2026-04-28 City Council Agenda
Richfield City Council Agenda
April 28, 2026 -- 7:00 PM
Richfield Municipal Center
Council Chambers
6700 Portland Avenue South
1. Call to Order
2. Pledge of Allegiance
3. Presentations
a. STEM School Choir
4. Approval of the Agenda
5. Approval of Minutes
a. Meeting Minutes from (1) City Council Work Session from April 14, 2026, and (2) City
Council Regular Meeting from April 14, 2026.
6. Open Forum
Participants can share their comments in person, by voicemail, or email, and may also request to
participate virtually. For more information on submitting comments, refer to the Council Agenda and
Minutes page on richfieldmn.gov/citycouncil
7. Proclamations and Presentations
a. Proclamation celebrating Asian and Pacific American Heritage Month
8. Consent Calendar
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. Approve Disbursements/Claims
b. Approval of the bid tabulation and authorize the Mayor and City Manager to execute a
contract with Concrete Idea, Inc., for the Safe Routes to School Sheridan Hills
Elementary sidewalk project in the amount of $429,153.25 and authorize the City
Manager to approve contract changes up to $175,000 without further City Council
consideration.
c. Adoption of a resolution for reimbursement of certain expenditures from the proceeds
of street reconstruction bonds and utility bonds to be issued by the City for the Penn
Avenue (CSAH 32) Reconstruction Project.
d. Adoption of a resolution authorizing execution of Minnesota Department of
Transportation (MnDOT) Agreement No. 1062789 for the disbursement of state general
obligation bond funds for the Sheridan Hills Safe Routes to School project.
e. Consider approval of an Encroachment Agreement between the City of Richfield and
Herspace, LLC, allowing the property owner at 6440 Nicollet Avenue to maintain an
existing private parking lot and commercial sign within public right-of-way.
9. Consideration of Items, if Any Removed From Consent Calendar
10. Public Hearings
11. Proposed Ordinances
12. Resolutions
13. Other Business
14. City Manager’s Report
15. Council Discussion
a. Hats off to Hometown Hits
b. Council Liaison Reports
16. Adjournment
Page 1 of 74
Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the City Clerk at 612-861-9739.
Includes Materials - Materials relating to these agenda items can be found in the Council Chambers Agenda Packet book located by
the entrance. The complete Council Agenda Packet is available electronically on the City of Richfield website.
Page 2 of 74
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
City Council Work Session
April 14, 2026
ITEM #1
CALL TO ORDER
Mayor Supple called the work session to order on April 14, 2026, at 5:05 p.m., in the Bartholomew
Room.
Council Present:
Absent:
Mary Supple, Mayor; Walter Burk, Sean Hayford Oleary, Sharon
Christensen, Rori A. Coleman-Woods.
None.
Staff Present:
Guests:
Katie Rodriguez, City Manager; Sack Thongvanh, Assistant City Manager;
Kristin Asher, Public Works Director; Chris Link, Assistant Public Works
Director; Karl Huemiller, Recreation Director; Melissa Poehlman, Community
Development Director; Julie Urban, Assistant Community Development
Director; Jennifer Anderson, Support Services Manager; and Michelle
Friedrich, City Clerk.
Katrina Joseph, City Prosecuting Attorney; Greg Holly, City Prosecuting
Attorney.
ITEM #2
ITEM DISCUSSION
a. City Council Policy Proposals.
City Manager Rodriguez reviewed the policy topic order and gave a brief overview of the work
session discussion items. She noted Council Members ranked policy proposals in order of
importance with the highest-ranked item 1. Kratom Policy; followed by 2. the Sidewalk Policy; 3.
Section 8 Discrimination Prohibition Policy; and 4. Gun Safety Policy.
Kratom Policy Discussion
Mayor Supple introduced the Kratom Policy topic, citing concerns about limited regulation and its
growing discussion at local and state levels. Support Services Manager Anderson reported
increased attention to the issue, noted differing views on regulation of natural and synthetic forms,
and confirmed local availability. Staff added the Advisory Board of Health will conduct further review
with policy consideration anticipated in early 2027. Council supported continued research, including
health impacts, youth access, and other unregulated substances, with staff assessing availability
including online access, with general Council agreement on the proposed timeline and process for
future policy consideration.
Page 3 of 74
City Council Work Session Minutes -2- April 14, 2026
Gun Safety Policy Discussion
Mayor Supple introduced the gun safety policy topic, noting that state-level action is unlikely in the
near term. She emphasized the importance of discussing potential local options despite legal
limitations, citing recent community impacts, including the Annunciation Catholic Church shooting.
Mayor Supple added the topic was brought forward to explore possible approaches, even if
immediate policy changes may be constrained.
City Prosecuting Attorney Joseph provided legal context on firearm regulation, noting that state
preemption currently prevents municipalities from enacting or enforcing stricter gun laws than state
law. They explained that even if preemption were lifted, local regulations would likely face significant
legal challenges, including constitutional issues and potential litigation. Courts, particularly at the
federal level, have recently taken a narrow view of firearm restrictions, making enforcement and
defense of local ordinances difficult. Staff emphasized these constraints while acknowledging the
council’s role in setting policy.
Council and City Prosecuting Attorney Joseph discussed future prospects for firearm-related
legislation, noting that issues such as ghost guns and other regulations may reemerge depending on
legislative changes. City Prosecuting Attorney Joseph reiterated that local ordinances would remain
unenforceable under current state preemption and could face legal challenges even if allowed.
Council noted examples from other cities, such as adopting contingent ordinances, were discussed.
Council also considered more targeted approaches—such as restrictions in public buildings—as
potentially more defensible, while acknowledging ongoing legal, political, and enforcement
uncertainties. City Manager Rodriguez noted Council would be provided more information on the
topic at a future work session.
Sidewalk Policy Discussion
Council Member Hayford Oleary introduced a discussion on developing a long-term sidewalk and
street design policy, emphasizing a “100-year vision” that incorporates sidewalks during
reconstruction, traffic calming measures, and safer street design. Discussion included challenges
related to tree placement, infrastructure constraints, and costs associated with grants, retrofitting,
and maintenance.
Council and staff discussed balancing future sidewalk expansion planning with consideration of
roadway width, tree canopy planning, and safety needs—particularly in residential areas and school
zones. There was general support for a long-term, network-based pedestrian plan and prioritization
of sidewalk connections. Staff and council also noted financial considerations, including
infrastructure costs and future maintenance, emphasizing that the policy should establish minimum
goals and direction first, and balancing funding strategies to follow accordingly through future
planning processes and budgets.
Section 8 Discrimination Policy Discussion
Council Member Burk introduced the Section 8 Discrimination Prohibition Policy topic related to
affordable housing. He noted the proposed ordinance would prohibit landlords from discriminating
against prospective tenants. Staff provided an update on potential tenant protections, including non-
discrimination policies related to Section 8 housing. Discussion included landlord feedback,
administrative burdens, and ongoing efforts through the “Bring It Home” program, which aims to
support tenants and landlords using housing vouchers.
Council discussed feedback from landlords regarding pre-eviction protections and researching the
financial impacts to landlords. Staff noted current workload and that conditions differ from when the
temporary emergency pre-eviction protection ordinance was initially adopted. Council and staff
discussed obtaining additional landlord input before considering a permanent change to pre-eviction
notice requirements and Section 8 policies. Council was divided with some members supporting
Page 4 of 74
City Council Work Session Minutes -3- April 14, 2026
further study and allowing the current emergency ordinance to expire, while others supported
extending the emergency ordinance.
Council and staff discussion included challenges related to housing programs, landlord participation,
and regulatory requirements. Council discussed impacts with a temporary extension to the existing
emergency ordinance and noted when the current emergency ordinance is set to expire. Council
directed staff to implement the staff suggested timelines to consider both pre-eviction notification and
Section 8 policy changes, including additional feedback from landlords and tenants, and allowing the
current emergency pre-eviction notification ordinance to expire.
ITEM #3
ADJOURNMENT
Mayor Supple adjourned the work session at 6:56 p.m.
Date Approved: April 28, 2026
Mary B. Supple
Mayor
Michelle Friedrich Katie Rodriguez
City Clerk City Manager
Page 5 of 74
ITEM #1
CALL TO ORDER
The meeting was called to order by Mayor Supple at 7:00 p.m. on April 14, 2026, in the Council
Chambers.
Council Present:
Mary Supple, Mayor; Walter Burk, Sean Hayford Oleary,
Sharon Christensen, and Rori A. Coleman-Woods.
Staff Present:
Guests:
Katie Rodriguez, City Manager; Jennifer Anderson, Support
Services Manager; Mary Tietjen, City Attorney; and Michelle
Friedrich, City Clerk.
None.
ITEM #2
PLEDGE OF ALLEGIANCE
Mayor Supple led the Pledge of Allegiance.
ITEM #3
APPROVAL OF AGENDA
MOTION: made by Council Member Hayford Oleary, seconded by Council Member Coleman-
Woods to approve the agenda as presented.
Voting Aye: Mayor Supple, Council Member Burk, Council Member Hayford Oleary, Council
Member Christensen, and Council Member Coleman-Woods.
Motion carried: 5-0
ITEM #4
APPROVAL OF MINUTES
MOTION: made by Council Member Hayford Oleary, seconded by Council Member Coleman-
Woods to approve the minutes of the (1) City Council Work Session from March 24, 2026, and (2)
Regular Meeting from March 24, 2026.
Voting Aye: Mayor Supple, Council Member Burk, Council Member Hayford Oleary, Council
Member Christensen, and Council Member Coleman-Woods.
Motion carried: 5-0
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Council Regular Meeting
April 14, 2026
Page 6 of 74
City Council Meeting Minutes -2- April 14, 2026
ITEM #5
OPEN FORUM
Mayor Supple noted the process for individuals wishing to speak during Open Forum and reviewed
the three-minute time limit for public comments and explained the use of time warning cards to alert
the speaker when their time is almost expired. Instructions were given for speakers to state their
name and city of residence before speaking.
Two residents addressed the Council during the Open Forum opportunity.
Birgit Johnson, Richfield resident, encouraged openness to outside perspectives and questioned
current definitions of conservatism. Ms. Johnson raised concerns about federal spending and
immigration policies, including impacts on Minnesota communities, and emphasized that
conservatism should focus on stability and long-term planning.
Theresa Guthrie, Richfield resident, raised concerns about immigration enforcement impacts,
called for accountability and higher standards from government agencies, and noted issues with
incomplete state projects and leadership oversight.
ITEM #6
PROCLAMATIONS AND PRESENTATIONS
a. Proclamation celebration Arab American Heritage Month.
Mayor Supple read and presented the proclamation to Richfield School Board Member Callmie
Dennis and Richfield Schools Director of Student Support Services Christina Gonzalez.
b. Proclamation celebrating Earth Day.
Mayor Supple read and presented the proclamation to Richfield Recreation Director Karl Huemiller.
c. Proclamation celebrating Arbor Day.
Mayor Supple read and presented the proclamation to Richfield Recreation Director Karl Huemiller.
d. Presentation of the 2025 Food Safety Awards.
Support Services Manager Jennifer Anderson presented the annual Richfield Food Safety Awards,
recognizing restaurants for excellence in food safety practices and inspection performance. She
noted the program was established in 2006 and evaluates establishments on risk management,
employee health policies, and training. Support Services Manager Anderson presented the 2025
awards to Broadway Pizza (full-service category) and Five Guys (fast food category), with both
recognized for consistently high standards.
ITEM #7
CONSENT CALENDAR
City Manager Rodriguez presented the consent calendar.
a. Approve Disbursements/Claims
U.S. BANK 4-10-2026
A/P Checks/ETF’s: (3-14-2026 through 4-3-2026) $1,941,220.34
Payroll (3-27-2026) $1,136,746.51
Page 7 of 74
City Council Meeting Minutes -3- April 14, 2026
Payroll (4-10-2026)
Includes health insurance premiums for April 2026. $1,411,657.06
TOTAL $4,489,623.91
b. Approval of a Stormwater Construction and Maintenance Agreement with Woodlawn
Terrace Cooperative located at 7421 Lyndale Ave South.
c. Approval of the bid tabulation and authorize the Mayor and City Manager to execute a
contract with Visu-Sewer for the 2026 Sanitary Sewer Lining Cured-in-Place-Pipe (CIPP)
Project in the amount of $790,929.60 and authorize the City Manager to approve contract
changes up to $175,000 without further City Council consideration.
d. Approval of the bid tabulation and authorize the Mayor and City Manager to execute a
contract with GMH Asphalt Corporation for the 2026 Mill and Overlay Project.
e. Approval of a resolution prohibiting on-street parking on County State Aid Highway 52
(Nicollet Avenue) from 77th Street to 66th Street.
RESOLUTION NO. 2026-12418
PROHIBITING ON-STREET PARKING ON COUNTY STATE AID HIGHWAY 52
(NICOLLET AVENUE) FROM 77TH STREET TO 66TH STREET
f. Approval of the updated Climate Action Plan.
MOTION: made by Council Member Coleman-Woods, seconded by Council Member Christensen
to approve consent calendar items 7a-f as presented.
Council provided clarification that parking changes on Nicollet Avenue (Item 7e) will take effect
after construction is completed and new signage is installed. Council noted 77th to 70th Street will
be under construction in the first year, with remaining parking changes implemented the following
year when construction is completed.
Voting Aye: Mayor Supple, Council Member Burk, Council Member Hayford Oleary, Council
Member Christensen, and Council Member Coleman-Woods.
