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12-13-2022 City Council AgendaR EG U LAR C IT Y C O U N C IL MEET IN G R IC H F IE L D MU N IC IPAL C E N TE R, C O U N C IL C H AMB E R S D E C E MB E R 13, 2022 7:00 P M IN TR O D U C TO RY P R O C E E D IN G S C all to order P ledge of A llegiance Open forum C all into the open forum by dialing 1-415-655-0001 U se webinar access code: 2458 331 6772 and password: 1234. P lease refer to the C ouncil A genda & M inutes web page for additional ways to submit comments. A pprove the Minutes of the: (1) S pecial C ity C ouncil Meeting of November 16, 2022; (2) S pecial C ity C ouncil Work S ession of November 16, 2022; (3) S pecial C ity C ouncil Work S ession of November 19, 2022; and (4) Regular C ity C ouncil Meeting of November 22, 2022. P R E S E N TATIO N S 1.P resentation of the E dwina Garcia C ommunity B uilder Award and proclamation to Emilia Gonzalez Avalos. 2.Recognition of Mayor Maria Regan Gonzalez AG E N D A APPR O VAL 3.A pproval of the A genda 4.Consent Calendar contains several separate items, which are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action on these items is necessary. However, any Council Member may request that an item be removed from the Consent Calendar and placed on the regular agenda for Council discussion and action. All items listed on the Consent Calendar are recommended for approval. A .C onsider to approve the renewal of the 2023 licenses for On-S ale 3.2 P ercent Malt L iquor, Off-S ale 3.2 P ercent Malt L iquor, and S econdhand Goods D ealers doing business in Richfield. Secondhand Goods Dealers Licenses to sell 3.2 Percent Malt Liquor GameS top L a Vaquita S hort S top- Off-S ale Wedding D ay Jewelers L a Vaquita 2- Off-S ale P ortland F ood Mart - Off-S ale P ump & Munch - Off-S ale Richfield Minnoco - Off S ale S peedway #4186 - Off-S ale S peedway #4188 - Off-S ale S peedway #4191 - Off-S ale S peedway #4615 - Off-S ale Target C orporation - Off-S ale S taff Report No. 171 B .C onsider to approve the renewal of the 2023 licenses for On-S ale Intoxicating/C lub, W ine and 3.2 Malt L iquor licenses. On Sale Intoxicating/Club/Sunday License Holders E l Tejaban F ireside F oundry F renchman's P ub Giordano's L os S anchez Taqueria Lyndale S mokehouse P izza L uce P rotagonist K itchen and B ar V.F.W. On Sale Wine, On Sale 3.2 License Holders C hipotle D avanni's Joy's P attaya Millions C rab My Burger P atrick's B akery Red P epper S andy's Tavern S taff Report No. 172 C .C onsider the adoption of a resolution authorizing Richfield P ublic S afety/P olice D epartment to accept donations from the listed agencies, businesses and private individuals for designated uses. S taff Report No. 173 D .C onsider the adoption of a resolution designating polling places for 2023. S taff Report No. 174 E .F irst Reading of a proposed ordinance amendment modifying the Zoning C ode in relation to landscaping requirements. S taff Report No. 175 F.C onsider the adoption of a resolution accepting grants and donations received by the Richfield Recreation S ervices D epartment in 2021 and 2022 and authorizing the Recreation S ervices D epartment to administer the funds in accordance with any applicable grant agreements and terms prescribed by donors. S taff Report No. 176 G.C onsider the approval of setting a public hearing to be held on J anuary 10, 2023, to consider the issuance of new On-Sale Wine and 3.2 Percent Malt Liquor licenses for N T L L Hockey Ventures, LL C., dba Minnesota Whitecaps, located at the Richfield Ice Arena, 636 66th Street E. S taff Report No. 177 H.Consider approval of a contract renewal with Adesa Minneapolis for 2022-2023 for auctioning forfeited vehicles from Public Safety/Police. Staff Report No. 178 I.Consider a resolution accepting donations to the Affordable Housing Trust Fund. Staff Report No. 179 J.Consider the approval of resolutions of support for Public Works' Active Transportation grant applications to MnDOT for the installation of a sidewalk on 73rd St and construction of intersection improvements at the 66th St/Richfield Parkway roundabout. Staff Report No. 180 K.Consider the adoption of a resolution to accept a grant of $2,395.90 from the Office of Justice Programs for bullet proof vests. Staff Report No. 181 5.Consideration of items, if any, removed from Consent Calendar PUBLIC HEARINGS 6.Public hearing to consider a resolution adopting a Spending Plan for unobligated tax increment. Staff Report No. 182 7.Public hearing and consider to approve the renewal of 2023 Pawnbroker and Secondhand Goods Dealer licenses for Metro Pawn & Gun, Inc., 7529 Lyndale Avenue South. Staff Report No. 183 RESOLUTIONS 8.Consider a resolution accepting the transfer of funds from the Lyndale Gateway / Interchange West, Urban Village, and City Bella Tax Increment Financing Districts to the Affordable Housing Trust Fund and consideration of priorities for the use of Trust Fund resources for affordable housing developments. Staff Report No. 184 9.Consider resolutions approving the 2022 Revised/2023 Proposed budget and tax levy and related resolutions. Staff Report No. 185 OTHER BUSINESS 10.Consider the appointments to City advisory board and commissions. Staff Report No. 186 11.Consider the adoption of the City’s legislative priorities for 2023. Staff Report No. 187 12.Consider approval of a new agreement with the Richfield Tourism and Promotion Board (RTPB). Staff Report No. 189 CITY MANAGER’S REPORT 13.City Manager's Report CLAIMS AND PAYROLLS 14.Claims and Payroll COUNCIL DISCUSSION 15.Hats Off to Hometown Hits 16.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. CITY COUNCIL MEETING MINUTES Richfield, Minnesota City Council Special Meeting November 16, 2022 CALL TO ORDER The special meeting was called to order by Mayor Regan Gonzalez at 4:00 p.m. in the Bartholomew Room. Council Members Present: Maria Regan Gonzalez, Mayor; Mary Supple; Simon Trautmann; Sean Hayford Oleary; and Ben Whalen Council Members Absent: None Staff Present: Katie Rodriguez, City Manager; and Kari Sinning, City Clerk ITEM #1 CONSIDER THE ADOPTION OF A RESOLUTION DETERMINING THE RESULTS OF THE CITY GENERAL ELECTION OF TUESDAY, NOVEMBER 8, 2022 (STAFF REPORT NO. 165) Mayor Regan Gonzalez presented Staff Report No. 165. M/Regan Gonzalez; S/Whalen to approve the resolution determining the results of the City General Election on Tuesday, November 8, 2022. Council Member Whalen thanked the City Clerk and the election judges for all their work and commented on the high voter turnout. Motion carried: 5-0 ADJOURNMENT The work session was adjourned by unanimous consent at 4:03 p.m. Date Approved: December 13, 2022 Maria Regan Gonzalez Mayor Kari Sinning Katie Rodriguez City Clerk City Manager CITY COUNCIL MEETING MINUTES Richfield, Minnesota Special City Council Work Session November 19, 2022 The retreat was called to order by Mayor Regan Gonzalez at 8:00 a.m. held in the Bartholomew Room. Council Members Maria Regan Gonzalez, Mayor; Mary Supple; Ben Whalen; Simon Trautmann; Present: and Sean Hayford Oleary Staff Present: Kelly Wynn, Administrative Assistant Item #1 MEETINGS WITH APPLICANTS OF THE CITY’S ADVISORY COMMISSIONS The City Council held meetings with the following applicants for appointment to City Advisory Boards and Commissions: Adam Burnside Matthew Dobratz BJ Skoog Cole Hooey Karole Kelly-Anstedt Hayley Tompkins Brett Stursa Mary Stratton David Vrieze Daniels Dana Specht Patricia Pixler Rory Cook Amanda Kueper Janie Mork Adam Kerekes Matt Taraldsen Michael Kohout Maria Anderson Mara Glubka Carl Woetzel The work session was adjourned by unanimous consent at 4:15 p.m. Date Approved: December 13, 2022 Maria Regan Gonzalez Mayor Kelly Wynn Katie Rodriguez Administrative Assistant City Manager CALL TO ORDER ADJOURNMENT CITY COUNCIL MEETING MINUTES Richfield, Minnesota City Council Work Session November 22, 2022 CALL TO ORDER The work session was called to order by Mayor Regan Gonzalez at 5:48 p.m. in the Bartholomew Room. Council Members Present: Maria Regan Gonzalez, Mayor; Simon Trautmann (Arrived 5:50); Sean Hayford Oleary; and Ben Whalen Council Members Absent: Mary Supple Staff Present: Katie Rodriguez, City Manager; Amy Markle, Recreation Services Director; Rachel Lindholm, Sustainability Specialist; Sack Thongvanh, Assistant City Manager; and Chris Swanson, Management Analyst Mayor Regan Gonzalez introduced the topic for discussion for the work session and turned it over to Recreation Director Markle. ITEM #1 ONE YEAR REFLECTIONS ON THE CITY'S ORGANIZED COLLECTION PROGRAM AND THE CITY'S PARTNERS IN ENERGY PROGRESS Director Markle introduced the first topic for the night. She gave a summary of the organized collection rollout, including issues experienced and implementation process. Specialist Lindholm went over what the organized collection program currently looks like for residents, city staff, and the haulers. This included an overview of communication, hauler relationship, and more long-term program planning. She provided and overview for what the future will hold for residents including pricing, educational pieces and general underlying improvements to the program and stated the program is in a good place. Council Member Whalen asked about customer service stipulations in the contract. He was wondering if the standards set in the contract are being followed. Specialist Lindholm said that it depends on the hauler and when you call. She recognized sometimes there is no wait, but sometimes there are longer waiting times. She stated that if there is a large wait, we ask that residents contact the city directly. Council Member Trautmann said the updates were great to hear. He said he has quit hearing complaints or issues regarding the collection program. He assumes that if people are not reaching out to the council staff must be doing a good job. He asked about how much of staff's time is currently City Council Work Session Minutes -2- November 22, 2022 devoted to customer service. Specialist Lindholm said she probably gets around five calls a day now, some days more and some days less. She acknowledges there are significantly less phone calls then at the start of the program. Council Member Trautmann noted that five calls are still a lot. Specialist Lindholm acknowledged that is true, but noted that she has a good system set up to make the follow up to the calls quick and efficient Council Member Hayford Oleary asked what they should be telling residents if they have an issue? He noted that the initial messaging at the start of the program was to have residents call their hauler. He wondered if that message has changed. Specialist Lindholm said at this point its fine to have residents contact her if they have already had issues working with their hauler on the problem. She said at this point the phone call amount is manageable. Council Member Hayford Oleary noted that he also has not received a lot of calls recently about the collection program. He thinks he may get one call a month about the organics charge, but he has utilized the time to talk with the callers about this specific program. Council Member Trautmann also noted he is seeing less complaints regarding the program online. He noted how useful it is for the city to be able to step in and help if a resident is having issues with their hauler. Specialist Lindholm then presented some general findings from the past year. She provided a summary of the organics collection including the tonnage for the year. Specialist Lindholm went over the contamination rates and weights the haulers are seeing in their collections. She provided a summary of most common contaminates and provided a plan for additional education the city will be doing in the future to address these problems. Director Markle then provided a summary of the delinquent assessment process for outstanding trash bills. She went over the total amounts of assessments at the start of the process and where the city is at for a final certification list to be sent to the county. Specialist Lindholm then presented a few final notes on the city’s collection program. She wanted to thank council for their continued support for an anaerobic digestion at Hennepin County. She noted that the city needs to ensure we continue to have space to responsibly process our organics. This item is included in the city’s 2023 legislative priorities. Specialist Lindholm provided a summary of the recent recycling commodity study performed by the haulers. She noted there was a lot of positive news from the sorts. The haulers did see contaminates, like plastic bags, but generally the recycling stream was clean. She noted that based on the commodity study results, the city will see a credit on their total recycling bill, leading to a decrease in cost for residents. Mayor Regan Gonzalez asked about a question raised when this new program was in the planning phases. Specialist Lindholm provided a summary of the resolutions of those conversations. Council Member Whalen mentioned how he is even learning things about the recycling world. He believes the more we share educational materials on problem items the better. Specialist Lindholm presented the overall lessons learned from the first year of the program. She went over the continued work that needs to be done on the data management side. She said that move in, move out is challenging, and the city will continue to work with the haulers to improve the process. She also noted that staff has also been contacted by several other cities on how Richfield implemented the process. She feels like other cities views Richfield’s experience as a success. City Council Work Session Minutes -3- November 22, 2022 Director Markle provided a final program summary of feedback and concerns staff is still hearing about the program. Mostly the issues are around missed pickups, pricing and the organics charge. Director Markle highlighted areas staff will continue to work on in the future. Specifically, the city plans to do more work on organics and reusing bulky item collection. Specialist Lindholm mentioned that, based on the contract, residents will see a small increase for 2023 in their collection costs. Council Member Hayford Oleary said that with the decrease in staff time spent on residents’ complaints, this may be a good time to update the website. He noted there is still a lot of information relating to the implementation of the new program up on the site. He thinks it would be nice to mimic the Hennepin County guide. Mayor Regan Gonzalez congratulated staff on the amazing job they are doing. She felt the city is the shining example for all the work that has been accomplished. She also felt like this was the smoothest organized process in history! Specialist Lindholm thanked all staff and community members who were involved. Mayor Regan Gonzalez turned the presentation over to Specialist Lindholm for the second topic of the night. Specialist Lindholm introduced the topic and provided a recap on the activities and data for the Partners in Energy (PiE) program over the last year. The PiE plan was originally written by staff, community members, and business owners. She provided an overview of some of the programs and successes the city has seen since the PiE plan started. Specialist Lindholm then outlined future programs the city may work on. Council Member Whalen asked Specialist Lindholm if there was data on why more people were not participating in programs like Xcel Energy’s W indsource program. He felt like this program is significantly easier and cheaper then installing solar cells on a home. He talked about how moving to wind source is such a small additional increase in cost, it surprised him that more people do not participate. Specialist Lindholm provided some additional clarification on the programs available to residents. She did not know of any specific research on the subjects but discussed how Xcel is looking at the future of the program. Specialist Lindholm talked about how the city could look at doing more outreach on the Windsource program Specialist Lindholm went over some long-term goals outlined in the PiE plan including EV planning and other energy efforts. She said that city staff is committed to continued work on the plan in the future. Mayor Regan Gonzalez shared a response to Council Member Whalen’s prior comments. She said that even she didn’t know about the W indsource program. She noted how many of these programs are hidden in the small language on the bill. They are a lot less likely than solar energy to be discussed. Council Member Hayford Oleary asked if the city had any estimate for what the average household is doing for energy efficiency in Richfield. Specialist Lindholm said she was unsure if there is a way to identify a base level for energy efficiency work. She noted that many people are doing the small things but far less people are dedicated to more substantial projects. Council Member Hayford Oleary said that as a consumer it would be good to have some stories on some of this work. He noted that many times the costs savings are spotlighted with these programs but there is a certain level of comfort that comes from many of these upgrades. City Council Work Session Minutes -4- November 22, 2022 Council Member Whalen mentioned the sustainability commission is working on a sustainability resource guide for residents to use. This guide would have basic info on renewable energy programs, links to general info about the programs, and points of contact if residents want to learn more. Mayor Regan Gonzalez thanked staff for their work. ADJOURNMENT Mayor Regan Gonzalez adjourned the work session at 6:46 p.m. Date Approved: December 13, 2022 Maria Regan Gonzalez Mayor Kari Sinning Katie Rodriguez City Clerk City Manager CALL TO ORDER Mayor Regan Gonzalez called the meeting to order at 7:00 p.m. in the Council Chambers. Council Members Present: Maria Regan Gonzalez, Mayor; Mary Supple; Ben Whalen; and Sean Hayford Oleary Council Members Absent: Simon Trautmann Staff P r e s e n t : Katie Rodriguez, City Manager; Kristen Asher, Public Works Director; Amy Markle, Recreation Services Director; Jay Henthorne, Public Safety Director/Police Chief; Jennifer Anderson, Support Services Manager; Sack Thongvanh, Assistant City Manager, Rachel Lindholm, Sustainability Specialist; and Chris Swanson, Management Analyst Others Present: Rebecca Case, Advisory Board of Health Co-chair; Walter Burk, Human Rights Commission Chair; and Amanda Kueper, Sustainability Commission Chair PLEDGE OF ALLEGIANCE Mayor Regan Gonzalez led the Pledge of Allegiance. ITEM #1 APPROVAL OF THE AGENDA M/Whalen, S/Hayford Oleary to approve the agenda with an amendment to move the consent calendar and its sub items to before the open forum. Motion carried: 4-0 ITEM #2 CONSENT CALENDAR CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Council Meeting November 22, 2022 City Council Meeting Minutes -2- November 22, 2022 City Manager Rodriguez presented the consent calendar. A. Consider approval for a Temporary On-Sale Intoxicating Liquor license for the Blessed Trinity Catholic School, located at St. Richard's Catholic Church, 7540 Penn Avenue South, for their Grand Gala taking place December 3, 2022. (Staff Report No. 166) B. Consider the approval of setting a public hearing to be held on December 13, 2022, to consider the renewal of the Pawnbroker and Secondhand Goods Dealer license for 2023 for Metro Pawn and Gun, Inc. (Staff Report No. 167) C. Consider approval of a third amendment to the agreement with the City of Bloomington for the provision of public health services for the City of Richfield for 2023. (Staff Report No. 168) D. Consider the adoption of a resolution accepting a Watershed-Based Implementation Funding Grant in the amount of $20,000 from the Board of Water and Soil Resources for the Sheridan Pond Improvements Project and authorize the Mayor and City Manager to execute the Grant Agreement. (Staff Report No. 169) RESOLUTION NO. 12027 RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ENTER INTO A GRANT AGREEMENT AND ACCEPT A WATERSHED- BASED IMPLEMENTATION FUNDING GRANT FROM THE BOARD OF WATER AND SOIL RESOURCES FOR THE SHERIDAN POND IMPROVEMENTS PROJECT IN THE AMOUNT OF $20,000 E. Consider approval of a resolution establishing a Public Safety Special Revenue Fund to track receipt and spending of the opioid settlement funds. (Staff Report No. 170) RESOLUTION NO. 12028 RESOLUTION AUTHORIZING ESTABLISHMENT OF NEW SPECIAL REVENUE FUND TO TRACK OPIOID SETTLEMENT FUNDS M/Supple, S/Hayford Oleary to approve the consent calendar. Council Member Supple thanked the council for being flexible to amend the order of the agenda. Motion carried: 4-0 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 Ruane Onesirosan, 2421 West 65th Street S, asked several questions about the 2022 elections, specifically about the absentee ballot process and the security of the AB ballots once they are completed by voters. She also mentioned her worries about a multi-unit building that she believes was constructed on a former superfund site. City Council Meeting Minutes -3- November 22, 2022 Kelly Klemme, 7245 Clinton Ave S, discussed issues he is having with his neighbor calling code enforcement on his property. He feels like the attention is unwarranted and urged the city to update the code so residents would not have to deal with issues like this. He thanked Council Member Hayford Oleary for directing him to the open forum. APPROVAL OF MINUTES M/Whalen, S/Hayford Oleary to approve the Minutes of the:(1) Joint City Council and HRA Work Session of October 17, 2022; (2) Regular City Council Meeting of November 9, 2022; and (3) City Council Work Session of November 9, 2022. Motion carried: 4-0 ITEM #3 PROCLAMATION DECLARING NOVEMBER 26 AS SMALL BUSINESS SATURDAY IN RICHFIELD Mayor Regan Gonzalez invited Kelsey Nagel, President of the Richfield Chamber of Commerce, up to the podium to receive the proclamation for Small Business Saturday. Mayor Regan Gonzalez presented the proclamation and talked about how important small businesses are to Richfield. She urged residents to support our local businesses in Richfield. Chamber President Nagel talked about how important small businesses are to the community and went over options for residents to find local businesses to support. ITEM #4 ADVISORY BOARD OF HEALTH COMMISSION ANNUAL PRESENTATION GIVEN BY KATRINA DEVORE Mayor Regan Gonzalez invited the Chair Katrina Devore to give the yearly presentation of the Richfield Advisory Board of Health. Co-chair Rebecca Case said the Katrina Devore was unable to attend the meeting tonight. Co-chair Case provided an overview of the efforts of the Board of Health during the last year. She thanked staff and other board of health members for their work. Council Member Whalen thanked the board for all their work during the pandemic. He also wanted to recognize the board for the work they have done and will continue to do on flavored tobacco. Mayor Regan Gonzalez thanked the board for their work. She said their input is so important; 80% of what creates health is related to our local community. She spotlighted how the boards makes decisions on items that directly impact our community member’s health. ITEM #5 HUMAN RIGHTS COMMISSION ANNUAL PRESENTATION GIVEN BY CHAIR WALTER BURK Mayor Regan Gonzalez invited Human Rights Commission Chair Walter Burk to give the yearly presentation of the commission’s accomplishments. Chair Burk provided an overview of the efforts of the Commission throughout the year and thanked commissioners. This included the legal advice clinic, City Council Meeting Minutes -4- November 22, 2022 tabling at Penn Fest and continued discussion about disparities in policing. He specifically thanked Commissioner Glubka on her work on the Conversion Therapy Ban passed earlier this year. He also thanks staff who have support the commission with their work. Council Member Hayford Oleary thanked the chair and the commission for the work they have done over the past year. He was impressed with everything the HRC have been able to accomplish. Council Member Whalen wanted to echo the thanks. He has been impressed with the Commission ability to identify projects and work to accomplish these goals. He spotlighted the legal clinic as a great example of their work in the community. Mayor Regan Gonzalez also thanked the Chair and commission for all the work they have done. She is impressed with the successes we’ve seen and wants to use this momentum to continue to build on the work that has been done. She would like the commission to continue to look at opportunities for partnerships and ways to be out in the community. She suggested the commission look at providing a how to guide for event planning in our city. ITEM #6 SUSTAINABILITY COMMISSION ANNUAL PRESENTATION GIVEN BY CHAIR AMANDA KUEPER Mayor Regan Gonzalez invited Sustainability Commission Chair Amanda Kueper to give an overview of the Sustainability Commission’s efforts throughout the year. Chair Kueper provided an overview of the efforts of the Commission throughout the year, including approving the tree species replacement plan, continued work around organized collection and siting a community garden. Chair Kueper thanked everyone who had been involved in the work over the past year. She talked about how the commission is continuing to try and identify youth members. Council Member Whalen echoed that as the liaison to the groups, he would agree that the commission was busy. He noted how much work the commission has been doing and talked about his excitement for the coming year to review the city’s Climate Action Plan. Council Member Hayford Oleary thanked the commission for their work and said he is excited to see what they will be doing next. Mayor Regan Gonzalez talked about how exciting it was to see a new commission making such an impact so soon. She is impressed with how knowledgeable and committed the commission is to this work. ITEM #7 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR None. ITEM #8 CITY MANAGER’S REPORT City Manager Rodriguez responded to the comment submitted during the November 9, 2022, open forum. ITEM #9 CLAIMS AND PAYROLL City Council Meeting Minutes -5- November 22, 2022 M/Whalen, S/Hayford Oleary that the