.16, on May 26, 2020, to promote the
development of additional affordable housing within the City, the development and
preservation of affordable housing in the community, and assist individuals with rental
and down payment assistance; and
WHEREAS, the Housing and Redevelopment Authority (HRA) sold property
located within the Cedar Point II redevelopment area in November of 2020 and
collected sales proceeds as a result of the sale; and
WHEREAS, the sales proceeds were deposited in the HRA General Fund and a
portion of which was spent on financial obligations relating to the purchase of property
and a portion of which are available to be spent on other HRA-approved activities; and
WHEREAS, the HRA desires to promote affordable home ownership through its
New Home Program and by providing down payment assistance to low and moderate
income buyers; and
WHEREAS, on November 15, 2021, the HRA approved the transfer of $640,000
in sales proceeds from the HRA General Fund to the Affordable Housing Trust Fund to
be used on affordable homeownership activities.
NOW, THEREFORE, BE IT RESOLVED
1. The City Council hereby accepts the transfer of $640,000 in sales proceeds
from the HRA General Fund to the City’s Affordable Housing Trust Fund for
affordable homeownership opportunities.
2. The City shall deposit such transferred funds into the Affordable Housing
Trust Fund to be used for affordable housing purposes.
Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of
November, 2021.
Maria Regan Gonzalez, Mayor
ATTEST:
Kari Sinning, City Clerk
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #4.B.
STAFF RE P ORT NO. 164
CIT Y COUNCIL ME E T ING
11/23/2021
RE P O RT P RE PA RE D B Y: Jennifer A nderson, S upport S ervices Manager
D E PA RTME NT D IRE C TO R RE V IE W: Jay Henthorne, D irector of P ublic S afety/C hief of P olice
11/15/2021
O THE R D E PA RTM E NT RE V IE W: N/A
C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager
11/17/2021
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consider the approval of setting a public hearing to be held on December 14, 2021, to consider the
issuance of new On-Sale Intoxicating Liquor and Sunday Sale Liquor licenses for Dagobah LL C, d/b/a
Protagonist Kitchen and Bar, located at 6601 Lyndale Avenue S, Suite 130.
E X E C UT IV E S UM M ARY:
On October 26, 2021, the City received the application materials for new On-Sale I ntoxicating Liquor and
Sunday Sale Liquor licenses for Dagobah LLC, d/b/a Protagonist Kitchen and Bar, located at 6601 Lyndale
Avenue S, Suite 130.
All required information and documents have been received. All licensing fees have been paid.
RE C O M M E ND E D AC T I O N:
By motion: Approve the setting of a public hearing to be held on December 14, 2021, for the
consideration of the issuance of new On-Sale Intoxicating Liquor and Sunday Sale Liquor licenses for
Dagobah LL C, d/b/a Protagonist Kitchen and Bar, located at 6601 Lyndale Avenue S, Suite 130.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
This is a notice to set the public hearing. Staff will provide a more detailed historical context in the report
submitted for the public hearing on December 14, 2021.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
City ordinance requires the City Council to conduct a public hearing to consider all On-Sale
I ntoxicating Liquor and Sunday Sale Liquor license applications and set a date for the public
hearing.
The hearing must be scheduled and held before a new license may be considered.
The new process has been initiated.
C.C R IT IC AL T IMIN G IS S U E S:
Holding the public hearing on December 14, 2021 will provide ample time to complete the licensing
process.
D.F IN AN C IAL IMPAC T:
All licensing fees have been received.
E.L E GAL C ON S ID E R AT ION:
There are no legal considerations.
ALTE R N AT IV E R E C O MME N D ATIO N(S):
Reject the applications for new On-Sale I ntoxicating Liquor and Sunday Sale Liquor licenses for
Dagobah LLC, d/b/a Protagonist Kitchen and Bar.
Schedule the public hearing for another date; however, this will delay the licensing process.
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
There are no parties expected at this meeting.
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #4.C.
STAFF RE P ORT NO. 165
CIT Y COUNCIL ME E T ING
11/23/2021
RE P O RT P RE PA RE D B Y: Jay Henthorne, D irector of P ublic S afety/C hief of P olice
D E PA RTME NT D IRE C TO R RE V IE W: Jay Henthorne, D irector of P ublic S afety/C hief of P olice
11/15/2021
O THE R D E PA RTM E NT RE V IE W: N/A
C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager
11/17/2021
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consider approval to renew the contract with Chief's Towing, Inc., for Public Safety towing services
for December 1, 2021 through November 30, 2023.
E X E C UT IV E S UM M ARY:
The City of Richfield requires the services of a towing contractor to tow impounded vehicles/trailers as well as
vehicles parked illegally during snow ordinance enforcement, etc. The contract with Chief's Towing expires
November 30, 2021. They are requesting an increase of 3.5% for services provided each year for the next
contract.
RE C O M M E ND E D AC T I O N:
By motion: Approve the renewal of the contract with Chief's Towing, Inc., 8610 Harriet Avenue South,
Bloomington, MN, for Public Safety towing services for the period of December 1, 2021, through
November 30, 2023.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
The City currently has a contract with Chief's Towing, inc., for Public Safety towing services.
Chief's Towing, I nc., was awarded the contract for 2021 and would like to renew the contract for
the years 2021-2023, as the contract expires on November 30, 2021.
The contract can be automatically renewed if both parties agree to the renewal and if Chief's
notifies the City in writing, 30 days in advance of the expiration of the contract, that they wish to
renew.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
Chief's notified the City that they wish to renew the contract for 2021-2023.
The Public Safety Department wishes to renew the contract with Chief's Towing, I nc.
Contracts for services need not be competitively bid.
The contract has numerous conditions that must be met. Chief's Towing, I nc., is a reputable,
established towing business that meets all contract requirements.
C.C R IT IC AL T IMIN G IS S U E S:
A six month notice must be given by either party in writing to terminate the contact.
On December 1, 2021, Public Safety must have towing services. This is particularly important with
the possibility of snow ordinance violations at any time.
Chief's is a large towing company that can handle the needs of Public Safety regarding
seizure/impound vehicles and comply with City ordinances that a smaller company could not
handle effectively.
D.F IN AN C IAL IMPAC T:
Rates will increase by 3.5% each year for the period of December 1, 2019-November 30, 2021,
per the attached letter from J effery Schoenborn, General Manager of Chief's Towing.
There is adequate funding in the Public Safety budget to cover the costs.
E.L E GAL C ON S ID E R AT ION:
The City Attorney has reviewed and approved the past contract with Chief's Towing, I nc.
ALTE R N AT IV E R E C O MME N D ATIO N(S):
Council could choose to not sign the contract; however, Public Safety must have towing and impounding
services beginning December 1, 2021.
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
None
AT TAC H ME N T S:
D escription Type
C ontract C ontract/A greement
F ees B ackup Material
AGREEMENT BETWEEN THE CITY OF RICHFIELD AND
CHIEF’S TOWING, INC. FOR TOWING,
IMPOUNDING AND STORAGE OF MOTOR VEHICLES.
THIS AGREEMENT is made this 23rd day of November, 2021, between the City
of Richfield, a Minnesota municipal corporation located at 6700 Portland Avenue South,
Richfield, Minnesota 55423 (hereinafter referred to as the “City”), and Chief’s Towing,
Inc., located at 8610 Harriet Avenue South (hereinafter referred to as the “Contractor”).
WITNESSETH
WHEREAS, the City has a need to contract for the towing, impounding and
storage of motor vehicles; and
WHEREAS, the City requires that the towing operators are located within three
(3) miles of the City limits; and
WHEREAS, the Contractor is the operator of a towing and storage facility within
three (3) miles of the City limits and has the expertise and capabilities to provide the
required services;
NOW THEREFORE, in consideration of the terms and conditions expressed
herein, the parties agree as follows:
I. TERM OF AGREEMENT
The term of this Agreement shall be from December 1, 2021, to November 30,
2023, subject to termination as provided in Subdivision V.
II. DUTIES OF CONTRACTOR
A. The Contractor shall tow, impound, and store all motor vehicles, which are
ordered removed under the direction of the police chief, or the fire chief, of
the City of Richfield or their authorized and legal representatives. The
Contractor shall be entitled to a charge for its towing and storage services
pursuant to those fees specified in the Contractor’s Proposal (Exhibit B).
It is agreed that neither the City nor the Richfield Police Department is
responsible for any charges as a result of towing and/or storage, with the
exception of those vehicles identified by the Police as subject to forfeiture,
and that the Contractor assumes liability for any unpaid charges.
B. The Contractor agrees to provide the services, as proposed, and perform
all other terms and conditions according to the City’s Specifications and
the Contractor’s Proposal, incorporated by reference herein as Exhibit A
and Exhibit B.
C. The Contractor shall defend, indemnify and hold harmless, the City of
Richfield, its officials, employees and agents, from any and all claims,
causes of action, lawsuits, damages, losses, or expenses, including
attorney fees, arising out of or resulting from the Contractor’s (including its
officials, agents or employees), performance of the duties required under
this Agreement, provided that any such claim, damages, loss or expense
is attributable to bodily injury, sickness, diseases or death or to injury to or
destruction of property including the loss of use resulting therefrom and is
caused in whole or in part by any negligent act or omission or willful
misconduct of Contractor.
D. It is agreed that nothing herein contained is intended or should be
construed in any manner as creating or establishing the relationship of
copartners between the parties hereto or as constituting the Contractor’s
staff as the agents, representatives or employees of the City for any
purpose in any manner whatsoever. The Contractor and its staff are to be
and shall remain an independent contractor with respect to all services
performed under this Agreement. The Contractor represents that it has, or
will secure at its own expense, all personnel required in performing
services under this Agreement. Any and all personnel of the Contractor or
other persons, while engaged in the performance of any work or services
required by the Contractor under this Agreement, shall have no
contractual relationship with the City and shall not be considered
employees of the City, and any and all claims that may or might arise
under the Workers’ Compensation Act of the State of Minnesota on behalf
of said personnel or other persons while so engaged, and any and all
claims whatsoever on behalf of any such person or personnel arising out
of employment or alleged employment including, without limitation, claims
of discrimination against the Contractor, its officers, agents, contractors or
employees shall in no way be the responsibility of the City; and the
Contractor shall defend, indemnify and hold the City, its officers, agents
and employees harmless from any and all such claims regardless of any
determination of any pertinent tribunal, agency, board, commission or
court. Such personnel or other persons shall not require nor be entitled to
any compensation, rights or benefits of any kind whatsoever from the City,
including, without limitation, tenure rights, medical and hospital care, sick
and vacation leave, Workers’ Compensation, Unemployment
Compensation, disability, severance pay and PERA.
E. The parties agree to comply with the Minnesota State Human Rights Act,
Minnesota Statutes, Section 363.
F. The Contractor agrees to maintain for the full term of this Agreement, the
following minimum insurance coverage:
a) $1,000,000.00 Comprehensive General Liability insurance,
Business Auto Policy with $1,000,000.00 limits and Garage
Keeper’s Legal Liability.
b) Workers’ Compensation insurance covering all employees of the
Contractor, or his agents, in accordance with the Minnesota
Workers’ Compensation Law.
Certifications of insurance must be filed with the City and shall include a
provision that states the insurance company shall give the City at least 25
days written notice prior to cancellation, non-renewal, or any material
change in the policy. The Contractor further agrees to name the City of
Richfield as additional insured on said comprehensive general liability
policy.
G. The Contractor agrees to furnish on or before the date this A greement
becomes effective, an acceptable corporate surety bond in the amount of
$10,000, payable to the City of Richfield and subject to approval by the
Richfield City Attorney, for the faithful performance of all duties and
obligations imposed under the terms and conditions of the Agreement.
III. DUTIES OF THE CITY
The City agrees to pay the Contractor the flat rate charge of $162.90 per vehicle
for the towing and storage of vehicles identified by the Police Department as subject to
forfeiture and which are subsequently released to the Police Department.
IV. MISCELLANEOUS
A. This agreement represents the entire Agreement between the Contractor and
the City and supersedes and cancels any and all prior agreements or
proposals, written or oral, between the parties relating to the subject matter
hereof; and amendments, addenda, alterations, or modifications to the terms
and conditions of this Agreement shall be in writing and signed by both
parties.
B. The Contractor agrees to comply with the Americans With Disabilities Act
(ADA), Section 504 of the Rehabilitation Act of 1973, and not discriminate on
the basis of disability in the admission or access to, or treatment of
employment in its services, programs, or activities. The Contractor agrees to
hold harmless and indemnify the City from costs, including but not limited to
damages, attorney’s fees and staff time, in any action or proceeding brought,
alleging a violation of ADA and/or Section 504 caused by the Contractor.
Upon request, accommodation will be provided to allow i ndividuals with
disabilities to participate in all services, programs and activities. The City has
designated coordinators to facilitate compliance with the Americans with
Disabilities Act of 1990, as required by Section 35.107 of the U.S.
Department of Justice regulations, and to coordinate compliance with Section
504 of the Rehabilitation Act of 1973, as mandated by Section 8.53 of the
U.S. Department of Housing and Urban Development regulations.
C. The Contractor will comply with all applicable provisions of the Minnesota
Government Data Practices Act, Chapter 13 of the Minnesota Statutes. The
Contractor agrees to comply with all applicable local, state and federal laws,
rules and regulations in the performance of the duties of this contract.
D. This Agreement shall not be assignable except at the written consent of the
City.
E. The books, records, documents, and accounting procedures of the
Contractor, relevant to this Agreement, are subject to examination by the
City, and either the legislative or state auditor as appropriate, pursuant to
Minnesota Statutes, Section 168.06, Subdivision 4.
F. The City and the Contractor agree to submit all claims, disputes and other
matters in question between the parties arising out of or relating to this
Agreement to mediation. The mediation shall be conducted through the
Mediation Center, 1821 University Avenue, St. Paul, Minnesota. The parties
hereto shall decide whether mediation shall be binding or non-binding. If the
parties cannot reach agreement, mediation shall be non-binding. In the event
mediation is unsuccessful, either party may exercise its legal or equitable
remedies and commence such action prior to the expiration of the applicable
statute of limitations.
