03-27-00 agenda
CITY OF RICHFIELD, MINNESOTA
MONDAY, MARCH 27, 2000
RICHFIELD CITY HALL
COUNCIL CHAMBERS
6700 PORTLAND AVENUE
REGULAR CITY COUNCIL MEETING
7:00 P.M.
AGENDA
INTRODUCTORY PROCEEDINGS
is
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF MINUTES OF (1) SPECIAL CITY COUNCIL STUDY SESSION OF
MARCH 13, 2000 AND (2) REGULAR CITY COUNCIL MEETING OF MARCH 13, 2000
PRESENTATIONS
PRESENTATION OF RICHFIELD COMMUNITY CORE VALUES POSTER
INDIVIDUALS WHO WISH TO ADDRESS THE COUNCIL ARE REQUESTED TO PRINT
THEIR NAME AND ADDRESS ON THE SPEAKER'S REGISTER FOR THE RECORD.
2. OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS NOT ON
THE AGENDA
AGENDA APPROVAL
3. COUNCIL APPROVAL OF AGENDA
CONSENT CALENDAR
4. CONSENT CALENDAR CONTAINS SEVERAL SEPARATE ITEMS WHICH ARE
ACTED UPON BY THE CITY COUNCIL IN ONE MOTION. ONCE THE CONSENT
CALENDAR HAS BEEN APPROVED, THE INDIVIDUAL ITEMS AND
RECOMMENDED ACTIONS HAVE ALSO BEEN APPROVED. NO FURTHER
COUNCIL ACTION 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. CONSIDERATION OF APPROVAL OF SIGN APPRAISAL PROFESSIONAL
SERVICES AGREEMENT FOR 66TH STREET AND TRUNK HIGHWAY 77
INTERCHANGE PROJECT S.R. NO. 82
0
•
B. CONSIDERATION OF APPROVAL OF RESOLUTION GRANTING RENEWAL OF
LAWFUL GAMBLING LICENSE WITH INVESTIGATION FEE WAIVER FOR
RICHFIELD AMERICAN LEGION POST #435, 6501 PORTLAND AVENUE, S.R.
NO. 83
C. CONSIDERATION OF APPROVAL OF BID MINUTES/TABULATION AND AWARD
OF CONTRACT TO ALLIED BLACKTOP CO. FOR SEALCOATING WORK IN 2000
IN AMOUNT OF $174,878.65 S.R. NO. 84
D. CONSIDERATION OF APPROVAL OF CHANGE ORDER IN AMOUNT OF $28,900
TO CONSTRUCT BRIDGE ABUTMENTS AS PART OF G.L. CONTRACTING, INC.
CONTRACT FOR RAISING SELECTED TRAILS AT WOOD LAKE NATURE
CENTER S.R. NO. 85
E. CONSIDERATION OF APPROVAL OF APPOINTING PAM DMYTRENKO,
ASSISTANT TO THE CITY MANAGER, AS CITY OF RICHFIELD'S LIAISON
VOTING MEMBER FOR METROPOLITAN AIRPORT SOUND ABATEMENT
COUNCIL S.R. NO. 86
F. CONSIDERATION OF APPROVAL OF LEASE AGREEMENT BETWEEN CITY OF
RICHFIELD AND HENNEPIN COUNTY FOR NEW ELECTION EQUIPMENT S.R.
NO. 87
G. CONSIDERATION OF APPROVAL OF ITINERANT PLACE OF AMUSEMENT
LICENSE WITH FEE WAIVER FOR RICHFIELD WOMEN OF TODAY ANNUAL
RICHFIELD COMMUNITY EASTER EGG HUNT AT AUGSBURG PARK ON APRIL
9 S.R. NO. 88
H. CONSIDERATION OF APPROVAL OF CONSENT AND CONFLICT WAIVER FOR
LEONARD, STREET AND DEINARD REGARDING REDEVELOPMENT OF
PROPERTY AT 7600 LYNDALE AVENUE WITHIN LYNDALE GATEWAY
REDEVELOPMENT AREA S.R. NO. 89
PUBLIC HEARINGS
5. PUBLIC HEARING REGARDING RESOLUTION APPROVING TRANSFER OF
CONTROL OF KBL CABLE SYSTEMS OF THE SOUTHWEST, INC., CABLE
TELEVISION FRANCHISEE, RESULTING FROM MERGER OF TIME WARNER,
INC. AND AMERICAN ONLINE, INC. INTO AOL TIME WARNER, INC.
STAFF REPORT NO. 90
6. PUBLIC HEARING AND SECOND READING OF ORDINANCE AMENDMENT TO
CITY ADMINISTRATIVE CODE SECTION 1, SUBSECTION 310.33, 310.37 AND
310.07 DESCRIBING VACATION LEAVE, PERSONAL LEAVE AND BACKGROUND
INVESTIGATIONS
STAFF REPORT NO. 91
0
7. PUBLIC HEARING REGARDING NEW 3.2 PERCENT MALT LIQUOR LICENSE FOR
HOPES CHOW MEIN RESTAURANT, 6700 PENN AVENUE
STAFF REPORT NO. 92
RESOLUTION
8. CONSIDERATION OF RESOLUTION AWARDING SALE OF $1,630,000 GENERAL
OBLIGATION TAX EXEMPT TAX INCREMENT BONDS, SERIES 2000A FIXING
FORM AND SPECIFICATIONS, DIRECTING EXECUTION AND DELIVERY, AND
PROVIDING FOR PAYMENT TO ASSIST IN FINANCING LYNDALE GATEWAY
REDEVELOPMENT
STAFF REPORT NO. 93
ADMINISTRATIVE REPORTS AND OTHER BUSINESS.
9. CONSIDERATION OF CONTRACT WITH MOTOROLA TO PURCHASE DISPATCH
CONSOLE EQUIPMENT TO MOVE RICHFIELD'S POLICE AND FIRE DISPATCH
OPERATIONS ONTO PLANNED REGIONAL 800 MEGAHERTZ RADIO SYSTEM IN
AMOUNT OF $266,656 AND AUTHORIZE AGREEMENT WITH HENNEPIN COUNTY
TO LINK RICHFIELD TO REGIONAL SYSTEM THROUGH HENNEPIN COUNTY 800
MEGAHERTZ SUBSYSTEM
STAFF REPORT NO. 94
AIRPORT BUSINESS
• 10. AIRPORT STATUS REPORT
HRA BUSINESS
11. HOUSING AND REDEVELOPMENT AUTHORITY REPORT
CORRESPONDENCE
12. LEGISLATIVE REPORT
COUNCIL CHOICE
13. COUNCIL DISCUSSION ITEMS
14. CLAIMS AND PAYROLLS
15. ADJOURNMENT
Auxiliary aids for individuals with disabilities are available upon request. Requests
must be made at least 96 hours in advance to the Administrative Services Director at
• 612-861-9702.
AGENDA SECTION: Admin. Reports
• AGENDA ITEM # 9
REPORT # 94
J
EPORT,
STAFF-0
COUNCIL MEETING DATE:
MARCH 27TH9 2000
SCOTT WILLIAMS, 911 DISPATCH
REPORT PREPARED BY:
NAME, TITLE
DAN SCOTT, DIRECTOR OF PUBLIC
is
REPORT PRESENTER:
DEPARTMENT DIRECTOR REVIEW:
REvIEwED BY CITY MANAGER:
SUPERVISOR
SAFETY
NAME, TITLE
` DI
- SIGNATURE
ITEM FOR COUNCIL CONSIDERATION:
the console equipm u on eInt
Authorize staff to enter into a contract with Motorola to purc e dispatch
necessary to move Richfield's police and fire dispatch operations reg
800 MHz radio system. Authorize staff to enter into rCounty 800 megahertz (MHz) to
link Richfield to the regional system through the Hennepin
subsystem.
1. RECOMMENDED ACTION:
Authorize staff to 1) sign a contract with Motorola in the amount of
$266,656 for dispatch console equipment for the 801 M z80and 0 2) sign
an agreement with Hennepin County to loin the County's MHz
subsystem and finance the microwave equipment needed to connect
to the system backbone.
II. BACKGROUND approaching 20 years of age and is in
Most of Richfield's police and fire radio system is app
need of replacement. At its August 9th, 1999 meeting, the Council directed staff to
negotiate with Motorola and Hennepin County to establish bllisdhothe financial a has operational
requirements of participation in the 800 MHz regional system. ation of the
negotiated an agreement with Motorola dispatch r the purchase ce ter on the 800 IMHz system. An
equipment necessary to put Richfield's
0327800MHz
R-)
agreement has also been reached with the County in regard to operational concerns
and the financial considerations for funding the microwave link between Richfield and
the County radio subsystem.
Approving the contract with Motorola and the Agreement with Hennepin County is the
final step in the decision-making process to determine the future of the Public Safety
radio system. It commits Richfield to joining the Regional 800 MHz system. The
system is scheduled to go on the air in late 2001/Early 2002. Richfield will continue to
maintain an independent dispatch operation into the foreseeable future.
III. BASIS OF REComwNDATION
A. POLICY
• N/A
B. CRITICAL ISSUES I
• The existing Public Safety radio system is reaching an age where its
performance and reliability will steadily decline. Replacement parts will
become difficult to find.
• New FCC regulations governing bandwidth threaten the ability of existing
"older technology" systems such as Richfield's to continue operating
indefinitely.
C. FINANCIAL
I
• The County will purchase the necessary microwave equipment to provide the
link and will lease that equipment back to Richfield. Total lease payments
over the 10-year period from 2002 to 2012 will be 110% of the sum of all
costs related to the purchase and installation of the microwave equipment
(equipment and installation will be $182,622).
• The contract with Motorola is for $266,656 for purchase and installation of
dispatch console and electronics equipment needed for Richfield to maintain
an independent dispatch center on the 800 MHz system. Payment
milestones for the Motorola contract are:
0 10% upon completion of the detailed design documentation;
0 53% upon equipment delivery;
0 17% upon installation;
0 20% upon acceptance.
• There will be one additional infrastructure expense related to this project. Our
current radio equipment room is full. Installation of the microwave portion of
the new system will begin this fall, more than a year before the existing
system can be dismantled. Both the new and old systems will be operating
concurrently for around six months. Additional communications equipment
space will have to be created near the base of the radio tower by late summer
or early fall. The Initial cost estimate for this work is around $50,000. Staff is
working with an engineering firm to begin work on plans and specifications.
D. LEGAL
0 N/A
C'L
IV. ALTERNATIVE RECOMMENDATION(S)
Direct staff to develop other options for replacement of the Public Safety radio system.
V. ATTACHMENTS
None. The Motorola contract and agreement with Hennepin County can be viewed by
contacting Scott Williams, 612-861-9850.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
None.
•
•
•
AGENDA SECTION: Resolution
AGENDA ITEM # $
REPORT # 93
STAFF REPORT
. =Oda CITY COUNCIL MEETING
MARCH 279 2000
REPORT PREPARED BY: KATIA MEDVETSKI,
REDEVELOPMENT SPECIALIST
NAME, TITLE
REPORT PRESENTER: BRUCE PALMBORG,
COMMUNITY DEVELOPMENT DIRECTOR
NAdff, TITLE
DEPARTMENT DIRECTOR REVIEW:
REVIEWED BY CITY MANAGER:
SIGNATURE
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a resolution awarding the sale of $1,630,000 General Obligation Tax Exempt
Tax Increment Bonds, Series 2000A; fixing their form and specifications; directing their
execution and delivery; and providing for their payment to assist in the financing of the Lyndale
Gateway redevelopment.
1. RECOMMENDED ACTION:
By Motion: Approve a resolution awarding the sale of $1,630,000
General Obligation Tax Exempt Tax Increment Bonds, Series 2000A;
fixing their form and specifications; directing their execution and
delivery; and providing for their payment to assist in the financing of
the Lyndale Gateway redevelopment.
III. BACKGROUND
On September 13, 1999, the HRA adopted a motion to revise the public assistance
for the Lyndale Gateway Development and request the City Council to issue general
obligation tax increment bonds whose debt would be retired by tax increment
generated from Candlewood Hotel in the I nterstate-Lyndale-N icol let
(I-L-N) Tax Increment Financing District.
0327bond.doc
On September 13, 1999, the City Council held a public hearing and adopted a
resolution authorizing the sale of tax exempt general obligation tax increment bonds
to provide funding for eligible redevelopment costs associated with the Lyndale
Gateway development.
Bids on the bonds are due in the offices of Ehlers & Associates on Monday, March
24. Mr. Sid Inman will be at the City Council meeting to recommend the successful
bidder and review the attached documents.
Following Mr. Inman's recommendation it would be appropriate for the City Council
to award the bond sale to the qualified buyer and undertake other related actions as
necessary as delineated in the approving resolution.
I III. BASIS OF RECOMMENDATION
A. POLICY
• The HRA has analyzed and made financial commitments, a component of
which includes the issuance of General Obligation Tax Increment Bonds to
the developers in the Lyndale Gateway project.
• The City Council has approved the issuance of General Obligation Tax
Increment Bonds for this project.
• The HRA did on February 22, 2000 approve the modified redevelopment
plan for the Richfield Redevelopment Project Area and modified tax .
increment financing plan for the ILN Tax Increment Financing District to allow
for bonding capacity using tax increment from the Candlewood Hotel Project.
• The City Council did on March 13, 2000, hold a public hearing and approve
the modified redevelopment plan for the Richfield Redevelopment Project
Area and modified tax increment financing plan for the ILN Tax Increment
Financing District to allow for bonding capacity using tax increment from the
Candlewood Hotel Project.
• The HRA will be requested at its April meeting to approve a Tax Increment
Pledge Agreement so that the increment from the Candlewood Hotel project
may be pledged toward debt service on the bonds.
B. CRITICAL ISSUES
• The closing on the bond sale is scheduled for April 20, 2000.
I C. FINANCIAL
• The bond sale will make it possible to meet the financial commitments made
to the developers of the Lyndale Gateway project.
D. LEGAL
• Legal counsel has been involved in the bond sale transaction as bond
counsel to the City.
IV. ALTERNATIVE RECOMMENDATION(S)
0 N/A
8-?-
/ I V. ATTACHMENTS
Resolution awarding bond sale.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
Sid Inman, Ehlers & Associates, Inc.
s
0
•
Extract of Minutes of Meeting
of the City Council of the City of
Richfield, Hennepin County, Minnesota
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of
Richfield; Minnesota, was duly held in the City Hall in said City on Monday, March 27, 2000,
commencing at 7:00 o'clock P.M.
The following members were present:
and the following were absent:
i
The Mayor announced that the next order of business was consideration of the proposals
which had been received for the purchase of the City's approximately $1,630,000 General
Obligation Tax Increment Bonds, Series 2000A.
The City Manager presented a tabulation of the proposals that had been received in the
manner specified in the Official Terms of Proposal for the Bonds. The proposals were as follows:
SMSI-177383v1
RC145-403
After due consideration of the proposals, Member then introduced
the following written resolution, the reading of which was dispensed with by unanimous consent,
and moved its adoption :
In accordance with the Official Terms of Proposal the following adjustments were made:
Principal Amount:
Maturities:
Minimum Purchase Price:
RESOLUTION NO.
A RESOLUTION AWARDING THE SALE OF $
GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 2000A;
FIXING THEIR FORM AND SPECIFICATIONS;
DIRECTING THEIR EXECUTION AND DELIVERY;
AND PROVIDING FOR THEIR PAYMENT
BE IT RESOLVED By the City Council of the City of Richfield, Hennepin County,
Minnesota (City) as follows:
Section 1. Sale of Bonds.
1.01. It is hereby determined that:
(a) the City has duly established the Richfield Redevelopment Project Area
(Project Area) pursuant to Minnesota Statutes, Sections 469.001 through
469.047 (the Act);
(b) the City has duly established the ILN tax increment financing district (TIF
District) within the Project Area pursuant to Minnesota Statutes, Section
469.174 to 469.179 (TIF Act);
(c) the City is authorized by Section 469.178 of the TIF Act to issue and sell its
general obligations to pay all or a portion of the public redevelopment costs
(Costs) related to the Project Area as identified in the redevelopment plan
(Plan) for the TIF District;
(d) the following Costs to be financed by the Bonds are authorized by the Plan:
SMSI-177383v1
RC145.403
r
•
Sources
Paz Amount of Bonds $1,630,000
Total Sources $1,630,000
Uses
0
Total Project Costs $1,581,625
Discount Allowance 20,375
Finance Related Expenses 28.000
Total Uses $1,630,000
(e) it is necessary and expedient to the sound financial management of the
affairs of the City to issue $ General ligation Tax
Increment Bonds, Series 2000A (Bonds) to provide financing for the
Costs.
(f) the Tax Increment Pledge Agreement between _ the Housing and
Redevelopment Authority in and for the City (Authority) and the City is
hereby approved. The Mayor and City Manager are authorized to execute
the Pledge Agreement on behalf of the City in the form on file with the
City on the date hereof with such modifications as are approved by such
officials, whose approval shall be conclusively evidenced by their
execution of the Pledge Agreement.
(g) the Authority has requested the City to issue and . sell its general
obligations to finance a portion of the Costs. .