following claims and payrolls be approved: U.S. BANK 11/22/2022 A/P Checks: 310655 – 310934 $2,734,708.65 Payroll: 174449 – 174751 $713,844.72 TOTAL $3,448,553.37 Motion carried: 4-0 ITEM #10 HATS OFF TO HOMETOWN HITS Council Member Whalen wished everyone a happy thanksgiving holiday. He wanted to note that the Metro Transit D line will beginning running soon. He talked about how the new transit line works. He mentioned the opening events Metro Transit will be hosting to celebrate the completion of the project. Council Member Hayford Oleary wanted to thank all the commissioners. He spotlighted the appointment process that took place the prior weekend. He also wished everyone a happy thanksgiving holiday. Mayor Regan Gonzalez talked about the excitement and fun she had for the opening MN Whitecaps game the previous Friday. She said it was such an honor to drop the first puck and felt it was so amazing to see so many young women there support their local team. She said it was a wonderful experience and that everyone should go to a game. ITEM #11 ADJOURNMENT The meeting was adjourned by unanimous consent at 7:48 p.m. Date Approved: December 13, 2022 Maria Regan Gonzalez Mayor Chris Swanson Katie Rodriguez Management Analyst City Manager Proclamation of the City of Richfield WHEREAS, Emilia Gonzalez Avalos has received the third annual Edwina Garcia Community Builder Award for her commitment to the Richfield community; and WHEREAS, she is an immigrant born in Mexico City and raised in Minnesota; and WHEREAS, Ms. Gonzalez Avalos is the executive director of Unidos MN, a grassroots organization that builds power for Minnesota’s working families to advance social, racial and economic justice; and WHEREAS, Ms. Gonzalez Avalos has worked tirelessly during her time as executive director to transform the organization from a small networking program to a statewide multi entity institution; and WHEREAS, Ms. Gonzalez Avalos has led the organization through a time of growing prejudice against immigrants and Latinos in the country, along with an unprecedent pandemic; and WHEREAS, Ms. Gonzalez Avalos worked to ensure she was able to bring all the tools she had available to support her community through those chaotic times; and WHEREAS, Ms. Gonzalez Avalos did all his as she navigated the world of being a mother, a caregiver, finishing a bachelor’s degree, and applying for, and being selected as 2022 Bush Foundation Fellow; and WHEREAS, Ms. Gonzalez Avalos sees immense opportunity in the future for long-lasting change by leveraging the collectivism and capacity for self-determination of Latina workers, migrants, teens and girls; and WHEREAS, the Richfield community celebrates Emilia as she has brought pride to our city and community, and support and empowerment to families across Minnesota; and Now, THEREFORE, I Maria Regan Gonzales, Mayor of the City of Richfield and the Richfield Council Members do hereby award you this Proclamation for your service demonstrating your commitment to the core values of the City of Richfield. PROCLAIMED this 13th day of December 2022. Maria Regan Gonzalez, Mayor AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #4.A. STAFF RE P ORT NO. 171 CIT Y COUNCIL ME E T ING 12/13/2022 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 12/6/2022 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 12/6/2022 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consider to approve the renewal of the 2023 licenses for On-Sale 3.2 Percent Malt Liquor, Off-Sale 3.2 Percent Malt Liquor, and Secondhand Goods Dealers doing business in Richfield. Secondhand Goods Dealers Licenses to sell 3.2 Percent Malt Liquor GameStop La Vaquita Short Stop- Off-Sale W edding Day Jewelers La Vaquita 2- Off-Sale Portland Food Mart - Off-Sale Pump & Munch - Off-Sale Richfield Minnoco - Off Sale Speedway #4186 - Off-Sale Speedway #4188 - Off-Sale Speedway #4191 - Off-Sale Speedway #4615 - Off-Sale Target Corporation - Off-Sale E X E C UT IV E S UM M ARY: A staff report was completed for each business at the time they originally applied for and received Council approval to buy Secondhand Goods, or sell On-Sale 3.2 Percent Malt Liquor and Off-Sale 3.2 Percent Malt Liquor at their business in the City of Richfield. This is simply a request to renew their annual license for 2023. There is not a public hearing requirement for renewals for these types of licenses. The businesses named in this report are presented for Council’s approval. RE C O M M E ND E D AC T I O N: By motion: 1. Approve the 2023 renewal of named business licenses for On-Sale 3.2 Percent Malt Liquor and Off-Sale 3.2 Percent Malt Liquor establishments doing business in Richfield. 2. Approve the 2023 renewal of named business licenses for Secondhand Goods Dealer. B AS IS O F RE C O M M E ND AT I O N: A.H IS TOR IC AL C ON T E X T The listed businesses current licenses will expire on December 31, 2022. The businesses named below with the corresponding licenses are presented for Council’s approval on this date. Licenses to sell 3.2 Percent Malt Liquor La Vaquita Short Stop- Off-Sale La Vaquita 2- Off-Sale Portland Food Mart - Off-Sale Pump & Munch - Off-Sale Richfield Minnoco - Off-Sale Speedway #4186 - Off-Sale Speedway #4188 - Off-Sale Speedway #4191 - Off-Sale Speedway #4615 - Off-Sale Target Corporation - Off-Sale Licenses to hold a Secondhand Goods Dealer GameStop Wedding Day Diamonds B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): All businesses must annually request renewal of their Secondhand Goods Dealer and 3.2 Percent Malt Liquor licenses to the City Council. Businesses must meet the requirements for renewal of their licenses. C.C R IT IC AL T IMIN G IS S U E S: There are no additional critical timing issues. D.F IN AN C IAL IMPAC T: All license fees must be paid and application forms submitted in order to be considered for license renewal. E.L E GAL C ON S ID E R AT ION: There are no additional legal issues. ALTE R N AT IV E R E C O MME N D ATIO N(S): Deny the request for the renewal of 2023 licenses On-Sale 3.2 Percent Malt Liquor, Off-Sale 3.2 Percent Malt Liquor, and Secondhand Goods dealers in Richfield. This would result in the applicants not being able to conduct business related to the license within the City in 2023; however, there have been no issues with any of these listed establishments and the Public Safety Department has found no reason to deny any of the requested licenses. P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: Businesses have been notified of the date of presentation to the City Council but are not required to attend. AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #4.B. STAFF RE P ORT NO. 172 CIT Y COUNCIL ME E T ING 12/13/2022 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 12/7/2022 O THE R D E PA RTM E NT RE V IE W: N/A C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager 12/7/2022 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consider to approve the renewal of the 2023 licenses for On-Sale Intoxicating/Club, Wine and 3.2 Malt Liquor licenses. On Sale Intoxicating/Club/Sunday License Holders El Tejaban Fireside Foundry Frenchman's Pub Giordano's Los Sanchez Taqueria Lyndale Smokehouse Pizza Luce Protagonist Kitchen and Bar V.F.W. On Sale W ine, On Sale 3.2 License Holders Chipotle Davanni's Joy's Pattaya Millions Crab My Burger Patrick's Bakery Red Pepper Sandy's Tavern E X E C UT IV E S UM M ARY: Staff completed a staff report for each business at the time they originally applied for and received Council approval to serve On Sale I ntoxicating/Club and Sunday, On Sale W ine, On-Sale 3.2 Percent Malt Liquor at their businesses in the City of Richfield. This is simply a request to renew their annual license for 2023. There is not a public hearing requirement for renewals for these types of licenses. The businesses named in this report are presented for Council’s approval. The Public Safety Director has reviewed the background information and attached documents for said businesses and approves of its contents and sees no basis for denial. RE C O M M E ND E D AC T I O N: By motion: Approve the 2023 renewal of named business licenses for On Sale Intoxicating/Club and Sunday, On Sale W ine and On-Sale 3.2 Percent Malt Liquor establishments doing business in Richfield. B AS IS O F RE C O M M E ND AT I O N: A.H IS TOR IC AL C ON T E X T The listed businesses current licenses will expire on December 31, 2022. All named businesses have paid the licensing fee(s). All named businesses have liquor liability insurance. All named businesses real estate taxes are paid and current. All named businesses gave an accountant's statement. The Public Safety background investigation has been completed for all businesses. The results of the investigations are summarized in an attachment to this report. The Public Safety Director has reviewed the information in the background investigation reports. There is no information in the investigation that shows any cause for recommending denial of the requested licenses. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): All businesses must annually request renewal of their On Sale I ntoxicating/Club and Sunday, On Sale W ine, On-Sale 3.2 Percent Malt Liquor licenses to the City Council. Businesses must meet the requirements for renewal of their licenses. C.C R IT IC AL T IMIN G IS S U E S: There are no additional critical timing issues. D.F IN AN C IAL IMPAC T: All license fees must be paid and application forms submitted in order to be considered for license renewal. E.L E GAL C ON S ID E R AT ION: There are no additional legal issues. ALTE R N AT IV E R E C O MME N D ATIO N(S): Deny the request for the renewal of 2023 licenses for On Sale I ntoxicating/Club and Sunday, On Sale W ine, On-Sale 3.2 Percent Malt Liquor establishments doing business in Richfield. This would result in the applicants not being able to conduct business related to the license within the City in 2023; however, there have been no issues with any of these listed establishments and the Public Safety Department has found no reason to deny any of the requested licenses. P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: Businesses have been notified of the date of presentation to the City Council but are not required to attend. AT TAC H ME N T S: D escription Type B ackground summaries for 2023 liquor renewals C over Memo S andy's Tavern background C over Memo P rotagonist B ackground C over Memo City of Richfield • Business Licensing • 6700 Portland Ave S • Richfield, MN 55423 • 612 -861-9870 • businesslicensing@richfieldmn.gov SUMMARY OF BACKGROUND INVESTIGATION FOR MOS EISLEY CANTINA, LLC, d/b/a SANDY’S TAVERN Officers: Jahn Brink-- Owner Christopher Pejmon - Owner Criminal Histories: The following criminal histories reflect the previous and current year. Jahn Brink has no known criminal record. Christopher Pejmon has no known criminal record. Premises: The applicant has provided a copy of the rental agreement showing Arbor Sandy’s Properties, LLC, holding financial interest as lessor of the property. Record of Service Calls: There were 7 Public Safety/Police contacts with Sandy’s Tavern from October 2021 through September 2022. This compares with 5 contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: There have been no violations for the sale of alcohol to underage youth with Sandy’s Tavern. Routine Information: On Sale Wine and 3.2 Percent Malt liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distance requirements to notify neighbors of the issuance or renewal of On Sale Wine and 3.2 Percent Malt Liquor licenses. City of Richfield • Business Licensing • 6700 Portland Ave S • Richfield, MN 55423 • 612 -861-9870 • businesslicensing@richfieldmn.gov Sandy’s Tavern Directors and Officers Jahn Brink-- Owner Christopher Pejmon - Owner --------------------------------------------------------------------------------------------------------------------- PUBLIC SAFETY CONTACTS October 2021 through September 2022 Sandy’s Tavern 2021 2022 TOTAL CONTACTS 5 7 CRIMINAL CONTACTS 1 4 Incidents (see bottom of page for specifics) (1) (3) Alarm (0) (0) Traffic (0) (1) MISC. NON-CRIMINAL 4 3 Assists (4) (0) Inspections/Licensing (0) (0) Medical/Fire (0) (2) Miscellaneous (0) (1) The criminal contact from October 2021 through September 2022 was: 1 property damage, 1 traffic violation, and 2 theft. City of Richfield • Business Licensing • 6700 Portland Ave S • Richfield, MN 55423 • 612 -861-9870 • businesslicensing@richfieldmn.gov SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR DAGOBAH, LLC d/b/a PROTAGONIST KITCHEN & BAR Officers: Jahn Abraham Brink - Owner, President Christopher Pejmon - Owner Criminal History: The following criminal histories reflect the previous and current year. Jahn Abraham Brink has no known criminal record. Premises: Woodlake Centre Mob LLC, Ryan Companies US Inc. is the owner of the property. All payments are current. Record of Service Calls: There were 18 Public Safety/Police contacts with Protagonist Kitchen & Bar since they opened in November 2021 through September 2022. A breakdown of these contacts is attached to this report. Violations: There are no violations for the sale of alcohol to underage youth for Protagonist Kitchen & Bar. Routine Information: On-Sale Intoxicating and Sunday Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distance requirements to notify neighbors of the issuance or renewal of On-Sale Intoxicating and Sunday Liquor licenses, with outside seating and the optional 2 a.m. closing. City of Richfield • Business Licensing • 6700 Portland Ave S • Richfield, MN 55423 • 612 -861-9870 • businesslicensing@richfieldmn.gov Protagonist Kitchen & Bar Directors and Officers Jahn Abraham Brink Owner, President Christopher Pejmon Owner ------------------------------------------------------------------------------------------------------------- PUBLIC SAFETY CONTACTS October 2021 through September 2022 Protagonist Kitchen & Bar 2022 TOTAL CONTACTS 18 CRIMINAL CONTACTS 6 Incidents (see bottom of page for specifics) (5) Alarm (0) Traffic (1) MISC. NON-CRIMINAL 12 Assists (0) Inspections/Licensing (0) Medical/Fire (2) Miscellaneous (10) The criminal contacts from October 2021 through September 2022 were: 2 auto theft, 2 unwanted guest, 1 property damage, and 1 traffic violation. AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #4.C. STAFF RE P ORT NO. 173 CIT Y COUNCIL ME E T ING 12/13/2022 RE P O RT P RE PA RE D B Y: Jay Henthorne, D irector of P ublic S afety/C hief of P olice D E PA RTME NT D IRE C TO R RE V IE W: Jay Henthorne, D irector of P ublic S afety/C hief of P olice 12/7/2022 O THE R D E PA RTM E NT RE V IE W: N/A C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager 12/7/2022 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consider the adoption of a resolution authorizing Richfield Public Safety/Police Department to accept donations from the listed agencies, businesses and private individuals for designated uses. E X E C UT IV E S UM M ARY: Throughout the year, donations are received from various agencies, businesses and private individuals to be used for special events or programs sponsored by the Police Department. The donations are for community engagement events and are solicited by the Department. This resolution authorizes the acceptance of $75,206.33 in donations. RE C O M M E ND E D AC T I O N: By motion: Adopt a resolution authorizing Richfield Public Safety/Police Department to accept donations from the listed agencies, businesses and private individuals for designated uses. B AS IS O F RE C O M M E ND AT I O N: A.H IS TOR IC AL C ON T E X T The Department of Public Safety/Police holds several annual events that require outside funding to occur. Staff members solicit donations from business and/or individuals to support these programs. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Minnesota Statute 465.03 requires that every acceptance of a grant or devise of real or personal property on terms prescribed by the donor be made by resolution of the City Council adopted by a two-thirds majority of its members. The Administrative Services Department issued a memo on November 9, 2004, requiring that all grants and restricted donations to departments be received by resolution and adopted by two- thirds majority of the City Council in accordance with Minnesota Statute 465.03. C.C R IT IC AL T IMIN G IS S U E S: Donations have been received and applied to the designated areas as indicated by the donors. D.F IN AN C IAL IMPAC T: Financial donations have been deposited in the funds supporting the designated programs. All of the donations listed below were given without obligation to provide any additional matching funds: Community Engagement: D O N O R AMO U N T Distribution Personnel Inc $250.00 R. Jeffrey Knutson $250.00 Audi Richfield $500.00 Hope Presbyterian Church $500.00 Optimist Club of Richfield Youth Fund $500.00 Richfield Lions Club $4,000.00 My Credit Union $500.00 Richfield American Legion Auxiliary (#435) $100.00 Associated Bank (gift cards)$100.00 Lyndale Pump and Munch $500.00 Penny Becker Memorial fund $1,000.00 Fred Babcock $200.00 U Care (Bike Helmets)$1,000.00 Target Corporate (Gift Cards)$2,500.00 Dick Sporting Goods $2,850.00 Frito Lay (Bikes and Chips)$700.00 Hennepin County Sheriff Office (Bikes) $450.00 Erik’s Bike (Gift Cards)$50.00 Associated (Gift Cards)$100.00 Target Richfield (gift card)$149.00 Unity in the Community: D O N O R AMO U N T Richfield Bloomington Honda $1,500.00 Phuoc Tran and Family $100.00 Richfield Tourism Board $2,500.00 Lisalan Thai/Counselor Realty Inc $100.00 MP LS Riverview Lions $1,000.00 Oasis for Youth $50.00 Hope Presbyterian Church Community Members $805.00 Hope Presbyterian Church $1,500.00 Studione-Eight $50.00 Minnesota Brain Injury Alliance $50.00 Richfield Leadership Network (School Supplies) $1,075.00 Richfield Leadership Network (United Health Care and Best Buy) $2,709.00 Salvation Army (School Supplies)$3,000.00 Victory in Praise (Sponsored Performance) $200.00 Home Depot (Gift Card)$350.00 Community Action (Backpacks)$19,217.00 Ha Tuong $110.00 Raising Canes (Free Meal Certificates) $11,980.00 Three Rivers Park District (Slacklining) $285.00 Medica (Notebooks)$700.00 Associated Bank (Pens)$468.00 Dairy Queen Lyndale (400 Dilly Bars)$803.33 Dairy Queen Grill and Chill (Coupons)$100.00 K9 Program: D O N O R AMO U N T David and Theresa Carroll $100.00 Frenchmans Pub Inc.$5,000.00 Richfield Lions Club $5,000.00 Explorers: D O N O R AMO U N T Anonymous Donation $175.00 Anonymous Donation $80.00 E.L E GAL C ON S ID E R AT ION: Minnesota Statute 465.03 requires every acceptance of a grant or devise of real or personal property be received by resolution and adopted by two-thirds majority of the City Council. ALTE R N AT IV E R E C O MME N D ATIO N(S): Council could disapprove the acceptance of the donations for the events and the monetary donations would have to be returned to the issuing agency/business/individual. P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: None AT TAC H ME N T S: D escription Type Resolution Resolution L etter RESOLUTION NO. RESOLUTION AUTHORIZING RICHFIELD PUBLIC SAFETY/POLICE DEPARTMENT TO ACCEPT DONATIONS FROM THE LISTED AGENCIES, BUSINESSES AND PRIVATE INDIVIDUALS FOR DESIGNATED USES WHEREAS, the Department of Public Safety/Police Division, through its Director, received checks from the following for Community Engagement Community Engagement: DONOR AMOUNT Distribution Personnel Inc $250.00 R. Jeffrey Knutson $250.00 Audi Richfield $500.00 Hope Presbyterian Church $500.00 Optimist Club of Richfield Youth Fund $500.00 Richfield Lions Club $4,000.00 My Credit Union $500.00 Richfield American Legion Auxiliary (#435) $100.00 Associated Bank (gift cards) $100.00 Lyndale Pump and Munch $500.00 Penny Becker Memorial fund $1,000.00 Fred Babcock $200.00 UCare (Bike Helmets) $1,000.00 Target Corporate (Gift Cards) $2,500.00 Dick Sporting Goods $2,850.00 Frito Lay (Bikes and Chips) $700.00 Hennepin County Sheriff Office (Bikes) $450.00 Erik’s Bike (Gift Cards) $50.00 Associated (Gift Cards) $100.00 Target Richfield (gift card) $149.00 Unity in the Community: DONOR AMOUNT Richfield Bloomington Honda $1,500.00 Phuoc Tran and Family $100.00 Richfield Tourism Board $2,500.00 Lisalan Thai/Counselor Realty Inc $100.00 MPLS Riverview Lions $1,000.00 Oasis for Youth $50.00 Hope Presbyterian Church Community Members $805.00 Hope Presbyterian Church $1,500.00 Studione-Eight $50.00 Minnesota Brain Injury Alliance $50.00 Richfield Leadership Network (School Supplies) $1,075.00 Richfield Leadership Network (United Health Care and Best Buy) $2,709.00 Salvation Army (School Supplies) $3,000.00 Victory in Praise (Sponsored Performance) $200.00 Home Depot (Gift Card) $350.00 Community Action (Backpacks) $19,217.00 Ha Tuong $110.00 Raising Canes (Free Meal Certificates) $11,980.00 Three Rivers Park District (Slacklining) $285.00 Medica (Notebooks) $700.00 Associated Bank (Pens) $468.00 Dairy Queen Lyndale (400 Dilly Bars) $803.33 Dairy Queen Grill and Chill (Coupons) $100.00 K9 Program: DONOR AMOUNT David and Theresa Carroll $100.00 Frenchmans Pub Inc. $5,000.00 Richfield Lions Club $5,000.00 Explorers: DONOR AMOUNT Anonymous Donation $175.00 Anonymous Donation $80.00 WHEREAS, Minnesota Statute requires every acceptance of a grant or devise of real or personal property on terms prescribed by the donor be made by resolution of more than two-thirds majority of the City Council; and, WHEREAS, the donated funds will be used towards the designated events sponsored by Richfield Police. NOW, THEREFORE, BE IT RESOLVED that the Director of Public Safety/Chief of Police will accept the donations to be placed in the accounts as specified. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of December, 2022. Maria Regan Gonzalez, Mayor ATTEST: Kari Sinning, City Clerk AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #4.D. STAFF RE P ORT NO. 174 CIT Y COUNCIL ME E T ING 12/13/2022 RE P O RT P RE PA RE D B Y: K ari S inning, C ity C lerk 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: N/A C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager 12/6/2022 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consider the adoption of a resolution designating polling places for 2023. E X E C UT IV E S UM M ARY: Minnesota Statute section 204B.16, subd 1 requires the City Council, by ordinance or resolution, to designate polling places for the upcoming year by December 31. The designated polling places (as identified in the attached resolution) are unchanged from the polling locations from previous elections. RE C O M M E ND E D AC T I O N: By motion: Adopt a resolution designating polling places for 2023. B AS IS O F RE C O M M E ND AT I O N: A.H IS TOR IC AL C ON T E X T This is an annual requirement that was passed in the 2017 legislative session. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Minnesota Statute section 204B.16, subd 1 requires the City Council, by ordinance or resolution, to designate polling places for the upcoming year by December 31. C.C R IT IC AL T IMIN G IS S U E S: Must be approved by December 31. D.F IN AN C IAL IMPAC T: None E.L E GAL C ON S ID E R AT ION: None ALTE R N AT IV E R E C O MME N D ATIO N(S): None P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: N/A AT TAC H ME N T S: D escription Type P olling P lace Resolution Resolution L etter RESOLUTION NO. RESOLUTION DESIGNATING POLLING PLACES FOR 2023 WHEREAS, Minnesota Statute 204B.16, subd 1 requires the City Council, by ordinance or resolution, to designate polling places for the upcoming year; and WHEREAS, changes to the polling places locations may be made at least 90 days before the next election if one or more of the authorized polling places becomes unavailable for use; and WHEREAS, changes to the polling place locations may be made in the case of an emergency when it is necessary to ensure a safe and secure location for voting; and NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Richfield hereby designates the following polling places for elections conducted in the city in 2023; Precinct No. 1 Church of Peace Ward 1 6345 Xerxes Avenue Precinct No. 2 St. Richard's Catholic Church Ward 1 7540 Penn Avenue Precinct No. 3 Woodlake Lutheran Church Ward 1 2120 W. 76th St. Precinct No. 4 St. Peter's Catholic Church Ward 2 6730 Nicollet Avenue Precinct No. 5 Richfield Community Center Ward 2 7000 Nicollet Avenue Precinct No. 6 Bethel’s Rock Church Ward 2 7601 Girard Avenue Precinct No. 7 Mt. Calvary Education Building Ward 3 6541 16th Avenue Precinct No. 8 Hope Presbyterian Education Facility Ward 3 7132 Portland Avenue Precinct No. 9 House of Prayer Ward 3 7625 Chicago Avenue NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that the nine locations listed above are the designated 2023 polling locations in Richfield. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of December, 2022. ____________________________ Maria Regan Gonzalez, Mayor ATTEST: _________________________ Kari Sinning, City Clerk AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #4.E. STAFF RE P ORT NO. 175 CIT Y COUNCIL ME E T ING 12/13/2022 RE P O RT P RE PA RE D B Y: S am C rosby, P lanner II D E PA RTME NT D IRE C TO R RE V IE W: Melissa P oehlman, C ommunity D evelopment D irector 12/1/2022 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 12/6/2022 I T E M F O R C O UNC IL C O NS ID E RAT I O N: First Reading of a proposed ordinance amendment modifying the Zoning Code in relation to landscaping requirements. E X E C UT IV E S UM M ARY: Recent redevelopment projects and a comparison to other cities show that the City's current planting requirement of two trees per multi-family unit is unreasonable and largely impossible for any development to meet. I n addition to proposing a revision to required quantities, staff is recommending an alternative option to planting trees on site (when required plantings are not feasible). This option would allow developers to plant trees in public parks, or to pay into a fund that would allow the City to plant trees in boulevards or public parks at a future date. Through the review of these proposed amendments, two other modifications were identified. Consequently, staff is proposing the following four updates to the “Landscaping and screening requirements” section of the Zoning Code. The revisions include: I ncreasing flexibility by establishing the ability to pay cash-in-lieu of planting; I ncreasing the diversity of trees by reducing the amount of any one species that may be planted; Right-sizing the tree planting requirements for multi-family residential projects; and Referencing to the Department of Natural Resources (D NR) list of invasive species for prohibited trees. I n October, the proposed regulations were discussed with the Sustainability Commission and in November, they were recommended for approval by the Planning Commission. RE C O M M E ND E D AC T I O N: By motion: Approve a first reading of an ordinance amendment modifying the Zoning Code in relation to landscaping requirements. 