V. TERMINATION
Either party may terminate this Agreement for any reason upon giving six (6)
months advanced written notice to the other party.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed the day and year first above written.
CITY OF RICHFIELD
DATED: __________________________ BY: ___________________________
Its Mayor
DATED: __________________________ BY: ___________________________
Its Manager
CHIEF’S TOWING, INC.
DATED: __________________________ BY: ___________________________
Its: ____________________________
City of Richfield, MN
Current and proposed rates for
TOWING, IMPOUNDING, STORAGE OF VEHICLES AND SERVICES
12/01/2021
thru
11/30/2023
Towing of impounded cars, trucks (under 1 ½ ton capacity),
Motorcycles, all-terrain vehicles, snowmobiles and unattended
Utility trailers towed within the City of Richfield ................................... $ 100.00
Towing charge for the same from outside the
City of Richfield .................................................................................... $ 100.00
Mileage charge for same .......................................................................... $ 4.50
Towing of trucks (larger than 1 ton capacity) within
the City of Richfield ................................................................................ $ 175.00
Towing charge for same outside the
City of Richfield .................................................................................... $ 175.00
Mileage charge for same .......................................................................... $ 4.50
Use of Winch with a tow
Car (Per hour) ............................................................................ $ 30.00
Truck (Per hour ......................................................................... $ 50.00
Use of Dolly .................................................................................... $ 30.00
Use of low-bed trailer or truck (flatbed required) .................................... $ 130.00
Storage Charges
First 24 hours or fraction thereof:
Inside Storage .............................................................. $ 42.00
Outside Storage ........................................................... $ 40.00
Each additional 24 hours of fraction thereof:
Inside Storage ............................................................................ $ 50.00
Outside Storage ......................................................................... $ 40.00
Forfeitures
Vehicles forfeited to the City of Richfield ................................ NO CHANGE $ 162.90
City owned vehicles
Towing city owned vehicle less than 1 ton within city of Richfield ........ $ 50.00
Mileage charge for same outside city ...................................................... $ 4.50
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #4.D.
STAFF RE P ORT NO. 166
CIT Y COUNCIL ME E T ING
11/23/2021
RE P O RT P RE PA RE D B Y: Jennifer A nderson, S upport S ervices Manager
D E PA RTME NT D IRE C TO R RE V IE W: Jay Henthorne, D irector of P ublic S afety/C hief of P olice
O THE R D E PA RTM E NT RE V IE W: N/A
C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager
11/17/2021
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consider the approval of setting a public hearing to be held on December 14, 2021, to consider the
renewal of the Pawnbroker and Secondhand Goods Dealer license for 2022 for Metro Pawn and Gun,
Inc.
E X E C UT IV E S UM M ARY:
Richfield City ordinance requires that the City Council conduct a public hearing to consider the
Pawnbroker and Secondhand Goods Dealer license renewals and a date be set for the public hearing. This
request is for the approval of setting the public hearing for December 14, 2021, to consider this license
renewal.
RE C O M M E ND E D AC T I O N:
By motion: Approve the setting of a public hearing to be held on December 14, 2021, for the
consideration of the renewal of the Pawnbroker and Secondhand Goods Dealer license for 2022 for
Metro Pawn and Gun, Inc.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
The Pawnbroker and Secondhand Goods Dealer licenses will expire on December 31, 2021.
Hearings must be scheduled and held before a renewal license may be considered.
The renewal process has been initiated.
Holding the public hearing on December 14, 2021, will provide ample time to complete the
licensing process before J anuary 1, 2022.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
Richfield City ordinance provides that the City Council conduct a public hearing to consider the
Pawnbroker and Secondhand Goods Dealer license renewals.
C.C R IT IC AL T IMIN G IS S U E S:
Current Pawnbroker and Secondhand Goods Dealer licenses will expire on December 31, 2021.
D.F IN AN C IAL IMPAC T:
None
E.L E GAL C ON S ID E R AT ION:
None
ALTE R N AT IV E R E C O MME N D ATIO N(S):
Schedule the hearing for another date; however, this will delay the licensing process.
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
There are no parties expected at the meeting.
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #4.E.
STAFF RE P ORT NO. 167
CIT Y COUNCIL ME E T ING
11/23/2021
RE P O RT P RE PA RE D B Y: Jay Henthorne, D irector of P ublic S afety/C hief of P olice
D E PA RTME NT D IRE C TO R RE V IE W: Jay Henthorne, D irector of P ublic S afety/C hief of P olice
O THE R D E PA RTM E NT RE V IE W: N/A
C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager
11/17/2021
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consider the approval of an agreement between the Hennepin County Human Services and Public
Health Department, and the City of Richfield Police Department for a full time embedded Senior Social
Worker.
E X E C UT IV E S UM M ARY:
Hennepin County has presented an agreement on behalf of the Hennepin County Human Services and
Public Health Department for a Mental Health Program in the Richfield Police Department.
Officers utilize their experience and training in crisis/conflict management, persuasion, de-escalation, mental
health, and serving those with autism to safety resolve crisis incidents while ensuring the individual receives
the necessary services and/or medical attention. Officers also routinely partner with Community Outreach for
Psychiatric Emergencies (C OP E) to assist with calls where a person is in crisis. C OP E provides
emergency intervention services 24 hours a day, 7 days per week, when an adult is experiencing an
emotional crisis that threatens their personal safety.
Richfield Police Officers respond to a multitude of calls for service - typically around 35,000 calls per year.
Notably, mental health-related calls for service have consistently increased over the past 4+ years.
The Richfield Police Department implemented an embedded social worker program in September 2020.
Several other communities throughout Hennepin County already have similar programs in place. Through
collaborative efforts, the embedded social worker program will help achieve numerous goals.
More timely engagement of Senior Social Worker (S S W ) with individuals
I ncreased use of community resources to support individuals
I ncreased use of public assistance programs
I ncreased use of non-urgent health care systems
I mproved engagement of current service providers
Ongoing collaboration and learning between Hennepin County Human Service and Public Health and
police department
I mproving the quality of life for those who suffer from mental illness and have encounters with law
enforcement
Reducing use of force, injury or death to officers and community members
Reducing rate of arrests/prosecution of persons in mental health crisis and increase the number of
persons who remain in community settings with services and supports
Creating cost-savings through reduction of (incarceration and hospitalization) 911 calls regarding
mental health crisis
Reducing repeat calls and visits to the same issue
I mproving efficiency of law enforcement response to emergency and non-emergency mental
heal issues
I ncreasing public satisfaction with the response to mental health emergencies and other metrics
developed during the pilot utilizing key stakeholder and community input
The comprehensive approach to mental illness will ensure community members receive the
assistance/treatment they need.
RE C O M M E ND E D AC T I O N:
By motion: Approve an agreement between the Hennepin County Human Services and Public Health
Department and the City of Richfield Police Department for implementing a fulltime social worker to the
Police Mental Health Program.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
The Richfield Police Department has a Mental Health Program which includes an embedded part-time
Senior Social Worker assigned to the Richfield Police Department.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
The Richfield Public Safety/Police Department wishes to contract with Hennepin County for the Police
Mental Health Program.
C.C R IT IC AL T IMIN G IS S U E S:
The agreement must be signed for the Police Mental Health Program.
D.F IN AN C IAL IMPAC T:
For the period J anuary 1, 2022, through December 31, 2023, the not-to-exceed amount of $60,000.00
annually.
E.L E GAL C ON S ID E R AT ION:
This contract has been reviewed by the City Attorney
ALTE R N AT IV E R E C O MME N D ATIO N(S):
The Council may choose to not approve the contract; and therefore not allow the City of Richfield Police
Department to partner with Hennepin County Human Services and Public Health Department and create a
Police Mental Health Program
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
None
AT TAC H ME N T S:
D escription Type
C ontract C ontract/A greement
HC# A2110930
1
JOINT POWERS AGREEMENT
BETWEEN HENNEPIN COUNTY
AND CITY OF RICHFIELD
This Joint Powers Agreement (“Agreement”) is made and entered into by and between the County
of Hennepin, Minnesota (“COUNTY”) on behalf of its Human Services and Public Health
Department (“HSPHD”) and City of Richfield, 6700 Portland Avenue, Richfield, Minnesota
55423, pursuant to the authority conferred upon them by Minn. Stat. § 471.59 and on behalf of it’s
police department, (referred to herein as “POLICE DEPARTMENT”). The parties to this
Agreement may also be referred to individually as “Party” and collectively as “Parties”.
WHEREAS, COUNTY is a political subdivision of the State of Minnesota and its Human
Services and Public Health Department is empowered to provide general and emergency public
services that support and protect the physical, mental and behavioral health of individuals in
Hennepin County; and
WHEREAS, POLICE DEPARTMENT is a governmental unit of the State of Minnesota
and is empowered to provide general and emergency public services in a manner that supports and
protects the physical, mental and behavioral health of individuals in Hennepin County; and
WHEREAS, the Parties desire to jointly and cooperatively coordinate their expertise and
delivery of services to further the interests of providing follow up care by a Senior Social Worker
(SSW) embedded with POLICE DEPARTMENT to prevent reoccurrences of emergency crises in
a manner that most effectively and efficiently supports and protects the physical, mental and
behavioral health of individuals in Hennepin County, subject to the terms and conditions of this
Agreement.
NOW, THEREFORE, in consideration of the mutual promises and benefits realized by
each Party, the Parties agree as follows:
1. PURPOSE.
The purpose of this Agreement is to enable COUNTY to provide social work services to
POLICE DEPARTMENT to further the interests of providing follow-up social services in a
manner that most effectively and efficiently supports and protects the physical, mental and
behavioral health of individuals in Hennepin County as detailed herein, and for POLICE
DEPARTMENT to secure such services from COUNTY and to establish the terms on which
such services shall be provided.
2. PROJECT/PROGRAM
A. The Parties shall cooperate and collaborate to perform services associated with the
Embedded SSW Program (the “Program”), as further described and outlined in Exhibit A:
Description of Services.
B. The Parties shall perform at all times in accordance with the provisions herein, including
but not limited to the data provisions.
HC# A2110930
2
3. TERM OF THE AGREEMENT
The term of this Agreement shall be from January 1, 2022, through December 31, 2023, unless
terminated earlier in accordance with the cancellation/termination provisions of this
Agreement.
4. CONSIDERATION
A. POLICE DEPARTMENT shall pay ($60,000) sixty thousand dollars annually.
B. The SSW will be hired, employed, and equipped by HSPHD and participate in supervision
and training by HSPHD in accordance with local, state, federal, and professional licensure
requirements.
C. HSPHD shall, within thirty (30) calendar days following the last day of each quarter,
submit an invoice to POLICE DEPARTMENT for one quarter of the cost of it’s portion of
the SSW position.
D. POLICE DEPARTMENT will make payment within thirty-five (35) days from receipt of
the invoice. If the invoice is incorrect, defective, or otherwise improper, POLICE
DEPARTMEMT will notify HSPHD within ten (10) days of receiving the incorrect
invoice. Upon receiving the corrected invoice from HSPHD, POLICE DEPARTMENT
will make payment within thirty-five (35) days.
E. Further, the Parties expressly agree that neither this Agreement nor either Party’s
performance hereunder obligates or commits either Party to enter a subsequent contract or
engagement with any other.
4. LIABILITY AND NOTICE
A. Each Party shall be liable for its own acts and the results thereof to the extent provided by
law and, further, each Party shall defend, indemnify, and hold harmless the other (including
their present and former officials, officers, agents, employees, volunteers, and
subcontractors), from any liability, claims, causes of action, judgments, damages, losses,
costs, or expenses, including reasonable attorney’s fees, resulting directly or indirectly
from any act or omission of the indemnifying Party, anyone directly or indirectly employed
by it, and/or anyone for whose acts and/or omissions it may be liable, in the performance
or failure to perform its obligations under this Agreement. The provisions of Minnesota
Statutes, Chapter 466 shall apply to any tort claims brought against COUNTY and/or
POLICE DEPARTMENT as a result of this Agreement.
B. To the fullest extent permitted by law, action by the Parties to this Agreement is intended
to be and shall be construed as a “cooperative activity” and it is the intent of the Parties
that they shall be a deemed a “single governmental unit” for the purposes of liability, as set
forth in Minnesota Statutes, section 471.59, subdivision 1a(a), provided further that for
purposes of that statute, each Party to this Agreement expressly declines responsibility for
the acts or omissions of the other Party to this Agreement except to the extent they have
HC# A2110930
3
agreed in writing to be responsible for the acts or omissions of the other Party. The total
liability for the Parties shall not be added together to exceed the limits on governmental
liability for a single governmental unit.
C. Duty to Notify: Each Party shall promptly notify the other Party of any actual or suspected
claim, action, cause of action, administrative action, criminal arrest, criminal charge, or
litigation brought against the party, its present and former officials, officers, agents,
employees, volunteers, and subcontractors which arises out of this Agreement.
5. INSURANCE
Each Party warrants that it has a purchased insurance or operates under a self-insurance
program in accordance with applicable law and sufficient to manage potential liability arising
hereunder, including but not limited to workers compensation insurance.
6. INDEPENDENT PARTIES
A. It is understood that the relationship between COUNTY and POLICE DEPARTMENT as
to the subject matter of this Agreement constitutes only the understandings set forth in this
Agreement.
B. It is further agreed that, notwithstanding any other formal, written agreements or contracts
which may exist between COUNTY and POLICE DEPARTMENT, nothing is intended or
should be construed in any manner as creating or establishing the relationship of partners
between the Parties hereto or as constituting either Party as the agent, representative, or
employee of the other for any purpose or in any manner whatsoever. Each Party is to be
and shall remain an independent contractor with respect to all services performed under
this Agreement. Each Party will secure at its own expense all personnel required in
performing services under this Agreement. Any personnel of a Party or other persons
engaged in the performance of any work or services required by that Party shall have no
contractual relationship with the other Party and will not be considered employees of the
other Party. No Party shall be responsible for any claims related to or on behalf of the other
Party’s’ personnel, including without limitation, claims that arise out of employment or
alleged employment under the Minnesota Unemployment Insurance Law (Minnesota
Statutes Chapter 268) or the Minnesota Workers' Compensation Act (Minnesota Statutes
Chapter 176), or claims of discrimination arising out of state, local, or federal law, against
a Party, its officers, agents, contractors, or employees. Such personnel or other persons
shall neither require nor be entitled to any compensation, rights, or benefits of any kind
from the other Party, including, without limitation, tenure rights, medical and hospital care,
sick and vacation leave, workers' compensation, unemployment compensation, disability,
severance pay, and retirement benefits.