Motion carried: 5-0
ITEM #8
CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT
CALENDAR
None.
ITEM #9
PUBLIC HEARINGS
None.
ITEM #10
PROPOSED ORDINANCES
None.
Page 8 of 74
City Council Meeting Minutes -4- April 14, 2026
ITEM #11
RESOLUTIONS
None.
ITEM #12
OTHER BUSINESS
a. Consider confirmation of the appointment of Kate Croteau as Human Resources Director
for the City of Richfield effective May 18, 2026.
Council Member Christensen presented staff report item 12a, appointing Kate Croteau as Human
Resources Director for the City of Richfield, with an effective date of May 18, 2026.
City Manager Rodriguez thanked the council for elevating the HR Director position, noted a stronger
candidate pool, and shared positive references for the selected candidate.
MOTION: made by Council Member Christensen, seconded by Council Member Coleman-Woods
to approve the appointment of Kate Croteau as the Human Resources Director for the City of
Richfield effective May 18, 2026.
Voting Aye: Mayor Supple, Council Member Burk, Council Member Hayford Oleary, Council
Member Christensen, and Council Member Coleman-Woods.
Motion carried: 5-0
ITEM #13
CITY MANAGER’S REPORT
City Manager Rodriguez reported at the last meeting there were three residents who addressed the
concerns at the previous meeting. She noted one resident spoke on the importance of immigrants
to the community, and two expressed concerns about the city’s use of nonprofit contracts for social
services and noted no questions were raised for follow-up. Council and staff discussed
confirmation of the towing contract approval process through the nonprofit contract for social
services.
ITEM #14
COUNCIL DISCUSSION
a. Hats off to Hometown Hits.
Council Member Coleman-Woods reported updates from the Community Services and
Sustainability Commissions, including upcoming Earth Day activities with volunteer and community
participation opportunities. Congratulations were extended to the Richfield High School boys
basketball team for placing third in state, and anticipation was noted for the upcoming baseball
season.
Council Member Hayford Oleary noted the Transportation Commission continues discussions on
Penn Avenue, including planning for a future open house. He added updates focus on potential
improvements and context-sensitive design considerations for the area north of 69th from the
residential area.
Page 9 of 74
City Council Meeting Minutes -5- April 14, 2026
Council Member Burk mentioned the Human Rights Commission is identifying potential speakers
for future presentations and may reach out for participation and cooperation.
Mayor Supple provided meeting dates for the property tax “open book” meetings, including an in-
person session in Richfield on April 20 for property valuation questions. Mayor Supple expressed
appreciation to Representative Howard for submitting a state bonding request for an emergency
water interconnect and noted previous bonding fund requests included Nicollet Avenue. Mayor
Supple noted the business stabilization program for immigrant-impacted businesses open through
April 27, and the significant philanthropic funding supporting rental assistance and food security
efforts within the City of Richfield. Mayor Supple noted participation with Council Member Hayford
Oleary at the Job Olympics event and expressed appreciation for the high school hosted event.
b. Council Liaison Reports
Brief reports noted above in Hats off to Hometown Hits.
ITEM #15
ADJOURNMENT
MOTION: made by Council Member Coleman-Woods, seconded by Council Member Burk to
adjourn the meeting at 7:35 p.m.
Voting Aye: Mayor Supple, Council Member Burk, Council Member Hayford Oleary, Council
Member Christensen, and Council Member Coleman-Woods.
Motion carried: 5-0
Date Approved: April 28, 2026
Mary Supple
Mayor
Michelle Friedrich Katie Rodriguez
City Clerk City Manager
Page 10 of 74
Proclamation of the City of Richfield
WHEREAS, Asian and Pacific American Heritage Month, from May 1st through May 31st, pays tribute to Asian and Pacific Americans, the fastest-growing ethnic minority group in the United States of America, for their contributions to the United States and to celebrate the diverse culture and rich history; and WHEREAS, May was designated as Asian and Pacific American Heritage Month because of the first documented arrival of Japanese immigrants to the United States on May 7, 1843, and the
completion of the first transcontinental railroad on May 10, 1869, which relied heavily on Chinese immigrant laborers; and WHEREAS, the first documented arrival of an Asian or Pacific Islander to Minnesota was Mr. Wang See Ling, who settled in Duluth, Minnesota, in 1875; and WHEREAS, Minnesota has provided asylum and relocation for many Asian refugees, from the Vietnamese, Laotians, Cambodians and Hmong in the 1970s and 1980s, and Tibetans and Karen peoples during the 1990s, while other Asian and Pacific Islanders have immigrated to Minnesota in their pursuit of opportunities and freedom; and WHEREAS, Asian and Pacific Americans have been subjected to discriminatory treatment throughout their time in the United States, including the Chinese Exclusion Act, the immoral internment of Japanese-Americans during World War II, the systematic housing discrimination in
Richfield as a result of racial covenants, and recent irrational and unsubstantiated blame for COVID-19; and WHEREAS, at least 5.5% of the population in Richfield is of Asian or Pacific Islander origin, according to 2024 estimates by the U.S. Census Bureau; and WHEREAS, Asian and Pacific Americans have made the United States better through initiative, creativity, hard work and the sharing of their cultural heritage, and deserve to be recognized for their achievements and participation in Richfield civic life; and WHEREAS, the Richfield Human Rights Commission supported a proclamation celebrating Asian and Pacific American Heritage Month at its April 7th, 2026, meeting; Now, THEREFORE, I, Mary Supple, mayor of Richfield, on behalf of the Richfield City Council, do proclaim the month of May as Asian and Pacific American Heritage Month in the City of Richfield and call on the people of Richfield to observe this month with appropriate programs, activities, and ceremonies, and continue to honor the contributions of Asian and Pacific Islander Americans throughout the year. PROCLAIMED this 28th day of April, 2026.
Mary B. Supple, Mayor
Page 11 of 74
City Council Meeting 4/28/2026
Agenda Section: Consent Calendar
Agenda Item: 8.b.
Report Prepared By:
Sam Ellison, Project Engineer
Department Director:
Kristin Asher, Public Works Director
Item for Consideration:
Approval of the bid tabulation and authorize the Mayor and City Manager to
execute a contract with Concrete Idea, Inc., for the Safe Routes to School
Sheridan Hills Elementary sidewalk project in the amount of $429,153.25 and
authorize the City Manager to approve contract changes up to $175,000 without
further City Council consideration.
EXECUTIVE SUMMARY
The City has received funding from MNDOT's Safe Routes to School program to
construct approximately 1500 feet of sidewalk along the north side of 64th Street
between Thomas and Russel Avenue S and between 64th Street and 65th Street on the
west side of Russel Ave within City right-of-way. This project is located north and east of
Sheridan Hills Elementary School. This project will improve safety for pedestrians and
multi-modal users.
RECOMMENDED ACTION
By Motion:
• Approve the bid tabulation and authorize the Mayor and City Manager to
execute a contract with Concrete Idea, Inc., for the Safe Routes to School
Sheridan Hills Elementary Sidewalk project in the amount of $429,153.25;
and
• Authorize the City Manager to approve contract changes up to $175,000
without further City Council consideration.
HISTORICAL CONTEXT
See executive summary.
EQUITABLE OR STRATEGIC CONSIDERATIONS OR IMPACTS
Equity: Executing an agreement like this is standard city business. The Safe Routes to
School program promotes equity by creating improved non-motorized routes to school
that help promote active transportation and provide alternative forms of transportation
for students to get to school. Narrowing the roadway reduces the speed of drivers,
making it safer for non-motorized people. Reduced crossing distances at crosswalks
greatly improves the safety of the pedestrians crossing by reducing the time needed to
cross and improves the visibility of pedestrians to drivers.
Strategic Plan: Authorizing this agreement will progress towards sustainable
Page 12 of 74
infrastructure financing and climate resilience by leveraging the availability of state-
funded grant programs to improve active transportation infrastructure within the city.
POLICIES (RESOLUTIONS, ORDINANCES, REGULATIONS, STATUTES, ETC.)
• Contracts estimated to have a value over $175,000 must be made by sealed
bids, solicited by public notice, and awarded to the lowest responsible bidder.
• This project is identified in the City's Capital Improvement Plan.
CRITICAL TIMING ISSUES
• Public Works staff is in communication with the prospective contractor about the
project schedule.
• Award of the contract at the April 28, 2026, City Council meeting will allow the
contractor to begin ordering construction materials and will ensure project
completion by Fall 2026, ideally prior to the start of the 2026-27 school year.
FINANCIAL IMPACT
• Six bids were opened and read aloud at the bid opening on April 2, 2026, ranging
from $429,153.25 to $644,051.80.
• The engineer's estimate for the Project was $513,065.00.
• Funding for the Safe Routes to School project will come primarily from MNDOT's
Safe Routes to School grant funding account.
• The original amount of the grant award from State Aid was $478,039.
• Design and engineering are not eligible uses of the Safe Routes to School grant
funding. These portions of the project are being paid using Municipal Sate Aid
funding.
• Sources and Uses for the project are attached.
LEGAL CONSIDERATIONS
• The bid opening held on April 2nd, 2026, was in accordance with legal
requirements.
• The ad for bid was published on March 19th, 2026 in the Sun Current and March
11th, 2026, on QuestCDN .
• The City Attorney will review the final construction contract prior to execution by
the Mayor and City Manager.
ALTERNATIVE RECOMMENDATION(S)
None.
ATTACHMENTS
1. 2026-04-02 Sheridan Hills SRTS 2026 Sidewalks Minutes
2. 2026 Sidewalks - Sheridan Hills-V2
Page 13 of 74
CITY OF RICHFIELD, MINNESOTA
Bid Opening
April 2, 2026
10:00 a.m.
PROJECT: Sheridan Hills Safe Routes to School 2026 Sidewalks
Bid No.: 2026-05 (Quest No 10072172)
Pursuant to requirements of Resolution No. 1015 and the City Code, a meeting of the Administrative Staff was
called by City Clerk Friedrich who announced the purpose of the meeting was to receive; open and read aloud
bids for the Sheridan Hills Safe Routes to School 2026 Sidewalks, as advertised in the official newspaper
on March 19, 2026, and published in www.questcdn.com on March 11, 2026.
Present: Michelle Friedrich, City Clerk
Jake Whipple, Civil Engineer
Matt Hardegger, Transportation Engineer
Cathryn DeBaker, Administrative Assistant, Bolton and Menk
Zack Johnston, Engineer, Bolton and Menk
The following bids were submitted and read aloud:
Bidder’s Name Bond Non-
Collusion
Intent to
Comply
Responsible
Contractor
Certificate
Total Base Bid
Concrete Idea Inc. Provided Provided Provided Provided $429,153.25
New Look Contracting, Inc. Provided Provided Provided Provided $454,761.80
Pember Companies, Inc. Provided Provided Provided Provided $502,368.24
McNamara Contracting Provided Provided Provided Provided $517,700.00
Thomas and Sons
Construction Provided Provided Provided Provided $563,172.75
Urban Companies Provided Provided Provided Provided $644,051.80
City Clerk Friedrich referenced the apparent low bidder, and noted all bids would be tabulated and
considered at the April 14, 2026, City Council Meeting.
_______________________
Michelle Friedrich, City Clerk
Page 14 of 74
Sheridan Hills - SRTS
Richfield Project No.
SAP Nos. 157-364-002
Sources and Uses Tracking
Council Action Council Action
Grant Application
Preliminary Design
Approval Engineers Estimate Contract Award
January 2025 November 2025 April 2026 May 2026
Estimated Uses:
Design $75,000 $42,692 $42,692 $45,000
Construction $458,685 $437,725 $513,065 $429,153
Change Orders $0 $0 $0 $0
Right of Way $0 $500 $500 $0
Legal $0 $1,000 $1,000 $0
Construction Admin/Engineering/Staff $75,000 $40,000 $50,000 $50,000
Contingency $85,800 $88,000 $10,261 $8,583
20% Contingency 20% Contingency 2% Contingency 2% Contingency
Total Uses $694,485 $609,917 $617,518 $532,736
Sources:
SRTS Grant $544,500 $544,500 $544,500 $401,343
Municipal State Aid Funds $150,000 $84,192 $94,192 $103,583
Water Utility Fund $0 $0 $0 $27,810
Total Sources $694,500 $628,692 $638,692 $532,736
Difference $15 $18,775 $21,174 $0
Notes
Low Risk
Medium Risk
High Risk
Page 15 of 74
City Council Meeting 4/28/2026
Agenda Section: Consent Calendar
Agenda Item: 8.c.
Report Prepared By:
Scott Kulzer, Senior Analyst
Department Director:
Kristin Asher, Public Works Director
Item for Consideration:
Adoption of a resolution for reimbursement of certain expenditures from the
proceeds of street reconstruction bonds and utility bonds to be issued by the
City for the Penn Avenue (CSAH 32) Reconstruction Project.
EXECUTIVE SUMMARY
Consistent with City Council direction, the Capital Improvement Plan (CIP), and the
City's Comprehensive Plan, staff is working with Hennepin County towards the
reconstruction of Penn Avenue (CSAH 32) from Trunk Highway 62 to 75th Street.
Following an extensive public engagement process that began in 2025 and will extend
through much of 2026, County staff, City staff, and the engineering consultant will
develop a preliminary design layout to bring to the City Council for approval prior to
beginning the final design process in late 2026. Construction is identified in the County's
CIP for 2028-2029.
Approval of the proposed reimbursement resolution will enable City staff to incur costs
related to the project prior to sale of the street reconstruction bonds and utility bonds.