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 Public Tree Planting Fund Due to underground utilities and other site constraints, the Rya apartment buildings at 6300-6400 Richfield Parkway was unable to plant all of the trees shown on the approved landscape plan. The City already has a provision that allows planting standards to be met through boulevard plantings, and the developer has planted five trees in the Richfield Parkway right-of-way. Staff would have liked to be able to offer other alternatives, such as the option to plant the missing trees in public parks, or to pay into a fund that would allow the City to plant the missing trees in boulevards or public parks at a future date. The option for a cash-in-lieu of planting is not a new concept. Both the City of Bloomington and the City of Roseville have a cash-in-lieu provision for trees. Staff recommends establishing such a fund and allowing both the Recreation Services Department and the Public Works Department to be able to pull from the account, for either park trees or boulevard trees, respectively. The pay-in amount was determined by analyzing the average cost of a tree, at the size required by the Zoning Code, plus labor to install. The proposed language is written so that the option may only be utilized when all on site planting has been maximized. I ncreasing Diversity For a new development, the Zoning Code currently requires that not more than 50% of the trees may be composed of one species. Staff finds that this does not provide sufficient resiliency. Therefore, staff recommends that the percentage be reduced to 25%. Ensuring a variety of species will help reduce the vulnerability of tree canopies to pests, disease and climatic stressors. Landscape architects are usually very good at designing a plan with a wide variety of tree types; nevertheless, on the rare occasion that they don’t, if the provision is not in the Zoning Code, it is difficult to enforce. Correcting Tree Quantities for Multi-Family Projects For multi-family projects, the Zoning Code currently requires one deciduous over-story tree and one ornamental tree per unit (coniferous trees may be substituted on a one-for-one basis for an over-story tree). This two trees per unit requirement is quite excessive and has consistently been flexed through the Planned Unit Development (P UD) process. Consequently, staff is proposing to change Richfield’s requirement to 0.5 trees per unit for all projects over 6 units in size (standard rounding would apply), and one tree per unit for projects with three to six units (multi-family is defined as three or more units). The following table provides some recent examples: Project Name:# of Units:# of Trees Required:# of Trees Provided:*Proposed: Chamberlin 190 380 43 95 Landsby 132 264 23 66 Richfield Flats 55 110 13 26 Riley 82 164 29 41 Novo 192 384 54 96 Enclave 159 318 8 79.5 * Number of trees the proposed revision would require The Cities of Roseville and St. Louis Park both require only one canopy or evergreen tree per dwelling unit. The City of Bloomington requires approximately 17 trees per acre. The American Planning Association points to Olympia, W A as an exemplary urban forest City. Olympia requires 30 trees per acre. Richfield’s Medium and High-Density Residential land use categories range between 8 and 100 dwelling units per acre, which under the proposed amendment would translate to anywhere between 4 and 50 trees per acre, with the mid- range being 15 to 30 trees per acre. W hat’s required by the Zoning Code cannot be so excessive that it is not reasonable; such an extreme requirement is not defensible. By changing the Zoning Code to a more realistic number, staff will have a stronger position against further decreases; particularly with an alternative pay-in option available. This may seem like a reduction in the City’s requirements, but as you can see from the table above, with the need for negotiation eliminated, it will almost always results in a greater number of trees being planted. Sustainability Commission / Prohibited Trees The Sustainability Commission reviewed and discussed the proposed ordinance at their October 27th meeting. The Commission recommended adding the word “planting” to the name of the tree fund, since the funds may only be used for initial establishment of trees, not long-term maintenance. The Commission recommended that the City prohibit the planting of known invasive species, as determined by the D NR, the list of which can be found at: www.dnr.state.mn.us/invasives/terrestrialplants/index.html, and is attached for reference. The Commission discussed the idea of limiting the number of conifers, but decided against it due to the occasional need for screening between uses. Finally, the Commission encouraged City staff to work with an arborist to tweak landscape plans to increase on-site plantings as much as possible. Staff agrees with all of these suggestions. Consequently, the two that affect the proposed ordinance language have been incorporated into the document. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): The City already has a provision that allows planting standards to be met through boulevard plantings. T he proposed ordinance expands upon that provision to also allow the standards to be met in public parks and through a pay-in option. The Comprehensive Plan states that there is a desire for passive areas of parks to be restored to a more natural character, and for existing natural areas to be better preserved. The proposed Zoning Code amendment is in alignment with the City’s Comprehensive plan and policies, examples include: Encourage innovative solutions to land use and transportation problems. Maintain and enhance the “urban hometown” character of Richfield. Reduce pollutants through public transit, car-pooling, traffic control, use of berms and trees, and stronger enforcement of pollution policies. Establishing a pay-in option complies with State Statutes so long as there are other options available to the applicant. C.C R IT IC AL T IMIN G IS S U E S: The developer of The Rya apartment building has placed funds in escrow with the hopes that the proposal will be approved and the money can be transferred to the newly established budget upon adoption of the amended Zoning Code. D.F IN AN C IAL IMPAC T: The City budget does not currently have a line item where both the streets department and the recreation department can pull from. Creating a separate line item in the budget will ensure that the funds do not get inadvertently pulled for resources other than tree planting. The line item will be in the capital budget. The flexibility provided to developers by an increase of options will likely help streamline projects, which has the potential to reduce overall costs. I ncreasing the options available to developers also helps to ensure that all trees will get planted somewhere, rather than foregoing canopy due to unforeseen circumstances or events. Trees are an important resource and an increased tree canopy generally increases property values and general quality of life. E.L E GAL C ON S ID E R AT ION: Notice of the public hearing was published in the Sun Current newspaper on October 13, 2022. At the October 24 Planning Commission meeting, the item was continued by the Planning Commission to allow the Sustainability Commission time to review the request. At the November 28 Planning Commission meeting, no one from the public spoke to the item and the Commission voted unanimously (6-0) to recommend approval as presented. Because the City is the applicant, the 60-day rule does not apply. The item is scheduled for second reading on J anuary 10, 2023. ALTE R N AT IV E R E C O MME N D ATIO N(S): Recommend approval of the text amendment with additional and/or modified stipulations. Recommend denial of the text amendment, thus maintaining the Zoning Code as currently written. P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: N/A AT TAC H ME N T S: D escription Type Ordinance Ordinance F und E stablishment Resolution Resolution L etter MnD NR Invasive L ist B ackup Material BILL NO. _____ AN ORDINANCE AMENDMENT MODIFYING SECTION 544 OF THE ZONING CODE IN RELATION TO LANDSCAPING REQUIREMENTS THE CITY OF RICHFIELD DOES ORDAIN: Section 1 Subsection 544.03, Subdivision 4 of the Richfield Zoning Code is amended to revise only item c) as it relates to percentages of tree species, all subsequent items to remain unchanged, to read as follows: Subd. 4. General landscaping requirements. The City intends that each new landscaping and screening plan be designed to a high level of quality because of the needs imposed by the relatively high development densities and land values in Richfield. Designers shall strive to meet the standards outlined in Su bdivisions 4 through 7, below. However, the Director shall review and decide the adequacy of each landscaping and screening design based on whether or not it meets the intent of this ordinance. The Director shall advise the Planning Commission as part of Site Plan Review. a) Area to be landscaped: All open areas of a lot which are not used or improved for required parking areas, drives or storage shall be landscaped with a combination of overstory trees, understory trees, shrubs, flowers and ground cover materials. b) Materials: The plan for landscaping shall include ground cover, shrubs, trees, public art, walls, fences, decorative walks or other features or materials acceptable to the Director. c) Tree types and species: For sites requiring ten (10) tr ees or more as determined by Subd.5 for residential sites and Subd.6 for commercial sites, not more than 50 25 percent of the required trees shall be composed of one species. No required tree or shrub shall be any of the following: i. A species of the genus Ulmus (elm), except those elms bred to be immune to Dutch elm disease; ii. Box elder Those trees and shrubs listed by the DNR as invasive; or iii. Female ginko. d) through k): no change Section 2 Subsection 544.03, Subdivision 5 of the Richfield Zoning Code is amended to modify tree requirements for multi-family dwellings, to read as follows: Subd. 5. Residential sites. Residential sites shall be landscaped to improve the livability, beauty and value of housing; to screen and m itigate views of large parking areas; to reduce the effect of traffic noise; to provide shade; and to help protect water quality. a) Quantities. These requirements are in addition to any plantings in the public street right-of-way whether installed by the land developer or the City. b) Single- and Two-Family Dwellings Multiple-Family Dwellings Overstory deciduous trees 1 per dwelling unit 3 to 6 units: 1 tree per dwelling unit 1 more than 6 units: 0.5 trees per dwelling unit. Coniferous trees May be substituted on a one-for-one basis for the overstory deciduous trees. Ornamental deciduous trees 1 per dwelling unit None required. May be substituted on a 1.5-for-one basis for a max of 25% of the overstories planted on site. Understory shrubs Foundation plantings are required in all areas visible from the public street. Foundation plantings are required in all visible areas. b) Commercial edges. The density and initial size of plantings shall be increased along nonresidential edges and may be combined with berms, walls and fences to achieve the objective of protecting the values, quietude and privacy of the housing. Landscaping on the adjacent nonresidential property may not be substituted for plantings on the residential property. Section 3 Subsection 544.03, Subdivision 8 of the Richfield Zoning Code is amended to expand alternatives to on-site tree planting, to read as follows: Subd. 8. Streetscape plans and boulevard alternative plantings. a) Streetscape plans. In areas where a district or street-specific planting plan has been adopted by the City Council for the public street right -of-way, development must provide landscaping as set forth in that streetscape plan. Streetscape plantings located within the property lines of the site may be c redited toward the required number of trees and shrubs but plantings in the public right -of-way shall not. Landscaping placed or removed in the public right -of-way must receive City approvals for right-of-way plantings and must conform to City right -of-way planting policies. b) Boulevard plantings. In instances of constrained sites (509.25 Subd.6), landscape standards may be met through boulevard plantings under a permit from the Richfield Public Works Department. b) Alternative plantings. If the development property does not contain sufficient area or it is otherwise not practical to plant the required trees on the development property as determined by the Community Development Director (or designee), then the trees may be planted on public property (e.g.: parks, boulevards, right-of-way). Plantings must be approved by either the Recreation Services Director (or designee) or the Public Works Director (or designee). Alternatively, an equivalent amount may be paid into the City’s Public Tree Planting Fund for planting of trees on public property on behalf of the development. The rate shall be per caliper inch and shall be set by Appendix D of the City Code.” Section 4 Appendix D of the Richfield Municipal Code is amended to add the public tree fund amount, to read as follows: Appendix D – License, Permit and Miscellaneous Fees ZONING, LAND USE AND RELATED CHARGES Type of Permit or License Section Requiring Description Fee (18) Public Tree Planting Fund 544.03 Subd.8 For the planting of trees in public parks or public boulevards. $160.00 per caliper inch. Section 5 This Ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Passed by the City Council of the City of Richfield, Minnesota this 10th day of January, 2023. Mary B. Supple, Mayor ATTEST: City Clerk RESOLUTION NO. ____ RESOLUTION AUTHORIZING ESTABLISHMENT OF A NEW SPECIAL REVENUE FUND FOR PUBLIC TREE PLANTINGS WHEREAS, the City of Richfield desires to increase flexibility for land use applicants and developers by establishing the option to pay funds in lieu of tree planting; and WHEREAS, the option would only be available when all other on -site tree planting options have been exhausted; and WHEREAS, the Zoning Code already allows for planting standards to be met through boulevard plantings, and the proposed fund would allow for the City to plant the trees on behalf of the applicant/developer at a later date, thereby allowing projects that would not otherwise be completed over the winter to be closed -out in a more timely fashion; and WHEREAS, it is the intent that the funds will be available to both the Recreation Services Department (for planting trees in City parks) and the Public Works Department (for planting trees in City right-of-ways); and WHEREAS, the establishment of the fund is a sustainable initiative that complies with the goals and objectives of the 2040 Comprehensive Plan; and WHEREAS, for transparency and accurate tracking of revenue and expenditures, staff recommends the establishment of a new fund; and WHEREAS, these funds will have the following name: Public Tree Planting Fund (line item #47150); and WHEREAS, Section 7.12 of the City Code requires Council approval by resolution of the establishment of new funds in the City of Richfield budget; NOW, THEREFORE, BE IT RESOLVED the City Council herby approves the establishment of the Public Tree Planting Fund, for transparent and accurate tracking of financial activity. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of January, 2023 Mayor ATTEST: Kari Sinning, City Clerk Minnesota Department of Natural Resources Invasive Terrestrial Plants Trees and shrubs  Amur cork tree  Amur maple  Autumn olive  Black locust  Buckthorn  Japanese barberry  Multiflora rose  Non-native bush honeysuckles  Non-native knotweeds  Norway maple  Russian olive  Siberian elm  Siberian peashrub  Tree of heaven*  Winged burning bush Click on the links for individual species to learn more about identification, distribution, impacts, management, regulatory status, and native plant alternatives for those particular species. This is an educational list of plants that can be invasive in natural areas. Some plants are regulated by the Minnesota Department of Agriculture as Noxious Weeds and that is noted in their descriptions. An * next to the plant name indicates it is an early detection species. AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #4.F. STAFF RE P ORT NO. 176 CIT Y COUNCIL MEET ING 12/13/2022 RE P O RT P RE PA RE D B Y: John E vans, E xecutive A nalyst D E PA RTME NT D IRE C TO R RE V IE W: A my Markle, Recreation S ervices D irector 12/5/2022 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 12/7/2022 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consider the adoption of a resolution accepting grants and donations received by the Richfield Recreation Services Department in 2021 and 2022 and authorizing the Recreation Services Department to administer the funds in accordance with any applicable grant agreements and terms prescribed by donors. E X E C UT IV E S UM M ARY: The Richfield Recreation Services Department received funds through grants and donations in 2021 and 2022 from various individuals and organizations to fund different events and projects and require acceptance of these grants by the City Council. T he Department received the following grants and donations in 2021 and 2022: D ATE D O N O R P U R P O S E AMO U N T J an through Dec 2021 Market Bucks Hunger Solutions MN $2,475.00 J uly 4, 2021 Hunger Solutions Administrative Grant 2021 Hunger Solutions MN $1850.00 Nov and Dec 2021 Richfield Liquor Store Customers Round Up for Richfield Parks $752.18 Through Nov 2022 Richfield Liquor Store Customers Round Up for Richfield Parks $6,360.49 April 2022 Hennepin County Youth Sports Grant Accessible Picnic Tables $10,000.00 April 2022 Hennepin County Youth Sports Grant Outdoor Curling Equipment $8,574.41 J uly 2022 Hunger Solutions Administrative Grant 2022 Hunger Solutions MN $700.00 J uly 2022 Pandemic Response and Safety Grant (PRS) United States Department of Agriculture (US D A)$9,693.00 J an through Nov 2022 Market Bucks Hunger Solutions MN $9,058.00 RE C O M M E ND E D AC T I O N: By motion: Adopt a resolution accepting grants and donations received by the Richfield Recreation Services Department in 2021 and 2022 and authorizing Recreation Services Department staff to administer the funds in accordance with any applicable grant agreements and terms prescribed by donors. 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 Provided in the Executive Summary. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Minnesota Statute 465.03 requires every acceptance of a grant or devise of real or personal property on terms prescribed by donor be made by resolution and adopted by two-thirds majority of the City Council. T he Administrative Services Department issued a memo on November 9, 2004, requiring that all grants and restricted donations to departments be received by resolution and adopted by two-thirds majority of the City Council in accordance with Minnesota Statute 465.03. C.C R IT IC AL T IMIN G IS S U E S: None D.F IN AN C IAL IMPAC T: All of the donations listed were given without obligation to provide any additional matching funds. E.L E GAL C ON S ID E R AT ION: Minnesota Statute 465.03 requires every acceptance of a grant or devise of real or personal property on terms prescribed by the donor be made by resolution and adopted by two-thirds majority of the City Council. ALTE R N AT IV E R E C O MME N D ATIO N(S): Should Council not accept the grants, the Recreation Services Department would be required to locate alternate funding sources to cover the grant amounts. P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: None AT TAC H ME N T S: D escription Type Resolution accepting grants and donations Resolution L etter RESOLUTION NO. RESOLUTION AUTHORIZING ACCEPTANCE OF GRANTS RECEIVED BY THE CITY OF RICHFIELD-RECREATION SERVICES DEPARTMENT AND TO AUTHORIZE THE CITY TO ADMINISTER THE FUNDS IN ACCORDANCE WITH GRANT AGREEMENTS AND TERMS PRESCRIBED BY DONORS WHEREAS, Minnesota Statute 465.03 reads in part as follows: Any city, county, school district or town may accept a grant or devise of real or personal property and maintain such property for the benefit of its citizens in accordance with the terms prescribed by the donor. Nothing herein shall authorize such acceptance or use for religious or sectarian purposes. Every acceptance shall be by resolution of the council adopted by two-thirds majority of its members, expressing such terms in full, and WHEREAS, the City of Richfield has received grants and donations as described below: DATE DONOR PURPOSE AMOUNT Jan through Dec 2021 Market Bucks Hunger Solutions MN $2,475.00 July 4, 2021 Hunger Solutions Administrative Grant 2021 Hunger Solutions MN $1850.00 Nov and Dec 2021 Richfield Liquor Store Customers Round Up for Richfield Parks $752.18 Through Nov 2022 Richfield Liquor Store Customers Round Up for Richfield Parks $6,360.49 April 2022 Hennepin County Youth Sports Grant Accessible Picnic Tables $10,000.00 April 2022 Hennepin County Youth Sports Grant Outdoor Curling Equipment $8,574.41 July 2022 Hunger Solutions Administrative Grant 2022 Hunger Solutions MN $700.00 July 2022 Pandemic Response and Safety Grant (PRS) United States Department of Agriculture (USDA) $9,693.00 Jan through Nov 2022 Market Bucks Hunger Solutions MN $9,058.00 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: That the City Council of the City of Richfield hereby accepts the grants and donations as listed above, received in 2021 and 2022, and authorizes the City to administer the funds in accordance with grant agreements and terms prescribed by donors. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of December, 2022. Maria Regan Gonzalez, Mayor ATTEST: Kari Sinning, City Clerk AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #4.G. STAFF RE P ORT NO. 177 CIT Y COUNCIL ME E T ING 12/13/2022 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 12/5/2022 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 12/6/2022 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consider the approval of setting a public hearing to be held on January 10, 2023, to consider the issuance of ne w On-Sale Wine and 3.2 Pe rce nt Malt Liquor licenses for NTLL Hockey Ve nture s, L L C., dba Minne sota Whitecaps, located at the Richfield Ice Arena, 636 66th Stree t E. E X E C UT IV E S UM M ARY: On October 19, 2022, the City received the application materials for new On-Sale W ine and 3.2 Percent Malt Liquor licenses for NTLL Hockey Ventures, LLC., dba Minnesota W hitecaps, located at the Richfield I ce Arena, 636 66th Street E. All required information and documents have been received. All licensing fees have been paid. RE C O M M E ND E D AC T I O N: By motion: Approve the setting of a public hearing to be held on January 10, 2023, to consider the issuance of new On-Sale Wine and 3.2 Percent Malt Liquor licenses for N T LL Hockey Ventures, L LC., dba Minnesota W hitecaps, located at the Richfield Ice Arena, 636 66th Street E. B AS IS O F RE C O M M E ND AT I O N: A.H IS TOR IC AL C ON T E X T This is a notice to set the public hearing. Staff will provide a more detailed historical context in the report submitted for the public hearing on J anuary 10, 2023. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): City ordinance requires the City Council to conduct a public hearing to consider all On-Sale W ine and 3.2 Percent Malt Liquor license applications and set a date for the public hearing. The hearing must be scheduled and held before a new license may be considered. The new process has been initiated. C.C R IT IC AL T IMIN G IS S U E S: Holding the public hearing on J anuary 10, 2023 will provide ample time to complete the licensing process. D.F IN AN C IAL IMPAC T: All licensing fees have been received. E.L E GAL C ON S ID E R AT ION: There are no legal considerations. ALTE R N AT IV E R E C O MME N D ATIO N(S): Reject the applications for new On-Sale W ine and 3.2 Percent Malt Liquor licenses for NTLL Hockey Ventures, L L C., dba Minnesota W hitecaps. Schedule the public hearing for another date; however, this will delay the licensing process. P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: There are no parties expected at this meeting. AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #4.H. STAFF RE P ORT NO. 178 CIT Y COUNCIL ME E T ING 12/13/2022 RE P O RT P RE PA RE D B Y: Jay Henthorne, D irector Of P ublicS afety/C hief of P olice D E PA RTME NT D IRE C TO R RE V IE W: Jay Henthorne, D irector of P ublic S afety/C hief of P olice 12/5/2022 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 12/6/2022 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consider approval of a contract renewal with Adesa Minneapolis for 2022-2023 for auctioning forfeited vehicles from Public Safety/Police. E X E C UT IV E S UM M ARY: Adesa is a company used by the Public Safety Department to store and auction-off seized vehicles. The City currently has a contract with Adesa and would like to renew the contract for the year 2022-2023. RE C O M M E ND E D AC T I O N: By motion: Approve the renewal of the 2022-2023 auction service contract between the City of Richfield and Adesa Minneapolis, for the auctioning of forfeited vehicles from Public Safety/Police. B AS IS O F RE C O M M E ND AT I O N: A.H IS TOR IC AL C ON T E X T Adesa's performance during the past year of the contract period was satisfactory. They auction forfeiture vehicles for many cities, including the City of Bloomington. Adesa Minneapolis has submitted the new contract for 2022-2023. No changes were made to the services they provide. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Adesa Minneapolis notified the City that they wish to renew their contract with the City. The Public Safety Department wishes to renew the contract with Adesa Minneapolis. The contract has numerous conditions that must be met. Adesa Minneapolis is a reputable, established auction company that meets all contract requirements. C.C R IT IC AL T IMIN G IS S U E S: A 30-day written notice must be given by either party to terminate the contract. Public Safety must have a company to store and auction forfeited vehicles. Adequate space is not available in the City to store forfeited vehicles. D.F IN AN C IAL IMPAC T: The fees remain the same and are detailed in the contract. There is adequate funding in the Public Safety budget to cover the costs of Adesa Minneapolis services. E.L E GAL C ON S ID E R AT ION: The City Attorney has reviewed and approved the past contract with Adesa Minneapolis and there are no contract changes under the new contract. ALTE R N AT IV E R E C O MME N D ATIO N(S): Do not approve the contract; however, Public Safety would need to find other means to auction forfeited vehicles. P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: None AT TAC H ME N T S: D escription Type A desa C ontract C ontract/A greement AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #4.I. STAFF RE P ORT NO. 179 CIT Y COUNCIL ME E T ING 12/13/2022 RE P O RT P RE PA RE D B Y: Nellie Jerome, P lanner I D E PA RTME NT D IRE C TO R RE V IE W: Melissa P oehlman, C ommunity D evelopment D irector 12/2/2022 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 12/6/2022 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consider a resolution accepting donations to the Affordable Housing Trust Fund. E X E C UT IV E S UM M ARY: The City created an Affordable Housing Trust Fund in 2020 to construct, preserve and rehabilitate affordable housing in the community. Over the past year, donations totaling $32 have been collected in exchange for J ust Deeds lawn signs. Just Deeds is an ongoing project to bring awareness to historic racial discrimination in housing. Yard signs are given freely to property owners who have participated in the Just Deeds program and non- participants who are interested in a yard sign have been asked for a suggested donation of $10 to the Affordable Housing Trust Fund for each yard sign. RE C O M M E ND E D AC T I O N: By motion: Adopt a resolution accepting $32 in donations for the Affordable Housing Trust Fund for affordable homeownership activities. B AS IS O F RE C O M M E ND AT I O N: A.H IS TOR IC AL C ON T E X T The City Council created the Trust Fund in May of 2020 as a tool that allows the City to create, preserve, and rehabilitate affordable housing. 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: Donations collected in 2022 are included in this resolution. D.F IN AN C IAL IMPAC T: A total of $32 will be added into the Affordable Housing Trust Fund. E.L E GAL C ON S ID E R AT ION: State Statute allows Affordable Housing Trust Fund money to be spent on down payment assistance and other affordable homeownership activities. ALTE R N AT IV E R E C O MME N D ATIO N(S): None. P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: NA AT TAC H ME N T S: D escription Type Resolution Resolution L etter CITY COUNCIL RESOLUTION NO. RESOLUTION ACCEPTING DONATIONS TO THE AFFORDABLE HOUSING TRUST FUND WHEREAS, The City of Richfield created an Affordable Housing Trust Fund, pursuant to Minnesota Statutes Section 462C.16, on May 26, 2020, to promote the development of new affordable housing within the City, to promote the development and preservation of existing affordable housing in the community, and to support individuals with rental and down payment assistance; and WHEREAS, City staff has been directed to participate in the work of the Just Deeds Coalition to educate the community about racially restrictive covenants in housing and other historically discriminatory practices; to identify contemporary discriminatory systems, policies, and practices; and to take action to dismantle racist systems, practices, and policies in the City of Richfield to create equity for all ; and WHEREAS, the City has made lawn signs available for residents to show their support for discharging racially restrictive covenants, which are given away to participants of the Just Deeds program and which are also made available for the public for a suggested donation of $10 each. NOW, THEREFORE, BE IT RESOLVED 1. The City Council hereby accepts the $32 in donation proceeds to the City’s Affordable Housing Trust Fund for affordable homeownership opportunities. 2. The City shall deposit such funds into the Affordable Housing Trust Fund to be used for affordable housing purposes. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of December 2022. Maria Regan Gonzalez, Mayor ATTEST: Kari Sinning, City Clerk AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #4.J. STAFF RE P ORT NO. 180 CIT Y COUNCIL ME E T ING 12/13/2022 RE P O RT P RE PA RE D B Y: S cott K ulzer, A dministrative A ide/A nalyst D E PA RTME NT D IRE C TO R RE V IE W: K ristin A sher, P ublic Works D irector 12/6/2022 O THE R D E PA RTM E NT RE V IE W: N/A C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager 12/6/2022 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consider the approval of resolutions of support for Public W orks' Active Transportation grant applications to MnD O T for the installation of a sidewalk on 73rd St and construction of intersection improvements at the 66th St/Richfield Parkway roundabout. E X E C UT IV E S UM M ARY: Active Transportation Program The Minnesota Legislature established the Active Transportation program in 2018, which is administered by MnD OT. The program aims to increase the number of people walking and biking by providing planning and infrastructure grants. Active Transportation funding can be used for construction costs and does not require any local match. Local agencies are required to pay for engineering and construction administration costs related to the grant projects. Grant requests must be between $50,000 and $500,000 and applications are due by December 30, 2022. The Minnesota Legislature appropriated a total of $3.5 million for infrastructure projects across the state. Richfield Active Transportation Grant Applications 73rd St Sidewalk: The City of Richfield is requesting $210,000 in Active Transportation infrastructure grant dollars to construct a sidewalk on the north side of 73rd St from Lyndale Ave to Humboldt Ave/35W. The total estimated project cost is $245,000 of which $210,000 is for construction and $35,000 is for administration and engineering. 66th St/Richfield Parkway Intersection Improvements: The City of Richfield is requesting $255,000 in Active Transportation infrastructure grant dollars to construct intersection improvements including pedestrian crossing beacons at the 66th St/Richfield Parkway roundabout. The total estimated project cost is $300,000 of which $255,000 is for construction and $45,000 is for administration and engineering. RE C O M M E ND E D AC T I O N: By Motion: Approve the resolutions of support for Public W orks' Active Transportation grant applications to MnD O T for the installation of a sidewalk on 73rd St and construction of intersection improvements at the 66th St/Richfield Parkway roundabout. 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 73rd St Sidewalk The proposed project will fill a gap in the pedestrian and bicycle network and connect to an existing pedestrian bridge over 35W . This project has been identified as a community need in past citywide planning efforts, including the City of Richfield’s Pedestrian Master Plan and Bicycle Master Plan. Closing the 73rd St pedestrian and bicycle gap will increase the safety and improve the experience of students traveling to and from the Richfield Middle School and Richfield High School. Today, 10% (Middle School) and 12% (High School) of students from the schools live within the walk zone of their school and on average, 13% (Middle School) and 14% (High School) of those students respectively walk or bike to school. The proposed project will also help improve pedestrian and bicycle connections between neighborhoods, parks (e.g., Woodlake Nature Center, Augsburg Park, and Donaldson Park), and other key destinations (e.g., Augsburg Library, religious institutions, jobs, shops, and services). Neighborhoods on each side of 35W are diverse. For example, 32% of residents within a half-mile of the project are Black and I ndigenous People of Color (9% are Black and 13% are Latino) and 21% of residents are younger than 17. Furthermore, 19% of residents are within 185% of the Federal poverty line, and south of 73rd St, 10.6% of residents don't have a vehicle. Overall, adding a pedestrian facility to 73rd St will increase accessibility for people. I t is also an opportunity to increase the “findability” of the pedestrian crossing over I -35W. 66th St/Richfield Parkway Intersection Improvements The proposed improvements include Rectangular Rapid Flashing Beacons (RRF Bs) at all legs of the roundabout and upgrades to the pedestrian refuges and approaches to meet A D A guidelines on the north, east, and south legs. According to the MnD OT Traffic Control Signal Design Manual, RRFBs can enhance safety by reducing crashes between vehicles and pedestrians at unsignalized intersections by increasing driver awareness of potential pedestrian conflicts. RRFBs have been installed throughout the community including at the 66th St roundabouts at Portland Ave, Nicollet Ave, and Lyndale Ave. The 66th St and Richfield Parkway intersection has experienced three pedestrian or bicyclist crashes since the development of the City’s Pedestrian Master Plan in 2018. One involved a driver failing to yield to a bicyclist already in the roundabout. The other two crashes involved drivers failing to yield to people attempting to cross at the marked crosswalks. City staff has received multiple requests for improvements from pedestrians and bicyclists. Overall, the proposed improvements should help increase the yielding rate of drivers, providing a safer environment for people to cross at the intersection. I t will also enhance and improve a vital crossing for the Nokomis-Minnesota River Regional Trail and connections to community dentitions (e.g., church, multifamily housing, a pre-C OV I D high frequency bus route, and many commercial areas) from a public health perspective. Hennepin County supports this funding application and agrees to operate and maintain the new roadway infrastructure along 66th St (C S A H 53) for the useful life of improvements. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): These Active Transportation program grant applications are consistent with the City's: Pedestrian Master Plan Bicycle Master Plan Safe Routes to School Comprehensive Plan Strategic Priorities 3a & 3b: City infrastructure supports the needs of the community Sustainable infrastructure financing C.C R IT IC AL T IMIN G IS S U E S: Active Transportation program grant applications are due by December 30, 2022. D.F IN AN C IAL IMPAC T: Active Transportation funding can be used for construction costs and does not require any local match. Local agencies are required to pay for engineering and construction administration costs related to the grant projects: $35,000 anticipated City cost for the 73rd St Sidewalk project to be paid with Franchise Fees. The total estimated project cost is $245,000. $45,000 anticipated City cost for the 66th St/Richfield Parkway intersection improvements to be paid with Franchise Fees. The total estimated project cost is $300,000. E.L E GAL C ON S ID E R AT ION: None ALTE R N AT IV E R E C O MME N D ATIO N(S): None P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: None AT TAC H ME N T S: D escription Type AT 73rd S t Resolution Resolution L etter AT RRF B Resolution Resolution L etter 73rd S idewalk Map E xhibit RRF B Map E xhibit RESOLUTION NO. RESOLUTION OF SUPPORT FOR THE 73RD ST ACTIVE TRANSPORTATION GRANT APPLICATION WHEREAS, The Minnesota Legislature established the Active Transportation program in 2018 which is administered by MnDOT; and WHEREAS, The program aims to increase the number of people walking and biking by providing planning and infrastructure grants; and WHEREAS, Active Transportation infrastructure funding is for construction costs and does not require a local match, however, the City will be required to pay administration and engineering expenses; and WHEREAS, Grant requests must be between $50,000 and $500,000 and are due by December 30, 2022; and WHEREAS, there is a pedestrian and bicycle gap on 73rd St from I-35W to Lyndale Ave; and WHEREAS, Richfield Middle School and Richfield High school are both within a half mile of the project corridor; and WHEREAS, the gap on 73rd St was identified in the 2012 Bicycle Master Plan and the 2018 Pedestrian Master Plan; and WHEREAS, closing the 73rd St pedestrian and bicycle gap will increase the safety and improve the experience of students traveling to and from schools and community members traveling in their neighborhood; and WHEREAS, if the above project is selected for funding in the amount of $210,000, construction is tentatively scheduled for 2024; and WHEREAS, the City of Richfield invests in infrastructure to best serve today’s and tomorrow’s residents, businesses, and visitors; and WHEREAS, the City of Richfield ensures that City services are accessible to people of all races, ethnicities, incomes, and abilities. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Richfield supports Public Works’ 2022 Active Transportation application for 73rd St sidewalk improvements. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of December 2022. Maria Regan Gonzalez, Mayor ATTEST: Kari Sinning, City Clerk RESOLUTION OF SUPPORT FOR THE 66TH STREET AND RICHFIELD PARKWAY INTERSECTION IMPROVEMENST ACTIVE TRANSPORTATION GRANT APPLICATION WHEREAS, The Minnesota legislature established the Active Transportation program in 2018 which is administered by MnDOT; and WHEREAS, The program aims to increase the number of people walking and biking by providing planning and infrastructure grants; and WHEREAS, Active Transportation infrastructure funding is for construction costs and does not require a local match, however, the City will be required to pay administration and engineering expenses; and WHEREAS, Grant requests must be between $50,000 and $500,000 and are due by December 30, 2022; and WHEREAS, Public W orks is looking to upgrade the pedestrian crossings at the 66th Street (CSAH 53) and Richfield Parkway intersection that operates as a roundabout; and WHEREAS, The proposed improvements will include Rectangular Rapid Flashing Beacons (RRFB) at all legs of the roundabout, and upgrades to the pedestrian refuges and approaches to meet ADA guidelines on the north, east, and south legs; and WHEREAS, RRFBs will provide high visibility to motorists approaching pedestrian crosswalks at the roundabout; and WHEREAS, RRFBs will help enhance safety by reducing crashes between vehicles and pedestrians at the roundabout; and WHEREAS, Hennepin County supports this funding application and agrees to operate and maintain the new roadway infrastructure along CSAH 53 for the useful life of the improvements; and WHEREAS, if the above project is selected for funding in the amount of $255,000, construction is tentatively scheduled for 2024; and WHEREAS, the City of Richfield invests in infrastructure to best serve today’s and tomorrow’s residents, businesses, and visitors; and WHEREAS, the City of Richfield ensures that City services are accessible to people of all races, ethnicities, incomes, and abilities. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Richfield supports Public Works’ 2022 Active Transportation application for 66t St. and Richfield Parkway intersection improvements. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of December, 2022. Maria Regan Gonzalez, Mayor ATTEST: Kari Sinning, City Clerk W 73rd St Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community AT Grant: 73rd Street Sidewalk—Humboldt/35W to Lyndale Ave ^_ ^_ ^_ ^_ Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community AT Grant: 66th St/Richfield Parkway RRFBs AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #4.K. STAFF RE P ORT NO. 181 CIT Y COUNCIL ME E T ING 12/13/2022 RE P O RT P RE PA RE D B Y: Jay Henthorne, P ublic S afety D irector/C hief of P olice D E PA RTME NT D IRE C TO R RE V IE W: Jay Henthorne, D irector of P ublic S afety/C hief of P olice 12/6/2022 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 12/6/2022 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consider the adoption of a resolution to accept a grant of $2,395.90 from the Office of Justice Programs for bullet proof vests. E X E C UT IV E S UM M ARY: The U.S Department of J ustice, Office of J ustice Programs, through their Bulletproof Vest Partnership/Body Armor Safety I nitiative (B V P), created by the Bulletproof Vest Partnership Grant Act of 1998, is designed to provide a critical resource to state and local law enforcement. The Richfield Department of Public Safety has participated in this grant since 2003. This grant allows the department to continually replace bulletproof vests that are out of warranty coverage. RE C O M M E ND E D AC T I O N: By motion: Adopt a resolution accepting the grant of $$2,395.90 from the Office of Justice Programs for bullet proof vests. 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 Since 1999, the B V P program has awarded more than 13,000 jurisdictions a total of $522 million for the purchase of over one million vests (1,395,976 as of February 2020). Based on data collected and recorded by B J A staff, following 2 years of decline in law enforcement officer line-of-duty deaths, the country realized a dramatic 37% increase in officer deaths in 2010. Fifty-nine (59) of the 160 officers killed in 2010 were shot during violent encounters: a 20% increase over 2009 numbers. B V P funds cover 50% of the cost of an individual vest. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Minnesota Statute 465.03 requires that every acceptance of a grant of devise of real or personal property on terms prescribed by the donor be made by resolution of more than two-thirds majority of the City Council. The Administrative Services Department issued a memo on November 9, 2004, requiring that all grants and restricted donations to departments be received by resolution and passed by more than two-thirds majority of the City Council in accordance with Minnesota Statute 465.03. C.C R IT IC AL T IMIN G IS S U E S: The Bulletproof Vest Partnership requires that the vests are ordered on or after April 1, 2022. The deadline to request payments from the FY 2022 award funds is August 31, 2024, or until all available F Y 2022 funds have been exhausted. D.F IN AN C IAL IMPAC T: The amount of the grant is $2,395.90. E.L E GAL C ON S ID E R AT ION: There are no legal considerations. ALTE R N AT IV E R E C O MME N D ATIO N(S): Council could deny the resolution to accept the grant from the Department of J ustice, Office of J ustice Programs; however, the contributions would help defray the costs of replacing the bulletproof vests for the Department of Public Safety. P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: None AT TAC H ME N T S: D escription Type Resolution Resolution L etter RESOLUTION NO. RESOLUTION APPROVING THE GRANT WITH THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS AND RICHFIELD POLICE FOR BULLETPROOF VESTS WHEREAS, following two years of declining law enforcement officer line-of-duty deaths, the country realized a dramatic 37 percent increase in officer deaths in 2010. Fifty-nine of the 160 officers killed in 2010 were shot during violent encounters; a 20 percent increase over 2009 numbers; and, WHEREAS, the U.S. Department of Justice is committed to improving officer safety and has undertaken research to review and analyze violent encounters and law enforcement officer deaths and injuries; and, WHEREAS, the Bulletproof Vest Partnership (BVP) was created by the Bulletproof Vest Partnership Grant Act of 1998 and is a unique U.S. Department of Justice initiative designed to provide a critical resource to state and local law enforcement; and, WHEREAS, the Richfield Department of Public Safety has been informed that a grant has been awarded to the department by the U.S. Department of Justice, Office of Justice Programs under their Bulletproof Vest Partnership (BVP) program, for $2,395.90 for the purchase of ballistic vests; and, WHEREAS, the BVP grant is under the Fiscal Year 2022 BVP awards, allowing purchases beginning on or after April 1, 2022 until August 31, 2024, or until all available 2022 award funds have been requested. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, that the Public Safety Department and the Deputy Director of Public Safety will enter into an agreement to receive grant money for Richfield’s bulletproof vest expenditures as outlined in the agreement. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of December 2022. ________________________ Maria Regan Gonzalez, Mayor ATTEST: __________________________ Kari Sinning, City Clerk AGENDA SECTION:PUBLIC HEARINGS AGENDA ITEM #6. STAFF RE P ORT NO. 182 CIT Y COUNCIL ME E T ING 12/13/2022 RE P O RT P RE PA RE D B Y: Melissa P oehlman, C ommunity D evelopment D irector D E PA RTME NT D IRE C TO R RE V IE W: Melissa P oehlman, C ommunity D evelopment D irector 12/2/2022 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 12/6/2022 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Public hearing to consider a resolution adopting a Spending Plan for unobligated tax increment. E X E C UT IV E S UM M ARY: I n 2022, the Housing and Redevelopment Authority (HRA) approved the preparation of a Tax I ncrement Management Review & Analysis report by HRA financial consultant Ehlers. This analysis identified a significant amount of pooled tax increment that is available to invest in the community in the next few years. T here are three separate statutory authorities under which the money can be spent; all with different timelines and authorized uses. T hese options are described in the Policies Section below. A preliminary plan to maximize the effectiveness of these monies was introduced to the HRA on September 19 and presented jointly to the City Council and HRA at a work session on October 17. As previously presented, staff is recommending the adoption of a Spending Plan (Plan) for up to $6,346,000 in unobligated tax increment from the Lyndale Gateway / Interchange West, Urban Village, and City Bella Tax Increment Financing (T IF) Districts. Per 2021 legislative authority, this Plan would allow unobligated tax increment to be spent on projects that spur development and create or retain jobs (including construction jobs). Available increment may be used to provide improvements, loans, interest rate subsidies, or assistance in any form to private development consisting of the construction or substantial rehabilitation of buildings and ancillary facilities, which will create or retain jobs in the state. T he attached Plan stipulates that preference for financing assistance shall be based on goals identified by the Comprehensive Plan and the following priorities identified by the City's Strategic Plan: A vibrant downtown that includes both new housing and business; I ncreased tax base through redevelopment that advances the Comprehensive Plan; Maintaining Richfield as an affordable place to live; and Climate resilience through the support of projects that advance the Climate Action Plan and sustainability goals. T he attached Plan was adopted by the HRA on November 21 and must also be adopted by the City Council. T he Plan does not approve any specific project, but rather makes these funds available to spend on projects that will be individually considered by the HRA when identified. RE C O M M E ND E D AC T I O N: Conduct and close a public hearing and by motion: Approve the attached resolution and Spending Plan for unobligated tax increment. 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 On September 19, 2002, Senior Municipal Advisor Rebecca Kurtz presented the Tax I ncrement Management Review & Analysis to the HRA. Approximately $10 million in pooled tax increment was identified and a preliminary recommendation for the allocation of these funds was introduced. On October 11, 2022, staff discussed opportunities to spend this pooled increment with the HRA and City Council. The attached Spending Plan and a similar resolution were approved by the HRA on November 21. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Minnesota State Statute 469.1763 Subd. 2(a) allows the HRA to retain a maximum of 25% of its annual tax increment from its redevelopment TI F Districts and use it for other redevelopment activities outside of the District's boundaries. This 25% maximum includes the amount retained for administration. I n 2021 the City obtained special legislation allowing the City and HRA to transfer 10% of increment pooled for housing to an affordable housing trust fund. I n May of 2022, policymakers modified the TI F plans of the Lyndale Gateway / I nterchange West, Urban Village, and City Bella TI F Districts to allow for this transfer. I n 2021 the State Legislature provided temporary authority to use unobligated TI F from existing TI F Districts to help stimulate private development that would not otherwise occur without assistance prior to December 31, 2025. C.C R IT IC AL T IMIN G IS S U E S: Authority granted by the temporary legislation expires December 31, 2025. Only increment that is not obligated as of December 31, 2022 (or within the following six months) may be spent. A Spending Plan for money to be used under this authority must be adopted by December 31, 2022. I f there is money that is not spent prior to December 31, 2025, these funds could be transferred to the Affordable Housing Trust Fund or spent under regular pooling rules per Statute. Special legislation allows the transfer of pooled TI F to the Affordable Housing Trust Fund (A HTF) through December 31, 2026. There is no deadline to spend monies once in the A HTF. Regular pooling must be spent prior to the decertification of the TI F District from which it is generated. The TI F Districts in question expire in 2025 (Lyndale Gateway / I nterchange West & Urban Village) and 2030 (City Bella). D.F IN AN C IAL IMPAC T: Approximately $10 million in pooled increment is anticipated over the next 8 years. Some of these money have been committed to current projects (e.g. Enclave, W oodlawn Terrace). E.L E GAL C ON S ID E R AT ION: The attached resolution was prepared by the HRA Attorney. ALTE R N AT IV E R E C O MME N D ATIO N(S): Do not approve the attached Spending Plan and resolution. P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: None AT TAC H ME N T S: D escription Type Resolution Resolution L etter S pending P lan C ontract/A greement 101622 Work S ession P resentation P resentation CITY OF RICHFIELD, MINNESOTA RESOLUTION NO. ______ APPROVING A SPENDING PLAN FOR CERTAIN TAX INCREMENT FINANCING DISTRICTS LOCATED IN THE CITY OF RICHFIELD WHEREAS, the City of Richfield, Minnesota (the “City”) and the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota (the “Authority”) have previously established the following tax increment financing districts located within the Richfield Redevelopment Project in the City and adopted tax increment financing plans therefor, pursuant to Minnesota Statutes, Sections 469.001 through 469.047, as amended, and Minnesota Statutes, Sections 469.174 through 469.1794, as amended (the “TIF Act”): the Interchange West and Lyndale Gateway Tax Increment Financing District, the Urban Village Tax Increment Financing District, and the City Bella Tax Increment Financing District (collectively, the “TIF Districts”); and WHEREAS, Section 469.176, subdivision 4n of the TIF Act (the “Temporary TIF Authority Act”) authorizes the Authority to spend available tax increment from any existing tax increment financing district, notwithstanding any other law to the contrary, to provide improvements, loans, interest rate subsidies, or assistance in any form to private development consisting of construction or substantial rehabilitation of buildings and ancillary facilities, if the following conditions exist: (1) Such assistance will create or retain jobs in the State of Minnesota, including construction jobs; (2) Construction commences before December 31, 2025; (3) The construction would not have commenced before the dates specified above without the assistance; (4) Tax increments under the spending plan are spent by December 31, 2025; and (5) The City Council of the City approves a written spending plan (after a duly noticed public hearing) that specifically authorizes the Authority to take such actions; and WHEREAS, the Authority has proposed to apply available tax increments from the TIF Districts for various uses in accordance with the Temporary TIF Authority Act, and to that end has caused to be prepared a spending plan for the TIF Districts (the “Spending Plan”); and WHEREAS, the assistance authorized under the Spending Plan expressly includes but is not limited to assistance for private development that provides for job creation or development of housing, including but not limited to market rate and affordable multifamily, townhomes, and single-family units; and WHEREAS, on the date hereof, the City Council conducted a public hearing regarding the Spending Plan, for which notice was published in a newspaper of general circulation in the City and on the City’s public website at least ten (10) days but not more than thirty (30) days 2 prior to the date of the public hearing, in accordance with the Temporary TIF Authority Act, and at which public hearing all persons were given the opportunity to be heard; and WHEREAS, at its meeting on November 21, 2022, the Board of Commissioners of the Authority adopted a resolution approving the Spending Plan; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: 1. The Spending Plan is hereby approved in substantially the form on file in City Hall. 2. The City makes all the findings set forth in the Spending Plan, which are incorporated herein by reference. 3. Authority staff and consultants are hereby authorized to take actions necessary to carry out the terms of the Spending Plan. Adopted by the City Council of the City of Richfield, Minnesota, this 13th day of December, 2022. Maria Regan Gonzalez, Mayor ATTEST: Kari Sinning, City Clerk RC125-392 (JAE) 838635v1 HRA Consideration: November 21, 2022 City Public Hearing: December 13, 2022 Richfield Housing and Redevelopment Authority City of Richfield, Hennepin County, Minnesota Spending Plan Lyndale Gateway / Interchange West TIF District Urban Village TIF District City Bella TIF District Spending Plan for Lyndale Gateway / Interchange West, Urban Village and City Bella Tax Increment Financing Districts PURPOSE The Richfield Housing and Redevelopment Authority (the “Authority”) administers the Tax Increment Financing Districts listed above (the “TIF Districts”) in the City of Richfield, Minnesota (the “City”), and proposes to adopt a Spending Plan for the TIF Districts in accordance with Minnesota Statutes, Section 469.176 Subd. 4n (the “Act”). The purpose of the Spending Plan is to develop or redevelop sites, lands or areas within the City in conformity with the City’s Comprehensive Plan or other City plans or objectives by using available tax increments from the TIF Districts to provide improvements, loans, interest rate subsidies, or assistance in any form to private development consisting of the construction or substantial rehabilitation of buildings and ancillary facil ities, which will create or retain jobs in this state, including construction jobs. UNOBLIGATED TIF FUNDS The HRA has identified a total of $6,346,000 in unobligated funds on hand within the TIF Districts (“Unobligated Tax Increments”): ▪ $771,000 of unobligated funds of the Urban Village Tax Increment Financing District; ▪ $5,121,000 of unobligated funds of the Lyndale Gateway / Interchange West Tax Increment Financing District; and ▪ $454,000 of unobligated funds of the City Bella Tax Increment Financing District. PLAN The Authority is authorized as follows: (a) To use Unobligated Tax Increments from the TIF Districts to provide improvements, loans, interest rate subsidies, or assistance in any form to private development consisting of the construction or substantial rehabilitation of buildings and ancillary facilities (the "Projects") in financing assistance to further the goals in the City’s Comprehensive Plan or other City plans or objectives, if doing so will create or retain jobs in the state, including construction jobs. Preference for financing assistance shall be based on the City of Richfield Strategic Plan FY 2023-2026, adopted in July 2022. These priorities include: (1) a vibrant downtown that includes both new housing and business; (2) increased tax base through redevelopment that advances the Comprehensive Plan; (3) maintaining Richfield as an affordable place to live; (4) climate resilience through the support of projects that advance the Climate Action Plan and sustainab ility goals; and (5) additional goals as identified by the Comprehensive Plan or other City plans or objectives. The Projects shall commence before December 31, 2025 (unless a later commencement date is authorized by law) and shall constitute Projects tha t would not commence by such date without the assistance provided pursuant to this Spending Plan. (b) To amend the budget set forth in the Tax Increment Financing Plan s for the TIF Districts as necessary to provide for the assistance authorized by this Spending Plan. (c) To take any other action necessary and authorized under the Act in connection with the construction or substantial rehabilitation of facilities of the type described in clause (a) above. The assistance provided pursuant to this Plan shall be subjec t to Minnesota Statutes, Sections 116J.993 to 116J.995 (the “Business Subsidy Law”), if applicable, and shall be subject to the City’s Business Subsidy Policy. ADOPTED: December 13, 2022 ATTEST: Mayer City Clerk Pooled Tax Increment Why we’re here •Ehlers TIF Management Plan complete •Significant pooled increment to spend •Three tools -various limitations, timelines, requirements •Proposed next steps TIF Management Plan •Detailed analysis •Obligations will be met •Impact on market value +400% •Approx. $10 million in pooled TIF 3 Pooling Options •Special Legislation –Limited uses, longest timeline. •Temporary Legislation –Most flexible, shortest timeline. •Regular Pooling –Limited uses, medium- term timeline. Details Temporary Leg.Special Leg.Regular Pooling Alt.Name Spending Plan Affordable Housing Trust Fund (AHTF) Housing & Redevelopment Fund + Admin. Timing ’22 Adopt Plan ’25 Spend ’26 Transfer to Fund No deadline to spend Spend prior to decertification of contributing district $ Limit No limit 10%25% (incl. 10%Admin.) Uses Spur development & create/retain jobs Development/rehab of affordable housing. Matching funds. Acquisition,demo, site improvements, infrastructure, structured parking –blighted sites Next steps •Transfer $750,000 to AHTF •Adopt Spending Plan (Temporary Legislation) for up to $6.4 million by December 31, 2022 •Craft AHTF and Spending Plan guidelines to articulate priorities Spending Plan •Based on Strategic Plan –Vibrant downtown –Increased tax base –Maintain affordability –Climate resilience –Add’l goals of Comp Plan or other city plans AHTF Priorities •Further the goals of the Inclusionary Housing Policy (IHP): –Larger bedroom sizes –Deeper affordability –Accessibility •Plus: –Leverage other funds –Energy-efficiency –Housing with supportive services –Housing with resident subsidies •Projects going above and beyond the IHP and Housing TIF District requirements. Requested Feedback •Does proposal for pooled money make sense? •Discuss draft AHTF and Spending Plan guidelines. AGENDA SECTION:PUBLIC HEARINGS AGENDA ITEM #7. STAFF RE P ORT NO. 183 CIT Y COUNCIL ME E T ING 12/13/2022 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 12/7/2022 O THE R D E PA RTM E NT RE V IE W: N/A C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager 12/7/2022 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Public hearing and consider to approve the renewal of 2023 Pawnbroker and Secondhand Goods Dealer licenses for Metro Pawn & Gun, Inc., 7529 Lyndale Avenue South. E X E C UT IV E S UM M ARY: On November 3, 2022, the City received the application materials for the renewal of Pawnbroker and Secondhand Goods Dealer licenses for Metro Pawn & Gun, I nc., 7529 Lyndale Avenue South. All required information and documents have been provided. All licensing fees have been received. The Public Safety Director has reviewed the background information and attached documents and approves of its contents and sees no basis for denial. RE C O M M E ND E D AC T I O N: Conduct and close the public hearing and by motion: Approve the renewal of 2023 Pawnbroker and Secondhand Goods Dealer licenses for Metro Pawn & Gun, Inc., 7529 Lyndale Avenue South. 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 On November 3, 2022, the City received the application and other required documents for Pawnbroker and Secondhand Goods Dealer licenses for Metro Pawn & Gun, I nc. The applicant has satisfied the following requirements for issuance of a license: The required license fees have been paid. Real estate taxes are paid and current. The $5,000 bond has been submitted. Environmental Health staff has received no complaints regarding Metro Pawn & Gun in the previous year. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. The Public Safety Director has reviewed the information in the background investigation report. There is no information in the investigation that shows any cause for recommending denial of the requested licenses. The Pawnbroker and Secondhand Goods Dealer licenses will expire on December 31, 2022. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Richfield City Code Sections 1186 and 1187 require owners of Pawnbroker and Secondhand Goods Dealer establishments to comply with all of the provisions of both City Code and State Statutes. C.C R IT IC AL T IMIN G IS S U E S: There are no additional critical timing issues. D.F IN AN C IAL IMPAC T: The required licensing fees have been received. E.L E GAL C ON S ID E R AT ION: There are no additional legal issues. ALTE R N AT IV E R E C O MME N D ATIO N(S): The Council could decide to deny the requested licenses, which would mean the current applicants would not be able to obtain Pawnbroker and Secondhand Goods Dealer licenses. Schedule the hearing for another date; however, this may delay the licensing process. P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: Metro Pawn & Gun, I nc. representative. AT TAC H ME N T S: D escription Type Metro P awn & Gun background summary C over Memo City of Richfield • Business Licensing • 6700 Portland Ave S • Richfield, MN 55423 • 612 -861-9870 • businesslicensing@richfieldmn.gov SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR METRO PAWN & GUN, INC. Officers: Mark Nichols - Owner Elizabeth Nichols - Owner Criminal History: The following criminal histories reflect the previous and current year. Mark Nichols has no known criminal record. Elizabeth Nichols has no known criminal record. John Kunst, who serves as the General Manager, has no known criminal record. Premises: Lynrich Properties, LLC is the owner of the property. All payments are current. Record of Service Calls: There were 28 Public Safety/Police contacts with Metro Pawn & Gun, In c. from October 2021 through September 2022. This compares with 12 contacts for the previous year. A breakdown of these contacts is attached to this report. Routine Information: The owner of the business continues to act in a cooperative manner with the Public Safety Department on the recovery of stolen articles. The Notice of Public Hearing was published in the Richfield Sun Current on December 29, 2022. City of Richfield • Business Licensing • 6700 Portland Ave S • Richfield, MN 55423 • 612 -861-9870 • businesslicensing@richfieldmn.gov Metro Pawn & Gun, Inc. Directors and Officers Mark Nichols Owner Elizabeth Nichols Owner --------------------------------------------------------------------------------------------------------------------- PUBLIC SAFETY CONTACTS October 2021 through September 2022 Metro Pawn & Gun, Inc. 2021 2022 TOTAL CONTACTS 12 28 CRIMINAL CONTACTS 5 3 Incidents (see bottom of page for specifics) (3) (2) Alarm (2) (0) Traffic (0) (1) MISC. NON-CRIMINAL 7 25 Assists (7) (0) Inspections/Licensing (0) (0) Medical/Fire (0) (0) Miscellaneous (0) (25) The criminal contacts from October 2021 through September 2022 were: 1 disturbance, 1 traffic violation, and 1 customer trouble. AGENDA SECTION:RESOLUTIONS AGENDA ITEM #8. STAFF RE P ORT NO. 184 CIT Y COUNCIL ME E T ING 12/13/2022 RE P O RT P RE PA RE D B Y: Julie Urban, A ssistant C ommunity D evelopment D irector D E PA RTME NT D IRE C TO R RE V IE W: Melissa P oehlman, C ommunity D evelopment D irector 12/6/2022 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 12/6/2022 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consider a resolution accepting the transfer of funds from the Lyndale Gateway / Interchange West, Urban Village, and City Bella Tax Increment Financing Districts to the Affordable Housing Trust Fund and consideration of priorities for the use of Trust Fund resources for affordable housing developments. E X E C UT IV E S UM M ARY: The City created the Affordable Housing Trust Fund (Trust Fund) in 2020 to construct, preserve, and rehabilitate affordable housing in the community. Since its creation, staff have been seeking revenue sources for the Trust Fund. I n 2021, the State Legislature passed special legislation that allows the Housing and Redevelopment Authority (HRA) to transfer pooled tax increment collected for housing purposes to the City's Trust Fund. The Tax I ncrement Financing Management Plan (TI F Plan) prepared for the HRA by the HRA's financial consultants identified pooled Tax I ncrement Financing (TI F) available in three TI F Districts as eligible to be transferred to the Trust Fund under the special legislation. These three Districts are Lyndale Gateway / I nterchange West, Urban Village, and City Bella. The HRA has designated $250,000 from each of these Districts for transfer to the Trust Fund. The special legislation allows these funds to be used to make grants, loans, and loan guarantees for the development, rehabilitation or financing of housing. The 2023 Trust Fund budget commits $200,000 of the funds to Richfield Flats, an affordable apartment development proposed to be built at 7700 Pillsbury Avenue South. Additional funds can be budgeted in future years for activities such as single-family acquisition/rehabilitation through the land trust or other affordable apartment developments. I n deciding whether or not to provide funding to affordable apartment developments, the HRA will consider the following priorities for the Trust Fund: Housing with three and four bedroom units; Housing with units affordable at 30% of the Area Median I ncome; Housing with accessible units; Housing with supportive services; Housing with resident rental subsidies; and/or The preservation and rehabilitation of naturally occurring affordable housing (NOA H); Projects that also improve energy-efficiency and/or use Trust Fund money to leverage other funding will be strongly considered. Trust Fund awards will only be made to projects that exceed the minimum requirements of the City’s I nclusionary Housing Policy or the statutory requirements for a Housing TI F District. RE C O M M E ND E D AC T I O N: By motion: 1. Adopt a resolution accepting the transfer of $750,000 from the Lyndale Gateway / Interchange West, Urban Village and City Bella Tax Increment Financing Districts to the Affordable Housing Trust Fund. 2. Adopt priorities for the use of Trust Fund resources when assisting affordable housing developments. B AS IS O F RE C O M M E ND AT I O N: A.H IS TOR IC AL C ON T E X T The City Council created the Trust Fund in May of 2020. The Trust Fund is a tool that allows the City to create, preserve, and rehabilitate affordable housing. Since the Trust Fund's creation, staff have been exploring various revenue sources. Special legislation was approved by the State Legislature in J une of 2021 that allows the HRA to transfer pooled tax increment collected for housing purposes into the Trust Fund for the development of affordable housing. I n May of 2022, the City Council and HRA authorized the collection of 10% of TI F to be pooled for affordable housing purposes. Those pooled funds may be transferred to the Trust Fund. I n September of 2022, Ehler's, the City's financial consultants, presented the TI F Management Plan to the HRA, which included several recommendations for using the HRA's available pooled TI F. One of those recommendations was to transfer funds to the Trust Fund under the authorization of the special legislation. A joint HRA and City Council work session was held on October 17, reviewing the TI F Plan and discussing the transfer of funds to the Trust Fund. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): The City's Trust Fund provides resources to construct, preserve, and rehabilitate affordable housing in the community. A copy of the priorities for use of the Trust Fund to fund affordable housing developments, in the form that will be shared with developers, is attached to the staff report. C.C R IT IC AL T IMIN G IS S U E S: The special legislation allows transfers of the HRA's pooled TI F through December 31, 2026. I f awarded federal tax credits, the $200,000 committed to Richfield Flats will be needed at the start of construction in 2023. D.F IN AN C IAL IMPAC T: $250,000 is available in each of the three TI F Districts for transfer to the Trust Fund. E.L E GAL C ON S ID E R AT ION: Individual funds will be established within the Trust Fund to track revenues and expenditures easily to meet the statutory reporting requirements relating to T IF. Special legislation allows pooled T IF transferred to the Trust Fund to be used to make grants, loans, and loan guarantees for the development, rehabilitation, or financing of housing. T he funds cannot be used for rental or down payment assistance. ALTE R N AT IV E R E C O MME N D ATIO N(S): Decide not to accept the transfer of funds from the HRA. P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: N/A AT TAC H ME N T S: D escription Type Resolution Resolution L etter Trust F und P riorities B ackup Material CITY OF RICHFIELD, MINNESOTA RESOLUTION NO. ______ ACCEPTING POOLED TAX INCREMENT FROM TAX INCREMENT FINANCING DISTRICTS WITHIN THE CITY OF RICHFIELD FOR THE AFFORDABLE HOUSING TRUST FUND WHEREAS, the Legislature of the State of Minnesota passed a special law authorizing the City of Richfield, Minnesota (the “City”) or the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota (the “Authority”) to transfer tax increment accumulated for housing development purposes under Minnesota Statutes, Section 469.1763, subdivision 2(b) or (d) to the housing trust fund established by the City, all as provided in Laws of Minnesota 2021, First Special Session, Chapter 14, Article 9, Section 5 (the “Special Law”), in particular subdivision 1(b) thereof; and WHEREAS, pursuant to the Special Law, the authority to make such transfers shall expire on December 31, 2026; and WHEREAS, on November 21, 2022, the Board of Commissioners of the Authority adopted a resolution approving the transfer of pooled tax increment from the following tax increment financing districts within the Richfield Redevelopment Project (collectively, the “TIF Districts”) to the City for purposes of funding the Affordable Housing Trust Fund: (a) from the Interchange West and Lyndale Gateway Tax Increment Financing District, the amount of $250,000; (b) from the Urban Village Tax Increment Financing District, the amount of $250,000; and (c) from the City Bella Tax Increment Financing District, the amount of $250,000; and WHEREAS, the pooled tax increment transferred to the Affordable Housing Trust Fund may be returned to the appropriate Authority tax increment fund if the funds are not spent on or before December 31, 2026; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: 1. The City hereby accepts the transfer of pooled tax increment from the TIF Districts as set forth herein. 2. The City shall deposit such transferred pooled tax increment into the Affordable Housing Trust Fund to be used for affordable housing purposes. 3. The tax increment transferred to the Affordable Housing Trust Fund must be accounted for separately and may be used only for the following purposes: making grants, loans, and loan guarantees for development, rehabilitation or financing of housing or providing matches for other federal, state, or private resources for housing projects. 4 This resolution is effective upon approval. Adopted by the City Council of the City of Richfield, Minnesota, this 13th day of December, 2022. Maria Regan Gonzalez, Mayor ATTEST: Kari Sinning, City Clerk RC125-1 (JAE) 839432v1 Adopted: 12/13/22 Richfield Affordable Housing Trust Fund Priorities and Procedures The City of Richfield established an Affordable Housing Trust Fund in 2020 to preserve and create affordable housing opportunities for households with the lowest incomes. Funds are available through the City’s Trust Fund on a rolling basis to assist developers in the construction and rehabilitation of affordable housing. Priorities Multi-family projects that address the following city priorities will be considered for funding:  Housing with three and four bedroom units  Housing with units affordable at 30% of the Area Median Income  Housing with accessible units  Housing with supportive services  Housing with resident rental subsidies  Preservation and rehabilitation of naturally occurring affordable housing (NOAH) Projects that also improve energy-efficiency and/or use Trust Fund money to leverage other funding will be strongly considered.  Trust Fund awards are made only to projects that exceed the minimum requirements of the City’s Inclusionary Housing Policy and the statutory requirements for a Housing Tax Increment Financing (TIF) District, if applicable. Forms of Assistance and Eligible Activities Funding may be provided in the form of grants, loans, and/or loan guarantees for the development, rehabilitation or financing of housing and/or to serve as a match for other funds from federal, state, or private resources.  