7. NONDISCRIMINATION
In accordance with COUNTY’s policies against discrimination, POLICE DEPARTMENT shall
not exclude any person from full employment rights or participation in, or the benefits of, any
program, service or activity on the grounds of race, color, creed, religion, national origin, sex,
gender expression, gender identity, age, disability, marital status, sexual orientation, or public
HC# A2110930
4
assistance status. No person who is protected by applicable law against discrimination shall be
subjected to discrimination.
8. NO THIRD PARTY BENEFICIARY
Except as herein specifically provided, no other person, customer, employee, or invitee of any
Party or any other third party shall be deemed to be a third party beneficiary of any of the
provisions herein.
9. DATA
COUNTY and POLICE DEPARTMENT, their officers, agents, owners, partners, employees,
volunteers and subcontractors, shall abide by the provisions of the Minnesota Government
Data Practices Act, Minnesota Statutes Chapter 13, and all other applicable state and federal
law, rules, regulations and orders relating to data privacy, confidentiality, disclosure of
information, medical records or other health and enrollment information, and as any of the
same may be amended, as well as the data and data sharing provisions set forth in Exhibit A.
The terms of this paragraph shall survive the cancellation or termination of this Agreement.
10. RECORDS – AVAILABILITY/ACCESS
Subject to the requirements of Minnesota Statutes section 16C.05, subd. 5, the Parties, the State
Auditor, or any of their authorized representatives, at any time during normal business hours,
and as often as they may reasonably deem necessary, shall have access to and the right to
examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., of the
Parties which are pertinent to the accounting practices and procedures of the Parties and
involve transactions relating to this Agreement. The Parties shall maintain these materials and
allow access during the period of this Agreement and for six (6) years after its expiration,
cancellation or termination.
11. MERGER, MODIFICATION, AND SEVERABILITY
A. The entire understanding between the Parties is contained herein and supersedes all oral
agreements and negotiations between the Parties relating to the subject matter. All items
that are referenced or that are attached are incorporated and made a part of this Agreement.
If there is any conflict between the terms of this Agreement and referenced or attached
items, the terms of this Agreement shall prevail.
B. Any alterations, variations or modifications of the provisions of this Agreement shall only
be valid when they have been reduced to writing as an amendment to this Agreement signed
by the Parties. Except as expressly provided, the substantive legal terms contained in this
Agreement including but not limited to Indemnification; Liability and Notice; Merger,
Modification and Severability; Default and Cancellation/Termination or Minnesota Law
Governs may not be altered, varied, modified or waived by any change order,
implementation plan, scope of work, development specification or other development
process or document.
HC# A2110930
5
C. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining
provisions will not be affected.
12. DEFAULT AND CANCELLATION/TERMINATION
A If either Party fails to perform any of the provisions of this Agreement, fails to administer
the work so as to endanger the performance of the Agreement or otherwise breaches or
fails to comply with any of the terms of this Agreement, it shall be in default. Unless the
Party’s default is excused in writing by the non-defaulting Party, the non-defaulting Party
may upon written notice immediately cancel or terminate this Agreement as to the
defaulting Party or in its entirety.
B. This Agreement may be canceled/terminated with or without cause by either Party upon
thirty (30) days written notice. Either Party may immediately cancel or terminate this
Agreement if the terminating party, in its sole discretion, determines that the health and
welfare of a member of the public is at risk. Upon cancellation/termination, property or
surplus money, if any, acquired as a result of the operation of this Agreement shall be
distributed to the Parties in proportion to contributions of the Parties.
C. Either Party’s failure to insist upon strict performance of any provision or to exercise any
right under this Agreement shall not be deemed a relinquishment or waiver of the same,
unless consented to in writing. Such consent shall not constitute a general waiver or
relinquishment throughout the entire term of the Agreement.
D. The above remedies shall be in addition to any other right or remedy available to either
Party under this Agreement, law, statute, rule, and/or equity.
13. NOTICES
Unless the Parties otherwise agree in writing, any notice or demand which must be given or
made by a Party under this Agreement or any statute or ordinance shall be in writing, and shall
be sent registered or certified mail. Notices to COUNTY shall be sent to the County
Administrator at the address given in the opening paragraph of this Agreement with copies to
HSPHD asdetailed below. Notice to POLICE DEPARTMENT shall be sent to the address
stated in the opening paragraph of this Agreement with a copy as detailed below.
HSPHD:
Leah Kaiser
Senior Department Administrator
Hennepin County
300 South 6th Street
Minneapolis, Minnesota 55487
leah.kaiser@hennepin.us
RICHFIELD
Jay Henthorne
Director of Public Safety/Chief of Police
6700 Portland Avenue
HC# A2110930
6
Richfiled, Minnesota 55423
14. SURVIVAL OF PROVISIONS
Provisions that by their nature are intended to survive the term, cancellation or termination of
this Agreement do survive such term, cancellation or termination. Such provisions include but
are not limited to: INDEPENDENT PARTIES; LIABILITY AND NOTICE; INSURANCE;
DATA; RECORDS-AVAILABILITY/ACCESS; DEFAULT AND
CANCELLATION/TERMINATION; MARKETING AND PROMOTIONAL
LITERATURE; and MINNESOTA LAW GOVERNS.
15. MARKETING AND PROMOTIONAL LITERATURE
POLICE DEPARTMENT agrees that the terms, “Hennepin County” and “Hennepin County
Human Services and Public Health Department”, the name of any elected official, or any
derivatives thereof, shall not be utilized in any promotional literature or advertisements of any
type without the express prior written consent of COUNTY.
16. MINNESOTA LAWS GOVERN
The laws of the state of Minnesota shall govern all questions and interpretations concerning
the validity and construction of this Agreement and the legal relations between the Parties and
their performance. The appropriate venue and jurisdiction for any litigation will be those
courts located within the County of Hennepin, state of Minnesota. Litigation, however, in the
federal courts involving the Parties will be in the appropriate federal court within the state of
Minnesota.
(The remainder of this page intentionally left blank.)
HC# A2110930
7
The Parties hereto agree to be bound by the provisions set forth in this Agreement.
COUNTY OF HENNEPIN
Reviewed for COUNTY by the County STATE OF MINNESOTA
Attorney’s Office
By:
Chair of Its County Board
Date:
ATTEST:
Deputy/Clerk of County Board
Date:
By:
Deputy County Administrator
Date:
City of Richfield through Richfield Police
Department:
By: ___________________________________
Title: __________________________________
Date: __________________________________
By: ___________________________________
Title: __________________________________
Date: __________________________________
Contract #A2110930
EXHIBIT A: Description of Services
1
POLICE DEPARTMENT and HSPHD staff will work collaboratively to prevent
reoccurrences of emergency crises.
Roles and Responsibilities of Parties
A. POLICE DEPARTMENT will provide office space for the Senior Social Worker (SSW).
B. POLICE DEPARTMENT will run DSL lines at designated office space, as needed, if SSW is
otherwise unable to access to COUNTY network.
C. POLICE DEPARTMENT will work with the HSPHD Social Work Unit
Supervisor (SWUS) to establish criteria for referrals.
D. POLICE DEPARTMENT will work with the SWUS to develop a referral process.
E. POLICE DEPARTMENT will track referrals and repeat calls.
F. POLICE DEPARTMENT will track mental health calls that involve weapons, use of force
and transportation holds being written.
G. POLICE DEPARTMENT will accompany the SSW to home visits as needed.
H. HSPHD will be responsible for providing the SSW with equipment that is
necessary for completing their work. This includes but is not limited to laptop
computer, cell phone, and office supplies.
I. The SSW will report directly to the HSPHD SWUS.
J. HSPHD will be responsible for transportation/mileage expenses for the SSW.
The SSW will be responsible following the HSPHD transportation/mileage
reimbursement policies.
K. The SSW will provide short-term assistance to individuals in order to connect
the individuals with internal and/or community resources to help meet their
needs. Services will be provided in an ethical and culturally sensitive manner.
L. After being assigned a case, the SSW will complete a file clearance of the various
systems to determine if the individual is open to social services, county of
financial responsibility, and public assistance programs.
Contract #A2110930
EXHIBIT A: Description of Services
2
M. The SSW will meet the individual, assess the individual’s needs, note
formal and informal supports, and determine where gaps exist.
N. The SSW will request a new or updated diagnostic assessments as needed.
O. The initial assessment should include the risks to the safety and stability of the
individual as well as the individual’s ability to address such concerns. The SSW
will also evaluate the need for emergency services and if needed will assist in
making those connections.
P. The SSW will work with the individual to develop an initial plan that addresses
gaps that exist in the individual’s support system and will work with the
individual to identify and connect with community resources. This plan will be
signed by both the individual and the SSW.
Q. The SSW will ensure that release of information forms are signed and that other
paperwork is completed in a timely manner.
R. Client information can only be shared with law enforcement when there is an ongoing
emergency situation and the client information is necessary to protect the health or safety of
the individual or other people. Information disclosed would be limited to that necessary to
address the emergency situation.
S. If community and/or county resources are needed, the SSW will collect
information needed to determine eligibility for those services. The SSW will
facilitate referrals to appropriate resources.
T. The SSW will collaborate with other involved parties as indicated.
U. If eligible for county operated or contracted case management services, the
SSW will complete the necessary paperwork to transfer the individual to case
management.
V. The SSW will document all activities and data as requested for tracking
purposes.
W. Participation is voluntary, and the individual served has a right to refuse services.
Contract #A2110930
EXHIBIT A: Description of Services
3
Goals of the Police-Mental Health UnitS include, but are not limited to:
A. More timely engagement of SSW with individuals;
B. Increased use of community resources to support individuals;
C. Increased use of public assistance programs;
D. Increased use of non-urgent health care systems;
E. Improved engagement of current service providers;
F. Ongoing collaboration and learning between HSPHD and POLICE DEPARTMENT;
G. Improving the quality of life for those who have encounters with law
enforcement;
H. Reducing use of force, injury or death to officers and community members;
I. Reducing rate of arrests/prosecution of persons in mental health crisis and increase
the number of persons who remain in community settings with services and
supports;
J. Creating cost-savings through reduction of incarceration and hospitalizationresulting
from mental health crisis;
K. Reducing repeat calls and visits for the same issue;
L. Improving efficacy of law enforcement response to emergency and
non-emergency mental health issues; and
M. Increasing public satisfaction with the response to mental health emergencies and
other metrics developed utilizing key stakeholder and community input.
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #4.F.
STAFF RE P ORT NO. 168
CIT Y COUNCIL ME E T ING
11/23/2021
RE P O RT P RE PA RE D B Y: Olivia Wycklendt, C ivil E ngineer
D E PA RTME NT D IRE C TO R RE V IE W: K ristin A sher, P ublic Works D irector
11/12/2021
O THE R D E PA RTM E NT RE V IE W: N/A
C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager
11/17/2021
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consider the approval of a license agree me nt be twe en the City and Qwest Corporation for
access to the ir prope rty locate d at 300 66th Stree t West to conduct grading, turf re storation,
and drive way restoration related to the 65th Stree t Re construction Project.
E X E C UT IV E S UM M ARY:
As part of the 65th St Reconstruction Project, Qwest Corporation will authorize the City to perform work on
their property at 300 66th Street West just past the public right-of-way on the south side of 65th Street to
conduct grading, turf restoration, and driveway restoration.
T he license agreement up for approval is a standard agreement that sets out the terms and
conditions for use of the site. T he agreement allows the contractor to access and perform work on
the site until December 1, 2023.
RE C O M M E ND E D AC T I O N:
By Motion: Approve the license agreement between the City and Qwest Corporation for access to
their property located at 300 66th Street W est to conduct grading, turf restoration, and driveway
restoration related to the 65th Street Reconstruction Project.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
65th Street Reconstruction Project Background
The project limits extend along 65th Street from 66th Street to Nicollet Avenue. The proposed project will
reduce the roadway from four lanes down to two lanes west of Lyndale Avenue and will replace the
existing two-lane section east of Lyndale Avenue.
The 65th Street Reconstruction preliminary design was approved by the City Council on J uly 28, 2020.
Since then, the engineering consultant has been working towards final design with the project expected
to begin in Spring 2022.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
The reconstruction of 65th Street is consistent with the following approved plans:
Five-Year Street Reconstruction Plan
Comprehensive Plan (Chapter 7 - Transportation)
Pedestrian Master Plan
Bicycle Master Plan
Street Reconstruction Guiding Principles Document
Complete Streets Policy
Arterial Roads Study
C.C R IT IC AL T IMIN G IS S U E S:
Adoption of this site license agreement will formalize the agreed upon terms that govern the
contractor's use of the site.
D.F IN AN C IAL IMPAC T:
None as it relates to the approval of this site license agreement.
E.L E GAL C ON S ID E R AT ION:
The City Attorney has reviewed the agreement and will be available to answer questions.
ALTE R N AT IV E R E C O MME N D ATIO N(S):
None
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
None
AT TAC H ME N T S:
D escription Type
L ic A greement C ontract/A greement
Waiver of Trespass B ackup Material
P arcel S ketch of C onstruction Work B ackup Material
1
LICENSE AGREEMENT
THIS LICENSE AGREEMENT (“Agreement”) is entered into as of the date it is last
signed by both parties (“Effective Date”) by and between Qwest Corporation (“Licensor”) and
City of Richfield, MN (“Licensee”). Licensor and Licensee will sometimes be referred to in
this Agreement collectively as the “Parties”.
BACKGROUND:
Licensor is the legal and rightful owner of a certain parcel of real property and the
improvements upon the same located at 300 66th Street West, Richfield, MN (“Property”). Licensee is
undertaking a road improvement project in the City of Richfield known as the West 65th Street
Reconstruction Project (“Project”). Licensee desires to enter upon the Property to conduct certain
grading, turf restoration and driveway restoration related to the Project (“Work”). Licensor is willing
to allow Licensee to enter upon the Property to conduct the Work pursuant to the terms and conditions
of this Agreement.