1.02. The proposal of (Purchaser) to
purchase $ General Obligation Tax Increment Bonds, Series 2000A (Bonds) of
the City described in the Terms of Proposal thereof is found and determined to be a reasonable offer
and is hereby accepted, the proposal being to purchase the Bonds at a price of $ plus
accrued interest to date of delivery, for Bonds bearing interest as follows:
SMSI-177383v1
RC145-403
i
•
Year of
Maturity
2001
2002
2003
2004
2005
2006
True interest cost:
2007
2008
2009
2010
2011
2012
1.03. The sum of $ being the amount proposed by the Purchaser in excess of
$ will be credited to the Debt Service Fund hereinafter created. The City Manager is
directed to retain the good faith check of the Purchaser, pending completion of the sale of the
Bonds, and to return the good faith checks of the unsuccessful proposers forthwith. The Mayor and
City Manager are directed to execute a contract with the Purchaser on behalf of the City.
1.04. The City will forthwith issue and sell the Bonds pursuant to Minnesota Statutes,
Chapter 469 (Act), in the total principal amount of $ , originally dated April 1, 2000, in
the denomination of $5,000 each or any integral multiple thereof; numbered No. R-1, upward,
i bearing interest as above set forth, and maturing serially on February I in the years and amounts as
follows:
Year Amount
2001
2002
2003
2004
2005
2006
Year Amount
2007
2008
2009
2010
2011
2012
1.05. Ontional Redemption The City may elect on February 1, 2008, and on any day
thereafter to prepay Bonds due on or after February 1, 2009. Redemption may be in whole or in
part and if in part, at the option of the City and in such manner as the City will determine. If less
than all Bonds of a maturity are called for redemption, the City will notify DTC (as defined in
Section 7 hereof) of the particular amount of such maturity to be prepaid. DTC will determine by
lot the amount of each participant's interest in such maturity to be redeemed and each participant
will then select by lot the beneficial ownership interests in such maturity to be redeemed.
Prepayments will be at a price of par plus accrued interest.
Interest Year of Interest
Rate Maturitv Rate
SMS1-177383v1
RC145-403
F
1.06. Term Bonds. To be completed if requested by the Purchaser.
Section 2. Registration and Pavment.
2.01. Registered Form The Bonds will be issued only in fully registered form The
interest thereon and, upon surrender of each Bond, the principal amount thereof; is payable by check
or draft issued by the Registrar described herein.
2:02. Dates: Interest Pavment Dates. Each Bond will be dated as of the last interest
payment date preceding the date of authentication to which interest on the Bond has been paid or
made available for payment, unless (i) the date of authentication is an interest payment date to
which interest has been paid or made available for payment, in which case the Bond will be dated as
of the date of authentication, or (ii) the date of authentication is prior to the first interest payment
date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds
is payable on February 1 and August 1 of each year, commencing August 1, 2000, to the registered
owners of record as of the close of business on the fifteenth day of the immediately preceding
month, whether or not that day is a business day.
2.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating
agent and paying agent (Registrar). The effect of registration and the rights and duties of the City
and the Registrar with respect thereto are as follows:
(a) Register. The Registrar must keep at its principal corporate trust office a
bond register in which the Registrar provides for the registration of ownership of Bonds and
the registration of transfers and exchanges of Bonds entitled to be registered, transferred or
exchanged.
(b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by
the registered owner thereof or accompanied by a written instrument of transfer, in form
satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney
duly authorized by the registered owner in writing, the Registrar will authenticate and
deliver, in the name of the designated transferee or transferees, one or more new Bonds of a
like aggregate principal amount and maturity, as requested by the transferor. The Registrar
may, however, close the books for registration of any transfer after the fifteenth day of the
month preceding each interest payment date and until that interest payment date.
(c) Exchanae of Bonds. When Bonds are surrendered by the registered owner
for exchange the Registrar will authenticate and deliver one or more new Bonds of a like
aggregate principal amount and maturity as requested by the registered owner or the owner's
attorney in writing.
(d) Cancellation. Bonds surrendered upon transfer or exchange will be promptly
cancelled by the Registrar and thereafter disposed of as directed by the City.
SMS1-177383v1
RC 145-403
f ?f4
(e) Imnroner or Unauthorized Transfer. When a Bond is presented to the
Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is
satisfied that the endorsement on such Bond or separate instrument of transfer is valid and
genuine and that the requested transfer is legally authorized. The Registrar will incur no
liability for the refusal, in good faith, to make transfers which it, in its judgment, deems
improper or unauthorized.
-- (f) Persons Deemed Owners. The City and the Registrar may treat the person in
whose name a Bond is registered in the bond register as the absolute owner of the Bond,
whether the Bond is overdue or not, for the purpose of receiving payment of, or on account
of, the principal of and interest on the Bond and for all other purposes, and payments so
made to a registered owner or upon the owner's order will be valid and effectual to satisfy
and discharge the liability upon the Bond to the extent of the sum or sums so paid.
(g) Taxes. Fees and Charges. The Registrar may impose a charge upon the
owner thereof for a transfer or exchange of Bonds sufficient to ,reimburse the Registrar for
any tax, fee or other governmental charge required to be paid with respect to the transfer or
exchange.
. (h) Mutilated. Lost. Stolen or Destroved Bonds. If a Bond becomes mutilated or
is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number,
maturity date and tenor in exchange and substitution for and upon cancellation of the
mutilated Bond or in lieu of and in substitution for a Bond destroyed, stolen or lost, upon the
payment of the reasonable expenses and charges of the Registrar in connection therewith;
and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of
evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership
thereof; and upon furnishing to the Registrar an appropriate bond or indemnity in form,
substance and amount satisfactory to the Registrar, in which both the City and the Registrar
must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the
Registrar and evidence of such cancellation must be given to the City. If the mutilated,
destroyed, stolen or lost Bond has already matured or been called for redemption in
accordance with its terms it is not necessary to issue a new Bond prior to payment.
(i) Redemption. In the event any of the Bonds are called for redemption, notice
thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a
copy of the redemption notice by first class mail (postage prepaid) not more than 60 and not
less than 30 days prior to the date fixed for redemption ta`the registered owner of each Bond
to be redeemed at the address shown on the registration books kept by the Registrar and by
publishing the notice if required by law. Failure to give notice by publication or by mail to
any registered owner, or any defect therein, will not affect the validity of the proceedings for
the redemption of Bonds. Bonds so called for redemption will cease to bear interest after
SMS1-1773830
RC 145-403
3 ,(7
the specified redemption date, provided that the funds for the redemption are on deposit with
the place of payment at that time.
2.04. Aunointment of Initial Registrar. The City appoints Norwest Bank Minnesota, N.A.,
Minneapolis, Minnesota, as the initial Registrar. The Mayor and the City Manager are authorized to
execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or
consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust
company authorized by law to conduct such business, the resulting corporation is authorized to act
as successor Registrar. The City agrees to pay the reasonable and customary charges of the
Registrar for the services performed The City reserves the right to remove the Registrar upon 30
days' notice and upon the appointment of a successor Registrar, in which event the predecessor
Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must
deliver the bond register to the successor Registrar. On or before each principal or interest due date,
without further order of this Council, the City Manager must transmit to the Registrar moneys
sufficient for the payment of all principal and interest then due.
2.05. Execution. Authentication and Delivery. The Bonds will be prepared under the
direction of the City Manager and executed on behalf of the City by the signatures of the Mayor and
the City Manager, provided that all signatures may be printed, engraved or lithographed facsimiles
of the originals. If an officer whose signature or a facsimile of whose signature appears on the
Bonds ceases to be such officer before the delivery of any Bond, that signature or facsimile will
nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office
until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any
purpose or entitled to any security or benefit under this Resolution unless and until a certificate of
authentication on the Bond has been duly executed by. the manual signature of an authorized
representative of the Registrar. Certificates of authentication on different Bonds need not be signed
by the same representative. The executed certificate of authentication on a Bond is conclusive
evidence that it has been authenticated and delivered under this Resolution. When the Bonds have
been so prepared, executed and authenticated, the City Manager will deliver the same to the
Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore
made and executed, and the Purchaser is not obligated to see to the application of the purchase
price.
2.06. Temnorarv Bonds. The City may elect to deliver in lieu of printed definitive Bonds
one or more typewritten temporary Bonds in substantially the form set forth in Section 3 with such
changes as may be necessary to reflect more than one maturity in a single temporary bond Upon
the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and
cancelled
Section 3. Form of Bond.
3.01. The Bonds will be printed or typewritten in substantially the following form:
SMSI-177383v1
RC145.403
?'Io
[Face of the Bond]
No. R UNITED STATES OF AMERICA $
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF RICHFIELD
GENERAL OBLIGATION TAX INCREMENT BOND, SERIES 2000A
Rate Maturitv Orieinal Issue CUSIP
April 1, 2000
Registered Owner: Cede & Co.
The City of Richfield, Minnesota, a duly organized and existing municipal corporation in
Hennepin County, Minnesota (City), acknowledges itself to be indebted and for value received
hereby promises to pay to the Registered Owner specified above or registered assigns, the principal
sum of $ on the maturity date specified above, with interest thereon from the date
hereof at the annual rate specified above, payable February 1 and August 1 in each year,
commencing August 1, 2000, to the person in whose name this Bond is registered at the close of
business on the fifteenth day (whether or not a business day) of the immediately preceding month.
The interest hereon and, upon presentation and surrender hereof; the principal hereof are payable in
lawful money of the United States of America by check or draft by Norwest Bank Minnesota, N.A.,
Minneapolis, Minnesota, as Bond Registrar, Paying Agent, Transfer Agent and Authenticating
Agent, or its designated successor under the Resolution described herein. For the prompt and firll
payment of such principal and interest as the same respectively become due, the fiill faith and credit
and taxing powers of the City have been and are hereby irrevocably pledged
The City may elect on February 1, 2008, and on any day thereafter to prepay Bonds due on
or after February 1, 2009. Redemption may be in whole or in part and if in part, at the option of the
City and in such manner as the City will determine. If less than all Bonds of a maturity are called
for redemption, the City will notify Depository Trust Company (DTC) of the particular amount of
such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in
such maturity to be redeemed and each participant will then select by lot the beneficial ownership
interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued
interest.
SMS1-177383v1
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?-H
•
Additional provisions of this Bond are contained on the reverse hereof and such provisions
have the same effect as though fully set forth in this place.
This Bond is not valid or obligatory for any purpose or entitled to any security or benefit
under the Resolution until the Certificate of Authentication hereon has been executed by the Bond
Registrar by manual signature of one of its authorized representatives.
IN WITNESS WHEREOF, the City of Richfield, Hennepin County, Minnesota, by its City
Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures of
the Mayor and City Manager and has caused this Bond to be dated as of the date set forth below.
Dated:
CITY OF RICHFIELD, MINNESOTA
City Manager
(Facsimile) (Facsimile)
Mayor
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution mentioned within.
NORWEST BANK MINNESOTA, N.A.
By
[Reverse of the Bond]
Authorized Representative
This Bond is one of an issue in the aggregate principal amount of $ all of like original
issue date and tenor, except as to number, maturity date, redemption privilege, and interest rate, all
issued pursuant to a resolution adopted by the City Council on March 27, 2000 (the Resolution), for
the purpose of providing money to aid in financing the public redevelopment costs of a project
(Project) in the City, pursuant to and in full conformity with the home rule charter of the City and
the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Sections 469.174
to 469.179, the Minnesota Tax Increment Financing Act, and Minnesota Statutes, Sections 469.001
through 469.047 and the principal hereof and interest hereon are payable primarily from tax
increments resulting from increases in taxable valuation of certain real property in a tax increment
financing district within the Project, as set forth in the Resolution to which reference is made for a
full statement of rights and powers thereby conferred. The full faith and credit of the City are
irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy ad
valorem taxes on all taxable property in the City in the event of any deficiency in tax increments
SMSI-177383vl
RC145.403
• pledged, which taxes may be levied without limitation as to rate or amount. The Bonds of this
series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple
thereof of single maturities.
As provided in the Resolution and subject to certain limitations set forth therein, this Bond is
transferable upon the books of the City at the principal office of the Bond Registrar, by the
registered owner hereof in person or by. the owner's attorney duly authorized in writing, upon
surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, .
duly executed by the registered owner or the owner's attorney; and may also be surrendered in
exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City
will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of
the same aggregate principal amount, bearing interest at the same rate and maturing on the same
date, subject to reimbursement for any tax, fee or governmental charge required to be paid with
respect to such transfer or exchange.
The City and the Bond Registrar may deem and treat the person in whose name this Bond is
registered as the absolute owner hereof; whether this Bond is overdue or not, for the purpose of
receiving payment and for all other purposes, and neither the City nor the Bond Registrar will be
affected by any notice to the contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts,
conditions and things required by the home rule charter of the City and the Constitution and laws of
the State of Minnesota to be done, to exist, to happen and to be performed preliminary, to and in the
issuance of this Bond in order to make it a valid and binding general obligation of the City in
accordance with its terms, have been done, do exist, have happened and have been performed as so
required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed
any constitutional, statutory or charter limitation of indebtedness.
The following abbreviations, when used in the inscription on the face of this Bond, will be
construed as though they were written out in full according to applicable laws or regulations:
SMS1-177383v1
RC 145-403
•
TEN COM - as tenants UNIF GIFT MIN ACT
in common
TEN ENT -- as tenants
by entireties
JT TEN -- as joint tenants with
right of survivorship and
-- not as tenants in common
9-0
Custodian
(Cult) (Minor)
under Uniform Gifts or
Transfers to Minors
Act. ... ... .
(State)
Additional abbreviations may also be used though not in the above list.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
the within Bond and all rights thereunder, and
does hereby irrevocably constitute and appoint attorney to transfer
the said Bond on the books kept for registration of the within Bond, with full power of substitution
in the premises.
Dated:
Notice: The assignor's signature to this assignment must correspond with the name
as it appears upon the face of the within Bond in every particular, without
alteration or any change whatever.
Signature Guaranteed:
NOTICE: Signature(s) must 'be guaranteed by a financial institution that is a member of the
Securities Transfer Agent Medallion Program ("STAMP'), the Stock Exchange Medallion Program
("SEW), the New York Stock Exchange, Inc. Medallion Signatures Program CUSP') or other
such "signature guarantee program" as may be determined by the Registrar in addition to, or in
substitution for, STAMP, SEMP or MSP, all in accordance with the Securities Exchange Act of
1934, as amended
SMS1-177383v1
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0
The Bond Registrar will not effect transfer of this Bond unless the information concerning
the assignee requested below is provided.
Name and Address:
(Include information for all joint owners if this Bond
is held by joint account.)
Please insert social security . or other
identifying number of assignee
PROVISIONS AS TO REGISTRATION
The ownership of the principal of and interest on the within Bond has been registered on the
books of the Registrar in the name of the person last noted below.
Signature of
Date of Reeistration Reistered Owner Officer of Registrar
Cede & Co.
Federal ID #13-2555119
3.02. The City Manager is directed to obtain a copy of the proposed approving legal
opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which is to be complete except
as to dating thereof and to cause the opinion to be printed on or accompany each Bond. .
SMSI-177383v1
RC145-403
9- is
•
Section 4. Pavment: Securitv: Pledges and Covenants.
4.01. The Bonds are payable from the General Obligation Tax Increment Bonds, Series
2000A Debt Service Fund (Debt Service Fund) hereby created, and all tax increments (Tax
Increments) from the parcel within the TIF District specified in the Pledge Agreement and received
by the City pursuant to the Pledge Agreement are pledged to the Debt Service Fund. If a payment
of principal or interest on the Bonds becomes due when there is not sufficient money in the Debt
Service Fund to pay the same, the City Manager is directed to pay such principal or interest from the
general fund of the City, and the general fund will be reimbursed for those advances out of the
proceeds of Tax Increments when received. There is appropriated to the Debt Service Fund (i)
capitalized interest funded from Bond proceeds, if any, (ii) any amount over the minimum purchase
price paid by the Purchaser, and (iii) the accrued interest paid by the Purchaser upon closing and
delivery of the Bonds. _
4.02. It is determined that the estimated collection of Tax Increments for payment of
principal and interest on the Bonds will produce at least five percent in excess of the amount needed
to meet, when due, the principal and interest payments on the Bonds and that no tax levy is needed
at this time.
4.03. The City Manager is directed to file a certified copy of this Resolution with the
Taxpayer Services Division Manager of Hennepin County and obtain the certificate required by
Minnesota Statutes, Section 475.63.
Section 5. Authentication of Transcript.
5.01. The officers of the City are authorized and directed to prepare and famish to the
Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of
the City relating to the Bonds and to the financial condition and affairs of the City, and such other
certificates, affidavits and transcripts as may be required to show the facts within their knowledge or
as shown by the books and records in their custody and under their control, relating to the validity
and marketability of the Bonds, and such instruments, including any heretofore furnished, will be
deemed representations of the City as to the facts stated therein.
5.02. The Mayor and City Manager are authorized and directed to certify that they have
examined the Official Statement prepared and circulated in connection with the issuance and sale of
the Bonds and that to the best of their knowledge and belief the Official Statement is a complete and
accurate representation of the facts and representations made therein as of the date of the Official
Statement.