Funds are not available for rental assistance. Process Projects seeking a Trust Fund award must submit an Application for Financial Assistance, or if also seeking TIF, complete the Trust Fund section on the TIF Application. A $500 application fee is required at the time of the application submittal. The Trust Fund is administered by the City’s Housing and Redevelopment Authority (HRA). HRA staff, along with the City’s financial consultants, will review the application for consistency with the City’s priorities, viability of the project, demonstrated need for funding, and reasonableness of the request. There is no minimum or maximum award amount; however, the amount may be Adopted: 12/13/22 limited by the amount of funds available. Projects will be required to cover the costs of the City’s financial and legal consultants, as well as up to $2,000 in staff costs. Affordability Term Projects receiving an award from the Trust Fund must agree to a minimum of 25 years of affordability. Compliance A Declaration of Restrictive Covenants will be filed against the property to ensure ongoing compliance. Applicants will be required to demonstrate that they have the capacity to conduct income compliance and collect and maintain appropriate documentation. A certificate of compliance must be submitted on an annual basis. Property managers who are unfamiliar with income compliance will be required to take appropriate training. Section 8 During the period of affordability, Trust Fund award recipients shall not adopt any policies specifically prohibiting or excluding the renting of units to tenants holding rental vouchers or similar forms of rental assistance. This policy is intended to set forth the general priorities and guidelines regarding the use of the Affordable Housing Trust Fund. The City Council and HRA may modify the terms at any time. Questions: Contact Julie Urban, Assistant Community Development Director, at 612-861-9777 or jurban@richfieldmn.gov. AGENDA SECTION:RESOLUTIONS AGENDA ITEM #9. STAFF RE P ORT NO. 185 CIT Y COUNCIL ME E T ING 12/13/2022 RE P O RT P RE PA RE D B Y: K umud Verma, F inance Manager 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: C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager 12/7/2022 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consider resolutions approving the 2022 Revised/2023 Proposed budget and tax levy and related resolutions. E X E C UT IV E S UM M ARY: On September 13, 2022, the City Council approved and certified a preliminary tax levy of $26,784,573 which included a levy for general fund operations of $21,236,477, a debt service levy of $4,100,600, an equipment and technology levy of $868,400, and an Economic Development Agency levy of $579,096. Accordingly, the 2023 preliminary gross levy represents a 6.60% increase from the 2022 gross levy. The final tax levy of $26,784,573 must now be considered and approved by the City Council. Taxpayers have received individual parcel specific tax notices in anticipation of the truth-in-taxation hearing. The City of Richfield has scheduled its 2022 truth-in-taxation hearing on December 13, 2022 at 6:00 p.m. At this meeting, there will be discussion around the proposed City budget and levy. I nformation will also be presented by staff regarding the proposed levy and budget. I ncluded for your consideration are salary increases for non-represented employee pay plans. The proposed increases are 3.00% increase for the Management and General Services, and the Specialized pay plans. The increases are effective the first full pay period of J anuary 2023. RE C O M M E ND E D AC T I O N: By Motion: Adopt the resolutions approving the 2022 Revised/2023 Proposed budget and tax levy and related resolutions. 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 N/A B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): A revised 2022 budget and final 2023 budget and tax levy must be adopted on or before December 28, 2022. Cities have ten working days after December 13 or no later than December 28 to prepare all the documentation necessary to certify a final levy to the County Auditor and State Department of Revenue. A proposed 2023 tax levy has been submitted to the City Council for consideration. Several related resolutions included within the total budget document need to be considered. These related resolutions are itemized in the attachment section of this staff report. C.C R IT IC AL T IMIN G IS S U E S: N/A D.F IN AN C IAL IMPAC T: The proposed gross tax levy for 2023 is $26,784,573, which includes levies for general fund operations, debt service, the Richfield E D A, equipment and technology and a tax abatement levy. The gross tax levy for 2023 reflects a 6.60% increase from the previous year ’s gross levy. The City’s tax capacity rate is anticipated to decrease from 53.68% in 2022 to 50.563% in 2023. A 3.00% wage increase for Management, General Services, and Specialized pay plan employees effective J anuary 2023. E.L E GAL C ON S ID E R AT ION: A truth-in-taxation public hearing for the 2023 proposed budget and tax levy is scheduled for December 13, 2022 at 6:00p.m. ALTE R N AT IV E R E C O MME N D ATIO N(S): The City Council could adopt a final 2023 budget and tax levy in any amount, which does not exceed the levy of $26,784,573. 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 2023 L evy Resolution Resolution L etter Resolution A uthorizing B udget Revisions Resolution L etter Resolution Revising 2022 B udget of Various D epts Resolution L etter 2023 C IB B udget Resolution L etter 2024-2027 C IP Resolution Resolution L etter 2023 On C all Rates Resolution Resolution L etter 2023 C ar A llowance Resolution Resolution L etter 2023 Utility Rates Resolution Resolution L etter 2023 S pecialized P ay P lan Resolution Resolution L etter 2023 General S ervices P ay P lan Resolution Resolution L etter 2023 Management P ay P lan Resolution Resolution L etter 2023 C ell P hone Reimbursement P olicy Resolution L etter Resolution No. 11910 1 RESOLUTION NO. RESOLUTION ADOPTING A BUDGET AND TAX LEVY FOR THE YEAR 2023 WHEREAS, the Minnesota Truth in Taxation law provides for a proposed tax levy to be certified to the County Auditor by September 30, 2022, and then recertified before December 28, 2022. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. The budget for the City of Richfield for the year 2023 is hereby approved and adopted with appropriations for each of the departments to be as follows: General Fund Legislative/Executive $ 1,148,816 Administrative Services 1,000,852 Finance 886,071 Public Safety 11,332,622 Fire Services 5,335,950 Community Development 1,781,890 Public Works 4,946,140 Recreation Services 2,251,430 Transfers Out 260,000 TOTAL GENERAL FUND $28,943,771 2. The estimated gross revenue of the City of Richfield from all sources, including general ad valorem tax levies as hereinafter set forth for the year 2023 which are more fully detailed in the City Manager’s official copy of the 2023 budget, are hereby found and determined to be as follows: TOTAL GENERAL FUND $28,943,771 3. There is hereby levied upon all taxable property in the City of Richfield a direct ad valorem tax in the year 2022, payable in 2023 for the following purposes and in the following amounts: PURPOSE AMOUNT General Fund1 $21,236,477 2 Equipment 868,400 Economic Development Authority 579,096 Debt Service 4,100,600 1 Provision has been made in the General Fund for the payment of the City’s contributory share to Public Employees’ Retirement Association. 2 General Fund Levy includes all fiscal disparities distribution amounts. Resolution No. 11910 2 ATTEST: Kari Sinning, City Clerk 4. The debt service tax levy is included as established in the bond documents for each of the bonds. 5. The budget for the Housing and Redevelopment Authority of Richfield for the year 2023 is hereby ratified and approved. There is hereby levied upon all taxable property in the City of Richfield a direct ad valorem tax in the year 2022, payable in 2023 for the following purposes: PURPOSE AMOUNT Housing and Redevelopment Authority $675,960 6. A certified copy of this resolution shall be transmitted to the County Auditor. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of December 2022. Maria Regan Gonzalez, Mayor Kari Sinning, City Clerk RESOLUTION NO. RESOLUTION AUTHORIZING BUDGET REVISIONS WHEREAS, the City Charter and Minnesota Statutes provide for a process for adopting an annual budget and tax levy; and WHEREAS, the City Charter provides certain authority for the City Manager and/or City Council to revise the annual budget; and WHEREAS, it would be beneficial to restate such authority with the adoption of the budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. The City Manager may increase the budget by City Council action provided that unbudgeted receipts will be available to equal or exceed the increased expenditures. 2. The City Manager may authorize transfers between divisions within a department providing the transfers do not increase or decrease the department or total budget. 3. The City Manager may transfer budgeted amounts between departments only with the approval of the City Council. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of December, 2022. Maria Regan Gonzalez, Mayor ATTEST: ATTEST: Kari Sinning, City Clerk RESOLUTION NO. RESOLUTION AUTHORIZING REVISION OF 2022 BUDGET OF VARIOUS DEPARTMENTS WHEREAS , Resolution No. 11910 appropriated funds for personal services, other expenses and capital outlays for each department of the City for the year of 202 2; and WHEREAS , The City Charter, Chapter 7, Section 7.09, gives the Council authority to transfer unencumbered appropriation balances from one department to another within the same fund at the request of the City Manager; and WHEREAS , The City Manager has requested a revision of the 202 2 budget appropriations in accordance with Charter provisions and as detailed in the Proposed 2023 budget document. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. That the 2022 appropriations for each department of the General Fund be amended to establish the following totals: 2. Estimated 2022 gross revenue of the City of Richfield from all sources, as the same are more fully detailed in the City Manager’s official copy of the proposed 2023 budget, are hereby revised as follows: DECREASE $88,321 3. That the City Manager bring into effect the provisions of this resolution. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of December 2022. Maria Regan Gonzalez, Mayor ATTEST: Kari Sinning, City Clerk RESOLUTION NO. XXXX RESOLUTION ADOPTING THE 2023 CAPITAL IMPROVEMENT BUDGET WHEREAS, a proposed Capital Improvement Budget for 2023 has been prepared and submitted for review by the City Council in accordance with charter requirements; and WHEREAS, the City Council has received the recommendations and benefit of review of these proposed documents by the Planning Commission and has itself reviewed these proposals. NOW, THEREFORE, BE IT RESOLVED that the 2023 Capital Improvement Budget in the sum total of $22,353,336 is hereby approved as amended and adopted with full recognition of the fact that the cost estimates are approximate and are subject to final cost estimates and that all awards of contracts for these projects are subject to necessary hearings and must be approved by the City Council in accordance with established laws and practices governing such action, and BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to initiate the procedures which will lead to more formal and detailed consideration of these projects in accordance with the aforementioned laws and practices. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of December, 2022. Maria Regan Gonzalez, Mayor RESOLUTION NO. xxxx RESOLUTION ADOPTING THE 2024-2027 CAPITAL IMPROVEMENT PROGRAM WHEREAS, a proposed Capital Improvement Program 2024-2027 has been prepared for review by the Planning Commission in accordance with charter requirements; and WHEREAS, the City Council has received the recommendations and benefit of review of these proposed documents by the Planning Commission and has itself reviewed these proposals. NOW, THEREFORE, BE IT RESOLVED that the 2024-2027 Capital Improvement Program is hereby approved and adopted subject to annual review and revision; BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to initiate the procedures which will lead to more formal and detailed consideration of these projects in accordance with the aforementioned laws and practices. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of December, 2022. Maria Regan Gonzalez, Mayor ATTEST: Kari Sinning, City Clerk RESOLUTION NO. RESOLUTION ESTABLISHING PUBLIC WORKS ON -CALL COMPENSATION RATES FOR 2023 WHEREAS , the City Council has determined to provide Public Works Superintendent/Managers/Supervisors compensation for being on -call for possible Public Works emergencies; and WHEREAS , the good judgment of a Public Works Superintendent/Managers/ Supervisors is needed to provide quality response to Public Works emergencies such as water main breaks, street light knock downs, and sewer main backups; and WHEREAS , the City Council found it necessary to establish a policy to provide such employees with on -call compensation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Richfield hereby adopts the following On -call Compensation Rates: Public Works Superintendents/Managers/Supervisors who remain on -call by carrying the emergency cell phone (or similar device) for a period of one week will be compensated at a rate of $120 a month in 2023. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of December, 2022. Maria Regan Gonzalez, Mayor ATTEST Kari Sinning, City Clerk RESOLUTION NO. RESOLUTION AUTHORIZING A CAR ALLOWANCE REIMBURSEMENT POLICY WHEREAS, the City Council has determined not to provide certain positions with a City vehicle for the performance of the employee’s official City duties; and WHEREAS, said employees are required to use their own personal vehicle in the performance of their official duties; and WHEREAS, such employees are responsible for the fuel, maintenance, insurance and all other expenses required for the upkeep of their personal vehicles; and WHEREAS, the City Council finds it necessary to establish a policy to provide such employees with a car allowance reimbursement; and WHEREAS, the car allowance is an estimated amount intended to reimburse such employees for the reasonable expenses that they will incur in the performance of their official duties; and WHEREAS, the car allowance reimbursement represents the City’s full obligation and responsibility regarding the provision of automobile transportation to such employees. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Richfield hereby adopts the following car allowance reimbursement schedule at the amount of $225 per month: Public Works Director Superintendents Adopted by the City Council of the City of Richfield, Minnesota this 13th day of December 2022. Maria Regan Gonzalez, Mayor ATTEST: Kari Sinning, City Clerk Resolution No. 1 RESOLUTION NO. 11916 RESOLUTION ESTABLISHING WASTEWATER SERVICE RATES AND CHARGES, WATER RATES AND CHARGES, SPECIAL WATER SERVICE CHARGES, STORM SEWER RATES AND CHARGES, STREET LIGHT RATES AND CHARGES, AND 6.5%PENALTY ON PAST DUE ACCOUNTS BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: SANITARY SEWER SERVICE RATES AND CHARGES FOR 2023 1. Pursuant to the provisions of Section 705.0 of the Ordinance Code of the City of Richfield, the rates and charges for use and service of the sanitary sewer system are hereby established to be those set forth in the following paragraphs of this resolution which rescinds Resolution No. 11916 2. Where the rate is not based upon the metered use of water, the following quarterly flat charges are established effective January 1, 2023 for each billing district as defined in paragraph 3 of this resolution. 2023 A) Residential per unit $123.46 B) Commercial - For the equivalent of 10 or less persons More than 10, less than 15 More than 15, less than 20 More than 20, less than 26 $123.46 $224.87 $314.99 $420.34 C) Institutional - For each public or private school, the quarterly flat charge shall be charged whether the school is in session or not (rates being charged upon average yearly use); shall be based upon the number of students enrolled at the beginning of the quarterly billing period or the preceding period if school is not then in session; and shall be as follows: For each 100 grade school students or fraction in excess thereof For each 100 junior high school students or high School students or fraction thereof $129.27 $189.93 D) In addition to the above flat rates there shall be a customer Charge on each invoice as determined in paragraph 4 of this resolution and a certification charge as determined in Section 705.0 of the City Ordinance Code. Resolution No. 2 3. Where the rate for sanitary sewer service is based upon the metered use of water on the premises, such rates shall be as follows: A) For all residential premises the rate shall be based on the actual use, or less of water for the preceding winter quarter, per thousand gallons with a minimum of 7,000 gallons, effective January 1, 2023, for each customer billing district and shall be as follows: For the purpose of this paragraph A), the winter quarter shall be the winter quarter as specified in Subdivision 3 of said section 705.0. 2023 $6.15 B) For all commercial, institutional, industrial, and other premises, the rate per thousand gallons of water effective January 1, 2023, shall be as follows: C) A customer charge shall be made for each invoice rendered effective January 1, 2023 as follows: If the invoice is for water service, as well as sanitary sewer service, the customer charge, when collected, shall be allocated proportionally between the City’s water fund, sewer fund, and its storm sewer fund based on the user fees billed for by each fund. D) Where the metered use of water on the premises for the preceding winter quarter was not normal, the rate may be adjusted as provided in Subdivision 3 of said Section 705.0 4. The foregoing rates and charges are in addition to, and not in lieu of, other rates and charges established by ordinance or resolution. 5. The Metropolitan Airports Commission (MAC) will be charged a sanitary sewer rate based on the Met Council Environmental Services (MCES) rate plus 15% for Inflow/Infiltration and $1,000.00 per quarter for adm inistration costs. $6.15 $10.00 Resolution No. 3 WATER RATES AND CHARGES FOR 2023 Pursuant to the provisions of Section 715.0 of the Ordinance Code of the City of Richfield, the rates and charges for City water and water service are hereby established to be those set forth in the following paragraphs of this resolution: The charges due and payable to the City by each water customer of the City, during any quarter shall be based upon the Conservation Rate Structure. Water-Tier 1: The first-tier rate is ($4.61 per thousand) charged for consumption of the first 15,000 gallons. Water-Tier 2: The second-tier rate is ($5.53 per thousand) charged for consumption of 15,001 gallons but less or equal to 25,000 gallons. Water-Tier 3: The third-tier rate is ($6.66 per thousand) charged for consumption in excess of 25,001 gallons. Irrigation Accounts: All consumption will be charged at the ($6.66 per thousand) water-tier 3 rate. The Conservation Rate Structure applies to multi-unit and residential premises. Commercial, institutional or industrial will only be subject to the Water-tier 1 rates for domestic use, irrigation accounts will be subject to the Water-tier 3 rate. Water charges shall be payable quarterly, and all bills issued after January 1, 2023 shall be at this rate. SPECIAL WATER SERVICE CHARGES FOR 2023 Pursuant to the provisions of Section 715.0 of the Ordinance Code of the City of Richfield, the rates and charges for special customer services are hereby established to be those set forth in the following paragraphs of this resolution: 1. The charge for establishing a new customer account shall be $15.00 per account. 2. The charge for installation of meters shall be $50.00 per installation. 3. The charge to flush and maintain fire hydrants located on privately owned property within the City shall be $50.00 per hydrant per year plus any required parts. 4. The charge to thaw and service water pipes on customer property shall be actual cost to the City plus thirty percent. 5. The charge for any other services not covered by the above shall be based on actual hourly cost to the City plus thirty percent. 6. The MN lab fee is $9.72. Resolution No. 4 STORM SEWER RATES AND CHARGES FOR 2023 Pursuant to the provisions of Section 720.0 of the Ordinance Code of the City of Richfield, the rates and charges for City storm sewer service are hereby established to be those set forth in the following paragraphs of this resolution: 1. The rates and charges for the use and availability of the system are determined through the use of a “Residential Equivalent Factor” (REF). One REF is defined as the ratio of the average volume of surface runoff coming from one acre of land and subjected to a particular use, to the average volume of runoff coming from one acre of land subjected to typical single-family residential use within the City during a standard one year rainfall event. The REF’s for the following land uses within the City and the billing classifications for such land uses are as follows: LAND USES REF CLASSIFICATION Cemeteries .25 1 Parks and railroads .75 2 Two-family residential 1.00 3 Single-family residential 1.00 4 Public and private schools and institutional uses 1.25 5 Multiple-family residential uses and churches 3.00 6 Commercial, industrial, and Warehouse uses 5.00 7 2. The basic system quarterly rate for storm sewer service is $114.45 per acre of land. $22.89 is the quarterly rate for a single-family residence, which is considered to have an acreage of one-fifth acre. The charge made against each parcel of land is then determined by multiplying the REF for the parcel’s land use classification times the parcel’s acreage times the basic system rate. STREET LIGHT RATES AND CHARGES FOR 2023 Pursuant to the provisions of Minnesota State Statutes, Section 429.101and Section 825 of the Ordinance Code of the City of Richfield, the rates and charges for city street light service are hereby established to be those set forth in the following paragraphs of this resolution: 1. The street light fee for residential single-family property is $5.77 per quarter. 2. Rates for other land uses will be determined by land use types based on the following table: Resolution No. 5 STREET LIGHT LAND USES: COM All commercial properties, to include multifamily residents (apartments) and industrial parcels. RES All residentially coded parcels. PUB Public buildings, i.e. City Hall, City Garage, and Fire Stations CHURCH All Churches also to include cemeteries and activity buildings associated with a Church SCH All schools, to include private and public schools. PRK All parks owned by the City of Richfield, also to include Nature Centers and all “properties” located within city park parcels DPLX Addresses that split a residential lot, to include townhomes, 3- plexes, and 4-plexes LAND USE CODE MULTIPLIER To Bill FACTOR COM (acres>0.2) if acres≤0.2 5* ---- (5 x ACREAGE) 1 RES ---- 1 PUB (acres>0.2) if acres ≤0.2 5 ---- (5 x ACREAGE) 1 CHURCH (acres>0.2) if acres ≤0.8 if acres ≤0.2 1.25** ---- ---- (1.25 x ACREAGE) 1 1 SCH (acres>0.2) if acres ≤0.8 if acres ≤0.2 1.25 ---- ---- (1.25 x ACREAGE) 1 1 PRK 1.25 (1.25 x ACREAGE) DPLX ---- 0.5 3. The multiplier of “5” is based on the definition that a residential lot is 1/5 of an acre; hence multiplying acreage by 5 produces the equivalent number of residential lots. 4. The multiplier of “1.25” is based on the definition that a residential lot is 1/5 of an acre and multiplying acreage by 5 produces the equivalent number of residential lots. However, the total area of each parcel is not proportional to the number of street lights in an equivalent residential area so the factor of 5 is reduced by 75%, producing 1.25. 6.5% PENALTY ON PAST DUE ACCOUNTS 1. Customers will have twenty -eight (28) days to pay their water, sanitary sewer, storm sewer, and street light quarterly bills from the date of the mailing by the City. Any unpaid amount will be added to the next quarterly bill along with a 6.5% penalty on the delinquent amount. Resolution No. 6 2. The penalty charge when billed on past due accounts shall be allocated proportionally between the City’s water fund, sewer fund, and storm sewer fund based on the user fees billed for each fund. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of December, 2022. Maria Regan Gonzalez, Mayor ATTEST: Kari Sinning, City Clerk RESOLUTION NO. RESOLUTION RELATING TO THE 202 3 SPECIALIZED PAY PLAN WHEREAS , the compensation personnel policy of the City of Richfield provides that the pay grades, the number of steps or range of each pay grade, the compensation rates in each pay grade and the method of normal progression through the pay grade be established by Council resolution; and WHEREAS , the City administration has prepared a 202 3 pay plan for the positions for which there are no essentially similar position classification in other regular pay plans. The City Manager is authorized to add or reclassify positions as necessary. Examples of positions in each pay grade are attached. NOW, THEREFORE, BE IT RESOLVED that the City Council do and hereby does establish for the year 2023 the following pay plan which is to be effective the first full pay period of January 202 3 and subject to the provisions of the personnel policy and City Code: EFFECTIVE THE FIRST FULL PAY PERIOD OF JAN 2023 SPECIALIZED PAY PLAN INTERMITTENT AND SEASON AL Pay Grade Step 1 Step 2 Step 3 Step 4 SP1-NE HR LEFT INTENTIONALLY BLANK SP2-NE HR LEFT INTENTIONALLY BLANK SP3-NE HR 11.63 12.28 12.84 SP4-NE HR 12.01 12.65 13.24 13.89 SP5-NE HR 12.92 13.64 14.26 15.01 SP6-NE HR 14.01 14.73 15.43 16.23 SP7-NE HR 15.11 15.88 16.66 17.48 SP8-NE HR 16.33 17.16 17.99 18.88 SP9-NE HR 17.63 18.54 19.43 20.40 SP10-NE HR 19.09 20.01 21.05 22.12 SP11-NE HR 20.53 21.62 22.68 23.79 SP12-NE HR 22.26 23.30 24.44 25.76 SP13-NE HR 23.82 25.10 26.38 27.77 Normal Progression Through the Specialized Pay Plan Individual employees will be eligible to received increases to the next higher -grade step based on individual performance and the following progression: Step 1 - Start Step 2 – Minimum 500 hours worked per year from anniversary start date or two years from anniversary date Step 3 – Minimum 500 hours worked per year from anniversary date or two years from last increase Step 4 – Minimum 500 hours worked per year from anniversary date or two years from last increase Passed by the City Council of the City of Richfield, Minnesota this 1 3th day of December 2022. Maria Regan Gonzalez, Mayor ATTEST: Kari Sinning, City Clerk 1 2 3 NE48 Concession I or Facility Cashier or Cashier/Concessions/Skate Guard NE48 Concession I Pool, Vets, Taft or Pool Attendant/Cashier&Concessions NE48 Warming House Attendant 4 NE Arena Event Attendant NE Dance Coordinator NE Skate Coordinator 5 NE Adaptive Leader/Specialist NE Inclusion Facilitator NE Intern NE48 Pool Lead Cashier/Concession NE48 Lifeguard NE48 Playground Leader 6 7 NE NE Ice Resurfacer Operator Liquor Sales Associate NE Naturalist I NE48 Head Lifeguard NE Adaptive Program Coordinator 8 NE NE Farmers Market Coordinator Maintenance Laborer/Worker NE Office Assistant-WLNC NE48 Playground Coordinator NE Summer Food Program Coordinator NE48 Tennis Coordinator 9 NE Audio Technician NE Code Enforcement Technician NE48 Pool Supervisor NE Video Production Assistant 10 11 NE City Services Receptionist 12 13 Instructors NE Building Inspector NE Figure Skating NE Hockey (Arena) NE Sports Official NE Substitute Naturalist NE Dance NE48 Cross Country Ski NE48 Hockey (outside) NE48 Tennis NE WSI OTHER Instructor’s Range: $5.75 - $50 Election Judge $10.00 Election Co-Chair $12.00 Election Chairperson $13.00 NE=Non -Exempt, may work up to 40 hours per week without overtime pay. NE48=Non -Exempt, may work up to 48 hours per week without overtime pay. All Pool positions may work up to 48 hours/week without overtime, even Concessions. All Playground and Outdoor Rink positions may work up to 48 hours/week without overtime. All Community Center, Wood Lake Nature Center, Ice Arena and Maintenance positions are non -exempt. RESOLUTION NO. RESOLUTION RELATING TO THE 202 3 GENERAL SERVICES SALARY COMPENSATION PLAN WHEREAS , the compensation personnel policy of the City of Richfield provides for the adoption of a pay plan for General Services employees from time -to -time, and WHEREAS , the City administration has prepared a 202 3 pay plan for position classifications for General Services employees. The City Ma nager is authorized to add or reclassify positions as necessary. Examples of positions in each pay grade are attached. NOW, THEREFORE, BE IT RESOLVED that the City Council do and hereby does establish for the year 2023 the following pay plan, which is to be effective the first full pay period of January 202 3, and subject to all applicable provisions of the personnel policy and City Code: Effective the first full pay period of January 202 3 STEP 2 3 4 5 6 RANGE GS1 YR 47,904.06 50,539.22 53,560.00 55,145.38 MO 3,992.01 4,211.60 4,463.33 4,595.45 BW 1,842.46 1,943.82 2,060.00 2,120.98 HR 23.03 24.30 25.75 26.51 GS2 YR 52,038.90 54,631.20 57,437.74 60,329.98 MO 4,336.57 4,552.60 4,786.48 5,027.50 BW 2,001.50 2,101.20 2,209.14 2,320.38 HR 25.02 26.27 27.61 29.00 GS3 YR 55,252.50 58,230.43 61,101.25 64,207.73 67,871.23 MO 4,604.37 4,852.54 5,091.77 5,350.64 5,655.94 BW 2,125.10 2,239.63 2,350.05 2,469.53 2,610.43 HR 26.56 28.00 29.38 30.87 32.63 GS4 YR 60,329.98 63,415.04 66,628.64 69,906.51 73,591.44 MO 5,027.50 5,284.59 5,552.39 5,825.54 6,132.62 BW 2,320.38 2,439.04 2,562.64 2,688.71 2,830.44 HR 29.00 30.49 32.03 33.61 35.38 GS5 YR 66,628.64 69,906.51 73,591.44 77,233.52 81,132.69 MO 5,552.39 5,825.54 6,132.62 6,436.13 6,761.06 BW 2,562.64 2,688.71 2,830.44 2,970.52 3,120.49 HR 32.03 33.61 35.38 37.13 39.01 GS5E YR 71,556.16 75,112.54 78,926.02 82,889.46 91,073.42 MO 5,963.01 6,259.38 6,577.17 6,907.45 7,589.45 BW 2,752.16 2,888.94 3,035.62 3,188.06 3,502.82 HR 34.40 36.11 37.95 39.85 43.79 GS6 YR 73,591.44 77,233.52 81,132.69 85,288.94 94,008.51 MO 6,132.62 6,436.13 6,761.06 7,107.41 7,834.04 BW 2,830.44 2,970.52 3,120.49 3,280.34 3,615.71 HR 35.38 37.13 39.01 41.00 45.20 GS6E YR 78,926.02 82,910.88 87,109.98 91,501.90 101,057.01 MO 6,577.17 6,909.24 7,259.17 7,625.16 8,421.42 BW 3,035.62 3,188.88 3,350.38 3,519.30 3,886.81 HR 37.95 39.86 41.88 43.99 48.59 a. Step 2 - Start b. Step 3 - One year from anniversary date. If an employee successfully passes probationary period. c. Step 4 - One year since last increase. If an employee is rated Below Expectations, the employee may not advance to Step 4 until performance is rated Meets Expectations or higher. d. Step 5 - One year since last increase. An employee must achieve a Meets Expectations rating or better in all areas of responsibility before advancing to Step 5. e. Step 6 - One year since last increase. An employee must achieve a Meets Expectations rating or better in all areas of responsibility before advancing to Step 6. Employees whose competency level and/or performance are rated Below Expectations may not advance to the next step until their performance improves. Passed by the City Council of the City of Richfield, Minnesota t his 13th day of December 2022. Maria Regan Gonzalez, Mayor ATTEST: Kari Sinning, City Clerk GENERAL SERVICES POSITION CLASSIFICATION STRUCTURE GRADE POSITION TITLES CLASS 1 Office Assistant Non-Exempt 2 Community Development Technician Non-Exempt Community Service Officer Non-Exempt Custodian Non-Exempt Liquor Operations Shift Leader Non-Exempt Licensing Clerk - Motor Vehicles/ Business Non-Exempt Senior Office Assistant Non-Exempt 3 Accounting Clerk Non-Exempt Environmental Health Specialist Non-Exempt Housing Inspections Clerk Non-Exempt Lead Licensing Clerk Non-Exempt Permit Technician Non-Exempt Utility Billing Clerk Non-Exempt Utility Maintenance Clerk Non-Exempt 4 Administrative A ssistant Non-Exempt Engineering Assistant Non-Exempt Forester Non-Exempt Planner I Non-Exempt Project Sustainability Specialist Non-Exempt Records Technician Non-Exempt Water Resources/GIS Specialist Non-Exempt 5 Code Compliance Officer Non-Exempt Housing Specialist Non-Exempt Information Technologies Technician/AV Help Desk Non-Exempt Information Technologies Technician/Help Desk Non-Exempt Recreation Specialist Non-Exempt Communications Specialist, Part -Time Non-Exempt Police Media and Data Specialist Non-Exempt Engineering Technician Non-Exempt Human Resources Specialist Non-Exempt Community Development Accountant Part -Time Non-Exempt 5E Administrative Analyst Exempt Management Analyst Exempt Crime Prevention Specialist Exempt Executive Analyst Exempt Naturalist Exempt Payroll Accountant Exempt Records Supervisor Exempt Recreation Supervisor Exempt Planner II Exempt Motor Vehicle Licensing Supervisor Exempt Equity Coordinator Exempt 6 Civil Engineer Non-Exempt Water Resources Engineer Non-Exempt GIS Coordinator Non-Exempt Information Technologies Technician Non-Exempt Mechanical/Plumbing Inspector Non-Exempt Trade/Building Inspector or Trade/Electrical Inspector Non-Exempt 6E Accountant Exempt Multifamily Housing Program Administrator Exempt City Clerk Exempt Senior Building /Trade Inspector Exempt RESOLUTION NO. RESOLUTION RELATING TO THE 2023 MANAGEMENT SALARY COMPENSATION PLAN WHEREAS, the compensation personnel policy of the City of Richfield provides for the adoption of a pay plan for Management employees from time-to-time; and WHEREAS, the City administration has prepared a 2023 pay plan for position classifications for Management employees. WHEREAS, the City Council recognizes that adjustments to the pay plan may be necessary at times to address inequities or other issues due to external and internal factors, BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to make adjustments to the pay plan to: add or reclassify positions as necessary; make equity adjustments to individual positions when warranted; and, resolve other issu es that may arise to aid in the fair and equitable implementation of the pay plan. NOW, THEREFORE, BE IT RESOLVED that the City Council do and hereby does establish for the year 2023 the following pay plan, which is to be effective the first full pay period of January 2023, and subject to all applicable provisions of the personnel policy and City Code: MANAGEMENT COMPENSATION PLAN PAY GRADE MINIMUM MID-RANGE MAXIMUM M-L YR 73,998.50 84,496.26 94,908.32 MO 6,166.54 7,041.35 7,909.03 BW 2,846.10 3,249.86 3,650.32 HR 35.58 40.62 45.63 M-1 YR 85,396.06 97,672.02 109,819.42 MO 7,116.34 8,139.33 9,151.62 BW 3,284.46 3,756.62 4,223.82 HR 41.06 46.96 52.80 M-2 YR 96,279.46 110,055.09 123,809.30 MO 8,023.29 9,171.26 10,317.44 BW 3,703.06 4,232.89 4,761.90 HR 46.29 52.91 59.52 M-3 YR 104,956.18 119,952.98 134,885.50 MO 8,746.35 9,996.08 11,240.46 BW 4,036.78 4,613.58 5,187.90 HR 50.46 57.67 64.85 M-4L YR 110,719.23 126,551.57 142,298.21 MO 9,226.60 10,545.96 11,858.18 BW 4,258.43 4,867.37 5,473.01 HR 53.23 60.84 68.41 M-4 YR 117,939.12 132,143.23 148,682.56 MO 9,828.26 11,011.94 12,390.21 BW 4,536.12 5,082.43 5,718.56 HR 56.70 63.53 71.48 M-5A YR 124,966.19 142,019.70 159,608.80 MO 10,413.85 11,834.97 13,300.73 BW 4,806.39 5,462.30 6,138.80 HR 60.08 68.28 76.74 M-5B YR 129,293.84 147,697.06 166,207.39 MO 10,774.49 12,308.09 13,850.62 BW 4,972.84 5,680.66 6,392.59 HR 62.16 71.01 79.91 Normal Progression Through Management Compensation Plan The Range Adjustment shall be applied to Management employees who have achieved at least a Meets Expectations performance evaluation during the preceding year. Employees who have received a Below Expectations performance evaluation are eligible for ½ of the following year’s range adjustment. The Range Adjustm ent is effective January 1, 202 3. Individual Merit adjustments will normally be made effective on an employee’s anniversary date and will vary in size, depending on the individual’s performance ratin g and current position in the salary range in line with the following criteria. PERFORMANCE POSITION IN SALARY RANGE RATING UNDER 95% MIDPOINT 95-105% OF MIDPOINT OVER 105% OF MIDPOINT Outstanding 3.5 to 5% 2.5 to 4% 1 to 2% Above Average 1.5 to 3.5% .5 to 2.5% .5 to 1% Satisfactory .5 to 1.5% No Merit Increase No Merit Increase Needs Improvement No Merit Increase. Requires mandatory 6 -month evaluation. Not Satisfactory No future increases until performance improves to at least Satisfactory. Performance and employee status subject to mandatory review every 3 months. Passed by the City Council of the City of Richfield, Minnesota this 13th day of December 2022. Maria Regan Gonzalez, Mayor ATTEST: Kari Sinning, City Clerk MANAGEMENT POSITION CLASSIFICATION STRUCTURE GRADE POSITION TITLES CLASS M-L Liquor Store Manager Exempt M-1 Assistant Finance Manager Exempt Assistant IT Manager/ Business Analyst Exempt Facility/Program Manager Exempt Operations Supervisor (Pks/Gar and Str/For) Exempt Project Engineer Exempt Recreation Program Manager Exempt Support Services Supervisor Exempt Utilities Supervisor Exempt M-2 Assistant Utilities Superintendent Exempt Chief Building Official Exempt Liquor Operations Manager Exempt Transportation Engineer Exempt Communications & Engagement Manager Exempt Utilities Supervisor/Engineer Exempt M-3 Assistant Fire Chief Exempt Human Resources Manager Exempt Information Technologies Manager Exempt Operations Superintendent Exempt Housing & Redevelopment Manager/Asst. CD Director Exempt Utilities Superintendent Exempt Government Buildings Superintendent Exempt City Engineer Exempt M-4 Deputy Public Safety Director Exempt Deputy Public Works Director Exempt Finance Manager Exempt M-5A Assistant City Manager Exempt Finance Director Exempt Fire Services Director/Fire Chief Exempt Recreation Services Director Exempt M-5B Community Development Director Exempt Public Safety Director/Police Chief Exempt Public Works Director Exempt RESOLUTION NO. RESOLUTION AUTHORIZING A CELL PHONE REIMBURSEMENT POLICY WHEREAS, the City of Richfield’s Mobile Device Policy establishes the C ity’s expectations regarding personal and city provided cell phones, collectively referred to as “Cell Phone(s),” including eligibility, responsibilities and reimbursement for use; and WHEREAS, the Policy defines the standards on appropriate business use of electronic communication devices operated onsite and offsite that are connecting to the City ’s network. This Policy includes, but is not limited, to cell phones, smart phones, iPads, and tablets.; and WHEREAS, all device connections to the City ’s network must be coordinated through IT and must be approved by Department Directors and may be withdrawn at any time. Authorization will be based on a specific set of needs; and WHEREAS, the City Council finds it necessary to establish a policy to provide such employees who use their personal phone for performance of their official duties; and WHEREAS, the Cell Phone reimbursement is an estimated amount intended to compensate such employees for the reasonable expenses that they will incur in the performance of these duties; and WHEREAS, c urrently, eligible employees are reimbursed every month at $25 for cell phone service and $45 for smart phones. The reimbursement is processed through Accounts Payable; and WHEREAS, current IRS guidance is that the reimbursement is taxable and should be processed through payroll; and WHEREAS, recognizing that increase in cost, beginning 2023, to ensure our employees are compensated for the use of their personal phone for work related matters, the City will raise the monthly reimbursement rate to $60 for all eligible employees who use their per sonal phone for work related matters; and WHEREAS, the Cell Phone reimbursement represents the City’s full obligation and responsibility regarding the provision of Mobile Device Policy to employees who use their personal phone for work related matters. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Richfield hereby adopts the following Cell Phone reimbursement schedule at the amount of $60 per month for all eligible employees. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of December 2022. ATTEST: Kari Sinning, City Clerk Maria Regan Gonzalez, Mayor AGENDA SECTION:OTHER BUSINESS AGENDA ITEM #10. STAFF RE P ORT NO. 186 CIT Y COUNCIL ME E T ING 12/13/2022 RE P O RT P RE PA RE D B Y: K elly Wynn, A dministrative A ssistant D E PA RTME NT D IRE C TO R RE V IE W: 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 12/6/2022 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consider the appointments to City advisory board and commissions. E X E C UT IV E S UM M ARY: Terms of several City advisory board and commission members are set to expire on J anuary 31, 2023. I n addition, due to resignations there are mid-term vacancies that should be filled. Terms for advisory board and commissions are for three years. Please refer to the attached list of appointments for reference. The City Council directs the City Manager ’s office to conduct an annual recruitment seeking applicants to fill the vacancies. This recruitment includes a press release and information on the City’s website and social media platforms. Applicants were interviewed at a special work session held on November 19, 2022. To ensure a quorum at future advisory board and commission meetings, the City Council should make appointments to fill vacant positions. RE C O M M E ND E D AC T I O N: By motion: Appoint members to fill the expiring or vacant terms on City advisory board and commissions referenced in the attached list. B AS IS O F RE C O M M E ND AT I O N: A.H IS TOR IC AL C ON T E X T This information is contained in the Executive Summary. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): City advisory board and commissions were established by City ordinance or resolution. C.C R IT IC AL T IMIN G IS S U E S: Several terms of City advisory board and commission members expired on J anuary 31, 2023. To ensure a quorum at future advisory board and commission meetings, the City Council should make appointments to fill vacant positions. D.F IN AN C IAL IMPAC T: None E.L E GAL C ON S ID E R AT ION: None ALTE R N AT IV E R E C O MME N D ATIO N(S): None P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: AT TAC H ME N T S: D escription Type C ommission/B oard appointments B ackup Material Commission/Board Commissioner Term Expires Advisory Board of Health Katrina DeVore January 31, 2026 Patricia (Pixie) Pixler January 31, 2026 Hawo Abdullahi Jama January 31, 2026 January 31, 2024 Mid-term vacancy January 31, 2024 Mid-term vacancy Arts Commission Janie Mork January 31, 2026 Stephanie Kopp January 31, 2026 Civil Service Commission Mary Stratton January 31, 2026 Community Services Commission Hayley Tompkins January 31, 2026 BJ Skoog January 31, 2026 Adam Kerekes January 31, 2026 David Vrieze Daniels January 31, 2025 Mid-term vacancy Human Rights Commission Karole Kelly-Anstedt January 31, 2026 Mara Glubka January 31, 2026 Dana Specht January 31, 2025 Mid-term vacancy Maria Anderson January 31, 2025 Mid-term vacancy Planning Commission Brett Stursa January 31, 2026 Cole Hooey January 31, 2026 Matt Taraldsen January 31, 2024 Mid-term vacancy Sustainability Commission Amanda Kueper January 31, 2026 Adam Burnside January 31, 2026 Matthew Dobratz January 31, 2026 Bryan Beltran January 31, 2025 Mid-term vacancy Transportation Commission Kyle Schmidt January 31, 2026 Rory Cook January 31, 2026 Michael Kohout January 31, 2026 Carl Woetzel January 31, 2024 Mid-term vacancy AGENDA SECTION:OTHER BUSINESS AGENDA ITEM #11. STAFF RE P ORT NO. 187 CIT Y COUNCIL ME E T ING 12/13/2022 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: C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager 12/6/2022 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consider the adoption of the City’s legislative priorities for 2023. E X E C UT IV E S UM M ARY: Annually, the City of Richfield legislative priorities have been compiled in collaboration with various City departments and stakeholders. The priorities are a list of policy positions and measures the city supports at the state and regional level and bonding requests for city projects. This list of priorities is a summary document to help steer the City’s legislative advocacy and outreach in the coming year. City staff has pulled together a proposed list of legislative priorities for the City Council to review. Based on prior discussions with the League of Minnesota Cities (LMC) and Richfield's contracted lobbyist, it is recommended the City’s legislative platform includes to 3-5 top priorities, that all items are within the scope of the City’s purview, and that the City Council adopt the legislative priorities formally. City staff is available to answer any questions City Council has on the 2023 legislative priorities. Proposed Top Legislative Priorities Support a bonding bill that includes item H.F. 664 / S.F. 1308 that appropriates $12,000,000 to deconstruct the existing nature center building at W ood Lake Nature Center and renovate the site, and to predesign, design, construct, furnish, and equip a new nature center building. The project also includes landscaping around the new center and renovation of the trails. This beloved and vital regional asset is 50 years old and is in need of a new building and improved trail system that meets the demands of its high-use, award-winning environmental education program and essential urban green space. Support legislation which would provide the City of Richfield the authorization to propose a local sales tax (L S T) to support regionally significant park projects. I f the LS T legislation is approved, the regionally significant park projects will be sent to voters for approval via referendum. Support local control of Emergency Medical Services (E MS). The current laws do not provide meaningful oversight of the ambulance service providers. There are no response time requirements or control of ambulance billing rates within the Primary Service Areas. We support local control to determine who is best able to provide E MS services in our community. Legislative Breakfast We will present the City’s adopted legislative platform to elected representatives at the annual legislative breakfast scheduled from 7:45 a.m. through 9:15 a.m. on J anuary 12th. The representatives will have time to ask staff follow up questions about the City’s platform and present their priorities for the 2023 legislative session. RE C O M M E ND E D AC T I O N: By Motion: Adopt the proposed legislative priorities for 2023. By adopting the legislative platform formally, the City Council shows these priorities are in the best interest of the community and provides increased visibility for the issues. B AS IS O F RE C O M M E ND AT I O N: A.H IS TOR IC AL C ON T E X T A Council work session was held on 11/9/22 where staff presented the City's proposed legislative priorities for 2023. City Council was able to review and discuss the 2023 legislative priorities before final adoption. Staff has made changes to the legislative priorities reflecting the discussion at the work session. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): C.C R IT IC AL T IMIN G IS S U E S: D.F IN AN C IAL IMPAC T: There may be public expenditures associated with the priorities if specific projects are selected to receive the requested funding from the State. I f that occurs, the actual funding structure will be presented at a future City Council meeting. E.L E GAL C ON S ID E R AT ION: ALTE R N AT IV E R E C O MME N D ATIO N(S): City Council may choose to not adopt the legislative priorities as a whole or adopt a modified list of priorities. P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: AT TAC H ME N T S: D escription Type Richfield's 2023 L egislative P riorities and P ositions B ackup Material CITY OF RICHFIELD 2023 LEGISLATIVE POSITIONS Richfield staff is available to provide detailed information on any of the items listed on this handout and to provide testimony. THE CITY OF RICHFIELD… Support legislation that addresses the widening existing economic, racial, health and education gaps , and the adverse impacts a warming climate will have on our most vulnerable communities. As a city, we are providing local tools and support for residents, but there is need for more relief and legislation beyond city -level jurisdiction. We continue to support collaborative efforts with its representatives on legislation that expands labor rig hts, housing affordability and protections, as well as access to affordable healthcare . Support local officials who know what tools and programs best support our residents. We support local decision-making authority and oppose statutory changes that erode local authority and decision making. Oppose the imposition of legislative mandates that increase local costs without a corresponding state appropriation or funding mechanism. Unfunded mandates may increase local property taxes and this additional cost impedes cities’ ability to fund traditional ser vices. Contact: Mary Supple, Mayor, 612-866-8829, Msupple@richfieldmn.gov Katie Rodriguez, City Manager, 612-861-9702, KRodriguez@richfieldmn.gov TOP LEGISLATIVE PRIORITIES - Support a bonding bill that includes item H.F. 664 / S.F. 1308 that appropriates $1 2,000,000 to deconstruct the existing nature center building at Wood Lake Nature Center and renovate the site, and to predesign, design, construct, furnish, and equip a new nature center building. The project also includes landscaping around the new center and renovation of the trails. This beloved and vital regional asset is 50 years old and is in need of a new building and improved trail system that meets the demands of its high -use, award-winning environmental education program and essential urban green space. Support legislation which would provide the City of Richfield the authorization to propose a local sales tax (LST) to support regionally significant park projects. If the LST legislation is approved, the regionally significant park projects will be sent to voters for approval via referendum. Support local control of Emergency Medical Services (EMS). The current laws do not provide meaningful oversight of the ambulance service providers. There are no response time requirements or control of ambulance billing rates within the Primary Service Areas. We support local control to determine who is best able to provide EMS services in our community. Contact: Katie Rodriguez, City Manager, 612 -861-9702, KRodriguez@richfieldmn.gov Chris Swanson, Management Analyst, 612-861-9712, CSwanson@richfieldmn.gov CITY OF RICHFIELD 2023 LEGISLATIVE POSITIONS Richfield staff is available to provide detailed information on any of the items listed on this handout and to provide testimony. EXECUTIVE • The city supports legislation which allows cities greater flexibility for remote participation for city council, board and commission members under the Open Meeting Law, while addressing the public’s needs to be fully informed of city decision-making. Specifically the Legislature should amend the Open Meeting Law to allow city council, board and commission members to participate in meetings without making their remote location open and accessible to the public, allow the medical exception to be u sed without a declaration of a state of emergency, and remove the cap for the medical and military exceptions. Contact: Katie Rodriguez, City Manager, 612 -861-9702, KRodriguez@richfieldmn.gov ADMINISTRATIVE SERVICES • Oppose the elimination of current Minnesota Law (Coleman Act) that allows an open wholesale system for alcoholic beverages (spirits). Elimination of the Coleman Act would result in exclusivity brand ownership and ultimately raise wholesale and retail consumer prices, compress the municipal liquor store’s profit margins, and lower service levels in all distribution channels. • Support full reimbursement to cities for the cost of providi ng continued health insurance coverage for police and firefighters disabled or killed in the line of duty. From 7/1/17 to today, the City paid $302,498 towards continued health insurance benefits, of which only $ 64,037 was reimbursed by the State. • Support reimbursement to cities for the cost of covering employees who are out on military leave. While employees are out, cities have to pay for 5 paid military leave days in a calendar year. Additionally, cities are obligated to pay for employee coverage for military leave through overtime expenses. The City of Richfield has seen a number of employees out on military leave for an extended period of time, which leads to increased cost with no reimbursement. • Support legislative action to address increasing workers’ compensation costs and the presumptive clause for coverage for Police Officers and Firefighters for Post -Traumatic Stress Disorder (PTSD). Due to the rise in employee PTSD cases and their associated cost, we request a revision of the language cur rently in the Senate Bill and Department of Labor regulations in order to review the presumption in worker’s compensation cases. • Support policies that provide opportunities for employees diagnosed with PTSD to receive treatment for PTSD that could result i n continued employment with the local government. We also support the League of Minnesota Cities duty disability working group recommendations relating to mental health wellness within local government. • Support splitting revenue from mail or online vehicl e transactions with deputy