For good and valuable consideration, the receipt and adequacy of which are acknowledged by
the Parties, the Parties agree as follows:
1. Grant of License and Term. Licensor grants to Licensee, its employees, representatives
and contractors, a revocable, non-exclusive license (“License”) to access and enter upon the Property to
conduct the Work, subject to the terms and conditions of this Agreement. Licensee will access, enter
upon, use and occupy only those areas of the Property as are reasonably required by Licensee to exercise
the rights granted to it under this Agreement. The term of this Agreement and the License will
commence on January 1, 2022 and will expire on December 31, 2023 (“Term”).
2. Work.
2.1 Licensee will, at its sole cost and expense, be responsible for the proper characterization,
management and disposal of all materials produced during the Work, including any hazardous or
suspected hazardous materials brought to the surface or otherwise released.
2.2 The Parties acknowledge and agree that Licensor conducts business and operations at the
Property, and thus given the active nature of the Property, Licensor may require that all Work be
performed after normal business hours or on weekends. Furthermore, Licensee will, upon Licensor’s
request, coordinate all of its Work or other activities at the Property with Licensor to minimize any
impairment of access to the Property by Licensee’s customers or business invitees and to minimize any
inconvenience to or disruption of Licensor's business and operations on the Property. Licensor may, at
its own cost and expense have any of its employees or agents be present during the performance of the
Work.
2.3 Licensee retains sole responsibility for all of its equipment, materials or other personal
property in, at, on or used at the Property, and Licensor will not be deemed to have any custody, care or
control over the same. Immediately upon completion of the Work but prior to the expiration of the
Term, or immediately upon the termination of this Agreement by Licensor, Licensee will, at its sole cost
and expense: (a) cause any excavations on the Property to be returned to the original gradient; (b)
remove all materials, personal property and equipment placed on the Property; (c) fill and level all
2
ditches, ruts and depressions on the Property, if any, caused by the Work, including by the closure of
Licensee's excavation operations on the Property; (d) remove all debris from the Property result ing from
the Work, including any waste; and (e) generally return the Property as nearly as is reasonably
p ossible to the same condition it was in immediately prior to Licensee’s initial entry onto the
Property.
3. Compliance with Laws. Licensee will conduct all Work or other allowed operations and
activities allowed under this Agreement in a safe, good and workmanlike manner, and in full compliance
with all applicable federal, state and municipal statutes, laws (including any environmental laws),
ordinances, judgments, regulations, orders and directives (collectively, “Applicable Laws”).
4. Permits. Licensee will, at its sole cost and expense, obtain all governmental permits and
approvals which may be necessary for it to conduct the Work or any other operations and activities
allowed under this Agreement. Licensor will reasonably cooperate with Licensee in Licensee's efforts to
obtain all necessary government permits and approvals.
5. Liens. Licensee will not permit any mechanics', materialmen's or other liens to stand
against the Property for work, labor, services or materials performed or furnished to Licensee in
connection with the Work. In the event any such lien is filed against the Property, Licensor will give
notice of the same to Licensee. Upon Licensee’s receipt of such notice, Licensee will, at its sole cost
and expense, immediately cause the lien to be discharged of record or bonded to Licensor’s satisfaction.
Thereafter, Licensee may contest the validity and the amount of such lien at its sole cost and expense.
6. Disclaimer of Warranties. Licensee’s use and occupancy of the Property pursuant to
this Agreement will be at Licensee’s sole risk. Licensee acknowledges that Licensor (or an yone on
Licensor’s behalf) has not made, does not make and specifically negates and disclaims any
representations, warranties, promises, covenants, agreements or guaranties of any kind or character
whatsoever, whether express or implied, oral or written, present or future, of, as, to, concerning or with
respect to: (a) the nature, quality, physical or other condition of the Property; (b) the suitability of the
Property for the activities and uses which Licensee intends to conduct on the Property; (c) the
compliance of or by the Property with any Applicable Laws; and (d) any other matter with respect to the
Property, and specifically, that Licensor has not made, does not make and specifically disclaims any
representations regarding compliance with any environmental, protection, pollution, land use, zoning,
development or impact laws, rules, regulations, orders, decisions or requirements. Licensee waives any
right or claim against Licensor arising out of the Property. The provisions of this Section 6 will survive
the expiration or termination of this Agreement.
7. Release, Indemnity. In addition to any other release, indemnity, duty to defend, hold
harmless and covenant not to sue of Licensee found elsewhere in this Agreement, and to the extent
permitted by law, Licensee, for itself and any Licensee Party (as defined below), will assume the risk of,
be responsible for, and release, indemnify, defend and hold harmless Licensor and Licensor’s parent,
subsidiary and affiliated companies, and the respective agents, officers, employees, partners, member
shareholders, successors and assigns of each of the foregoing (Licensor and the foregoing, collectively,
“Indemnified Parties”) from and against, any and all suits, claims, demands, actions, causes of action,
losses, fines, penalties, costs, expenses, fees (including reasonable attorneys’ fees), injuries (including
injuries to person resulting in death), damages and liabilities (collectively, “Damages”) arising out of, or
in any way relating to: (a) the use and occupancy of the Property by Licensee or any of its agents,
representatives, vendors, employees, guests, invitees or by any other third party (each a “Licensee
3
Party”); (b) the breach of this Agreement by Licensee or any Licensee Party, including the failure to
adhere to Applicable Laws; (c) the negligence or intentional misconduct of Licensee or any Licensee
Party; or (d) the release of contaminated materials on or under the Property caused by Licensee or any
Licensee Party if such materials were generated, stored, released or disposed of on the Property.
Notwithstanding the foregoing in this Section 7, Licensee’s duty to defend, indemnify and hold harmless
obligations under this Section 7 will not apply to any Damages arising from the sole gross negligence or
willful misconduct of Licensor. The provisions of this Section 7 will survive the expiration or
termination of this Agreement.
8. Default and Remedies. Licensee’s failure to comply with any of its obligations under
this Agreement within 15 days of Licensee’s receipt of notice of non-performance from Licensor will be
deemed a Licensee-default under this Agreement. However, if such non-performance cannot reasonably
be cured within such 15-day period, it will not be a Licensee-default under this Agreement if Licensee
has commenced with due diligence the cure of the non-performance within such 15-day period, and
thereafter completes the cure within 30 days of its receipt of the notice of non-performance from
Licensor. In the event of a Licensee-default, Licensor may: (a) terminate this Agreement at any time by
giving a termination notice to Licensee, and this Agreement and thus the License will terminate on the
termination date specified in such notice; (b) seek money damages, injunctive relief or specific
performance; or (c) resort to any other right or remedy to which Licensor is entitled under this Agreement,
at law or in equity. All of Licensor’s remedies are cumulative and are not exclusive of other remedies to
which Licensor may be entitled under this Agreement, at law or in equity. Use of one or more remedies
does not bar the use of any other remedy.
9. Notice. Whenever any notice, consent, approval, demand, request, authorization or other
communication and the like is required or permitted under this Agreement (collectively, “Notice”), the
same must be in writing. Notice must be sent by certified mail, return receipt requested, postage
prepaid, by a nationally recognized overnight courier service, or by email, to the parties at their
respective addresses set forth below. Notice will be deemed effective on the date shown on the return
receipt if Notice is given by certified mail, on the date shown on the confirmation of delivery form if
Notice is given by overnight courier service, or on the date of transmission if notice is sent by email
(provided the email was sent to the proper email address and was not returned to sender as
undeliverable). Rejection or refusal to accept Notice or the inability to deliver Notice because of a
changed address of which no Notice was given will be deemed to be receipt of the Notice as of the date
of rejection, refusal or inability to deliver. Either party may change its address in this Section 9 by
giving Notice of address change to the other party in the manner for giving Notice prescribed in this
Section 9.
If Notice to Licensor: Qwest Corporation
c/o Lumen Technologies
1025 Eldorado Boulevard, Suite 31D
Broomfield, Colorado 80021
Attention: Vice President of Real Estate
With a copy at the same time and in the same manner to:
4
Qwest Corporation
c/o Lumen Technologies
100 CenturyLink Drive
Monroe, LA 71203
Attn: Real Estate Lease Administration
Building ID: M13023
If Notice to Licensee: City of Richfield
Attn: City Engineer
1901 E. 66th Street
Richfield, MN 55423
10. Miscellaneous. (a) This Agreement contains all of the promises, agreements, conditions
and understandings between the Parties concerning the subject matter of this Agreement, and represents
the full, complete and entire agreement between the Parties as to its subject matter. There are no oral
agreements or understandings between the Parties affecting this Agreement. This Agreement supersedes
and cancels any and all previous negotiations, arrangements, agreements and understandings, if any,
between the Parties with respect to the subject matter of this Agreement; (b) Except as may be otherwise
expressly allowed under this Agreement, no amendment, change or addition to this Agreement will be
binding upon the Parties unless it is in writing and signed by the Parties; (c) The waiver by a party of
any breach of any term, agreement or condition contained in this Agreement will not be deemed to be a
waiver of any subsequent breach of the same or any other term, agreement or condition; (d) If any
provision contained in this Agreement is to any extent held invalid, illegal or unenforceable, the
remaining provisions of this Agreement will not be affected, and each such unaffected provision will
remain valid, legal and enforceable to the fullest extent permitted by law; (e) All rights and liabilities
given to or imposed upon the respective Parties under this Agreement will, except as may be stated
otherwise in this Agreement, extend to and bind the respective heirs, executors, administrators,
successors, and assigns of the Parties; (f) all of Licensee’s indemnification, hold harmless, duty to
defend and release obligations under this Agreement will survive the termination or expiration of this
Agreement, whether or not it is stated specifically elsewhere in this Agreement that any such obligation
so survive; (g) Licensee will have no right to assign this Agreement and/or the License in whole or in
part; and (h) This Agreement will be construed, interpreted and governed by and in accordance with the
laws of the State of Minnesota.
11. Counterparts, Facsimile and Electronic Mail Signatures This Agreement may be
signed in one or more identical counterparts, which taken together will constitute one and the same
agreement. Signatures to this Agreement that are faxed, photocopied or electronically stored or
transmitted will be deemed to be originals, and both Parties will accept and be bound by such signatures.
5
The Parties have entered into this Agreement as of the Effective Date.
Licensor: Licensee:
Qwest Corporation City of Richfield, MN
By:___________________________ _____ By: ________________________________
Title:______________________________ Title: Mayor
Printed Name: ______________________ Printed Name: Maria Regan Gonzalez
Signature Date: ______________________ Signature Date: _______________________
By: ________________________________
Title: City Manager
Printed Name: Katie Rodriguez
Signature Date: _______________________
Engineering Department
6 7 0 0 P O R T L A N D A V E N U E , R I C H F I E L D , M I N N E S O T A 5 5 4 2 3 6 1 2 . 8 6 1 . 9 7 0 0 FA X : 6 1 2 . 8 6 1 . 9 7 4 9
w w w . r i ch f i e l d m n . g o v A N E Q U A L OP P O R T U N I T Y E M P L O Y E R
MAYOR
MARIA REGAN
GONZALEZ
CITY COUNCIL
SEAN HAYFORD OLEARY
MARY SUPPLE
SIMON TRAUTMANN
BEN WHALEN
CITY MANAGER
KATIE RODRIGUEZ
2021
Subject: 65
th Street Reconstruction Waiver of Trespass
CENTURY LINK
ATTN PROPERTY TAX DEPT
1025 ELDORADO BLVD
BROOMFIELD CO 80021
Dear Business Owner/Resident,
The City of Richfield is seeking permission (waiver of trespass) for the City and its
contractors and/or consultants to enter the property at 300 66TH ST W, Richfield MN
55423 for the purposes of minor grading, turf restoration, and driveway restoration
related to the W 65th St Reconstruction Project. The anticipated construction limits
are illustrated on the enclosed figure. Construction on this project is proposed to start
in Spring of 2022.
The City appreciates your assistance in the completion of this project and hope you
are as excited as we are for the improvement of 65
th St.
Please let me know if you need additional information or would like to discuss this
project further. I can be reached at (612) 861-9789 or by e-mail at
OWycklendt@richfieldmn.gov .You may acknowledge permission by signing the
enclosed waiver and returning one copy to me in the enclosed envelope.
Thank you for your cooperation and consideration on this matter.
Sincerely,
Olivia Wycklendt
Civil Engineer
Public Works Department
City of Richfield
Engineering Department
WAIVER OF TRESSPASS
Subject: 65th Street Reconstruction Waiver of Trespass
CENTURY LINK
ATTN PROPERTY TAX DEPT
1025 ELDORADO BLVD
BROOMFIELD CO 80021
______________________________(NAME/S) hereby give(s) permission to the City of Richfield
and its contractors and/or consultants to enter the property at 300 66TH ST W, Richfield MN 55423
for the purposes of minor grading, turf restoration, and driveway restoration related to the W 65
th St
Reconstruction Project.
Owner
Owner
Date
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #4.G.
STAFF RE P ORT NO. 169
CIT Y COUNCIL ME E T ING
11/23/2021
RE P O RT P RE PA RE D B Y: Jennifer A nderson, S upport S ervices Manager
D E PA RTME NT D IRE C TO R RE V IE W: Jay Henthorne, D irector of P ublic S afety/C hief of P olice
11/15/2021
O THE R D E PA RTM E NT RE V IE W:
C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager
11/17/2021
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consider the approval of the first reading of an ordinance amending Section 1202.07 of the Richfield
City Code relating to license eligibility of intoxicating liquor, wine and beer establishments.
E X E C UT IV E S UM M ARY:
Chapter 12 (Sale and Consumption of I ntoxicating Liquor, W ine and Beer) of the Richfield City Code does
not allow a current holder of a liquor license to be issued a second license for a different establishment
located in the city.