SMSI-177383v1
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? -)(0
• 5.03. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable
to the payment of issuance expenses (other than amounts payable to Kennedy & Graven, Chartered
as Bond Counsel) to Resource Bank & Trust Company, Minneapolis, Minnesota on the closing date
for further distribution as directed by the City's financial adviser, Ehlers & Associates, Inc.
Section 6. Tax Covenant.
6:01. The City covenants and agrees with the holders from time to time of the Bonds that
it will not take or permit to be taken by any of its officers, employees or agents any action which
would cause the interest on the Bonds to become subject to taxation under the Internal Revenue
Code of 1986, as amended (the Code), and the Treasury Regulations promulgated thereunder, in
effect at the time of such actions, and that it will take or cause its officers, employees or agents to
take, all affirmative action within its power that may be necessary to ensure that such interest will
not become subject to taxation under the Code and applicable Treasury Regulations, as presently
existing or as hereafter amended and made applicable to the Bonds.
6.02. The City will comply with requirements necessary under the Code to establish and
maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the
Code, including without limitation requirements relating to temporary periods for investments,
limitations on amounts invested at a yield greater than the yield on the Bonds.
6.03. The City further covenants not to use the proceeds of the Bonds or to cause or permit
them or any of them to be used, in such a manner as to cause the Bonds to be "private activity
bonds" within the meaning of Sections 103 and 141 through 150 of the Code.
6.04. The City will use its best efforts to comply with any federal procedural requirements
which may apply in order to effectuate the designations made by this section.
Section 7. Book-Entrv Svstem: Limited Obligation of Citv.
7.01. The Bonds will be initially issued in the form of a separate single typewritten or
printed fully registered Bond for each of the maturities set forth in Section 1.03 hereof. Upon initial
issuance, the ownership of each Bond will be registered in the registration books kept by the Bond
Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York,
New York, and its successors and assigns (DTC). Except as provided in this section, all.of the
outstanding Bonds will be registered in the registration books kept by the Bond Registrar in the
name of Cede & Co., as nominee of DTC.
7.02. With respect to Bonds registered in the registration books kept by the Bond Registrar
in the name of Cede & Co., as nominee of DTC, the City, the Bond Registrar and the Paying Agent
will have no responsibility or obligation to any broker dealers, banks and other financial institutions
from time to time for which DTC holds Bonds as securities depository (Participants) or to any other
SMSI-177383v1
RC 145-403
g- r7
person on behalf of which a Participant holds an interest in the. Bonds, including but not limited to
any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co.
or any Participant with respect to any ownership interest in the . Bonds, (ii) the delivery to any
Participant or any other person (other than a registered owner of Bonds, as shown by the registration
books kept by the Bond Registrar,) of any notice with respect to the Bonds, including any notice of
redemption, or (iii) the payment to any Participant or any other person, other than a registered owner
of Bonds, of any amount with respect to principal of premium, if any, or interest. on the Bonds. The
City, the Bond Registrar and the Paying Agent may treat and consider the person in whose name
each Bond is registered in the registration books kept by the Bond Registrar as the holder and
absolute owner of such Bond for the purpose of payment of principal, premium and interest with
respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all
other purposes. The Paying Agent will pay all principal of premium, if any, and interest on the
Bonds only to or on the order of the respective registered owners, as shown in the registration books
kept by the Bond Registrar, and all such payments will be valid and effectual to fully satisfy and
discharge the City's obligations with respect to payment of principal of, premium, if any, or interest
on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of
Bonds, as shown in the registration books kept by the Bond Registrar, will receive a certificated
Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City Manager of a
written notice to the effect that DTC has determined to substitute a new nominee in place of Cede &
Co., the words "Cede & Co.," will refer to such new nominee of DTC; and upon receipt of such a
notice, the City Manager will promptly deliver a copy of the same to the Bond Registrar and Paying
Agent.
7.03. Representation Letter. The City has heretofore executed and delivered to DTC a
Blanket Issuer Letter of Representations (Representation Letter) which shall govern payment of
principal of premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any
Paying Agent or Bond Registrar subsequently appointed by the City with respect to the Bonds will
agree to take all action necessary for all representations of the City in the Representation letter with
respect to the Bond Registrar and Paying Agent, respectively, to be complied with at all times.
7.04. Transfers Outside Book-Entrv Svstem. _ In the event the City, by resolution of the City
Council, determines that it is in the best interests of the persons having beneficial interests in the
Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC will
notify the Participants, of the availability through DTC of Bond certificates. In such event the City
will issue, transfer and exchange Bond certificates as requested by DTC and any other registered
owners in accordance with the provisions of this Resolution. DTC may determine to discontinue
providing its services with respect to the Bonds at any time by giving notice to the City and
discharging its responsibilities with respect thereto under applicable law. In such event, if no
successor securities depository is appointed, the City will issue and the Bond Registrar will
authenticate Bond certificates in accordance with this resolution and the provisions hereof will
apply to the transfer, exchange and method of payment thereof.
SMS1-177383v1
RC 145-403
7.05. Pavments to Cede & Co.
Notwrthstandng any other provision of this Resolution to
the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC,
payments with respect to principal of, premium, if any, and interest on the Bond and notices with
respect to the Bond will be made and given, respectively in the manner provided in DTC's
Operational Arrangements, as set forth in the Representation Letter.
Section 8. Continuing Disclosure.
8.01. The City hereby covenants and agrees that it will comply with and carry out all of the
provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this
Resolution, failure of the City to comply with the Continuing Disclosure Certificate is not to be
considered an event of default with respect to the Bonds; however, any Bondholder may take such
actions as may be necessary and appropriate, including seeking mandate or specific performance by
court order, to cause the City to comply with its obligations under this section.
8.02. "Continuing Disclosure Certificate" means that certain Continuing Disclosure
Certificate executed by the Mayor and City Manager and dated the date of issuance and delivery of
the Bonds, as originally executed and as it may be amended from time to time in accordance with
the terms thereof
,* The motion for the adoption of the foregoing resolution was - duly seconded by Member ,
, and upon vote being taken thereon, the following voted in favor
thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
Is SMSI-177383v1
RC 145-403
8-Iq
STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) SS.
CITY OF RICHFIELD )
I, the undersigned, being the duly qualified and acting Clerk of the City of Richfield,
Hennepin County, Minnesota, do hereby certify that I have carefully compared the attached and
foregoing extract of minutes of a regular meeting of the City Council of the City held on March 27,
2000 with the original minutes on file in my office and the extract is a full, true and correct copy of
the minutes insofar as they relate to the issuance and sale of $ General Obligation Tax
Increment Bonds, Series 2000A of the City.
WITNESS My hand officially as such Clerk and the corporate seal of the City this
day of , 2000.
City Clerk
Richfield, Minnesota
(SEAL)
SMSI-177383v1
RC145-403
STATE OF MINNESOTA
TAXPAYER SERVICES DIVISION
MANAGER'S CERTIFICATE AS TO
COUNTY OF HENNEPIN REGISTRATION WHERE NO AD
VALOREM TAX LEVY
I, the undersigned Taxpayer Services Division Manager of Hennepin County, Minnesota,
hereby certify that a resolution adopted by the City Council of the City of Richfield, Minnesota, on
March 27, 2000, relating to General Obligation Tax Increment Bonds, Series 2000A, in the amount
of $ , dated April 1, 2000, has been filed in my office and said obligations have been
registered on the register of obligations in my office.
WITNESS My hand and official seal this day of , 2000.
•
Taxpayer Services Division Manager
Hennepin County, Minnesota
(SEAL)
By
Deputy
SMS1-177383v1
RC W-403
BID TABULATION
$1,630,000 General Obligation Tax Increment Bonds, Series 2000
City of Richfield, MN
SALE: March 27, 2000
AWARD: U.S. BANCORP PIPER JAFFRAY
RATING: Moody's "Aa3"
NAME OF BIDDER RATE YEAR PRICE
U.S. BANCORP PIPER JAFFRAY 4.00% 2001 $1,610,564.32
Minneapolis, MN 4.25% 2002
Morgan Keegan & Co., Inc. 4.50% 2003
4.60% 2004
4.75% 2005
4.80% 2006
4.85% 2007
4.90% 2008
4.95% 2009
5.00% 2010
5.05% 2011
5.10% 2012
NORWEST INVESTMENT SERVICES, INC. 4.20% 2001
Minneapolis, MN 4.50% 2002
4.60% 2003
4.70% 2004
4.80% 2005
4.90% 2006
4.95% 2007
5.00% 2008
5.05% 2009
5.10% 2010
5.15% 2011
5.20% 2012
DOUGHERTY SUMMIT SECURITIES, LLC 5.00% 2001-2008
Minneapolis, MN 5.05% 2009
5.10% 2010
5.15% 2011
5.20% 2012
0
$1,617,677.20
BBI: 5.76%
NET E
TE
INTEREST ST
IN
R
COST RATE
$571,384.01 5.1246%
$575,571.97
$1,623,500.00 $576,475.42
5.1469%
5.1497%
EHLERS LEADERS IN PUBLIC FINANCE
3060 Centre Pointe Drive, Roseville, MN 55113-1105
& ASSOCIATES I N C 651.697.8500 fax 651.697.8555 www.ehlers-inc.com
Offices in Roseville, MN, Brookfield, WI and Naperville, IL
AGENDA SECTION: Public Hearings
AGENDA ITEM # 7
REPORT # 92
.
J
STAFF REPORT
COUNCIL MEETING DATE:
MARCH 279 2000
REPORT PREPARED BY:
REPORT PRESENTER:
DEPARTMENT DIRECTOR REVIEW: 0
REVIEWED BY CITY MANAGER: 0
BETSY CHRISTENSEN, ADMINISTRATIVE
SUPPORT SERVICES MANAGER
NAME, TITLE
DAN SCOTT, DIRECTOR OF PUBLIC
SAFETY
NAME, TITLE
SIGNATURE
11'EM FOR COUNCIL CONSIDERATION:
Public hearing for consideration of request for a new 3.2 percent malt liquor license by Hopes
Chow Mein, formerly Silverspoon Restaurant, 6700 Penn Avenue South.
I I. RtCOM TENDED ACTION: I
Conduct and close the public hearing and approve a new 3.2 percent malt
liquor license for Hopes Chow Mein restaurant, 6700 Penn Avenue South.
II. BACKGROUND
• The application for the issuance of a new, on-sale 3.2 percent malt liquor license has
been submitted by Hopes Chow Mein. They will be located at 6700 Penn Avenue,
formerly Silverspoon Restaurant. The required license fee has been received. The
Public Safety background investigation has been conducted and reveals the
following:
• Bang Nguyen is the owner of the establishment and will be acting as General
Manager. Mr. Nguyen has no known criminal history.
• The owner of the property is Kenneth Youngberg.
• Proof of liquor liability '
insurance and Workers' Compensation insurance will be
submitted by March 27, 2000.
0327Hopes
• The notice of Public Hearing was published in the Richfield Sun Current on March 1,
2000.
•
I III. BASIS OF RECOMMENDATION I
A. POLICY
•
• To obtain a 3.2 percent malt liquor license, owners of these establishments
are required to comply with Resolution No. 8808 that outlines discipline they
can expect if any ongoing problems occur. A copy of this resolution has been
given to the owner of the establishment.
• The applicant has complied with all of the provisions of both City code and
State Statute pertaining to on-sale 3.2 percent malt liquor licensing with the
exception of the submittal of their liquor liability and workers' compensation
insurance.
• The City is currently able to issue fifteen on-sale 3.2 percent malt liquor
licenses. This would be a request for license number thirteen.
• Based on the information supplied by the applicant and the investigation
conducted by the Public Safety Department, there appears to be no reason to
deny the issuance of the license requested.
I B. CRITICAL ISSUES
• N/A
C. FINANCIAL
• N/A
D. LEGAL
• N/A
IV. ALTERNATIVE RECOMMENDATION(S) I
• Reject the application for a new 3.2 percent malt liquor license for Hopes
Chow Mein restaurant.
V. ATTACHMENTS
N/A
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
Bang Nguyen, Owner of Hopes Chow Mein.
0
AGENDA SECTION: Public Hearings
AGENDA ITEM # 6
REPORT # 91
•
REPORT PREPARED BY:
REPORT PRESENTER:
STAFF REPORT
CITY COUNCIL MEETING
MARCH 27, 2000
DEPARTMENT DIRECTOR REVIEW:
REVIEWED BY CITY MANAGER:
DAWN WEITZEL,
HUMAN RESOURCES MANAGER
NAME, TITLE
STEVEN L. DEVICH,
ADMINISTRATIVE SERVICES DIRECTOR
, TITLE
t G
SIGNATU
• ITEM FOR COUNCIL CONSIDERATION:
Public hearing and second reading of amendment to the City Administrative Code Section 1,
Subsection 310.33, 310.37 and 310.07 describing Vacation Leave, Personal Leave and
Background Investigations.
1. RECOMMENDED ACTION:
Conduct and close the public hearing and by motion: Approve the
second reading of the proposed ordinance amendment to the City
Administrative Code Section 1, Subsection 310.33, 310.37 and 310.07
describing Vacation Leave, Personal Leave and Background
Investigations.
III. BACKGROUND
A recommendation is being made to amend Section 310.33 (Vacation Leave) from
an accrual rate of 6.47 hours to 6.77 hours for those employees beginning their
• twentieth year of continuous employment. This change will affect those employees
not represented by a Union. It is requested so that these employees are offered
some of the same Vacation Leave levels already given to some Union employees.
A recommendation is being made to amend Section 310.37 (Personal Leave) from
an accrual rate of 2.0 hours to 2.31 hours of personal leave biweekly for those
employees compensated under the management or general services compensation
pay plans. Maximum accrual rates would also change from 180 hours yearly to 192
hours. This change will affect those employees not represented by a Union. It is
requested so that these employees are offered some of the same Personal Leave
levels already given to some Union employees.
Finally, recommendation is being made to amend Section 310.07 (Background
Investigations) to include criminal history investigations for all final applicants for
City employment, volunteer work with children and/or vulnerable adults and
independent contractor candidates.
First reading of the proposed ordinance amendment was held at the regular City
Council meeting of February 28, 2000 and the public hearing and second reading
were scheduled for March 27, 2000.
III. BASIS OF RECOMMENDATION
A. POLICY I
• Section 310.33, Vacation Leave, and Section 310.37, Personal
Leave, aid in balancing some of the benefits offered to City
employees. Those benefits offered to Union employees should not
exceed those benefits offered to employees not represented by
• unions. Furthermore, most employees represented by collective
bargaining agreements are males while unions do not represent the
majority of female employees.
• The City of Richfield makes it a policy to only hire the most qualified
and competent people. An amendment to Section 310.07,
Background Investigations, (per Minnesota Statutes 13.05, Subd. 4
and Chapter 299C.60 through 64) will help us to continue this
employment practice and allow us to become more thorough. This
ordinance change allows Richfield's Public Safety Department to
perform background checks on all final applicants for City positions.
Background checks will also be conducted for those volunteers who
work in conjunction with children and/or vulnerable adults and
independent contractors.
Process:
1. All finalist candidates for employment, and volunteer work with
children or vulnerable adults, will be given a Data Practices
Advisory for Protected Information and Consent for the Release of
Information authorizing the release of private information. (Finalist
candidates are not legally required to provide the requested
information. However, if not signed, the City would be unable to
conduct the required background inquiries and would not be able
to consider the finalist for employment.)
2. All Data Practices Advisory for Protected Information and Consent
for the Release of Information forms would be given to the Human
Resources Division where the paperwork would be processed via
the Public Safety Department. The results of the background
check will be given to the Human Resources Manager.
•
3. The Human Resources Division will provide written authorization
to complete the hiring process.
B. CRITICAL ISSUES
• Section 310.07, Background Investigations: The Bureau of
Criminal Apprehension has taken the position that local police
departments may not use the Criminal Justice Information System to
conduct background checks for employment purposes unless a
statute or ordinance authorizes the department to do so. Without an
ordinance in place, the Police Division of Richfield would need to
conduct all background checks through the BCA at a rate of $8 a
check. This amendment to the ordinance will allow the City to use
either option. For background checks conducted on minors, the City
will have the consent form signed by either the minor or the minor's
parent, depending upon the age and maturity of the minor.
• The required legal notice for the public hearing was published in the
Richfield Sun Current on February 23, 2000.
10
C. FINANCIAL I
• By amending Section 310.33, 13 Management and 11 General
Services employees would receive an additional vacation day in 2000.
• By amending Section 310.37, Management and General Services
employees would receive an additional eight hours of personal leave
per year.
D. LEGAL I
• Amendment to Section 310.07, Background Investigations, will
protect the City in issues of negligent hiring. Disqualification of final
applicants would not take place solely or in part because of prior
conviction of a crime or crimes - unless the crime or crimes for which
convicted directly relate to the position of employment sought.
I IV. ALTERNATIVE RECOMMENDATION(S)
Do approve second reading of the ordinance amendment and take no further
action.
Defer discussion to another date.
Amend only a portion of the sections presented.
•
V. ATTACHMENTS I
• Data Practices Advisory for Protected Information, Consent for the Release
of Information
• City Administrative Code changes
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
None.