registrars and increase both filing fees and appropriations to the vehicle services operating account. This increased must be redistributed as processing revenue for deputy registrars. Contact: Sack Thongvanh, Assistant City Manager, 612-861-9708, SThongvanh@richfieldmn.gov CITY OF RICHFIELD 2023 LEGISLATIVE POSITIONS Richfield staff is available to provide detailed information on any of the items listed on this handout and to provide testimony. COMMUNITY DEVELOPMENT • Oppose legislation or rule change that limits local authority related to the decision-making functions performed by cities when setting city budgets to provide city services. The City supports authority for cities to charge fees that are reasonably related to the cost of providing the service, permit or license. We oppose legislation that would require specific methods to pay for city services or would place caps on city fees. • Support Housing Infrastructure Bonds for affordable housing. • Support legislation for the preservation and rehabilitation of naturally occurring affordable housing properties. • Support local autonomy in the development and approval of comprehensive plans and official controls. • Support an amendment the Minnesota State Building Code to a llow cities to require electric vehicle infrastructure in new construction. • Support amendment to the TIF statute to allow 10% of units at 30% of the Area Median Income in a Housing TIF District. Contact: Melissa Poehlman, Community Development Director, 612-861-9766, MPoehlman@richfieldmn.gov FINANCE • Support maintaining and increasing Local Government Aid. • Support current formula and distribution of Fiscal Disparities and oppose shifting to fund projects. • Support state action to identify and strengthen state and local cybersecurity capabilities. We support funding to evaluate local government cyber vulnerabilities, single points of failure, and fixes, and, the ability for municipal governments to apply for grant funding or assistance to solve these weaknesses. Contact: Kumud Verma, Finance Manager, 612-861-9723, KVerma@richfieldmn.gov FIRE • Support continued funding of the Hometown Hero’s Assistance Program. • Oppose efforts to limit the use of residential fire sprinklers. We support working collaboratively with the stakeholders to provide the safest and most cost effective homes. • Oppose efforts to legalize and expand fireworks within the state. Contact: Mike Dobesh, Fire Chief, 612-243-4502, MDobesh@richfieldmn.gov PUBLIC SAFETY • Support additional regulation of products containing hemp-derived THC or cannabinoid products. There is a need for more legislation to address regulatory, public safety, employment, taxation, and public health concerns arising from the new law enacted during the 2022 legislative session allowing the sale of certain edible products containing hemp-derived THC . As the legislature addresses future issues related to cannabinoids cities must be included in the discussion and regulatory framework of these products. CITY OF RICHFIELD 2023 LEGISLATIVE POSITIONS Richfield staff is available to provide detailed information on any of the items listed on this handout and to provide testimony. • Support Police Officer Safety, Health, and Wellness (Protecting the Protectors) legislation. This legislation is similar to the Hometown Heroes Act that was recently passed to protect the fire personnel. This legislation would provide law enforcement agencies with training for emotional resiliency and understanding of trauma. Additionally, it would create peer support groups, provide mental health checks/therapy, suicide prevention/awareness and family support. • Support legislation that provides a way for all persons to obtain a Driver License (regardless of citizenship status.) Individuals will learn the rules of the road and become qualified to safely operate a motor vehicle. Auto insurance is required to be a licensed driver. • Support the Arbitration Revision Act, creating a more objective arbitration process by having the Office of Administrative Hearings handle all the police officer termination grievances. • Support the Officer Integrity Act, allowing for a Minnesota Licensed Peace Officer to be terminated from public employment without opportunity to challenge the remedy of termination should the basis for termination be willful or intentional dishonesty, deception, or similar unethical or illegal conduct th at is deemed sufficient to imperil their credibility in court testimony. We oppose limiting an officer’s due process right to arbitration. • Support legislation focused on retention and recruitment of law enforcement officers. Contact: Jay Henthorne, Public Safety Director, 612-861-9828, JHenthorne@richfieldmn.gov PUBLIC WORKS • Introduce/Support a maximum local contribution to County and State projects and limit long -term ownership and major maintenance responsibility placed on local agencies. Cost participation requirements related to trunk highways and county state aid projects place too high of a burden on local agencies, promoting inequality and dispari ties in cities like Richfield. • Support a state-wide, comprehensive, and stable water, wastewater and stormwater infrastructure funding source to address Minnesota’s aging infrastructure to ensure Minnesota communities remain a great place to live and competitive place to do business. • Introduce/Support legislation that would create or increase grant programs for local agencies statewide to combat Emerald Ash Borer on public and private property. • Oppose any legislation that would eliminate or reduce the ability to use State Aid funds for local projects, including lane reductions. • Oppose any legislation or rule change that limits local authority related to use of public rights -of -way (small cell, for example). • Support state laws that provide limited liability to commercial salt applicators that are certified through an established voluntary salt applicator certification program. Contact: Kristin Asher, Public Works Director, 612-861-9795, KAsher@richfieldmn.gov RECREATION AND SUSTAINABILITY • Support efforts for the proper labeling of compostable products and not allow products with misleading claims to be sold or distributed in the State (H.F.1165 / S.F. 2243). CITY OF RICHFIELD 2023 LEGISLATIVE POSITIONS Richfield staff is available to provide detailed information on any of the items listed on this handout and to provide testimony. • Support Hennepin County funding that would expand infrastructure at the local level for th e creation of compost processing sites and/or anaerobic digesters. • Support legislation that would designate all solid waste taxes generated to the state’s SCORE fund to support sustainability efforts. Contact: Amy Markle, Recreation Services Director, 612-861-9354, AMarkle@richfieldmn.gov AGENDA SECTION:OTHER BUSINESS AGENDA ITEM #12. STAFF RE P ORT NO. 189 CIT Y COUNCIL ME E T ING 12/13/2022 RE P O RT P RE PA RE D B Y: K atie Rodriguez, C ity Manager 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: C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager 12/7/2022 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consider approval of a new agreement with the Richfield Tourism and Promotion Board (R T P B). E X E C UT IV E S UM M ARY: At the September 14, 2021 work session the City Council directed staff to update the agreement with the Richfield Tourism and Promotion Board (RTP B) to provide marketing and promotional services. The updated agreement includes the following governance structure and goals identified at the work session. The governing board would consist of the following: 3 members to represent Richfield hotels. 1 member appointed by the Richfield Chamber of Commerce. 1 resident member recruited and appointed by the City Council. 1 member to represent Richfield restaurants recruited and appointed by the City Council. Ex-officio member-Richfield City Manager or their designee. A 3 year review requirement to ensure that the agreement is regularly reviewed and updated. A specific scope of services, including goals and progress indicators. Require annual presentation to the City Council summarizing services, results and financial reporting. Updated and clarified fiscal and insurance requirements. RE C O M M E ND E D AC T I O N: By motion: Approve the updated agreement with the Richfield Tourism and Promotion Board. 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 On J une 25, 1990, the City approved an ordinance to levy a 3% tax on gross receipts of lodging from Richfield Hotels and Motels pursuant to Minnesota Statutes. The City then executed an agreement with the Richfield Tourism and Promotion Board (RTP B) to provide marketing and promotional services (the Agreement) on J uly 5, 1990. The current RTP B consists of a representative of each Richfield hotel (3), a representative of the Richfield Chamber of Commerce and a newly added resident representative. The RTP B used to be housed within the Richfield Chamber of Commerce but separated from the Chamber several years ago to maintain a focus on tourism. The RTP B contracted with Katy Epler to serve as Executive Director several years ago and she has been leading some new initiatives to better promote Richfield and expand our tourism. One example is partnering with the University of Minnesota's Office of Tourism for a year long Tourism Assessment. Richfield has also increased its profile in the last few years which is an additional opportunity for RTP B to lead a robust and effective promotion and tourism program. Updating and strengthening our agreement with RTP B will build on these positive developments. I n September 2019 staff presented research on several other convention and tourism boards (C V Bs) on their governance structure, agreement with their city and best practices. Based on the research, staff recommended updating the agreement and addressing some inconsistencies with RTP B's current governance and practices compared with the surveyed C V Bs: The surveyed C V Bs have 2 city representatives (Edina has one representative from the city and one from the school district). RTP B has no city representation on the governing board, but staff do regularly attend meetings. The surveyed C V Bs provide for more citizen representatives and more representatives from the general business community. The current RTP B only has one each. The surveyed C V Bs do not directly reimburse hotels for expenses with minor exceptions. Some of the surveyed C V B agreements have a regular review or expiration dates, more specific scope of services and reporting requirements. City staff, RTP B President Gordon Vizecky and Executive Director Katy Epler met several times to find consensus on the basic elements of a future agreement. Staff and RTP B presented several recommendations to update the agreement at the September 14, 2021 work session including the following governance structure that addresses previous concerns. The governing board would consist of the following: 3 members to represent Richfield hotels. 1 member appointed by the Richfield Chamber of Commerce. 1 resident member recruited and appointed by the City Council. 1 member to represent Richfield restaurants recruited and appointed by the City Council. Ex-officio member-Richfield City Manager or their designee. I t has been inefficient to have the City approve all members since the hotel representatives can change outside of the city's commission recruitment and appointment process. I n addition, most other C V B's do not require all members to be approved by the city council. The resident and restaurant representatives will be recruited and appointed as part of the annual City process but will need to be initially recruited early in 2023 if the new agreement is approved. RTP B sought guidance from the Minnesota Association of Convention and Visitors Bureaus (MA C V B) on best practices on governance and spending to grow tourism in the City. MA C V B confirmed that most tourism boards do not have most of their members approved by the city council. They also provided the following guidance on spending: If the tourism organization chooses to offer grants to their partners to help cover marketing/promotion expenses that benefit the destination as a whole, a well-defined, competitive process should be established by the board of directors. Grantees should be able to demonstrate the value and key performance indicators that will benefit the community as a whole. The dollars provided via grants should be designated as a line item in the budget and the process well-documented in the organizational policies. President Vizecky and Executive Director Epler have included implementing a grant program in their future work plans. B.POLICIES (resolutions, ordinances, regulations, statutes, etc): The City of Richfield has levied a 3% tax on the gross receipts of lodging from hotels and motels in the City pursuant to Minnesota Statute Section 469.190 which authorizes the proceeds of the tax to fund a Tourism Promotion Board for the purpose of marketing and promoting the City as a tourist or convention center. The City has an Agreement with the Richfield Tourism and Promotion Board, Inc., dated July 5, 1990, to provide marketing and promotional services permissible under Minnesota Statute Section 469.190. C.CRITICAL TIMING ISSUES: Council directed staff to work with RTPB to update the agreement in 2022. D.FINANCIAL IMPACT: The City's hotel/motel lodging tax totaled $211,000 in 2019. The pandemic significantly impacted the tourism industry and lodging tax revenues fell to $75,000 in 2020. Revenues have continued to improve but are not yet at pre-pandemic levels: $87,777 in 2021 and $108,716 YTD in 2022. E.LEGAL CONSIDERATION: Staff worked with the City Attorney to update the Agreement with RTPB. ALTERNATIVE RECOMMENDATION(S): The Council can choose not to update the Agreement with RTPB and continue with the current governance structure. Or, the Council can choose to terminate the Agreement with RTPB and seek a new local tourism board to provide services. PRINCIPAL PARTIES EXPECTED AT MEETING: ATTACHMENTS: Description Type RTPB Agreement Cover Memo 1 627648v1RC145-89 AGREEMENT THIS AGREEMENT (“Agreement”) is made and entered into this ____ day of ______________, 2022 by and between the CITY OF RICHFIELD, Minnesota, a Municipal Corporation, 6700 Portland Avenue, Richfield, Minnesota 55123 (“City”), and the RICHFIELD TOURISM PROMOTION BOARD, INC., a Minnesota nonprofit corporation, ___________________________, __________, Minnesota 55___ (“RTPB”). RECITALS WHEREAS, the hospitality industry forms an important component of the City’s business and tax base; WHEREAS, a healthy and vital hospitality industry is important to the overall well-being of the City and its residents and businesses; WHEREAS, the City deems it in the public interest to support the hospitality industry by promoting the City as tourist, meeting and visitors’ destination; WHEREAS, RTPB is organized for the purpose of performing such promotion; WHEREAS in accordance with Minnesota Statutes section 469.190, as it may be amended from time to time, the City has imposed by City Code Section 1400 a local lodging tax to fund a tourism and convention bureau; WHEREAS, RTPB has the professional resources and experience to carry out their objectives; and WHEREAS, the City and RTPB are currently parties to an agreement dated July 5, 1990 (“the 1990 agreement”) and wish to terminate that agreement and enter into this new Agreement for services. NOW THEREFORE, BASED ON THE FOREGOING, THE PARTIES AGREE AS FOLLOWS: 1. TERM OF AGREEMENT; TERMINATION. 1.1 The parties mutually agree to terminate the 1990 agreement. 1.2 The term of this Agreement begins January 1, 2023and will continue until cessation by mutual agreement or until termination by one of the parties in accordance with this Agreement. 1.3 The parties may terminate this Agreement only as follows: a) At the end of any calendar year provided the terminating party provides at least four months’ written notice to the other party. 2 627648v1RC145-89 b) If the local lodging tax is eliminated, then the City may terminate this Agreement immediately by delivering written notice of termination to RTPB. For purposes under this Section, termination shall be effective upon delivery of the notice. 1.4 Upon termination, all funds allocated to or held by RTPB, which remain in accounts for the purpose of RTPB operations must be remitted to the City, less such amounts as are necessary to cover obligations and expenses incurred by RTPB prior to receiving notice of termination to carry out obligations of this Agreement in accordance with the budget approved by the City. 1.5 Beginning in 2026 and at least every third year thereafter, the City and RTPB will conduct a joint and complete review of this Agreement. 2. SCOPE OF SERVICES 2.1 RTPB will provide marketing support for events which promote the city as a destination for visitors and will provide marketing services to attain the following goals: a) Goal 1 is increased hospitality spending within the city, including lodging, restaurants and events, recognizing that RTPB has limited tools to overcome regional or state economic trends. Progress toward this goal will be indicated by the amount of lodging tax received by the City, restaurant sales, and event attendance. b) Goal 2 is increased visibility for Richfield’s hospitality businesses, attractions, events and venues via the Visit Richfield website and social-media channels. Progress toward this goal will be indicated by measurements of website traffic, and impressions, engagements, and leads resulting from social-media activity. c) Goal 3 is to support the City’s lodging businesses, restaurants, attractions, events and venues. Progress toward this goal will be indicated by City, community and industry participation in cooperative promotions and projects. 2.2 During the first year of this Agreement RTPB and the City Manager or their designee will develop specific measurement indicators to assess progress toward these goals and to determine methods for collecting and reporting performance data. Such data will include measures of website activities and media relations. Thereafter the measurements will be integrated into the RTPB’s annual work plan and reported in annual reports provided to the City by the RTPB. 3. ORGANIZATIONAL GOALS MARKETING PLAN AND BUDGET. 3.1 RTPB will prepare an annual work plan and budget. 3 627648v1RC145-89 3.2 Annually, RTPB will submit a report on its progress toward goals for the previous year to the City Council. 3.3 In performing the obligations under this Agreement, employees of RTPB or any other persons engaged in the performance of any service required by RTPB will act as independent entities and not as agents, representatives or employees of the City. No employee of the RTPB is eligible for any benefits, rights or privileges accorded to City employees. 3.4 RTPB will provide such other information and reports as reasonably requested by the City. 4. COLLECTION AND DISTRIBUTION OF THE LODGING TAX. 4.1 The City, in its sole discretion, will determine the rate of tax imposed upon lodging. 4.2 The City bears sole responsibility for collection of the lodging tax. 4.3 The City will distribute to RTPB 95% of the lodging tax collected and retain 5% for administration costs. Distribution will be accomplished on a timely basis, ordinarily monthly, after actual receipt of payments. At the time of each monthly distribution, and to the extent allowed by law, the City will notify RTPB of all delinquencies in lodging tax collections. 5. FISCAL 5.1 The RTPB will maintain its accounting records in accordance with generally accepted accounting principles, practices, and procedures. Invoices, contracts, vouchers, and other documentation evidencing the nature and propriety of the charges and costs paid must support all expenditures. 5.2 RTPB must maintain all financial records, including supporting documentation, for a period not less than seven (7) years. 5.3 RTPB will, at any time during normal business hours and as often as the City Manager or their designee may deem necessary, make its records with respect to all things covered by this Agreement available to the City representatives and shall permit representatives to examine, copy or audit its records, or make excerpts or transcripts from such records. 5.4 RTPB will provide to the City a copy of the R TP B ’s monthly financial statement. 5.5 Annually, RTPB will submit to the City an audited or reviewed financial report for the fiscal year just ended, prepared by an independent certified public accountant. 4 627648v1RC145-89 5.6 No employee or contract position of RTPB will be paid a bonus, wages or commissions based on an incentive plan in connection with the services rendered under this Agreement. Except as provided in a Board approved policy, the RTPB will not distribute gifts in exchange for services rendered under this Agreement. The RTPB will require all employees Directors and contracted positions to sign an annual conflict of interest disclosure. 6. INDEPENDENT CONTRACTOR, HOLD HARMLESS AND INDEMNIFICATION, INSURANCE/BOND 6.1 RTPB will, for all purposes including for purposes of this Agreement, be deemed to be an independent contractor, and not an employee of the City. All employees or contract positions of RTPB, and all other persons, while engaged in the performance of any service for or on behalf of RTPB, will be employees or agents of RTPB and will not be considered employees of the City. As such, employees and agents of RTPB will not be entitled to any benefits or privileges from the City. All claims that may or might arise under th e Workers’ Compensation Act of the State of Minnesota on behalf of said employees or other persons while so engaged, and all claims made by a third party as a consequence of any act or omission on the part of RTPB, its agents, or employees or other persons while so engaged in any of the services provided will not be the obligation or responsibility of the City. 6.2 Each party agrees to indemnify, save and hold harmless, and defend the other party and all of its officers, agents and employees from any and all third-party claims, demands, or causes of action, of whatever nature or character arising out the indemnifying party’s acts or omissions in the execution or performance of the services provided for in this Agreement. 6.3 RTPB will carry comprehensive general liability (CGL) covering RTPB for bodily injury and property damage claims in an amount of not less than $1,000,000 per occurrence. To meet the CGL requirement, RTPB may use a combination of excess and umbrella coverage. Before commencing services under this Agreement, RTPB must provide the City with a current certificate of insurance which must list the City as an additional insured on the CGL policy and contain a statement that the policy will not be canceled or amended unless thirty (30) days written notice is provided to the City. 6.4 In addition to the insurance requirements set forth above, RTPB will obtain a fidelity bond in the minimum amount of $100,000 covering the person or persons on a position or name-scheduled basis that handles any money pursuant to this Agreement. The amount of such bond shall be reviewed annually and modified to be consistent with the lodging tax dollars paid to RTPB pursuant to this Agreement. 5 627648v1RC145-89 7. STRUCTURE OF ORGANIZATION 7.1 RTPB will maintain its non-profit tax status in compliance with state and federal law. 7.2 RTPB will operate under the organization and procedures specified in its Articles of Incorporation and Bylaws as may be amended from time to time and filed with the Minnesota Secretary of State. RTPB will solicit the City’s input before amending its Articles of Incorporation and Bylaws. 7.3 No employee or contract position of RTPB may serve on the Board of Directors of RTPB. 7.4 No member of the City Council or any employee of the City may have any interest in any contract made by RTPB in performing its services. 7.5 The Board will consist of the following members: 3 Hotel Representatives-recruited and appointed by the Board; and 1 Chamber Representative-recruited and appointed by the Richfield Chamber of Commerce; and 1 Resident Representative-recruited and appointed by the City; and 1 Restaurant Representative-recruited and appointed by the City (must have restaurant experience, preference for a Richfield restaurant owner or manager and does not need to be a Richfield resident); and City Manager or their designee shall be a voting ex-officio member. 7.6 All RTPB members (except ex-officio members) will serve staggered 3 year terms. 8. DISCRIMINATION. In providing services hereunder, RTPB must comply with the provisions of Minnesota Statutes Section 181.59, as the same may be amended from time to time. RTPB will not discriminate against any person or firm in any activities pursuant to Minnesota Statutes Section 181.59, which is incorporated into this Agreement as though set forth in its entirety. 9. ASSIGNMENT. RTPB may not assign this Agreement without the prior written approval of the City. 10. NOTICE. All notices, requests, demands and other communications hereunder must be in writing and will be deemed given if personally delivered or mailed, certified mailed, return receipt requested, to the other party, or to any successors or assigns of the City or RTPB, at the addresses identified above, or any future assigns or addresses of the City or RTPB, if the City or RTPB gives the other party notice of such change of address as provided pursuant to the provisions for notice herein. 6 627648v1RC145-89 11. RECITALS. The recitals set forth above the terms and definitions therein are hereby made a part hereof as though they were set forth in the body hereof. 12. MODIFICATION. This Agreement may be changed only by written agreement between both parties. 13. GOVERNING LAW. The laws of the State of Minnesota govern this Agreement. 14. ENTIRE AGREEMENT. This Agreement is fully integrated and embodies the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. CITY OF RICHFIELD By Maria Regan Gonzalez Its: Mayor And Katie Rodriguez Its: City Manager RICHFIELD TOURISM AND PROMOTION BOARD, INC. By and