RE C O M M E ND E D AC T I O N:
By Motion: Approve the first reading of an ordinance amending Section 1202.07 (g) of the Richfield
City Code, by eliminating paragraph (g) relating to license eligibility and schedule a second reading for
December 14, 2021.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
Business Licensing staff recently received an intoxicating liquor license application for a new
establishment. The applicants currently own an existing establishment in the city and hold a liquor license
for that establishment. Per current city code, they would not be eligible for a second liquor license for
their new concept.
After significant research conducted by the City Clerk and Public Safety staff, it was not clear why this
particular clause was included in code. W e do know it has been present in the code since the early
2000's.
The restaurant industry has evolved and nowadays its not unusual to have a group of individuals investing
in a food/liquor establishment and opening multiple concepts reflecting their food/dining vision. This
would be the first time Richfield has experienced this situation in recent history.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
The I ntoxicating Liquor, W ine and Beer ordinance sets requirements for application and licensure as
well as certain conditions to be met.
C.C R IT IC AL T IMIN G IS S U E S:
W ithout amending subsection 1202.07 by eliminating paragraph (g), the applicant mentioned above
would be ineligible to receive a second liquor license for the new establishment.
D.F IN AN C IAL IMPAC T:
None.
E.L E GAL C ON S ID E R AT ION:
The City Attorney has reviewed the ordinance and approves of its contents.
ALTE R N AT IV E R E C O MME N D ATIO N(S):
The City Council may decide to not approve the first reading of the ordinance and direct staff how to
proceed.
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
AT TAC H ME N T S:
D escription Type
C hapter 12 ordinance amendment draft C over Memo
BILL NO. _________
AN ORDINANCE AMENDING SECTION 1202 OF THE RICHFIELD
CODE OF ORDINANCES RELATING TO LIQUOR LICENSE
ELIGIBILITY
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Subsection 1202.07 of the Richfield City Code is amended as follows:
1202.07. – License Eligibility.
Subdivision 1. Ineligible person. No license may be granted to or held by:
(a) Any person who is ineligible for a license under State law;
(b) Any person who is under the age of 21 years of age;
(c) Any person who is not of good moral character and repute;
(d) Any person who has had an intoxicating liquor or 3.2 percent malt liquor license
revoked within five (5) years of the license application, or to any person who at
the time of the violation owns any interest, whether as a holder of more than
five (5) percent of the capital stock of a corporation licensee, as a partner or
otherwise, in the premises or in the business conducted thereon, or to a
corporation, partnership, association, enterprise, business, or firm in which any
such person is in any manner interested;
(e) Any person who, within five (5) years of the license application, has been
convicted of a felony or any willful violation of a Federal or State law or local
ordinance, governing the manufacture, sale, distribution, or poss ession for sale
or distribution of an alcoholic beverage, or whose liquor license has been
revoked for any willful violation of any such laws or ordinances;
(f) Any person who has a direct or indirect interest in a manufacturer, brewer or
wholesaler;
(g) Any person who is directly or indirectly interested in any other establishment in
the City to which a license has been issued under this chapter; the term
"interested" as used in this paragraph means and includes any pecuniary
interest in the ownership, operat ion, management or profits of such an
establishment;
(h) (g) Any person who is the spouse of a person ineligible for a license under this
section; and
(i) (h) Any person who, in the judgment of the City Council, is not the real party
in interest or beneficial owner of the business operated, or to be operated,
under the license.
Section 2. This Ordinance will be effective in accordance with Section 3.09 of the
City Charter.
Adopted this 14th day of December, 2021.
By: ___________________________
Maria Regan Gonzalez, Mayor
ATTEST:
________________________
Kari Sinning, City Clerk
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #4.H.
STAFF RE P ORT NO. 170
CIT Y COUNCIL ME E T ING
11/23/2021
RE P O RT P RE PA RE D B Y: Jay Henthorne, D irector Of P ublicS afety/C hief of P olice
D E PA RTME NT D IRE C TO R RE V IE W: Jay Henthorne, D irector of P ublic S afety/C hief of P olice
11/15/2021
O THE R D E PA RTM E NT RE V IE W:
C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager
11/17/2021
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consider approval of a contract renewal with Adesa Minneapolis for 2021-2022 for auctioning forfeited
vehicles from Public Safety/Police.
E X E C UT IV E S UM M ARY:
Adesa is a company used by the Public Safety Department to store and auction-off seized vehicles. The City
currently has a contract with Adesa and would like to renew the contract for the year 2021-2022.
RE C O M M E ND E D AC T I O N:
By motion: Approve the renewal of the 2021-2022 auction service contract between the City of
Richfield and Adesa Minneapolis, for the auctioning of forfeited vehicles from Public Safety/Police.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
Adesa's performance during the past year of the contract period was satisfactory. They auction
forfeiture vehicles for many cities, including the City of Bloomington.
Adesa Minneapolis has submitted the new contract for 2021-2022. No changes were made to the
services they provide.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
Adesa Minneapolis notified the City that they wish to renew their contract with the City.
The Public Safety Department wishes to renew the contract with Adesa Minneapolis. The contract
has numerous conditions that must be met.
Adesa Minneapolis is a reputable, established auction company that meets all contract
requirements.
C.C R IT IC AL T IMIN G IS S U E S:
A 30-day written notice must be given by either party to terminate the contract.
Public Safety must have a company to store and auction forfeited vehicles.
Adequate space is not available in the City to store forfeited vehicles.
D.F IN AN C IAL IMPAC T:
The fees remain the same and are detailed in the contract. There is adequate funding in the Public
Safety budget to cover the costs of Adesa Minneapolis services.
E.L E GAL C ON S ID E R AT ION:
The City Attorney has reviewed and approved the past contract with Adesa Minneapolis and there are no
contract changes under the new contract.
ALTE R N AT IV E R E C O MME N D ATIO N(S):
Do not approve the contract; however, Public Safety would need to find other means to auction forfeited
vehicles.
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
None
AT TAC H ME N T S:
D escription Type
A desa C ontract C ontract/A greement
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #4.I.
STAFF RE P ORT NO. 171
CIT Y COUNCIL ME E T ING
11/23/2021
RE P O RT P RE PA RE D B Y: S cott K ulzer, A dministrative A ide/A nalyst
D E PA RTME NT D IRE C TO R RE V IE W: K ristin A sher, P ublic Works D irector
11/16/2021
O THE R D E PA RTM E NT RE V IE W: N/A
C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager
11/17/2021
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consider approval of the purchase of five (5) Ford Hybrid S U V Police Interceptor vehicles for Public
Safety from Tenvoorde Ford, Inc., for $187,331.90 plus tax, title, and license fees.
E X E C UT IV E S UM M ARY:
Five Public Safety Department Police I nterceptor vehicles are scheduled to be replaced in 2022. These
vehicles are replaced after three years due to:
Average mileage of 50,000 miles; and
Significant engine idle time and subsequent wear accumulated over the three year lifespan.
The vehicles that are replaced are rotated into use as general purpose fleet vehicles and are used by the
following Divisions:
I nspections
Engineering
Utilities
Forestry
Parks and Recreation
After these vehicles have reached the end of their useful lifespan as a general purpose fleet vehicle they are
then sold at auction.
RE C O M M E ND E D AC T I O N:
By Motion: Approve the purchase of five (5) Ford Hybrid S U V Police Interceptor vehicles for Public
Safety from Tenvoorde Ford, Inc., for $187,331.90 plus tax, title, and license fees.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
See executive summary.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
The City of Richfield participates in the Minnesota State Cooperative Purchasing Program.
Tenvoorde Ford, I nc., is included in the Minnesota State Cooperative Purchasing Program.
C.C R IT IC AL T IMIN G IS S U E S:
Due to C OV I D-19 and current global supply chain disruptions, Public Works staff has been
advised by vehicle dealers to order their Hybrid Police I nterceptors as far in advance as possible.
Approval of the purchase of these vehicles at the November 23, 2021 City Council meeting will
ensure they are delivered and paid for in the year in which they were budgeted (2022).
D.F IN AN C IAL IMPAC T:
The purchase of these Hybrid Police I nterceptors is identified in the 2021R-2022P Central
Garage capital outlay budget (61000-7500) in the amount of $250,000.
The excess funds identified in the Central Garage capital outlay budget will be used to outfit the
vehicles with additional necessary equipment such as:
light bars
radios
cameras
E.L E GAL C ON S ID E R AT ION:
W hen the purchase of materials, merchandise, equipment, or construction exceeds $175,000, authority
to purchase shall be submitted to the City Council for consideration.
ALTE R N AT IV E R E C O MME N D ATIO N(S):
None
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
None
AGENDA SECTION:PUBLIC HEARINGS
AGENDA ITEM #6.
WORK S E S S ION STAFF RE P ORT NO. 172
CIT Y COUNCIL MEET ING
11/23/2021
RE P O RT P RE PA RE D B Y: S cott K ulzer, A dministrative A ide/A nalyst
D E PA RTME NT D IRE C TO R RE V IE W: K ristin A sher, P ublic Works D irector
11/16/2021
O THE R D E PA RTM E NT RE V IE W:
C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager
11/17/2021
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Public hearing regarding municipal consent for the I-494: Airport to Highway 169 Project 1 proposed
final layout.
E X E C UT IV E S UM M ARY:
Public Hearing
MnD OT Project Staff will provide a short presentation prior to the public hearing. The public outreach strategy
& comments received to date regarding the 494 Project 1 are attached to this staff report and will provide
valuable context prior to the public hearing. The video that was featured at the October 13 Public I nformation
Meeting can be viewed at https://www.youtube.com/watch?v=1T9d2wxCe6U.
Municipal Consent Process
The MnDOT proposed final layout for Project 1 of the I-494 Corridor Vision was received by the City
of Richfield on September 24, 2021 for municipal consent. T he municipal consent process is
designed to give municipalities another opportunity to provide formal input into the project design.
According to state law, the City has a right to review and approve or disapprove the project’s
proposed final layout.
Minnesota Statutes 161.164 requires that the City Council conduct a public hearing on the proposed final
layout as part of the municipal consent process. More information on municipal consent is included in
the "I-494: Airport to Highway 169 Project 1 Municipal Consent" brief attached to this staff report.
RE C O M M E ND E D AC T I O N:
Conduct and close the public hearing regarding municipal consent for the I-494: Airport to Highway
169 Project 1 proposed final layout.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
Project 1 will construct an E-Z Pass lane on I -494 from TH 100 to I -35W in each direction, Phase 1 of
the turbine interchange at the I -494/I -35W interchange, and access changes and replacement of the
bridges at Nicollet, Portland, and 12th Avenues. A new pedestrian/bicycle bridge near Chicago Avenue
will also be constructed over I -494. Construction will include replacement of existing pavement, drainage,
construction of retaining walls, sidewalks, bike lanes, signing, lighting, and traffic management.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
Minnesota Statutes, sections 161.162 through 161.167 govern the municipal consent process for
MnD OT projects that involve the construction, reconstruction, or improvement of any route on the trunk
highway system lying within any municipality which alter access, increase or reduce traffic capacity, or
require acquisition of permanent rights-of-way.
The proposed I -494: Airport to 169 Project 1 triggers the statutory municipal consent process because it
alters highway access, adds additional capacity, and requires the acquisition of permanent rights-of-way.
C.C R IT IC AL T IMIN G IS S U E S:
I494 “Project 1” Municipal Consent Schedule:
September 24: City receives final layout from MnD OT
October 13: Public I nformation Open House, Bartholomew room, 3:30-6:30pm
October 20: City Council Work Session, 5:00pm
November 23: Public Hearing: City Council Meeting 7:00pm
February 8: (Option 1) City Council Municipal Consent Approval/Disapproval
February 22: (Option 2) LATE S T City Council Municipal Consent Approval/Disapproval
February 23: Statutory deadline for Municipal Consent Approval/Disapproval (Day 150). I f no official
City Council action is taken by this date, the proposed project layout is considered approved.
D.F IN AN C IAL IMPAC T:
None as it relates to the municipal consent process.
The City will have some local cost-share for the project as a whole, and for City-requested
features such as enhanced/additional pedestrian and bicycle amenities, visual quality elements,
pavement rehabilitation on local roads, and City utility improvements beyond those required for the
project. The local cost share is preliminarily estimated to be about $1.5 million which could be
paid for using Municipal State Aid funds and utility funds.
E.L E GAL C ON S ID E R AT ION:
The municipal consent process is governed by Minnesota Statutes, sections 161.162 through
161.167.
Legal notice of the public hearing was published on:
October 21
October 28
November 4
November 11
November 18
ALTE R N AT IV E R E C O MME N D ATIO N(S):
None
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
MnD OT Project Staff Amber Blanchard and/or Andrew Lutaya.
AT TAC H ME N T S:
D escription Type
494 Municipal C onsent P ublic Outreach and C omments E xhibit
Municipal consent process background E xhibit
Comments Received to Date
Comments Received During Richfield Open House for I-494 Project 1, October 13, 2021
“I’m overjoyed that a pedestrian bridge will be added at Chicago Ave. That will be a great addition to the
neighborhood. I’m also pleased with the decisions on which street has access to 494. Great job!”
“It is my opinion that going from 3 points of access in Richfield and Bloomington to just one is pretty unrealistic.
During construction, please leave 12th and Nicollet accesses open while working on Portland. Transitions from
one lane on Portland to major interstate access seems that will create a lot of potential for accidents/crashes.”
“Provide signage for businesses at Nicollet Ave and 12th Ave at 494. It is important to keep businesses open at
these locations.”
Comments Received on Facebook posts promoting 10/13 Public Information Meeting
Out of the four Facebook posts advertising the Public Information Meeting across both pages, only one post
generated comments. The comments were unrelated to the 494 project and were complaints or jokes related to
roundabouts.
Comments Received on Facebook posts promoting 11/23 Public Hearing
To date (11/16), there have been four Facebook posts advertising the Public Hearing across both pages.
Only one of these four posts have generated a comment (11/2, Sweet Streets):
o “Good thing we've been in the process of choking off all the main corridors into and out of the city the
last few years! Great Job!”
There will be one more post on each page promoting the Public Hearing published on November 17—if any
additional comments are received staff will bring them to the Public Hearing.