The resolution allows project costs incurred up to 60 days prior to Council approval, as
well as certain costs incurred more than 60 days prior to Council approval of the
resolution, to be reimbursed using the proceeds of the street reconstruction bonds and
utility bonds.
RECOMMENDED ACTION
Adopt a resolution for reimbursement of certain expenditures from the proceeds
of street reconstruction bonds and utility bonds to be issued by the City for the
Penn Avenue (CSAH 32) Reconstruction Project.
HISTORICAL CONTEXT
• The existing roadway design on Penn Avenue is outdated and lacks proper
accommodations for all users.
• The pavement and underground infrastructure condition along Penn Avenue
continues to deteriorate.
• County and City staff have identified a need for complete reconstruction of the
roadway and utilities in the Penn Avenue corridor between Trunk Highway 62
and 75th Street.
• The preliminary design will be presented to the City Council for approval in late
Page 16 of 74
2026, at which point County staff, City staff, and the engineering consultant will
begin final design engineering with the intent of constructing the project in 2028-
2029.
EQUITABLE OR STRATEGIC CONSIDERATIONS OR IMPACTS
This item is standard city business for issuing bonds related to a street reconstruction
project.
POLICIES (RESOLUTIONS, ORDINANCES, REGULATIONS, STATUTES, ETC.)
• The reconstruction of Penn Avenue is identified in the City's Capital Improvement
Plan.
• The reimbursement resolution is standard procedure and allows the City to pay
for any project costs incurred prior to the sale of bonds.
CRITICAL TIMING ISSUES
County staff, City staff, and the engineering consultant are moving through the
preliminary design engineering phase of the project with the intent to start final design of
the project in late 2026 and construction of the project in 2028.
FINANCIAL IMPACT
• Adoption of the proposed reimbursement resolution provides approval for City
staff to incur costs for the Penn Avenue Reconstruction project prior to sale of the
bonds.
• The resolution as written allows for the reimbursement from bond proceeds of up
$14,000,000, however, staff does not anticipate the City's project expenses to be
that amount, and the bond sale will likely be lower.
• A combination of street reconstruction bonds and utility bonds are proposed for
the City's share of the project funding.
• It is anticipated the bonds will be sold when the most accurate project cost
estimates are determined based on final design.
• The current Penn Avenue Reconstruction Project funding sources and uses
breakdown is attached to this staff report.
LEGAL CONSIDERATIONS
The City Attorney's office has reviewed the resolution and will be available to answer
questions.
ALTERNATIVE RECOMMENDATION(S)
None.
ATTACHMENTS
1. Resolution 2026-XXXXX Penn Avenue Reimbursement for Bond
2. 260420_Penn Ave Sources and Uses Tracking
Page 17 of 74
City of Richfield April 28, 2026
County of Hennepin
State of Minnesota
RESOLUTION NO. XXXXX
1 of 2
Motion by:
Seconded by:
DECLARING THE OFFICIAL INTENT OF THE
CITY OF RICHFIELD TO REIMBURSE CERTAIN EXPENDITURES FROM THE
PROCEEDS OF BONDS TO BE ISSUED BY THE CITY WITH RESPECT TO THE PENN
AVENUE RECONSTRUCTION PROJECT
WHEREAS, the Internal Revenue Service has issued Treas. Reg. § 1.150-2 (the “Reimbursement
Regulations”) providing that proceeds of tax-exempt bonds used to reimburse prior expenditures will not be
deemed spent unless certain requirements are met; and
WHEREAS, the City of Richfield, Minnesota (the “City”) expects to incur certain expenditures that
may be financed temporarily from sources other than bonds, and reimbursed from the proceeds of tax-
exempt bonds; and
WHEREAS, the City has determined to make this declaration of official intent (the “Declaration”) to
reimburse certain costs from proceeds of bonds in accordance with the Reimbursement Regulations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RICHFIELD,
MINNESOTA AS FOLLOWS:
1. Hennepin County proposes to undertake the Penn Avenue (CSAH 32) Reconstruction Project within
the City (the “Project”) with cost participation from the City.
2. The City reasonably expects to reimburse the expenditures made for certain costs of the Project
from the proceeds of bonds in an estimated maximum principal amount of $14,000,000. All
reimbursed expenditures will be capital expenditures, costs of issuance of the bonds, or other
expenditures eligible for reimbursement under Section 1.150-2(d)(3) of the Reimbursement
Regulations.
3. This Declaration has been made not later than 60 days after payment of any original expenditure to
be subject to a reimbursement allocation with respect to the proceeds of bonds, except for the
following expenditures: (a) costs of issuance of bonds; (b) costs in an amount not in excess of
$100,000 or 5 percent of the proceeds of an issue; or (c) “preliminary expenditures” up to an amount
not in excess of 20 percent of the aggregate issue price of the issue or issues that finance or are
reasonably expected by the City to finance the Project for which the preliminary expenditures were
incurred. The term “preliminary expenditures” includes architectural, engineering, surveying, bond
issuance, and similar costs that are incurred prior to commencement of acquisition, construction or
rehabilitation of a project, other than land acquisition, site preparation, and similar costs incident to
commencement of construction.
4. This Declaration is an expression of the reasonable expectations of the City based on the facts and
circumstances known to the City as of the date hereof. The anticipated original expenditures for the
Project and the principal amount of the bonds described in paragraph 2 are consistent with the City’s
budgetary and financial circumstances. No sources other than proceeds of bonds to be issued by
the City are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise
set aside pursuant to the City’s budget or financial policies to pay such Project expenditures.
Page 18 of 74
City of Richfield April 28, 2026
County of Hennepin
State of Minnesota
RESOLUTION NO. XXXXX
2 of 2
5. This Declaration is intended to constitute a declaration of official intent for purposes of the
Reimbursement Regulations.
The foregoing resolution was moved by Council Member ______________ and seconded by Council
Member _______________.
The following voted in the affirmative: _________________________________________
The following voted against: ________________________________________________
Councilmember ________________________________ was absent.
Adopted by the City Council of the City of Richfield, Minnesota, this 28th day of April, 2026.
VOTING AYE VOTING NAY
Supple, Mary Supple, Mary
Burk, Walter Burk, Walter
Christensen, Sharon Christensen, Sharon
Coleman-Woods, Rori Coleman-Woods, Rori
Hayford Oleary, Sean Hayford Oleary, Sean
Mary B. Supple, Mayor
ATTEST:
Michelle Friedrich, City Clerk
Page 19 of 74
Penn Avenue ReconstructionRichfield Project No.TBDSAP Nos. TBDSources and Uses Tracking - updated 4/20/2026Council Action Council Action Council Action2025 CIP 2026 CIP30% Engineer's Estimate and Project Approval2027 CIP Estimate60% Engineer's Estimate90% Engineer's Estimate Final Engineer's Estimate and Project Bid Contract AwardPlanned Construction Year:2028-2029 2028-2029Estimated Uses:Design $1,360,000 $1,550,000Penn Ave Reconstruction $4,000,000 $5,000,000Public Utility Improvments $5,000,000 $6,000,000Stormwater ImprovementsChange OrdersRight of WayLegalConstrcution Admin/EngineeringStaffContingencyBond Issuance Costs20% Contingency 20% ContingencyTotal Uses $10,360,000 $12,550,000Sources:Street Reconstruction Bonds $5,000,000 $5,500,000Utility Bonds $5,000,000 $6,500,000Municipal State Aid $600,000 $800,000Total Sources $10,600,000 $12,800,000Difference $240,000 $250,000 $0 $0 $0 $0 $0 $0Notes Anticipated Debt Issuance (updated 04/2026): Low RiskStreet Reconstruction Bonds 2028 Medium RiskUtility Bonds 2028 High RiskIncluded aboveIncluded abovePage 20 of 74
City Council Meeting 4/28/2026
Agenda Section: Consent Calendar
Agenda Item: 8.d.
Report Prepared By:
Matt Hardegger, Transportation Engineer
Department Director:
Kristin Asher, Public Works Director
Item for Consideration:
Adoption of a resolution authorizing execution of Minnesota Department of
Transportation (MnDOT) Agreement No. 1062789 for the disbursement of state
general obligation bond funds for the Sheridan Hills Safe Routes to School
project.
EXECUTIVE SUMMARY
The City has received funding from MNDOT's Safe Routes to School program to
construct sidewalk and intersection improvements along 64th Street and Russell Ave in
the area of Sheridan Hills Elementary. Based on the low bid for the project, the grant
award is $401,343.25. This funding was awarded in April 2025 as a grant of up to
$544,500.
MnDOT's Safe Routes to School infrastructure funding is financed by state general
obligation bond funding, which carries with it statutory obligations for the users and
requires a council resolution accepting the terms of the funding as part of the grant
agreement process.
RECOMMENDED ACTION
By Motion: Approve the resolution authorizing execution of Minnesota
Department of Transportation (MnDOT) Agreement No. 1062789 for the
disbursement of state general obligation bond funds for the Sheridan Hills Safe
Routes to School project.
HISTORICAL CONTEXT
Richfield was awarded a grant of up to $544,500 in April 2025 through MnDOT's 2024
Safe Routes to School infrastructure funding solicitation. That solicitation was created
using a combination of general funds appropriated in the 2023 legislative session and
previously authorized General Obligation bonds. Project owners that utilize state
funding are required to execute an agreement with MnDOT and adopt a resolution
agreeing to the terms of the grant agreement in order to have eligible project
expenditures reimbursed.
Bids for the Sheridan Hills Safe Routes to School project were opened on April 2, 2026.
The low bid amount was $429,153.25. The project scope includes $27,810 of non-
participating work which is ineligible for state aid reimbursement, so the grant award
was capped at $401,343.25.
Page 21 of 74
The non-participating items are for watermain and fire hydrant relocation required to
build the sidewalk. These costs are not eligible for grant reimbursement as part of this
grant program. These costs will be paid using water utility funds.
EQUITABLE OR STRATEGIC CONSIDERATIONS OR IMPACTS
Equity: Executing an agreement like this is standard city business. The Safe Routes to School
program promotes equity by creating improved non-motorized routes to school that help
promote active transportation and provide alternative forms of transportation for students to get
to school. Narrowing the roadway reduces the speed of drivers, making it safer for non-
motorized people. Reduced crossing distances at crosswalks greatly improves the safety of the
pedestrians crossing by reducing the time needed to cross and improves the visibility of
pedestrians to drivers.
Strategic Plan: Authorizing this agreement will progress towards sustainable infrastructure
financing and climate resilience by leveraging the availability of state-funded grant programs to
improve active transportation infrastructure within the city.
POLICIES (RESOLUTIONS, ORDINANCES, REGULATIONS, STATUTES, ETC.)
• The Safe Routes to School program is established and governed by Minnesota
Statutes, Section 174.40.
• Minnesota Statutes, Section 465.03 requires every acceptance of a grant or
devise of real personal property on terms prescribed by the donor be made by
resolution by a two-thirds majority of the City Council.
CRITICAL TIMING ISSUES
This agreement must be executed prior to construction of the project. The contract start
date is June 8, 2026.
FINANCIAL IMPACT
• The grant agreement authorizes MnDOT to disburse $401,343.25 of bond
funding to the City of Richfield to construct the Sheridan Hills Elementary Safe
Routes to School project, on a reimbursable basis.
• The $27,810 of non-participating expenses will be paid for by the City's water
utility fund.
• Remaining project costs, including $45,000 for design, $50,000 for construction
administration, and $8,583 for contingency, will be paid for using the City's
Municipal State Aid funds.
LEGAL CONSIDERATIONS
The City Attorney has reviewed the grant agreement and will be available to answer
questions.
ALTERNATIVE RECOMMENDATION(S)
None.
ATTACHMENTS
1. Resolution_2026-XXXXX SRTS_Grant_SAP_157-364-002
Page 22 of 74
2. 157-364-002SRTSAgreeCOMPLETE
Page 23 of 74
City of Richfield April 28, 2026
County of Hennepin
State of Minnesota
RESOLUTION NO. XXXXX
1 of 1
Motion by:
Seconded by:
AUTHORIZING EXECUTION OF MNDOT AGREEMENT #1062789
SETTING GRANT TERMS AND CONDITIONS FOR THE DISBURSEMENT OF
STATE ACTIVE TRANSPORTATION FUNDING FOR SAP 157-364-002
WHEREAS, the City of Richfield has applied to the Commissioner of Transportation for a grant
from the Safe Routes to School Account; and
WHEREAS, the Commissioner of Transportation has given notice that funding for this project is
available; and
WHEREAS, the amount of the grant has been determined to be $401,343.25 by reason of the
lowest responsible bid;
NOW, THEREFORE, BE IT RESOLVED, that the City of Richfield does hereby agree to the
terms and conditions of the grant consistent with Minnesota Statutes, section 174.40, and will pay any
additional amount by which the cost exceeds the estimate, and will return to the Safe Routes to Schools
Account any amount appropriated for the project but not required. The proper City officers are
authorized to execute a grant agreement and any amendments thereto with the Commissioner of
Transportation concerning the above-referenced grant.
Adopted by the City Council of the City of Richfield, Minnesota this 28th day of April, 2026.
