Loading...
10-11-2022 City Council Agenda with Proposed ItemREGULAR CITY COUNCIL MEETING RICHFIELD MUNICIPAL CENTER, COUNCIL CHAMBERS OCTOBER 11, 2022 7:00 PM INTRODUCTORY PROCEEDINGS Call to order Pledge of Allegiance Open forum Call into the open forum by dialing 1-415-655-0001 Use webinar access code: 2466 475 1899 and password: 1234. Please refer to the Council Agenda & Minutes web page for additional ways to submit comments. Approve the Minutes of the: (1) City Council Work Session of September 27, 2022; and (2) Regular City Council Meeting of September 27, 2022. PRESENTATIONS 1.Proclamation recognizing November as Native American Heritage Month AGENDA APPROVAL 2.Approval of the Agenda 3.Consent Calendar contains several separate items, which are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action on these items is necessary. However, any Council Member may request that an item be removed from the Consent Calendar and placed on the regular agenda for Council discussion and action. All items listed on the Consent Calendar are recommended for approval. A.Consider the approval of the first reading of an ordinance amending Section 925 of the Richfield City Code to include new language addressing what refuse is and the accumulation of it. Staff Report No. 144 B.Consider a resolution authorizing staff to submit an application for a Hennepin Youth Sports Program Facility Grant to expand the Augsburg Park Skate Park and execute a grant agreement, if awarded. Staff Report No. 145 C.Consider the approval of the bid tabulation and award a contract to U.S. Sitework, Inc., for the Sheridan Pond Maintenance Project Phase 1 in the amount of $223,450 and authorize the City Manager to approve contract changes up to $175,000 without further City Council consideration. Staff Report No. 146 D. Consider the renewal of the Public Health and Environmental Health Mutual Aid Agreement. Staff Report No. 147 4. Consideration of items, if any, removed from Consent Calendar PUBLIC HEARINGS 5. Public hearing and consider a resolution adopting the proposed assessment for unpaid garbage collection services from private property within the residential organized collection system from October 4, 2021 to July 31, 2022. Staff Report No. 148 6. Public hearing and consider resolutions adopting the annual Interstate/Lyndale/Nicollet (ILN) Project Area assessment and proposed work for 2023. Staff Report No. 149 7. Public hearing and consider a resolution adopting the proposed assessments of delinquent utility accounts, false alarm charges, public health or safety hazards charges, weed eradication charges, and vacant property registration fees to be certified to property taxes. Staff Report No. 153 PROPOSED ORDINANCES 8. Consider the second reading of an ordinance adopting Section 625 of the City Code Prohibiting Conversion Therapy for Minors and Vulnerable Adults Staff Report No. 150 9.Consider the approval of the first reading of an interim ordinance authorizing a study and imposing a one-year moratorium on the sale of Cannabis products Staff Report No. 151 RESOLUTIONS 10.Consider resolutions approving a preliminary plat and final plat in order to subdivide one lot into two, vacation of existing drainage and utility easements to be re-dedicated with the proposed plat, and an amendment to a Planned Unit Development to accommodate minor modifications triggered by the proposed new lot line at 600 - 64th Street West. Staff Report No. 152 CITY MANAGER’S REPORT 11. City Manager's Report CLAIMS AND PAYROLLS 12. Claims and Payroll COUNCIL DISCUSSION 13. Hats Off to Hometown Hits 14. Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the City Clerk at 612-861-973 9. Proposed Item CITY COUNCIL MEETING MINUTES Richfield, Minnesota City Council Work Session September 27, 2022 CALL TO ORDER The work session was called to order by Mayor Regan Gonzalez at 5:35 p.m. in the Bartholomew Room. Council Members Present: Maria Regan Gonzalez, Mayor; Simon Trautmann (5:41); and Sean Hayford Oleary Council Members Absent: Mary Supple and Ben Whalen Staff Present: Katie Rodriguez, City Manager; Kumud Verma, Finance Manager; Amy Markle, Recreation Services Director; Chris Swanson, Management Analyst; and Kari Sinning, City Clerk. Others Present: Eric King, University of Minnesota Extension Lobbyist; Ann Lenczewski, State and Local Government Relations Lobbyist for Lockridge Grindal Nauen Mayor Regan Gonzalez introduced the topic for discussion for the work session and turned it over to City Manager Rodriguez. City Manager Rodriguez made a statement about the shooting at the Richfield High School Homecoming football game and assured Council that staff is meeting on all levels to address the short-term and long-term challenges. She thanked the Council for stepping up to partner with staff on the efforts to address the community during this time. She commented on how these proposed projects could support youth programming. ITEM #1 PRESENTATION AND DISCUSSION OF A LOCAL SALES TAX City Manager Rodriguez asked the Council for feedback and guidance on whether to refine the possible projects and look for authorization at the legislature in 2023 or 2024. She stated that the projects are mainly major maintenance of which are funded through the liquor store profits and property taxes; the amenities that need maintenance repairs are used regionally and the sales tax better matches the users of the amenities. She also reminded Council that residents would have the final say as the projects and the related tax would all be voted on. Management Analyst Swanson gave a presentation that overviewed what local sales tax is, what local sales tax can fund, why a local sales tax for Richfield, and how to start the process. Analyst Swanson introduced Lobbyist Eric King who gave a presentation that overview the University of Minnesota’s findings of how a local sales tax would affect Richfield residents and the estimated forecast of revenue, and provided an example of how non-residents would contribute to the local sales tax. City Council Work Session Minutes -2- September 13, 2022 Council Member Hayford Oleary asked how voters would vote on the projects. Analyst Swanson shared the voting would be upon multiple individual projects to vote yes or no. Council Member Hayford Oleary asked about the history of voting on individual projects in other cities that have passed local sales tax. Lobbyist Lenczewski shared a brief history of local sales tax and how it has changed over the years and will continue to change due to legislative turnover. Council Member Hayford Oleary asked if the Council can advocate for the local sales tax. Lobbyist Lenczewski explained that the City cannot sway the voters but can give educational materials on the local sales tax. Council Member Hayford Oleary asked if City staff would be required to keep track of the sales tax. Lobbyist Lenczewski explained that it would be up to the City Manager to decide on doing the collection in house or having the Department of Revenue staff collect. City Manager Rodriguez recommended having the State collect the sales tax. Council Member Trautmann clarified that as elected officials that they are free to advocate for any policy. Lobbyist Lenczewski stated yes that personally Council can voice their opinions. Council Member Trautmann asked if there are statistics about residents spending less in a certain city due to the local sales tax increase. Lobbyist Lenczewski shared there are studies which stated that there is very little impact. Council Member Trautmann clarified some confusion regarding taxing clothing. Lobbyist Lenczewski said that Minnesota won’t allow local governments to change the tax base to reduce confusion for the consumer. Lobbyist King shared that online sales tax to Richfield residents would also be collected. Mayor Regan Gonzalez read aloud comments from Council Member Supple that shared her support of a local sales tax and stressed the importance of gathering public input on the projects it would support. Council Member Supple stated in her comment the priorities of the projects with Woodlake Nature Center and the Veterans Park upgrades being highest on her list with the Park Trail System Improvements being at the lowest priority. Council Member Supple also asked if there would be the financial means to do both the Woodlake and Community Center projects in 2025-2026. City Manager Rodriguez stated that further details would need to be gathered to figure out how to finance the projects; the local sales tax is projected to raise 91 million dollars in 20 years or 61.7 million dollars in 15 years. Mayor Regan Gonzalez read aloud comments from Council Member Whalen that shared his support and excitement for the recreation infrastructure projects and the idea of a local sales tax as a funding source to help make those happen. Recreation Services Director Markle overviewed the possible projects that could be funded by local sales tax which included the Wood Lake Nature Center, Veterans Park Complex, Donaldson and Taft Parks, Park Trail System Improvements, and Community Center Upgrades and Improvements. Mayor Regan Gonzalez shared her support and commented on thinking about the long-term investments. She recommended using guiding principles that would aid in the vision of these projects that would offer more to our residents that is equitable, accessible, and sustainable for years to come. She stressed the importance of community engagement throughout the process. She also commented on the need for more rentable community spaces. Council Member Trautmann shared a vision to tie nature to commerce in our parks system and to consider larger indoor community gathering spaces and utilizing our partners in the school district and to think outside the box to accomplish those goals. Mayor Regan Gonzalez echoed the comment of Council Member Trautmann to think outside the box to address the needs of the community. Council Member Hayford Oleary supported the list of projects and commented on the making the trail system cohesive that would bring up the standard of the parks in Richfield and should be a higher priority. He asked if the Community Center would need to stay in the current building or if it could be expanded to the parking lot. Director Markle did not have a n answer. He raised concerns to reduce park parking lots to keep maintenance costs lower and for more greenspace. City Council Work Session Minutes -3- September 13, 2022 City Manager Rodriguez asked Council if they would like to submit to the legislative process during the 2023 session. Council Member Hayford Oleary stated that bringing it to a vote during a presidential election would bring this to the forefront for voters. Analyst Swanson added that there is some flexibility to change or amend after it has gone through the legislative process . Council Member Trautmann and Mayor Regan Gonzalez promoted submitting this to the legislative process in the 2023 session. City Manager Rodriguez reminded Council that staff will continue to refine the project costs and look at possible financing options. ADJOURNMENT Mayor Regan Gonzalez adjourned the work session at 6:49 p.m. Date Approved: October 11, 2022 Maria Regan Gonzalez Mayor Kari Sinning Katie Rodriguez City Clerk City Manager CALL TO ORDER The meeting was called to order by Mayor Regan Gonzalez at 7:00 p.m. in the Council Chambers. Council Members Present: Maria Regan Gonzalez, Mayor; Simon Trautmann; and Sean Hayford Oleary Council Members Absent: Mary Supple and Ben Whalen Staff Present: Katie Rodriguez, City Manager; Joseph Sathe, Acting City Attorney; Melissa Poehlman, Community Development Director; Jay Henthorne, Public Safety Director/Police Chief; Jennifer Anderson, Support Services Manager; and Kari Sinning, City Clerk Others Present: Mara Glubka, Human Rights Commissioner PLEDGE OF ALLEGIANCE Mayor Regan Gonzalez led the Pledge of Allegiance. Mayor Regan Gonzalez shared comments regarding the shooting during the homecoming football game and acknowledged where the community is right now of which there is a lot of work to do. She thanked all of those involved: community groups and organizations, the Richfield Police Department, the Richfield Public School District, and all of the students and residents that have been showing support for the community and taking care of one another. OPEN FORUM Mayor Regan Gonzalez reviewed the options to participate:  Participate live by calling 1-415-655-0001 during the open forum portion  Call prior to meeting 612-861-9711  Email prior to meeting kwynn@richfieldmn.gov Callmie Dennis, 7200 17th Ave, proposed acquiring a space in Richfield for a Global Marketplace. APPROVAL OF MINUTES CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Council Meeting September 27, 2022 City Council Meeting Minutes -2- September 27, 2022 M/Trautmann, S/Hayford Oleary to approve the minutes of the: (1) Special Closed City Council Meeting of September 13, 2022; (2) City Council Work Session of September 13, 2022; and (3) Regular City Council Meeting of September 13, 2022. Motion carried: 3-0 ITEM #1 PROCLAMATION RECOGNIZING LGBTQ+ HISTORY MONTH Mayor Regan Gonzalez invited Commissioner Glubka to accept the proclamation and read aloud the proclamation. Commissioner Glubka shared history of LGBTQ+ people that have significantly impacted the liberation, the gruesome past and current events that people still struggle with acceptance. Mayor Regan Gonzalez thanked Commissioner Glubka for the work she does in the LGBTQ+ community in Richfield. ITEM #2 APPROVAL OF THE AGENDA M/Hayford Oleary, S/Trautmann to approve the agenda. Motion carried: 3-0 ITEM #3 CONSENT CALENDAR City Manager Rodriguez presented the consent calendar. A. Consider the adoption of a resolution authorizing acceptance of Office of Traffic Safety (OTS) funds for an extension on an original four-year grant to fully fund an officer dedicated for DWI enforcement in Richfield. (Staff Report No. 137) RESOLUTION NO. 12007 RESOLUTION AUTHORIZING THE DEPARTMENT OF PUBLIC SAFETY/POLICE TO ACCEPT GRANT MONIES FROM THE OFFICE OF TRAFFIC SAFETY IN THE AMOUNT OF $124,039.73 OR A LESSER AMOUNT, AS AWARDED BY THE DEPARTMENT OF PUBLIC SAFETY, TO FUND A POLICE OFFICER DEDICATED TO DWI ENFORCEMENT B. Consider approval of the purchase of five (5) Ford Hybrid SUV Police Interceptor vehicles for Public Safety from Tenvoorde Ford, Inc., for $224,804.40 plus destination, tax, title, and license fees. (Staff Report No. 138) C. Consider the approval of the first reading of an ordinance adopting Section 625 of the City Code Prohibiting Conversion Therapy for Minors and Vulnerable Adults (Staff Report No. 139) M/Hayford Oleary, S/Trautmann to approve the consent calendar. Motion carried: 3-0 City Council Meeting Minutes -3- September 27, 2022 ITEM #4 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR None. ITEM #5 PUBLIC HEARING AND CONSIDER THE APPROVAL OF NEW ON-SALE WINE AND 3.2 PERCENT MALT LIQUOR LICENSES FOR KATAKI, LOCATED AT 6401 NICOLLET AVENUE. (STAFF REPORT NO. 141) Council Member Hayford Oleary presented Staff Report 141 and opened the public hearing. M/Hayford Oleary, S/Trautmann to close the public hearing. Motion carried: 3-0 M/Hayford Oleary, S/Trautmann to approve the issuance of new On-Sale Wine and 3.2 Percent Malt Liquor licenses for Kataki, located at 6401 Nicollet Avenue. Motion carried: 3-0 ITEM #6 CONSIDER THE APPROVAL OF THE SECOND READING OF AN ORDINANCE AMENDING SECTIONS 617 (FOOD ESTABLISHMENTS), 618 (LODGING ESTABLISHMENTS), AND 619 (PUBLIC POOLS) OF THE RICHFIELD CITY CODE TO UPDATE REGULATIONS TO BE CONSISTENT WITH DELEGATED STATE REQUIREMENTS AND MISCELLANEOUS EDITS FOR CLARITY RELATED TO FOOD ESTABLISHMENTS, LODGING ESTABLISHMENTS, AND PUBLIC POOLS. (STAFF REPORT NO. 142) Council Member Trautmann presented Staff Report 142. M/Trautmann, S/Hayford Oleary to 1) approve the second reading of an ordinance amending Sections 617, 618, and 619 of the Richfield City Code pertaining to food, lodging and pools; and, 2) approve a resolution authorizing summary publication of said ordinance. BILL NO. 2022-13 ORDINANCE UPDATING REGULATIONS FOR FOOD ESTABLISHMENTS, LODGING ESTABLISHMENTS, AND PUBLIC POOLS TO BE CONSISTENT WITH DELEGATED STATE REQUIREMENTS AND MISCELLANEOUS EDITS FOR CLARITY AMENDING SECTIONS 617, 618, AND 619 OF THE CITY CODE RESOLUTION NO. 12008 RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE Motion carried: 3-0 City Council Meeting Minutes -4- September 27, 2022 ITEM #7 SECOND READING AND SUMMARY PUBLICATION OF AN ORDINANCE AMENDING THE RICHFIELD ZONING CODE TO UPDATE REGULATIONS FOR ELECTRIC VEHICLE CHARGERS (STAFF REPORT NO. 143) Council Member Hayford Oleary presented Staff Report 143. M/Hayford Oleary, S/Trautmann to 1) approve the attached ordinance amending the Richfield Zoning Code to update regulations for electric vehicle chargers; and, 2) approve a resolution authorizing summary publication of said ordinance. BILL NO. 2022-14 ORDINANCE AMENDING THE RICHFIELD ZONING CODE TO UPDATE REGULATIONS FOR ELECTRIC VEHICLE CHARGERS RESOLUTION NO. 12009 RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDING THE RICHFIELD ZONING CODE TO UPDATE REGULATIONS FOR ELECTRIC VEHICLE CHARGERS Motion carried: 3-0 ITEM #8 CONSIDER THE APPROVAL OF AN INTERIM ORDINANCE AUTHORIZING A STUDY AND IMPOSING A ONE YEAR MORATORIUM ON CANNABIS PRODUCTS (STAFF REPORT NO. 140) Council Member Trautmann presented Staff Report 140. City Manager Rodriguez shared that there was a work session regarding this and the guidance given at the work session was to prepare a moratorium. Council Member Hayford Oleary clarified that if the motion were to be continued that it should happen before or after the main motion. Acting City Attorney Sathe stated that there would be a motion to continue the item before the main motion would be made. Council Member Trautmann shared that there is not a consensus of all Council Members present and would like to wait until the full Council is present to make a vote. M/Trautmann, S/Hayford Oleary to table or continue the agenda item until the next council meeting. Council Member Hayford Oleary supported tabling the item as he would like the full council to be present and reiterated that he does not agree with this approach; the problems are related to the use of the products while the solution is related to store sales in the City of which is there is not a good connection between the problem and the solution. He stated that passing the moratorium would not prevent Richfielders from gaining access to the products as residents could purchase from neighboring communities. He raised concerns of the moratorium affecting the sale of Delta 8 products which he would like staff to clarify at the next meeting. He shared a Star Tribune article that showed sixty percent of Minnesotans support the legalization of marijuana and worried that actions like a moratorium could continue to undermine a better and more comprehensive legalization path. City Council Meeting Minutes -5- September 27, 2022 Mayor Regan Gonzalez read aloud comments from Council Member Whalen which stated his concerns regarding the use of edible cannabinoid products and supported that more research needs to be done while moving towards regulation on the use and licensing of the products. He stated that he is undecided on the vote, as the moratorium might not be the best tool to solve the problems. Council Member Trautmann agreed with Council Member Hayford Oleary on not criminalizing the use of cannabis much like alcohol and tobacco use. He shared that he supports the moratorium to allow staff the time to regulate the consumption and sale of cannabis products and shared concerns of how it could affect Delta 8 sales. Mayor Regan Gonzalez clarified that Council would have to have a majority vote of all Council Members to pass the ordinance. Acting City Attorney Sathe affirmed. Mayor Regan Gonzalez asked staff to speak to the specific concerns that Council Members have at the next meeting to help them feel more comfortable about their votes at the next meeting. Council Member Hayford Oleary stated that he will prepare detailed questions to staff in advance of the next meeting. Motion carried: 3-0 ITEM #9 CITY MANAGER’S REPORT City Manager Rodriguez echoed the Mayor’s comments regarding the shooting at the Richfield Homecoming game and thanked the Public Safety for the quick response. She also thanked the staff at the schools and our community for the conversations. ITEM #10 CLAIMS AND PAYROLL M/Trautmann, S/Hayford Oleary that the following claims and payrolls be approved: U.S. BANK 9/27/2022 A/P Checks: 309469 – 309758 $2,521,539.12 Payroll: 173267 – 173573 $768,117.39 TOTAL $3,289,656.51 Motion carried: 3-0 ITEM #11 HATS OFF TO HOMETOWN HITS Council Member Trautmann extended thanks and appreciation for Penn Fest, particularly Gordon Hanson and other community volunteers and staff that were involved. He also shared his sorrow on the shooting and tipped his hat to the public safety for their response. He hoped that community members use this time to create deeper relationships with their neighbors. Council Member Hayford Oleary echoed the sentiments of Council Member Trautmann, was grateful to the schools and the police response, and appreciated how the police department kept the public informed. He recognized Penn Fest, especially Gordon Hanson, Dave Gepner, and City Staff for their contributions to the event. City Council Meeting Minutes -6- September 27, 2022 Mayor Regan Gonzalez read aloud a comment from Council Member Whalen regarding the proclamation recognizing LGBTQ+ History Month that thanked the Human Rights Commission for not only preparing the proclamations but for ensuring that the sentiments behind them guide our actions and he shared hopes to continue to use words and actions to support the LGBTQ folks in Richfield. Mayor Regan Gonzalez then shared that Penn Fest was so well attended which speaks volumes to connectivity and pride for our community. She commented on the community support to help prevent violence in our community and to come together through conversations, policies, actions, and partnerships. She thanked the officers, the school, and all the community members that have come together to response. ITEM #12 ADJOURNMENT The meeting was adjourned by unanimous consent at 7:45 p.m. Date Approved: October 11, 2022 Maria Regan Gonzalez Mayor Kari Sinning Katie Rodriguez City Clerk City Manager Proclamation of the City of Richfield WHEREAS, the Indigenous People of the Santee (eastern) bands of the Dakota Nation have lived upon the land of modern-day Richfield since time immemorial; and WHEREAS, the Santee People of the Dakota Nation were subject to ethnic cleansing and displaced from their homeland through coerced acceptance of land cession treaties, particularly those of 1837 and 1851, which were inequitable from the start and ultimately executed in bad faith by local and federal government entities; and WHEREAS, the City of Richfield strives to eliminate systemic racism and discrimination towards Indigenous Peoples, to celebrate and honor Indigenous People to better honor their experiences and to hold in esteem their roots, history, and contributions to our culture; and to dedicate to this effort a month of intentional reflection; and WHEREAS, November is recognized as National Native American Heritage month; and WHEREAS, the City of Richfield recognizes the month of November 2022 as Native American Heritage Month to promote authentic appreciation, tolerance, reconciliation, understanding, friendship, and continued partnerships among all of its people and the Indigenous Peoples of this land. Now, THEREFORE, I, Maria Regan Gonzalez, Mayor of Richfield, on behalf of the Richfield City Council, do hereby proclaim November 2022 as Native American Heritage Month in the City of Richfield and call on the people of Richfield to observe this month with appropriate programs, activities, and ceremonies, and continue to honor the contributions of Indigenous Americans throughout the year. PROCLAIMED this 11th day of October 2022. Maria Regan Gonzalez, Mayor AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #3.A. STAFF REPORT NO. 144 CITY COUNCIL MEETING 10/11/2022 REPORT PREPARED BY: Jennifer Anderson, Support Services Manager DEPARTMENT DIRECTOR REVIEW: Jay Henthorne, Director of Public Safety/Chief of Police 10/5/2022 OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: Katie Rodriguez, City Manager 10/5/2022 ITEM FOR COUNCIL CONSIDERATION: Consider the approval of the first reading of an ordinance amending Section 925 of the Richfield City Code to include new language addressing what refuse is and the accumulation of it. EXECUTIVE SUMMARY: The elimination of the old garbage code, along with the absence of the "refuse" definition in the new Organized Hauling code has made public nuisance enforcement more challenging without language that addresses what refuse is, and the accumulation of it. The new language being proposed encompasses what is typically observed as public nuisance violations and will make enforcement an easier process under Section 925- Nuisance. RECOMMENDED ACTION: By Motion: Approve the first reading of an ordinance amending Section 925 of the Richfield City Code and schedule a second reading for October 25, 2022 BASIS OF RECOMMENDATION: A.HISTORICAL CONTEXT The refuse definition in the former garbage code was used frequently by Environmental Health (EH) to enforce public nuisance violations related to the accumulation of refuse. This definition no longer exists in the new 601 Solid Waste code. Approving the new accumulation of refuse language under the Nuisance code (925) allows EH to more easily enforce public nuisance violations related to accumulation of refuse. B.POLICIES (resolutions, ordinances, regulations, statutes, etc): Section 925 of the Richfield City Code pertains to Public Nuisances and the process for enforcement and abatement. C.CRITICAL TIMING ISSUES: N/A D.FINANCIAL IMPACT: N/A E.LEGAL CONSIDERATION: The City Attorney has reviewed the ordinance and approves of its contents. ALTERNATIVE RECOMMENDATION(S): The City Council may decide to not approve the first reading of the ordinance and direct staff how to proceed. PRINCIPAL PARTIES EXPECTED AT MEETING: ATTACHMENTS: Description Type Accumulation of refuse Cover Memo BILL NO. ______ AN ORDINANCE AMENDING SECTION 925 OF THE RICHFIELD CITY CODE PERTAINING TO PUBLIC NUISANCES AND REFUSE THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 925.01, subdivision 2 of the Richfield City Code is amended as follows: Subd. 2. Public nuisances affecting health. The following are declared to be nuisances affecting public health: (a) Exposed accumulations of decayed or unwholesome food or vegetable matter; (b) Diseased animals running at large; (c) Ponds or pools of stagnant water; (d) Carcasses of animals not buried or destroyed within 24 hours after death; (e)(d) Accumulations of manure or rubbish refuse that affect public health by reason of appearance, odor, sanitation, or fire hazard, including accumulations of solid waste, garbage, trash, rubbish, litter, organic s or organic materials , and yard waste; animal carcasses; combustible material, such as wood, branches, brush; natural material , such as gravel, stone, and soil; non-combustible material, such as glass, brick, metal; waste debris resulting from construction, demolition, repair , or alteration of structures or buildings; vehicle s, vehicle parts, or tires; bulky waste, such as appliances, furniture, and mattresses; Composting of organics or organics materials pursuant to the Richfield City Code, subsection 601.13 shall not be considered a public nuisance pursuant to this sub-section; (f)(e) Privy vaults and garbage cans which are not rodent free or flytight, or which are so maintained as to constitute a health hazard, or to emit foul and disagreeable odors; (g)(f) The pollution of any public well or cistern, stream, lake, canal or body of water by sewerage, creamery or industrial wastes, or other substances; (h)(g) Poisonous plants including but not limited to poison ivy, poison oak, and ragweed, plants detrimental to health; any growth of weeds, grass, brush or other rank vegetation to a greater height than six (6) inches on the average; and accumulations of dead weeds, grass or brush; (i)(h) Dense smoke, noxious fumes, gas or soot, or cinders in unreasonable quantities; (j)(i) Offensive trades and businesses as defined by statute not licensed by the city board of health as provided by law; (k)(j) Public exposure of persons having a contagious disease; and (l)(k) Overcrowding a room or portion of a dwelling with long-term storage of items, goods, or any material so as to prevent upkeep, maintenance, or regular housekeeping. A room may be considered overcrowded when storage covers an excessive amount of the floor area of a room, constitutes a potential excessive fire load, prevents access to windows or doors, prevents access to or obstructs mechanical systems or air movement, effectively eliminates use and access to required electrical devices, impedes access and movement of emergency personnel, blocks hallways, limits the operation of doors or provides pest harborage. Section 2. This ordinance will be effective in accordance with Section 3.09 of the City Charter. Adopted by the City of Richfield this ___ day of _________, 2022. Maria Regan Gonzalez, Mayor ATTEST: Kari Sinning, City Clerk AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #3.B. STAFF REPORT NO. 145 CITY COUNCIL MEETING 10/11/2022 REPORT PREPARED BY: Amy Markle, Recreation Services Director DEPARTMENT DIRECTOR REVIEW: Amy Markle, Recreation Services Director 10/3/2022 OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: Katie Rodriguez, City Manager 10/5/2022 ITEM FOR COUNCIL CONSIDERATION: Consider a resolution authorizing staff to submit an application for a Hennepin Youth Sports Program Facility Grant to expand the Augsburg Park Skate Park and execute a grant agreement, if awarded. EXECUTIVE SUMMARY: The Recreation Department is applying for a Hennepin County Youth Sports Program Facility Grant in the amount of $90,000 to help fund the expansion of the Augsburg Park Skate Park, a $180,000 project. The other half of the funding will be sourced from existing capital improvement budget funds through liquor store proceeds. Staff has kept the Community Services Commission updated on the proposed expansion. RECOMMENDED ACTION: By motion: Approve a resolution authorizing staff to submit an application for a Hennepin Youth Sports Program Facility Grant to expand the Augsburg Park Skate Park and execute a grant agreement, if awarded. BASIS OF RECOMMENDATION: A.HISTORICAL CONTEXT The Augsburg Skate Park was built in 2012, after a group of skateboarders had approached Richfield Recreation about the possibility of constructing one. The facility qualifies as a "tier-one" facility for insurance purposes, which means that, like playground equipment, staff supervision is not required. The expansion is in response to a suggestion from the Richfield High School Skate Club to expand the facility to include more beginner-level features and allow for more space between easier features and more advanced features. The adjacent area had been previously used as a basketball court and provides an existing asphalt pad. B.POLICIES (resolutions, ordinances, regulations, statutes, etc): All Hennepin County Youth Sports Program Grants are required to execute a resolution, which authorizes the filing of the application and pledges to execute final agreements with Hennepin County if a grant is awarded. The attached resolution authorizes staff to do so. C.CRITICAL TIMING ISSUES: The Hennepin County Youth Sports Program Facility Grant application is due November 1, 2022, and requires the inclusion of this resolution. D.FINANCIAL IMPACT: The Hennepin County Youth Sports Program Facility Grant would provide $90,000 to match the City's $90,000 from the capital improvement budget, sourced from liquor store revenue. E.LEGAL CONSIDERATION: There are no legal considerations for this item. ALTERNATIVE RECOMMENDATION(S): Reject the resolution and miss an opportunity for a grant that would make it possible to expand the Augsburg Skate Park. PRINCIPAL PARTIES EXPECTED AT MEETING: ATTACHMENTS: Description Type Skate Park Expansion Grant Resolution Cover Memo 1 RC160-7-826780.v1 RESOLUTION NO. ____ RESOLUTION AUTHORIZING STAFF TO SUBMIT AN APPLICATION FOR A HENNEPIN YOUTH SPORTS PROGRAM FACILITY GRANT TO EXPAND THE AUGSBURG SKATE PARK AND EXECUTE A GRANT AGREEMENT, IF AWARDED. WHEREAS, the Hennepin County Board of Commissioners, via the Hennepin Youth Sports Program, provides for capital funds to assist local government units of Hennepin County for the development of sports or recreational facilities, and; WHEREAS, the City of Richfield (local government unit, hereinafter “LGU”) desires to expand the Augsburg Skate Park (“PROJECT”). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, the authorizing entity of the LGU, that: 1. The estimate of the total cost of developing PROJECT shall be $180,000. The LGU is requesting $90,000 from the Hennepin Youth Sports Program and will assume responsibility for providing matching funds of $90,000. 2. LGU is the owner of the property where the PROJECT is located. The LGU will own the property where PROJECT is located for at least the functional life of the facility, which is estimated to be 25 years. The PROJECT may not be converted to non-public or non- recreational uses within this time period without the approval of Hennepin County. 3. LGU agrees to assume one hundred (100) percent of operational and maintenance costs for PROJECT. LGU will operate PROJECT for its intended purpose as stated in the PROJECT application for the functional life of the facility. 4. LGU agrees to enter into necessary and required agreements with Hennepin County for the specific purpose of developing PROJECT and managing its long-term operation. 5. Amy Markle, Recreational Services Director for the LGU, is authorized and directed to execute the application for the Hennepin Youth Sports Program grant. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of October, 2022. Maria Regan Gonzalez, Mayor ATTEST: Kari Sinning, City Clerk AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #3.C. STAFF REPORT NO. 146 CITY COUNCIL MEETING 10/11/2022 REPORT PREPARED BY: Scott Kulzer, Administrative Aide/Analyst DEPARTMENT DIRECTOR REVIEW: Kristin Asher, Public Works Director 10/4/2022 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: Katie Rodriguez, City Manager 10/5/2022 ITEM FOR COUNCIL CONSIDERATION: Consider the approval of the bid tabulation and award a contract to U.S. Sitework, Inc., for the Sheridan Pond Maintenance Project Phase 1 in the amount of $223,450 and authorize the City Manager to approve contract changes up to $175,000 without further City Council consideration. EXECUTIVE SUMMARY: Richfield Public Works Stormwater Utility division initiated this project to improve the functional nature of the pond as well as to enhance the adjacent terrestrial area. Phase 1 will include dredging and re-shaping of the basin and storm sewer installation and Phase 2 will include the vegetative improvements including seed, plugs, and trees. Phase 1 will commence November 2022 and Phase 2 in the Spring of 2023. Sediment cores were taken where sediment will be removed in the basin and it is estimated that approximately 3700 tons of MPCA regulated material will be removed and disposed of. All dredged material will be hauled and disposed of by the contractor in a landfill facility permitted by the MPCA to accept these materials. Existing invasive plant species will be aggressively managed. This effort includes the removal of 91 trees greater than 8" in diameter (primarily ash) to open tree canopy for ground cover establishment, and planting of a diversity of pollinator plant species, including tree and shrub species next season. RECOMMENDED ACTION: By motion: Approve the bid tabulation and award a contract to U.S. Sitework, Inc., for the Sheridan Pond Maintenance Project Phase 1 in the amount of $223,450 and authorize the City Manager to approve contract changes up to $175,000 without further City Council consideration. BASIS OF RECOMMENDATION: A.HISTORICAL CONTEXT Sheridan Pond is part of the City's stormwater treatment system. Runoff carrying sediment is deposited in treatment ponds. Over time the sediment builds up and needs to be removed as part of regular maintenance. This will be the first significant dredging of Sheridan Pond in at least thirty years. The City let the project in January 2022 but chose to reject all bids and authorize reletting the project in Fall 2022. The previous bids were rejected due to higher than anticipated bid prices related to the project's schedule. B.POLICIES (resolutions, ordinances, regulations, statutes, etc): Performing stormwater pond maintenance fulfills requirements set forth in the City's Municipal Separate Storm Sewer System (MS4) permit and Stormwater Pollution Prevention Plan (SWPPP). Contracts estimated to have a value over $175,000 must be made by sealed bids, solicited by public notice, and awarded to the lowest responsible bidder. C.CRITICAL TIMING ISSUES: Public Works staff is in communications with the prospective contractor about the project schedule and the timing for an open house with the public. Award of the contract at the October 11, 2022 City Council meeting will allow the contractor to begin site preparation and earth work before the onset of winter. D.FINANCIAL IMPACT: Twelve bids were opened and read aloud at the bid opening on September 29, 2022, ranging from $223,450.00 to $497,121.06. Funding for the Sheridan Pond Maintenance Project was included in the 2022 Adopted budget and will remain in the 2022 Revised/2023 Proposed budget and is funded through stormwater user fees. The engineer's estimate for Phase 1 was $330,000. Staff anticipates receipt of a $20,000 grant from the Minnesota Board of Water and Soil Resources which will be used to fund part of the cost of the project. E.LEGAL CONSIDERATION: The bid opening held on September 29, 2022 was in accordance with legal requirements. The ad for bid was published on September 1, 2022 in the Sun Current. ALTERNATIVE RECOMMENDATION(S): None PRINCIPAL PARTIES EXPECTED AT MEETING: None ATTACHMENTS: Description Type Bid Tab Exhibit CITY OF RICHFIELD, MINNESOTA Bid Opening September 29, 2022 10:00 a.m. Sheridan Pond Dredging Project Bid No. 22-06 Pursuant to requirements of Resolution No. 1015, a there was a meeting of Administrative Staff and it was stated that the purpose of the meeting was to receive; open and read aloud bids for the Sheridan Pond Dredging Project, as advertised in the official newspaper on September 1, 2022. Present: Kari Sinning, City Clerk Scott Kulzer, Public Works Administrative Aide Chris Swanson, Management Analyst The following bids were submitted and read aloud: Bidder’s Name ADA Certificate Bond Non-Collusion Intent to Comply Responsible Contractor Certificate Total Base Bid US Sitework Provided Provided Provided Provided Provided $223,450.00 Viet & Company, Inc. Provided Provided Provided Provided Provided $289,406.95 Sunram Construction, Inc. Provided Provided Provided (after the fact) Provided Provided $295,025.00 Frattalone Companies Provided Provided Provided Provided Provided $303,028.25 Peterson Companies Provided Provided Provided Provided Provided $320,376.72 Rachel Contracting, LLC Provided Provided Provided Provided Provided $325,505.00 New Look Contracting, Inc. Provided Provided Provided Provided Provided $345,373.50 Dimke Excavating Provided Provided Provided Provided Provided $370,157.80 Meyer Contracting Inc. Provided Provided Provided Provided Provided $370,278.65 Nadeau Companies Missing Provided Provided Provided Provided $410,323.75 Bituminous Roadways Inc. Provided Provided Provided Provided Provided $487,515.00 Michels Marine Provided Provided Provided Provided Provided $497,121.06 The City Clerk announced that the bids would be tabulated and considered at the October 11, 2022 City Council Meeting. _______________________ Kari Sinning, City Clerk AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #3.D. STAFF REPORT NO. 147 CITY COUNCIL MEETING 10/11/2022 REPORT PREPARED BY: Jennifer Anderson, Support Services Manager DEPARTMENT DIRECTOR REVIEW: Jay Henthorne, Director of Public Safety/Chief of Police 10/5/2022 OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: Katie Rodriguez, City Manager 10/5/2022 ITEM FOR COUNCIL CONSIDERATION: Consider the renewal of the Public Health and Environmental Health Mutual Aid Agreement. EXECUTIVE SUMMARY: The Public Health and Environmental Health Mutual Aid Agreement is designed to strengthen the preparedness of the public health system in Minnesota. It was last approved by the City Council in late 2017. This is a five year agreement with the new agreement effective from January 1, 2023 - December 31, 2027. Emergencies may occur in the future which will require local public health entities to come to the aid and assistance of other local public health entities. Therefore, the intent of the agreement is to make personnel, equipment and other resources available to other participants in the event of an emergency, training, drill and/or exercise. RECOMMENDED ACTION: By Motion: Approve the Public Health and Environmental Health Mutual Aid Agreement. BASIS OF RECOMMENDATION: A.HISTORICAL CONTEXT Minnesota State Statues Section 471.59 states that political subdivisions of the State of Minnesota may jointly and cooperatively exercise powers common to each of the contracting parties. In 2006, a total of eleven political subdivisions met and cooperatively prepared a Public Health Mutual Aid Agreement between them to strengthen the preparedness of the public health system in Minnesota. This mutual aid agreement was originally approved by the Richfield City Council in January 2007. It should be noted that Richfield does not have its own personnel staffing the food inspection responsibilities for Richfield but rather contracts with the City of Bloomington for these services. B.POLICIES (resolutions, ordinances, regulations, statutes, etc): It is recognized and acknowledged that in certain situations, including but not limited to, natural disasters, public health emergencies, technological hazards, man-made disasters, civil emergencies, community disorders, insurgency or enemy attack, or training, drills or exercises in preparation for any of these eventualities, the use of personnel, equipment, supplies and/or services of a local public health entity to perform functions outside its jurisdictional limits is desirable and necessary to preserve and protect the health, safety and welfare of the citizens of the State of Minnesota. C.CRITICAL TIMING ISSUES: This new agreement must be approved and forwarded to Hennepin County before December 31, 2022, so that the City can continue to participate in the mutual aid agreement. D.FINANCIAL IMPACT: E.LEGAL CONSIDERATION: The City Attorney has reviewed this agreement and approved its contents. ALTERNATIVE RECOMMENDATION(S): The City Council could choose not to approve the Public Health and Environmental Health Mutual Aid Agreement and direct staff how to proceed. PRINCIPAL PARTIES EXPECTED AT MEETING: ATTACHMENTS: Description Type Mutual Aid Agreement Cover Memo HC Agreement A2211245 MUTUAL AID AGREEMENT Public Health and Environmental Health Entities in Metropolitan Minnesota This Public Health and Environmental Health Entities In Metropolitan Minnesota Mutual Aid Agreement (“Agreement”) is among the County of Anoka, County of Carver, County of Dakota, County of Hennepin, County of Ramsey, County of Scott, County of Washington, City of Bloomington, City of Brooklyn Park, City of Edina, City of Maplewood, City of Minneapolis, City of Minnetonka, City of Richfield, City of Wayzata, and the University of Minnesota (the “Party” or “Parties” depending on context). WHEREAS, pursuant to Minnesota Statutes Section 471.59, governmental units of the State of Minnesota may jointly and cooperatively exercise powers common to each of the contracting parties; and WHEREAS, the purpose of this Agreement is to strengthen the preparedness of the public health and environmental health system in Minnesota; and WHEREAS, emergencies may occur in the future which will require local public health and/or environmental health entities to come to the aid and assistance of other local public health or environmental health entities; and WHEREAS, the Parties participating in this Agreement have determined that it is in their best interests to assist one another in the event of an emergency, training, drill or exercise; and WHEREAS, the intent of this Agreement is to make personnel, equipment, and other resources available to governmental units in the event of an emergency, training, drill or exercise. NOW, THEREFORE, in consideration of the foregoing, the Parties agree as follows: I. PURPOSE In certain situations, including but not limited to, natural disasters, public health emergencies, technological hazards, man-made disasters, civil emergencies, community disorders, insurgency or enemy attack, disease outbreaks, or special events, or trainings, drills or exercises in preparation for any of these eventualities, the cooperative use of the personnel, equipment, supplies and/or services of local governmental units is desirable and necessary to preserve and protect the health, safety and welfare of the citizens of the State of Minnesota. This Agreement only addresses assistance provided by a Participating party in response to a request made by a Requesting party and does not affect the applicability of Minn. Stat. § 12.331, Minn. Stat. § 12.33, or other pertinent laws to other activities that may be undertaken by a political subdivision. 2 The Parties to this Agreement intend that the Agreement serve as a valid written agreement for mutual aid as required by FEMA in requesting reimbursement for those reasonable eligible costs incurred as a result of a qualifying emergency. II. DEFINITIONS For the purposes of this Agreement, the following terms shall be defined as follows: A. “Assistance” means Public Health, Environmental Health, Behavioral Health, or Human Services resources, such as personnel, services, equipment, supplies, and facilities. B. “Assisting Official” means the person designated by a Party who is responsible to determine whether and to what extent that Party should provide assistance to a Requesting Party. C. “Assisting Party” means a Party that provides Assistance to a Requesting Party under this Agreement. D. “Employee” means those personnel currently working for a Party including, elected and appointed officials, officers and volunteers who are registered with and under the direction and control of that Party as required by Minn. Stat. §12.22, subd. 2a (a). E. “Incident” means an occurrence, natural or manmade, that requires a response to protect life or property. Incidents can, for example, include major disasters, emergencies, terrorist attacks, terrorist threats, civil unrest, wild land and urban fires, floods, hazardous materials spills, nuclear accidents, aircraft accidents, earthquakes, tornadoes, war-related disasters, public health and medical emergencies, and other occurrences requiring an emergency response, or special events, or trainings, drills or exercises in preparation for any of these eventualities. F. “Party” or “Parties” means the local public health, environmental health, or human services authority of a governmental unit that is a signatory to this Agreement. G. “Requesting Official” means the person designated by a Requesting party who is responsible for requesting Assistance from the other Participating parties. H. “Requesting Party” means a Party that requests assistance from one or more other Participating parties. 3 III. PROVISION OF MUTUAL AID A. Request for Assistance. Whenever, in the opinion of a Requesting Official, there is a need for Assistance from other Parties relating to an Incident, the Requesting Official may, orally or in writing, call upon the Assisting Official of any other Party to furnish assistance. The Requesting Party, within a reasonable period of time, shall provide each Assisting Party with a written confirmation of the need for assistance including details regarding requested resources, timelines/schedules and location(s) for Assistance. B. Response to Request. Upon the oral or written request for Assistance from a Requesting Party, the Assisting Official may authorize and direct the Party’s personnel to provide assistance to the Requesting Party. This decision will be made after considering the needs of the Assisting Party and the availability of resources. Once Assistance has been authorized, the Assisting Party, within a reasonable period of time, shall provide the Requesting Party with a written confirmation of assistance including details regarding the personnel and resources to be provided and when they will be available. C. Recall and Release of Assistance. The Assisting Official may at any time recall such Assistance when in his or her sole discretion or by an order from the governing body of the Assisting Party or its designee, it is considered to be in the best interest of the Assisting Party to do so. The Requesting Party may at any time release an Assisting Party or an individual from providing any further Assistance D. State Declared Emergency. If the State of Minnesota or an authorized state agency declares an emergency, the statutes and administrative rules pertaining to state declared emergencies shall prevail where they conflict with the provisions of this Agreement. E. Command and Control. The Requesting Party shall be responsible for command of the Incident for which Assistance is requested. Resources deployed by the Assisting Party(s) shall be under the direction and control of the Requesting Party until the Assisting Official(s) withdraw Assistance; or the Requesting Party delegates direction and control of the Incident to the Assisting Party(s). If direction and control is delegated, the Requesting Party shall transfer command in writing. At a minimum, the writing transferring command shall identify the Assisting Party’s scope of authority and Incident objectives. As necessary, it shall also identify pertinent legal and policy restraints, cost considerations, and other pertinent information. This Agreement does not prevent Participating parties from managing an Incident under a unified incident command structure, as that term, or a similar term, is used and commonly accepted in the industry. 4 IV. LIABILITY The liability of the Parties shall be governed by the provisions herein and by Minnesota Statute Section 471.59. A. For purposes of determining total liability for damages, the Parties are considered a single governmental unit and the total liability for all Parties shall not exceed the limits on governmental liability for a single governmental unit, subject to the limits of liability under Minnesota Statutes Chapter 466 and as set forth in Minnesota Statutes, Section 471.59, subd. la(a) and 1a(b) as well as all other applicable laws, rules, and regulations, including common law. Under no circumstances shall a Party be required to pay on behalf of itself and other Parties, any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 or other law applicable to any one Party. The statutory limits of liability for some or all of the Parties may not be added together or stacked to increase the maximum amount of liability for any Party. B. Each Party requesting Assistance shall defend, indemnify and hold harmless each Party providing Assistance, its Employees, officers and elected and appointed officials against any and all claims brought or actions filed against the Party providing Assistance and its Employees for injury to, death of, or damage to the property of any third person or persons, for claims arising from performance hereunder and/or the provision of Assistance in responding to a request for Assistance pursuant to this Agreement. C. For purposes of Minnesota Statutes Chapter 466, the Employees of the Assisting Party are deemed to be employees (as defined in Minnesota Statute Section 466.01, subdivision 6) of the Requesting Party, but only for purposes of addressing liability under this Agreement. D. Each Party agrees to promptly notify the other participating parties if it knows or becomes aware of any facts or allegations reasonably giving rise to actual or potential liability, claims, causes of action, judgments, damages, losses, costs or expenses, including attorney’s fees, involving or reasonably likely to involve the other Parties, and arising out of acts or omissions related to this Agreement. E. No Party to this Agreement or any Employee of any Party shall be liable to any other Party or to any other person for failure of any Party to furnish Assistance to any other Party, or for recalling or releasing Assistance as described in this Agreement. F. If a Party utilizes contractors or agents to provide services or Assistance under this Agreement, the Party shall execute a contract with any such contractor(s) and agent(s) including, to the extent practicable, the following language: 5 “Contractor shall defend, indemnify, and hold harmless (insert name of Party/jurisdiction), its officials, officers, agents, volunteers and employees 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 contractor, a subcontractor, anyone directly or indirectly employed by them, and/or anyone for whose acts and omissions they may be liable in the performance of the services required by this Contract, and against all loss by reason of the failure of the contractor to perform fully, in any respect, all obligations under this contract. In order to protect the contractor and those listed above under the indemnification provision, the contractor agrees at all times during the term of this Contract, and beyond such term when so required, to have and keep in force the following insurance coverages, in amounts equal at least to the municipal tort liability limits of Minnesota Statutes Chapter 466 or other applicable law as currently in effect or as may be amended from time to time, unless specific dollar limits are otherwise provided herein: (1) Commercial General Liability on an occurrence basis with contractual liability coverage: General Aggregate Products—Completed Operations Aggregate Personal and Advertising Injury Each Occurrence—Combined Bodily Injury and Property Damage (2) Workers’ Compensation and Employer’s Liability: Workers’ Compensation As required by Minnesota law. Employer’s Liability. Bodily injury by: Accident—Each Accident Disease—Policy Limit Disease—Each Employee (3) Professional Liability—Per Claim and Aggregate The professional liability insurance must be maintained continuously for a period of two years after the termination of this Agreement. 6 (4) Automobile Liability contractor shall maintain automobile liability and, if necessary, commercial umbrella insurance. Such insurance shall cover liability for bodily injury and property damage arising from the use or operation of any auto, including those owned, hired or otherwise operated or used by or on behalf of contractor. An umbrella or excess policy over primary liability insurance coverages is an acceptable method to provide the required insurance limits. The above establishes minimum insurance requirements. It is the sole responsibility of the contractor to determine the need for and to procure additional insurance which may be needed in connection with this contract. Copies of insurance policies shall be promptly submitted to (the contracting party/jurisdiction) upon written request. The contractor shall not commence work until it has obtained required insurance. The certificate(s) shall name (the contracting party/jurisdiction) as the certificate holder and as an additional insured for the liability coverage(s) with respect to operations covered under the Contract. The contractor shall furnish to (insert name of Party/jurisdiction) updated certificates during the term of this Contract as insurance policies expire. If the contractor fails to furnish proof of insurance coverages, (the contracting party/jurisdiction) may withhold payments and/or pursue any other right or remedy allowed under the contract, law, equity, and/or statute. (the contracting party/jurisdiction) does not waive any rights or assume any obligations by not strictly enforcing the requirements set forth in this section. Duty to Notify. The contractor shall promptly notify (the contracting party/jurisdiction) of any claim, action, cause of action or litigation brought against contractor, its employees, officers, agents or subcontractors, which arises out of the services contained in this Contract. The contractor shall also notify (the contracting party/jurisdiction) whenever contractor has a reasonable basis for believing that contractor and/or its employees, officers, agents or subcontractors, and/or (the contracting party /jurisdiction) might become the subject of a claim, action, cause of action, criminal arrest, criminal charge or litigation arising out of and/or related to the services contained in this Contract. Failure to provide the notices required by this section is a material violation of the terms and conditions of this Contract.” 