Comments Received by Richfield Transportation Engineer Ben Manibog
The Public Hearing legal notices, postcards, Facebook posts, advertisement & Sweet Streets website updates
have all directed the public to submit comments directly to Richfield Transportation Engineer Ben Manibog via
email or phone (bmanibog@richfieldmn.gov or 612-861-9792). As of 11/16, there have been no comments
received to date regarding the 494 Project Municipal Consent Public Hearing.
Municipal Consent Public Outreach
October 13 Public Information Meeting:
o 1/2 Page Sun Current advertisement published 10/7
o 6,323 Postcards sent on 10/7 to addresses South of 73rd St./Diagonal Blvd.
o Facebook posts:
City of Richfield Page posted on 10/11 & 10/12
Sweet Streets Page posted on 10/11 & 10/13
o Sweet Streets website (project page and road work updates page)
o Click here to view the 494 Project 1 video prepared for the Public Information Meeting.
November 23 Public Hearing:
o Public Hearing Legal Notice published in the Sun Current on 10/21, 10/28, 11/4, 11/11 & 11/18.
o Facebook posts:
City of Richfield Page posted on 11/4, 11/10 & 11/17
Sweet Streets Page posted on 11/2, 11/8 & 11/17
I-494: Airport to Highway 169
Project 1 Municipal Consent
Request for Municipal Consent
Attached you’ll find MnDOT’s request for Municipal Consent (MC) of Project 1 as
approved by the Policy Advisory Committee. The submittal of their MC package triggers
the MC statute requiring local agencies to either approve or disapprove the project by
February 22, 2022.
Statutory Trigger for Muncipal Consent
Minnesota Statutes, sections 161.162 through 161.167 governs the MC process for
MnDOT projects that involve the construction, reconstruction, or improvement of any
route on the trunk highway system lying within any municipality which alter access,
increase or reduce traffic capacity, or require acquisition of permanent rights-of-way.
The proposed I-494: Airport to 169 Project 1 triggers the statutory MC process because
it alters highway access, adds additional capacity, and requires the acquisition of
permanent rights-of-way.
Minnesota Statutes, section 161.164 describes the City’s responsibilities and timeline
for action for a project that triggers the MC statute:
1.The Municipality receives the final project layout and other required items from
MnDOT;
2.Within 15 days of receiving the final layout, schedule a public hearing;
3.Provide at least 30 days’ notice of the public hearing;
4.Within 60 days of receiving the final layout, conduct the public hearing; and
5.Within 90 days of the public hearing, approve or disapprove the layout by resolution
(must be complete on or by day 150 from the receipt of final layout).
Role of City Council
The role of the City Council is to thoroughly vet the project with the interests of their
Ward, the City, and the Region in mind. While the opportunity for public input and
changes to most of the detailed project elements has passed, the City Council is now
tasked with approving or disapproving the larger project as a whole on behalf of these
stakeholders.
If the City Council approves the final layout or does not disapprove the final layout via
resolution within 90 days from the date of the public hearing (item 5 above), the final
layout is deemed approved and MnDOT may continue with project development.
If the City Council disapproves the final layout via resolution, MnDOT may make
changes requested by the City, decide to not proceed with the project, or appeal the
final layout rejection via an appeal board. This appeal board process is described at
length in Minnesota Statutes section 161.164, subdivision 2 & 3, & section 161.165.
Actions Following Disapproval
Disapproval of the project would almost certainly result in MnDOT referring the final
layout to the Appeal Board laid out in Minnesota Statutes, section 161.165 which would
trigger a hearing within 30 days of referral. The Appeal Board would consist of one
member appointed by MnDOT, one member appointed by the City, and one member
appointed by mutual agreement of the City and MnDOT. In short, the Appeal Board
could recommend:
1.Approval of the final layout and MnDOT would proceed with project development;
2.Approval of the final layout with changes and MnDOT could:
I.agree to the changes;
II.decide not proceed with the project; or
III.decide to move forward with the final layout and explain why to the City and
Appeal Board in a report stating fully the reasons for doing so; or
3.Disapproval of the final layout and MnDOT could:
I.decide not to proceed with the project; or
II.decide to move forward with the final layout and explain why to the City and
Appeal Board in a report stating fully the reasons for doing so.
If at any time in the Appeal Board process MnDOT agrees to layout changes that affect
highway access, traffic capacity, or require additional acquisition of permanent rights-of-
way, the final layout would be required to restart the entire Municipal Consent process
described in the section titled “Statutory Trigger for Municipal Consent” above.
Considerations
It is important that the City Council recognize the regional, State, and Federal
significance of this project when considering authorizing MC. Staff is confident and
genuinely believes that after years of work towards the larger “I-494 Vision” and Project
1 specifically, MnDOT has been responsive to Richfield’s concerns and that the final
layout is agreeable to the future of our City. The collaborative nature of the
intergovernmental I-494 Technical Advisory Committee (TAC) and Policy Advisory
Committee (PAC) has resulted in a Project 1 that is beneficial to all involved but perfect
for none.
Metropolitan District
1500 West County Road B2
Roseville, MN 55113
September 24, 2021
Kristin Asher, P.E.
City of Richfield – Public Works Director
6700 Portland Ave
Richfield, MN 55423
Dear Ms. Asher,
MnDOT is in the process of developing Project 1 of the I-494 Corridor Vision. Project 1 will construct an E-ZPass
lane on I-494 from TH 100 to I-35W in each direction, a turbine interchange at the I-494 over I-35W interchange,
and change access at Nicollet, Portland, and 12th Avenues. This work will also include the replacement of the
bridges at Nicollet, Portland, and 12th Avenues, as well as construct a new pedestrian/bicycle bridge near
Chicago Avenue. Construction will include replacement of existing pavement, drainage, construction of
retaining walls, sidewalks, bike lanes, signing, lighting, and traffic management. Project 1 is being developed for
a letting on April 19, 2023 as a design-build project.
Project 1 proposes the following benefits to the region:
•Reduce traffic congestion and improve reliability of the average rush-hour trip
•Improve safety for all modes
•Provide a transit advantage to increase the number of people who can be efficiently moved through the
area
•Restore pavement to preserve infrastructure and provide a smoother ride
•Preserve existing bridges
•Improve drainage systems to reduce localized flooding and reduce run-off into the Minnesota River
•Improve connectivity for pedestrians and bicyclists crossing I-494
Project 1 is the first of four phases of the I-494 Corridor Vision Implementation Plan which looks to construct
managed lanes from Highway 169 to the Minneapolis/St. Paul International Airport. The Implementation Plan
was determined using a set of criteria which included constructability, community support, equity, asset
management, cost/funding, and operations/safety.
Attachment #1
MnDOT is asking the City of Richfield to approve the proposed layout as it requires the acquisition of right of
way and is adding additional capacity. Municipal consent of MnDOT projects is described in Minnesota Statutes
161.162 through 161.167 (attached).
The deadlines (per MN Statute 161.164) for the City’s responsibilities regarding municipal consent of the
attached layout are as follows:
•Within 15 days of receiving the final layout, schedule a public hearing.
•Within 60 days of receiving the final layout, conduct the public hearing.
•Provide at least 30 days’ notice of the public hearing.
•Within 90 days of the public hearing, approve or disapprove the layout by resolution.
MnDOT will attend the public hearing to present the final layout and answer questions, as required by statute.
At this point, the total participation required by the city is estimated to be approximately $1,145,385 as
identified in the attached estimate which is still being discussed with the cities and Hennepin County.
Any cost participation and identified maintenance responsibilities will be handled as part of a cooperative
construction agreement developed between MnDOT and the City. I would be happy to work with you as we
traverse our way through this process. MnDOT will be available to give presentations and/or answer any
questions that you may have regarding Project 1 or this process.
Sincerely,
Amber Blanchard, P.E.
MnDOT Metro District Major Projects Manager/I494 Corridor Director
CC: Andrew Lutaya, MnDOT West Area Engineer/Project Manager
April Crockett, MnDOT West Area Manager
file
Equal Opportunity Employer
AGENDA SECTION:PROPOSED
ORDINANCES
AGENDA ITEM #7.
STAFF RE P ORT NO. 173
CIT Y COUNCIL ME E T ING
11/23/2021
RE P O RT P RE PA RE D B Y: Nellie Jerome, A ssistant P lanner
D E PA RTME NT D IRE C TO R RE V IE W: Melissa P oehlman, A cting C ommunity D evelopment D irector
11/15/2021
O THE R D E PA RTM E NT RE V IE W:
C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager
11/17/2021
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Second reading and summary publication of a proposed ordinance amending rules related to bicycle
parking.
E X E C UT IV E S UM M ARY:
I n line with efforts to reduce transportation emissions (the biggest share of emissions affecting climate
change) and to improve local public health and transportation accessibility, staff is proposing an update to the
City's bicycle parking requirements. Staff reviewed neighboring cities' bicycle parking standards, a summary
of which are attached, as well as the current requirements in Richfield. Our current standards require bike
parking spaces at 5% of the number of required off-street auto parking spaces for any parking lot with over
20 auto spaces. This current standard does not distinguish between different land uses, and ties bicycle
parking to auto parking. Neighboring cities like St. Louis Park, Eden Prairie, and Minneapolis have more
dynamic and updated bicycle parking standards. Differing land uses have differing bicycle parking demands
that are not necessarily correlated to vehicle travel.
Updating standards in the City of Richfield and tailoring them to different land use types and sizes, instead of
tying them to an auto parking requirement, can assist in improved bicycle infrastructure. Planning for future
transportation trends like electric bikes and other non-car transit is vital. The City of Richfield can make small
changes in order to support major shifts in a more accessible and lower-emissions future.
A work session was held with the Planning Commission and the City Council on September 27, 2021. Staff
heard from Council Members and Commissioners that increased bicycle parking was important for the City
and that the Code should be updated with new requirements. Based on the research into neighboring cities'
rules and the feedback from the work session, staff proposes the following:
Bicycle Parking Requirements:
For residential uses with four or more dwelling units: one space per unit. I f more than ten spaces are
required, 90% of spaces must be located in an enclosed and secured area such as a bicycle storage
room.
Residential bicycle rooms shall include access to electricity. No more than 75% of required bicycle
parking spaces may require the user to lift a bicycle into place.
Restaurants or food and beverage service uses: the greater of four spaces or one space per 1,500
square feet of gross floor area.
For retail and similar commercial uses: the greater of four spaces or one space per 2,000 square feet
of gross floor area.
For office or service uses: spaces equal to 10% of the total number of employees on site.
For libraries, community centers, religious institutions, and similar uses: the greater of four spaces or
10% of the occupancy capacity of the main gathering space.
For schools, one space per ten students.
Bicycle parking in excess of the minimum requirement may be substituted for up to 5% of minimum off-
street parking requirements. Four bicycle spaces is equivalent to one parking space.
Public bicycle parking spaces may contribute to compliance with required bicycle parking when
located adjacent to the property in question, with approval of the Community Development Director.
W ith the permission of the City Engineer, required bicycle parking may be located in the public right-
of-way.
Bicycle parking spaces may be located off-site within 200 feet of the site, with approval of the
Community Development Director.
At the October 25 Planning Commission meeting, Commissioners asked questions and provided feedback,
ultimately voting unanimously to recommend approval of the updated rules. Staff has considered the feedback
from the Commission and has included the following revisions, which are reflected in the attached ordinance
amendment:
1. "Churches" was changed to "religious institutions"
2. Minimum requirements for libraries, community centers, religious institutions, and similar uses were
changed from being based on the occupancy capacity of the building to being based on the
occupancy capacity of the main gathering space.
3. Minimum requirements for schools were changed to one space per ten students, instead of being
categorized with libraries, community centers, and religious institutions.
4. Added statement regarding the proper installation of bicycle racks.
RE C O M M E ND E D AC T I O N:
By motion:
1. Approve a second reading of the attached ordinance amending rules related to bicycle parking.
2. Approve a resolution authorizing summary publication of said ordinance.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
None.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
Subsection 544.17 of the Richfield Zoning Code sets requirements for bicycle parking.
Summary publication of adopted ordinances is permitted when the verbatim text of the amendment
is cumbersome, and the expense of publication of the complete text is not justified.
C.C R IT IC AL T IMIN G IS S U E S:
None.
D.F IN AN C IAL IMPAC T:
None.
E.L E GAL C ON S ID E R AT ION:
Notice of the Planning Commission's public hearing was published in the Sun Current newspaper
on October 14, 2021.
The Planning Commission unanimously recommended approval at its October 25 meeting.
A first reading of the proposed ordinance amendment was approved by the City Council on
November 9.
ALTE R N AT IV E R E C O MME N D ATIO N(S):
Recommend revisions of the ordinance amendment as proposed; or,
Recommend denial of an ordinance amendment modifying rules related to bicycle parking, thus
maintaining the status quo.
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
None
AT TAC H ME N T S:
D escription Type
Ordinance Ordinance
S ummary P ublication Resolution Resolution L etter
Notes on C omparative C ities B ackup Material
BILL NO. _____
AN ORDINANCE AMENDING THE RICHFIELD ZONING CODE
REGULATIONS FOR BICYCLE PARKING REQUIREMENTS
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1 Subsection 547.17 of the Richfield Zoning Code is related to Bicycle
Parking
Subdivision 1. Purpose. In order to encourage and aid bicycling as a
means of transportation for utilitarian and recreational trips for all
residents, the Council finds that these requirements are necessary.
Subd. 2. Number of spaces required. For auto parking lots with more than
20 parking spaces, bicycle racks shall be provided in the ratio of five (5)
percent of the number of required off-street parking spaces. This number
can be reduced by the Director if proof can be provided that such spaces
will not be used.
a) For residential uses with four (4) or more dwelling units: one (1)
space per unit.
b) Restaurant or food and beverage service uses: the greater of four
(4) spaces or one (1) space per one thousand five hundred (1,500)
square feet of gross floor area.
c) For retail and similar commercial uses: the greater of four (4)
spaces or one (1) space per two thousand (2,000) square feet of
gross floor area.
d) For office or service uses: the greater of four (4) spaces or spaces
equal to 10% of the total number of employees on site.
e) For libraries, community centers, religious institutions, and similar
uses: the greater of four (4) spaces or 10% of the occupancy
capacity of the main gathering space.
f) For schools, one (1) space per ten (10) students.
g) Bicycle parking in excess of the minimum requirement may be
substituted for up to five (5) percent of minimum off -street parking
requirements. Four (4) bicycle spaces is equivalent to one (1)
parking space.
h) Public bicycle parking spaces may contribute to compliance with
required bicycle parking when located adjacent to the property in
question with approval of the Director.