0
0
CITY OF RICHFIELD
6-3
Consent for the Release of Information in Accordance with MSA 13.05, Subd. 4 (d)
I, , authorize the City of Richfield's Public Safety
Department to inspect, gather and release criminal history data, as defined by Minnesota Statute
13.87, Subd. 1 and drivers' license and traffic record data to the Human Resources Manager for the
City of Richfield. I understand that some of this data may be classified as private data under
Minnesota statutes and I hereby give my informed consent to the release of that private data by the
City of Richfield's Public Safety Department to the Human Resources Manager and other City staff as
appropriate.
This consent for the release of data is for the purpose of determining my suitability for employment
with the City of Richfield. This information cannot be used for any other purposes.
This authorization may be revoked in writing by meat any time and in no event will it be valid for more
than one year from the date below.
Signature of Individual Authorizing Release
Please print the following information:
Full Name (first, middle, last)
Current Address (street address, city state, zip code, and county)
Alias Name(s) Former Name(s)
Previous Address(es)
Driver's License State and Number
Social Security Number
Date
Driver's License Expiration Date
Date of Birth Gender
I certify that all statements by me on this form are true and complete. I understand that any false
statements or omissions on this form shall be sufficient cause for rejection of. my application or
dismissal if I am hired.
I hereby authorize the City of Richfield to use this information to determine by suitability for
employment.
is Signature of Applicant Date
Job Title
t
BILL NO.
AMENDMENT TO SECTIONS 310.33, 310.37 and 310.07
OF THE ORDINANCE CODE OF THE
CITY OF RICHFIELD
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Subsection 310.33 (e) of the ordinance code of the City of Richfield
entitled "Vacation leave" is hereby amended:
(e) from the beginning of the twentieth year of continuous employment, throughout
the duration of employment each employee shall earn vacation at the rate of 6.77 647-
hours per biweekly pay period (22 24 days per year).
Section 2. Subsection 310.37, subd.1 of the ordinance code of the City of
Richfield entitled "Personal leave" is hereby amended:
310.37. Personal leave. Subdivision 1. Eliaibilitv and accrual. A managerial employee, a
regular full-time or full-time probationary employee, and a regular part-time or part-time
probationary employee, classified and compensated under the manaaement
compensation plan or general services pay plan, as those plans have been adopted and
may be amended from time to time pursuant to subsection 310.17 of this code, is eligible
to accrue and use personal leave. An eligible full-time employee shall accrue 2.31 2-.9
10 hours of personal leave biweekly and may accumulate such leave from year to year up to
a maximum of 192 499 hours of personal leave, unless written authorization extending
this maximum is obtained from the department head and the city manager. Hours in
excess of 192 499 hours shall be forfeited by the employee without compensation.
Eligible part-time employees shall accrue personal leave on a proportional basis of the
full-time accrual based on hours worked per payroll period and shall be limited to
maximum accruals and extensions authorized for full-time employees.
Section 3. Subsection 310.07, subd. 5 of the ordinance code of the City of
Richfield entitled "Background investigations is hereby amended:
Subd. 5. Backaround investiaations. A final applicant for a Citv position will be
subiect to a criminal historv investiaation. The Richfield Public Safetv Department is
authorized to conduct a criminal historv backaround investiaation on applicants who are
finalists for Citv emplovment. all volunteers who work in coniunction with children and/or
vulnerable adults and independent contractors. Before the investiaation is undertaken
the finalist. volunteer or contractor must aive authorization to the Public Safetv
Department in writina to undertake the investiaation and to release the information to the
Human Resources Manaaer and other appropriate Citv staff. Upon the request of the
manager or designee, the Public Safety Department must obtain and provide additional
background information about certain employment, volunteer or independent contractor
candidates, such as:
j (a) status and history of drivers' licenses for candidates who may be responsible
for operating city vehicles or receiving city reimbursement for operating their own
vehicles,
(b) background check and criminal history check through fingerprints to determine
whether a candidate who may have substantial contact with juveniles is the subject of any
reported conviction of Child Protection Background Check Act crimes,
X44 thorough background screening, investigation, state and national arrest and
fugitive record checks, and state and national III record checks by fingerprints from
candidates who would have access to operate, program, effectuate access to a National
Crime Information Center (NCIC) terminal or initiate transmission of NCIC information.
Section 4. Subsection 310.07, subd. 6 of the ordinance code of the City of
Richfield entitled "Disqualification of applicant due to background investigation" is
hereby added:
Subd. 6. Disaualification of applicant due to background investiaation. No person
shall be disaualified from emplovment with the City solely or in part because of prior
conviction of a crime or crimes - unless the crime or crimes for which convicted directlv
relate to the position of emplovment souaht. In determinina if a conviction directly related
to the position of public emplovment sought, the hirinq authority shall consider the
reauirements of Minnesota Statutes Chapter 364. Should the Citv reiect the finalist's
reauest for emplovment due. partially or solelv. to the applicant's prior conviction of a
crime. the Human Resources Manaaer shall notify the finalist in writina of the followina:
(a) The arounds and reasons for the denial:
(b) The applicable complaint and arievance procedure set forth in Minnesota
Statutes Section 364.06:
(c) The earliest date the applicant may reapply for emplovment. and:
(d) That all competent evidence of rehabilitation will be considered upon
reapplication.
Passed by the City Council of the City of Richfield, Minnesota this day of ,
2000.
Martin J. Kirsch, Mayor
ATTEST:
0
Thomas P. Ferber, City Clerk
AGENDA SECTION: Public Hearings
AGENDA ITEM # 5
REPORT # 90
STAFF REPORT
CITY COUNCIL MEETING
MARCH 27, 2000
•
REPORT PREPARED BY: STEVEN L. DEVICH, ADMINISTRATIVE
SERVICES DIRECTOR
NAME, TITLE
REPORT PRESENTER: STEVEN L. DEVICH, ADMINISTRATIVE
SERVICES DIRECTOR
DEPARTMENT DIRECTOR REVIEW:
REVIEWED BY CITY MANAGER:
m
Cl
TITLE
Z1,4
TuRe
ITEM FOR COUNCIL CONSIDERATION:
•
Public hearing and resolution to consider approval of the proposed transfer of control of KBL
Cable Systems of the Southwest, Inc. by virtue of a proposed merger with America Online to
determine if there may be adverse affects on cable subscribers.
1. RECOMMENDED ACTION:
Conduct and close the public hearing and by Motion: Approve a
resolution approving the transfer of control of KBL Cable Systems of
the Southwest, Inc., the cable television franchisee, resulting from the
merger of Time Warner, Inc. and America Online, Inc. into AOL Time
Warner, Inc.
III. BACKGROUND
On January 10, 2000, America Online, Inc. ("AOL") and Time Warner Inc. ("TW")
announced a merger in which both TW and AOL will become wholly-owned
subsidiaries of anew holding company called AOL Time Warner Inc. Because
Richfield is served by KBL Cable Systems of the Southwest, Inc., a subsidiary of
TW, the proposed merger and resulting transfer of control requires approval under
1) Minnesota Statutes Section 238 083, and 2) the current cable television franchise
with TW.
0327Cable
51
As part of the regulatory approvals necessary for this merger, on or about February
9, 2000, Richfield received, Federal Communications Commission Form 394 -
Application for Franchise Authority Consent to Assignment or Transfer of Control of
Cable Television Franchise ("Form 394") from TW. Form 394 is TW's application
seeking consent to the proposed transfer of control of the City's cable television
franchise.
A number of procedural requirements control cable television franchise transfer
requests. Under federal law, the City has 120 days from the date of receiving Form
394 to act upon the transfer request. Thus, the deadline for City action is
approximately Monday, June 8, 2000. The City's failure to act within that time
serves as an implied approval of TW's transfer request.
Minnesota Statutes 238 083 and the franchise with TW impose further procedural
requirements on the City. Minnesota law requires that the City either approve the
transfer request within 30 days of receiving Form 394 or determine the need for a
public hearing. The franchise provides that a public hearing may be held at the time
of a proposed transfer of control in order to assess whether the transaction may
have an adverse effect on the City's cable television subscribers.
On February 28, 2000 the City Council set a public hearing to take public input on
this matter. Upon the conclusion of the public hearing, the City Council may adopt a
resolution to approve the provisions of this proposed transfer of the controlling
interest of the KBL Cable systems of the Southwest, Inc., Richfield's cable television
franchisee.
1111. BASIS OF RECOMMENDATION
A. POLICY
• The public hearing gives the public, including cable subscribers, the
opportunity to comment on this proposed transfer and its potential
adverse impacts.
• The transfer of controlling interest should have no impact on the
provisions of the City's franchise with KBL.
• If there are no.adverse effects on subscribers and the Council finds
that the legal, technical and financial qualifications of the new
controlling interest are appropriate, the Council could immediately
proceed to approve the merger resolution.
• A report to the City Council from Moss & Barnett, legal counsel for the
SWSCC, will assess and summarize the legal, technical and financial
qualifications of the proposed franchisee.
B. CRITICAL ISSUES
• The public hearing has been scheduled for March 27, 2000.
• Notice of the public hearing was published 14 days in advance of the
public hearing.
• A final decision by the City regarding TW's transfer request must be
issued within 30 days of the closing of the public hearing.
C. FINANCIAL
• The transfer of control should have no impact on the financial
arrangements between KBL Cable Systems and the five cities of the
SWSCC as contained within the current franchise agreement.
• The cost of processing the transfer could cost the SWSCC member
cities up to $5,000. However, the cost will likely be less. SWSCC will
also seek a financial contribution from KBL Cable Systems for this
transfer.
D. LEGAL
• Under state and federal law as well as the City's franchise, the City
may review the qualifications of the prospective controlling party.
These qualifications fall into three categories, legal, technical and
financial. Moss & Barnett, legal counsel for the SWSCC, will be
preparing a report regarding the legal, technical and financial
qualifications of TW based on the proposed transfer of control. They
will review the voluminous information provided by TW as part of Form
394 and may seek additional information to clarify unanswered
questions.
• Mr. Michael Nixi, an attorney from Moss & Barnett and former CPA
with Coopers and Lybrand, will perform a review of the financial
qualifications of TW under the proposed transfer of control.
• Moss & Barnett intends to issue their report to a number of franchising
authorities which will outline their recommendations regarding the
legal, technical and financial qualifications of TW under the proposed
transfer.
• In order to withhold approval, the decision must be based on the
Council's belief that the technical, legal or financial qualifications are
not sufficient.
IV. ALTERNATIVE RECOMMENDATION(S)
• Close the public hearing and withhold approval of the transfer:
• Close the public hearing and withhold a discussion on approval to a future
City Council meeting occurring within 30 days.
V. ATTACHMENTS I
• Table of federal, state and local Transfer Requirements
• Resolution approving transfer of control
• Report from Southwest Suburban Cable Commission attorney Brian Grogan
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• Brian Grogan, Moss & Barnett
0
5 -3
Minnesota Franchise Transfer Requirements
z?
- Fed, w.rrr.. ?,: " ?a
;Forum! 47 U.S.C. 537(x) Must identify buyer's legal, tech. and Must submit to each city at
and 47 C.F.R. § financial qual. least 120 days before closing
76.502
Rev eiy 6V 47 C.F.R. City may question accuracy of Must notify operator within 30
9 § 76.502 information days of receipt
.,
rpQpYe
47 C.F.R.
Operator must respond to City
Operator could extend 120 day
FUi'tn =? ` ? § 76.502 request for information on Form 394 review period if ignored
rU within 10 days
Clty's 'gh
a
sa
47 U
537(
S
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) If city denies transfer request must
b
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lif
ti City must take action on Form
394
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120
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days of receipt
statutory violation
Stat e
Written request Minn. Stat. § Must make written request for At least 90 days prior to
238.083 (subd. 2) transfer approval closing
Written rep1Y City must reply in writing by either City must reply within 30 days
from City approving transfer or determining from receipt of written notice
need for public hearing
Public bearing " If public hearing is held, must City must hold public hearing
determine if transfer will result in within 30 days of
adverse impact on subscribers determination of need for
public hearing
Notice of hearing (subd. 3) City must publish notice of public Must be published 14 days in
hearing in local paper advance of hearing
Approval or denial' (subd. 4) City must approve or deny transfer City's decision must be
request in writing, approval cannot reached within 30 days
be unreasonably withheld following the public hearing
Loca q5
Written Request ' Typically Operator makes written request for City determines whether to
required under transfer exercise right of first refusal
franchise
Public Hearing Often required Allow public input Varies
under franchise
Notice of Pub11C : ` State law Notice on newspaper of general Notice in newspaper published
Hearing circulation 14 days in advance of Public
Hearing
-Transfer Closing ' N/A Grantee must file with City written Typically within 30 days of
evidence of transfer; become closing of transfer
signator to franchise
312945/1
*All Southwest Suburban Cable Commissi on Franchises contain transfer provisions which parallel the procedural
requirements of the state 14)v at Section 23 8.
RESOLUTION NO.
APPROVING THE TRANSFER OF CONTROL
OF KBL CABLE SYSTEMS OF THE SOUTHWEST, INC., THE
CABLE TELEVISION FRANCHISEE, RESULTING FROM
THE MERGER OF TIME WARNER, INC. AND
AMERICA ONLINE, INC. INTO AOL TIME WARNER, INC.
WHEREAS, on or about November 25, 1996, the City of Richfield, Minnesota
("City") passed and adopted Ordinance No. 1996-27, granting a Cable Television
Franchise ("Franchise") currently held by KBL Cable Systems of the Southwest, Inc.
("Franchisee"), a subsidiary of Time Warner, Inc., doing business as Time Warner Cable
(collectively, "TW'); and
WHEREAS, on January 10, 2000, a certain Agreement and Plan of Merger
("Merger Agreement") was made and entered into by and among TW and America Online,
Inc. ("AOL"); and
WHEREAS, the Merger Agreement contemplates the merging of a to-be-formed
TW subsidiary and a to-be-formed AOL subsidiary with a parent holding company known
as AOL Time Warner, Inc. ("AOL Time Warner"); and
WHEREAS, TW and AOL have requested consent by the City to these mergers and
the resulting transfer of control of the Franchisee to AOL Time Warner; and
WHEREAS, under the Franchise and applicable state and federal law, the proposed
mergers and resulting transfer of control of the Franchisee require consent from the City;
and
WHEREAS, based on information obtained and on the reports and information
received by the City from TW and AOL, the City has found no reason to disapprove of the
proposed transfer of control of the Franchisee to AOL Time Warner.
NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Richfield
as follows:
1. The Franchise is in full force and effect, and the Franchisee is the lawful
holder of the Franchise.
2. The Franchisee will remain the lawful holder of the Franchise after
consummation of the mergers contemplated under the Merger Agreement.
3. The City hereby consents to and approves of the proposed transfer of control
of the Franchisee subject to:
a. Closing of the transaction contemplated within the Merger Agreement
pursuant to the terms and conditions described in information provided
to the City by TW and AOL.
b. AOL Time Warner or the Franchisee notifying the City in writing of the
completion of the mergers and the transfer of control within thirty (30)
days of the date of closing.
C. The Franchisee, within thirty (30) days of the date of closing, providing
the City with a signed acceptance of this Resolution in the form
attached hereto and incorporated herein by reference.
d. AOL Time Warner, TW, or the Franchisee, within thirty (30) days of
the date of adoption of this Resolution, reimbursing the City for all
reasonable costs, expenses, and professional fees related to the
City's review and action on the proposed mergers and the transfer of
control.
4. The City hereby waives any right of first refusal which the City may have to
purchase the Franchise, or the cable television system serving the City, but only as
such right of first refusal applies to the request for approval of the mergers and the
transfer of control now before the City.
5. In the event the mergers of the TW and AOL subsidiaries into AOL Time Warner
contemplated by the foregoing resolutions is not completed, for any reason, the
City's consent shall not be effective.
6. To the maximum extent permitted by all applicable local, state, and federal laws,
this Resolution shall not be construed to in any way relieve the Franchisee nor limit
the Franchisee from any liability under the Franchise.
Approved by the City Council of the City of Richfield, Minnesota this 28th day of March,
2000.
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
0
56
ACCEPTANCE OF THE RESOLUTION
APPROVING THE TRANSFER OF CONTROL
KBL Cable Systems of the Southwest, Inc. hereby agrees to comply with the terms
and conditions of this Resolution No. and the Franchise referenced therein.
KBL CABLE SYSTEMS OF THE
SOUTHWEST, INC.
By
Subscribed and sworn to me this
day of , 2000
Notary Public
•
Its
0
5-7
0
Report to the City of Richfield, Minnesota
Regarding the Proposed Transfer of Control
of the City's Cable Television Franchisee
to AOL Time Warner, Inc.
March 22, 2000
• Prepared by:
Brian T. Grogan, Esq.
Timothy L. Gustin, Esq.
Michael R. Nixt, Esq.
MOSS & BARNETT
A Professional Association
4800 Norwest Center
90 South Seventh Street
Minneapolis, MN 55402-4129
(612) 347-0340 phone
(612) 339-6686 facsimile
GroganB@moss-bameft.com
is
322714/1
5'D
• Report to the City of Richfield, Minnesota
Regarding the Proposed Transfer of Control
of the City's Cable Television Franchisee
to AOL Time Warner, Inc.