7 V. WORKER’S COMPENSATION Each Party shall be responsible for injuries or death of its own Employees “to the extent required by law”. Each Party will maintain worker’s compensation insurance or self- insurance coverage, covering its own Employees while they are providing assistance pursuant to this Agreement. Each Party waives the right to sue any other Party for any worker’s compensation benefits paid to its own Employee or their dependents, even if the injuries were caused wholly or partially be the negligence of any other Party or employees. VI. DAMAGE TO EQUIPMENT, SUPPLIES, FACILITIES Each Party, to the extent a Party is at fault, shall be responsible for damages to or loss of its equipment, supplies and facilities while acting within the scope of this Agreement. VII. CHARGES TO THE REQUESTING PARTY A. No charges will be levied by an Assisting Party to this Agreement for Assistance rendered to a Requesting Party unless that Assistance continues for a period of more than eight (8) hours, as measured from the time Assisting Party begins to provide Assistance after being specifically directed by the Requesting Party to perform a task or tasks, or unless the Requesting Party is eligible to obtain reimbursement for expenses it incurred during this period from the United States, the State of Minnesota, or any other source. If there is some other reimbursement the Requesting Party shall take all steps necessary to seek reimbursement to the Assisting party for the actual cost of any Assistance provided during this initial eight (8) hour period including salaries, overtime, materials and supplies, and other necessary expenses. B. If Assistance provided under this Agreement continues for more than eight (8) hours, the Assisting Party shall submit to the Requesting Party an itemized bill for the actual cost of any Assistance provided after the initial eight (8) hour period, including salaries, overtime, materials and supplies and other necessary expenses and the Requesting Party shall reimburse the Assisting Party for that amount. Any such reimbursement request must be submitted in writing to the Requesting Party no later than ninety (90) days after the last day that the Assisting party provides the assistance. C. The ability to levy charges is not contingent upon the availability of federal or state government funds to reimburse the charges. 8 VIII. DURATION This Agreement will become effective as to each Party on the later of the date that the Party executes this Agreement or January 1, 2023, and shall terminate December 31, 2027, unless terminated sooner pursuant to section XI herein. Copies of the executed Agreement shall be provided to: Hennepin County Public Health Attention: Emergency Preparedness & Response Manager 300 Sixth Street South, MC-W770 Minneapolis, MN 55487 (612) 596-7064 IX. MERGER AND MODIFICATION A. The entire Agreement between the parties is contained herein and this Agreement supersedes all oral agreements and negotiations between the Parties relating to the subject matter hereof. The matters set forth in the “WHEREAS” clause at the beginning of this Agreement and all items that are referenced or that are attached are incorporated into 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. The Parties are each bound by their own electronic signature(s) on this Agreement, and each agrees and accepts the electronic signatures of the other Parties. B. Any alterations, variations, modifications, or waivers of 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 hereto. C. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. X. WITHDRAWAL A. Any Party may withdraw from this Agreement with or without cause by providing thirty (30) days’ prior written notice to the other Parties herein, consistent with XVI herein. Withdrawal shall not discharge any liability incurred by any Party prior to withdrawal. Such liability shall continue until discharged by law or agreement. C. The terms of Sections II, III, IV, V, VI, XI, and XII shall survive the expiration, termination or withdrawal from this Agreement. 9 XI. RECORDS – AVAILABILITY/ACCESS To the extent required by Minnesota Statutes Section 16C.05, Subd. 5 (as may be amended), the Parties agree that the any Party, the State Auditor, the Legislative Auditor or any of their duly authorized representatives, or ultimate funding sources, 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., which are pertinent to the accounting practices and procedures of the other Parties and involve transactions relating to this Agreement. Such materials shall be maintained and such access and rights shall be in force and effect during the period of the Agreement and for six (6) years after its termination or cancellation. XII. DATA PRIVACY Each Party, its Employees and subcontractors agree to abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, the Health Insurance Portability and Accountability Act and implementing regulations, if applicable, and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality, and as any of the same may be amended. XIII. COMPLIANCE All Parties shall comply with all applicable federal, state and local statutes, regulations, rules and ordinances in force or hereafter enacted. XIV. EXECUTION Each Party hereto has read, agreed to and executed this Mutual Aid Agreement on the date indicated. This Agreement may be executed in any number of counterparts, each counterpart for all purposes being deemed an original and all such counterparts shall together constitute one and the same agreement. XV. ADDITIONAL PARTIES AND COUNTERPARTS A local government unit may become a participant in this Agreement upon execution by its governing body and the consent of all of the Parties as evidenced by formal action of their governing bodies. Each Party, at its sole discretion, may designate and authorize an agent to act on behalf of the Party with respect to granting or withholding approval of the addition of a new Party under this section. XVI. CONTRACT ADMINISTRATION In order to coordinate the services so as to accomplish the purposes of this Agreement, each Party shall designate a contact person, and provide written notice to all other Parties of the name and pertinent contact information for that Party’s contact person. Parties 10 shall update this information in writing as needed to maintain current contact information. XVII. DISTRIBUTION OF PROPERTY Any property belonging to or acquired by any Party shall remain the property of that Party, until and unless ownership of the property is transferred by sale, donation, or other means memorialized in writing. THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK 11 The proper county officials having signed this Agreement, the parties agree to be bound by its provisions. COUNTY OF ANOKA STATE OF MINNESOTA By: __________________________ Jonelle Hubbard, Director Public Health and Environmental Services Date:_________________________ 12 Approved by Dakota County Board COUNTY OF DAKOTA Res. #_______ By: _________________________ Name: Commissioner Kathleen A. Gaylord Dakota County Board of Commissioners, Chair Date:________________________ Approval as to Form Attest: Signature ______________________ By: ___________________________ Name: Jennifer Reynolds Name _________________________ Sr. Administrative Coordinator to the Board Date:___________________________ Title __________________________ Date ___________ KS # _____________ 13 COUNTY BOARD APPROVAL GRANTOR, having signed this contract, and the County having duly approved this contract, and pursuant to such approval, the proper County officials having signed this contract, the parties hereto agree to be bound by the provisions herein set forth. COUNTY OF HENNEPIN STATE OF MINNESOTA By:_____________________ Chair of Its County Board Date: ___________________ ATTEST:__________________ Deputy/Clerk of County Board Date: ___________________ And:_____________________ Assistant/Deputy/County Administrator Reviewed by the County Date: ____________________ Attorney's Office ____________________________________ Assistant County Attorney Date: _______________________________ 14 RAMSEY COUNTY ________________________________ Trista MatasCastillo, Chair Ramsey County Board of Commissioners Date: ___________________________ ________________________________ Mee Cheng, Chief Clerk Ramsey County Board of Commissioners Date: ___________________________ Approved as to form and insurance: _______________________ Assistant County Attorney _______________________ Date: 15 COUNTY OF SCOTT AS TO FORM: _____________________________ Jeanne Andersen Assistant County Attorney _____________________________ Date ____________________________ Michael L. Beard, Chair Scott County Board of Commissioners ___________________________ Date ATTEST: ___________________________ Lezlie Vermillion Scott County Administrator ___________________________ Date 16 WASHINGTON COUNTY _________________________________________ County Board Chair Date Kevin Corbid Date County Administrator Approved as to form: Assistant County Attorney Date 17 CITY OF BLOOMINGTON, MINNESOTA DATED:____________________________ BY: ___________________________ Tim Busse Its: Mayor DATED:___________________________ BY:________________________________ James D. Verbrugge Its: City Manager Reviewed and approved by the City Attorney. __________________________ Melissa J. Manderschied 18 City of Edina _________________________________ _____________ Mayor: James Hovland Date _________________________________ _____________ City Manager: Scott Neal Date 19 City of Maplewood By: __________________________ Marylee Abrams Its: Mayor By: __________________________ Melinda Coleman City Manager Date: ______________, 2022 20 CITY OF MINNEAPOLIS, HEALTH DEPARTMENT 505 S. 4TH AVE. STE 520 MINNEAPOLIS, MN 55415-1321 By: ______________________________ Heidi Ritchie Interim Commissioner of Health Date: ______________________________ Countersigned: ________________________________ Finance Officer or Designee Approved as to form: ___________________________ Assistant City Attorney 21 Mutual aid agreement Twin Cities Public Health and Environmental Health Entities in Minnesota CITY OF MINNETONKA Brad Wiersum, Mayor Mike Funk, City Manager Date Signed 22 MAYOR MARIA REGAN GONZALEZ CITY COUNCIL SEAN HAYFORD OLEARY MARY SUPPLE SIMON TRAUTMANN BEN WHALEN CITY MANAGER KATIE RODRIGUEZ IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. City of Richfield, Minnesota DATED: ________________________ BY:______________________________ DATED:_________________________ BY:______________________________ 23 CITY OF WAYZATA By: ______________________ Date:________ City Manager Jeffrey Dahl Jdahl@wayzata.org By: ______________________ Date:________ Mayor Johanna Mouton johannamouton@wayzata.org 24 UNIVERSITY OF MINNESOTA OFFICE OF ACADEMIC CLINICAL AFFAIRS By: ___________________________________ Jakub Tolar, MD, PhD Dean of Medical School Vice President for Clinical Affairs Campus Public Health Officer Date: ___________________________________ AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # 5. STAFF REPORT NO. 148 CITY COUNCIL MEETING 10/11/2022 REPORT PREPARED BY: Rachel Lindholm, Sustainability Specialist DEPARTMENT DIRECTOR REVIEW: Amy Markle 10/3/2022 OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: Katie Rodriguez 10/5/2022 ITEM FOR COUNCIL CONSIDERATION: Public hearing and consider a resolution adopting the proposed assessment for unpaid garbage collection services from private property within the residential organized collection system from October 4, 2021 to July 31, 2022. EXECUTIVE SUMMARY: Garbage, recycling, organics, and yard waste services for most residential properties in the City is provided through the City's organized collection program, established in 2021. The City requires service to be provided by the haulers, even if a resident has not paid their service bills, as not having waste picked up is a public health concern. As a result of this requirement, the City agreed to take on the assessment process to resolve unpaid balances. As of October 3, 2022, City staff has determined the actual assessment costs of unpaid garbage collection services from October 4, 2021 - July 31, 2022 to be $100,268.94. This amount will continue to be adjusted as assessments are paid by owners or residents before being sent to the County. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Adopt a resolution adopting the assessment for costs incurred for unpaid garbage collection services between October 4, 2021 - July 31, 2022. BASIS OF RECOMMENDATION: A.HISTORICAL CONTEXT Richfield organized residential curbside garbage, recycling, organics, yard waste, and bulky item collection services for 1-3 unit homes in 2021. The 3 existing residential haulers each got a number of Richfield households to serve equal to their market share, and in the same area to coordinate collection more easily. This program has reduced the number of garbage trucks traveling on roads in Richfield, reduced air, noise, and other forms of pollution, and saved many households money while providing more service options. Haulers send out periodic notice (at least once per quarter) of non-payment and late fees, if applicable. This communication helps inform tenants and/or owners of the current situation regarding collection services at a specific property, and how to pay balances or who to contact with concerns. Over the past few months, city staff have worked to verify accounts being assessed and have worked with the haulers and residents/owners to resolve miscommunications or pay balances. B.POLICIES (resolutions, ordinances, regulations, statutes, etc): Minnesota State Statute requires the County be notified of all special assessments. The proposed assessment was properly filed with the City Clerk. Notices of the assessment hearing were mailed to the owner of each parcel described in the assessment roll on September 7, 2022. The public hearing notice was published in the official newspaper on September 22, 2022. C.CRITICAL TIMING ISSUES: The unpaid charges for garbage collection services must be assessed for certification to the County Auditor as stated in City Code 601.37. Each year the City shall list the total unpaid charges for current services. This list is available at the offices of the City Clerk and Public Works. The assessment roll is submitted to the County Auditor and is due to Hennepin County by the end of November annually. D.FINANCIAL IMPACT: The costs to be assessed for unpaid garbage collection services for private property under the organized collection system during the period October 4, 2021, through July 31, 2022, have been determined to be $100,268.94. The property owner may pay the original principal amount without interest within 30 days from the date the Council adopts the assessment. The unpaid balance will be paid over one (1) assessment period with a five percent (5%) interest rate. E.LEGAL CONSIDERATION: The City Attorney has reviewed the resolutions and will be available to answer any questions. ALTERNATIVE RECOMMENDATION(S): None PRINCIPAL PARTIES EXPECTED AT MEETING: Property owners on the assessment roll. ATTACHMENTS: Description Type Unpaid Garbage Collection Assessment Resolution Resolution Letter Unpaid Garbage Collection Assessment Roll Exhibit RESOLUTION NO. RESOLUTION ADOPTING ASSESSMENT FOR UNPAID GARBAGE COLLECTION SERVICE FROM OCTOBER 4, 2021 THROUGH JULY 31, 2022 WHEREAS, unpaid charges have been determined for garbage collection services from private property within the residential organized collection system in the City of Richfield and the unpaid charges incurred for such work ordered during the period of October 4, 2021 through July 31, 2022 amount to $102,477.45. WHEREAS, pursuant to proper notice duly given as required by law, the council has met and passed upon all objections to the proposed assessment for garbage collection services from private property within the residential organized collection system in the City of Richfield and the unpaid charges incurred for such work. Address NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota: 1. Such proposed assessment roll, in the amount of $102,477.45, is hereby accepted and shall constitute the special assessment against the lands named herein, and each tract of land therein included is hereby found to be benefited by the proposed current services in the amount of the assessment levied against it. 2. Such assessment shall be payable in no more than one annual installment and shall bear interest at the rate of five (5%) percent from the date of adoption of this assessment resolution. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property with interest accrued to the date of payment, to the residential organized collection business serving their property, except that no interest shall be charged if the entire assessment is paid by November 11, 2022. A property owner may, at any time prior to November 14, pay to the residential organized collection business serving their property the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment roll to the County Auditor to be extended on the property tax lists of the County and such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of October, 2022. ______________________________ Maria Regan Gonzalez, Mayor ATTEST: _____________________________ Kari Sinning, City Clerk Report Name: SA_MasterPrinted:10/3/2022Page: 1Special Assessment Master ReportS/A Number: 22029City of RichfieldPayment Number: 0 Of: 1S/A Number:22029Assessment Total: $129,455.76 Interest Rate: 5.00001st Yr. Int. Months: 121st Yr. Payable: 2023Description: 22 GARBAGE COLLECTIONOpened Date: 1st Hearing: 2nd Hearing: Levied: Amortization Type: SCounty Admin Fee: $0.00Status: PendingProject Nbr: Fund: Contract Nbr: Fin Acct Nbr: Resolution Number: Continue Calculating Deferred: YesInt Acct Nbr: Sub Status: Street NameClosed DescTotal AssessmentPayoff AmtProperty IDHouseUnitStOrig Assessment$294.0725-028-24-33-0060 6813 Cedar Ave S $294.07A$294.07$261.0026-028-24-11-0025 6345 Bloomington Ave S$261.00A$261.00$282.9626-028-24-12-0001 6214 13th Ave S$282.96A$282.96$372.9926-028-24-12-0010 6320 13th Ave S$372.99A$372.99$261.0026-028-24-12-0027 6333 12th Ave S$261.00A$261.00$261.0026-028-24-12-0033 1413 62nd St E$261.00A$261.00$261.0026-028-24-12-0035 1421 62nd St E$261.00A$261.00$211.0026-028-24-12-0050 6240 Bloomington Ave S$211.00A$261.00$154.6726-028-24-12-0069 6237 14th Ave S$154.67A$154.67$261.0026-028-24-12-0081 6324 15th Ave S$261.00A$261.00$360.9926-028-24-12-0083 6332 15th Ave S$360.99A$360.99$195.0426-028-24-12-0101 6312 Bloomington Ave S$195.04A$195.04$241.4726-028-24-12-0132 6221 13th Ave S$241.47A$241.47$261.0026-028-24-13-0061 6438 15th Ave S$261.00A$261.00$261.0026-028-24-13-0070 6417 14th Ave S$261.00A$261.00$204.6626-028-24-13-0080 6520 15th Ave S$204.66A$204.66$204.6626-028-24-13-0094 6501 14th Ave S$204.66A$204.66$524.4326-028-24-13-0132 6500 14th Ave S$524.43A$524.43$208.8726-028-24-13-0145 6515 13th Ave S$208.87A$208.87$360.9926-028-24-13-0147 6501 13th Ave S$360.99A$360.99$261.0026-028-24-14-0081 6428 16th Ave S$261.00A$261.00$204.6626-028-24-14-0086 6445 Bloomington Ave S$204.66A$204.66$369.9626-028-24-14-0088 6437 Bloomington Ave S$369.96A$369.96$186.9926-028-24-14-0098 6504 16th Ave S$186.99A$186.99$141.4826-028-24-14-0099 6508 16th Ave S$141.48A$141.48$261.0026-028-24-14-0109 1528 66th St E$261.00A$261.00 Report Name: SA_MasterPrinted:10/3/2022Page: 2Special Assessment Master ReportS/A Number: 22029City of RichfieldStreet NameClosed DescTotal AssessmentPayoff AmtProperty IDHouseUnitStOrig Assessment$255.2126-028-24-14-0113 6521 Bloomington Ave S $255.21A$255.21$232.8326-028-24-21-0014 6238 12th Ave S$232.83A$232.83$261.0026-028-24-21-0025 6221 11th Ave S$261.00A$261.00$261.0026-028-24-21-0030 6301 11th Ave S$261.00A$261.00$332.8226-028-24-21-0032 6315 11th Ave S$332.82A$332.82$255.2126-028-24-21-0034 6327 11th Ave S$255.21A$255.21$304.6526-028-24-31-0010 6645 11th Ave S$304.65A$304.65$332.8226-028-24-31-0026 6633 10th Ave S$332.82A$332.82$261.0026-028-24-31-0027 6627 10th Ave S$261.00A$261.00$134.4126-028-24-31-0029 6615 10th Ave S$134.41A$134.41$359.9026-028-24-31-0038 6645 Elliot Ave S$359.90A$359.90$511.5126-028-24-31-0076 6714 10th Ave S$511.51A$511.51$360.9926-028-24-31-0086 6721 Elliot Ave S$360.99A$360.99$424.4426-028-24-32-0027 6631 Oakland Ave S$424.44A$424.44$261.0026-028-24-32-0067 6715 Park Ave$261.00A$261.00$186.9926-028-24-32-0085 619 67th St E$186.99A$186.99$360.9926-028-24-32-0125 626 68th St E$360.99A$360.99$232.8326-028-24-32-0132 600 68th St E$232.83A$232.83$394.0726-028-24-33-0024 6929 Park Ave$394.07A$394.07$362.3126-028-24-33-0029 6933 Columbus Ave S$362.31A$362.31$162.5826-028-24-33-0030 6932 Chicago Ave S$162.58A$162.58$294.0726-028-24-33-0056 6915 Oakland Ave S$294.07A$294.07$362.3126-028-24-33-0118 709 68th St E$362.31A$362.31$362.3126-028-24-34-0047 6915 10th Ave S$362.31A$362.31$187.0026-028-24-34-0069 6815 10th Ave S$187.00A$187.00$230.5726-028-24-34-0082 6821 Elliot Ave S$230.57A$230.57$294.0726-028-24-34-0088 6829 Elliot Ave S$294.07A$294.07$187.0026-028-24-34-0127 6900 Elliot Ave S$187.00A$187.00$177.6126-028-24-41-0017 6621 16th Ave S$177.61A$177.61$187.0026-028-24-42-0024 6727 15th Ave S$187.00A$187.00$394.0726-028-24-42-0033 6632 13th Ave S$394.07A$394.07$294.0726-028-24-42-0072 6647 14th Ave S$294.07A$294.07$207.0726-028-24-42-0088 6704 14th Ave S$207.07A$294.07$262.3126-028-24-42-0093 6732 14th Ave S$262.31A$262.31$291.1726-028-24-42-0113 6726 15th Ave S$291.17A$291.17$294.0726-028-24-42-0138 6627 14th Ave S$294.07A$294.07$212.8626-028-24-43-0004 6901 14th Ave S$212.86A$212.86$294.0726-028-24-43-0077 6920 13th Ave S$294.07A$294.07$294.0726-028-24-43-0080 6911 12th Ave S$294.07A$294.07$194.0726-028-24-43-0095 6935 12th Ave S$194.07A$194.07 Report Name: SA_MasterPrinted:10/3/2022Page: 3Special Assessment Master ReportS/A Number: 22029City of RichfieldStreet NameClosed DescTotal AssessmentPayoff AmtProperty IDHouseUnitStOrig Assessment$294.0726-028-24-44-0056 6844 16th Ave S$294.07A$294.07$262.3126-028-24-44-0065 6900 Cedar Ave S$262.31A$262.31$187.0026-028-24-44-0076 6927 18th Ave S$187.00A$187.00$294.0726-028-24-44-0092 6927 17th Ave S$294.07A$294.07$362.3126-028-24-44-0103 6938 17th Ave S$362.31A$362.31$132.8626-028-24-44-0116 6920 16th Ave S$132.86A$132.86$232.8327-028-24-11-0068 6320 4th Ave S$232.83A$232.83$255.2127-028-24-12-0007 6238 3rd Ave S$255.21A$255.21$273.9927-028-24-12-0013 6320 3rd Ave S$273.99A$273.99$339.9327-028-24-12-0020 6331 Nicollet Ave S$339.93A$339.93$629.1027-028-24-12-0022 6343 Nicollet Ave S$629.10A$629.10$232.8327-028-24-12-0031 6339 1st Ave S$232.83A$232.83$174.0027-028-24-12-0049 6227 Stevens Ave S$174.00A$174.00$217.8327-028-24-12-0062 6338 2nd Ave S$217.83A$217.83$177.6027-028-24-13-0045 6438 Stevens Ave S$177.60A$177.60$174.0027-028-24-13-0070 6509 1st Ave S$174.00A$174.00$168.2027-028-24-14-0002 6412 Portland Ave$168.20A$168.20$360.9927-028-24-14-0024 6428 5th Ave S$360.99A$360.99$332.8227-028-24-14-0028 6500 Portland Ave$332.82A$332.82$127.6027-028-24-14-0029 6508 Portland Ave$127.60A$127.60$261.0027-028-24-14-0044 327 Apple Ln$261.00A$261.00$111.0027-028-24-14-0053 356 Apple Ln$111.00A$111.00$261.0027-028-24-14-0058 330 Apple Ln$261.00A$261.00$261.0027-028-24-14-0063 6401 Clinton Ave S$261.00A$261.00$232.8327-028-24-14-0088 6539 3rd Ave S$232.83A$232.83$257.8827-028-24-21-0002 6224 Nicollet Ave S$257.88A$257.88$332.8227-028-24-21-0010 6231 Wentworth Ave$332.82A$332.82$234.7027-028-24-21-0017 6231 Pillsbury Ave$234.70A$234.70$261.0027-028-24-21-0055 6324 Blaisdell Ave S$261.00A$261.00$348.0027-028-24-21-0061 5 63rd St W$348.00A$348.00$232.8327-028-24-21-0072 6336 Nicollet Ave S$232.83A$232.83$369.9627-028-24-21-0073 6342 Nicollet Ave S$369.96A$369.96$424.4427-028-24-21-0075 6337 Blaisdell Ave S$424.44A$424.44$177.6027-028-24-21-0079 6342 Blaisdell Ave S$177.60A$177.60$360.9927-028-24-22-0016 6245 Harriet Ave$360.99A$360.99$332.8227-028-24-22-0018 6240 Harriet Ave$332.82A$332.82$324.8927-028-24-22-0042 6304 Pleasant Ave$324.89A$324.89$241.4827-028-24-22-0045 6322 Pleasant Ave$241.48A$241.48$330.9927-028-24-22-0057 6237 Grand Ave$330.99A$330.99$208.8227-028-24-22-0061 6236 Grand Ave$208.82A$208.82 Report Name: SA_MasterPrinted:10/3/2022Page: 4Special Assessment Master ReportS/A Number: 22029City of RichfieldStreet NameClosed DescTotal AssessmentPayoff AmtProperty IDHouseUnitStOrig Assessment$173.9927-028-24-22-0063 6229 Harriet Ave$173.99A$173.99$261.0027-028-24-22-0069 6236 Garfield Ave S$261.00A$261.00$261.0027-028-24-22-0073 308 64th St W$261.00A$261.00$261.0027-028-24-23-0035 6426 Pleasant Ave$261.00A$261.00$145.0027-028-24-23-0053 415 64 1/2 St W$145.00A$145.00$160.9927-028-24-24-0031 6414 Blaisdell Ave S$160.99A$160.99$323.3327-028-24-24-0039 6400 Nicollet Ave S$323.33A$323.33$360.9927-028-24-24-0044 6421 Blaisdell Ave S$360.99A$360.99$232.8327-028-24-24-0047 6401 Blaisdell Ave S$232.83A$232.83$294.0727-028-24-31-0020 6725 Pillsbury Ave$294.07A$294.07$187.0527-028-24-31-0024 6742 Pillsbury Ave$187.05A$187.05$294.0727-028-24-33-0043 6944 Grand Ave$294.07A$294.07$294.0727-028-24-33-0063 6824 Pleasant Ave$294.07A$294.07$362.3127-028-24-33-0071 6829 Grand Ave$362.31A$362.31$294.0727-028-24-34-0049 6802 Nicollet Ave S$294.07A$294.07$142.7727-028-24-34-0050 6810 Nicollet Ave S$142.77A$142.77$394.0727-028-24-34-0095 6933 Pillsbury Ave$394.07A$394.07$294.0727-028-24-41-0010 6630 Portland Ave$294.07A$294.07$198.9927-028-24-41-0028 6620 5th Ave S$198.99A$198.99$294.0727-028-24-41-0041 6609 4th Ave S$294.07A$294.07$213.1027-028-24-41-0057 6641 Clinton Ave S$213.10A$213.10$478.2327-028-24-41-0059 6633 Clinton Ave S$478.23A$478.23$177.6427-028-24-41-0081 6637 3rd Ave S$177.64A$177.64$182.3127-028-24-42-0027 6725 2nd Ave S$182.31A$182.31$177.6127-028-24-42-0048 6745 Nicollet Ave S$177.61A$177.61$178.2327-028-24-42-0051 6727 Nicollet Ave S$178.23A$178.23$201.1927-028-24-42-0058 6608 3rd Ave S$201.19A$201.19$232.9027-028-24-42-0060 6617 2nd Ave S$232.90A$232.90$291.1727-028-24-42-0080 6620 3rd Ave S$291.17A$291.17$578.2327-028-24-42-0087 6645 2nd Ave S$578.23A$578.23$394.0727-028-24-42-0108 6633 Nicollet Ave S$394.07A$394.07$162.3127-028-24-43-0004 136 70th St E$162.31A$162.31$588.1427-028-24-43-0012 6957 1st Ave S$588.14A$588.14$362.3127-028-24-43-0034 6838 3rd Ave S$362.31A$362.31$250.7627-028-24-43-0072 6927 Nicollet Ave S$250.76A$250.76$294.0727-028-24-43-0074 6915 Nicollet Ave S$294.07A$294.07$162.6127-028-24-43-0094 136 69th St E$162.61A$162.61$230.5727-028-24-44-0086 6938 Portland Ave$230.57A$230.57$360.9928-028-24-11-0009 6314 Aldrich Ave S$360.99A$360.99$232.8328-028-24-11-0035 6239 Dupont Ave S$232.83A$232.83 Report Name: SA_MasterPrinted:10/3/2022Page: 5Special Assessment Master ReportS/A Number: 22029City of RichfieldStreet NameClosed DescTotal AssessmentPayoff AmtProperty IDHouseUnitStOrig Assessment$154.5728-028-24-11-0040 6301 Aldrich Ave S $154.57A$154.57$261.0028-028-24-11-0041 6300 Aldrich Ave S$261.00A$261.00$261.0028-028-24-11-0065 1000 Mildred Dr$261.00A$261.00$261.0028-028-24-11-0066 1008 Mildred Dr$261.00A$261.00$345.3528-028-24-11-0082 1020 Mildred Dr$345.35A$345.35$261.0028-028-24-11-0086 6305 Dupont Ave S$261.00A$261.00$261.0028-028-24-12-0018 6343 Girard Ave S$261.00A$261.00$261.0028-028-24-12-0022 6331 Girard Ave S$261.00A$261.00$177.6028-028-24-12-0037 6338 Girard Ave S$177.60A$177.60$261.0028-028-24-12-0042 6333 Humboldt Ave S$261.00A$261.00$368.1028-028-24-41-0020 917 66th St W$368.10A$368.10$682.0928-028-24-41-0021 921 66th St W$682.09A$682.09$139.5528-028-24-42-0014 6739 Humboldt Ave S$139.55A$339.55$107.4728-028-24-42-0033 6612 Girard Ave S$107.47A$266.86$232.8328-028-24-42-0087 6726 Emerson Ave S$232.83A$232.83$242.3628-028-24-43-0004 6839 Humboldt Ave S$242.36A$342.36$200.0528-028-24-43-0005 6845 Humboldt Ave S$200.05A$200.05$294.0728-028-24-43-0010 6809 Humboldt Ave S$294.07A$294.07$394.0728-028-24-43-0011 6801 Humboldt Ave S$394.07A$394.07$360.9929-028-24-11-0010 6211 Thomas Ave S$360.99A$360.99$261.0029-028-24-11-0024 6325 Thomas Ave S$261.00A$261.00$168.2129-028-24-11-0034 6228 Sheridan Ave S$168.21A$168.21$261.0029-028-24-11-0045 6328 Sheridan Ave S$261.00A$261.00$162.0029-028-24-11-0064 6329 Russell Ave S$162.00A$162.00$199.3729-028-24-12-0012 6314 Thomas Ave S$199.37A$199.37$332.8229-028-24-12-0053 6339 Vincent Ave S$332.82A$332.82$186.9929-028-24-12-0062 6239 Vincent Ave S$186.99A$186.99$215.3129-028-24-12-0071 6214 Vincent Ave S$215.31A$215.31$232.8329-028-24-12-0087 6215 Washburn Ave S$232.83A$232.83$186.9929-028-24-12-0103 6214 Washburn Ave S$186.99A$186.99$332.8229-028-24-12-0110 6304 Washburn Ave S$332.82A$332.82$261.0029-028-24-12-0115 6323 Xerxes Ave S$261.00A$261.00$141.4829-028-24-12-0120 6249 Xerxes Ave S$141.48A$141.48$261.0029-028-24-12-0121 6245 Xerxes Ave S$261.00A$261.00$261.0029-028-24-12-0122 6239 Xerxes Ave S$261.00A$261.00$232.8329-028-24-13-0004 2700 66th St W$232.83A$232.83$261.0029-028-24-13-0006 6408 Thomas Ave S$261.00A$261.00$177.6029-028-24-13-0022 6441 Xerxes Ave S$177.60A$177.60$273.9929-028-24-13-0023 6435 Xerxes Ave S$273.99A$273.99$315.4829-028-24-13-0029 6401 Xerxes Ave S$315.48A$315.48 Report Name: SA_MasterPrinted:10/3/2022Page: 6Special Assessment Master ReportS/A Number: 22029City of RichfieldStreet NameClosed