Subd. 3. Location. Bicycling facilities shall be located conveniently near
the major entrance(s) to the building. If more than ten (10) bicycle parking
spaces are required for residential use, ninety (90) percent of spaces must
be located in an enclosed and secured space such as a bicycle storage
room. With permission of the Director, bicycle parking spaces may be
located off-site within two hundred (200) feet of the site. With the
permission of the City Engineer, required bicycle parking may be located
in the public right-of-way.
Subd. 4. Facilities. The bicycle facilities shall be installed per the
manufacturer’s specifications, and allow enough space around parked
bicycles for user access and clearance. Facilities shall be designed to
support the bicycle frame and not just one (1) wheel and shall be usable
for cable or U-shaped locks. Residential bicycle rooms shall include
access to electricity. No more than seventy-five (75) percent of required
bicycle parking spaces may require the user to lift a bicycle into place.
Section 2 Subsection 544.14 of the Richfield Zoning Code is related to vehicle
parking and loading requirements
Subd. 8. Modification of number of required parking spaces.
a) An applicant may request a modification of the minimum required
number of parking spaces by submitting a study of anticipated
parking demand. Parking studies shall be prepared by a
professional engineer with expertise in traffic and parking analysis,
unless an equally qualified individual is authorized by the Director.
b) Bicycle parking in excess of the minimum requirement may be
substituted for up to five (5) percent of minimum off -street parking
requirements. Four (4) bicycle spaces is equivalent to one (1)
parking space.
b c) Parking may be reduced by ten (10) percent for development on
any parcel which is located within one-fourth (¼) mile of a
frequently operating transit line provided that separate pedestrian
ways are provided which connect the parcel to a transit stop. A
frequently operating transit line is defined as having:
i. Weekday frequency of two (2) runs/hour between 7:00 a.m.
and 6:30 p.m.;
ii. Regularly scheduled service weekdays after 6:30 p.m.; and
iii. Some Saturday, Sunday, and holiday service
This reduction is in addition to reductions by PUD, and for
shared parking.
c d) Parking for retail and service uses may be reduced if on -street
parking is adjacent to the parcel and where all of the following
conditions exist:
i. The principal building is located within 20 feet of the front
property line;
ii. No parking exists between the front face of the principal
building and the street.
iii. A sidewalk exists along all sides of the lot that abut a public
street;
iv. A primary building entrance must face the street with
parking; and
v. If the Council finds that such parking will not be detrimental
to the surrounding neighborhood.
d e) Sites where at least 20 parking spaces are required, and where at
least one (1) street lot line abuts a transit street may substitute
transit-supportive plazas for required parking as follows. Existing
parking areas may be converted to take advantage of these
provisions. Adjustments to the regulations of the paragraph are
prohibited:
i. Transit-supportive plazas may be substituted for up to ten
(10) percent of the required parking spaces on the site;
ii. The plaza must be adjacent to and visible from the transit
street. If there is a bus stop along the site's frontage, the
plaza must be adjacent to the bus stop;
iii. The plaza must be at least 300 square feet in area and be
shaped so that a 10'x10' square will fit entirely in the plaza;
and
iv. The plaza must include all of the following elements:
1) A plaza open to the public. The owner must record a
public access easement that allows public access to
the plaza;
2) A bench or other sitting area with at least five (5)
linear feet of seating;
3) A shelter or other weather protection. The shelter
must cover at least 20 square feet. If the plaza is
adjacent to the bus stop, Metro Transit may need to
approve the shelter; and
4) At least ten (10) percent, but not more than 25
percent of the transit-supportive plaza must be
landscaped. This landscaping is in addition to any
other landscaping or screening required for parking
areas by this Code.
Section 3 This Ordinance is effective in accordance with Section 3.09 of the
Richfield City Charter.
Passed by the City Council of the City of Richfield, Minnesota this 23rd day of
November, 2021.
Maria Regan Gonzalez, Mayor
ATTEST:
Kari Sinning, City Clerk
RESOLUTION NO. _____
RESOLUTION APPROVING SUMMARY PUBLICATION
OF AN ORDINANCE AMENDING THE RICHFIELD ZONING CODE
REGULATIONS FOR BICYCLE PARKING REQUIREMENTS
WHEREAS, the City has adopted the above-referenced amendment of the Richfield City
Code; and
WHEREAS, the verbatim text of the amendment is cumbersome, and the expense of
publication of the complete text is not justified.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that the
following summary is hereby approved for official publication:
SUMMARY PUBLICATION
BILL NO. ________
AN ORDINANCE AMENDING THE RICHFIELD ZONING CODE
REGULATIONS FOR BICYCLE PARKING REQUIREMENTS
This summary of the ordinance is published pursuant to Section 3.12 of the Richfield City
Charter.
This ordinance updates bicycle parking requirements, in line with efforts to reduce
transportation emissions (the largest share of emissions affecting climate change) and to improve
public health and local transportation accessibility. The updated ordinance would require new
developments to install bike parking racks in amounts based on the size and type of land use or
the residential density, instead of the number of auto parking spaces on site.
Copies of the ordinance are available for public inspection in the City Clerk’s office during
normal business hours or upon request by calling the Department of Community Development at
(612) 861-9760.
Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of November,
2021.
Maria Regan Gonzalez, Mayor
ATTEST:
Kari Sinning, City Clerk
Bike Parking Requirements Research
Best Practices
Bicycle Security Advisors
http://bicyclesecurityadvisors.com/best-practice-guides/parking/zoning-building-codes/
Madison:
https://library.municode.com/wi/madison/codes/code_of_ordinances?nodeId=COORMAWIVOIICH20--
31_CH28ZOCOOR_SUBCHAPTER_28IGERE_28.141PALOST
A minimum of two bicycle spaces (the equivalent of one two-sided bike rack) is required for
nonresidential uses.
Three-family dwelling: 1 per dwelling unit
Multi-family: 1 per unit up to 2-bedrooms, ½ space per add'l bedroom; 1 guest space per 10
units
Library, museum: 1 per 2,000 square feet floor area
Place of worship: 1 per 50 seats or 75 lineal feet of seating area or 1 per 350 feet of floor area in
main worship space
Schools, public and private Schools, arts, technical or trade: 1 space per 5 students
Offices, etc.: 1 per 2,000 sq. ft. floor area
Coffee shop, Restaurant, etc: 5% of capacity of persons
Theater, assembly hall, concert hall: 5% of the capacity of persons in the auditorium
Bicycle parking reduction: Four (4) bicycle parking spaces above the minimum number required
may be substituted for one (1) required automobile parking space. Availability, proximity, and
use characteristics of public bike parking in the public right of way within two hundred (200) feet
of the subject property, etc., are considered for a reduction.
Bicycle Parking Design and Location:
For all residential uses, including those in combination with other uses, at least 90% of required
resident bicycle parking shall be designed as long-term parking. Any guest parking shall be
designed as short-term parking. (all bicycle parking shall be ground mount non-vertical, and
have a six foot vertical clearance.)
For all other uses, at least 90% of all bicycle parking shall be designed as short-term parking
Required short-term bicycle parking spaces shall be located in a convenient and visible area at
least as close as the closest non-accessible automobile parking and within 100 feet of a principal
entrance and shall permit the locking of the bicycle frame and one wheel to the rack and shall
support a bicycle in a stable position.
Edina:
https://library.municode.com/mn/edina/codes/code_of_ordinances?nodeId=SPBLADERE_CH36ZO_ART
XIISUDIRE_DIV2GEREAPALDIEXOTST_S36-1274SITRBIFA
All nonresidential developments having an off-street automobile parking requirement of 20 or more
spaces must provide off-street bicycle parking spaces where bicycles may be parked and secured
from theft by their owners. The minimum number of bicycle parking spaces required shall be five
percent of the automobile parking space requirement.
Minneapolis:
https://library.municode.com/mn/minneapolis/codes/code_of_ordinances?nodeId=MICOOR_TIT20ZOC
O_CH541OREPALOMO_ARTIIISPOREPARE_541.320BIPARE
541.320. - Bicycle parking requirements.
No more than 75% of required bicycle parking spaces may be provided in wall mounted racks
that require the user to lift a bicycle into place
Required short-term bicycle parking spaces shall be located in a convenient and visible area
within 50 feet of a principal entrance.
With the permission of the city engineer, required bicycle parking may be located in the public
right-of-way.
Public bicycle parking spaces may contribute to compliance with required bicycle parking when
located adjacent to the property in question.
Long-term bicycle parking spaces shall be located in enclosed and secured or supervised areas
providing protection from theft, vandalism and weather and shall be accessible to intended
users.
Long-term bicycle parking for residential uses shall not be located within dwelling units or within
deck or patio areas accessory to dwelling units.
Not less than 50% of required long-term spaces shall be accessible without requiring the use of
stairs or an elevator. Residential bicycle rooms shall include access to electricity. With
permission of the zoning administrator, long-term bicycle parking spaces for non-residential
uses may be located off-site within 300 feet of the site.
Non-residential uses having 1,000 square feet or less shall be exempt from minimum bicycle
parking requirements. Multiple-tenant or multiple-use buildings may exempt no more than four
uses of 1,000 square feet or less from the minimum off-street bicycle parking requirement.
All developments containing 200,000 square feet or more of new or additional gross floor area
shall include bicycle parking spaces, shower facilities and clothing storage areas. This section
shall not apply to buildings used primarily as hotels, retail, residential, or warehousing and
storage.
Multiple-family dwelling, 4 units or more 1 space per dwelling unit 3
Congregate living 1 space per 4 beds provided the requirement shall not
exceed 8 spaces
3
All Commercial, Institutional, and Public uses having 1,000 sq. ft. or more shall provide 3 short-term
spaces or the amount listed below, whichever is greater
Colleges and universities 3 spaces per classroom 1
School, grades K—12 3 spaces per classroom 1
Community center 6 spaces, or 1 space per 2,000 sq. ft. of GFA, whichever
is greater
1
Community service facility 1 space per 5,000 sq. ft. of GFA 1
Library 1 space per 5,000 sq. ft. of GFA 1
Museum 1 space per 10,000 sq. ft. of GFA 2
Theater, indoor, provided live
performances only
3 spaces, 1 space per 2,000 sq. ft. of GFA, whichever is
greater
2
Grocery store 1 space per 2,000 sq. ft. of GFA 1
Offices 1 space per 4,000 sq. ft. of GFA 2
Hospital As approved by C.U.P. 2
1- At least 50% of spaces are short-term
2- At least 50% of spaces are long-term
3- At least 90% of spaces are long-term
St Louis Park:
https://www.stlouispark.org/home/showpublisheddocument/20183/637502896878730000
Residential Uses:
Single-family and Two-family Uses. No bicycle parking spaces are required.
Multiple dwelling. One bicycle parking space per dwelling unit, plus one bicycle parking
space per ten automobile parking spaces.
Commercial, office and industrial uses: Bicycle parking spaces equal to ten percent of the automobile
parking space requirement, but not less than four bicycle parking spaces.
Institutional Uses: One bicycle parking space per ten automobile parking spaces, except that schools
must provide one bicycle parking space per ten students.
St. Paul
https://library.municode.com/mn/st._paul/codes/code_of_ordinances?nodeId=PTIILECO_TITVIIIZOCO_
CH63ZOCOEGGEAP_ARTII63.200.PARE_S63.210BIPA
(a)Bicycle parking required. Bicycle parking shall be provided according to the greater of the
following:
o Off-street parking facilities shall provide a minimum of one (1) secure bicycle parking
space for every twenty (20) motor vehicle parking spaces, disregarding fractional bicycle
spaces. A minimum of one (1) secure bicycle parking space shall be provided for an off-
street parking facility with twelve (12) or more motor vehicle parking spaces; or
o For dwelling units, a minimum of one (1) secure bicycle parking space shall be provided
for every fourteen (14) dwelling units. A fractional space up to and including one-half
(½) shall be disregarded, and any fraction over one-half (½) shall require one (1) secure
bicycle parking space.
Bicycle parking may be substituted for up to ten (10) percent of minimum off-street parking
requirements. For the purpose of calculating a substitution, two (2) secure bicycle lockers are
the equivalent of one (1) parking space; four (4) spaces in a secure bicycle rack are the
equivalent of one (1) parking space.
Eden Prarie
https://library.municode.com/mn/eden_prairie/codes/code_of_ordinances?nodeId=CH11LAUSREZO_S1
1.27TCTOCEDI (Subd 12, C)
Off-Street Bicycle parking shall be provided at the following ratios at the time of initial certificate of
occupancy and at the time of an enlargement of a structure:
Office - minimum of ten (10) spaces, plus one (1) space per seven thousand five hundred (7,500)
square feet of gross floor area.
Commercial - minimum of ten (10) spaces, plus one (1) space per three thousand five hundred
(3,500) square feet of gross floor area.
Public - minimum of ten (10) spaces, plus one (1) space per three thousand five hundred (3,500)
square feet of gross floor area.
Light Industrial - minimum of ten (10) spaces, plus one (1) space per ten thousand (10,000)
square feet of gross floor area.
Residential - one (1) space per two (2) dwelling units.
Roseville
https://www.cityofroseville.com/DocumentCenter/View/27289/Title-10-Zoning_210226?bidId=
(1019.13, D)
Number of Required Bicycle Parking Spaces:
Bicycle parking spaces equal to 10% of the automobile parking space requirement, but not less
than four bicycle parking spaces.
Exceptions:
o Low-density Residential: No bicycle parking spaces are required.
o Schools: Schools shall provide a minimum of 1 bicycle parking space per 10 students.
AGENDA SECTION:OTHER BUSINESS
AGENDA ITEM #8.