March 22, 2000
Table of Contents
Introduction ....................................................................................................................1
Applicable Law ..............................................................................................................2
Description of Transfer of Control ...............................................................................7
Chart Demonstrating Proposed Merger .......................................................................8
Legal Qualifications ......................................................................................................9
Technical Qualifications .............................................................................................10
Financial Qualifications ..............................................................................................12
Open Access Considerations .....................................................................................1s
Recommendations ......................................................................................................18
Exhibit
A. Resolution - Approving Transfer
•
322714/1
5-C?
Introduction
The City of Richfield, Minnesota ("City") has before it a request from its cable
television franchisee, KBL Cablesystems of the Southwest, Inc. ("Franchisee"), to
approve a proposed transfer of control of the Franchisee resulting from the merger of to-
be-formed subsidiaries of the existing parent corporation of Franchisee, Time Warner
Inc. ("TWI"), and America Online, Inc. ("AOL") into a new company and ultimate parent
of Franchisee called AOL Time Warner, Inc. ("AOL Time Warner").
The merger does not involve the sale or transfer of the cable system operated by
Franchisee or of the Franchisee itself. Therefore, the request before the City does not
involve a transfer or assignment of the franchise operated by Franchisee ("Franchise"),
but instead a transfer of control of the Franchisee. Pursuant to Minnesota Statutes
Section 238.083 and the Franchise at Section 25, the proposed transfer of control is
prohibited without the written consent of the City.
In light of the request by the Franchisee and the procedural requirements of
Minn. Stat. Section 238.083 and Section 25 of the Franchise, Moss & Barnett, A
Professional Association, has been retained by the City and was asked to provide this
Report. This Report will provide the City with an analysis of the transfer of control and
will provide recommendations to the City.
In preparing this Report, Moss & Barnett has relied upon information submitted
by TWI and AOL including:
. 1. FCC Form 394 - Application for Franchise Authority Consent to
Assignment or Transfer of Control of Cable Television Franchise dated February 11,
2000, received by the City on or about February 18, 2000, including all attachments
thereto.
2. The financial information referenced in the Financial Qualifications section
of this Report.
3. Agreement and Plan of Merger between AOL and TWI dated as of
January 10, 2000, with certain exhibits and schedules redacted for reasons of
confidentiality.
The Report has been prepared with Brian T. Grogan serving as project manager,
Timothy L. Gustin assisting with due diligence and document preparation, and Michael
R. Nixt, who is a former CPA with. Coopers & Lybrand, performing the financial review of
AOL, TWI, and AOL Time Warner.
•
322714/1
5-io
0 Applicable Law
The following provisions of federal law, state law, and the Franchise govern the
actions of the City in acting on the request of TWI and AOL for approval of the transfer
of control.
FEDERAL LAW
The Cable Communications Policy Act of 1984, as amended by the Cable
Consumer Protection and Competition Act of 1992 and the Telecommunications Act of
1996 ("Cable Act"), provides at Section 617 (47 U.S.C. § 537):
Sales of Cable Svstems
A franchising authority shall, if the franchise requires franchising authority
approval of a sale or transfer, have 120 days to act upon any request for approval of
such sale or transfer that contains or is accompanied by such information as is
required in accordance with Commission regulations and by the franchising authority.
If the franchising authority fails to render a final decision on the request within 120
days, such request shall be deemed granted unless the requesting party and the
franchising authority agree to an extension of time.
0 The Cable Act also provides at Section 613d (47 U. S. C. § 533d) as follows:
(d) Reaulation of ownership by States or franchising authorities
. Any State or franchising authority may not prohibit the ownership or control of a
cable system by any person because of such person's ownership or control of any
other media of mass communications or other media interests. Nothing in this section
shall be construed to prevent any State or franchising authority from prohibiting the
ownership or control of a cable system in a jurisdiction by any person (1) because of
such person's ownership or control of any other cable system in such jurisdiction, or
(2) in circumstances in which the State or franchising authority determines that the
acquisition of such a cable system may eliminate or reduce competition in the delivery
of cable service in such jurisdiction.
Further, the Federal Communications Commission ("FCC") has promulgated
regulations governing the sale of cable systems. Section 76.502 of the FCC's
regulations (47 C.F.R. § 76.502) provides:
•
322714/1 2
'5-t
47 C.F.R. § 76.502 Time Limits Analicable to Franchise Authority,
Consideration of Transfer Aaalications
(a) A franchise authority shall have 120 days from the date of submission of
a completed FCC Form 394, together with all exhibits, and any additional
information required by the terms of the franchise agreement or
applicable state or local law to act upon an application to sell, assign, or
otherwise transfer controlling ownership of a cable system.
(b) A franchise authority that questions the accuracy of the information
provided under paragraph (a) must notify the cable operator within 30
days of the filing of such information, or such information shall be
deemed accepted, unless the cable operator has failed to provide any
additional information reasonably requested by the franchise authority
within 10 days of such request.
(c) If the franchise authority fails to act upon such transfer request within
120 days, such request shall be deemed granted unless the franchise
authority and the requesting party otherwise agree to an extension of
time.
0 STATE LAW
Minnesota Statutes Section 238.083 Sale or Transfer of Franchise
provides:
Subd. 1. Fundamental corporate change defined. For purposes of this
section, "fundamental corporate change" means the sale or transfer of a majority of a
corporation's assets, merger, including a parent and its subsidiary corporation,
consolidation or creation of a subsidiary corporation.
Subd. 2. Written approval of franchising authority. A sale or transfer of a
franchise, including a sale or transfer by means of a fundamental corporate change,
requires the written approval of the franchising authority. The parties to the sale or
transfer of a franchise shall make a written request to the franchising authority for its
approval of the sale or transfer. The franchising authority shall reply, in writing, within
30 days of the request and shall indicate its approval of the request or its
determination that a public hearing is necessary if it determines that a sale or transfer
of a franchise may adversely affect the company's subscribers. The franchising.
authority shall conduct a public hearing on the request within 30 days of that
determination.
Subd. 3. Notice of hearing. Unless otherwise already provided for by local
t law, notice of the hearing must be given 14 days before the hearing by publishing
notice of it once in a newspaper of general circulation in the area being served by the
322714/1 3
5-1 aL
franchise. The notice must contain the date, time, and place of the hearing and must
briefly state the substance of the action to be considered by the franchising authority.
Subd. 4. Approval or denial of sale or transfer request. Within 30 days
after the public hearing, the franchising authority shall approve or deny, in writing, the
sale or transfer request. The approval must not be unreasonably withheld.
Subd. 5. Sale or transfer of franchise without system. The parties to the
sale or transfer of a franchise only, without the inclusion of a cable communications
system in which at least substantial construction has commenced, shall establish that
the sale or transfer of only the franchise will be in the public interest.
Subd. 6. Sale or transfer of stock. Sale or transfer of stock in a corporation
so as to create a new controlling interest in a cable communications system is subject
to the requirements of this section.
The term "controlling interest, "as used herein, is not limited to majority stock
ownership, but includes actual working control in whatever manner exercised.
LOCAL LAW
0 The franchise at Section 25. Transfer of Ownership provides:
A. A Franchise shall not be assigned or transferred, either in whole or in part,
or leased, sublet or mortgaged in any manner, nor shall title thereto, either
legal or equitable or any right, interest or property therein, pass to or vest
in any person other than an Affiliate of Grantee without the prior written
consent of City, which consent shall not be unreasonably withheld.
Further, Grantee shall not sell or transfer any stock or ownership interest
so as to create a new controlling interest except with the consent of City,
which consent shall not be unreasonably withheld.
8. Any sale or transfer of Franchise, including a sale or transfer by means of
a fundamental corporate change, requires the written approval of City.
The parties to the sale or transfer of Franchise shall make a written
request to City for its consent. City shall reply in writing within 30 days of
actual receipt of the request and shall indicate its approval of the request
or its determination that a public hearing is necessary. City shall conduct
a public hearing on the request within 30 days of such determination if it
determines that a sale or transfer of Franchise may adversely affect the
Grantee's subscribers.
C. Unless otherwise already provided for by local law, notice of any such
hearing shall be given 14 days prior to the hearing by publishing notice
thereof once in a newspaper of general circulation in the City. The notice
322714/1 4
shall contain the date, time and place of the hearing and shall briefly state
the substance of the action to be considered by City. Within 30 days after
the public hearing, City shall approve or deny in writing the sale or transfer
request.
D. In a sale or transfer of only a Franchise, without the inclusion of the
System in which at least substantial initial construction has commenced, a
Grantee shall be required to establish to a sole satisfaction of City that the
sale or transfer of a Franchise is in the public interest.
E. For purposes of this section, fundamental corporate change means the
sale or transfer of a controlling interest in the stock of a corporation or the
sale or transfer of all or a majority of a corporation's assets, merger
(including a parent and its subsidiary corporation), consolidation or
creation of a subsidiary corporation. For the purposes of this Section,
fundamental partnership change means the sale or transfer of all or a
majority of a partnership's assets, change of a general partner in a limited
partnership, change from a limited to a general partnership, incorporation
of a partnership, or change in the control of partnership.
F. The word "control, as used herein, shall apply to the sale or transfer of all
or a majority of Grantee's assets or shares of stock, merger (including any
parent and its subsidiary corporation), consolidation, creation of a
subsidiary corporation of the parent company, or sale or transfer of stock . .
in Grantee so as to create a new controlling interest. The term "controlling
interest" as used herein is not limited to majority stock ownership, but
includes actual working control in whatever manner exercised, including
the creation or transfer of decision-making authority to a new or different
board of directors. Every change, transfer or acquisition of control of a
Grantee shall make the Franchise subject to cancellation unless and until
City shall have consented in writing thereto, which consent shall not be
unreasonably withheld. For the purpose of determining whether it shall
consent to such change, transfer or acquisition of control, City may inquire
into the qualifications of the prospective controlling party. The City
reserves the right to seek reimbursement of its costs for conducting an
inquiry to the extent permitted by applicable state and federal law. The
preceding statement does not constitute an agreement by any party to
reimburse the City.
G. In no event shall a transfer or assignment of ownership or control be
approved without transferee becoming a signatory to a Franchise.
H. Any transferee of a Franchise shall be subordinate to any right, title or
interest of City.
•
322714/1 5
•
•
•
1. For information on the right of the City to purchase the cable system
during a transfer of ownership, see Section 26.
J. Notwithstanding anything to the contrary, no such consent or approval
shall be required for a transfer or assignment to any Person controlling,
controlled by or under the same common control as the Grantee.
322714/1 6
0 Description of Transfer of Control
On January 10, 2000, an Agreement of Plan and Merger ("Merger Agreement")
was entered into between America Online, Inc., a Delaware corporation ("AOL"), and
Time Warner Inc., a Delaware corporation ("TWI"). The Merger Agreement
contemplates the two existing parent corporations, AOL and TWI to merge and become
wholly-owned subsidiaries of a to-be-formed and ultimate parent called AOL Time
Warner, Inc. ("AOL Time Warner").
To that end, AOL Time Warner will first form two new subsidiaries, referred to in
the Merger Agreement as "AOL Merger Sub" and "Time Warner Merger Sub". The
Merger Subs are to be formed solely for the purpose of effectuating the merger. AOL
will merge into the AOL Merger Sub, with the AOL Merger Sub ceasing to exist as an
operation of law. TWI will merge into the Time Warner Merger Sub, with the Time
Warner Merger Sub ceasing to exist as an operation of law. AOL and TWI, as merged
with the Merger Subs, will become wholly-owned subsidiaries of the new parent and
holding company, AOL Time Warner. The Merger Subs will be corporations organized
under the laws of Delaware and will presumably be renamed upon incorporation.
Pursuant to the Merger Agreement, all of the issued and outstanding capital
stock of AOL and TWI will be exchanged and converted into shares of capital stock of
AOL Time Warner with virtually identical rights and preferences. This includes all series
and classes of both AOL and. TWI. The Merger Agreement establishes the conversion
ratio for each of the series and specific classes of capital stock.
The Franchisee is the operating subsidiary currently holding the Franchise and
operating the cable television system within the City. Upon consummation of the
merger, the Franchisee will remain unchanged. It will continue to hold the Franchise
and operate the cable system. There will be no sale or assignment of the Franchisee or
the system it operates. There will, however, be a change in the parent corporation that
controls the Franchisee. As such, the request of TWI is to authorize the change of
control of the Franchisee, not a change of ownership of the cable television system.
To better understand the proposed merger, a corporate chart has been provided
on the following page.
•
322714/1 7
Chart Demonstrating Proposed Merger
Before the merger, Time Warner Inc. and America Online, Inc. are separate and unrelated
corporate utilities.
Time Warner Inc. America Online, Inc.
Time Warner Inc. merges into Time Warner Merger Sub with Time Warner Inc. surviving the
merger (to be renamed at a later date) and Time Warner Merger Sub ceasing to exist.
Time Warner Time Warner Time Warner
Inc. Merger Sub > Inc.
America Online, Inc. merges into AOL Merger Sub with America Online, Inc. surviving the
merger (to be renamed at a later date) and AOL Merger Sub ceasing to exist.
America Online, AOL Merger Sub America Online,
Inc. '' > Inc.
A new holding company, AOL Time Warner, Inc., serves as parent of the two wholly-owned
subsidiaries, Time Warner Inc. and America Online, Inc.
i AOL Time
Warner, Inc.
Time America
Warner Inc. Online, Inc.
Time Warner cable remains the cable management arm for the new parent, AOL Time
Warner, Inc., and the City's Franchisee, will remain unchanged.
AOL Time
Warner, Inc.
Time America
Warner, Inc. Online, Inc.
Time Warner
Cable
Franchisee
•
322714/1 8
,5-1
i Legal Qualifications
The legal qualifications standard relates primarily to an analysis of whether the
Franchisee, as controlled by AOL Time Warner, will remain duly organized and
authorized to operate the cable television system under the terms of the Franchise. The
applicable standard of review is that the City's consent shall not be unreasonably
withheld.'
The proposed transferee, AOL Time Warner, is a corporation that was
incorporated under the laws of Delaware on February 7, 2000. It will not commence
business operations until consummation of the proposed transaction. As such, it has
not had an application for a cable television franchise transfer or renewal dismissed or
denied by any franchise authority. As the parent of the Franchisee, AOL Time Warner
need not be qualified to do business in the state where the City and the system used by
the Franchisee are located.
TWI has stipulated that it is aware of no instance in which Time Warner Cable,
the management arm of TWI, or any of its affiliates has been denied renewal of a cable
television franchise. In only two instances were applications for a consent to transfer a
franchise denied, both involving a transfer from Time Warner Entertainment Company,
L.P. ("TWE") to an affiliated entity, Time Warner Entertainment - Advance/Newhouse
Partnership. Certain issues of,dispute remain unresolved. In both situations, TWE
continues to hold the franchise and operate the system pending authorization of the
proposed transfers.
Under the Merger Agreement, the Franchisee will remain the holder of the
Franchise and will continue to operate the cable television system in the City. We
therefore focus our analysis on the Franchisee and its pertinent legal qualifications.
The Franchisee is currently registered and authorized to conduct business in the
State of Minnesota. TWI has stipulated that the Franchisee, as the legal entity that
operates the City's cable system, will not change and that the Franchisee will continue
to be duly qualified to transact business in said State. To confirm this is the case, a
certificate of good standing was obtained from the Secretary of State, and according to
the certificate, the Franchisee currently is in good standing to conduct business and
operate the system in the City.
Based on the foregoing, we conclude it would be unreasonable for the City to find
that upon closing of the transaction contemplated under the Merger Agreement, the
Franchisee, as controlled by AOL Time Warner, will not be legally qualified.
•
See Minn. Stat. Section 238.083.
322714/1 9
Technical Qualifications
The technical qualifications standard relates to the technical expertise and
experience of the Franchisee, as controlled by TWI America Online, to operate and
maintain a cable television system under the Franchise. In such a review, the standard
is once again that the City's consent shall not be unreasonably withheld. 2
As stated, the Franchisee will remain unchanged, and with that, TWI has
stipulated that the local management and staff will remain the same. The local
management and staff will continue to report to the same executives of Time Warner
Cable, which is the cable management arm of the existing and ultimate parent of the
Franchisee, TWI. Assuming this is true, the City should be unaffected by the merger
and resulting transfer of control. For example, customer service issues will be directed
to the same personnel as before the transfer, and the same level of service at the local
level should be provided.
What begs the question, however, is the reason why AOL and TWI would merge
and create a new parent if subscribers would experience no change. True, decisions
may happen at the upper management level, making it appear that the City and its
subscribers will go unaffected, but such decisions will have to be implemented at the
local level. With such a monumental merger of media and information companies, there,
is reason to believe that the City may see some changes at the local level, whether AOL
Is and TWI anticipate them at this point or not.