VOTING AYE VOTING NAY
Supple, Mary Supple, Mary
Burk, Walter Burk, Walter
Christensen, Sharon Christensen, Sharon
Coleman-Woods, Rori Coleman-Woods, Rori
Hayford Oleary, Sean Hayford Oleary, Sean
Mary B. Supple, Mayor
ATTEST:
Michelle Friedrich, City Clerk
Page 24 of 74
MnDOT Agreement No. 1062789
SAP No. 157-364-002
Revised October 2024 1
SAFE ROUTES TO SCHOOL (SRTS) PROGRAM
GRANT AGREEMENT
This Agreement between the Minnesota Department of Transportation (“MnDOT”) and the
Grantee named below is made pursuant to Minnesota Statutes Section 174.40 and pursuant to
pursuant to Minn. Laws 2023, Chapter 72- H.F. 669. The provisions in that section and the Exhibits
attached hereto and incorporated by reference constitute this Agreement and the persons signing
below agree to fully comply with all of the requirements of this Agreement. This Agreement will be
effective on the date State obtains all required signatures under Minnesota Statutes §16C.05,
subdivision 2.
1. Public Entity (Grantee) name, address and contact person:
City of Richfield
6700 Portland Ave S
Richfield, MN 55423
Contact Person/Title: Joe Powers, City Engineer, 612-861-9791, jpowers@richfieldmn.gov
2. Project(s):
Name of Project &
Project Number
(See Exhibit C for
location)
Amount of
SRTS Funds
Amount of Required
Matching Funds
Completion Date
SAP 157-364-002 $401,343.25 $27,810.00 December 31, 2029
3. Total Amount of SRTS Grant for all projects under this Agreement: $401,343.25
4. The following Exhibits for each project are attached and incorporated by reference as part of
this Agreement:
Exhibit A Completed Sources and Uses of Funds Schedule
Exhibit B Project Schedule, Workforce Certificate, and Equal Pay Certificate
Exhibit C Bond Financed Property Certification
Exhibit D Grant Application
Exhibit E Grantee Resolution Approving Grant Agreement
Exhibit F General Terms and Conditions
Page 25 of 74
MnDOT Agreement No. 1062789
SAP No. 157-364-002
Revised October 2024 2
5. Additional requirements, if any: None
6. Any modification of this Agreement must be in writing and signed by both parties.
(The remaining portion of this page was intentionally left blank.)
Page 26 of 74
MnDOT Agreement No. 1062789
SAP No. 157-364-002
Revised October 2024 1
PUBLIC ENTITY (GRANTEE)
The Grantee certifies that the appropriate person(s)
have executed the grant agreement on behalf of the
Grantee as required by applicable articles, bylaws,
resolutions, or ordinances.
By: __________________________________
Title: ________________________________
Date: ________________________________
By: __________________________________
Title: ________________________________
Date: ________________________________
DEPARTMENT OF TRANSPORTATION
Approval and Certifying Encumbrance as required by
Minnesota Statutes § 16A.15 and 16C.05
By: __________________________________
State Aid Programs Manager
(with delegated authority)
Date: ________________________________
DEPARTMENT OF TRANSPORTATION
CONTRACT MANAGEMENT
By: __________________________________
Date: ________________________________
Page 27 of 74
MnDOT Agreement No. 1062789
SAP No. 157-364-002
Revised October 2024 2
EXHIBIT A
SOURCES AND USES OF FUNDS SCHEDULE
SOURCES OF FUNDS USES OF FUNDS
Entity Supplying Funds Amount Expenses Amount
State Funds: Items Paid for with SRTS
2023 SRTS Funds Grant
(SAAS Acct 386)
$401,343.25 Grant Funds:
Construction of sidewalks $401,343.25
Other:
Subtotal $401,343.25 Subtotal $401,343.25
Public Entity Funds: Items paid for with Non-
Matching Funds SRTS Grant Funds:
Local Match $27,810.00 Construction of sidewalks $27,810.00
Other:
Subtotal $27,810.00 Subtotal $27,810.00
TOTAL FUNDS $429,153.25 = TOTAL PROJECT
COSTS
$429,153.25
Page 28 of 74
MnDOT Agreement No. 1062789
SAP No. 157-364-002
Revised October 2024 3
EXHIBIT B
PROJECT SCHEDULE, WORKFORCE CERTIFICATE, AND EQUAL PAY CERTIFICATE
Award Date: April 28, 2026
Construction Start Date: June 8, 2026
Construction Substantial Complete Date: August 21, 2026
Contract Final Completion Date: December 31, 2029
Page 29 of 74
MnDOT Agreement No. 1062789
SAP No. 157-364-002
Revised October 2024 4
INSERT APPARENT LOW BIDDER WORKFORCE CERTIFICATE BID FORM
Contractor/consultant Concrete Idea, Inc. has certified that it is not subject to the Workforce
Certificate and Equal Pay Certificate requirements in Statute 363A.36 and 363A.44 because
Contractor Concrete Idea, Inc. employs fewer than 40 full-time employees.
Page 30 of 74
MnDOT Agreement No. 1062789
SAP No. 157-364-002
Revised October 2024 5
INSERT APPARENT LOW BIDDER EQUAL PAY CERTIFICATE BID FORM
Contractor/consultant Concrete Idea, Inc. has certified that it is not subject to the Workforce
Certificate and Equal Pay Certificate requirements in Statute 363A.36 and 363A.44 because
Contractor Concrete Idea, Inc. employs fewer than 40 full-time employees.
Page 31 of 74
MnDOT Agreement No. 1062789
SAP No. 157-364-002
Revised October 2024 6
EXHIBIT C
BOND FINANCED PROPERTY CERTIFICATION
State of Minnesota
General Obligation Bond Financed Property
The undersigned states that it has a fee simple, leasehold and/or easement interest in the real
property located in the County(ies) of Hennepin , State of Minnesota that is generally described or
illustrated graphically in Attachment 1 attached hereto and all improvements thereon (the “Restricted
Property”) and acknowledges that the Restricted Property is or may become State bond-financed
property. To the extent that the Restricted Property is or becomes State bond-financed property, the
undersigned acknowledges that:
A. The Restricted Property is State bond-financed property under Minn. Stat. Sec.
16A.695, is subject to the requirements imposed by that statute, and cannot be
sold, mortgaged, encumbered or otherwise disposed of without the approval of the
Commissioner of Minnesota Management and Budget; and
B. The Restricted Property is subject to the provisions of the Safe Routes to School
Program Grant Agreement between the Minnesota Department of Transportation
and the undersigned dated ________________, 20___; and
C. The Restricted Property shall continue to be deemed State bond-financed property
for 37.5 years or until the Restricted Property is sold with the written approval of
the Commissioner of Minnesota Management and Budget.
Date: __________________, 20____
_____________________________________
City of Richfield, a political subdivision of
the State of Minnesota
By: ________________________________
Name: _______________________________
Title: _______________________________
By: ________________________________
Name: _______________________________
Title: _______________________________
Page 32 of 74
MnDOT Agreement No. 1062789
SAP No. 157-364-002
Revised October 2024 7
Attachment 1 to Exhibit C
GENERAL DESCRIPTION OF RESTRICTED PROPERTY
Page 33 of 74
Page 34 of 74
Page 35 of 74
Page 36 of 74
MnDOT Agreement No. 1062789
SAP No. 157-364-002
Revised October 2024 8
EXHIBIT D
GRANT APPLICATION
Attach the grant application for the project
Page 37 of 74
Form Name: 2024 Minnesota State Safe Routes to School (SRTS) Program: Infrastructure Solicitation Application
Submission Time: January 17, 2025 1:00 pm
Browser: Chrome 131.0.0.0 / Windows
IP Address: 156.142.185.30
Unique ID: 1306372986
Location: 44.8565, -93.4388
Minnesota Safe Routes to School (SRTS) Program: Infrastructure Solicitation Application
I. Project Information
A. Applicant Entity Information
Name Matt Hardegger
Entity Name City of Richfield
Job Title/Position Transportation Engineer
Phone (612) 861-9792
Email mhardegger@richfieldmn.gov
Entity Type State Aid City
Address 6700 Portland Ave S
Richfield, MN 55423
County Hennepin
MnDOT District Metro District
B. Project Sponsor Information
As a grant applicant, are you
representing a township, non-state aid
city, or a school or school district? If
yes, you are required to have a project
sponsor.
No, I am not a township, non-state aid city, or a school or school district
C. Project Funding
Has this project been selected for
federal funding?
No
Is this project applying for competitive
funding from another source in addition
to this program?
No
SRTS Grant Request 544500
Page 38 of 74
Total project cost 544500
Are funds from all sources committed?Yes
D. Project Location
Will any proposed infrastructure
improvements be constructed on the
right-of-way or property of a township,
city, or county other than the applicant
entity or project sponsor?
No
Beginning Point - Latitude 44.88715547058378
Beginning Point - Longitude -93.31395644282873
E. Brief Project Description
Enter a brief description or title of your
project. Example: Construct shared use
path along north side of CSAH 12
(Cedar Street) including bumpouts at all
quadrants at the CSAH 12 and Main
Street intersection in the City of Moose
River.
Construct sidewalk along north side of MSAS 364 (64th Street) from
Thomas Ave to east of Russell Ave, and along west side of Russell Ave
from MSAS 364 to MSAS 102 (65th Street). Project includes bumpouts at
intersection of 64th Street with Thomas and Russell Avenues.
F. Eligibility Check
The applicant must have a full
resolution (not just a letter of support)
from their council or governing board
approving the project and pledging
support to fund engineering, right of
way, inspection, and other non-SRTS
eligible costs, as well as SRTS-eligible
items in excess of the SRTS
Infrastructure grant amount. The
applicant understands this eligibility
requirement and has executed the
signed resolution for attachment to the
application.
Yes
Page 39 of 74
Schools, school districts, townships,
and non-state aid cities will need a state
aid city or county to serve as their
project sponsor. If a project sponsor is
required, the applicant must have a full
resolution (not just a letter of support)
from the sponsoring entity's council
supporting the project and agreeing to
act as the project sponsor. The
applicant understands this eligibility
requirement and has obtained the
signed resolution for attachment to the
application.
Not applicable (application is from a state aid city, county, or Federally
Recognized Indian Tribe)
The applicant must have a full
resolution (not just a letter of support)
from all non-Tribal entities (except
MnDOT) other than the applicant entity
or project sponsor whose property or
right-of-way will be impacted by the
proposed project. The applicant
understands this eligibility requirement
and has obtained, if required, the signed
resolution(s) from all impacted entities
for attachment to the application.
Not applicable (no other public entity right-of-way is impacted)
Does the applicant entity have the
ability to maintain the infrastructure
improvement and provide an expected
service life of a minimum of 10 years?
The applicant affirms to the best of their
current knowledge and belief that this
requirement will be met.
Yes - project will be maintained and provide a service life of 10 or more
years
Does the school district have plans to
relocate or repurpose the school
facilities benefiting from the
infrastructure improvement within the
next 10 years? The applicant affirms to
the best of their current knowledge and
belief that this requirement will be met.
No - benefiting school facilities will not be relocated or repurposed in the
next 10 years
Projects are required to be ready for
construction in 2025 or 2026. The
applicant understands this eligibility
requirement and will award a contract
and be under construction by December
31, 2026.
Yes
Page 40 of 74
Please select the anticipated
construction year
2026
Safe Routes to School Infrastructure
grant funds cannot be used on impacts
to trunk highways or trunk highway
right-of-way without an explicit letter of
support from the MnDOT District
Engineer. The applicant understands
this eligibility requirement and has
obtained, if required, the letter of
support for attachment to the
application.
Not applicable (the proposed project does not have trunk highway impacts)
All non-Tribal eligible applicants for
Safe Routes to School infrastructure
funds must have adopted subdivision
regulations that require Safe Routes to
School infrastructure in developments
authorized on or after June 1, 2016. The
applicant understands this eligibility
requirement and can attach proof of
compliance to the application via
ordinance or other language that
demonstrates how it is applied.
Yes
Only construction costs are eligible for
the program. Development of
engineering and construction plans are
not eligible expenses nor are
right-of-way acquisition costs. All
selected projects must follow the State
Aid process, which includes identifying
applicable design standards and
developing a construction plan set
signed by a licensed engineer. The
applicant must have the ability to
develop this plan set or the funds to pay
a consultant to develop this plan set.
Exhibits from engineering studies do
not qualify as a construction plan set.
The applicant understands this
requirement and has the ability or funds
to develop the plan set.
Yes
Page 41 of 74
Safe Routes to School funds cannot be
used to pay school, local entity, or
Federally Recognized Indian Tribe staff
time to construct or install any
improvements. School, local entity, or
Federally Recognized Indian Tribe staff
time is not an eligible cost for SRTS
Infrastructure funds. All selected
projects must be put out to bid and
awarded to a contractor. The applicant
understands this program requirement
and plans to bid the project out to a
contractor.
Yes
Has the project received a legislative
appropriation (also known as an
"earmark")?
No
Statute 16B.981 Subd. 2 (6) requires that
no current principals of a grantee have
been convicted of a felony financial
crime in the last 10 years. A principal is
defined as a public official, a board
member, or staff (paid or volunteer) with
the authority to access funds provided
by this grant opportunity or to
determine how those funds are used.
Political subdivisions as defined in
Statute 465.719 (including school
districts) and Federally Recognized
Indian Tribes are not subject to this
requirement. Checking "yes" is
acknowledgement that if selected to
receive a grant and if required by
statute, the applicant will be required to
complete a form certifying that no
current principal of its organization has
been convicted of a felony financial
crime in the last 10 years.