DescTotal AssessmentPayoff AmtProperty IDHouseUnitStOrig Assessment$261.0029-028-24-13-0040 6444 Upton Ave S $261.00A$261.00$273.9929-028-24-41-0043 6633 Sheridan Ave S$273.99A$273.99$232.8329-028-24-41-0064 6637 Thomas Ave S$232.83A$232.83$227.9229-028-24-41-0119 6708 Queen Ave S$227.92A$227.92$173.0629-028-24-41-0150 6737 Queen Ave S$173.06A$173.06$368.1029-028-24-42-0034 6640 Upton Ave S$368.10A$368.10$362.3129-028-24-42-0062 6620 Washburn Ave S$362.31A$362.31$262.3129-028-24-42-0081 6712 Washburn Ave S$262.31A$262.31$262.3129-028-24-42-0087 6736 Washburn Ave S$262.31A$262.31$294.0729-028-24-42-0088 6740 Washburn Ave S$294.07A$294.07$362.3129-028-24-42-0091 6741 Xerxes Ave S$362.31A$362.31$262.3129-028-24-42-0096 6721 Xerxes Ave S$262.31A$262.31$324.1229-028-24-42-0104 6708 Vincent Ave S$324.12A$324.12$266.8629-028-24-42-0121 6709 Washburn Ave S$266.86A$266.86$121.4529-028-24-43-0007 6824 Thomas Ave S$121.45A$121.45$394.0729-028-24-43-0017 6829 Upton Ave S$394.07A$394.07$362.3129-028-24-43-0030 6820 Upton Ave S$362.31A$362.31$206.8929-028-24-43-0036 6844 Upton Ave S$206.89A$206.89$362.3129-028-24-43-0038 6841 Vincent Ave S$362.31A$362.31$217.5829-028-24-43-0048 6801 Vincent Ave S$217.58A$217.58$262.3129-028-24-43-0050 6804 Vincent Ave S$262.31A$262.31$294.0729-028-24-43-0061 6845 Washburn Ave S$294.07A$294.07$230.5729-028-24-44-0039 6809 Russell Ave S$230.57A$230.57$553.0029-028-24-44-0048 6828 Russell Ave S$553.00A$553.00$384.8529-028-24-44-0058 6825 Sheridan Ave S$384.85A$384.85$294.0729-028-24-44-0065 6800 Sheridan Ave S$294.07A$294.07$230.5729-028-24-44-0069 6816 Sheridan Ave S$230.57A$230.57$362.3129-028-24-44-0073 6832 Sheridan Ave S$362.31A$362.31$294.0729-028-24-44-0113 6904 Russell Ave S$294.07A$294.07$262.3129-028-24-44-0127 6933 Sheridan Ave S$262.31A$262.31$262.3129-028-24-44-0150 6933 Russell Ave S$262.31A$262.31$285.9232-028-24-12-0012 7020 Upton Ave S$285.92A$285.92$285.9232-028-24-12-0043 7047 Xerxes Ave S$285.92A$285.92$285.9232-028-24-12-0049 2910 71st St W$285.92A$285.92$182.3832-028-24-13-0070 3020 74th St W$182.38A$182.38$257.7532-028-24-14-0006 7200 Penn Ave S$257.75A$257.75$155.3232-028-24-41-0018 7439 Thomas Ave S$155.32A$155.32$285.9232-028-24-42-0044 7427 Vincent Ave S$285.92A$285.92$184.1532-028-24-43-0031 7633 Vincent Ave S$184.15A$285.92$294.0032-028-24-43-0044 2956 Washburn Cir$294.00A$294.00 Report Name: SA_MasterPrinted:10/3/2022Page: 7Special Assessment Master ReportS/A Number: 22029City of RichfieldStreet NameClosed DescTotal AssessmentPayoff AmtProperty IDHouseUnitStOrig Assessment$227.9132-028-24-44-0009 7626 Sheridan Ave S $227.91A$227.91$385.9233-028-24-13-0087 7347 Emerson Ave S$385.92A$385.92$285.9233-028-24-14-0007 7344 Lyndale Ave S$285.92A$285.92$285.9233-028-24-14-0075 7309 Dupont Ave S$285.92A$285.92$252.7733-028-24-14-0081 7228 Lyndale Ave S$252.77A$252.77$397.9233-028-24-14-0101 7201 Oak Grove Blvd$397.92A$397.92$378.6733-028-24-21-0091 7145 Knox Ave S$378.67A$378.67$172.9733-028-24-21-0098 7114 Knox Ave S$172.97A$172.97$390.9533-028-24-22-0056 7020 Oliver Ave S$390.95A$390.95$285.9233-028-24-23-0098 7335 Penn Ave S$285.92A$285.92$285.9233-028-24-23-0099 7329 Penn Ave S$285.92A$285.92$454.8133-028-24-24-0044 7315 Logan Ave S$454.81A$454.81$357.7533-028-24-32-0009 7509 Morgan Ave S$357.75A$357.75$295.9233-028-24-41-0109 7516 Bryant Ave S$295.92A$295.92$285.9233-028-24-41-0111 7524 Bryant Ave S$285.92A$285.92$357.7533-028-24-41-0165 7521 Aldrich Ave S$357.75A$357.75$185.9233-028-24-42-0111 7529 Fremont Ave S$185.92A$185.92$295.9233-028-24-44-0007 7639 Colfax Ave S$295.92A$295.92$204.3434-028-24-11-0009 7121 4th Ave S$204.34A$204.34$324.5834-028-24-11-0039 7114 4th Ave S$324.58A$324.58$397.1934-028-24-11-0043 7138 4th Ave S$397.19A$397.19$104.6234-028-24-11-0045 7145 Clinton Ave S$104.62A$104.62$385.9234-028-24-11-0073 7016 Portland Ave$385.92A$385.92$134.1534-028-24-12-0094 7104 1st Ave S$134.15A$134.15$193.7734-028-24-12-0102 7140 1st Ave S$193.77A$193.77$285.9234-028-24-13-0014 7315 Nicollet Ave S$285.92A$285.92$205.7734-028-24-13-0036 7344 Stevens Ave S$205.77A$205.77$242.0134-028-24-13-0048 7325 Nicollet Ave S$242.01A$242.01$285.9234-028-24-13-0107 7221 1st Ave S$285.92A$285.92$198.7734-028-24-13-0138 7204 3rd Ave S$198.77A$198.77$282.8834-028-24-14-0032 7321 5th Ave S$282.88A$282.88$285.9234-028-24-14-0045 7336 5th Ave S$285.92A$285.92$179.5834-028-24-14-0101 7305 3rd Ave S$179.58A$179.58$157.7534-028-24-14-0118 7221 Clinton Ave S$157.75A$157.75$100.8834-028-24-22-0021 505 70th St W$100.88A$100.88$285.9234-028-24-22-0080 7105 Garfield Ave S$285.92A$285.92$191.7734-028-24-23-0021 7204 Pleasant Ave$191.77A$191.77$206.6134-028-24-23-0037 7221 Grand Ave$206.61A$206.61$285.9234-028-24-23-0055 7237 Harriet Ave$285.92A$285.92$285.9234-028-24-23-0064 7200 Harriet Ave$285.92A$285.92 Report Name: SA_MasterPrinted:10/3/2022Page: 8Special Assessment Master ReportS/A Number: 22029City of RichfieldStreet NameClosed DescTotal AssessmentPayoff AmtProperty IDHouseUnitStOrig Assessment$385.9234-028-24-23-0066 7212 Harriet Ave$385.92A$385.92$285.9234-028-24-23-0069 7228 Harriet Ave$285.92A$285.92$285.9234-028-24-23-0137 7309 Harriet Ave$285.92A$285.92$285.9234-028-24-23-0152 7332 Pleasant Ave$285.92A$285.92$447.4934-028-24-24-0051 215 72nd St W$447.49A$447.49$217.9334-028-24-31-0007 7438 Nicollet Ave S$217.93A$217.93$385.9234-028-24-31-0010 7437 Blaisdell Ave S$385.92A$385.92$203.6234-028-24-31-0108 7521 Wentworth Ave$203.62A$203.62$285.9234-028-24-31-0119 7545 Blaisdell Ave S$285.92A$285.92$285.9234-028-24-32-0005 401 74th St W$285.92A$285.92$132.3634-028-24-33-0033 7600 Grand Ave$132.36A$132.36$285.9234-028-24-34-0020 7626 Blaisdell Ave S$285.92A$285.92$261.0028-028-24-13-0034 6537 Girard Ave S$261.00A$785.43$313.6228-028-24-13-0052 6400 Emerson Ave S$313.62A$313.62$261.0028-028-24-13-0058 6424 Emerson Ave S$261.00A$261.00$232.8328-028-24-13-0061 6436 Emerson Ave S$232.83A$232.83$155.2228-028-24-13-0069 6508 Emerson Ave S$155.22A$155.22$261.0028-028-24-21-0035 6244 Irving Ave S$261.00A$261.00$232.8328-028-24-21-0037 6239 James Ave S$232.83A$232.83$261.0028-028-24-21-0055 6239 Logan Ave S$261.00A$261.00$255.2128-028-24-21-0087 6301 James Ave S$255.21A$255.21$186.9928-028-24-21-0101 6309 Knox Ave S$186.99A$186.99$332.8228-028-24-21-0112 6335 Logan Ave S$332.82A$332.82$204.6628-028-24-22-0068 6310 Logan Ave S$204.66A$204.66$177.6028-028-24-22-0069 6316 Logan Ave S$177.60A$177.60$232.8328-028-24-22-0075 6327 Morgan Ave S$232.83A$232.83$273.9928-028-24-22-0087 6324 Morgan Ave S$273.99A$273.99$204.6628-028-24-22-0097 6315 Newton Ave S$204.66A$204.66$106.8228-028-24-22-0101 6300 Newton Ave S$106.82A$106.82$104.6528-028-24-22-0110 6337 Oliver Ave S$104.65A$304.65$261.0028-028-24-22-0122 6320 Oliver Ave S$261.00A$261.00$232.8328-028-24-23-0035 6439 Morgan Ave S$232.83A$232.83$195.3428-028-24-23-0069 6428 Newton Ave S$195.34A$195.34$332.8228-028-24-23-0086 6520 Newton Ave S$332.82A$332.82$186.9928-028-24-23-0110 6529 Newton Ave S$186.99A$186.99$232.8328-028-24-24-0008 6434 Humboldt Ave S$232.83A$232.83$155.2228-028-24-24-0027 6428 Irving Ave S$155.22A$155.22$286.0028-028-24-24-0029 6438 Irving Ave S$286.00A$286.00$189.6028-028-24-24-0036 6421 James Ave S$189.60A$189.60$104.8428-028-24-24-0058 6405 Knox Ave S$104.84A$104.84 Report Name: SA_MasterPrinted:10/3/2022Page: 9Special Assessment Master ReportS/A Number: 22029City of RichfieldStreet NameClosed DescTotal AssessmentPayoff AmtProperty IDHouseUnitStOrig Assessment$261.0028-028-24-24-0060 6400 Knox Ave S$261.00A$261.00$107.3028-028-24-24-0079 6401 Logan Ave S$107.30A$107.30$360.9928-028-24-24-0119 1600 66th St W$360.99A$360.99$332.8228-028-24-24-0122 6531 James Ave S$332.82A$332.82$261.0028-028-24-24-0141 1520 66th St W$261.00A$261.00$177.6028-028-24-24-0144 6519 Irving Ave S$177.60A$177.60$394.0728-028-24-31-0028 6638 Irving Ave S$394.07A$394.07$187.0528-028-24-32-0067 6700 Oliver Ave S$187.05A$187.05$169.6628-028-24-33-0031 6837 Oliver Ave S$169.66A$669.66$177.6128-028-24-33-0099 6923 Newton Ave S$177.61A$177.61$187.0028-028-24-33-0115 6939 Morgan Ave S$187.00A$187.00$325.9728-028-24-34-0026 6804 James Ave S$325.97A$325.97$266.8628-028-24-34-0111 6816 James Ave S$266.86A$266.86$371.3428-028-24-34-0118 6838 Knox Ave S$371.34A$371.34$187.0528-028-24-34-0127 6928 Knox Ave S$187.05A$187.05$187.0028-028-24-34-0129 6901 Logan Ave S$187.00A$187.00$294.0728-028-24-34-0138 6940 Irving Ave S$294.07A$294.07$261.0028-028-24-34-0144 6912 Humboldt Ave S$261.00A$261.00$192.2934-028-24-34-0045 7615 Pillsbury Ave$192.29A$192.29$285.9234-028-24-34-0068 7614 Pillsbury Ave$285.92A$285.92$182.3834-028-24-41-0006 7424 Portland Ave$182.38A$182.38$285.9234-028-24-41-0007 7428 Portland Ave$285.92A$285.92$257.7534-028-24-41-0018 7508 Portland Ave$257.75A$257.75$179.9934-028-24-41-0052 7410 4th Ave S$179.99A$179.99$393.0234-028-24-41-0116 7544 4th Ave S$393.02A$393.02$385.9234-028-24-41-0132 7527 3rd Ave S$385.92A$385.92$385.9234-028-24-41-0137 7412 4th Ave S$385.92A$385.92$285.9234-028-24-43-0015 7639 2nd Ave S$285.92A$285.92$285.9234-028-24-43-0018 7621 2nd Ave S$285.92A$285.92$285.9235-028-24-11-0027 7025 18th Ave S$285.92A$285.92$198.7735-028-24-11-0046 7008 17th Ave S$198.77A$198.77$197.0035-028-24-11-0049 7026 17th Ave S$197.00A$197.00$174.9935-028-24-11-0076 7021 Bloomington Ave S$174.99A$174.99$201.5935-028-24-12-0012 7027 12th Ave S$201.59A$201.59$122.9835-028-24-12-0104 7025 15th Ave S$122.98A$122.98$285.9235-028-24-12-0115 7028 15th Ave S$285.92A$285.92$285.9235-028-24-13-0009 7238 Bloomington Ave S$285.92A$285.92$282.8235-028-24-13-0041 7238 15th Ave S$282.82A$282.82$357.7535-028-24-14-0027 7244 17th Ave S$357.75A$357.75$161.4235-028-24-14-0062 7235 18th Ave S$161.42A$161.42 Report Name: SA_MasterPrinted:10/3/2022Page: 10Special Assessment Master ReportS/A Number: 22029City of RichfieldStreet NameClosed DescTotal AssessmentPayoff AmtProperty IDHouseUnitStOrig Assessment$285.9235-028-24-14-0063 7243 18th Ave S$285.92A$285.92$204.0435-028-24-14-0065 7204 18th Ave S$204.04A$204.04$385.9235-028-24-14-0092 7320 17th Ave S$385.92A$385.92$357.7535-028-24-14-0100 7320 18th Ave S$357.75A$357.75$285.9235-028-24-14-0104 7338 18th Ave S$285.92A$285.92$421.1935-028-24-22-0022 7021 Park Ave$421.19A$421.19$191.9135-028-24-22-0116 7020 Chicago Ave S$191.91A$191.91$385.9235-028-24-23-0073 7200 Columbus Ave S$385.92A$385.92$243.8835-028-24-23-0098 7239 Oakland Ave S$243.88A$243.88$285.9235-028-24-24-0011 7233 11th Ave S$285.92A$285.92$285.9235-028-24-24-0060 7227 10th Ave S$285.92A$285.92$285.9235-028-24-24-0089 7345 Elliot Ave S$285.92A$285.92$304.7135-028-24-31-0007 7438 12th Ave S$304.71A$304.71$285.9235-028-24-31-0112 7401 Elliot Ave S$285.92A$285.92$260.9735-028-24-32-0062 7509 Oakland Ave S$260.97A$260.97$182.6135-028-24-33-0011 7605 Park Ave$182.61A$182.61$285.9235-028-24-33-0030 7629 Oakland Ave S$285.92A$285.92$229.5835-028-24-33-0040 7620 Oakland Ave S$229.58A$229.58$285.9235-028-24-34-0018 7627 11th Ave S$285.92A$285.92$285.9235-028-24-41-0011 7408 Cedar Ave S$285.92A$285.92$285.9235-028-24-41-0015 7405 16th Ave S$285.92A$285.92$188.7735-028-24-41-0040 7533 16th Ave S$188.77A$188.77$285.9235-028-24-41-0093 7509 16th Ave S$285.92A$285.92$177.9235-028-24-42-0049 7438 13th Ave S$177.92A$177.92$196.0135-028-24-42-0056 7415 12th Ave S$196.01A$196.01$146.4435-028-24-42-0088 7515 15th Ave S$146.44A$146.44$112.5535-028-24-44-0027 7633 Bloomington Ave S$112.55A$398.47$155.2228-028-24-12-0057 6319 Girard Ave S$155.22A$155.22$176.8428-028-24-34-0146 6920 Humboldt Ave S$176.84A$176.84$385.9234-028-24-34-0029 7615 Wentworth Ave$385.92A$385.92$285.9235-028-24-34-0039 7600 10th Ave S$285.92A$285.92A Total: $100,268.94377A Count: $100,268.94$102,477.45Grand Total:$100,268.94377Total Count:$100,268.94$102,477.45 AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # 6. STAFF REPORT NO. 149 CITY COUNCIL MEETING 10/11/2022 REPORT PREPARED BY: Scott Kulzer, Administrative Aide/Analyst DEPARTMENT DIRECTOR REVIEW: Kristin Asher, Public Works Director 10/4/2022 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: Katie Rodriguez, City Manager 10/5/2022 ITEM FOR COUNCIL CONSIDERATION: Public hearing and consider resolutions adopting the annual Interstate/Lyndale/Nicollet (ILN) Project Area assessment and proposed work for 2023. EXECUTIVE SUMMARY: The ILN Project Area assessment was established to recover special maintenance expenses in the 77th Street area in 1988. The current services include: Maintenance and operation of irrigation systems Weed control Mowing Fertilization Trash and litter removal Re-plantings These current services are provided on both sides of the 77th Street wall. The maintenance functions are funded through a maintenance assessment on 77th Street commercial properties. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: 1. Adopt a resolution adopting the assessment on the ILN Project Area for costs incurred to maintain the area for 2021. 2. Adopt a resolution ordering the undertaking of the current service project within the ILN Project Area for 2023. BASIS OF RECOMMENDATION: A.HISTORICAL CONTEXT City staff has determined the actual assessment costs of current services for 2021 for this area to be $51,161.92. The estimate for 2023 maintenance is $80,000. Fluctuations in expenditures for maintenance of the 77th Street Project Area are caused by a number of factors: Changes in water use and irrigation costs; Concrete repair variations; Demand for aging infrastructure updates; and Need for re-plantings. B.POLICIES (resolutions, ordinances, regulations, statutes, etc): Section 825 of the City Code indicates “current services” mean one or more of the following: (a) snow, ice, or rubbish removal from sidewalks; (b) weed elimination from streets or private property; (c) removal or elimination of public health or safety hazards from private property, excluding any structure included under the provisions of Minnesota Statutes, sections 463.15 to 463.26; (d) installation or repair of water service lines; (e) street sprinkling, sweeping, or other dust treatment of streets; (f) the trimming and care of trees and the removal of unsound trees from any street; (g) the treatment and removal of insect-infested or diseased trees on private property; (h) the repair of sidewalks and alleys; (i) the operation of a street lighting system; (j) the maintenance of landscaped areas, decorative parks and other public amenities on or adjacent to street right-of-way; and, (k) snow removal and other maintenance of streets in commercial redevelopment areas. Council ordered the work and the work was completed for 2021. Resolution No. 7405, adopted in 1988, established a policy for assessing the costs. Commercial property owners will be assessed on a per-square-foot basis; however, all single family and multi-family residential properties, plus one of the two churches in the area, would be exempt from the special assessment levy. The proposed assessment was properly filed with the City Clerk. Notice of the public hearing was mailed to all owners described on the assessment roll on September 7, 2022. The public hearing notice was published in the official newspaper on September 22, 2022. C.CRITICAL TIMING ISSUES: Each year the City shall list the total unpaid charges for current services against each separate lot or parcel to which they are attributable under Section 825 of the City Code. This list is available at the offices of the City Clerk and Public Works. The assessment roll is submitted to the County Auditor and is due to Hennepin County by the end of November annually. D.FINANCIAL IMPACT: All costs to the City will be recovered through this assessment. Estimated and actual costs for the ILN Project Area maintenance services from 2003-2021 are: Year Estimate Actual 2003 $80,000 $59,831.07 2004 $80,000 $63,842.79 2005 $80,000 $64,841.54 2006 $80,000 $69,606.52 2007 $80,000 $77,441.46 2008 $80,000 $77,000.01 2009 $80,000 $62,894.55 2010 $80,000 $64,124.81 2011 $80,000 $72,427.48 2012 $80,000 $78,286.46 2013 $80,000 $59,779.82 2014 $80,000 $71,499.01 2015 $80,000 $59,557.56 2016 $80,000 $71,489.33 2017 $80,000 $77,790.83 2018 $80,000 $71,528.09 2019 $80,000 $54,621.75 2020 $80,000 $45,890.78 2021 $80,000 $51,161.92 E.LEGAL CONSIDERATION: The City Attorney has reviewed the resolutions and will be available to answer any questions. ALTERNATIVE RECOMMENDATION(S): None PRINCIPAL PARTIES EXPECTED AT MEETING: Property owners on the assessment roll. ATTACHMENTS: Description Type ILN Assessment Map Exhibit Assessment Roll Exhibit 2021 ILN Resolution Resolution Letter 2023 ILN Work Authorized Resolution Letter EAST PLEASANT AVE SM e rid ia n Crossings78TH ST W 76TH ST W 76TH ST 77TH ST WGRAND AVE SHARRIET AVE SGARFIELD AVE S78TH ST W 77TH ST W 245 7614 7727 7701 7709 7717 7715 7721 100 7720 7700 200 7601 7609 7615 7621 7627 7633 7639 7638 7632 7626 7620 7614 7608 7600 7601 7609 7615 7621 7627 7633 7639 84 7645 7645 7625 7615 7601 7601 351 301 7701 7745 401 7638 7632 7626 7620 7614 7608 7600 7601 7609 7615 7621 7627 7633 7639 7638 7632 7626 7620 7614 7608 7600 7639 7638 7633 7632 7627 7626 7621 7620 7615 7614 7609 7608 7601 7600 501 7645 7700 7638 7632 7626 7620 7614 7608 7600 7638 7632 7626 7620 7614 7608 7600 7601 7621 7627 7633 7639 7644 7630 7600 7639 7633 7627 7621 7615 7601 1017 7609 7615 7621 7627 7633 7639 7638 7632 7626 7620 7614 7608 1001 7639 7633 7627 7621 7615 7609 7601 7612 7608 7604 100 200 7601 Girard Ave S 42 AD 7625 7632 7626 7620 7614 7608 7619 76237625 76297631 76357637 76417643 76101000 78th St W 980 710 78th St W 7600 1401 7621 7617 7609 7601 700 704 90 97 93 89 85 99 95 91 87 83 79 SHOPS AT LYNDALEUS BANCORP Interstate-Lyndale-Nicollet (ILN)Assessment DistrictRichfield, Minnesota The City of Richfield makes no representation or warranties, express or implied, with respect to the reuse of the data provided herewith,regardless of its format or the means of its transmission. There is no guarantee or representation to the user as to the accuracy, currency,suitability, or reliability of this data for any purpose. The user accepts the data “as is”, and assumes all risks associated with its use. 2021 Assessed Parcels Assessment Districts #I:\GIS\Public Works\Streets\AssessmentDistricts\Projects\ILNAssessment_2022.mxd1 inch = 490 Feet 0 490 980245 Feet 7717 7632 7626 7627 7633 7639 7638 7632 76267621 7625 7632 7628 7629 7635 7634 7628 7635 7629 6167733 7727 7701 631 620 710 701 315 345 7744 7715 7731 415 7701 7714 7708 500 7639 7633 7627 7720 7701 7730 7700 7745 7643 7645 7627 7633 7638 7632 7626 7627 7633 7639 7638 7632 7626 7627 7633 7639 7638 7632 7626 7627 7633 7639 7638 7701 7740 7636 7626 7735 7720 7700 7727 30 45 7627 7633 7639 7638 7632 7626 7633 7639 7638 7626 84 308 305 7730 7740 40508090 70 60 97 93 89 85 8177 4953576165 99 95 91 87 83 79 67 63 59 55 51 47 7627 607 626 632 638 711 717 729 735 716 728 734 77TH ST E 78TH ST E 78TH ST E 4TH AVE S77TH ST W INTERSTATE HWY NO 494 INTERSTATE HWY NO 494 MENARDS ROOSEVELTPARK 1524 77th St E 1600 77th St E 1524 77th St E 76337629 1525 1600 1620 1640 7636 7625 1401 7627 7633 7639 7638 7632 7626 7627 7633 7639 7638 7632 76267627 7633 7639 7638 7632 7626 7627 7633 7639 7638 7632 7626 1200 1300 7700 7627 7633 7639 7638 7632 7626 7627 7633 7639 7638 7632 7626 7627 7633 7639 7638 7632 7626 901 1001 7700 7744 13 - 2021 - 3233 - 40 1 - 127640 900 1000 1306 1312 1318 1324 7764 774077167635 7627 77TH ST E 78TH ST E INTERSTATE HWY NO 494 WASHINGTONPARK B l o o m i n g t o nE d i n a M i n n e a p o l i s M S P Report Name: SA_MasterPrinted:10/3/2022Page: 1Special Assessment Master ReportS/A Number: 22022City of RichfieldPayment Number: 0 Of: 1S/A Number:22022Assessment Total: $53,675.65 Interest Rate: 5.00001st Yr. Int. Months: 121st Yr. Payable: 2023Description: 2022 77TH ST MTCEOpened Date: 1st Hearing: 2nd Hearing: Levied: Amortization Type: SCounty Admin Fee: $0.00Status: PendingProject Nbr: Fund: Contract Nbr: Fin Acct Nbr: Resolution Number: Continue Calculating Deferred: YesInt Acct Nbr: Sub Status: Street NameClosed DescTotal AssessmentPayoff AmtProperty IDHouseUnitStOrig Assessment$1,410.5733-028-24-43-0019 1401 76th St W$1,410.57A$1,410.57$2,482.3633-028-24-43-0049 2 Meridian Crossings $2,482.36A$2,482.36$2,743.8033-028-24-43-0050 1 Meridian Crossings $2,743.80A$2,743.80$1,177.6133-028-24-44-0112WEST 77TH STREET & LYNDALE AVENUE$1,177.61A$1,177.61$13.2033-028-24-44-0114 Lyndale Ave S & W 76 1/2 STREET $13.20A$13.20$9.4833-028-24-44-0128 W 77TH STREET & Aldrich Ave S $9.48A$9.48$0.8733-028-24-44-0129 W 77TH STREET & LYNDALE AVENUE $0.87A$0.87$921.9634-028-24-33-0081 7745 Lyndale Ave S $921.96A$921.96$84.1034-028-24-33-0082 7701 Lyndale Ave S $84.10A$84.10$319.6234-028-24-33-0150 7645 Lyndale Ave S $319.62A$319.62$319.6234-028-24-33-0151 7645 Lyndale Ave S $319.62A$319.62$319.6234-028-24-33-0152 7645 Lyndale Ave S $319.62A$319.62$319.6234-028-24-33-0153 7645 Lyndale Ave S $319.62A$319.62$319.6234-028-24-33-0154 7645 Lyndale Ave S $319.62A$319.62$319.6234-028-24-33-0155 7645 Lyndale Ave S $319.62A$319.62$181.8634-028-24-34-0001 84 78th St W$181.86A$181.86$1,180.1434-028-24-34-0053 200 78th St W$1,180.14A$1,180.14$254.8034-028-24-34-0054 7700 Wentworth Ave $254.80A$254.80$293.4134-028-24-34-0056 100 78th St W$293.41A$293.41$427.1534-028-24-34-0057 7721 Pillsbury Ave $427.15A$427.15$68.1234-028-24-34-0058 7715 Pillsbury Ave $68.12A$68.12$59.6134-028-24-34-0059 7717 Pillsbury Ave $59.61A$59.61$127.9434-028-24-34-0061 7701 Pillsbury Ave $127.94A$127.94$235.9234-028-24-34-0065 7700 Nicollet Ave S $235.92A$235.92$223.5534-028-24-34-0066 7720 Nicollet Ave S $223.55A$223.55$181.9134-028-24-44-0006 7700 Portland Ave $181.91A$181.91 Report Name: SA_MasterPrinted:10/3/2022Page: 2Special Assessment Master ReportS/A Number: 22022City of RichfieldStreet NameClosed DescTotal AssessmentPayoff AmtProperty IDHouseUnitStOrig Assessment$292.3334-028-24-44-0007 7730 Portland Ave $292.33A$292.33$370.0034-028-24-44-0023 500 78th St E$370.00A$370.00$128.7434-028-24-44-0024 7708 5th Ave S$128.74A$128.74$128.1734-028-24-44-0025 7714 5th Ave S$128.17A$128.17$168.0434-028-24-44-0027 7701 5th Ave S$168.04A$168.04$126.8734-028-24-44-0028 415 77th St E$126.87A$126.87$263.9034-028-24-44-0029 7731 4th Ave S$263.90A$263.90$202.3034-028-24-44-0030 7715 4th Ave S$202.30A$202.30$461.1834-028-24-44-0032 345 77th St E$461.18A$461.18$4,335.8434-028-24-44-0036 305 77th St E$4,335.84A$4,335.84$284.5835-028-24-33-0006 7701 Portland Ave$284.58A$284.58$344.3835-028-24-33-0008 7733 Portland Ave$344.38A$344.38$313.8035-028-24-34-0002 1120 78th St E$313.80A$313.80$593.2735-028-24-43-0008 1200 78th St E$593.27A$593.27$1,177.6133-028-24-44-0110 7610 Lyndale Ave S200$1,177.61A$1,177.61$156.2433-028-24-44-0113 7630 Lyndale Ave S$156.24A$156.24$123.7433-028-24-44-0115 7644 Lyndale Ave S$123.74A$123.74$4,743.6333-028-24-44-0231 1000 78th St W$4,743.63A$4,743.63$4,127.5433-028-24-44-0232 710 78th St W$4,127.54A$4,127.54$153.7133-028-24-44-0234 704 78th St W$153.71A$153.71$151.6433-028-24-44-0235 980 78th St W$151.64A$151.64$296.9633-028-24-44-0236$296.96A$296.96$619.7934-028-24-33-0087 301 77th St W$619.79A$619.79$1,327.1634-028-24-33-0088 351 77th St W$1,327.16A$1,327.16$3,796.7634-028-24-33-0156 401 77th St W$3,796.76A$3,796.76$254.6134-028-24-34-0055 7720 Wentworth Ave$254.61A$254.61$127.9234-028-24-34-0060 7709 Pillsbury Ave$127.92A$127.92$510.8934-028-24-43-0005 7740 2nd Ave S$510.89A$510.89$291.7634-028-24-43-0077 7745 2nd Ave S$291.76A$291.76$5,168.1034-028-24-43-0078 7701 Nicollet Ave S$5,168.10A$5,168.10$388.8734-028-24-44-0031 7744 5th Ave S$388.87A$388.87$409.9034-028-24-44-0037 308 78th St E$409.90A$409.90$315.4335-028-24-33-0009 616 78th St E$315.43A$315.43$2,077.7335-028-24-43-0077$2,077.73A$2,077.73$1,754.0835-028-24-44-0010 1525 77th St E$1,754.08A$1,754.08$1,178.3735-028-24-44-0033 1620 78th St E$1,178.37A$1,178.37A Total: $51,161.9262A Count: $51,161.92$51,161.92Grand Total:$51,161.9262Total Count:$51,161.92$51,161.92 RESOLUTION NO. RESOLUTION ADOPTING ASSESSMENT ON INTERSTATE-LYNDALE-NICOLLET (ILN) PROJECT AREA MAINTENANCE FOR THE PERIOD JANUARY 1, 2021 TO DECEMBER 31, 2021 WHEREAS, pursuant to proper notice duly given as required by law, the council has met and passed upon all objections to the proposed assessment for current services related to maintenance of the ILN Project Area, which is approximately bounded by I-35W, 77th Street, I-494 and Cedar Avenue. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. Such proposed assessment roll in the total amount of $51,161.92 is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed current services in the amount of assessment levied against it. 2. Such assessment shall be payable before or during 20 23 and shall bear interest at the rate of five percent (5%) from the date of adoption of this assessment resolution. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property with interest accrued to the date of payment, to the City’s Finance Division, except that no interest shall be charged if the entire assessment is paid by November 11, 2022. A property owner may, at any time prior to November 14, pay to the City’s Finance Division the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which payment is made. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment roll to the County Auditor to be extended on the property tax lists of the County and such assessment shall be collected and paid over in the same manner in other municipal taxes. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of October, 2022. _______________________________ Maria Regan Gonzalez, Mayor ATTEST: Kari Sinning, City Clerk RESOLUTION NO. RESOLUTION ORDERING THE UNDERTAKING OF CURRENT SERVICE PROJECT WITHIN THE INTERSTATE-LYNDALE-NICOLLET (ILN) PROJECT AREA FOR THE PERIOD JANUARY 1, 2023 TO DECEMBER 31, 2023 WHEREAS, pursuant to ordinance, the City Council of the City of Richfield did establish a special assessment district and did propose that certain current services be undertaken by the City in the ILN Project Area, approximately bounded by I-35W, 77th Street, I-494 and Cedar Avenue and that the cost of such services be specially assessed against benefited property; and WHEREAS, the City Council of the City of Richfield did also by such resolution set the date of the public hearing on the undertaking of such current service project and the levying of special assessment to bear the cost thereof; and WHEREAS, following due notice, such public hearing was held on October 11, 2022, at which time all interested parties desiring to be heard were given an opportuni ty to be heard. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota as follows: 1. That the following examples of current services of the City shall be undertaken by the City within the ILN Project Area, which area constitutes the special assessment district with the exception of residential properties and one of the two churches in the area, with the cost of such services to be specially assessed against the benefited property within the district: a. Snow, ice or rubbish removal; b. Weed elimination; c. Elimination or removal of public health or safety hazards from private property, excluding any structure included under the provisions of Minnesota Statutes Section 463.15 to 463.26; d. Installation and repair of water service lines; e. Street sprinkling or other dust treatment of streets; f. The treatment and removal of insect-infested or diseased trees on private property; g. Trimming and care of trees and the removal of unsound trees; h. Repair of sidewalks, crosswalks and other pedestrian walkways; i. Operation of the street lighting system; j. Maintenance of landscaped areas and other public amenities on or adjacent to street right-of-way; and k. Snow removal and other maintenance of streets. 2. The work to be performed may be by day labor, by City force, by contract, or by any combination thereof. 3. The designated period of the project shall be from January 1, 2023, through December 31, 2023. Costs of the project shall be in the manner provided in the Richfield Ordinance Code. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of October, 2022. ____________________________ Maria Regan Gonzalez, Mayor ATTEST: ____________________________ Kari Sinning, City Clerk AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # 7. STAFF REPORT NO. 153 CITY COUNCIL MEETING 10/11/2022 REPORT PREPARED BY: Kumud Verma, Finance Manager DEPARTMENT DIRECTOR REVIEW: OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: Katie Rodriguez, City Manager 10/10/2022 ITEM FOR COUNCIL CONSIDERATION: Public hearing and consider a resolution adopting the proposed assessments of delinquent utility accounts, false alarm charges, public health or safety hazards charges, weed eradication charges, and vacant property registration fees to be certified to property taxes. EXECUTIVE SUMMARY: Minnesota State Statutes 444.075, 429.101, and 429.061 provide that certain unpaid charges may be assessed against the benefiting property. Chapter V II of the Richfield Code of Ordinances provide that unpaid water, sanitary sewer, storm water, and street light charges may be certified to the county auditor to be included in a property owner’s annual property tax bill. Section 925.02 Subd. 5, Section 915.07 Sub. 3 and chapter 8.02 of the City Charter provide that the City is allowed to specially assess delinquent fees. The City Code also authorizes a certification fee to be charged against each delinquent account. By certifying the delinquent charges to the property taxes, the City is assured of collection of the charges. The delinquent accounts must be certified to the County Auditor in order for the City to collect the charges through the property tax payment process. Property owners have been notified that any unpaid charges or fees may be assessed against the property. RECO MMENDED AC TION: Conduct and close the public hearing and by motion: Approve the attached resolution authorizing certification of unpaid water, sanitary sewer, storm water, and street light charges, false alarm charges, public health or safety hazard charges, weed eradication charges and vacant property registration fees to the county auditor to be collected with other taxes on said properties. BASIS OF RECO MMEND ATION: A.HISTORICAL CONTEXT Staff expects that, as in years past, many of the now delinquent accounts will be paid before final certification to the County. Utility Billing: The pending delinquent 2022 Utility billing charges are $438,811.43, compared to $423,995.06 at the same time last year. In 2021, the City ultimately certified $310,101.91 due to some property owners paying their delinquent bill prior to the November 15, 2021 deadline. False Alarms: The pending delinquent 2022 charges are $2,700.00 compared to prior year’s amount of $1,100.00 at the same time last year. Public Health or Safety Hazards: The pending delinquent 2022 charges are $15,136.00, compared to $1,500.00 at the same time last year. Weed Eradication: The pending delinquent 2022 charges are $500, compared to $1,560.00 at the same time last year. Vacant Property: The pending delinquent 2022 fees are $1,550.00, compared to $2,900.00 at the same time last year. B.POLICIES (resolutions, ordinances, regulations, statutes, etc): Minnesota State Statutes 444.075 and 429.101 and Chapter VII of the Richfield Code of Ordinances provide that unpaid water, sanitary sewer, storm water, street light charges may be certified to the county auditor to be included in a property owner’s annual property tax bill. A First Notice of Certification to Property Taxes was mailed on August 24, 2022 to Richfield property owners with delinquent accounts. A final notice was mailed on September 20, 2022. Notice of certification was published in the Sun Current on September 29, 2022. C.CRITICAL TIMING ISSUES: To prepay the delinquent amount and avoid certification, the entire past due amount must be paid by November 1, 2022. D.FINANCIAL IMPACT: Utility Billing: The pending delinquent 2022 utility charges total $438,811.43 for 726 accounts. A $50.00 certification fee will be added to each account. False Alarms: The pending delinquent 2022 charges are $2,700.00 Unpaid alarm charges are subject to a 10% penalty charge if not paid within 30 days and is included in the amount listed above. Public Health or Safety Hazards: The pending delinquent 2022 charges are $15,136.00. A $25.00 administrative fee is charged to all properties. Weed Eradication: The pending delinquent 2022 amount for weed eradication from private property is $500.00. A $25.00 administrative fee is charged to all properties. Vacant Property: The pending delinquent 2022 amount for vacant property registration fees is $1,550.00. A $25.00 administrative fee is charged to all properties. Unpaid Charges: The affected property owner may pay the original principal amount without interest or penalties within 30 days from the date the Council adopts the assessment. If the original charge remains unpaid beyond the 30 days, the charges will be assessed to the property and will include additional charges for penalties as noted above as well as bear an interest rate of 5% from the date of adoption of the assessment resolution. The certified amount is spread over a period of one year. E.LEGAL CONSIDERATION: There are no legal issues apparent at this time. The City Attorney will be available to answer questions. ALTERNATIVE RECOMMENDATION(S): None. PRINCIPAL PARTIES EXPECTED AT MEETING: ATTACHMENTS: Description Type Resolution Resolution Letter False Alarm, Weed Eradication, Public Health Hazard, and Vacant Property Assessment Roll Backup Material Utility Billing Assessment Roll Backup Material RESOLU TION NO. _______ RESOLUTION AUTHORIZING CERTIFICATION OF UNPAID WATER, SANITARY SEWER, STORM WATER, AND STREET LIGHT CHARGES, FALSE ALARM CHARGES, WEED ERADICATION CHARGES, PUBLIC HEALTH OR SAFETY HAZARD CHARGES, AND VACANT PROPERTY REGISTRATION FEES TO THE COUNTY AUDITOR TO BE COLLECTED WITH OTHER TAXES ON SAID PROPERTIES WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and passed upon all objections to the proposed assessment for current services from private properties in the City of Richfield; and WHEREAS, all sums delinquent become assessable against the property serviced under Ordinance Code 705, 715, 720 as adopted by the City of Richfield and guided under Minnesota Statutes 444.075, 429,101 and 429.061; and WHEREAS, the certification list has been prepared specifying the amount that shall be certified against each property that remains unpaid after November 1, 2022. NOW, T HEREFORE, BE IT RESOLVED by the City C ouncil of the City of Richfield, Minnesota: 1.Such proposed assessment roll as indicated on the October 11th list provided to Council is hereby accepted and each property is found to be benefited by the proposed current services in the amount of the assessment. 2.The total amount listed on the assessment list that remain unpaid will be assessed against each particular property. 3.A $50 certification fee shall be levied against each utility billing delinquent account certified. 4.A $25 administrative fee shall be levied against each certified public health or safety hazard unpaid charge, weed eradication unpaid charge, and vacant property unpaid charge. 5.The above-described certification list will be spread over a period of one year at the rate of 5% per annum. 6.The total unpaid amount will be certified to the County Auditor for collection with other taxes on said properties. 7.A copy of the resolution shall be sent to the Hennepin County Auditor. Maria Regan Gonzalez , Mayor ATTEST: Kari Sinning, City Clerk Adopted by the City Council of the City of Richfield, Minnesota, this 11th day of October, 2022. False Alarms Property Address Property ID Total 500 78th Street E 34-028-24-44-0023 100.00$ 7714 5th Ave S 34-028-24-44-0025 100.00$ 7034 Cedar Ave S 35-028-24-11-0010 300.00$ 6645 Penn Ave S 28-028-24-32-0062 100.00$ 6800 Penn Ave S 29-028-24-44-0009 100.00$ 6245 Lyndale Ave S 27-028-24-22-0002 100.00$ 6445 Nicollet Ave S 27-028-24-13-0001 100.00$ 1700 78th Street W 33-028-24-34-0012 100.00$ 7132 Portland Ave S 34-028-24-14-0077 200.00$ 7226 Cedar Ave S 35-028-24-14-0077 200.00$ 6501 Richfield Parkway 26-028-24-14-0133 300.00$ 6501 Nicollet Ave S 27-028-24-13-0116 100.00$ 1000 78th Street W 33-028-24-44-0231 100.00$ 3016 66th Street W 29-028-24-13-0082 800.00$ 2,700.00$ Weed Eradication Property Address Property ID Total 6244 Portland Ave S 27-028-24-11-0007 125.00$ 6525 Penn Ave S 28-028-24-23-0022 125.00$ 7320 18th Ave S 35-028-24-14-0100 125.00$ 7227 10th Ave S 35-028-24-24-0060 125.00$ 500.00$ Public Health Hazard Property Address Property ID Total 7415 12th Ave S 35-028-24-42-0056 14,171.00$ 7308 Oakland Ave S 35-028-24-23-0054 300.00$ 6801 11th Ave S 26-028-24-34-0003 120.00$ 7212 Harriet Ave S 34-028-24-23-0066 180.00$ 7309 Harriet Ave S 34-028-24-23-0137 365.00$ 15,136.00$ Vacant Property Registration Fees Property Address Property ID Total 6525 Penn Ave S 28-028-24-23-0022 525.00$ 2910 71st Street W 32-028-24-12-0049 325.00$ 7309 Dupont Ave S 33-028-24-14-0075 375.00$ 7145 12th Ave S 35-028-24-12-0025 325.00$ 1,550.00$ 2022 Pending Assessments for False Alarms, Public Health Hazard, Weed Eradication, and Vacant Property Registration Fees 2022 Utility Accounts Scheduled for Certification 0231575450 7545 COLFAX AVE S $7.29 0121669080 6908 RUSSELL AVE S $10.37 0137128080 2808 71ST ST W $12.50 0141076330 7633 XERXES AVE S $15.00 0132566040 6604 IRVING AVE S $15.38 0121368170 6817 UPTON AVE S $16.05 0242772040 7204 1ST AVE S $19.35 0222766380 6638 1ST AVE S $25.90 0136720170 2017 67TH ST W $26.04 0237405230 523 74TH ST W $26.46 0332473200 7320 17TH AVE S $26.53 0332572380 7238 18TH AVE S $27.05 0341276280 7628 PARK AVE S $27.57 0322367140 6714 16TH AVE S $28.25 0222069260 6926 HARRIET AVE S $28.25 0111463250 6325 THOMAS AVE S $28.38 0237405210 521 74TH ST W $30.64 0211364160 6416 EMERSON AVE S $30.70 0111363390 6339 UPTON AVE S $31.72 0321466330 6633 CHICAGO AVE S $32.39 0216508250 825 65TH ST W $34.76 0331370000 7000 COLUMBUS AVE S $35.69 0341975320 7532 13TH AVE S $36.62 0232769150 6915 1ST AVE S $36.72 0326608171 817 66TH ST E $37.28 0222866080 6608 STEVENS AVE S $40.67 0322067250 6725 14TH AVE S $42.38 0210263542 6354 LYNDALE AVE S W202 $42.84 0326806260 626 68TH ST E $44.39 0141972010 7201 OLIVER AVE S $44.92 0311065080 6508 PORTLAND AVE S $48.16 0322069110 6911 14TH AVE S $48.60 0216504040 404 65TH ST W $49.84 0126627200 2720 66TH ST W $50.00 0242673030 7303 NICOLLET AVE S $50.20 0342574150 7415 18TH AVE S $51.66 0316615360 1536 66TH ST E $53.40 0321068590 6859 PORTLAND AVE S $56.51 0342274350 7435 BLOOMINGTON AVE S $58.44 0312265300 6530 BLOOMINGTON AVE S $61.02 0242873440 7344 STEVENS AVE S $61.12 0212263370 6337 PLEASANT AVE S $63.73 0212665110 6511 NICOLLET AVE S $66.48 0211365360 6536 EMERSON AVE S $66.90 0233175140 7514 CLINTON AVE S $67.18 0210263521 6352 LYNDALE AVE S E201 $70.79 0332570290 7029 18TH AVE S $72.56 Page 1 of 16 2022 Utility Accounts Scheduled for Certification 0111463200 6320 THOMAS AVE S $72.68 0222469140 6914 WENTWORTH AVE S $73.01 0141076270 7627 XERXES AVE S $73.34 0132069200 6920 NEWTON AVE S $73.86 0211366320 6632 EMERSON AVE S $74.09 0332572370 7237 18TH AVE S $78.06 0311862140 6214 12TH AVE S $79.03 0137029090 2909 70TH ST W $80.63 0231673400 7340 BRYANT AVE S $80.96 0142470100 7010 JAMES AVE S $81.26 0212865270 6527 STEVENS AVE S $81.45 0337915280 1528 FERN DR $81.86 0231373400 7340 EMERSON AVE S $84.81 0142071330 7133 NEWTON AVE S $85.09 0321966210 6621 13TH AVE S $85.65 0222774390 7439 1ST AVE S $86.78 0111462140 6214 THOMAS AVE S $88.45 0141377150 7715 UPTON AVE S $88.69 0312163240 6324 15TH AVE S $91.99 0231676320 7632 BRYANT AVE S $92.86 0243172280 7228 CLINTON AVE S $92.86 0222967190 6719 2ND AVE S $94.34 0112063010 6301 NEWTON AVE S $94.44 0112263100 6310 LOGAN AVE S $94.44 0111562280 6228 SHERIDAN AVE S $94.44 0112064280 6428 NEWTON AVE S $94.44 0232976380 7638 2ND AVE S $95.22 0331873080 7308 12TH AVE S $95.98 0341975320 7532 13TH AVE S $97.21 0242870260 7026 STEVENS AVE S $97.25 0233075090 7509 3RD AVE S $97.25 0231375130 7513 EMERSON AVE S $97.25 0212477270 7727 WENTWORTH AVE S $98.12 0342575110 7511 18TH AVE S $98.31 0141971080 7108 OLIVER AVE S $99.11 0121466410 6641 THOMAS AVE S $99.11 0331170440 7044 OAKLAND AVE S $100.00 0242273260 7326 PLEASANT AVE S $101.64 0223162320 6232 CLINTON AVE S $101.64 0222966130 6613 2ND AVE S $101.64 0121667380 6738 RUSSELL AVE S $103.79 0142372260 7226 KNOX AVE S $103.79 0222668000 6800 NICOLLET AVE S $103.91 0331571330 7133 ELLIOT AVE S $105.34 0132369280 6928 KNOX AVE S $106.03 0222876090 7609 STEVENS AVE S $106.03 0231674130 7413 BRYANT AVE S $106.03 Page 2 of 16 2022 Utility Accounts Scheduled for Certification 0212362350 6235 PILLSBURY AVE S $106.03 0218004150 415 64 1/2 ST W $107.00 0222767370 6737 1ST AVE S $110.39 0222168080 6808 GRAND AVE S $110.42 0212576090 7609 BLAISDELL AVE S $110.42 0243273120 7312 4TH AVE S $110.42 0222968000 6800 2ND AVE S $110.42 0331470440 7044 CHICAGO AVE S $113.02 0341776330 7633 11TH AVE S $113.14 0112162210 6221 MORGAN AVE S $113.14 0121268090 6809 VINCENT AVE S $113.14 0321167340 6734 OAKLAND AVE S $114.25 0321766210 6621 11TH AVE S $114.25 0121669210 6921 RUSSELL AVE S $114.89 0312165200 6520 15TH AVE S $116.05 0331070150 7015 PORTLAND AVE S $116.24 0331173140 7314 OAKLAND AVE S $116.96 0222568260 6826 BLAISDELL AVE S $117.28 0147423140 2314 74TH ST W $117.82 0219908000 800 66TH ST W $120.00 0141175440 7544 WASHBURN AVE S $121.18 0331172390 7239 OAKLAND AVE S $121.27 0341974380 7438 13TH AVE S $124.00 0212463050 6305 WENTWORTH AVE S $124.79 0322470080 7008 17TH AVE S $125.35 0331673270 7327 10TH AVE S $127.65 0233174110 7411 CLINTON AVE S $128.56 0142073080 7308 NEWTON AVE S $129.04 0132569460 6946 IRVING AVE S $130.56 0232976210 7621 2ND AVE S $131.50 0121468040 6804 THOMAS AVE S $133.72 0116524150 2415 65TH ST W $133.72 0132269370 6937 LOGAN AVE S $133.81 0231574440 7444 COLFAX AVE S $133.85 0316214210 1421 62ND ST E $133.85 0342076210 7621 14TH AVE S $133.98 0223269200 6920 4TH AVE S $134.45 0312265330 6533 BLOOMINGTON AVE S $135.66 0243273360 7336 4TH AVE S $135.89 0331271440 7144 PARK AVE S $136.00 0341074150 7415 PORTLAND AVE S $138.14 0212862380 6238 STEVENS AVE S $139.41 0322568210 6821 18TH AVE S $141.72 0126730150 3015 67TH ST W $144.94 0332572040 7204 18TH AVE S $146.87 0322470090 7009 17TH AVE S $146.87 0222369390 6939 PILLSBURY AVE S $150.82 Page 3 of 16 2022 Utility Accounts Scheduled for Certification 0141174080 7408 WASHBURN AVE S $152.32 0212263220 6322 PLEASANT AVE S $152.58 0331470270 7027 CHICAGO AVE S $158.45 0131070470 7047 XERXES AVE S $158.51 0233368150 6815 5TH AVE S $158.92 0233375000 7500 5TH AVE S $159.12 0342274140 7414 BLOOMINGTON AVE S $159.80 0131370000 7000 UPTON AVE S $160.84 0321469000 6900 CHICAGO AVE S $165.90 0210163542 6354 LYNDALE AVE S W102 $168.06 0121576260 7626 SHERIDAN AVE S $168.42 0242871090 7109 STEVENS AVE S $168.82 0321667140 6714 10TH AVE S $170.89 0231473370 7337 DUPONT AVE S $172.81 0237005050 505 70TH ST W $173.57 0222776330 7633 1ST AVE S $173.63 0223269260 6926 4TH AVE S $173.66 0132366210 6621 KNOX AVE S $173.94 0222068410 6841 HARRIET AVE S $175.41 0321668250 6825 10TH AVE S $179.37 0322267320 6732 BLOOMINGTON AVE S $179.48 0332572370 7237 18TH AVE S $179.94 0142371390 7139 KNOX AVE S $180.10 0233370450 7045 5TH AVE S $180.68 0111662250 6225 RUSSELL AVE S $180.79 0222874140 7414 STEVENS AVE S $181.56 0121569250 6925 SHERIDAN AVE S $182.44 0322067160 6716 14TH AVE S $182.89 0321869010 6901 12TH AVE S $184.75 0311964380 6438 13TH AVE S $186.63 0342375150 7515 16TH AVE S $187.48 0342276350 7635 BLOOMINGTON AVE S $187.49 0231175120 7512 GIRARD AVE S $189.27 0332573280 7328 18TH AVE S $190.16 0123065080 6508 GIRARD AVE S $191.20 0331973450 7345 13TH AVE S $191.37 0123064260 6426 GIRARD AVE S $191.52 0321669150 6915 10TH AVE S $191.79 0213063210 6321 3RD AVE S $192.04 0137228680 2868 72ND ST W $192.54 0332472280 7228 17TH AVE S $193.82 0131967260 6726 OLIVER AVE S $194.13 0337108050 805 71ST ST E $194.16 0231376210 7621 EMERSON AVE S $194.74 0242873010 7301 STEVENS AVE S $196.64 0141872140 7214 PENN AVE S $199.19 0141275140 7514 VINCENT AVE S $199.67 Page 4 of 16 2022 Utility Accounts Scheduled for Certification 0311064300 6430 PORTLAND AVE S $200.69 0342474340 7434 17TH AVE S $200.90 0231672440 7244 BRYANT AVE S $201.50 0121874250 7413 PENN AVE S $205.10 0132169390 6939 MORGAN AVE S $206.68 0111964210 6421 OLIVER AVE S $207.00 0237405230 523 74TH ST W $207.37 0137129240 2924 71ST ST W $207.62 0342574250 7427 18TH AVE S $208.17 0342575090 7509 18TH AVE S $208.29 0242573000 7300 BLAISDELL AVE S $210.22 0332272050 7205 BLOOMINGTON AVE S $211.42 0231373470 7347 EMERSON AVE S $211.43 0242873320 7332 STEVENS AVE S $211.43 0237405210 521 74TH ST W $211.82 0341176200 7620 OAKLAND AVE S $212.49 0321569000 6900 ELLIOT AVE S $213.01 0322569270 6927 18TH AVE S $214.34 0231675400 7540 BRYANT AVE S $214.80 0131070450 7045 XERXES AVE S $214.94 0337108010 801 71ST ST E $215.22 0223066200 6620 3RD AVE S $216.89 0243172390 7239 CLINTON AVE S $217.58 0232071440 7144 HARRIET AVE S $219.19 0233274200 7420 4TH AVE S $219.19 0321467210 6721 CHICAGO AVE S $219.70 0341074240 7424 PORTLAND AVE S $221.62 0211663270 6327 BRYANT AVE S $221.63 0211364360 6436 EMERSON AVE S $222.85 0242173450 7345 GRAND AVE S $224.34 0141574010 7401 SHERIDAN AVE S $224.75 0231872300 7230 LYNDALE AVE S $224.91 0123066170 6617 GIRARD AVE S $227.79 0131170140 7014 WASHBURN AVE S $228.34 0211864400 6440 LYNDALE AVE S $228.77 0242772170 7217 1ST AVE S $228.98 0213566170 6617 LYNWOOD BLVD $229.00 0332572380 7238 18TH AVE S $229.08 0126616000 1600 66TH ST W $231.94 0242076080 7608 HARRIET AVE S $234.27 0212563080 6308 BLAISDELL AVE S $234.27 0216600380 38 66TH ST W $238.17 0243073380 7338 3RD AVE S $238.25 0222966170 6617 2ND AVE S $240.73 0132269450 6945 LOGAN AVE S $243.07 0222767260 6726 1ST AVE S $244.88 0311962140 6214 13TH AVE S $247.20 Page 5 of 16 2022 Utility Accounts Scheduled for Certification 0142471060 7106 JAMES AVE S $249.72 0233714080 1408 LAKE SHORE DR $249.98 0242172090 7209 GRAND AVE S $251.00 0132569290 6929 IRVING AVE S $251.14 0322268270 6827 BLOOMINGTON AVE S $253.60 0111463140 6314 THOMAS AVE S $253.97 0322367090 6709 16TH AVE S $254.11 0132175000 7500 MORGAN AVE S $257.03 0111463140 6314 THOMAS AVE S $260.78 0331672010 7201 10TH AVE S $261.05 0322569260 6926 18TH AVE S $262.63 0322470080 7008 17TH AVE S $264.48 0312264450 6445 BLOOMINGTON AVE S $264.48 0121366400 6640 UPTON AVE S $267.49 0331772380 7238 11TH AVE S $271.85 0321967450 6745 13TH AVE S $271.85 0331572010 7201 ELLIOT AVE S $271.85 0218004150 415 64 1/2 ST W $272.53 0312065010 6501 14TH AVE S $273.78 0231972280 7228 GARFIELD AVE S $273.93 0331772330 7233 11TH AVE S $275.95 0322470200 7020 17TH AVE S $278.76 0242873090 7309 STEVENS AVE S $279.60 0231475170 7517 DUPONT AVE S $279.64 0243270320 7032 4TH AVE S $281.20 0234071090 7109 AUGSBURG AVE S $281.78 0341276210 7621 PARK AVE S $282.10 0332270210 7021 BLOOMINGTON AVE S $282.21 0242872130 7213 STEVENS AVE S $284.62 0212463430 6343 WENTWORTH AVE S $284.65 0212862440 6244 STEVENS AVE S $285.23 0322067080 6708 14TH AVE S $286.22 0342375390 7539 16TH AVE S $289.42 0231573150 7315 COLFAX AVE S $296.91 0331970080 7008 13TH AVE S $297.10 0341675080 7508 10TH AVE S $300.35 0121568250 6825 SHERIDAN AVE S $300.53 0142571110 7111 IRVING AVE S $301.95 0223167130 6713 CLINTON AVE $302.91 0231473090 7309 DUPONT AVE S $305.83 0322370440 7044 16TH AVE S $305.84 0223164280 6428 CLINTON AVE S $307.59 0311765350 6535 11TH AVE S $307.60 0321367360 6736 COLUMBUS AVE S $308.48 0112464140 6414 JAMES AVE S $308.80 0141076530 7653 XERXES AVE S $312.60 0341775390 7539 11TH AVE S $313.46 Page 6 of 16 2022 Utility Accounts Scheduled for Certification 0231174450 7445 GIRARD AVE S $313.68 0231475010 7501 DUPONT AVE S $318.07 0223066370 6637 3RD AVE S $318.53 0322166440 6644 15TH AVE S $321.33 0243070320 7032 3RD AVE S $321.43 0242376140 7614 PILLSBURY AVE S $323.20 0331371450 7145 COLUMBUS AVE S $325.03 0231075050 7505 HUMBOLDT AVE S $327.77 0121168370 6837 WASHBURN AVE S $328.20 0341875140 7514 12TH AVE S $329.13 0121575260 7526 SHERIDAN AVE S $331.22 0231473240 7324 DUPONT AVE S $332.34 0242176000 7600 GRAND AVE S $334.54 0212464090 6409 WENTWORTH AVE S $337.28 0232073090 7309 HARRIET AVE S $339.03 0242673010 7301 NICOLLET AVE S $339.36 0123063430 6343 GIRARD AVE S $342.14 0331871450 7145 12TH AVE S $342.42 0231172200 7220 GIRARD AVE S $342.93 0322366210 6621 16TH AVE S $345.01 0242672010 7201 NICOLLET AVE S $346.00 0331672270 7227 10TH AVE S $346.88 0341474000 7400 CHICAGO AVE S $348.47 0212675080 7508 NICOLLET AVE S $351.57 0332471010 7101 17TH AVE S $351.98 0342176090 7609 15TH AVE S $352.17 0111463150 6315 THOMAS AVE S $355.91 0233373210 7321 5TH AVE S $357.18 0132468160 6816 JAMES AVE S $361.29 0242076200 7620 HARRIET AVE S $363.12 0332573380 7338 18TH AVE S $364.68 0223266250 6625 4TH AVE S $366.10 0337915380 1538 FERN DR $367.27 0331372000 7200 COLUMBUS AVE S $369.13 0331271000 7100 PARK AVE S $371.24 0310064230 6423 16TH AVE S $372.95 0132566380 6638 IRVING AVE S $375.50 0341075080 7508 PORTLAND AVE S $380.49 0111865010 6501 PENN AVE S $380.54 0141972330 7233 OLIVER AVE S $384.92 0222968120 6812 2ND AVE S $385.22 0132169130 6913 MORGAN AVE S $389.97 0131968180 6818 OLIVER AVE S $391.13 0331273390 7339 PARK AVE S $392.14 0243271140 7114 4TH AVE S $392.26 0242672370 7237 NICOLLET AVE S $392.39 0332472340 7234 17TH AVE S $394.91 Page 7 of 16 2022 Utility Accounts Scheduled for Certification 0222966450 6645 2ND AVE S $396.34 0222668100 6810 NICOLLET AVE S $396.56 0231373290 7329 EMERSON AVE S $396.64 0231872280 7228 LYNDALE AVE S $397.51 0312164320 6432 15TH AVE S $398.28 0341274380 7438 PARK AVE S $398.52 0222666330 6633 NICOLLET AVE S $399.49 0316215110 1511 62ND ST E $400.30 0322569380 6938 18TH AVE S $400.30 0311965150 6515 13TH AVE S $400.30 0321267320 6732 PARK AVE S $400.94 0138428770 2877 71 1/2 ST W $402.72 0222269440 6944 PLEASANT AVE S $402.83 0231574390 7439 COLFAX AVE S $403.46 0141772270 7227 QUEEN AVE S $403.82 0242871210 7121 STEVENS AVE S $405.56 0142272080 7208 LOGAN AVE S $406.78 0321867270 6727 12TH AVE S $408.90 0342574010 7401 18TH AVE S $409.05 0141276330 7633 VINCENT AVE S $410.29 0242376270 7627 PILLSBURY AVE S $412.36 0138326040 2604 70 1/2 ST W $412.99 0312062200 6220 14TH AVE S $413.65 0216609250 925 66TH ST W $416.21 0122664280 6428 HUMBOLDT AVE S $417.73 0322266440 6644 BLOOMINGTON AVE S $419.14 0112063070 6307 NEWTON AVE S $420.98 0142470000 7000 JAMES AVE S $421.33 0131370200 7020 UPTON AVE S $422.79 0141773270 7327 QUEEN AVE S $424.47 0147430200 3020 74TH ST W $425.52 0141872000 7200 PENN AVE S $427.46 0227000120 12 70TH ST W $428.12 0211364000 6400 EMERSON AVE S $428.33 0213062380 6238 3RD AVE S $428.96 0121569170 6917 SHERIDAN AVE S $429.81 0342668130 6813 CEDAR AVE S $429.90 0112063150 6315 NEWTON AVE S $430.11 0322467150 6715 17TH AVE S $431.46 0331573080 7308 ELLIOT AVE S $431.46 0112464110 6411 JAMES AVE S $434.08 0331873450 7345 12TH AVE S $435.58 0331373270 7327 COLUMBUS AVE S $435.91 0212162370 6237 GRAND AVE S $436.69 0111263390 6339 VINCENT AVE S $439.58 0137025090 2509 70TH ST W $441.62 0111064350 6435 XERXES AVE S $444.32 Page 8 of 16 2022 Utility Accounts Scheduled for Certification 0121068210 6821 XERXES AVE S $444.75 0331273150 7315 PARK AVE S $448.57 0322069010 6901 14TH AVE S $449.27 0142371440 7144 KNOX AVE S $451.03 0341674000 7400 10TH AVE S $451.94 0341976380 7638 13TH AVE S $452.61 0121168450 6845 WASHBURN AVE S $453.00 0112164390 6439 MORGAN AVE S $453.45 0312163250 6325 15TH AVE S $453.72 0212575300 7530 BLAISDELL AVE S $453.83 0242375060 7506 PILLSBURY AVE S $454.40 0243073050 7305 3RD AVE S $454.40 0132468040 6804 JAMES AVE S $455.91 0332472380 7238 17TH AVE S $459.12 0211366250 6625 EMERSON AVE S $459.53 0131767370 6737 QUEEN AVE S $460.43 0242273320 7332 PLEASANT AVE S $460.89 0321268330 6833 PARK AVE S $462.62 0121666450 6645 RUSSELL AVE S $463.07 0111264080 6408 VINCENT AVE S $463.71 0121166200 6620 WASHBURN AVE S $467.32 0213064380 6438 3RD AVE S $472.67 0237309180 918 73RD ST W $474.79 0121475270 7527 THOMAS AVE S $476.44 0233175320 7532 CLINTON AVE S $476.60 0321568450 6845 ELLIOT AVE S $477.43 0239874410 7441 HUMBOLDT AVE S $477.75 0231275290 7529 FREMONT AVE S $478.18 0112263400 6340 LOGAN AVE S $479.47 0341075160 7516 PORTLAND AVE S $479.54 0243273410 7341 4TH AVE S $479.64 0211863000 6300 LYNDALE AVE S $480.08 0121266320 6632 VINCENT AVE S $481.48 0321668280 6828 10TH AVE S $481.89 0111163040 6304 WASHBURN AVE S $482.18 0111064410 6441 XERXES AVE S $482.41 0231373400 7340 EMERSON AVE S $486.43 0212564290 6429 BLAISDELL AVE S $487.27 0222167160 6716 GRAND AVE S $487.60 0321769100 6910 11TH AVE S $495.24 0341776000 7600 11TH AVE S $495.48 0341876260 7626 12TH AVE S $495.75 0233275330 7533 4TH AVE S $495.79 0312165210 6521 15TH AVE S $499.69 0332571150 7115 18TH AVE S $499.69 0131969450 6945 OLIVER AVE S $500.07 0231775370 7537 ALDRICH AVE S $500.83 Page 9 of 16 2022 Utility Accounts Scheduled for Certification 0331571120 7112 ELLIOT AVE S $502.47 0223169000 6900 CLINTON AVE S $502.78 0132568150 6815 IRVING AVE S $502.99 0312063200 6320 14TH AVE S $503.25 0121368290 6829 UPTON AVE S $506.87 0342276150 7615 BLOOMINGTON AVE S $507.00 0121569330 6933 SHERIDAN AVE S $512.42 0242673200 7320 NICOLLET AVE S $515.16 0321369330 6933 COLUMBUS AVE S $516.04 0241875450 7545 LYNDALE AVE S $516.18 0121268320 6832 VINCENT AVE S $519.05 0321967380 6738 13TH AVE S $521.06 0231873440 7344 LYNDALE AVE S $524.10 0249001360 136 70TH ST E $526.22 0212564280 6428 BLAISDELL AVE S $529.49 0231673010 7301 BRYANT AVE S $532.52 0131371390 7139 UPTON AVE S $533.06 0211663210 6321 BRYANT AVE S $533.07 0232073210 7321 HARRIET AVE S $533.52 0141377320 7732 UPTON AVE S $533.54 0141873250 7325 PENN AVE S $535.20 0342176380 7638 15TH AVE S $539.23 0233370320 7032 5TH AVE S $539.84 0141076450 7645 XERXES AVE S $548.26 0242871040 7104 STEVENS AVE S $548.95 0312365040 6504 16TH AVE S $552.70 0332072250 7225 14TH AVE S $554.06 0233274220 7422 4TH AVE S $554.13 0212476150 7615 WENTWORTH AVE S $555.49 0212676140 7614 NICOLLET AVE S $557.97 0121567090 6709 SHERIDAN AVE S $563.83 0218403560 356 APPLE LA $566.37 0322469270 6927 17TH AVE S $567.42 0232976200 7620 2ND AVE S $572.54 0342276320 7632 BLOOMINGTON AVE S $572.96 0332372350 7235 16TH AVE S $573.84 0212062290 6229 HARRIET AVE S $574.21 0112465310 6531 JAMES AVE S $575.43 0233374160 7416 5TH AVE S $575.76 0211962440 6244 GARFIELD AVE S $576.94 0216609170 917 66TH ST W $577.91 0223068380 6838 3RD AVE S $578.48 0241874010 7401 LYNDALE AVE S $579.14 0132175090 7509 MORGAN AVE S $579.87 0237308000 800 73RD ST W $580.37 0212763390 6339 1ST AVE S $581.08 0222268320 6832 PLEASANT AVE S $584.75 Page 10 of 16 2022 Utility Accounts Scheduled for Certification 0141971330 7133 OLIVER AVE S $586.05 0332571310 7131 18TH AVE S $586.54 0341874390 7439 12TH AVE S $586.86 0121466130 6613 THOMAS AVE S $586.93 0332570250 7025 18TH AVE S $586.96 0141772390 7239 QUEEN AVE S $588.35 0332071010 7101 14TH AVE S $588.65 0311963140 6314 13TH AVE S $590.62 0342375270 7527 16TH AVE S $594.42 0141372380 7238 UPTON AVE S $594.55 0332471340 7134 17TH AVE S $595.78 0121669290 6929 RUSSELL AVE S $595.95 0228800210 21 68TH ST E $597.15 0211364240 6424 EMERSON AVE S $602.30 0212464010 6401 WENTWORTH AVE S $605.38 0142270010 7001 LOGAN AVE S $606.44 0247202150 215 72ND ST W $607.80 0242873200 7320 STEVENS AVE S $607.99 0232072000 7200 HARRIET AVE S $608.76 0331071000 7100 PORTLAND AVE S $614.90 0232072370 7237 HARRIET AVE S $617.74 0337108010 801 71ST ST E $618.12 0231473210 7321 DUPONT AVE S $619.05 0312263300 6330 BLOOMINGTON AVE S $619.30 0233375200 7520 5TH AVE S $621.91 0121268210 6821 VINCENT AVE S $623.24 0132469260 6926 JAMES AVE S $623.47 0326608170 817 66TH ST E $627.76 0332571370 7137 18TH AVE S $628.64 0321968050 6805 13TH AVE S $628.72 0326608170 817 66TH ST E $632.68 0111462370 6237 THOMAS AVE S $634.05 0214110000 1000 MILDRED DR $634.30 0212362340 6234 PILLSBURY AVE S $635.17 0121368200 6820 UPTON AVE S $635.58 0332071270 7127 14TH AVE S $639.60 0141873350 7335 PENN AVE S $640.33 0131868130 6813 PENN AVE S $643.40 0212476320 7632 WENTWORTH AVE S $645.86 0316613100 1310 66TH ST E $645.92 0341875010 7501 12TH AVE S $651.33 0216405000 500 64TH ST W $651.41 0121466120 6612 THOMAS AVE S $651.54 0231972320 7232 GARFIELD AVE S $656.83 0332170100 7010 15TH AVE S $657.40 0243173330 7333 CLINTON AVE S $658.32 0121166370 6637 WASHBURN AVE S $660.04 Page 11 of 16 2022 Utility Accounts Scheduled for Certification 0312164250 6425 15TH AVE S $660.87 0242673030 7303 NICOLLET AVE S $662.36 0223164010 6401 CLINTON AVE S $667.98 0123062260 6226 GIRARD AVE S $668.72 0242772210 7221 1ST AVE S $669.73 0243072040 7204 3RD AVE S $671.53 0321069140 6914 PORTLAND AVE S $673.47 0121466160 6616 THOMAS AVE S $674.47 0322368440 6844 16TH AVE S $675.90 0331473390 7339 CHICAGO AVE S $675.97 0212575450 7545 BLAISDELL AVE S $676.88 0223067130 6713 3RD AVE S $677.18 0226604070 407 66TH ST W $677.61 0321066300 6630 PORTLAND AVE S $678.12 0322468260 6826 17TH AVE S $678.45 0222669210 6921 NICOLLET AVE S $681.66 0231775210 7521 ALDRICH AVE S $683.95 0341274260 7426 PARK AVE S $685.62 0112163160 6316 MORGAN AVE S $689.53 0123064490 6449 GIRARD AVE S $691.38 0131070090 7009 XERXES AVE S $691.47 0331672150 7215 10TH AVE S $691.48 0223263200 6320 4TH AVE S $691.87 0212562350 6235 BLAISDELL AVE S $692.10 0234071250 7125 AUGSBURG AVE S $692.85 0312264340 6434 BLOOMINGTON AVE S $693.45 0212962390 6239 2ND AVE S $695.05 0341476380 7638 CHICAGO AVE S $696.98 0341075140 7514 PORTLAND AVE S $697.85 0332573000 7300 18TH AVE S $700.29 0121568090 6809 SHERIDAN AVE S $704.63 0222875200 7520 STEVENS AVE S $706.89 0342375090 7509 16TH AVE S $707.87 0342274080 7408 BLOOMINGTON AVE S $708.01 0121666400 6640 RUSSELL