STAFF RE P ORT NO. 174
CIT Y COUNCIL ME E T ING
11/23/2021
RE P O RT P RE PA RE D B Y: C hris S wanson, Management A nalyst
D E PA RTME NT D IRE C TO R RE V IE W:
O THE R D E PA RTM E NT RE V IE W: B lanca Martinez Gavina, E quity A dministrator
C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager
11/17/2021
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consider the adoption of the proposed legislative priorities for 2022.
E X E C UT IV E S UM M ARY:
Annually, the City of Richfield legislative priorities have been compiled in collaboration with various City
departments and stakeholders. The priorities are a list of policy positions and measures the city supports at
the state and regional level and bonding requests for city projects. This list of priorities is a summary
document to help steer the City’s legislative advocacy and outreach in the coming year.
I n prior years, the City’s legislative priorities summary document has been assembled by staff and review by
City Council, but has never been formally adopted. City staff reviewed five comparable cities legislative
processes, feedback from Richfield’s contracted lobbyist and the League of Minnesota Cities (LMC), and
has determined that best practice is for the City Council to adopt the legislative priorities formally. City staff
has pulled together a proposed list of legislative priorities for the City Council to review.
Based on prior discussions with the L MC and Richfield's contracted lobbyist, it is recommended the City
legislative platform includes 3-5 top priorities and that all items are within the scope of the City’s purview. City
staff is available to answer any questions City Council has on the priorities.
Proposed Top Legislative Priorities
Support a bonding bill that appropriates $10,000,000 towards a new W ood Lake Nature Center facility. This
beloved and vital regional asset, which serves a diverse demographic across the region, turned 50 years old
in 2021 and is in need of a new building and improved trail system that meets the demands of its high-use,
award-winning environmental education program and essential urban green space.
Oppose any legislative changes that would allow the sale of spirits or wine in grocery or convenience stores.
The minimum age to purchase alcohol in Minnesota is 21 years old. The majority of current off-sale retailers
do not allow persons under 21 to enter their facility to purchase any items, unless accompanied by an adult.
Control of the sale of alcohol would become more difficult if grocery and convenience stores were allowed to
sell alcoholic beverages.
Oppose legislation or rule change that limits local authority related to the decision-making functions
performed by cities when setting city budgets to provide city services. The City supports authority for cities to
charge fees that are reasonably related to the cost of providing the service, permit or license. W e oppose
legislation that would require specific methods to pay for city services or would place caps on city fees.
Staff has also identified some additional legislative positions we wish to take, along with a vetted response, if
the issue arises during the session. These legislative positions are included as attachments to this report.
Legislative Breakfast
We will present the City’s adopted legislative platform to elected representatives at the annual legislative
breakfast scheduled from 7:45 a.m. through 9:15 a.m. on December 9th. The representatives will have time to
ask staff follow up questions about the City’s platform and present their priorities for the 2022 legislative
session.
RE C O M M E ND E D AC T I O N:
By Motion: Adopt the proposed legislative priorities for 2022. By adopting the legislative platform
formally, the City Council shows these priorities are in the best interest of the community and provides
increased visibility for the issues.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
A Council work session was held on 11/9/21 where staff presented the City's proposed legislative
priorities for 2022. City Council was able to review and discuss the 2022 legislative priorities before final
adoption. Staff has made changes to the legislative priorities reflecting the discussion at the work
session.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
C.C R IT IC AL T IMIN G IS S U E S:
D.F IN AN C IAL IMPAC T:
There may be public expenditures associated with the priorities if specific projects are selected to
receive the requested funding from the State. I f that occurs, the actual funding structure will be
presented at a future City Council meeting.
E.L E GAL C ON S ID E R AT ION:
ALTE R N AT IV E R E C O MME N D ATIO N(S):
City Council may choose to not adopt the legislative priorities as a whole, or adopt a modified list of priorities.
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
AT TAC H ME N T S:
D escription Type
2022 L egislative P riorities B ackup Material
CITY OF RICHFIELD
2022 LEGISLATIVE POSITIONS
Richfield staff is available to provide detailed information on any of the items listed on this handout and to provide testimony.
THE CITY OF RICHFIELD…
Support legislation that addresses the widening existing economic, racial, health and education gaps for our most
vulnerable communities. As a city, we are providing local tools and support for residents, but there is need for more relief
and legislation beyond city-level jurisdiction. We continue to support collaborative efforts with its representatives on
legislation that expands labor rights, housing affordability and protections, as well as access to affordable healthcare.
Support local officials who know what tools and programs best support our residents. We support local decision-making
authority and oppose statutory changes that erode local authority and decision making.
Oppose the imposition of legislative mandates that increase local costs without a corresponding state appropriation or
funding mechanism. Unfunded mandates may increase local property taxes and this additional cost impedes cities’ ability
to fund traditional services.
Contact: Maria Regan Gonzalez, Mayor, 612-500-3862, MRegan@richfieldmn.gov
Katie Rodriguez, City Manager, 612-861-9702, KRodriguez@richfieldmn.gov
TOP LEGISLATIVE PRIORITIES-
Support a bonding bill that appropriates $10,000,000 towards a new Wood Lake Nature Center facility. This beloved and
vital regional asset, which serves a diverse demographic across the region, is turning 50 years old this year and is in need
of a new building and improved trail system that meets the demands of its high-use, award-winning environmental
education program and essential urban green space.
Oppose any legislative changes that would allow the sale of spirits or wine in grocery or convenience stores.
The minimum age to purchase alcohol in Minnesota is 21 years old. The majority of current off-sale retailers do not allow
persons under 21 to enter their facility to purchase any items, unless accompanied by an adult. Control of the sale of
alcohol would become more difficult if grocery and convenience stores were allowed to sell alcoholic beverages.
Oppose legislation or rule change that limits local authority related to the decision-making functions performed by cities
when setting city budgets to provide city services. The City supports authority for cities to charge fees that are reasonably
related to the cost of providing the service, permit or license. We oppose legislation that would require specific methods
to pay for city services or would place caps on city fees.
Contact: Katie Rodriguez, City Manager, 612-861-9702, KRodriguez@richfieldmn.gov
Chris Swanson, Management Analyst, 612-861-9712, cswanson@richfieldmn.gov
CITY OF RICHFIELD
2022 LEGISLATIVE POSITIONS
Richfield staff is available to provide detailed information on any of the items listed on this handout and to provide testimony.
LEGISLATIVE POSITIONS
ADMINISTRATIVE SERVICES
• Support full reimbursement to cities for the cost of providing continued health insurance coverage for police and
firefighters disabled or killed in the line of duty. From 7/1/17 to 7/1/21, the City paid $221,883 towards continued health
insurance benefits, of which only $54,681 was reimbursed by the State.
• Support reimbursement to cities for the cost of covering employees who are out on military leave. While employees are
out, cities have to pay for 5 paid military leave days in a calendar year. Additionally, cities are obligated to pay for
employee coverage for military leave through overtime expenses. The City of Richfield has seen a number of employees
out on military leave for an extended period of time, which leads to increased cost with no reimbursement.
• Support legislative action to address increasing workers’ compensation costs, particularly rising medical costs related to
COVID-19 and the presumptive clause for coverage for Police Officers and Firefighters for Post-Traumatic Stress Disorder
(PTSD). Due to the rise in employee PTSD cases and their associated cost, we request a revision of the language currently
in the Senate Bill and Department of Labor regulations in order to review the presumption in worker’s compensation
cases.
• Support policies that provide opportunities for employees diagnosed with PTSD to receive treatment for PTSD that could
result in continued employment with the local government. We also support the League of Minnesota Cities duty
disability working group recommendations relating to mental health wellness within local government.
Contact: Katie Rodriguez, City Manager, 612-861-9702, KRodriguez@richfieldmn.gov
COMMUNITY DEVELOPMENT
• Support amending the TIF statute to allow 10% of units at 30% of the Area Median Income. We support the language
proposed by the Local Initiatives Support Coalition.
• Support local autonomy in the development and approval of comprehensive plans and official controls. The City supports
affordable housing and a diverse housing stock; however, creating regulations through zoning pre-emption bills is not the
answer. Individual communities are in the best position to determine the specific tools and regulations, including Planned
Unit Developments, necessary to encourage housing production and development.
• Support legislation for the preservation and rehabilitation of naturally occurring affordable housing properties.
Contact: Community Development Director, John Stark, 612-861-9775, JStark@richfieldmn.gov
FINANCE
• Support maintaining and increasing Local Government Aid.
• Support current formula and distribution of Fiscal Disparities and oppose shifting to fund projects.
• Support a fee increase or redistribution of fees for deputy registrars.
• Support state action to identify and strengthen state and local cybersecurity capabilities. We support funding to evaluate
local government cyber vulnerabilities, single points of failure, and fixes, and, the ability for municipal governments to
apply for grant funding or assistance to solve these weaknesses.
Contact: Katie Rodriguez, City Manager, 612-861-9702, KRodriguez@richfieldmn.gov
CITY OF RICHFIELD
2022 LEGISLATIVE POSITIONS
Richfield staff is available to provide detailed information on any of the items listed on this handout and to provide testimony.
FIRE
• Support local control of Emergency Medical Services (EMS). The current laws regulating EMS in Minnesota allow
ambulance providers an exclusive Primary Service operating area (PSA). There are no response time requirements or
oversight on ambulance billing rates in these PSAs. We support local control to determine who best able to provide EMS
services in our community.
• Support continued funding of the Hometown Hero’s Assistance Program (four million dollars per year in the base public
safety budget).
• Oppose efforts to limit the use of residential fire sprinklers. We support working collaboratively with the stakeholders to
provide the safest and most cost effective homes.
Contact: Fire Chief, Mike Dobesh, 612-243-4502, Mdobesh@richfieldmn.gov
LIQUOR
• Oppose the elimination of current Minnesota Law (Coleman Act) that allows an open wholesale system for alcoholic
beverages (spirits). Elimination of the Coleman Act would result in exclusivity brand ownership and ultimately raise
wholesale and retail consumer prices, compress the municipal liquor store’s profit margins, and lower service levels in all
distribution channels.
Contact: Liquor Operations Director, Bill Fillmore, 612-861-9192, BFillmore@richfieldmn.gov
PUBLIC SAFETY
• Support Police Officer Safety, Health, and Wellness (Protecting the Protectors) legislation. This legislation is similar to the
Hometown Heroes Act that was recently passed to protect the fire personnel. This legislation would provide law
enforcement agencies with training for emotional resiliency and understanding of trauma. Additionally, it would create
peer support groups, provide mental health checks/therapy, suicide prevention/awareness and family support.
• Support a statewide solution to better track racial disparities in traffic enforcement, like including race in driver’s license
and state identification card databases. We recognize the importance of having good data to evaluate systems and to
build trust with the community.
• Support legislation that provides a way for all persons to obtain a Driver License (regardless of citizenship status.)
Individuals will learn the rules of the road and become qualified to safely operate a motor vehicle. As a licensed driver
they also will need to obtain auto insurance.
• Support the Arbitration Revision Act, creating a more objective arbitration process by having the Office of Administrative
Hearings handle all the police officer termination grievances.
• Support the Officer Integrity Act, allowing for a Minnesota Licensed Peace Officer to be terminated from public
employment without opportunity to challenge the remedy of termination should the basis for termination be willful or
intentional dishonesty, deception, or similar unethical or illegal conduct that is deemed sufficient to imperil their
credibility in court testimony. We oppose limiting an officer’s due process right to arbitration.
Contact: Public Safety Director, Jay Henthorne, 612-861-9828, JHenthorne@richfieldmn.gov
CITY OF RICHFIELD
2022 LEGISLATIVE POSITIONS
Richfield staff is available to provide detailed information on any of the items listed on this handout and to provide testimony.
PUBLIC WORKS
• Support a maximum local contribution to County and State projects and limit long-term maintenance responsibility placed
on local agencies. Cost participation requirements related to trunk highways and county state aid projects place too high
of a burden on local units.
• Support state-wide, comprehensive and stable funding sources to address Minnesota’s aging infrastructure (water,
wastewater, stormwater, transportation, etc.) to ensure Minnesota communities remain a great place to live and
competitive place to do business.
• Support state laws that provide limited liability to commercial salt applicators that are certified through an established
voluntary salt applicator certification program.
• Support legislation requiring proper labeling of disposable wipes as “not flushable” to avoid excessive public dollars being
spent on unnecessary maintenance and sewage backups related to the misrepresentation that these wipes are flushable.
• Support opportunities to increase safety in work zones.
• Oppose any legislation or rule change that limits local authority related to use of public rights-of-way (small cell, for
example).
Contact: Public Works Director, Kristin Asher, 612-861-9795, KAsher@richfieldmn.gov
RECREATION AND SUSTAINABILITY
• Support continued funding of the Hennepin County Sports Grant Program that has been an instrumental resource in
helping support athletic facilities and athletic programs in Richfield.
• Support continued funding of the Outdoor Recreation Grant Program through the Minnesota Department of Natural
Resources which has aided in the success of recreational facility creation and improvements.
• Support continued funding of the Mighty Ducks Grant Program through the State of Minnesota, acting through its agency,
the Minnesota Amateur Sports Commission. This program is vital for ice arenas across the state to become for
environmentally and financially sustainable through the conversion of R-22 refrigeration systems to modern cooling
operations.
• Support efforts for the proper labeling of compostable products and not allow products with misleading claims to be sold
or distributed in the State.
• Support legislation that would designate all solid waste taxes generated to the state’s Select Committee on Recycling and
Environment fund to support sustainability efforts.
• Support Hennepin County funding that would expand infrastructure at the local level for the creation of compost
processing sites and/or anaerobic digesters.
• Support legislation that includes Extended Producer Responsibility initiatives requiring manufacturers to finance all costs
associated with collection, reusing, recycling, or safe disposal of their products such as carpets, mattresses, and
electronics.
• Support the development of and funding for zero-waste initiatives that involve stakeholders in the expansion of strategies
and incentives to manage all discarded materials to their highest and best use according to the waste management
hierarchy set forth in the Waste Management Act that will help local units of government reach recycling and composting
goals.
Contact: Recreation Services Director, Amy Markle, 612-861-9354, AMarkle@richfieldmn.gov