Currently, Time Warner Cable or its affiliates manage cable systems serving a
total of approximately 12.6 million cable subscribers, geographically concentrated in 35
groupings of more than 100,000 subscribers each. It boasts being "one of the largest
and most experienced multiple system cable operators in the United States." Now, with
the proposed merger with AOL, Time Warner Cable will undoubtedly manage many
more subscribers with new issues, many of which may relate to Internet service over the
cable system. This is likely, considering the incredible presence AOL has over the
Internet and the future offering of its Internet service over existing TWI cable systems.
Although the possible benefits of the merger abound, so do the possible strains on
management, namely Time Warner Cable.
TWI states that it is committed to giving its customers not only an array of
entertainment and information choices, but also high quality service. In its efforts to
provide the former, the latter may suffer. Local personnel may have every good
intention to continue to provide quality service to the City and its subscribers, but strain
on upper level management may filter down to the local level, creating confusion and
inefficiency.
We remain optimistic, however, that the merger, by combining the strengths of
the cable and Internet industry, will provide subscribers with countless benefits.
2 See Minn. Stat. Section 238.083.
322714/1 10
Particularly, Internet service over cable systems which is many times faster than
traditional service over telephone lines, even telephones lines with digital subscriber line
("DSL") service. Despite such optimism and as previously stated, we remain concerned
that management will be strained as a result of this mega-merger, such strain
particularly felt by Time Warner Cable.
Based on the foregoing, we conclude it would be unreasonable for the City to find
that upon closing of the transaction contemplated under the Merger Agreement, the
Franchisee, as controlled by AOL Time Warner, will not be technically qualified.
0
•
322714/1 11
5,C20
Financial. Qualifications
OVERVIEW AND SCOPE OF ANALYSIS
The following is a summary of our analysis of selected financial information
provided by Time Warner, Inc., a Delaware corporation ("Time Warner") in conjunction
with Time Warner's request for consent to the change in control of a television cable
system ("System") serving the City which will occur as the result of the merger of Time
Warner and America Online, Inc., a Delaware corporation ("AOL") (the "Merger").
The selected financial information to which our review has been limited, consists solely
of the following (collective, the "Financial Statements"):
1. Time Warner Form 10-K for the fiscal year ended December 31, 1998;
2. Time Warner Form 10-Q for the quarterly period ended September 30,
1999;
3. AOL Form 10-K for the fiscal year ended December 31, 1998; and
4. AOL Form 10Q for the quarterly period ended September 30, 1999
Our procedure is limited to providing a summary of our analysis of the Financial
Statements and other relevant information to facilitate the City's assessment of the
financial capabilities of AOL Time Warner, Inc., a Delaware corporation to be formed to
consummate the Merger, to become the ultimate parent and successor operator of the
System serving the City.
SUMMARY OF TRANSACTION
Time Warner and AOL entered into an Agreement and Plan of Merger dated
January 10, 2000 (the "Merger Agreement") pursuant to which AOL and Time Warner
established the terms and conditions whereby both AOL and Time Warner would
become wholly-owned subsidiaries of AOL Time Warner, Inc., a Delaware corporation
to be formed ("AOL Time Warner"). The Merger is to be accomplished by AOL and
Time Warner causing AOL Time Warner to form two wholly-owned subsidiaries, "AOL
Merger Sub" and "Time Warner Merger.Sub." AOL would merge AOL Merger Sub into
itself and Time Warner would merge Time Warner Merger Sub into itself. Immediately
following the mergers of the foregoing described Constituent Corporations, AOL and
Time Warner would become wholly-owned subsidiaries of AOL Time Warner. In
accordance with the provisions of the Merger Agreement, all of the issued and
outstanding capital stock of all series and classes of each of AOL and Time Warner
would be exchanged and converted into shares of capital stock of AOL Time Warner
with virtually identical rights and preferences. The Merger Agreement establishes the
conversion ratio for each of the specific classes and series of capital stock.
322714/1 12
Sa?
As a result of the Merger, the Time Warner operating subsidiary that currently
holds the franchise to operate the System in the City will continue to hold the cable
franchise notwithstanding the Merger. As such, the request of Time Warner is to
authorize the change of control, not change of ownership of the System.
COMPARATIVE ANALYSIS OF PRO FORMA FINANCIAL STATEMENTS
Neither federal law nor FCC regulations provide franchising authorities with any
guidance concerning evaluation of the financial qualifications of an applicant for a cable
franchise. In certain circumstances, it is appropriate to consider the performance of an
applicant based on the applicant's historical performance in relation to recognized
industry standards. Given the fact that Time Warner, through its operating entities, has
a history of cable system operations, such statistical analysis is relevant with respect to
the Time Warner's historical operations. We have based our analysis, in part, on
industry standards which are generally recognized in making such a determination.
These industry standards are more precisely described below.3
. Based on the selected pro forma financial information which we analyzed, the
following is a summary of the various financial factors, as compared to the applicable
Industry Standards, for the 9-month period ended September 30, 1999 and the 12-
month periods ended December 31, 1998 and 1997.
...........:..:...:.:.. .
iii%iiy$•:,v'.:iT}:: ;}:;: i:.}r.?'r::'^:::::9: :
:::::::::::.}: n:: }::v: T:•}:•}:•:: }:•}}}}}}}:?•:•}:>v::w: x: •}:•:i>.:: ^.'4.:........ : n:..+ '. ' :•. " :. ' . ` i:.'•. ';• ''+ v •\v... •. h•. •.• :w::::::::....:.
Operating Ratio 60% or less 59.0% 56.3%
(op-expense/revenue)
Operating Margin 40% or more 41.0% 43.7%
(op-profit/revenue)
Pretax profit Margin +10% or more 3.0% 4.2%
(pretax income/revenue)
Debt/Equity Ratio 2.2:1 2.03:1 1.23:1
(long-term debt/total equity)
Current Ratio 1.0:1 1.00:1 1.18:1
(current assets/current
liabilities)
Operating Cash Flow N/A $4.9 Billion $2.2 Billion
EBITDA
EBITDA Margin 24.0% 25.2% 15.3%
(operating cash flow/revenue)
AOL FINANCIAL OVERVIEW
Based on information contained in the AOL 1999 annual report, for the 12
months ending June 30, 1999, AOL had total revenues of $4.8 billion, operating income
IS 3 Industry data based on information compiled by Paul Kagan and Associates.
322714/1 13
of $578.0 million and net income of $396.0 million, resulting in earnings per share of
• $.34. During fiscal 1999, AOL's membership grew from 12.5 million to 17.6 million or
approximately 41 %.
As of September 30, 1999, AOL had total current assets of $2.4 billion, total
assets of $6.5 billion, total current liabilities of $2.0 billion, total liabilities of $2.7 billion
and total stockholders equity of $3.8 billion. For the three months ended September 30,
1999, AOL EBITDA increased from $153 million to $386 million or 152% over the three
months ended September 30, 1998. EBITDA margin increased from 15.3% for the
three month ending September 30, 1998 to 26.3% for the three months ended
September 30, 1999, with an incremental EBITDA margin of approximately 50.0%.
AOL's net worth and historical results from operations, although not necessarily
indicative of future performance, do support the position that AOL, as a subsidiary of
AOL Time Warner, will not have a materially adverse impact on the overall operating
results from a financial standpoint due to the shifting of resources from Time Warner to
AOL for the sole purpose of funding AOL's ongoing operations and working capital
needs. In addition, based on AOL's historical results, it is also not unreasonable to
conclude that the historical financial results of operations of AOL may, under certain
circumstances, be available to fund the ongoing operations of Time Warner, including
providing working capital.
SUMMARY
• Based on the foregoing and limited strictly the Financial Statements, we do not
believe that Time Warner's request for transfer of control of the franchise to operate the
System can reasonably be denied based solely on lack of financial capabilities. This
statement should not be construed in any way to constitute an opinion as to the financial
capability of Time Warner, AOL or. AOL Time Warner either individually or jointly to
operate the existing System serving the City onto successfully consummate the
transaction contemplated by the Merger and to successfully incorporate the operation of
the existing System and Time Warner's existing business operations with the business
operations of AOL, upon which we express no opinion. The sufficiency of the
procedures used in making an assessment of AOL Time Warner's financial capability is
solely the responsibility of the City. Consequently, we make no representation regard.
sufficiency of the procedures used either for the purpose for which this analysis of
financial capabilities was requested or for any other purpose.
•
322714/1 14
s-a3
• Open Access Considerations
Cable television operators nationwide are beginning to provide access to the
Internet over their cable wires. Subscribers lease or buy "cable modems" that connect
to the computer and allow access to the Internet via cable, as opposed to local phone
lines. Cable modem service is often much faster than connections via phone lines and
is a very attractive service offering. Typically, the cable operator has an affiliation with
an Internet service provider ("ISP"), such as Road Runner or @Home, which
subscribers use to obtain access to the Internet. With the merger of TWI and AOL, AOL
Time Warner would gain its own ISP affiliate in which to provide TWI subscribers high-
speed Internet access, that being AOL. This benefit is likely a primary reason for the
proposed merger.
There has been considerable debate over whether cable television operators
must allow unaffiliated ISPs "open access" to their cable modem platforms. The
proposed transfer of control poses the question of whether AOL Time Warner will allow
open access to its cable modems for use of its system. Intending to provide more
competition and choice for subscribers, some local franchising authorities have taken an
aggressive approach by conditioning franchise renewals or transfers on open access
requirements. All who have done so have thus far found themselves in court.
One case that has gained national attention on this issue is AT&T Corp. v. Citv of
• Portland, 43 F. Supp. 2d 1146 (D. Org. 1999). In this case the City of Portland and
Multnomah County, Oregon, in reviewing the proposed transfer of control of TCI to
AT&T, passed a resolution requiring AT&T to allow unaffiliated ISPs to connect their
equipment directly to AT&T's cable modem platform, bypassing @Home, its proprietary
cable ISP. AT&T refused the open access requirement, which essentially led to a
denial of the proposed transfer. AT&T and TCI sued the City and County in federal
district court, where the City and County received a favorable decision. AT&T has since
appealed, and a decision from the Ninth Circuit Court of Appeals is expected sometime
in 2000.
Faced with ongoing criticism, AT&T not long ago announced its commitment to
provide open access to its cable and fixed wireless systems and afford subscribers a
choice of ISPs. The decision becomes effective this year for subscribers served by
AT&T's fixed wireless systems and in mid-2002 for subscribers of AT&T's broadband
cable systems, after AT&T's exclusivity -contract with cable ISP, @Home, expires.
Many cable operators argue that it is bad policy to mandate access to new
technologies and infrastructures that are privately owned and financed. The Federal
Communications Commission has so far maintained a hands-off approach, intending to
have competition control. Some public utilities commissions, such as Minnesota's for
example, have also avoided the issue, letting market forces drive the issue. Local
governments continue to point out that without regulation, cable providers may be able
to monopolize the Internet, and subscribers will not be able to select their ISP of choice.
322714/1 15
5,)L
• With the level of scrutiny the open access issue has undergone on the federal,
state, and local level, TWI and AOL have responded by entering into Memorandum of
Understanding Regarding Open Access Business Practices dated February 29, 2000
("Memorandum"). According to TWI and AOL, they intend to enter into as quickly as
possible an agreement to provided broadband AOL Internet service on TWI's cable
systems. The agreement is to be used as a model for the commercial agreements that
will be available to other ISPs.
Specifically, the Memorandum commits to offer:
1. Consumer Choice: AOL and TWI stipulate that AOL Time Warner is
committed to offer consumers a choice among ISPs. Consumers will not
be required to purchase service from an ISP that is affiliated with AOL
Time Warner in order to enjoy broadband Internet service over AOL Time
Warner cable systems.
2. Diversity of ISPs: AOL and TWI stipulate that AOL Time Warner will not
place any fixed limit on the number of ISPs with which it will enter into
commercial arrangements, and it will offer these ISPs the choice to
partner on a national (on all AOL Time Warner cable systems), regional,
or local basis, in order to facilitate the ability of consumers to choose
among ISPs of difference size and scope.
• 3. Direct Relationship with the Customer for ISPs: AOL and TWI
stipulate that AOL Time Warner is also committed to allow both the cable
operator and the ISP to have the opportunity to have a direct relationship
with the consumer. Accordingly, both the cable operator and the ISP will
be allowed to market and sell broadband service directly to customers.
When an ISP sells broadband Internet service directly to a customer, it
may, if it so chooses, bill and collect from the customer directly.
4. Video Streaming: AOL and TWI stipulate that AOL Time Warner will
allow ISPs to provide video streaming, which is essentially video
conferencing over the Internet. AOL Time Warner states that it recognizes
that some consumers desire video streaming, and AOL Time Warner will
not block or limit it.
5. Fast Action: The Memorandum is subject to existing TWI obligations,
such as its contracts with other cable modem ISPs like Road Runner.
TWI stipulates that it is committed to provide consumer choice as quickly
as possible, and to that end, will work to achieve that goal before its
current obligations expire.
Despite such statements, TWI may struggle to achieve its goals of providing
consumer choice among ISPs in light of existing contract obligations with Road Runner
and other ISPs. AT&T, for example, has been forced to wait until mid-2002 to offer its
broadband subscribers such choice, when its contract with @Home expires.
322714/1 16
5-a 5?
The Memorandum states that AOL Time Warner will offer ISPs the choice to
• partner with it to offer broadband Internet service on a national, regional, or local basis
to facilitate choice among ISPs of different size and scope. However, it seems that only
those ISPs with the financial. resources to provide Internet service on a large scale will
be given such opportunity. The Memorandum states that AOL is committed to bring the
benefits of the Internet to all Americans, but it "will not allow ISPs to offer'redlined'
service to only a portion of an AOL Time Warner cable system..."
The Memorandum seems to encourage open access, which is a positive step
from the City's perspective. However, there are many terms, conditions, and
parameters that still need to be articulated and likely will be in the forthcoming
agreement between AOL and TWI. There is no doubt that the Memorandum is timely
as the City and many others like it are now considering the proposed transfer of control.
The Memorandum commits to open access, but under undisclosed terms and
conditions.
In light of the pending Portland decision, the City should be wary to condition
approval on open access issues. As stated before, those cities who have are in court.
We will keep the City abreast of any developments in the case and with the open
access issue in general. In the meantime, if the City chooses to approve the transfer,
the proposed resolution, found at Exhibit A to this Report, reserves the City's right to
impose open access conditions at a later date.
•
•
322714/1 17
5-o)-( .
•
Recommendations
Based strictly on the information made available to us at the time of this review,
we believe that the Franchisee, as controlled by AOL Time Warner, will possess the
necessary legal, technical, and financial qualifications based on the standards of review
identified in applicable law, and the Franchise as described within this Report.
Based on these findings, we recommend that:
•
1. The City Council review this Report, listen to public comment, as
necessary or appropriate, and undertake all necessary action to pass and adopt a
resolution similar in form and content to the document following these
recommendations.
2. The City follow-up to ensure that the Franchisee submit the Acceptance of
the Resolution Approving the Transfer of Control, which must be delivered following
closing of the transaction.
322714/1
18
•
STAFF REPORT
MOAN CITY COUNCIL MEETING
MARCH 27, 2000
AGENDA SECTION: Consent
AGENDA ITEM # 4H
REPORT # 89
REPORT PREPARED BY: JOHN STARK,
COMMUNITY DEVELOPMENT MANAGER
NAME, TITLE
BRUCE PALMBORG,
REPORT PRESENTER: COMMUNITY DEVELOPMENT DIRECTOR
NAME, TITLE
DEPARTMENT DIRECTOR REVIEW
REVIEWED BY CITY MANAGER:
o-?
L J
SIGNATURE
-t.
ITEM FOR COUNCIL CONSIDERATION:
Consideration to authorize the Mayor to sign a consent and conflict waiver for Leonard, Street
and Deinard regarding the redevelopment of property at 7600 Lyndale Avenue South within
the Lyndale Gateway Redevelopment Area.
RECOMMENDED ACTION:
By Motion: Authorize the Mayor to sign a consent and conflict waiver
for Leonard, Street and Deinard regarding the redevelopment of
property at 7600 Lyndale Avenue South within the Lyndale Gateway
Redevelopment Area.
•
III. BACKGROUND
Chuck Dayton is an attorney with Leonard, Street and Deinard. This firm is currently
providing local representation on airport litigation. Mr. Dayton has advised us that
his firm has become aware of a potential conflict of interest regarding the property
at 7600 Lyndale Avenue South within the Lyndale Gateway Redevelopment Area.
Mr. Dayton's client in, this matter is Midwest Auto Distributors, Inc. in connection
with property occupied by Champion Auto Store. This property may be acquired,
either privately or through condemnation as part of CSM's redevelopment plans for
the Lyndale Gateway Area.
0327conflict waiver
814-1
III. BASIS OF RECOMMENDATION
A. POLICY
• It is appropriate in cases like this for the attorney to seek a consent and
conflict waiver. The conflict waiver request has been reviewed by the
City's Attorney.
B. CRITICAL ISSUES
• N/A
C. FINANCIAL
• N/A
D. LEGAL
• N/A
IV. ALTERNATIVE RECOMMENDATION(S) I
• The Council may decide not to authorize the conflict waiver. If this would
occur, Leonard, Street and Deinard would need to consider resigning
representation to either the City or Midwest Auto Distributors.