AVE S $708.90 0332371250 7125 16TH AVE S $711.93 0141973000 7300 OLIVER AVE S $712.68 0121668090 6809 RUSSELL AVE S $714.18 0311762100 6210 11TH AVE S $715.63 0242572200 7220 BLAISDELL AVE S $716.34 0141673000 7300 RUSSELL AVE S $716.51 0121068010 6801 XERXES AVE S $720.58 0242771040 7104 1ST AVE S $725.11 0341075440 7544 PORTLAND AVE S $727.49 0127828000 2800 78TH ST W $727.71 0332473250 7325 17TH AVE S $733.34 0231674250 7425 BRYANT AVE S $734.48 Page 12 of 16 2022 Utility Accounts Scheduled for Certification 0212676450 7645 NICOLLET AVE S $737.63 0312263450 6345 BLOOMINGTON AVE S $743.41 0141274090 7409 VINCENT AVE S $747.36 0322369200 6920 16TH AVE S $748.33 0321368150 6815 COLUMBUS AVE S $748.86 0211763140 6314 ALDRICH AVE S $750.32 0212865010 6501 STEVENS AVE S $753.69 0321368240 6824 COLUMBUS AVE S $753.99 0331872450 7245 12TH AVE S $756.54 0232976390 7639 2ND AVE S $756.85 0212574370 7437 BLAISDELL AVE S $760.29 0332071210 7121 14TH AVE S $763.53 0342669000 6900 CEDAR AVE S $764.39 0212765010 6501 1ST AVE S $767.21 0312264070 6407 BLOOMINGTON AVE S $769.20 0331973440 7344 13TH AVE S $772.16 0212674250 7425 NICOLLET AVE S $774.75 0212665250 6525 NICOLLET AVE S $776.24 0211763130 6313 ALDRICH AVE S $776.51 0341774210 7421 11TH AVE S $777.89 0341176250 7625 OAKLAND AVE S $782.54 0233373040 7304 5TH AVE S $783.61 0321668150 6815 10TH AVE S $784.20 0242375450 7545 PILLSBURY AVE S $784.35 0321568290 6829 ELLIOT AVE S $785.99 0321666330 6633 10TH AVE S $786.11 0216600200 20 66TH ST W $795.55 0233373360 7336 5TH AVE S $798.83 0111262140 6214 VINCENT AVE S $814.11 0211864490 6449 LYNDALE AVE S $817.91 0123063310 6331 GIRARD AVE S $822.47 0321966090 6609 13TH AVE S $825.54 0222968160 6816 2ND AVE S $826.65 0341376330 7633 COLUMBUS AVE S $831.36 0223364280 6428 5TH AVE S $834.96 0312265120 6512 BLOOMINGTON AVE S $844.81 0316214130 1413 62ND ST E $846.74 0243271000 7100 4TH AVE S $848.13 0312262210 6221 BLOOMINGTON AVE S $851.42 0311962200 6220 13TH AVE S $852.17 0332572450 7245 18TH AVE S $856.21 0111963240 6324 OLIVER AVE S $860.54 0242872130 7213 STEVENS AVE S $864.79 0142173090 7309 MORGAN AVE S $867.04 0242972400 7240 2ND AVE S $867.37 0222669150 6915 NICOLLET AVE S $870.38 0312062080 6208 14TH AVE S $870.46 Page 13 of 16 2022 Utility Accounts Scheduled for Certification 0233275440 7544 4TH AVE S $880.93 0242871000 7100 STEVENS AVE S $881.26 0222876210 7621 STEVENS AVE S $881.33 0341175390 7539 OAKLAND AVE S $887.90 0138430140 3014 71 1/2 ST W $889.91 0342668140 6814 CEDAR AVE S $892.43 0142470110 7011 JAMES AVE S $893.21 0341176210 7621 OAKLAND AVE S $894.15 0332573450 7345 18TH AVE S $897.41 0111262200 6220 VINCENT AVE S $897.95 0123063380 6338 GIRARD AVE S $899.03 0137129100 2910 71ST ST W $900.47 0232073040 7304 HARRIET AVE S $911.08 0233370390 7039 5TH AVE S $914.78 0341775200 7520 11TH AVE S $917.25 0233375320 7532 5TH AVE S $918.72 0331070160 7016 PORTLAND AVE S $921.84 0211663150 6315 BRYANT AVE S $929.00 0211962260 6226 GARFIELD AVE S $930.90 0326706190 619 67TH ST E $932.53 0121167400 6740 WASHBURN AVE S $940.04 0211463050 6305 DUPONT AVE S $940.22 0326807210 721 68TH ST E $944.27 0321667330 6733 10TH AVE S $959.52 0341174140 7414 OAKLAND AVE S $960.87 0341175090 7509 OAKLAND AVE S $962.37 0213063200 6320 3RD AVE S $962.71 0231674290 7429 BRYANT AVE S $966.59 0112065290 6529 NEWTON AVE S $970.67 0311762380 6238 11TH AVE S $984.11 0322467260 6726 17TH AVE S $989.09 0337915440 1544 FERN DR $991.55 0342476000 7600 17TH AVE S $1,003.52 0331872080 7208 12TH AVE S $1,007.04 0111865250 6525 PENN AVE S $1,013.08 0132569400 6940 IRVING AVE S $1,021.45 0233276000 7600 4TH AVE S $1,029.31 0341774080 7408 11TH AVE S $1,034.71 0138428240 2824 71 1/2 ST W $1,035.31 0332570380 7038 18TH AVE S $1,041.11 0121166410 6641 WASHBURN AVE S $1,043.99 0141772200 7220 QUEEN AVE S $1,051.94 0342276080 7608 BLOOMINGTON AVE S $1,061.77 0332272240 7224 BLOOMINGTON AVE S $1,066.44 0231275080 7508 FREMONT AVE S $1,068.54 0111262390 6239 VINCENT AVE S $1,072.76 0222369260 6926 PILLSBURY AVE S $1,073.89 Page 14 of 16 2022 Utility Accounts Scheduled for Certification 0222668030 6803 NICOLLET AVE S $1,080.54 0242474090 7409 WENTWORTH AVE S $1,081.53 0111263200 6320 VINCENT AVE S $1,082.64 0212362290 6229 PILLSBURY AVE S $1,086.70 0243072390 7239 3RD AVE S $1,091.72 0331073280 7328 PORTLAND AVE S $1,097.50 0111563010 6301 SHERIDAN AVE S $1,098.79 0222967330 6733 2ND AVE S $1,119.66 0331471220 7122 CHICAGO AVE S $1,126.18 0331270240 7024 PARK AVE S $1,132.74 0237312200 1220 73RD ST W $1,146.39 0221968410 6841 GARFIELD AVE S $1,155.24 0311764150 6415 11TH AVE S $1,156.31 0311864380 6438 12TH AVE S $1,161.12 0132668390 6839 HUMBOLDT AVE S $1,167.45 0132369170 6917 KNOX AVE S $1,169.60 0342475280 7528 17TH AVE S $1,172.68 0312163320 6332 15TH AVE S $1,174.70 0321868010 6801 12TH AVE S $1,184.19 0111463150 6315 THOMAS AVE S $1,193.07 0331071170 7117 PORTLAND AVE S $1,244.04 0341174200 7420 OAKLAND AVE S $1,256.25 0332571200 7120 18TH AVE S $1,256.96 0233274120 7412 4TH AVE S $1,259.77 0321869350 6935 12TH AVE S $1,272.98 0331070200 7020 PORTLAND AVE S $1,278.60 0341876270 7627 12TH AVE S $1,286.91 0322470260 7026 17TH AVE S $1,307.22 0332170040 7004 15TH AVE S $1,315.92 0121067210 6721 XERXES AVE S $1,323.65 0141970270 7027 OLIVER AVE S $1,330.07 0311064120 6412 PORTLAND AVE S $1,346.87 0331872380 7238 12TH AVE S $1,357.61 0121368450 6845 UPTON AVE S $1,384.58 0332170380 7038 15TH AVE S $1,401.73 0331870270 7027 12TH AVE S $1,414.99 0131272140 7214 VINCENT AVE S $1,416.84 0116617060 1706 66TH ST W $1,416.96 0331772320 7232 11TH AVE S $1,458.76 0141970200 7020 OLIVER AVE S $1,464.45 0332273140 7314 BLOOMINGTON AVE S $1,472.18 0126627110 2711 66TH ST W $1,495.56 0332572280 7228 18TH AVE S $1,501.23 0332070080 7008 14TH AVE S $1,554.20 0212674140 7414 NICOLLET AVE S $1,586.66 0222876390 7639 STEVENS AVE S $1,620.81 0332371340 7134 16TH AVE S $1,649.90 Page 15 of 16 2022 Utility Accounts Scheduled for Certification 0332572090 7209 18TH AVE S $1,655.74 0132767330 6733 OAKLAND TER $1,712.56 0211366260 6626 EMERSON AVE S $1,807.42 0321966320 6632 13TH AVE S $1,928.82 0332172380 7238 15TH AVE S $1,941.79 0121569050 6905 SHERIDAN AVE S $2,024.08 0311764010 6401 11TH AVE S $2,166.39 0332271200 7120 BLOOMINGTON AVE S $2,231.21 0131866000 6600 PENN AVE S $2,358.27 0132667390 6739 HUMBOLDT AVE S $2,788.01 0212676270 7627 NICOLLET AVE S $2,878.61 0232072120 7212 HARRIET AVE S $2,961.37 0131866120 6612 PENN AVE S $3,095.11 0332573200 7320 18TH AVE S $3,174.88 0237713050 2 MERIDIAN CROSSINGS $3,238.24 0211863360 6336 LYNDALE AVE S $4,077.61 0222666010 9 66TH STR EAST $4,536.89 0312662440 6244 CEDAR AVE S $5,737.56 0131766200 6620 QUEEN AVE S $6,219.49 0121974200 7420 OLIVER AVE S $49,009.15 Page 16 of 16 AGENDA SECTION:PROPOSED ORDINANCES AGENDA ITEM #8. STAFF RE P ORT NO. 150 CIT Y COUNCIL ME E T ING 10/11/2022 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: Jay Henthorne, P ublic S afety D irector, Jennifer A nderson, P ublic Health A dministrator Mike F laherty, D eputy C hief C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager 9/21/2022 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consider the second reading of an ordinance adopting Section 625 of the City Code Prohibiting Conversion Therapy for Minors and Vulnerable Adults E X E C UT IV E S UM M ARY: City Council is being asked to consider an Ordinance adopting City Code Section 625 prohibiting Conversion Therapy for Minors and Vulnerable Adults. The City Council heard a presentation at the J une 8, 2021 Council work session on exploring a conversion therapy ban in the future. The City Council supported moving forward with a ban and asked staff and the Richfield Human Rights Commission (HRC) to begin drafting an ordinance with these protections. At the August 4, and September 6, 2022 meetings, the HRC reviewed an ordinance presented by staff. Based on discussions with the HRC during these meetings, staff made updates to the proposed ordinance. The HRC recommended the ordinance be sent on to the City Council for review and formal approval. As Council has already discussed this ordinance during a work session, staff is recommending adoption of this ordinance. Background: The proposed ordinance would ban “conversion therapy” for minors and vulnerable adults in Richfield. The proposed ordinance defines “conversion therapy” or “reparative therapy” as any practice or treatment by a provider that seeks to change an individual’s sexual orientation, gender identity, or gender expression. The HRC has taken on this issue as it is directly related to their commitment to the Minnesota Human Rights Act (MHRA). The MHRA prohibits discrimination in Minnesota and is enforced by the Minnesota Department of Human Rights (MD HR). The state law prohibits discrimination in employment, housing, public accommodations, public services, education, credit, and business based on protected class, including sexual orientation and gender identity. I n Minnesota, the practice of conversion therapy for minors and vulnerable adults is currently restricted by Executive Order 21-25. As Executive Order 21-25 is currently enforceable, the governor has tasked the MD HR with investigating any violations of this order. I f, due to legislative or legislative actions, Executive Order 21-25 was not in place, there may be questions about the enforceability of this provision at the state level. This proposed ordinance would ensure there are protections for minors and vulnerable adults if the protections offered by the executive order were to be removed. The HRC’s purpose is “is to secure for all citizens equal opportunity in employment, housing, public accommodations, public services and education and full participation in the affairs of this community and to take appropriate action consistent with the Minnesota Human Rights Act. The Commission shall also advise the City Council on long range programs to improve human relations in the City.” This proposed ordinance is directly aligned with the HRC’s charge from the Council. W hy pass an ordinance banning conversion therapy? Research shows conversion therapy is harmful to those who have undergone this practice. According to the Trevor Project’s 2019 national survey on L GB TQ+ mental health, 42 percent of L GB TQ+ youth who have undergone conversion therapy have attempted suicide, compared to 17 percent for those who have not. Numerous professional health organizations, including the American Psychiatric Association, the American Medical Association, the American Psychological Association, the Minnesota Medical Association, and the Minnesota Psychological Association, have repeatedly voiced their opposition to these practices and the harm this causes. Although there is currently no Federal ban on conversion therapy, 20 States including the District of Columbia and Puerto Rico have moved to ban this practice at the state level. Seven Minnesota cities (St Paul, Minneapolis, W est St. Paul, W inona, Northfield, Duluth, and Rochester) currently have ordinances in place banning this harmful practice. I n Minnesota, the practice of conversion therapy for minors and vulnerable adults is currently restricted by Executive Order 21-25. There have been a few bills introduced in the Minnesota House (HF2156) and Senate which would have banned on conversion therapy statewide, but no law has yet passed. By passing a local ordinance, Richfield can ensure minors and vulnerable adults are protected. Should State law change to ban this practice statewide there will be no impact on the proposed city ordinance as it will remain dormant. Summary of proposed ordinance This ordinance was reviewed by the City Manager, City Attorney, Director of Public Safety, and the City’s Public Health Administrator. I t was modeled on a number of ordinances passed by cities. The purpose, findings, and specific points to note in the ordinance are as follows: The practice of conversion therapy has been found to lead to critical health risks and inequities including anxiety, depression, decreased self-esteem, substance abuse, homelessness, self-harm, and suicide. Major medical, mental health, and child welfare professional associations, including the American Psychological Association, American Psychiatric Association, American Medical Association, and American Academy of Pediatrics, have found conversion therapy ineffective, unreliable, and unsafe. Minors and vulnerable adults are especially vulnerable to the harms associated with conversion therapy and may lack the ability to make decisions about their own medical and mental health. The proposed ordinance would apply to licensed providers as defined as follows: “Provider” means any licensed medical or mental health professional including, but not limited to, licensed mental health counselors, mental health counselor associates, marriage and family therapists, marriage and family therapist associates, social workers, and social worker associates, and any physicians, psychologists, psychotherapist, certified chemical dependency professionals, certified chemical dependency professional trainees, counselors, certified counselors, and certified advisers. A provider does not include members of the clergy or religious officials who are (1) acting in their roles as clergy, religious officials, or pastoral counselors and (2) providing religious counseling. This includes providers who may be located outside city limits but provide this service via “Teleconferencing” or “Telemedicine”. As noted in the above definition, this ordinance does not affect religious counselors or individual prayer practices. This ties the ban to the purpose of the ordinance, to protect the health of children and vulnerable adults and removes potentially unconstitutional-speech requirements. Conversion therapy does not include mental health services that (1) provide assistance to an individual undergoing gender transition or confirmation (2) facilitate an individual’s acceptance, support, understanding, exploration, and development of gender identity or sexual orientation; or (3) prevent or address unlawful conduct or unsafe sexual practices if such mental health services do not seek to change or are not conducted with the goal of changing the person’s sexual orientation or gender identity; or (4) are required by a court order, decision, or judgment of a judicial officer. Enforcement: The enforcement provisions allow the City Manager or designated City staff, in coordination with the Director of Public Safety and City Attorney to investigate and follow the City's standard administrative citation process outlined in Chapter 325 of City Code or refer the violation to appropriate state licensing boards, authorities, and/or agencies. Violations of this Section are punishable by civil fines set annually by Appendix D of the City Code. This includes separate civil fine amounts for a first, second, and any subsequent violation. Staff is recommending the fine amount for a violation of this section should be $1,000 per instance, the maximum amount per the City Charter, regardless of number of prior violations. Severability: I f any part, term, or provision of this Section or the application is held to be invalid or unconstitutional, such portion shall be deemed severable and shall not affect the validity of the remaining portions of this section. The remaining portions shall continue in full force and effect. The invalid provision will be modified to the extent necessary so the section continues to be enforceable. Effective date for enforcement: The city recognizes the practice of conversion therapy for minors and vulnerable adults is currently restricted in Minnesota by Executive Order 21-25. The city wishes to enact this section to ensure, regardless of the political climate, the protections of minors and vulnerable adults remain in place. This ordinance shall become enforceable effective thirty (30) days following the occurrence of any of the following circumstances: 1. Action from the Minnesota Governor ’s office which rescinds or blocks Executive Order 21-25; or 2. Adoption of an amendment to the Constitution of the State of Minnesota which provides cities the authority to allow conversion therapy or reparative therapy; or 3. The City Council moves, by resolution, to begin immediate enforcement of this ordinance. Generally, the City used A PA definitions, when available. The professional terminology used to discuss gender identity, sexual orientation, gender expression, and conversion therapy, is still in development. Staff used terminology from the American Psychological Association’s Guidelines for Psychological Practice with Transgender and Gender Nonconforming People when available (sexual orientation, gender expression, and gender identity). To the extent possible, the language used allows a ban on the broadest-possible range of harmful practices and provides protections to the greatest number of the L GB TQ+ community. A first reading of the attached ordinance was approved by the Council on September 27, 2022. City Council is being asked to approve the Ordinance adopting City Code Section 625, the prohibition of Conversion Therapy for Minors and Vulnerable Adults and, by resolution, authorize summary publication of said ordinance RE C O M M E ND E D AC T I O N: By motion: 1. Approve the attached ordinance adopting Section 625 of the City Code Prohibiting Conversion Therapy for Minors and Vulnerable Adults; and 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 Please see executive summary. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): None 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: The City attorney has reviewed and approved this ordinance. ALTE R N AT IV E R E C O MME N D ATIO N(S): The City Council could defer action on this item to a future meeting or amend the proposed ordinance. P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: HRC Commissioner Mara Glubka AT TAC H ME N T S: D escription Type P roposed C onversion Therapy Ordinance Ordinance S ummary P ublication Resolution Ordinance 1 BILL NO. XXX AN ORDINANCE ADOPTING SECTION 635 IN RICHFIELD CITY CODE PERTAINING TO THE PROHIBITION OF CONVERSION THERAPY FOR MINORS AND VULNERABLE ADULTS THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Chapter VI, of the Richfield Code of Ordinances is amended to add the following new Section 635 as follows: SECTION 635. – PROHIBITION OF CONVERSION THERAPY FOR MINORS AND VULNERABLE ADULTS 635.01. - Findings and Purpose. Subdivision 1. The practice of conversion therapy has been found to lead to critical health risks and inequities including anxiety, depression, decreased self-esteem, substance abuse, homelessness, self -harm, and suicide. Subd. 2. Major medical, mental health, and child welfare professional associations, including the American Psychological Association, American Psychiatric Association, American Medical Association, and American Academy of Pediatrics, have found conversion therapy ineffective, unreliable, and unsafe. Subd. 3. Minors and vulnerable adults are especially vulnerable to the harms associated with conversion therapy and may lack the ability to make decisions about their own medical and mental health. Subd. 4. The city has a compelling interest in protecting the physical and psychological health of minors and vulnerable adults and in protecting them against exposure to the serious harms caused by the practice of conversion therapy. Subd. 5. It is necessary for the City Council to exercise its legislative power to protect and promote the health, safety, and welfare of the city’s minors and vulnerable adults. Subd. 6. This section is an exercise of the city’s commitment to achieving a high quality of life relating to the protection of public health, safety, and welfare. Its provisions shall be liberally construed to accomplish that purpose. The purpose of this section is to protect the physical and psychological health of minors and vulnerable adults from exposure to the serious harms caused by conversion therapy. Subd.7. The city recognizes the practice of conversion therapy for minors and vulnerable adults is currently restricted in Minnesota by Executive Order 21-25, 2 but the city wishes to enact this section to ensure the protections of minors and vulnerable adults regardless of the political climate. 635.02.- Definitions. Subdivision 1. General Rule. The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning. Subd. 2. “Conversion therapy” or “reparative therapy” means any practice or treatment by a provider that seeks to change an individual’s sexual orientation, gender identity, or gender expression. Conversion therapy does not include mental health services that (1) provide assistance to an individual undergoing gender transition or confirmation (2) facilitate an individual’s acceptance, support, understanding, exploration, and development of gender identity or sexual orientation; or (3) prevent or address unlawful conduct or unsafe sexual practices if such mental health services do not seek to change or are not conducted with the goal of changing the person’s sexual orientation or gender identity; or (4) are required by a court order, decision, or judgment of a judicial officer. Subd. 3. “Gender expression” means the presentation and behaviors of an individual that express aspects of gender identity or role. Gender expression may or may not conform to a person’s gender identity. Subd. 4. “Gender identity” means a person’s deeply‐felt, inherent sense of being a boy, a man, or male; a girl, a woman, or female; or an alternative gender (e.g., genderqueer, gender nonconforming, gender neutral) that may or may not correspond to a person’s sex assigned at birth or to a person’s primary or secondary sex characteristics. Since gender identity is internal, a person’s gender identity is not necessarily visible to others. Subd. 5. “Minor” includes any person less than eighteen (18) years of age, except those persons who are able to give effective consent to medical and mental health services pursuant to Minnesota Statutes, Chapter 144. Subd. 6. “Provider” means any licensed medical or mental health professional including, but not limited to, licensed mental health counselors, mental health counselor associates, marriage and family therapists, marriage and family therapist associates, social workers, and social worker associates, and any physicians, psychologists, psychotherapist, certified chemical dependency professionals, certified chemical dependency professional trainees, counselors, certified counselors, and certified advisers. A provider does not include members of the clergy or religious officials who are (1) acting in their roles as clergy, religious officials, or pastoral counselors and (2) providing religious counseling. Subd. 7. “Sexual Orientation” means a component of identity that includes a person’s sexual and emotional attraction to another person and the behavior and/or social affiliation that may result from this attraction. This definition does 3 not include any criminal conduct as defined in Minnesota Statutes, Chapter 609. Subd. 8. “Vulnerable adult” includes any person 18 years of age or older and who meets the definition of a vulnerable adult in Minnesota Statutes, Section 626.5572. Subd. 9. “Clergy” or “Religious Official” has the meaning given by Minnesota Statutes, Section 148.9075, and includes recognized religious officials, including ministers, priests, rabbis, imams, Christian Science practitioners, and other persons recognized by the Minnesota Board of Psychology, conducting counseling activities that are within the scope of the performance of their regular recognizable religious denomination or sect, as defined in current federal tax regulations, if the religious official does not hold them self out as a provider, as defined in this article, and the official remains accountable to the established authority of the religious denomination or sect. Subd. 10. “Teleconferencing” or “Telemedicine” means the distribution of health- related services and information via electronic information and telecommunication technologies (e.g., video conferencing or web-based communication tools that enable a provider in one location to consult with an individual in a second location). 635.03. - Prohibition on conversion therapy for minors or vulnerable adults. Subdivision 1. It shall be unlawful for a provider to conduct or practice conversion therapy on a minor or a vulnerable adult within the city limits , including conversion therapy via teleconferencing or telemedicine in which the minor, vulnerable adult, and/or provider is located within the city limits. Subd. 2. Nothing in this section shall be construed to prevent a person employed by a post- secondary or graduate institution from teaching and conducting research on conversion therapy within an educational institution that is recognized by a regional accrediting organization or by a federal, state, county, or local government institution, agency, or research facility, so long a s the institution provides appropriate research oversight mechanisms to ensure public protection and the person is not providing direct clinical services of conversion therapy to minors. Subd. 3. This section does not prohibit the practice of conversion therapy on individuals over the age of 18, who are not considered vulnerable adults under Minnesota Statutes, Section 626.5572. 635.04. - Enforcement. Subdivision 1. Upon receipt of a report of an alleged violation of this section, the City Manager or their designee, in coordination with the Director of Public Safety and City Attorney, may, as deemed appropriate, investigate the allegation. Subd. 2. Upon discovery of a violation of this Section, the city may implement 4 the administrative citations and civil pe nalty procedure detailed in Section 325 of this Code. Subd. 3. Each subsequent instance or session of conducting or practicing conversion therapy or reparative therapy on a minor or a vulnerable adult is a distinct offense, for which a separate administrative citation and fine may be issued. Subd. 4. Violations of this Section are punishable by civil fines set annually by Appendix D of the City Code, including separate civil fine amounts for a first, second, and any subsequent violation. Subd. 5. The City Manager or their designee, in coordination with the Director of Public Safety and City Attorney, will report the violation and details surrounding the violation to each appropriate licensing board or authority or state agency. Subd. 6. Notwithstanding any law or ordinance to the contrary, this Section does not prohibit or preclude any other available legal remedies for any violation of the law, including without limitation, criminal or civil actions. This includes remedies at the state or federal level. 635.05. - Severability. If any part, term, or provision of this Section or the application thereof to any person or circumstances is held by a court of competent jurisdiction to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such portion shall be deemed severable and such unconstitutionality or invalidity shall not affect the validity of the remaining portions of this section, which remaining portions shall continue in full force and effect. The invalid provision will be modified to the extent necessary so the section continues to be enforceable. 635.06. - Effective date for enforcement The city recognizes the practice of conversion therapy for minors and vulnerable adults is currently restricted in Minnesota by Executive Order 21-25. The city wishes to enact this section to ensure, regardless of the political climate, the protections of minors and vulnerable adults remain in place. Notwithstanding any other provision of law, this section shall become enforceable effective thirty (30) days following the occurrence of any of the following circumstances: (a) Action from the Minnesota Governor’s office which rescinds or blocks Executive Order 21-25; or (b) Adoption of an amendment to the Constitution of the State of Minnesota which provides cities the auth ority to allow conversion therapy or reparative therapy; or (c) The City Council moves, by resolution, to begin immediate enforcement of this ordinance. 