Yes
G. Project Evaluation
Name Matt Hardegger
Job Title / Role Transportation Engineer
Email mhardegger@richfieldmn.gov
Phone 6128619792
Page 42 of 74
II. Project Improvements & Safety
H. School Information
School 1: School Name Sheridan Hills Elementary School
School 1: School Location 6400 Sheridan Ave S, Richfield, MN, 55423
School 1: Grades Available K-5
School 1: Number of Students Enrolled 407
School 1: Percentage of Students
Walking or Biking to School
5
School 1: Percentage of Students
Taking Bus to School
73
School 1: School Type Public
I. Safety Concerns
At any location in the project area, do
pedestrians or bicyclists travel where
safe infrastructure is not provided?
Yes
Check any that apply below:Pedestrians walk along the grass or ditch.
People cross a roadway at any point other than an intersection or marked
crossing
Have safety risks or hazards related to
vehicles been identified within the
project area that prevent people from
safely walking or biking in or near the
project area?
Yes
Check any that are present in the
project area:
Low stop or yield compliance for pedestrians or cyclists
Low visibility of pedestrians or cyclists / Drivers unable to see pedestrians
or cyclists
Page 43 of 74
List and concisely describe the safety
risks, hazards, or uncomfortable
walking or biking conditions that have
been identified above, including the
locations of these risks and conditions.
Applicants may also reference any
survey data, crash data, pedestrian or
bicycle plan, or other relevant sources.
Upload any referenced sources when
submitting this application. Each
attachment must be referenced in the
application, otherwise the attachment
will not be considered in the scoring of
the application.
There are two existing gaps in the sidewalk network near this school.
Russell Ave has no sidewalk between 64th and 65th Streets, and the
sidewalk on the north side of 64th Street between Penn Ave and Russell
Ave ends roughly 150' east of Russell Ave, with no ramp to cross to the
existing sidewalk on the south side of 64th Street. Both of these gaps
require students to walk in the street and cross at non-intersection locations
with no markings.
Responses to a 2023 caregiver survey cited both lack of sidewalks and
unsafe intersections as concerns for parents letting their children walk
to/from school. Responses also specifically cited a lack of driver yielding at
64th St/Thomas Ave as an area of concern.
There have been 3 vehicle crashes in the project area since 2014.
J. Types of Improvements
Curbs and medians New curb and gutter
Curb extensions (concrete)
Signage and striping New crosswalk striping
Sidewalks and trails New sidewalks
ADA ramps
Provide a full project description
including specific locations of each
improvement identified above. Please
include descriptions for other
improvements not listed above as well.
Include any project maps or design
exhibits. These exhibits may be
uploaded with your application.
Sidewalk will be constructed on the north side of 64th Street from Thomas
Avenue to 150' east of Russell Avenue. Sidewalk will be constructed on the
west side of Russell Ave from 65th to 64th Streets. ADA-compliant curb
ramp will be constructed in NW corner of 65th/Russell intersection, and
NW/NE corners of 64th/Sheridan intersection. ADA-compliant curb ramps
with curb extensions will be constructed in all 4 corners of the intersections
of 64th/Thomas and 64th/ Russell
K. Project Improvements
Schools: Describe how listed
improvements would connect students
to schools within your community. If
your school provides hazard busing or
has a no walking/biking to school policy
in place currently, would these be
removed or altered with construction of
this project?
The area within the walk zone for Sheridan Hills is 50% renters and 12%
under 18 year olds, with the high density rental properties concentrated to
the northeast and southeast of the school. Expanding the sidewalk network
in this neighborhood creates improved conditions for a significant potential
population that could walk/bike to and from school, but face gaps in the
existing sidewalk network.
While this project does not directly address or remove any hazard busing
boundaries, it does create improved conditions on the school side of those
boundaries for any caregivers who choose to still walk with their child
across these boundaries.
Page 44 of 74
Safety Risk Mitigation: Explain how
each of the listed improvements in
"Section J. Types of Improvements"
would mitigate the safety risks and
hazards described in "Section I. Safety
Concerns."
Sidewalk gaps: The residential streets north of the school do not have
sidewalks, and there are limited ways to access the sidewalk network at
those locations. The proposed sidewalk on the north side of 64th Street
creates a "collector" sidewalk that walkers from the north can use to filter to
the improved intersections proposed. Filling the 150' sidewalk gap east of
Russell creates a direct path for students coming from the northeast, who
currently would either need to cross at Penn or walk in the street to get to
Russell. The Russell Ave gap completes the network around the school
property and allows for full movement of students to all entrances of the
facility, reducing the amount of time students would have to walk in the
street.
Intersection safety: Currently walkers from the northeast of the school must
cross 64th Street at either a busy intersection (Penn Ave), at intersections
that do not have ADA-compliant pedestrian ramps, or at uncontrolled
locations along the street. Project will construct pedestrian ramps to create
accessible crossing locations at Russell Ave and Thomas Ave. Additional
curb extensions will also increase visibility of students waiting to cross the
street at these intersections, which may improve driver yielding at Thomas
Ave (a cited safety concern from caregivers).
III. Community Engagement & Transportation Policies
L. Plans, Policies, & Studies
Does the applicant entity or project
sponsor have a Safe Routes to School
(SRTS) plan or any other non-motorized
transportation plan(s) in place or under
development?
Yes - please attach to application
Describe the contents and extents of
the Safe Routes to School (SRTS) plan
and/or non-motorized transportation
plan(s). Include the year of adoption for
each document listed.
Citywide Comprehensive Plan for Richfield Public Schools, adopted in
2014. Design Assistance Study including campus completed in 2024.
Has the adopted plan received any
updates, addendums, surveys, public
engagement sessions, or any other
changes since it was adopted?
Yes - please attach to application
Briefly describe the updates Annual travel tallies and surveys are conducted by the district. 2022 Tally
and 2023 Caregiver survey for Sheridan Hills Elementary are attached.
Comprehensive Plan update will be complete in 2025
Page 45 of 74
Are the improvements in this project
identified in any of the above listed
plan(s)?
Yes
Please provide the page number(s) on
which the project is identified
Richfield Design Assistance Study, pages 27-31 (PDF #s)
Describe how the proposed
improvements in this project were
identified, planned, and prioritized.
Also, include any
community/stakeholder engagement or
public outreach activities.
Project was identified as part of a Safe Routes to School Design
Assistance Study. Stakeholder meetings were conducted with district staff,
city staff, elected and appointed officials, and Bloomington Public Health.
The stakeholder group brainstormed, refined, and selected locations and
concepts for projects around the school. Project prioritization was decided
by discussions between school district and city staff. Community outreach
and engagement will occur during the project's design phase.
Has the applicant entity and/or project
sponsor adopted a Complete Streets
Policy or other policies or practices
encouraging and promoting Complete
Streets policies and practices in
planning, design and construction? If
yes, please describe these policies or
practices and attach them to the
application. If no, please mark "N/A".
Complete Streets Policy adopted in 2013. City utilizes Public Engagement
Process for Public Works Projects to guide collaboration and engagement
with local residents on design aspects of street projects.
IV. Equity Score
M: Implementing the 6E Strategies
Check all of the 6E Strategies
implemented at the school(s) or school
district(s). Please describe events,
policies and programs serving these
strategies.
Evaluation
Equity
Engagement/Enforcement
Education
Encouragement
Engineering
EVALUATION: Please describe events,
policies and programs serving this
strategy.
District conducts annual SRTS Parent Surveys and Travel Tallies
EQUITY - Please describe events,
policies and programs serving this
strategy.
District policies and activities prescribe a combination of universal
programming and smart, targeted intervention. District conducts regular
outreach activities and frequent dialogue with the Richfield Latino Families
Association.
ENGAGEMENT/ENFORCEMENT: Please
describe events, policies and programs
serving this strategy.
District conducts regular outreach activities to school families and conducts
annual SRTS parent surveys.
Page 46 of 74
EDUCATION: Please describe events,
policies and programs serving this
strategy.
Walk! Bike! Fun! education provided to all students 4th grade and up via
SRTS Coordinator. In 2023-24, this was 130 students at Sheridan Hills.
ENCOURAGEMENT: Please describe
events, policies and programs serving
this strategy.
Schools participate in Walk & Roll to School Day and post crossing guards
at intersections near buildings.
ENGINEERING: Please describe events,
policies and programs serving this
strategy.
District participates in demonstration projects to improve walking & biking
conditions.
N. Advancing Equity
Priority Populations Residents of Color
Low Income
Low or No Vehicle Availability
High Density Residential
Aged Under 18
Aged 65+
Limited or Non-English Speaking
Renter or Non-Owner
Disabled or Low Mobility
Describe how the ability for priority
populations to use active transportation
will be advanced with this proposed
project. Include specific project area
schools and statistics that support the
priority population boxes checked
above.
According to MnDOT's STEPP tool, Sheridan Hills has 61% students of
color or American Indian, 48.8% students eligible for free/reduced lunch,
21% students receiving special education services, and 26.9% students
who are English learners.
In the adjacent neighborhood (an area bounded by Hwy 62, Penn Ave,
66th Street, and Xerxes Ave), city data indicates that there are 522 rental
properties in the adjacent neighborhood. This includes 165 naturally
occurring affordable housing rentals, 30 of which are subsidized. The
EPA's EJScreen tool indicates that 11% of residents have low income, 40%
are people of color, 10% persons with disabilities, 50% rent their primary
home, 13% are under the age of 18, 21% are over the age of 65, and 9% of
households have limited English. According to 2019-2023 ACS data, 15%
of households in this Census block group (024100.02) have no vehicle.
This project will add to the sidewalk network in the area and provide safer
crossing infrastructure at two intersections, primarily for routes to the east
of the school property, where the majority of the high density residential
properties are located.
O. Safe Routes to School Equity Score
Page 47 of 74
V. Attachments
Approved applicant entity resolution of
support (PDF)
https://www.formstack.com/admin/download/file/17466031341
For all eligible non-Tribal applicants:
Applicant entity subdivision
certification, regulations, or ordinances.
(PDF)
https://www.formstack.com/admin/download/file/17466031345
Engineering or planning-based cost
estimate with itemized breakdown
(Excel)
https://www.formstack.com/admin/download/file/17466031369
Timeline of project indicating major
milestones and their anticipated
completion dates (PDF)
https://www.formstack.com/admin/download/file/17466031393
Safe Routes to School (SRTS) Plan
and/or other non-motorized
transportation plan or study that
identifies the proposed project or
improvements (PDF) - or - a link to the
documents if publicly available
elsewhere
https://www.formstack.com/admin/download/file/17466031394
Any revisions, addenda or public
engagement surveys updating the
above documents (if applicable) (PDF)
https://www.formstack.com/admin/download/file/17466031395
At least one location map with project
routes or improvements identified. If
you choose to include project photos,
please make sure the project location
map is the first page in this attachment
(PDF)
https://www.formstack.com/admin/download/file/17466031396
Upload additional supporting document
here. Please merge multiple similar
documents together (say three letters of
support) or if additional upload slots are
required.
https://www.formstack.com/admin/download/file/17466031397
Upload additional supporting document
here. Please merge multiple similar
documents together (say three letters of
support) or if additional upload slots are
required.
https://www.formstack.com/admin/download/file/17466031442
Page 48 of 74
Upload additional supporting document
here. Please merge multiple similar
documents together (say three letters of
support) or if additional upload slots are
required.
https://www.formstack.com/admin/download/file/17466031459
VI. Conflict of Interest Disclosure
Having had the opportunity to review
the above Organizational Conflict of
Interest Checklist, the applicant hereby
indicates that it has, to the best of its
knowledge and belief:
Determined that no potential organization conflict of interest exists
VII. Affirmation of Noncollusion
The Applicant affirms that this
solicitation response has been
submitted without collusion.
Yes
VIII. 2024 SRTS Infrastructure Application Submittal
The applicant affirms to the best of their
current knowledge and belief that this
grant application submittal is accurate
and complete.
Yes
Page 49 of 74
MnDOT Agreement No. 1062789
SAP No. 157-364-002
Revised October 2024 9
EXHIBIT E
GRANTEE RESOLUTION APPROVING GRANT AGREEMENT
Page 50 of 74
RESOLUTION NO.
AUTHORIZING EXECUTION OF MNDOT AGREEMENT #1062789 SETTING GRANT
TERMS AND CONDITIONS FOR THE DISBURSEMENT OF STATE ACTIVE
TRANSPORTATION FUNDING FOR SAP 157-364-002
WHEREAS, the City of Richfield has applied to the Commissioner of Transportation
for a grant from the Safe Routes to School Account; and
WHEREAS, the Commissioner of Transportation has given notice that funding for this
project is available; and
WHEREAS, the amount of the grant has been determined to be $401,343.25 by
reason of the lowest responsible bid;
NOW, THEREFORE, BE IT RESOLVED, that the City of Richfield does hereby agree
to the terms and conditions of the grant consistent with Minnesota Statutes, section 174.40,
and will pay any additional amount by which the cost exceeds the estimate, and will return
to the Safe Routes to Schools Account any amount appropriated for the project but not
required. The proper City officers are authorized to execute a grant agreement and any
amendments thereto with the Commissioner of Transportation concerning the above-
referenced grant.
Adopted by the City Council of the City of Richfield, Minnesota this 28th day of April,
2026.
Mary B. Supple, Mayor
ATTEST:
Michelle Friedrich, City Clerk
Page 51 of 74
MnDOT Agreement No. 1062789
SAP No. 157-364-002
Revised October 2024 11
EXHIBIT F
GENERAL TERMS AND CONDITIONS FOR
SAFE ROUTES TO SCHOOLS (SRTS) GRANTS
Article I
DEFINITIONS
Section 1.01 Defined Terms. The following terms shall have the meanings set out respectively after
each such term (the meanings to be equally applicable to both the singular and plural forms of the terms
defined) unless the context specifically indicates otherwise:
“Advance(s)” - means an advance made or to be made by MnDOT to the Public Entity and disbursed
in accordance with the provisions contained in Article VI hereof.