V. ATTACHMENTS
I
• Consent and conflict waiver
• Letter from Leonard, Street and Deinard
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• N/A
is
`11-7 _z
CONSENT& CONFLICT WAIVER
With respect to Leonard, Street and Deinard's representation of Midwest Auto Distributors,
Inc. in connection with the redevelopment of the property at 7600 Lyndale Avenue South,
the City of Richfield hereby consents to said representation and waives any conflict that
may arise as a result of Leonard, Street and Deinard's representation of the City of
Richfield in other matters, specifically matters relating to the Minneapolis-St. Paul
International Airport.
City of Richfield
By:
Its
•
0
LEONARD, STREET AND DEINARD
0 PROFESSIONAL ASSOCIATION
March 15, 2000
Samantha Orduno
Richfield City Manager
6700 Portland Avenue South
P.ich field, 1,41 55423
Re: Leonard, Street and Deinard
Dear Ms. Orduno:
Charles K. Dayton
612-335-1665
charles.dayton@leonard.com
This firm has, from time to time, represented the City of Richfield in connection with elements at
the Minneapolis/St. Paul airport, although that representation has been dormant in the past year.
The firm is undertaking the representation of Midwest Auto Distributors, Inc. in connection with
the condemnation of land occupied by Champion Auto Store, at 7600 Lyndale Avenue South.
To the extent that the representation of Midwest Auto Distributors represents any conflict of
interest with our representation or potential representation of the City of Richfield in connection
with airport matters, we request that the City Council waive any objection it might have to such a
conflict of interest.
Thank you for your consideration.
Very truly yours,
LEONARD, STREET AND DEr?ARD
Professional Association
Charles K. Dayton
CKD:km
cc: James Dorsey
John Stark, Richfield Community Development Agency
ISO SOUTH FIFTH STREET SUITE 2300 MINNEAPOLIS, MINNESOTA 55402 TEL 612-335-1500, FAX 612-335-1657
1921529vi (156NT01!.DOC) LAW OFFICES IN MINNEAPOLIS, SAINT PAUL AND MANKATO
AGENDA SECTION:
AGENDA ITEM #
REPORT #
J
STAFF REPORT
COUNCIL MEETING DATE:
MARCH 279 2000
REPORT PREPARED BY:
REPORT PRESENTER:
DEPARTMENT DIRECTOR REVIEW:
REVIEWED BY CITY MANAGER:
Consent
4G
88
BETSY CHRISTENSEN, ADMINISTRATIVE
SUPPORT SERVICES MANAGER
NAME, TITLE
DAN SCOTT, DIRECTOR OF PUBLIC
SAFETY
NAME, TITLE
" •
SIGNATURE
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a request for an Itinerant Place of Amusement license with fee waived for
Richfield Women of Today, 6527 - 17th Avenue South, for their Fourteenth Annual Richfield
Community Easter Egg Hunt to be held on April 9, 2000.
I. RECONIlVIENDED ACTION:
By Motion: Council approval of an Itinerant Place of Amusement
license with fee waived for Richfield Women of Today to hold their
Fourteenth Annual Richfield Community Easter Egg Hunt on April 9,
2000.
III. BACKGROUND
• The application requesting an itinerant place of amusement license was received by
the City on March 22, 2000.
• The event will take place at the Community Center, located at Augsburg Park, from
11 a.m. to 3 p.m.
• The Richfield Women of Today organization is requesting a waiver of the licensing
fee as it is a non-profit organization.
• Food items such as soda, candy, and chips will be available.
0327RWOT
14(?_'l
III. BASIS OF RECOMMENDATION
A. POLICY
• The applicant has complied with City code pertaining to this license.
• This has been an annual event for the Richfield Women of Today and has
been approved in the past.
B. CRITICAL ISSUES
• N/A
C. FINANCIAL i
• N/A
D. LEGAL
• N/A
IV. ALTERNATIVE RECOMMENDATION(S)
Reject the application for an Itinerant Place of Amusement license for Richfield Women
of Today.
V. ATTACHMENTS
N/A
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
Brenda Schramm, President, Richfield Women of Today or
Pamela Keator, On-site manager
•
•
AGENDA SECTION: CONSENT
AGENDA ITEM # 4F
REPORT # 87
J
REPORT PREPARED BY:
THOMAS P. FERBER, CITY CLERK
NAME TITLE
REPORT PRESENTER:
STAFF REPORT
CITY COUNCIL MEETING
MARCH 27, 2000
DEPARTMENT DIRECTOR REVIEW: 0
REVIEWED BY CITY MANAGER: LJ
THOMAS.P. FERBER, CITY CLERK
l N TITLE
SIGNATURE
ITEM FOR COUNCIL CONSIDERATION:
Consideration of approval of a Lease Agreement between the City of Richfield and Hennepin
County for new election equipment.
1. RECOMMENDED ACTION:
By Motion: Approve the Lease Agreement between the City of
Richfield and Hennepin County for new election equipment.
•
III. BACKGROUND
The City Council approved the concept of participating in the Hennepin County
cooperative effort for the replacement of voting equipment on February 23, 1998.
The concept provided for the purchase of new voting equipment by the County for
use by the cities through a County/City User Agreement. All 47 cities in the County
gave concept approval.
Hennepin County has completed the bidding process and awarded a contract to
Election Systems & Software, Inc. to provide new election equipment for all the
cities in the County. The new equipment will be delivered in time for use by the
cities for the September 12, 2000 Primary Election.
0327ELECTI ONS
New voting equipment would provide several advantages over the existing
equipment (i.e. increased capacity of ballot to eliminate two ballot situation, remote
• wireless transmit of results direct from the precinct, automated Countywide
accumulation of results, and other technological improvements).
' III. BASIS OF RECOMMENDATION
A. POLICY I
• On February 23, 1998 the City Council approved the concept of a
Hennepin County cooperative effort for the replacement of voting
equipment.
• City Council approval of the Lease Agreement between the City and
Hennepin County is necessary for implementation of the concept for
the County to provide new election equipment for the City.
• Countywide uniformity of voting equipment will provide the opportunity
to upgrade or replace equipment in the future to respond to advances
in technology or law changes.
• The use of the equipment will remain at the discretion and control of
the City. The City could still allow the use of the voting equipment for
a School District Election as it has done at times in the past.
B. CRITICAL ISSUES
• • Hennepin County has requested City approval and return of a signed
original of the Lease Agreement no later than Wednesday, April 12,
2000.
• After Hennepin County has received the approved Lease Agreement,
the vendor can begin the process of delivery of the new election
equipment to the City.
• Any delay would complicate the schedule for delivery, training and
implementation of the new election equipment for the September 12,
2000 Primary Election.
C. FINANCIAL I
• The City will not have to pay the capital costs to acquire new voting
equipment. The estimated capital costs for the City would be about
$80,000 if the City were to purchase voting equipment on its own.
The County financing and ownership of the voting equipment means
no requirement for City funding.
• The City's annual fee paid to the County for the Maintenance Contract
Lease Agreement is lower than what the City is currently paying for
the voting equipment Maintenance Contract with a vendor.
• The annual fee for the Maintenance Contract will be $125 per unit.
The City will have 11 units which will result in an annual fee of $1375.
The equipment will be under warranty for 2000-2001; therefore the
annual fee will not begin until 2002.
4F- O.
• The City will continue to receive equipment programming and related
services from the County at no cost to the City. The City would have
to pay about $500 per election if programming was provided by the
vendor.
• The existing equipment has little or no market value for resale as with
any computer equipment that is over 10 years old. Transferring the
equipment to the County for trade-in consideration and receiving new
replacement equipment is a prudent decision.
D. LEGAL
• The County Attorney has prepared the proposed Lease Agreement.
• The City Attorney is available at the meeting to answer any legal
questions.
• The City Council previously approved the concept.
IV. ALTERNATIVE RECOMMENDATION(S)
• Defer action to a future Council Meeting.
• Propose different lease terms.
• Do not approve a lease for new voting equipment.
• The County has requested a response by April 12, 2000 to assure
implementation for this years elections. Any delay could jeopardize the
Countywide program for new voting equipment.
V. ATTACHMENTS I
• Letter from Marge Christianson, Manager of the Hennepin County Elections
Division.
• Hennepin County/City of Richfield Lease Agreement for Election Equipment.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
0 None.
?{F"3
Hennepin County
An Equal Opportunity Employer
March 15, 2000
City Clerk
City of Richfield
6700 Portland Avenue South
Richfield, MN 55423
Dear City Clerk:
Enclosed please find the Lease Agreement between your city and Hennepin
County for the new election equipment.
Please have the agreement routed to the proper authority for approval and return
the signed original to our office no later than Wednesday, April 12, 2000.
Once we have received the approved agreement from you; the process of
delivery of new equipment and retrieval of the old Optech IIIP precinct counters
will begin. ES&S will be contacting you to establish a convenient date and time.
If you have any questions, feel free to call me at (612)348-5103.
Thank you,
/!t
'Z?x Marge Christianson, Manager
Elections Division
MC:mdd
enclosure
Taxpayer Services Department
A-600 Hennepin County Government Center
Minneapolis, Minnesota 55487-0060
Recycled Paper
Agreement No. A08240
HENNEPIN COUNTY/CITY OF RICHFIELD
LEASE AGREEMENT
THIS AGREEMENT, made by and between the COUNTY OF HENNEPIN and the
CITY OF RICHFIELD, both political subdivisions of the State of Minnesota, hereinafter
referred to as the "County" and the "City" respectively. For purposes of this Agreement, the
address of the County is A2300 Government Center, Minneapolis, Minnesota 55487 and the
address of the City is 6700 Portland Avenue South, Richfield, Minnesota 55423.
WITNESSETH
WHEREAS, the Hennepin County Board of Commissioners in Resolution Number 99-6-
426 authorized the purchase of election equipment (hereinafter "Election Equipment") for a
countywide optical scan voting system, election hardware and services through the State of
Minnesota Cooperative Purchasing Agreement; and
WHEREAS, the County pursuant to Minn. Stat. § 383B.145, Subd. 9 may transfer
property to the City for its use; and
WHEREAS, the County desires to lease new Election Equipment to the City for use in all
City elections.
NOW THEREFORE, in consideration of the mutual undertakings and agreements
hereinafter set forth, the County and the City agree as follows:
Section 1
SCOPE OF AGREEMENT
1.1 The County hereby leases to the City at the cost identified below and subject to the terms
and conditions of this Agreement, and the City hereby agrees to lease from the County
Election Equipment identified as: one (1) Model 100 Optical Scan Precinct Count Unit
(including two (2) PCMIA memory cards, one (1) Model 100 metal ballot box, one (1)
Model 100 hard cover carrying case, and one (1) Model 100 soft cover carry case) for
each precinct contained within the City. The County may additionally lease to the City
and the City may lease from the County one (1) Model 100 Optical Scan Precinct Count
Unit and related items identified above for each backup Optech IIIP Precinct Count Unit
transferred to the County by the City for trade-in value.
0
F-5
Section 2
OWNERSHIP
2.1 The City acknowledges that the County owns the Election Equipment and that the City is
authorized to use said Election Equipment for official election related purposes. Use of
the Election Equipment for any other purpose is strictly prohibited absent express written
consent of the County.
2.2 The City acknowledges and agrees that the Election Equipment may contain proprietary
and trade secret information that is owned by Election Systems and Software (ESS) and
is protected under federal copyright law or other laws, rules, regulations and decisions.
The City shall protect and maintain the proprietary and trade secret status of the Election
Equipment.
Section 3
HANDLING OF EQUIPMENT AND INDEMNIFICATION
3.1 The City shall be responsible for the Election Equipment while it is in the City's custody.
The City either through insurance or a self-insurance program shall be responsible for all
costs, fees, damages and expenses including but not limited to personal injury, storage,
damage, repair and/or replacement of the Election Equipment while this contract is in
effect, consistent with the City's defense and indemnity obligations contained in Section
5.6 herein.
Section 4
TERM, TERMINATION
4.1 The City and the County agree that this Agreement is in effect during the period
commencing upon signature by the County and terminating when the City and County
mutually agree that the equipment will no longer be used for the City's elections, unless
terminated sooner by either party with cause upon seven (7) calendar days' written notice
to the other.
Section 5
OTHER TERMS AND CONDITIONS
5.1 No Waiver. No delay or omission by either party hereto to exercise any right or power
occurring upon any noncompliance or default by the other party with respect to any of the
terms of this Agreement shall impair any such right or power or be construed to be a
2
qF 1
waiver thereof unless the same is consented to in writing. A waiver by either of the
parties hereto of any of the covenants, conditions, or agreements to be observed by the
other shall not be construed to be a waiver of any succeeding breach thereof or of any
covenant, condition, or agreement herein contained. All remedies provided for in this.
Agreement shall be cumulative and in addition to, and not in lieu of, any other remedies
available to either party at law, in equity, or otherwise.
5.2 Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Minnesota.
5.3 Entire Agreement. This Agreement constitutes the entire agreement between the
parties, and there are no understandings or agreements relative hereto other than those
that are expressed herein. No change, waiver, or discharge hereof shall be valid unless in
writing and executed by both parties.
5.4 No Assignment. Neither party shall assign, sublet or transfer this Agreement, either in
whole or in part, without the prior written consent of the other party, and any attempt to
do so shall be void and of no force and effect.
5.5 THE CITY AGREES THAT THE COUNTY IS FURNISHING THE ELECTION
EQUIPMENT ON AN "AS IS" BASIS, WITHOUT ANY SUPPORT
WHATSOEVER, AND WITHOUT REPRESENTATION OR ANY EXPRESS OR
IMPLIED WARRANTIES, OTHER THAN THOSE PROVIDED BY ESS,
INCLUDING BUT NOT IN ANY MANNER LIMITED TO, FITNESS FOR
PARTICULAR PURPOSE, MERCHANTABILITY OR THE ACCURACY AND
COMPLETENESS OF THE ELECTION EQUIPMENT.
THE COUNTY'S SOLE LIABILITY AND THE CITY'S EXCLUSIVE REMEDY
FOR ANY SUBSTANTIAL DEFECT WHICH IMPAIRS THE USE OF THE
ELECTION EQUIPMENT FOR THE PURPOSE STATED HEREIN SHALL BE
THE RIGHT TO TERMINATE THIS AGREEMENT.
THE COUNTY DOES NOT WARRANT THAT THE ELECTION EQUIPMENT
WILL BE ERROR FREE.
THE COUNTY DISCLAIMS ANY OTHER WARRANTIES, EXPRESS OR
IMPLIED, RESPECTING THIS AGREEMENT OR THE ELECTION
EQUIPMENT.
5.6 In no event shall the County be liable for actual, direct, indirect, special, incidental,
consequential damages (even if the County has been advised of the possibility of such
damage) or loss of profit, loss of business or any other financial loss or any other damage
arising out of performance or failure of performance of this Agreement by the County.
The County and the City agree each will be responsible for their own acts and omissions
under this Agreement and the results thereof to the extent authorized by law and shall
defend, indemnify and hold harmless the other party for such acts. Each party shall not
3
q F,?
responsible for the acts, errors or omissions of the other party under the Agreement
and the results thereof. The parties' respective liabilities shall be governed by the
provisions of the Municipal Tort Claims Act, Minnesota Statutes Chapter 466, and other
applicable law. This paragraph shall not be construed to bar legal remedies one party
may have for the other parry's failure to fulfill its obligations under this Agreement.
5.7 Notice. Any notice or demand shall be in writing and shall be sent registered or certified
mail to the other party addressed as follows:
To the City:
(Name)
City of Richfield
6700 Portland Avenue South
Richfield, MN 55423
To the County: Hennepin County Administrator
A-2300 Government Center (233)
Minneapolis, MN 55487-0233
Copy to: Patrick H. O'Connor
Director, Taxpayer Services Department
A-600 Government Center (060)
Minneapolis, MN 55487-0060
10 5.8 Audit Provision. Both parties agree that either party, the State Auditor, or any of their
duly authorized representatives at any time during normal business hours, and as often as
they may reasonably deem necessary, shall have access to and the right to examine, audit,
excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to
the accounting practices and procedures of the other party and involve transactions
relating to this Agreement. Such materials shall be maintained and such access and rights
shall be in force and effect during the period of the contract and for six (6) years after its
termination or cancellation.
5.9 Whereas Clauses. The matters set forth in the "Whereas" clauses on page one of this
Agreement are incorporated into and made a part hereof by this reference.
5.10 Survival of Provisions. It is expressly understood and agreed that the obligations and
warranties of the City and County hereof shall survive the completion of performance
and termination or cancellation of this Agreement.
5.11 Authority. The person or persons executing this Lease Agreement on behalf of the City
and County represent that they are duly authorized to execute this Lease Agreement on
behalf of the City and the County and represent and warrant that this Lease Agreement is
a legal, valid and binding obligation and is enforceable in accordance with its terms.
•
4
Lit 8
5.12 For use of the Model 100 Optical Scan Precinct County Units, the City shall:
a. Pay the County the amount of One Hundred dollars ($100) per Model 100 Optical
Scan Precinct Count Unit upon delivery to the City of said equipment;
OR
b. Convey to the County Optech HIP Precinct Count Units equal in number to the
number of Model 100 Precinct Count Units delivered to the City. The City makes
no implied or express warranties concerning the equipment, and the County will
accept the Optech HIP Precinct Count Units if each is in reasonable working
condition.