5 Section 2. Appendix D of the Richfield Municipal Code is amended as follows: Appendix D – License, Permit and Miscellaneous Fees Section 11. Miscellaneous Fees. Type of Permit or License Section Description Fee Requiring Violation of Conversion Therapy Ban 635 Providing Conversion therapy to a minor or vulnerable adult $1,000 per instance Section 3. Effective Date. This ordinance becomes effective on January 1, 2023. Passed by the City Council of the City of Richfield, Minnesota this 11th day of October, 2022. Maria Regan Gonzalez, Mayor ATTEST: Kari Sinning, City Clerk RESOLUTION NO. RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE ADOPTING SECTION 635 IN RICHFIELD CITY CODE PERTAINING TO THE PROHIBITION OF CONVERSION THERAPY FOR MINORS AND VULNERABLE ADULTS 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 ADOPTING SECTION 635 OF THE CITY CODE PERTAINING TO THE PROHIBITION OF CONVERSION THERAPY FOR MINORS AND VULNERABLE ADULTS This summary of the ordinance is published pursuant to Section 3.12 of the Richfield City Charter. This ordinance establishes City Code Section 635 which protects the physical and psychological health of minors and vulnerable adults by safeguarding them against exposure to the serious harms caused by the practice of conversion therapy. This section is an exercise of the city’s commitment to achieving a high quality of life relating to the protection of public health, safety, and welfare. 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 Management Analyst at 612-861-9712. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of October, 2022. Maria Regan Gonzalez, Mayor ATTEST: Kari Sinning, City Clerk AGENDA SECTION:PROPOSED ORDINANCES AGENDA ITEM #9. STAFF RE P ORT NO. 151 CIT Y COUNCIL ME E T ING 10/11/2022 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 9/22/2022 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 9/22/2022 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 interim ordinance authorizing a study and imposing a one -ye ar moratorium on the sale of Cannabis products E X E C UT IV E S UM M ARY: On September 27th, the City Council delayed the first reading of the Ordinance to October 11th, 2022. I n 2022, the Minnesota Legislature passed legislation that authorized the sale of certain edibles and beverages infused with tetrahydrocannabinol (THC) extracted from hemp. The legislation provided limited regulation of these products in Minn. Stat. § 151.72 under the Board of Pharmacy, including restrictions and requirements on packaging, labeling, amount of THC, and sale of these products to those under the age of 21. Cities were not consulted during the drafting of this legislation but have local concerns that need to be addressed. Though the new law has some regulations on the products, there are significant gaps in state oversight and accountability of the manufacturing and production, testing, and distribution of the products. On September 13, 2022, staff presented to the City Council in a work session. The presentation included background on the new law, League of Minnesota Cities work group update, staff concerns at the city level, four options for consideration, staff recommendations, and finally, time for questions and discussion. Staff's recommendation to the Council was to implement a one-year moratorium and then license the sellers of cannabis products. The purpose of the moratorium is to allow the City time to study the impacts of cannabis products and to allow staff time to prepare a licensing ordinance for Council consideration. I f the Council adopts a licensing ordinance before the one-year period is over, it can repeal the moratorium. RE C O M M E ND E D AC T I O N: By Motion: Approve the first reading of an interim ordinance authorizing a study and imposing a one- year moratorium on cannabis products and schedule a second reading for October 25, 2022. B AS IS O F RE C O M M E ND AT I O N: A.H IS TOR IC AL C ON T E X T In 2022, the Minnesota Legislature passed legislation that authorized the sale of certain edibles and beverages infused with tetrahydrocannabinol (T HC) extracted from hemp. T he legislation provided limited regulation of these products in Minn. Stat. § 151.72 under the Board of Pharmacy, including restrictions and requirements on packaging, labeling, amount of T HC, and sale of these products to those under the age of 21. Cities were not consulted during the drafting of this legislation but have local concerns that need to be addressed. Though the new law has some regulations on the products, there are significant gaps in state oversight and accountability of the manufacturing and production, testing, and distribution of the products. Additionally, the law does not provide any restrictions on where the products can be sold and offers no guidance for local governments to regulate the sale of the products. T he new law increases enforcement responsibilities for local governments which will result in additional costs for cities. Lacking significant oversight and regulations at the state level, some cities passed licensing and/or zoning regulations over the products. Though the law does not prohibit local regulation, many outstanding questions remain pertaining to law enforcement, employment, and the state-city dynamic of regulating and enforcing the law related to these newly legal products. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): The City of Richfield addresses medical cannabis in the Zoning Code. There are no ordinances that address cannabinoids in the code. C.C R IT IC AL T IMIN G IS S U E S: A one-year moratorium was recommended by staff to allow sufficient time to learn from other cities experiences, research the issues and develop ordinance language and licensing protocol. D.F IN AN C IAL IMPAC T: N/A E.L E GAL C ON S ID E R AT ION: The City Attorney has reviewed the proposed interim 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 could decide to not approve the moratorium and direct staff on 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 THC Moratorium C over Memo 1 RC160\1\825199.v1 BILL NO. _____ AN INTERIM ORDINANCE AUTHORIZING A STUDY AND IMPOSING A MORATORIUM ON THE SALE OF CANNABIS PRODUCTS THE CITY OF RICHFIELD DOES ORDAIN: SECTION 1. Legislative Findings (a) There is a great deal of uncertainty regarding the effect of Minnesota Laws 2022, Chapter 98 amending Minnesota Statutes, section 151.72 (“Act”) to allow the sale of edible cannabinoid products (“Cannabis Products”). (b) Because the proposal to allow the sale of Cannabis Products received little publicity until the Act went into effect on July 1, 2022, the City of Richfield (“City”) did not have an opportunity to study and consider the potential impacts of the Act on the City. Nor did the City Council have sufficient time to engage in policy discussions regarding the regulations the City Council may elect to impose on the sale of Cannabis Products. (c) The Act authorizes the Minnesota Board of Pharmacy to enforce the Act, but the Act does not provide for any licensing of manufacturers or of those who sell Cannabis Products. The Act is also silent regarding the enactment of local regulations related to Cannabis Products. (d) The Legislature did not expressly prohibit or limit local regulations, and the regulations established in the Act clearly do not constitute the Legislature having occupied the field of regulation regarding the sale of Cannabis Products. (e) The City Council finds the uncertainties associated with sale of Cannabis Products, and the options for local regulation, compels the need for a study to develop information the City Council can rely on as it engages in policy discussions related to potential regulation of Cannabis Products through the adoption of licensing and zoning controls. (f) The City Council is authorized to adopt an interim ordinance “to regulate, restrict, or prohibit any use . . . within the jurisdiction or a portion thereof for a period not to exceed one year from the date it is effective.” Minnesota Statutes, section 462.355, subdivision 4(a). (g) The City Council is also authorized as part of its general police powers to adopt business licensing requirements related to the sale of Cannabis Products. 2 RC160\1\825199.v1 (h) The Minnesota Supreme Court in Almquist v. Town of Marshan, 245 N.W.2d 819 (Minn. 1976) upheld the enactment of a moratorium despite the lack of express statutory authority as being a power inherent in a broad legislative grant of power to municipalities. In most cases, the enactment of business licensing requirements is based on a city’s police powers, which is the broadest grant of power to cities. Inherent in that broad grant of authority is the power to temporarily place a moratorium on a business activity to study and potentially implement licensing regulations on that business activity. (i) There are both business licensing and zoning issues associated with the sale of Cannabis Products the City Council determines it needs time to study to consider the development and adoption of appropriate local regulations. In order to protect the planning process and the health, safety, and welfare of the residents while the City conducts its study and the City Council engages in policy discussions regarding possible regulations, the City Council determines it is in the best interests of the City to impose a temporary moratorium on the sale of Cannabis Products. SECTION 2. Definitions. For the purposes of this Ordinance, the following words, terms, and phrases shall have the meanings given them in this Article. (a) “Act” means 2022 Minnesota Session Laws, Chapter 98 (H.F. No. 4065), amending Minnesota Statutes, section 151.72. (b) “Cannabis Products” means Edible Cannabinoid Product regulated by the Act, effective July 1, 2022. This term excludes products that are not intended to be eaten or consumed by humans or that contain less than 0.1 percent of any tetrahydrocannabinol. (c) “City” means the City of Richfield. (d) “City Code” means the Richfield City Code. (e) “Edible Cannabinoid Product” has the same meaning given the term in Minnesota Statutes, section 151.72, subdivision 1(c). SECTION 3. Study. City staff shall conduct a study regarding Cannabis Products and provide the City Council a report on the potential regulations of such products. The report shall include the City staff’s recommendations on whether the City Council should adopt regulations and, if so, the recommended types of regulations. The stu dy shall consider, but is not limited to, the following: (a) The potential impacts of the sale of Cannabis Products within the City; (b) Licensing the sale of Cannabis Products and related regulations; and 3 RC160\1\825199.v1 (c) Zoning regulations related to the sale, manufacture, and distribution of Cannabis Products as uses within the City. SECTION 4. Moratorium. A moratorium is hereby imposed to prohibit any business, person, or entity from offering for sale or selling Cannabis Products to the public within the jurisdictional boundaries of the City. The City shall not accept, process, or act on any application, site plan, building permit, or other zoning approval for a business proposing to engage in the sale of Cannabis Products. SECTION 5. Violations. During the term of the moratorium, it is a violation of this Ordinance for any business, person, or entity to offer for sale, or to sell, Cannabis Products within the City. SECTION 6. Exceptions. The moratorium imposed by this Ordinance does not apply to the sale of medical cannabis or non-edible hemp products that were lawful to sell prior to the effective date of the Act. ARTICLE 7. Enforcement. A violation of this Ordinance shall be a misdemeanor. In addition, the City may enforce this Ordinance by mandamus, injunction, other appropriate civil remedy in any court of competent jurisdiction, or through applicable penalties under the City Code. ARTICLE 8. Severability. Every section, provision, and part of this Ordinance is declared severable from every other section, provision, and part of this Ordinance. If any section, provision, or part of this Ordinance is held to be invalid by a court of competent jurisdiction, such judgment shall not invalidate any other section, provision, or part of this Ordinance. ARTICLE 9. Effective Date and Term. This Ordinance shall be effective immediately and shall have a term of 12 months. This Ordinance shall remain in effect until the expiration of the 12-month term, until it is expressly repealed by the City Council, or until the effective date of an ordinance amending the City Code to address the sale of Cannabis Products, whichever occurs first. Adopted by the City of Richfield this 11th day of October 2022. Maria Regan Gonzalez, Mayor ATTEST: Kari Sinning, City Clerk AGENDA SECTION:RESOLUTIONS AGENDA ITEM #10. STAFF REPORT NO. 152 CITY COUNCIL MEETING 10/11/2022 REPORT PREPARED BY: Sam Crosby, Planner II DEPARTMENT DIRECTOR REVIEW: Melissa Poehlman, Community Development Director 9/28/2022 OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: Katie Rodriguez, City Manager 10/5/2022 ITEM FOR COUNCIL CONSIDERATION: Consider resolutions approving a preliminary plat and final plat in order to subdivide one lot into two, vacation of existing drainage and utility easements to be re-dedicated with the proposed plat, and an amendment to a Planned Unit Development to accommodate minor modifications triggered by the proposed new lot line at 600 - 64th Street West. EXECUTIVE SUMMARY: North Bay Companies (Applicant) is requesting a replat of the property at 600 - 64th Street West. The subdivision of one lot into two will allow the Richlyn and Riley apartment buildings to be refinanced separately. The Applicant has also requested a vacation of all the existing drainage and utility easements granted by the original plat, as they are to be re-dedicated with the proposed plat. Finally, the proposed subdivision creates the need for additional flexibility from the Zoning Code in three ways: 1.The Richlyn lot will not meet the 5 foot parking setback requirement from the new (east/rear) lot line; 2.The Riley lot will not meet the 5 foot parking setback requirement from the new (west/side) lot line; and 3.The Riley lot will be 83% impervious, while the Planned Unit Development (PUD) as a whole remains at 79.3%. No physical changes are being made to the site. The entire proposal is administrative in nature. The changes on paper will have no impact on the adjacent properties. The amount of flexibility granted with the original approval was very minor and the additional deviations are commensurate. For these reasons, staff finds that the proposal is reasonable. Staff further finds that the proposal conforms with the Comprehensive Plan and otherwise meets the requirements of the Zoning Code. RECOMMENDED ACTION: By motion: 1.Approve the resolution for both the preliminary plat and the final plat;2.Approve the resolution amending the Planned Unit Development; and3.Approve the resolution vacating existing drainage and utility easements. BASIS OF RECOMMENDATION: A.HISTORICAL CONTEXT In June of 2020, the City approved a Reguiding, Rezoning and PUD for a new five-story, 82-unit building on 64th Street “The Riley”, and renovations to an existing 22-unit building at 6345 Lyndale Avenue South “The Richlyn”. The proposal met all Zoning Code requirements of the underlying MU-N zoning district with one sole deviation; the number of compact parking stalls (27) is slightly higher than permitted (23). The property was platted as a single parcel at the time. Construction of the project was recently completed and the building is currently 85.37% leased and 80.49% occupied. There are 12 units left that have not been rented. The project is on track to be 100% leased by the end of October. B.POLICIES (resolutions, ordinances, regulations, statutes, etc): The new lot line is proposed through the Richlyn’s back parking lot, 10 feet from the Riley building. The proposed location is the minimum needed to maintain compliance with building code fire separation requirements while maintaining the maximum size possible for the Richlyn lot. Staff has included a condition of approval that the properties continue to function as a whole in regards to impervious area. The Applicant will be executing a declaration of easements which provide for cross access and maintenance between the two properties. The Applicant will be dedicating a separate 15 foot sidewalk easement over the trail to the park along the east side of the property. Not related to the proposed subdivision, but worth pointing out: the minimum front yard setback of the Riley was reduced by one foot, from the standard 15 feet down to 14 feet. This was due to the dedication of a one foot strip of land along 64th Street for right-of-way widening. Zoning Code Section 542.13, Subd.3 establishes requirements for major amendments to an approved PUD. Since the request proposes a change in the parking setbacks, it is considered a major amendment. A major PUD amendment is subject to the same review criteria and procedures as issuance of a new PUD. Generally, the criteria require that the Council find that the proposal conforms to the goals and policies of the Comprehensive Plan and Zoning Code without having undue adverse impacts on public health, safety, and welfare. Given that no physical changes are proposed, the standard “required findings” remain the same. A full review of all applicable criteria was provided with the original approval, a copy of which can be provided upon request. C.CRITICAL TIMING ISSUES: 60-DAY RULE: The clock started when a complete application was received on August 5, 2022. A subdivision is one of the few requests where 120 days is permitted by state statutes. Therefore, a decision is required by December 3, 2022. D.FINANCIAL IMPACT: The required application fees have been paid. The affordability of the units will not be impacted by the proposed subdivision. Regardless of ownership, both properties will continue to be governed by the development agreement. E.LEGAL CONSIDERATION: Notice of the public hearing was published in the Sun Current Newspaper and mailed to properties within 350 feet of the site on September 15th. The City attorney has provided a plat opinion and reviewed the agreement documents. At the September 26, 2022, Planning Commission meeting, no one from the public spoke to the matter. After some discussion about how the proposed subdivision might impact the long-term affordability of the Richlyn parcel, the Commission voted (5-1) to recommend approval of the request ALTERNATIVE RECOMMENDATION(S): Approve the plat, amended PUD and vacation with additional and/or modified conditions. Deny the plat, amended PUD and vacation with findings that the proposal does not meet City requirements. PRINCIPAL PARTIES EXPECTED AT MEETING: Representatives of North Bay Companies ATTACHMENTS: Description Type Plat Resolution of Approval Resolution Letter APUD Resolution of Approval Resolution Letter Vacation Resolution of Approval Resolution Letter Easement Vacation Exhibit Exhibit Location and Zoning Map Backup Material Plat Opinion Letter, dated Aug. 23, 2022 Backup Material Declaration of Easements Backup Material Project Narrative Backup Material Preliminary Plat Graphic Backup Material Final Plat Graphic Backup Material RESOLUTION NO. RESOLUTION GRANTING APPROVAL OF BOTH A PRELIMINARY AND FINAL PLAT FOR RICHLYN RILEY WHEREAS, North Bay Companies (“Applicant”) has requested approval of both a preliminary plat and a final plat that subdivides land generally located at 600 - 64th Street West, legally described as Lot 1, Block 1, Henley Two; and WHEREAS, the proposed subdivision is to be known as RICHLYN RILEY; and WHEREAS, a public hearing was held on the proposed preliminary plat of RICHLYN RILEY on Monday, September 26, 2022 at which all interested persons were given the opportunity to be heard; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, as follows: 1.The proposed plat of RICHLYN RILEY satisfies the requirements of the City’s subdivision ordinances. 2.Approval of both the preliminary plat and the final plat of RICHLYN RILEY is granted subject to the following conditions: a.Prior to the City sign-off on the final plat, the applicant must address to the City Attorney’s satisfaction all items listed in the plat opinion letter prepared by the City Attorney’s office, dated August 23, 2022. b.The applicant shall dedicate a separate 15-foot wide sidewalk easement over the trail to the park along the east side of the property. c.The as-built drawings must be approved by the City Engineer prior to City sign-off on the final plat. d.The final, executed copy of the construction maintenance agreement must be recorded with the Hennepin County Recorder’s Office. Proof of such shall be submitted to the City prior to City sign-off on the final plat. 3.The Applicant must submit two mylar copies of the plat for signature by the City. 4.The Applicant must file the final plat with the Hennepin County Recorder or Registrar of Titles within two years of the approval of this resolution, along with: a.the declaration of easements, b.a copy of this approved resolution, c.the sidewalk easement dedication document, and d.the certificate of completion of vacation proceedings. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of October, 2022. Maria Regan Gonzalez, Mayor ATTEST: Kari Sinning, City Clerk RESOLUTION NO. RESOLUTION APPROVING AN AMENDED PLANNED UNIT DEVELOPMENT AT 600 - 64TH STREET WEST WHEREAS, an application has been filed with the City of Richfield which requests approval of an Amended Planned Unit Development (APUD) for the Richlyn and Riley Apartments, on land that is legally described as follows: Lot 1, Block 1, Henly Two, according to the plat thereof, Hennepin County Minnesota; and WHEREAS, the Planning Commission of the City of Richfield held a public hearing and recommended approval of the requested APUD at its September 26, 2022 meeting; and WHEREAS, notice of the public hearing was mailed to properties within 350 feet of the subject property, and published in the Sun-Current on September 15, 2022; and WHEREAS, the requested APUD meets those requirements necessary for approving an Amended Planned Unit Development as specified in Richfield’s Zoning Code, Section 542.09, Subd.3 and as detailed in City Council Staff Report No.______; and WHEREAS, the request meets those requirements necessary for approving a conditional use permit as specified in Richfield’s Zoning Code, Section 547.09, Subd.6 and as detailed in City Council Staff Report No.______; and WHEREAS, the City has fully considered the request for approval of an APUD; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1.The City Council adopts as its Findings of Fact the WHEREAS clauses set forth above. 2.An Amended Planned Unit Development is approved to facilitate the subdivision described in City Council Staff Report No. ___, on the Subject Property legally described above. 3.The approved Amended Planned Unit Development is subject to the following conditions: a.The benches along the trail to the park along the east side of the property shall be installed prior to City sign-off on the final plat. b.This approval is contingent upon, and subject to all the conditions of, the plat approval. c. The PUD as a whole exceeds the impervious area limitation, therefore the Richlyn Lot (Lot 1) will not be considered eligible to expand impervious area in the future, without approval of an amended PUD. 4. The APUD shall expire one year from issuance unless the use for which the permit was granted has commenced, substantial work has been completed or upon written request by the Developer, the Council extends the expiration date for an additional period of up to one year, as required by the Zoning O rdinance, Section 547.09, Subd.9. 5. The APUD shall remain in effect for so long as conditions regulating it are observed, the approval shall expire if normal operation of the use has been discontinued for 12 or more months, as required by the Zoning Ordinance, Section 547.09, Subd.10. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of October, 2022 Maria Regan Gonzalez, Mayor ATTEST: Kari Sinning, City Clerk RESOLUTION NO. RESOLUTION AUTHORIZING THE VACATION OF DRAINAGE AND UTILITY EASEMENTS WHEREAS, the following described lands are subject to drainage and utility easements in favor of the City of Richfield: Lot 1, Block 1, Henley Two, according to the plat thereof, Hennepin County Minnesota. WHEREAS, the property is subject to easements for utility and drainage purposes per the recorded plat of Henley Two, as shown on the attached graphic; and WHEREAS, the Property is part of a proposed re-plat, and all necessary drainage and utility easements will be re-dedicated in the new plat, so there is no need to reserve the easements as part of this proceeding; and WHEREAS, the City Council finds that the easements reserved in the recorded plat of Henley Two are no longer needed, upon the recording of the plat of Richlyn Riley; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. The easements for drainage and utility purposes, which were reserved over the above-described property in the recorded plat of Henley Two, are hereby vacated, effective upon the recording of the plat of Richlyn Riley. If said plat is not recorded within one year of the date of this resolution, this resolution shall be null and of no effect. 2. This approval is contingent upon the plat approval. 3. The City Clerk is directed to prepare a certificate of completion of vacation proceedings. The applicant shall record the certificate in the office of the Hennepin County Recorder, along with the final plat. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of October, 2022. ____________________________ Maria Regan Gonzalez, Mayor ATTEST: ____________________________ Kari Sinning, City Clerk MINNESOTA CERTIFICATION I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. Dated this 6th day of September, 2022 ______________________________________________ Rory L. Synstelien Minnesota License No. 44565 Project No. 19414.01 SHEET 1 OF 1 5000 GLENWOOD AVENUE GOLDEN VALLEY, MN 55422 CivilSiteGroup.com VACATION DESCRIPTION All of the drainage and utility easements as created and dedicated by the plat of HENLEY TWO, according to the recorded plat thereof, Hennepin County, Minnesota. Drawn By:TH 12060 SCALE IN FEET 0 � � �J I . �-l , I, ��� _.,;;:, � � . . -� .. � 600 - 64th Street West Location and Zoning Map Richlyn Riley Re-Plat Zoning Districts Parks Building Footprint LJ R Single-Family D R-1 Low-Density Single-Family W---+---1 >" <( ....--- � '.___ .---,,___--, w ji:.---+---i a:'----+--; Et ·.--+--�-�·--t---z --t--� ·--+--<""""'t---r----1 �-·--..-'--.-...J -MR-1 Two-Family - PMR Planned Multi- Family CJ MR-2 Multi-Family MR-3 High-Density Multi-Family 0 195 � C-1 Community L..........,J Commercial - C-2 General Commercial � PC-2 Planned General t__J Commercial 390 � PMU Planned Mixed 1.6...61 Use N A l:\GIS\Community Development\Case Maps\2022\600 W. 64th Street Zoning.mxd Kennedy Fifth Street Towers 150 South Fifth Street, Suite 700 Minneapolis MN 55402 (612) 337-9300 telephone (612) 337-9310 fax http://www.kennedy-graven.com Affirmative Action, Equal Opportunity Employer Graven C H A R T E R E D DOCSOPEN\RC160\5\818791.v2-8/23/22 & SAMANTHA C. ZUEHLKE Attorney at Law Direct Dial: (612) 337-9205 Email: szuehlke@kennedy-graven.com August 23, 2022 Samantha Crosby, Planner II VIA EMAIL ONLY City of Richfield 6700 Portland Avenue Richfield, MN 55423 RE: Plat Opinion for RICHLYN RILEY Our File No. RC145-754 Dear Sam: At your request, I have reviewed a copy of the final plat of RICHLYN RILEY, prepared by Civil Site Group PC (the “Plat”), and a commitment for title insurance issued by First American Title Insurance Company National Commercial Services, as agent for First American Title Insurance Company, with an effective date of February 20, 2022, Commitment No. NCS-960185- 2-MPLS (the “Commitment”). The Commitment covers real property in Hennepin County, Minnesota, legally described as follows (the “Property”): Lot 1, Block 1, Henley Two, Hennepin County, Minnesota. Abstract Property (the “Property”). I have the following comments: 1. Plat Execution. The Plat must be executed by: a. The three fee owners, according to the commitment: i. Richfield Property Holdings, LLC, a Minnesota limited liability company; and ii. 15th NB Property1 LLC, a Minnesota limited liability company; and iii. 6345 Partners, LLC, a Minnesota limited liability company. August 23, 2022 Page 2 DOCSOPEN\RC160\5\818791.v2-8/23/22 The Plat must be executed with all the formalities of a deed of title. We require from each above-named fee owner: a certificate of good standing from the Minnesota Secretary of State and evidence that each fee owner is authorized to convey the easements dedicated on the Plat, and that the persons signing are authorized to execute the Plat on behalf of their respective entities by providing adequate documentation. I require review of these instruments. b. The mortgagee, 21st Century Bank, a Minnesota corporation. The mortgagee must either sign the Plat or provide a consent to plat instrument to be recorded prior to recording the Plat. I require review of all of such documents prior to the city’s release of the Plat for recording. c. The mortgagee, Firefly Credit Union, a federal credit union. The mortgagee must either sign the Plat or provide a consent to plat instrument to be recorded prior to recording the Plat. I require review of all of such documents prior to the city’s release of the Plat for recording. 