“Agreement” - means the Safe Routes to Schools Grant Agreement between the Public Entity and the
Minnesota Department of Transportation to which this Exhibit is attached.
“Certification” - means the certification, in the form attached as Exhibit C, in which the Public Entity
acknowledges that its interest in the Real Property is bond financed property within the meaning of Minn. Stat.
Sec. 16A.695 and is subject to certain restrictions imposed thereby.
“Code” - means the Internal Revenue Code of 1986, as amended, and all treasury regulations, revenue
procedures and revenue rulings issued pursuant thereto.
“Commissioner” - means the Commissioner of Minnesota Management & Budget.
“Commissioner’s Order” - means the “Fourth Order Amending Order of the Commissioner of Minnesota
Management & Budget Relating to Use and Sale of State Bond Financed Property” dated July 30, 2012, as it
may be amended or supplemented.
“Completion Date” - means the projected date for completion of the Project as indicated in the
Agreement.
“Construction Contract Documents” - means the document or documents, in form and substance
acceptable to MnDOT, including but not limited to any construction plans and specifications and any exhibits,
amendments, change orders, modifications thereof or supplements thereto, which collectively form the
contract between the Public Entity and the Contractor(s) for the completion of the Construction Items on or
before the Completion Date for either a fixed price or a guaranteed maximum price.
“Construction Items” - means the work to be performed under the Construction Contract Documents.
“Contractor” - means any person engaged to work on or to furnish materials and supplies for the
Construction Items including, if applicable, a general contractor.
“Draw Requisition” - means a draw requisition that the Public Entity, or its designee, submits to MnDOT
when an Advance is requested, as referred to in Section 4.02.
Page 52 of 74
MnDOT Agreement No. 1062789
SAP No. 157-364-002
Revised October 2024 12
“G.O. Bonds” - means the state general obligation bonds issued under the authority granted in Article
XI, Sec. 5(a) of the Minnesota Constitution, the proceeds of which are used to fund the SRTS Grant, and any
bonds issued to refund or replace such bonds.
“Grant Application” - means the grant application that the Public Entity submitted to MnDOT which is
attached as Exhibit D.
“SRTS Grant” - means a grant from MnDOT to the Public Entity under the SRTS in the amount specified
in the Agreement, as such amount may be modified under the provisions hereof.
“SRTS” - means the Safe Routes to School Program pursuant to Minn. Stat. Sec. 174.40 and rules
relating thereto.
“MnDOT” - means the Minnesota Department of Transportation.
“Outstanding Balance of the SRTS Grant” - means the portion of the SRTS Grant that has been disbursed
to the Public Entity minus any amounts returned to the Commissioner.
“Project” - means the Project identified in the Agreement to be totally or partially funded with a SRTS
grant.
“Public Entity” - means the grantee of the SRTS Grant and identified as the Public Entity in the
Agreement.
“Real Property” - means the real property identified in the Agreement on which the Project is located.
Article II
GRANT
Section 2.01 Grant of Monies. MnDOT shall make the SRTS Grant to the Public Entity, and disburse
the proceeds in accordance with the terms and conditions herein.
Section 2.02 Public Ownership, The Public Entity acknowledges and agrees that the SRTS Grant is
being funded with the proceeds of G.O. Bonds, and as a result all of the Real Property must be owned by one
or more public entities. The Public Entity represents and warrants to MnDOT that it has one or more of the
following ownership interests in the Real Property: (i) fee simple ownership, (ii) an easement that is for a term
that extends beyond the date that is 37.5 years from the Agreement effective date, or such shorter term as
authorized by statute, and which cannot be modified or terminated early without the prior written consent of
MnDOT and the Commissioner; and/or (iii) a prescriptive easement for a term that extends beyond the date
that is 37.5 years from the Agreement effective date.
Section 2.03 Use of Grant Proceeds. The Public Entity shall use the SRTS Grant solely to reimburse
itself for expenditures it has already made, or will make, to pay the costs of one of the following applicable
activities: (i) acquisition of land or permanent easements, (ii) predesign, design, preliminary and final
engineering and environmental studies authorized under Minn. Stat. Sec. 174.40, subdiv. 1b, or (iii)
construction and reconstruction of publicly owned infrastructure in this state with a useful life of at least 10
years that provides nonmotorized transportation to and from a school.
Section 2.04 Operation of the Real Property. The Real Property must be used by the Public Entity in
conjunction with or for nonmotorized transportation. The Public Entity shall have no intention on the effective
date of the Agreement to use the Real Property as a trunk highway or any part of a trunk highway. The Public
Page 53 of 74
MnDOT Agreement No. 1062789
SAP No. 157-364-002
Revised October 2024 13
Entity must annually determine that the Real Property is being used for the purposes specified in this Section
and, upon written request by either MnDOT or the Commissioner, shall supply a notarized statement to that
effect.
Section 2.05 Sale or Lease of Real Property. The Public Entity shall not (i) sell or transfer any part of
its ownership interest in the Real Property, or (ii) lease out or enter into any contract that would allow another
entity to use or operate the Real Property without the written consent of both MnDOT and the Commissioner.
The sale or transfer of any part of the Public Entity’s ownership interest in the Real Property, or any lease or
contract that would allow another entity to use or operate the Real Property, must comply with the
requirements imposed by Minn. Stat. Sec. 16A.695 and the Commissioner’s Order regarding such sale or
lease.
Section 2.06 Public Entity’s Representations and Warranties. The Public Entity represents and
warrants to MnDOT that:
A. It has legal authority to execute, deliver and perform the Agreement and all documents referred to
therein, and it has taken all actions necessary to its execution and delivery of such documents.
B. It has the ability and a plan to fund the operation of the Real Property for the purposes specified
in Section 2.04, and will include in its annual budget all funds necessary for the operation of the
Real Property for such purposes.
C. The Agreement and all other documents referred to therein are the legal, valid and binding
obligations of the Public Entity enforceable against the Public Entity in accordance with their
respective terms.
D. It will comply with all of the provisions of Minn. Stat. Sec. 16A.695, the Commissioner’s Order
and the SRTS. It has legal authority to use the G.O. Grant for the purpose or purposes described
in this Agreement.
E. All of the information it has submitted or will submit to MnDOT or the Commissioner relating to
the SRTS Grant or the disbursement of the SRTS Grant is and will be true and correct.
F. It is not in violation of any provisions of its charter or of the laws of the State of Minnesota, and
there are no actions or proceedings pending, or to its knowledge threatened, before any judicial
body or governmental authority against or affecting it relating to the Real Property, or its
ownership interest therein, and it is not in default with respect to any order, writ, injunction, decree,
or demand of any court or any governmental authority which would impair its ability to enter into
the Agreement or any document referred to herein, or to perform any of the acts required of it in
such documents.
G. Neither the execution and delivery of the Agreement or any document referred to herein nor
compliance with any of the provisions or requirements of any of such documents is prevented by,
is a breach of, or will result in a breach of, any provision of any agreement or document to which
it is now a party or by which it is bound.
H. The contemplated use of the Real Property will not violate any applicable zoning or use statute,
ordinance, building code, rule or regulation, or any covenant or agreement of record relating
thereto.
Page 54 of 74
MnDOT Agreement No. 1062789
SAP No. 157-364-002
Revised October 2024 14
I. The Project will be completed and the Real Property will be operated in full compliance with all
applicable laws, rules, ordinances, and regulations of any federal, state, or local political
subdivision having jurisdiction over the Project and the Real Property.
J. All applicable licenses, permits and bonds required for the performance and completion of the
Project and for the operation of the Real Property as specified in Section 2.04 have been, or will
be, obtained.
K. It reasonably expects to possess its ownership interest in the Real Property described in Section
2.02 for at least 37.5 years, and it does not expect to sell such ownership interest.
L. It does not expect to lease out or enter into any contract that would allow another entity to use or
operate the Real Property.
M. It will supply whatever funds are needed in addition to the SRTS Grant to complete and fully pay
for the Project.
N. The Construction Items will be completed substantially in accordance with the Construction
Contract Documents by the Completion Date and all such items will be situated entirely on the
Real Property.
O. It will require the Contractor or Contractors to comply with all rules, regulations, ordinances, and
laws bearing on its performance under the Construction Contract Documents.
P. It shall furnish such satisfactory evidence regarding the representations and warranties described
herein as may be required and requested by either MnDOT or the Commissioner.
Q. It has made no material false statement or misstatement of fact in connection with its receipt of the
G.O. Grant, and all the information it has submitted or will submit to the State Entity or
Commissioner of MMB relating to the G.O. Grant or the disbursement of any of the G.O. Grant
is and will be true and correct.
Section 2.07 Event(s) of Default. The following events shall, unless waived in writing by MnDOT and
the Commissioner, constitute an Event of Default under the Agreement upon either MnDOT or the
Commissioner giving the Public Entity 30 days’ written notice of such event and the Public Entity’s failure to
cure such event during such 30-day time period for those Events of Default that can be cured within 30 days
or within whatever time period is needed to cure those Events of Default that cannot be cured within 30 days
as long as the Public Entity is using its best efforts to cure and is making reasonable progress in curing such
Events of Default; however, in no event shall the time period to cure any Event of Default exceed six (6)
months unless otherwise consented to, in writing, by MnDOT and the Commissioner.
A. If any representation, covenant, or warranty made by the Public Entity herein or in any other
document furnished pursuant to the Agreement, or to induce MnDOT to disburse the SRTS Grant,
shall prove to have been untrue or incorrect in any material respect or materially misleading as of
the time such representation, covenant, or warranty was made.
B. If the Public Entity fails to fully comply with any provision, covenant, or warranty contained
herein.
Page 55 of 74
MnDOT Agreement No. 1062789
SAP No. 157-364-002
Revised October 2024 15
C. If the Public Entity fails to fully comply with any provision, covenant or warranty contained in
Minn. Stat. Sec. 16A.695, the Commissioner’s Order, or Minn. Stat. Sec. 174.40 and all rules
related thereto.
D. If the Public Entity fails to use the proceeds of the SRTS Grant for the purposes set forth in Section
2.03, the Grant Application, and in accordance with the SRTS.
E. If the Public Entity fails to operate the Real Property for the purposes specified in Section 2.04.
F. If the Public Entity fails to complete the Project by the Completion Date.
G. If the Public Entity sells or transfers any portion of its ownership interest in the Real Property
without first obtaining the written consent of both MnDOT and the Commissioner.
H. If the Public Entity fails to provide any additional funds needed to fully pay for the Project.
I. If the Public Entity fails to supply the funds needed to operate the Real Property in the manner
specified in Section 2.04.
Notwithstanding the foregoing, any of the above events that cannot be cured shall, unless waived in writing
by MnDOT and the Commissioner, constitute an Event of Default under the Agreement immediately upon
either MnDOT or the Commissioner giving the Public Entity written notice of such event.
Section 2.08 Remedies. Upon the occurrence of an Event of Default and at any time thereafter until
such Event of Default is cured to the satisfaction of MnDOT, MnDOT or the Commissioner may enforce any
or all of the following remedies.
A. MnDOT may refrain from disbursing the SRTS Grant; provided, however, MnDOT may make
such disbursements after the occurrence of an Event of Default without waiving its rights and
remedies hereunder.
B. If the Event of Default involves a sale of the Public Entity’s interest in the Real Property in
violation of Minn. Stat. Sec. 16A.695 or the Commissioner’s Order, the Commissioner, as a third
party beneficiary of the Agreement, may require that the Public Entity pay the amounts that would
have been paid if there had been compliance with such provisions. For other Events of Default,
the Commissioner may require that the Outstanding Balance of the SRTS Grant be returned to it.
C. Either MnDOT or the Commissioner, as a third party beneficiary of the Agreement, may enforce
any additional remedies it may have in law or equity.
The rights and remedies specified herein are cumulative and not exclusive of any rights or remedies that
MnDOT or the Commissioner would otherwise possess.
If the Public Entity does not repay the amounts required to be paid under this Section or under any other
provision contained herein within 30 days of demand by the Commissioner, or any amount ordered by a court
of competent jurisdiction within 30 days of entry of judgment against the Public Entity and in favor of MnDOT
and/or the Commissioner, then such amount may, unless precluded by law, be offset against any aids or other
monies that the Public Entity is entitled to receive from the State of Minnesota.
Section 2.09 Notification of Event of Default. The Public Entity shall furnish to MnDOT and the
Commissioner, as soon as possible and in any event within seven (7) days after it has obtained knowledge of
Page 56 of 74
MnDOT Agreement No. 1062789
SAP No. 157-364-002
Revised October 2024 16
the occurrence of each Event of Default, a statement setting forth details of each Event of Default and the
action which the Public Entity proposes to take with respect thereto.
Section 2.10 Effect of Event of Default. The Agreement shall survive Events of Default and remain in
full force and effect, even upon full disbursement of the SRTS Grant, and shall only be terminated under the
circumstances set forth in Section 2.11.
Section 2.11 Termination of Agreement and Modification of SRTS Grant.