2. Taxes and Special Assessments. All taxes due on the Property for the year the deed is to be recorded must be paid in full before the Plat is submitted to the County for recording. Tax I.D. No. 27-028-24-22-0086 2022 base tax is $49,200.52. 2022 taxes are half paid. There are no delinquent taxes of record. There are no levied or pending special assessments. 3. Title Commitment Exceptions. The Plat is subject to the following items from Schedule B-II of the Commitment: a. Subject to an easement and right-of-way for broadband communications system purposes in favor of Comcast of Arkansas/Florida/Louisiana/Minnesota/Mississippi/Tennessee Inc., a Delaware corporation, dated February 27, 2009, and filed February 5, 2010, as Document No. A9477639. This is a private easement for Comcast Inc. to provide Broadband services to the Property. The private easement need not be depicted on the Plat. The easement covers Lot 1 of the Richlyn Riley Plat. The City should review in order to ensure that the location of the easement does not interfere with any public improvements. b. Subject to easement for drainage and utility purposes as depicted on the plat of Henley Two, recorded May 7, 2021, as Document No. 10950571. The easements are depicted on the Plat. No further action is required. c. Subject to the terms and conditions contained in the City of Richfield’s Resolution No. 11752, approving the final development plan, conditional use permit, and the planned August 23, 2022 Page 3 DOCSOPEN\RC160\5\818791.v2-8/23/22 unit development at Lyndale Avenue and 64th Street, dated July 14, 2020, recorded May 7, 2021, as Document No. 10950556. No further action is required. d. Subject to a Mortgage, Assignment of Rents, Security Agreement, and Fixture Financing Statement, dated March 28, 2018, and recorded April 24, 2018, as Document No. A10547334, by and between 6345 Lyndale LLC, a Minnesota limited liability company, for the benefit of 21st Century Bank, a Minnesota corporation, in the original amount of $1,356,250.00. Prior to the recording of the Plat, the mortgagee must either sign the Plat or sign a consent to plat in accordance with Paragraph 1.b., above. No additional action is required. e. Subject to a Mortgage, Assignment of Rents, Security Agreement, and Fixture Financing Statement, dated December 28, 2018, and recorded January 2, 2019, as Document No. A10624780, by and between 64th Street LLC, a Minnesota limited liability company, for the benefit of 21st Century Bank, a Minnesota corporation, in the original amount of $208,125.00. This mortgage does not appear to relate to the Property to be platted. This mortgage relates to Lot 6, Block 6, Lyndale Oaks, Hennepin County, Minnesota. The plat of Henley Two is the replat of Lots 3-8 of Block 5, of Lyndale Oaks. The Title Company should review this exception and it should be removed from the Commitment. f. Subject to a Mortgage, Assignment of Rents, Security Agreement, and Fixture Financing Statement, dated December 28, 2018, and recorded January 2, 2019, as Document No. A10624786, by and between 64th Street LLC, a Minnesota limited liability company, for the benefit of 21st Century Bank, a Minnesota corporation, in the original amount of $189,375.00. While under the same management as fee owner 6345 Lyndale LLC, 64th Street LLC is not a fee owner of the Property according to the Commitment. 64th Street LLC conveyed Lot 5, Block 5, Lyndale Oaks by limited warranty deed to the three fee owners listed in the Commitment. A satisfaction of mortgage was never recorded in the Hennepin County Property records with respect to this mortgage. We require that a satisfaction of mortgage be recorded prior to the recording of the Plat. g. Subject to a contract for Private Development between the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota, and 6345 Partners, LLC, a Minnesota limited liability company, dated September 22, 2020, recorded May 3, 2021, as Document No. 10948739; as amended by the First Amendment to Contract for Private Development between the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota, and 6345 Partners, LLC, Richfield Property Holdings, LLC, and 15th NB Property1, LLC dated December 22, 2020, filed May 3, 2021, as Document No. 10948740. The contract for Private Development has the HRA providing TIF financing to the developer for the rehabilitation of existing housing and the construction of new housing on the Property. The amendment to the contract for Private Development amends the description of the August 23, 2022 Page 4 DOCSOPEN\RC160\5\818791.v2-8/23/22 developer to include all three fee owners of the Property as identified by the Title Commitment. No further action is required. h. Subject to a Declaration of Restrictive Covenants made by 6345 Partners, LLC, a Minnesota limited liability company, Richfield Property Holdings, LLC, a Minnesota limited liability company, and 15th NB Property1, LLC, a Minnesota limited liability company, in favor of the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota, dated December 22, 2020, filed May 3, 2021, as Document No. 10948741. The Declaration places occupancy restrictions on the housing to be developed on the Property, including covenants regarding tenant income provisions. No further action is required. i. Subject to a Construction Mortgage, Assignment of Rents, Security Agreement and Fixture Filing, executed by Richfield Property Holdings, LLC, 15th NB Property1 LLC, and 6345 Partners, LLC, in favor of Firefly Federal Credit Union, a federal credit union, dated December 24, 2020, filed May 3, 2021, as Document No. 10948742, in the original amount of $14,047,500.00. Prior to the recording of the Plat, the mortgagee must either sign the Plat or sign a consent to plat in accordance with Paragraph 1.c., above. No additional action is required. j. Subject to a Construction Mortgage, Assignment of Rents, Security Agreement and Fixture Filing, executed by Richfield Property Holdings, LLC, 15th NB Property1 LLC, and 6345 Partners, LLC, in favor of Firefly Federal Credit Union, a federal credit union, dated December 24, 2020, filed May 3, 2021, as Document No. 10948743, in the original amount of $2,287,500.00. Prior to the recording of the Plat, the mortgagee must either sign the Plat or sign a consent to plat in accordance with Paragraph 1.c., above. No additional action is required. k. Subject to the rights of tenants under unrecorded leases. If such documents exist, they have not yet been presented to me for review. I will require review of such documents as applicable. 4. Plat Corrections. a. The signature block for each fee owner should be revised to omit the word “its” before each blank designating the signatory’s title. b. A period should finish the sentence follow the surveyor’s name in the surveyor’s acknowledgment. 5. Commitment Revisions. The Commitment is dated February 20, 2022. I require review of a Commitment that is less than 90 days old. August 23, 2022 Page 5 DOCSOPEN\RC160\5\818791.v2-8/23/22 This letter does not purport to set forth every matter relevant to a determination of whether title to the property is marketable, and no one should rely upon it for that purpose. The sole purpose of this letter is to identify required signatories to the plat and related issues of interest to the City in connection with platting, as evidenced by the Commitment. This opinion is conditioned upon the issuance of a title policy in favor of the City of Richfield, insuring the City’s interests as they appear in the plat of RICHLYN RILEY in an amount acceptable to the City. Very truly yours, Samantha C. Zuehlke Samantha C. Zuehlke SCZ:MDT US.351587795.02 1 DECLARATION OF EASEMENTS This DECLARATION is made as of the ____ day of _____________, 2022 by Richfield Property Holdings, LLC, a Minnesota limited liability company, 15th NB Property1 LLC, a Minnesota limited liability company, and 6345 Partners, LLC, a Minnesota limited liability company (collectively, the “Declarant”). RECITALS A. Declarant has received land use and subdivision approvals from the City of Richfield, Minnesota, for a planned unit development (the “PUD”) situated on the following parcels of real property owned by Declarant: Lots 1 and 2, Block 1, RICHLYN RILEY, Hennepin County, Minnesota. Lot 1, Block 1, RICHLYN RILEY, is referred to herein as the “West Lot,” and Lot 2, Block 1, RICHLYN RILEY, is referred to herein as the “East Lot.” Collectively, the West Lot and East Lot are referred to herein as the “Parcels.” B. The PUD comprises two multifamily residential buildings, one of which is located on the West Lot (the “West Building”) and one of which is located on the East Lot (the “East Building”), both as depicted on site plan depicted on Exhibit A attached hereto and made a part hereof (the “Site Plan”). C. There is a parking lot situated between the West Building and the East Building (the “Parking Lot”), as depicted on the Site Plan. The parking lot serves the West Building and fulfills the parking requirements for the West Building as required by the City of Richfield in its approval of the PUD. D. The property line that divides the West Lot from the East Lot runs through the Parking Lot, in such manner that the majority of the Parking Lot is located on the West Lot and a small portion of the Parking Lot is located on the East Lot. US.351587795.02 2 E. Declarant desires to subject the Parcels to certain covenants, conditions and restrictions hereinafter set forth, for the benefit of the respective parcels and each owner, present and future, thereof. NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, Declarant hereby declares, imposes and makes the Parcels subject to the following covenants, restrictions and conditions. 1. Recitals. The Recitals are incorporated herein as if fully set forth. 2. Owners. The term “Owner” or “Owners” shall mean Declarant and any and all successors or assigns of Declarant as the owner or owners of fee simple title to all or any portion of the Parcels. 3. Grant of Easements. Subject to any express conditions, limitations or reservations contained herein, Declarant hereby declares and grants the following: a. A non-exclusive easement for vehicular and pedestrian access, parking and maintenance of the Parking Lot for the benefit of the West Lot over and upon that portion of the Parking Lot located on the East Lot. b. A non-exclusive easement for pedestrian access for the benefit of the West Lot over and upon the paved walkway located on the East Lot, which walkway runs adjacent to the Parking Lot, as is depicted on the Site Plan. c. A non-exclusive easement for vehicular and pedestrian access and parking over and upon the portion of the Parking Lot located on the West Lot for the benefit of the East Lot, solely for the purpose of maintenance of mechanical equipment located in the northwest corner of the East Lot, which mechanical equipment is generally depicted on the Site Plan. d. A non-exclusive right and easement for the benefit of the East Lot to discharge surface storm water drainage and/or runoff from the East Lot over, upon and across the West Lot. 4. Maintenance of Parking Lot. The Owner of the West Lot shall be responsible for all maintenance, including snow removal, of the entire Parking Lot, including that portion located on the East Lot, at such Owner’s sole cost and expense. 5. Interference with Easement. No obstructions that would prevent, restrict or otherwise hinder the reasonable use of the easements granted herein for the purposes permitted herein shall be permitted, except for temporary obstructions related to construction, maintenance, repair and replacement of improvements on the Parcels. 6. Duration; Termination. This Declaration shall be perpetual in nature. This Declaration shall be recorded and shall constitute covenants and obligations running with the US.351587795.02 3 land and shall be binding and inure to the benefit of the Owners, their tenants and invitees, and their successors and assigns unless and until this Declaration is terminated. This Declaration may be terminated only by written agreement by and between the Owners of all Parcels and with prior written consent of the City of Richfield. 7. No Third-Party Beneficiaries. This Declaration is for the sole benefit of the Owners and shall not create any rights in third parties. 8. Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or dedication of any portion of the Parcels to the general public, or for any public use or purpose whatsoever. 9. Severability. If any provision this Declaration is held to be unenforceable or void, such provision shall be deemed to be severable and shall in no way affect the validity of the remaining terms of this Declaration. 10. Headings. The headings of sections of this Declaration are for convenience of reference only and do not form a part hereof and in no way interpret or construe any of the terms and provisions contained herein. 11. Governing Law. This Agreement and the rights and obligations hereunder of the parties hereto shall be governed by the laws of the State of Minnesota. [SIGNATURE PAGES FOLLOWS] Signature Page for Richfield Property Holdings, LLC IN WITNESS WHEREOF, the parties hereto have caused this Declaration to be executed as of the day and year first above written. Richfield Property Holdings, LLC (a Minnesota limited liability company) By: ______________________________________ Name: Daniel Oberpriller Its: Manager STATE OF MINNESOTA ) ) SS COUNTY OF ____________) The foregoing instrument was acknowledged before me this ____ day of ____________, 2022, by Daniel Oberpriller, the Manager of Richfield Property Holdings, LLC, a Minnesota limited liability company, on behalf of the company. My commission expires: ____________________________________ Notary Public Signature Page for 15th NB Property1 LLC 15th NB Property1 LLC (a Minnesota limited liability company) By: ______________________________________ Name: Daniel Oberpriller Its: Chief Manager STATE OF MINNESOTA ) ) SS COUNTY OF ____________) The foregoing instrument was acknowledged before me this ____ day of ______________, 2022, by Daniel Oberpriller, the Chief Manager of 15th NB Property1 LLC, a Minnesota limited liability company, on behalf of the company. My commission expires: ____________________________________ Notary Public ____________________ Signature Page for 6345 Partners, LLC 6345 Partners, LLC (a Minnesota limited liability company) By: ______________________________________ Name: Daniel Oberpriller Its: Manager STATE OF MINNESOTA ) ) SS COUNTY OF ____________) The foregoing instrument was acknowledged, subscribed, and sworn to before me this ____ day of ______________, 2022, by Daniel Oberpriller, the Manager of 6345 Partners, LLC, a Minnesota limited liability company, on behalf of the company. My commission expires: ____________________________________ Notary Public ____________________ This Instrument was drafted by: Faegre Drinker Biddle & Reath LLP (CEL) 2200 Wells Fargo Center 90 South Seventh Street Minneapolis, MN 55402-3901 (612) 766-7000 EXHIBIT A Site Plan (Inserted on Next Page) US.351587795.02 LOT 1/ WEST LOTLOT 2/ EAST LOTWESTBUILDINGEAST BUILDINGPARKINGLOTMECHANICAL EQUIPMENTWALKWAYCopyright 2019 DJR Architecture, Inc.Project #:Date:Drawn by:Checked by:A3.3EASEMENT DOCUMENT19-060.0008.29.22MO-RILEY APARTMENTS600 64TH STREET WEST, RICHFIELD, MN 554231" = 60'-0"1SITE PLAN Apartments Riley PLANNING & ZONING APPLICATION CLIENT LOGO © 2022 DJR Architecture 19-060.00 09.12.22 600 64th Street W Richfi eld, Minnesota Project Information In July 2020, the Richfi eld City Council approved a comprehensive plan amendment, rezoning and a conditional use permit (CUP) for a planned unit development (PUD) on the northeast corner of Lyndale Avenue South and 64th Street West. As approved and now constructed, the PUD is a single platted lot with two residential buildings. The building on the west side of the lot, facing Lyndale, was constructed in the 1960s. It includes 22 dwelling units, 16 of which are aff ordable at 60% AMI. Following approval of the PUD, several improvements were made to the west building, now named Richlyn, including improvements to the entry, exterior lighting, sidewalks and landscaping, upgraded windows, interior lighting, fl ooring, and kitchen and bathroom renovations including appliances, countertops, and cabinetry. Construction of the new building on the east side of the site is essentially completed. That building, named Riley, includes 82 dwelling units, primarily market rate but 5 of which are aff ordable at 60% AMI. The Owner is requesting that the PUD be amended to allow for subdivision of the site into two lots, each containing one of the buildings. Now that construction is complete, the Owner would like to refi nance the construction loan. The degree of aff ordability of the Richlyn units will qualify a lot with just the Richlyn on it for refi nancing at more favorable terms, which will contribute to the economic stability of the aff ordable housing property. Subdivision of the PUD into two lots will have no eff ect or impact on adjacent properties. Both lots will continue to be part of the PUD and subject to its conditions of approval and no change in the development plan or use of the property is proposed. The Owner is requesting approval of the following deviations from the requirements of the Planned Mixed Use with MU-N standards. • The property line that will divide the two lots runs through a row of parking stalls, such that the parking areas on both of the lots abut the new, shared lot line, so will not meet the minimum 5-foot setback requirement. A deviation to allow the parking areas on both lots to be at 0 feet is requested. The buildings on both lots are greater than 5 feet from the shared lot line, so no deviation is required for the setback of the structures. The location of the internal lot line is based on two factors: 1) maintaining compliance with building code fi re separation requirements between a structure and a side lot line, and 2) maintaining the maximum size possible for the Richlyn lot. Building code fi re separation distances are based on the percentage of openings in the building wall. A setback of at least 10 feet is required for the Riley to comply with building code based on window and other openings in the west facade. As approved in the 2020 PUD, the 25 parking stalls in the surface lot between the buildings will be allocated for use by the Richlyn. A declaration of easements will be recorded that establishes the rights of the Richlyn property to use and access to the portion of the parking stalls in this parking area that will be located on the Riley lot. • The maximum impervious surface area standard is 75%. Proposed Lot 1 (the Richlyn lot) will have 70.8% impervious surface area and will comply with that standard. Proposed Lot 2 (the Riley lot) required approval of a deviation to 83.0%. The percentage of impervious surface for the PUD as a whole is 79.3%. The total impervious surface percentage of the PUD when the original application was submitted in 2020 met the 75% standard. However, Planning Commissioners felt that the project should provide parking in excess of the minimum amount required by code and, in response to those concerns, the development team submitted a revised plan for the City Council that reconfi gured the surface parking lot on Proposed Lot 2 to add stalls. A deviation was justifi ed because the additional paved parking area responds to concerns related to availability of onsite parking. It was further justifi ed because the impervious coverage on Proposed Lot 2 includes a paved walkway for public use between 64th Street and Garfi eld Park. No new changes to the development plan increasing impervious surface are proposed. • Approval of a third deviation is requested to reduce the minimum front yard setback of the Riley from the standard 15 feet to 14 feet. This deviation is not related to the proposed subdivision; rather it is due to a condition created in 2020 related to dedication of part of the PUD site for widening of 64th Street. The setback of the Riley based on the street line when the applications were approved in 2020 complied with the 15-foot setback requirement. However, the plat approved and recorded in 2020 included, at the request of the City, dedication of a strip of land along 64th Street for right-of-way widening. Upon this realignment of the property line, the front setback of the Riley became 14 feet. Current Primary Zoning: Planned Mixed Use RICHLYN & RILEY APARTMENTS, RICHFIELD , MINNESOTA PROJECT NARRATIVE Zoning Recap PROJECT RECAP Site Richlyn Building- 25 Stalls Riley Building- 95 Stalls Parking Provided 120 Stalls Parking (Richlyn & Riley Apartments) Riley Building 5 Stories, 58’-8” Building Height Richlyn Building (6345 Lyndale Avenue S) Studios 22 Riley Building (600 64th Street W) Studios 56 1BR 25 2 BR 1 (Accessible) Total Units 104 Unit Recap Total Area 57,262 sf Building Footprint 20,584 sf Richlyn Building- 4,700 sf Riley Building- 15,884 sf Building Area- 91,040 sf Richlyn Building- 14,100 sf Riley Building- 76,940 sf *includes 21,302 SF of parking Parcels: 27-028-24-22-0086 Richlyn Building 1,987 SF Riley Building 4,605 SF Usable Open Space Apartments Riley PLANNING & ZONING APPLICATION CLIENT LOGO © 2022 DJR Architecture 19-060.00 09.12.22 600 64th Street W Richfi eld, Minnesota Landscaped Areas Stone Wall 262626262626 Stone Wall RICHLYN 3F 22 Units RILEY 5F 82 Units Dog Run Trail to *DUÀHOG3DUN IMPERVIOUS AREA TOTALS Total Area 57,262 sf Impervious Site Area - 45,414 sf 79.3% Pervious Site Area - 11,848 sf 21.8% N IMPERVIOUS AREA - LOT 1 (RICHLYN APTS) Total Area 17,368 sf Impervious Site Area - 12,293 sf 70.8% Pervious Site Area - 5,075 sf 29.2% IMPERVIOUS AREA - LOT 2 (RILEY APTS) Total Area 39,894 sf Impervious Site Area - 33,121 sf 83.0% Pervious Site Area - 6,773 sf 17.0% NOPARKINGNOPARKINGRRN89°29'53"E 438.6926.49N00°04'34"WC=99.39CB=S11°41'27"ER=702.71Δ=8°06'38"99.4711.49Δ=73°09'15"R=9.00N88°54'00"W 90.30S89°29'40"W 320.67WIDTHVARIESWIDTHVARIESNorth Line of Lot 1, Block 1, HENLEY TWOBLOCK 126.3924.00LOT 1Drainage & Utility Easement LOT 2139.39S00°05'14"E 133.1420.65S78°00'57"W 73.9014.71 72.31299.30300.02N00°23'57"W 133.12 89.00Drainage & Utility EasementVICINITY MAPRICHLYN RILEY 600 64TH STREET WEST, RICHFIELD, MN 55423 2316 4TH AVE S, MINNEAPOLIS, MN 55404 NORTH BAY COMPANIES PROJECTPROJECT NO.: 19414.01COPYRIGHT 2022 CIVIL SITE GROUP INC.cREVISION SUMMARYDATEDESCRIPTIONV2.0PRELIMINARY PLAT............N44565RORY L. SYNSTELIENLICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED LAND SURVEYOR UNDER THELAWS OF THE STATE OF MINNESOTA.9-6-2022NCLIENTOVERHEAD UTILITIESFIBER OPTIC SANITARY SEWERSTORM SEWERTELEPHONE LINECABLE LINE WATERMAINELECTRIC LINEGASMAINCHAINLINK FENCELINESIGNSANITARY MANHOLESTORM MANHOLECABLE TV BOXTELEPHONE MANHOLEELECTRIC TRANSFORMERTELEPHONE BOXTRAFFIC SIGNALGAS METERELECTRICAL METERWATER MANHOLEWATER VALVEAIR CONDITIONERBOLLARDCATCH BASINELECTRIC MANHOLEGAS VALVEFLAG POLEHANDICAP SYMBOLFOUND IRON MONUMENTHYDRANTCAST IRON MONUMENTSET IRON MONUMENTFLARED END SECTIONLinetype & Symbol Legend POWER POLEUTILITY MANHOLECONCRETE SURFACEPAVER SURFACEBITUMINOUS SURFACEGRAVEL/LANDSCAPE GUY WIRECONIFEROUS TREEDECIDUOUS TREESURFACEWOODEN FENCELINEGUARDRAILROOF DRAINCivil Engineering Surveying Landscape Architecture 5000 Glenwood AvenueGolden Valley, MN 55422civilsitegroup.com 612-615-0060QA/QCFIELD CREWDRAWN BYREVIEWED BYUPDATED BYDOCJRS.PRELIMINARY PLAT GENERAL NOTESPROPERTY DESCRIPTION:Lot 1, Block 1, HENLEY TWO according to the recorded plat thereof, Hennepin County,Minnesota.DATE OF PREPARATION:9-6-2022Proposed improvements per site plan by Civil Site Group dated 6-14-2021 last revised6-14-2022.APPLICANT:North Bay Companies2316 4th Ave SMinneapolis, MN 55404BENCHMARKS:Elevations are based on the NGVD 29 Datum. Site Benchmark is the top nut hydrantlocated in the NE quadrant of Lyndale Ave S and 64th St W, having an elevation of843.67 feet.AREAS:Proposed Lot 1 = 17,368 Sq. Ft. or 0.398 AcresProposed Lot 2 = 39,894 Sq. Ft. or 0.916 AcresTotal Property Area = 57,262 Sq. Ft. or 1.314 AcresFLOOD ZONE:This property is contained in Zone X (area determined to be outside the 0.2% annualchance floodplain) per Flood Insurance Rate Map, Community Panel No. 27053C0368F,effective date of November 4, 2016.________________________________________________________Rory L. Synstelien Minnesota License No. 44565rory@civilsitegroup.comPRELIMINARY PLAT: RICHLYN RILEY40102001020SCALE IN FEET N89°29'53"E 438.6926.49N00°04'34"WC=99.39CB=S11°41'27"ER=702.71Δ=8°06'38"99.4711.49Δ=73°09'15"R=9.00N88°54'00"W 90.30S89°29'40"W 320.67WIDTHVARIESWIDTHVARIESNorth Line of Lot 1, Block 1, HENLEY TWOBLOCK 126.3924.00LOT 1Drainage & Utility Easement LOT 2139.39S00°05'14"E 133.1420.65S78°00'57"W 73.9014.71 72.31299.30300.02N00°23'57"W 133.12 89.00Drainage & Utility EasementC.R. DOC. NORICHLYN RILEYKNOW ALL PERSONS BY THESE PRESENTS: That Richfield Property Holdings, LLC, a Minnesota limited liability company, 15th NB Property1 LLC, aMinnesota limited liability company, and 6345 Partners, LLC, a Minnesota limited liability company, fee owners of the following described property:Lot 1, Block 1, HENLEY TWO, according to the recorded plat thereof, Hennepin County, Minnesota.Have caused the same to be surveyed and platted as RICHLYN RILEY and do hereby dedicate to the public for public use the drainage and utility easements ascreated by this plat.In witness whereof said Richfield Property Holdings, LLC, a Minnesota limited liability company, has caused these presents to be signed by its proper officerthis day of , 20.SIGNED: Richfield Property Holdings, LLCBy: Its:STATE OF , COUNTY OF This instrument was acknowledged before me this day of , 20,by , its of Richfield Property Holdings, LLC, a Minnesota limited liability company, on behalf ofthe company. My Commission Expires:Notary Public, Signature Notary Printed NameNotary Public County,In witness whereof said 15th NB Property1 LLC, a Minnesota limited liability company, has caused these presents to be signed by its proper officerthis day of , 20.SIGNED: 15th NB Property1 LLCBy: Its:STATE OF , COUNTY OF This instrument was acknowledged before me this day of , 20,by , its of 15th NB Property1 LLC, a Minnesota limited liability company, on behalf of thecompany. My Commission Expires:Notary Public, Signature Notary Printed NameNotary Public County,In witness whereof said 6345 Partners, LLC, a Minnesota limited liability company, has caused these presents to be signed by its proper officerthis day of , 20.SIGNED: 6345 Partners, LLCBy: Its:STATE OF , COUNTY OF This instrument was acknowledged before me this day of , 20,by , its of 6345 Partners, LLC, a Minnesota limited liability company, on behalf of thecompany. My Commission Expires:Notary Public, Signature Notary Printed NameNotary Public County,SURVEYORS CERTIFICATEI Rory L. Synstelien do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State ofMinnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that allmonuments depicted on this plat have been or will be set within one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat.Dated this day of , 20.Rory L. Synstelien, Licensed Land SurveyorMinnesota License No. 44565STATE OF MINNESOTA, COUNTY OF __________________This instrument was acknowledged before me this day of, 20, by Rory L. Synstelien My Commission Expires:Notary Public, Signature Notary Printed NameNotary Public County,CITY COUNCIL, CITY OF RICHFIELD, MINNESOTAThis plat of RICHLYN RILEY was approved and accepted by the City Council of the City of Richfield, Minnesota at a regular meeting thereof heldthis day of , 20, and said plat is in compliance with the provisions of Minnesota Statutes,Section 505.03, Subd. 2.City Council, City of Richfield, MinnesotaBy:, Mayor By:, ManagerRESIDENT AND REAL ESTATE SERVICES, Hennepin County, MinnesotaI hereby certify that taxes payable in 20 and prior years have been paid for land described on this plat, datedthis day of , 20., County AuditorBy:, DeputySURVEY DIVISION, Hennepin County, MinnesotaPursuant to Minnesota Statutes Section 383B.565 (1969), this plat has been approved this day of , 20.Chris F. Mavis, County SurveyorBy:COUNTY RECORDER, Hennepin County, MinnesotaI hereby certify that the within plat of RICHLYN RILEY was recorded in this officethis day of , 20, at O'Clock M.Amber Bougie, County RecorderBy:, DeputyNBearings are based on the North line of Lot 1, Block 1, HENLEY TWOhaving an assumed bearing of N 89°29'53" EFound 1/2 inch by 14 inch Iron Monument Marked "RLS 44565"1/2 inch by 14 inch Iron Monument Set Marked "RLS 44565"40102001020SCALE IN FEETBeing 5 feet in width and adjoining lot lines, unless otherwiseindicated, and being 10 feet in width and adjoining right of waylines unless otherwise indicated, as shown on this plat.DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS:NOT TO SCALE105 510