A. If the Project is not started within five (5) years after the effective date of the Agreement or the
SRTS Grant has not been disbursed within four (4) years after the date the Project was started, MnDOT’ s
obligation to fund the SRTS Grant shall terminate. In such event, (i) if none of the SRTS Grant has been
disbursed by such date, MnDOT shall have no obligation to fund the SRTS Grant and the Agreement will
terminate, and (ii) if some but not all of the SRTS Grant has been disbursed by such date, MnDOT shall have
no further obligation to provide any additional funding for the SRTS Grant and the Agreement shall remain in
force but shall be modified to reflect the amount of the SRTS Grant that was actually disbursed and the Public
Entity is still obligated to complete the Project by the Completion Date.
B. The Agreement shall terminate upon the Public Entity’s sale of its interest in the Real Property
and transmittal of the required portion of the proceeds of the sale to the Commissioner in compliance with
Minn. Stat. Sec. 16A.695 and the Commissioner’s Order, or upon the termination of the Public Entity’s
ownership interest in the Real Property if such ownership interest is an easement.
Section 2.12 Excess Funds. If the full amount of the G.O. Grant and any matching funds referred to in
Section 5.13 are not needed to complete the Project, then, unless language in the G.O. Bonding Legislation
indicates otherwise, the G.O. Grant shall be reduced by the amount not needed.
Article III
COMPLIANCE WITH MINNESOTA STATUTE, SEC. 16A.695
AND THE COMMISSIONER’S ORDER
Section 3.01 State Bond Financed Property. The Public Entity acknowledges that its interest in the
Real Property is, or when acquired by it will be, “state bond financed property”, as such term is used in Minn.
Stat. Sec. 16A.695 and the Commissioner’s Order and, therefore, the provisions contained in such statute and
order apply, or will apply, to its interest in the Real Property, even if the SRTS Grant will only pay for a portion
of the Project.
Section 3.02 Preservation of Tax Exempt Status. In order to preserve the tax-exempt status of the
G.O. Bonds, the Public Entity agrees as follows:
A. It will not use the Real Property or use or invest the SRTS Grant or any other sums treated as
“bond proceeds” under Section 148 of the Code (including “investment proceeds,” “invested
sinking funds” and “replacement proceeds”) in such a manner as to cause the G.O. Bonds to be
classified as “arbitrage bonds” under Code Section 148.
B. It will deposit and hold the SRTS Grant in a segregated non-interest-bearing account until such
funds are used for payments for the Project.
C. It will, upon written request, provide the Commissioner all information required to satisfy the
informational requirements set forth in the Code, including Sections 103 and 148, with respect to
the G.O. Bonds.
Page 57 of 74
MnDOT Agreement No. 1062789
SAP No. 157-364-002
Revised October 2024 17
D. It will, upon the occurrence of any act or omission by the Public Entity that could cause the interest
on the G.O. Bonds to no longer be tax exempt and upon direction from the Commissioner, take
such actions and furnish such documents as the Commissioner determines to be necessary to
ensure that the interest to be paid on the G.O. Bonds is exempt from federal taxation, which such
action may include: (i) compliance with proceedings intended to classify the G.O. Bonds as a
“qualified bond” within the meaning of Code Section 141(e), or (ii) changing the nature of the use
of the Real Property so that none of the net proceeds of the G.O. Bonds will be deemed to be used,
directly or indirectly, in an “unrelated trade or business” or for any “private business use” within
the meaning of Code Sections 141(b) and 145(a).
E. It will not otherwise use any of the SRTS Grant or take, permit or cause to be taken, or omit to
take, any action that would adversely affect the exemption from federal income taxation of the
interest on the G.O. Bonds, and if it should take, permit or cause to be taken, or omit to take, as
appropriate, any such action, it shall take all lawful actions necessary to correct such actions or
omissions promptly upon obtaining knowledge thereof.
Section 3.03 Changes to G.O. Compliance Legislation or the Commissioner’s Order. If Minn. Stat.
Sec. 16A.695 or the Commissioner’s Order is amended in a manner that reduces any requirement imposed
against the Public Entity, or if the Public Entity’s interest in the Real Property becomes exempted from Minn.
Stat. Sec. 16A.695 and the Commissioner’s Order, then upon written request by the Public Entity, MnDOT
shall execute an amendment to the Agreement to implement such amendment or exempt the Public Entity’s
interest in the Real Property from Minn. Stat. Sec. 16A.695 and the Commissioner’s Order.
Article IV
DISBURSEMENT OF GRANT PROCEEDS
Section 4.01 The Advances. MnDOT agrees, on the terms and subject to the conditions set forth herein,
to make Advances of the SRTS Grant to the Public Entity from time to time in an aggregate total amount not
to exceed the amount of the SRTS Grant. If the amount of SRTS Grant that MnDOT cumulatively disburses
hereunder to the Public Entity is less than the amount of the SRTS Grant delineated in Section 1.01, then
MnDOT and the Public Entity shall enter into and execute whatever documents MnDOT may request in order
to amend or modify this Agreement to reduce the amount of the SRTS Grant to the amount actually disbursed.
Provided, however, in accordance with the provisions contained in Section 2.11, MnDOT’s obligation to make
Advances shall terminate as of the dates specified in Section 2.11 even if the entire SRTS Grant has not been
disbursed by such dates.
Advances shall only be for expenses that (i) are for those items of a capital nature delineated in Source
and Use of Funds that is attached as Exhibit A, (ii) accrued no earlier than the effective date of the legislation
that appropriated the funds that are used to fund the SRTS Grant, or (iii) have otherwise been consented to, in
writing, by the Commissioner.
It is the intent of the parties hereto that the rate of disbursement of the Advances shall not exceed the rate of
completion of the Project or the rate of disbursement of the matching funds required, if any, under Section
5.13. Therefore, the cumulative amount of all Advances disbursed by the State Entity at any point in time
shall not exceed the portion of the Project that has been completed and the percentage of the matching funds
required, if any, under Section 5.13 that have been disbursed as of such point in time. This requirement is
expressed by way of the following two formulas:
Page 58 of 74
MnDOT Agreement No. 1062789
SAP No. 157-364-002
Revised October 2024 18
Formula #1:
Cumulative Advances < (Program Grant) × (percentage of matching funds, if any, required under
Section 5.13 that have been disbursed)
Formula #2:
Cumulative Advances < (Program Grant) × (percentage of Project completed)
Section 4.02 Draw Requisitions. Whenever the Public Entity desires a disbursement of a portion of
the SRTS Grant the Public Entity shall submit to MnDOT a Draw Requisition duly executed on behalf of the
Public Entity or its designee. Each Draw Requisition with respect to construction items shall be limited to
amounts equal to: (i) the total value of the classes of the work by percentage of completion as approved by the
Public Entity and MnDOT, plus (ii) the value of materials and equipment not incorporated in the Project but
delivered and suitably stored on or off the Real Property in a manner acceptable to MnDOT, less (iii) any
applicable retainage, and less (iv) all prior Advances.
Notwithstanding anything herein to the contrary, no Advances for materials stored on or off the Real
Property will be made by MnDOT unless the Public Entity shall advise MnDOT, in writing, of its intention to
so store materials prior to their delivery and MnDOT has not objected thereto.
At the time of submission of each Draw Requisition, other than the final Draw Requisition, the Public
Entity shall submit to MnDOT such supporting evidence as may be requested by MnDOT to substantiate all
payments which are to be made out of the relevant Draw Requisition or to substantiate all payments then made
with respect to the Project.
The final Draw Requisition shall not be submitted before completion of the Project, including any
correction of material defects in workmanship or materials (other than the completion of punch list items). At
the time of submission of the final Draw Requisition the Public Entity shall submit to MnDOT: (I) such
supporting evidence as may be requested by MnDOT to substantiate all payments which are to be made out
of the final Draw Requisition or to substantiate all payments then made with respect to the Project, and (ii)
satisfactory evidence that all work requiring inspection by municipal or other governmental authorities having
jurisdiction has been duly inspected and approved by such authorities and that all requisite certificates and
other approvals have been issued.
If on the date an Advance is desired the Public Entity has complied with all requirements of this
Agreement and MnDOT approves the relevant Draw Requisition, then MnDOT shall disburse the amount of
the requested Advance to the Public Entity.
Section 4.03 Additional Funds. If MnDOT shall at any time in good faith determine that the sum of
the undisbursed amount of the SRTS Grant plus the amount of all other funds committed to the Project is less
than the amount required to pay all costs and expenses of any kind which reasonably may be anticipated in
connection with the Project, then MnDOT may send written notice thereof to the Public Entity specifying the
amount which must be supplied in order to provide sufficient funds to complete the Project. The Public Entity
agrees that it will, within 10 calendar days of receipt of any such notice, supply or have some other entity
supply the amount of funds specified in MnDOT's notice.
Section 4.04 Condition Precedent to Any Advance. The obligation of MnDOT to make any Advance
hereunder (including the initial Advance) shall be subject to the following conditions precedent:
A. MnDOT shall have received a Draw Requisition for such Advance specifying the amount of funds
being requested, which such amount when added to all prior requests for an Advance shall not
exceed the amount of the SRTS Grant set forth in Section 1.01.
Page 59 of 74
MnDOT Agreement No. 1062789
SAP No. 157-364-002
Revised October 2024 19
B. No Event of Default under this Agreement or event which would constitute an Event of Default
but for the requirement that notice be given or that a period of grace or time elapse shall have
occurred and be continuing.
C. No determination shall have been made by MnDOT that the amount of funds committed to the
Project is less than the amount required to pay all costs and expenses of any kind that may
reasonably be anticipated in connection with the Project, or if such a determination has been made
and notice thereof sent to the Public Entity under Section 4.03, then the Public Entity has supplied,
or has caused some other entity to supply, the necessary funds in accordance with such section or
has provided evidence acceptable to MnDOT that sufficient funds are available.
D. The State Entity shall have received evidence, in form and substance acceptable to the State Entity,
that the Public Entity has sufficient funds to fully and completely pay for the Project and all other
expenses that may occur in conjunction therewith.
E. The Public Entity has supplied to the State Entity all other items that the State Entity may
reasonably require
Section 4.05 Processing and Disbursement of Advances. The Public Entity acknowledges and agrees
as follows:
A. Advances are not made prior to completion of work performed on the Project.
B. All Advances are processed on a reimbursement basis.
C. The Public Entity must first document expenditures to obtain an Advance.
D. Reimbursement requests are made on a partial payment basis or when the Project is completed.
E. All payments are made following the “Delegated Contract Process or State Aid Payment Request”
as requested and approved by the appropriate district state aid engineer.
Section 4.06 Construction Inspections. The Public Entity shall be responsible for making its own
inspections and observations regarding the completion of the Project, and shall determine to its own
satisfaction that all work done or materials supplied have been properly done or supplied in accordance with
all contracts that the Public Entity has entered into regarding the completion of the Project.
Article V
MISCELLANEOUS
Section 5.01 Insurance. If the Public Entity elects to maintain general comprehensive liability insurance
regarding the Real Property, then the Public Entity shall have MnDOT named as an additional named insured
therein.
Section 5.02 Condemnation. If, after the Public Entity has acquired the ownership interest set forth in
Section 2.02, all or any portion of the Real Property is condemned to an extent that the Public Entity can no
longer comply with Section 2.04, then the Public Entity shall, at its sole option, either: (i) use the condemnation
proceeds to acquire an interest in additional real property needed for the Public Entity to continue to comply
with Section 2.04 and to provide whatever additional funds that may be needed for such purposes, or (ii) submit
a request to MnDOT and the Commissioner to allow it to sell the remaining portion of its interest in the Real
Page 60 of 74
MnDOT Agreement No. 1062789
SAP No. 157-364-002
Revised October 2024 20
Property. Any condemnation proceeds which are not used to acquire an interest in additional real property
shall be applied in accordance with Minn. Stat. Sec. 16A.695 and the Commissioner’s Order as if the Public
Entity’s interest in the Real Property had been sold. If the Public Entity elects to sell its interest in the portion
of the Real Property that remains after the condemnation, such sale must occur within a reasonable time period
after the date the condemnation occurred and the cumulative sum of the condemnation and sale proceeds
applied in accordance with Minn. Stat. Sec. 16A.695 and the Commissioner’s Order.
If MnDOT receives any condemnation proceeds referred to herein, MnDOT agrees to or pay over to the Public
Entity all of such condemnation proceeds so that the Public Entity can comply with the requirements of this
Section.
Section 5.03 Use, Maintenance, Repair and Alterations. The Public Entity shall not, without the
written consent of MnDOT and the Commissioner, (i) permit or allow the use of any of the Real Property for
any purpose other than the purposes specified in Section 2.04, (ii) substantially alter any of the Real Property
except such alterations as may be required by laws, ordinances or regulations, or such other alterations as may
improve the Real Property by increasing its value or which improve its ability to be used for the purposes set
forth in Section 2.04, (iii) take any action which would unduly impair or depreciate the value of the Real
Property, (iv) abandon the Real Property, or (v) commit or permit any act to be done in or on the Real Property
in violation of any law, ordinance or regulation.
If the Public Entity fails to maintain the Real Property in accordance with this Section, MnDOT may perform
whatever acts and expend whatever funds necessary to so maintain the Real Property, and the Public Entity
irrevocably authorizes MnDOT to enter upon the Real Property to perform such acts as may be necessary to
so maintain the Real Property. Any actions taken or funds expended by MnDOT shall be at its sole discretion,
and nothing contained herein shall require MnDOT to take any action or incur any expense and MnDOT shall
not be responsible, or liable to the Public Entity or any other entity, for any such acts that are performed in
good faith and not in a negligent manner. Any funds expended by MnDOT pursuant to this Section shall be
due and payable on demand by MnDOT and will bear interest from the date of payment by MnDOT at a rate
equal to the lesser of the maximum interest rate allowed by law or 18% per year based upon a 365-day year.
Section 5.04 Recordkeeping and Reporting. The Public Entity shall maintain books and records
pertaining to Project costs and expenses needed to comply with the requirements contained herein, Minn. Stat.
Sec. 16A.695, the Commissioner’s Order, and Minn. Stat. Sec. 174.40 and all rules related thereto, and upon
request shall allow MnDOT, its auditors, the Legislative Auditor for the State of Minnesota, or the State
Auditor for the State of Minnesota, to inspect, audit, copy, or abstract all of such items. The Public Entity
shall use generally accepted accounting principles in the maintenance of such items, and shall retain all of such
books and records for a period of six years after the date that the Project is fully completed and placed into
operation.
Section 5.05 Inspections by MnDOT. The Public Entity shall allow MnDOT to inspect the Real
Property upon reasonable request by MnDOT and without interfering with the normal use of the Real Property.
Section 5.06 Liability. The Public Entity and MnDOT agree that each will be responsible for its own
acts and the results thereof to the extent authorized by law, and neither shall be responsible for the acts of the
other party and the results thereof. The liability of MnDOT and the Commissioner is governed by the
provisions of Minn. Stat. Sec. 3.736. If the Public Entity is a “municipality” as that term is used in Minn. Stat.
Chapter 466, then the liability of the Public Entity is governed by the provisions of Chapter 466. The Public
Entity’s liability hereunder shall not be limited to the extent of insurance carried by or provided by the Public
Entity, or subject to any exclusion from coverage in any insurance policy.
Page 61 of 74
MnDOT Agreement No. 1062789
SAP No. 157-364-002
Revised October 2024 21
Section 5.07 Relationship of the Parties. Nothing contained in the Agreement is to be construed as
establishing a relationship of co-partners or joint venture among the Public Entity, MnDOT, or the
Commissioner, nor shall the Public Entity be considered to be an agent, representative, or employee of
MnDOT, the Commissioner, or the State of Minnesota in the performance of the Agreement or the Project.
No employee of the Public Entity or other person engaging in the performance of the Agreement or the Project
shall be deemed have any contractual relationship with MnDOT, the Commissioner, or the State of Minnesota
and shall not be considered an employee of any of those entities. Any claims that may arise on behalf of said
employees or other persons out of employment or alleged employment, including claims under the Workers’
Compensation Act of the State of Minnesota, claims of discrimination against the Public Entity or its officers,
agents, contractors, or employees shall in no way be the responsibility of MnDOT, the Commissioner, or the
State of Minnesota. Such employees or other persons shall not require nor be entitled to any compensation,
rights or benefits of any kind whatsoever from MnDOT, the Commissioner, or the State of Minnesota,
including tenure rights, medical and hospital care, sick and vacation leave, disability benefits, severance pay
and retirement benefits.
Section 5.08 Notices. In addition to any notice required under applicable law to be given in another
manner, any notices required hereunder must be in writing and personally served or sent by prepaid, registered,
or certified mail (return receipt requested), to the address of the party specified below or to such different
address as may in the future be specified by a party by written notice to the others:
To the Public Entity: At the address indicated on the first page of the Agreement.
To MnDOT at: Minnesota Department of Transportation
Office of State Aid
395 John Ireland Blvd., MS 500
Saint Paul, MN 55155
Attention: Patti Loken, State Aid Programs Engineer
To the Commissioner at: Minnesota Management & Budget
400 Centennial Office Bldg.
658 Cedar St.
St. Paul, MN 55155
Attention: Commissioner
Section 5.09 Assignment or Modification. Neither the Public Entity nor MnDOT may assign any of
its rights or obligations under the Agreement without the prior written consent of the other party.
Section 5.10 Waiver. Neither the failure by the Public Entity, MnDOT, or the Commissioner, as a third
party beneficiary of the Agreement, in one or more instances to insist upon the complete observance or
performance of any provision hereof, nor the failure of the Public Entity, MnDOT, or the Commissioner to
exercise any right or remedy conferred hereunder or afforded by law shall be construed as waiving any breach
of such provision or the right to exercise such right or remedy thereafter. In addition, no delay by any of the
Public Entity, MnDOT, or the Commissioner in exercising any right or remedy hereunder shall operate as a
waiver thereof, nor shall any single or partial exercise of any right or remedy preclude other or further exercise
thereof or the exercise of any other right or remedy.
Section 5.11 Choice of Law and Venue. All matters relating to the validity, interpretation,
performance, or enforcement of the Agreement shall be determined in accordance with the laws of the State
of Minnesota. All legal actions arising from any provision of the Agreement shall be initiated and venued in
the State of Minnesota District Court located in St. Paul, Minnesota.
Page 62 of 74
MnDOT Agreement No. 1062789
SAP No. 157-364-002
Revised October 2024 22
Section 5.12 Severability. If any provision of the Agreement is finally judged by any court to be
invalid, then the remaining provisions shall remain in full force and effect and they shall be interpreted,
performed, and enforced as if the invalid provision did not appear herein.
Section 5.13 Matching Funds. Any matching funds as shown on Page 1 of the Grant Agreement that
are required to be obtained and supplied by the Public Entity must either be in the form of (i) cash monies, (ii)
legally binding commitments for money, or (iii) equivalent funds or contributions, including equity, which
have been or will be used to pay for the Project. The Public Entity shall supply to MnDOT whatever
documentation MnDOT may request to substantiate the availability and source of any matching funds.
Section 5.14 Sources and Uses of Funds. The Public Entity represents to MnDOT and the
Commissioner that the Sources and Uses of Funds Schedule attached as Exhibit A accurately shows the total
cost of the Project and all of the funds that are available for the completion of the Project. The Public Entity
will supply any other information and documentation that MnDOT or the Commissioner may request to
support or explain any of the information contained in the Sources and Uses of Funds Schedule. If any of the
funds shown in the Sources and Uses of Funds Schedule have conditions precedent to the release of such funds,
the Public Entity must provide to MnDOT a detailed description of such conditions and what is being done to
satisfy such conditions.
Section 5.15 Project Completion Schedule. The Public Entity represents to MnDOT and the
Commissioner that the Project Completion Schedule attached as Exhibit B correctly and accurately sets forth
the projected schedule for the completion of the Project.
Section 5.16 Third-Party Beneficiary. The Governmental Program will benefit the State of Minnesota
and the provisions and requirements contained herein are for the benefit of both the State Entity and the State
of Minnesota. Therefore, the State of Minnesota, by and through its Commissioner of MMB, is and shall be a
third-party beneficiary of this Agreement.
Section 5.17 Public Entity Tasks. Any tasks that the Agreement imposes upon the Public Entity may
be performed by such other entity as the Public Entity may select or designate, provided that the failure of such
other entity to perform said tasks shall be deemed to be a failure to perform by the Public Entity.
Section 5.18 Data Practices. The Public Entity agrees with respect to any data that it possesses
regarding the G.O. Grant or the Project to comply with all of the provisions and restrictions contained in the
Minnesota Government Data Practices Act contained in Minnesota Statutes Chapter 13, as such may
subsequently be amended or replaced from time to time.
Section 5.19 Non-Discrimination. The Public Entity agrees to not engage in discriminatory
employment practices regarding the Project and it shall fully comply with all of the provisions contained in
Minnesota Statutes Chapters 363A and 181, as such may subsequently be amended or replaced from time to
time.
Section 5.20 Worker’s Compensation. The Public Entity agrees to comply with all of the provisions
relating to worker’s compensation contained in Minn. Stat. Secs. 176.181 subd. 2 and 176.182, as they may
be amended or replaced from time to time with respect to the Project.
Section 5.21 Antitrust Claims. The Public Entity hereby assigns to MnDOT and the Commissioner of
MMB all claims it may have for over charges as to goods or services provided with respect to the Project that
arise under the antitrust laws of the State of Minnesota or of the United States of America.
Page 63 of 74
MnDOT Agreement No. 1062789
SAP No. 157-364-002
Revised October 2024 23
Section 5.22 Prevailing Wages. The Public Entity agrees to comply with all of the applicable provisions
contained in Minnesota Statutes Chapter 177, and specifically those provisions contained in Minn. Stat.§.
177.41 through 177.435 as they may be amended or replaced from time to time with respect to the Project. By
agreeing to this provision, the Public Entity is not acknowledging or agreeing that the cited provisions apply
to the Project.
Section 5.23 Entire Agreement. The Agreement and all of the exhibits attached thereto embody the
entire agreement between the Public Entity and MnDOT, and there are no other agreements, either oral or
written, between the Public Entity and MnDOT on the subject matter hereof.
Section 5.24 E-Verification. The Public Entity agrees and acknowledges that it is aware of Minn.Stat.
§ 16C.075 regarding e-verification of employment of all newly hired employees to confirm that such
employees are legally entitled to work in the United States, and that it will, if and when applicable, fully
comply with such order.
Section 5.25 Telecommunications Certification. If federal funds are included in Exhibit A, by signing
this agreement, Contractor certifies that, consistent with Section 889 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019, Pub. L. 115-232 (Aug. 13, 2018), and 2 CFR 200.216, Contractor will
not use funding covered by this agreement to procure or obtain, or to extend, renew, or enter into any contract
to procure or obtain, any equipment, system, or service that uses “covered telecommunications equipment or
services” (as that term is defined in Section 889 of the Act) as a substantial or essential component of any
system or as critical technology as part of any system. Contractor will include this certification as a flow down
clause in any contract related to this agreement.
Section 5.26 Title VI/Non-discrimination Assurances. Public Entity agrees to comply with all
applicable US DOT Standard Title VI/Non-Discrimination Assurances contained in DOT Order No. 1050.2A,
and in particular Appendices A and E, which can be found at: https://edocs-
public.dot.state.mn.us/edocs_public/DMResultSet/download?docId=11149035. If federal funds are included
in Exhibit A, Public Entity will ensure the appendices and solicitation language within the assurances are
inserted into contracts as required. MnDOT may conduct a review of the Public Entity’s compliance with this
provision. The Public Entity must cooperate with MnDOT throughout the review process by supplying all
requested information and documentation to MnDOT, making Public Entity staff and officials available for
meetings as requested, and correcting any areas of non-compliance as determined by MnDOT.
Section 5.27 Electronic Records and Signatures. The parties agree to contract by electronic
means. This includes using electronic signatures and converting original documents to electronic records.
Section 5.28 Certification. By signing this Agreement, the Grantee certifies that it is not suspended or
debarred from receiving federal or state awards.
Page 64 of 74
City Council Meeting 4/28/2026
Agenda Section: Consent Calendar
Agenda Item: 8.e.
Report Prepared By:
Joe Powers, City Engineer
Department Director:
Kristin Asher, Public Works Director
Item for Consideration:
Consider approval of an Encroachment Agreement between the City of Richfield
and Herspace, LLC, allowing the property owner at 6440 Nicollet Avenue to
maintain an existing private parking lot and commercial sign within public right-
of-way.
EXECUTIVE SUMMARY
The property at 6440 Nicollet Avenue was recently purchased by Herspace, LLC in
order to operate a new co-working space franchised with The Coven. The property has
an existing parking lot and commercial sign that are located within City right-of-way.
Herspace, LLC desires to maintain the existing parking lot and sign structure in their
current locations and configuration. This agreement outlines terms and conditions for
the maintenance of the encroachments within the public right-of-way.
RECOMMENDED ACTION
Approve an Encroachment Agreement between the City of Richfield and
Herspace, LLC, allowing the property owner at 6440 Nicollet Avenue to maintain
an existing private parking lot and commercial sign within public right-of-way.
HISTORICAL CONTEXT
The property at 6440 Nicollet Avenue was most recently occupied by Richfield Medical
Group and the existing parking lot and sign have encroached on City right-of-way for at
least 25 years. The new property owner (Herspace, LLC) desires to maintain the
existing parking lot and sign structure. As the existing right-of-way is substantially wider
than typical in this location and the encroachments do not present any conflict with
current or future City needs, the City is amenable to allowing the maintenance of these
encroachments. This agreement outlines terms and conditions for the maintenance of
these encroachments by the property owner as well as processes for removal of the
encroachments should the City require use of the right-of-way in the future.
EQUITABLE OR STRATEGIC CONSIDERATIONS OR IMPACTS
Allowing the maintenance of these encroachments provides a reasonable and cost-
effective solution for a local small business.
POLICIES (RESOLUTIONS, ORDINANCES, REGULATIONS, STATUTES, ETC.)
The City does not typically allow private improvements to be built in public right-of-way
without an encroachment or other type of agreement.
Page 65 of 74
CRITICAL TIMING ISSUES
The encroachment agreement should be approved as soon as possible to minimize any
conflicts should the City require access to the right-of-way in this area. The property
owner is also planning to modify (but not relocate) the existing sign, and this agreement
should be in place prior to that work.
FINANCIAL IMPACT
None.
LEGAL CONSIDERATIONS
The City Attorney has drafted this agreement and will be available to answer questions.
ALTERNATIVE RECOMMENDATION(S)
None.
ATTACHMENTS
1. Encroachment Agreement (6440 Nicollet)-Herspace partial Executed
Page 66 of 74
Page 67 of 74
Page 68 of 74
Page 69 of 74
Page 70 of 74
Page 71 of 74
Page 72 of 74
Page 73 of 74
Page 74 of 74