5.13 Maintenance Agreement. The County will enter into a Maintenance Agreement with
Election Systems & Software, Inc., for maintenance of the City equipment at the
expiration of the Warranty Period, determined to be December 31, 2001. The City shall
obtain the services furnished by the Maintenance Agreement directly from Election
Systems & Software, Inc.. The annual fee for said Maintenance Agreement shall be One
Hundred Twenty-five dollars ($125) per unit, and any increase in the fee shall not exceed
three percent (3%) of the prior two (2) year Maintenance Agreement with the County.
The City shall reimburse the County for the County's out-of-pocket costs in securing the
Maintenance Agreement at the time of renewal of said agreement by the County.
Payment by the City shall be made within thirty-five (35) days of receipt of invoice.
5.14 Program Service. The County shall without charge, provide programming services
prior to each time the City uses the Election Equipment. Service for the accumulation of
election results may be made available at the discretion of the County.
5.15 Inspection and Return of Equipment. The County shall have the right to enter into and
upon the premises where the Election Equipment is located for the purposes of inspecting
the same or observing its use. On an annual basis, during the term of this Agreement, the
City shall comply with the County's request for verification. of Election Equipment
inventory. Upon termination of this Agreement, the. city shall forthwith deliver the
Election Equipment to the County or its designee, complete and in good order and
working condition. The City shall be responsible for all costs, including but not limited
to shipping, related to the repair or replacement of lost, stolen, destroyed or damaged
Election Equipment.
THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK
•
5
COUNTY BOARD APPROVAL
CITY, having signed this contract, and the Hennepin County Board of Commissioners
having duly approved this contract on the 3rd day of August, 1999, and pursuant to such
approval, the proper County officials having signed this contract, the parties hereto agree to be
bound by the provisions herein set forth.
Approved as to form COUNTY OF HENNEPIN
STATE OF MINNESOTA
By:
Assistant County Attorney Chair of Its County Board
Date:
And:
Assistant/County Administrator
Approved as to execution
ATTEST:
Deputy/Clerk of County Board
Assistant County Attorney
Date:
CITY OF RICHFIELD
Approved as to form By:
Mayor
By:
City Attorney City Clerk/City Manager
Date:
•
6
•
AGENDA SECTION: CONSENT
AGENDA ITEM # 4E
REPORT # 86
STAFF REPORT
CITY COUNCIL MEETING
MARCH 27, 2000
•
•
REPORT PREPARED BY: CHERYL KRUMHOLZ, ADMIN. ASST.
NAME, TITLE
REPORT PRESENTER: SAMANTHA ORDUNO, CITY MANAGER
NAME, TITLE
DEPARTMENT DIRECTOR REVIEW:
SIGNATURE
REVIEWED BY CITY MANAGER: LJ 1 QITEM FOR COUNCIL CONSIDERATION:
Consideration of change of City of Richfield liaison appointment to the Metropolitan Airport
Sound Abatement Council
I. RECOMMENDED ACTION:
By Motion: Appoint Pam Dmytrenko, Assistant to the City Manager,
as City of Richfield's liaison voting member for the Metropolitan
Airport Sound Abatement Council.
II. BACKGROUND
The City of Richfield is a member of the Metropolitan Airport Sound Abatement
Council (MASAC). Two representatives and two alternates for the City of Richfield
are appointed annually by the City Council.
In January 2000, the Council appointed Council Member Kristal Stokes and Special
Projects Aide Mark Hinds as MASAC representatives. The Council appointed
Council Member Russ Susag and City Manager Samantha Orduno as MASAC
alternates.
0227masac
•
0
yC
IIL.
BASIS OF RECOMMENDATION
A. POLICY I
• The City of Richfield is a member of MASAC.
• In January of each year, the City of Richfield appoints two
representatives and two alternates to MASAC.
B. CRITICAL ISSUES
• In January 2000, the City Council appointed Mark Hinds as one of two
MASAC representatives.
• In March 2000, Mark resigned from his internship position as Special
Projects Aide for the City of Richfield, thereby ending his term as a
MASAC representative.
• Pam Dmytrenko was appointed Assistant to the City Manager.
Included in the assistant's responsibilities is serving as the MASAC
representative.
• If Ms. Dmytrenko's appointment is approved by the City Council, it will
become effective immediately.
• It is very important that the City Council consider appointing Ms.
Dmytrenko as a voting member to continue the City's representation
on MASAC.
C. FINANCIAL
• N/A
D. LEGAL
• N/A
IV. ALTERNATIVE RECOMMENDATION(S)
• Defer the appointment to another Council meeting.
• Do not approve the appointment of Pam Dmytrenko as a voting member of
MASAC.
V. ATTACHMENTS
• None
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None
40
•
AGENDA SECTION: Consent
AGENDA ITEM # 4D
REPORT # 85
STAFF REPORT
CITY COUNCIL MEETING
MARCH 27, 2000
REPORT PREPARED BY: GEORGE ATKINSON, ENGINEERING
SUPERVISOR
NAME, TITLE
REPORT PRESENTER: JIM TOPIZHOFFER, RECREATION DIRECTOR
NAME, TITLE
•
DEPARTMENT DIRECTOR REVIEW
REVIEWED BY CITY MANAGER:
L
13"/"
ITEM FOR COUNCIL CONSIDERATION:
Consideration of change order to construct bridge abutments as part of the G. L. Contracting,
Inc. contract for raising selected trails at Wood Lake Nature Center.
1. RECOMMENDED ACTION:
By Motion: Approve a Change Order in the amount of $28,900 to
construct bridge abutments as part of the G. L. Contracting, Inc.
contract for raising selected trails at Wood Lake Nature Center, City
Project No. 503-30-589.
II. BACKGROUND
On February 14, 2000 the City Council awarded a contract to G. L. Contracting, Inc.
in the amount of $76,439.95 for raising selected trails at Wood Lake Nature Center,
City Project No. 503-30-589. Two bridges are in need of replacement at Wood
Lake Nature Center as a result of their condition and the raising of the trails. The
proposed Change Order would provide for construction of bridge abutments that
would allow for the eventual placement of the bridge. The abutments will be funded
by special revenues on the revised 2000 CIB.
City staff is working with Gramercy Park Corporation for a written agreement
whereby Gramercy would donate the funds for constructing and installing new
0327-WLtrailsCO
4)_1
bridges. In the event Gramercy does not choose to make the donation, other
arrangements will be made to provide bridges.
III. BASIS OF RECOMMENDATION
A. POLICY I
• The Council must take action on any proposed expenditure of $25,000
or more.
B. CRITICAL ISSUES I
• The contractor now on site has nearly completed the trail raising. The
contractor has the capability of providing the bridge abutments. The
contractor can do the work now, before leaving the site and moving
onto other projects. The raised trails are four feet higher than the
former bridges. For the safety of the Nature Center visitors, it is
important that the work, including new bridges, be completed as soon
as possible.
C. FINANCIAL I
• The Revised 2000 Capital Budget will include Special Revenues for
the construction of the bridge abutments.
• Gramercy Park Corporation is considering a donation to finance two
new bridges at Wood Lake Nature Center.
D. LEGAL
• The City Attorney will be at the Council meeting to answer any legal
questions posed.
IV. ALTERNATIVE RECOMMENDATION(S) I
• Require open bidding for the provision of the bridge abutments. However,
the time delay required for the bidding process will extend the time the trails
are unusable for Nature Center visitors. It is also believed that, because the
G. L. Contracting, Inc. is currently on-site, the proposed amount of the
Change Order is less than will be received if the work were to be bid
separately.
V. ATTACHMENTS
• Photo of existing trail/bridge site at Wood Lake Nature Center.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None.
40
•
•
•
q&;L
0327-WLtraiisCO
_J
AGENDA SECTION: CONSENT
MARCH 279 2000
REPORT PREPARED BY: GEORGE ATKINSON, ENGINEERING
SUPERVISOR
NAME, TITLE
REPORT PRESENTER: MIKE EASTLING, PUBLIC WORKS DIRECTOR
NAME, TITLE
DEPARTMENT DIRECTOR REVIEW:
fGNATURE
REVIEWED BY CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of award of contract for the 2000 sealcoating project.
1. RECOMMENDED ACTION:
By Motion: Accept the bid minutes/tabulation and award a contract to
Allied Blacktop Co. in the sum of $174,878.65 for sealcoating work to
be done in 2000.
IIL BACKGROUND
Sealcoating streets is an effective technique for slowing the deterioration of
blacktopped streets. The sealcoating process involves applying a thin coat of
emulsified oil, then covering it with buckshot sized rock.
A bid opening was held April 20, 2000 for the sealcoating project. The 2000
adopted Street Maintenance budget contains $170,000 for the contracted
sealcoating. The contract is based upon estimated quantities. Payments will be
made on actual work performed. Council would be authorizing a contract at the
stated amount, with the stipulation that the contract documents allow variations.
0327sealcoat
vJ
III. BASIS OF RECOMMENDATION
A. POLICY
• In 1995, Council initiated an accelerated street maintenance program.
The program includes asphalt crack repair, asphalt milling and
patching and sealcoating of all City streets in five-year cycles.
B. CRITICAL ISSUES
• N/A
C. FINANCIAL
• Allied Blacktop Co. submitted the lowest responsible bid.
• Although the amount budgeted for the contract work is slightly less
than the bid amount, the 2000 Street Maintenance budget contains
adequate funds for the work included on this project. The contractor's
bid on estimated quantities and amounts will be monitored.
D. LEGAL
• N/A
IV. ALTERNATIVE RECOMMENDATION(S) .
• Council may choose to discontinue the sealcoating program. However, the
program appears to be maintaining and extending the usable life of the City's
residential streets.
• Council may choose to reject all bids and direct staff to obtain new bids;
however, the prices received for this work are extremely good, and staff does
not believe lower prices can be obtained from a reputable contractor.
V. ATTACHMENTS
• A map of the proposed 2000 sealcoat area.
• A copy of the April 20, 2000 bid minutes/tabulation.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
None.
0
Llc,c
CITY OF RICHFIELD, MINNESOTA
• Bid Opening
March 20, 2000
10:00 a.m.
2000 Bituminous Sealcoating Construction
Bid No. 00-01
City Project No. 101-35-601
•
Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff
was called by Debbie Guiher, Acting City Clerk, who announced that the purpose of the
meeting was to receive, open and read aloud, bids for 2000 bituminous sealcoating
construction, bid no. 00-01, as advertised in the official newspaper on March 1, 2000.
Present: Debbie Guiher, Acting City Clerk
George Atkinson, Public Works Representative
Cheryl Krumholz, City Manager Representative
The following bids were submitted and read aloud:
Vendor Bid Security Total Bid Amount
Bituminous Roadways, Inc. 5% Bid Bond $ 179,121.24
Astech 5% Bid Bond $ 204,733.70
Asphalt Surface Technologies
Allied Blacktop Co. 5% Bid Bond $ 174,878.65
Pearson Bros., Inc. 5% Bid Bond $ 204,813.54
The Acting City Clerk announced that the bids would be tabulated and considered at
the March 27, 2000 City Council Meeting.
Debbie Guiher
Acting City Clerk
0
RICHFIELD PUBLIC WORKS
2000 SEALCOAT
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494 -494
W Z Q J Z a
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X n U RICHFIELD ENGINEERING
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AGENDA SECTION: Consent
AGENDA ITEM # 4B
REPORT # 83
a =099A STAFF REPORT
COUNCIL MEETING DATE:
MARCH 279 2000
REPORT PREPARED BY: BETSY CHRISTENSEN, ADMINISTRATIVE
SUPPORT SERVICES MANAGER
NAME, TITLE
REPORT PRESENTER: DAN SCOTT, DIRECTOR OF PUBLIC
SAFETY
NAME, TITLE
DEPARTMENT DIRECTOR REVIEW:
_ SIGNATURE
REVIEWED BY CITY MANAGER: 1
J
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the issuance of a lawful gambling license for Richfield American Legion Post
#435, 6501 Portland Avenue.
1. RECOMMENDED ACTION:
By Motion: approval of the renewal of a lawful gambling license for '
Richfield American Legion Post #435, 6501 Portland Avenue, with
further recommendation that the Council waive the investigation fee.
Staff also recommends that the Council pass a resolution approving
the gambling activity requested by the applicant in accordance with
the Richfield City Code 1100.13, sub. 6.
II. BACKGROUND
J
• On March 7, 2000, the Richfield American Legion Post #435 submitted an
application for renewal of their lawful gambling license.
• The Public Safety Department has conducted the required background
investigation and has determined that the applicant has complied with all of
the requirements.
• The applicant is requesting the $100.00 investigation fee be waived.
III. BASIS OF RECOMMENDATION i
0327LegionGambling
-? IA. POLICY J
• Richfield City Code 1100.13 requires the Public Safety Department to review
the request for the gambling license and make its review and
• recommendation to the City Council.
B. CRITICAL ISSUES i
• The applicant has complied with the State statutes and City code pertaining to
lawful gambling.
• The applicant has submitted the request within sixty days of the renewal of
the license.
• The applicant has demonstrated that the gambling activity requested is a
benefit to the community.
C. FINANCIAL J
• N/A
D. LEGAL
• N/A
IV. ALTERNATIVE RECOMMENDATION(S) i
• Reject the application for the renewal of a lawful gambling license for
Richfield American Legion Post #435.
• Deny the request for the fee waiver of the investigation fees.
V. ATTACENIENTS
1
A resolution granting approval for the American Legion Post #435 to conduct lawful
gambling.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
Rodney Logeland, Gambling Manager
•
RESOLUTION NO.
A RESOLUTION GRANTING APPROVAL FOR
THE RICHFIELD AMERICAN LEGION POST #435
TO CONDUCT LAWFUL GAMBLING
WHEREAS, the Richfield American Legion Post #435 has submitted an application for
renewal of their lawful gambling license; and
WHEREAS, the application requests renewal of their pulltab operations; and
WHEREAS, Minnesota State Statute, Section 349.213, provides authority for review of
applications by local authorities; and
WHEREAS, Section 1100.13 of the Richfield City Code provides regulation of lawful
gambling; and
WHEREAS, the Department of Public Safety has completed an investigation of the
application and finds the application to be in order;
NOW THEREFORE, BE IT RESOLVED by the City of Richfield, Minnesota, as follows:
1. That a lawful gambling license be granted to the Richfield American Legion Post
#435, 6501 Portland Avenue.
2. The investigation fee is to be waived.
Adopted by the City Council of the City of Richfield, Minnesota this 27th day of March,
2000.
Martin J. Kirsch, Mayor
Thomas P. Ferber, City Clerk
is
•
AGENDA SECTION: Consent
AGENDA ITEM # 4A
REPORT # 82
J
REPORT PREPARED BY:
NAME, TITLE
REPORT PRESENTER:
STAFF REPORT
CITY COUNCIL MEETING
MARCH 27, 2000
NAME, TITLE
0
DEPARTMENT DIRECTOR REVIEW:
REVIEWED BY CITY MANAGER:
KATIA MEDVETSKI,
REDEVELOPMENT SPECIALIST
BRUCE PALMBORG,
COMMUNITY DEVELOPMENT DIRECTOR
a
011,
IGNATURE
(V " )
- 'I<- 44e;;'
ITEM FOR COUNCIL CONSIDERATION:
Consideration of approval of a Sign Appraisal Professional Services Agreement for the 66th
Street and Trunk Highway 77 Interchange Project.
I. RECOMMENDED ACTION:
By motion: Approve execution of a Sign Appraisal Professional
Services Agreement for the 66th Street and Trunk Highway 77
Interchange Project.
III. BACKGROUND
On February 14, 2000, the City Council approved Professional Services
Agreements for appraisers and an acquisition/relocation consultant for the 66th
Street and Trunk Highway 77 Interchange Project. Since then, an additional
appraiser was identified to undertake appraisal work for two billboards located in the
Project.
Fees for the services of the sign appraiser, Pete LaSalle of CE LaSalle, Inc. for the
is billboards are $5,250. Mr. LaSalle was recommended by legal counsel and meets
Minnesota Department of Transportation standards.
0313proservices
III. BASIS OF RECOMMENDATION
A. POLICY
• Entering into a Professional Service Agreement with the appraiser is a
standard operating procedure for this project, which involves state and
federal funding.
B. CRITICAL ISSUES
The City Council and Metropolitan Airport Commission approved the
Memorandum of Understanding and the funding agreement on
February 28, 2000 and February 22, 2000, respectively.
C. FINANCIAL
The above identified documents will provide the funding.
D. LEGAL I
• The City's legal counsel reviewed and approved the Professional
Service Agreement being used for the project.
E. TIMING
. The goal is to begin the acquisition process in March and complete it
with title and possession by December 31, 2000.
IV. ALTERNATIVE RECOMMENDATION(S)
Do not approve the Professional Service Agreement for the chosen
appraiser.
V. ATTACHMENTS
Professional Service Agreement
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
N/A
40
SIGN APPRAISAL
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into by and between the City of Richfield,
State of Minnesota (whose address is 6700 Portland Avenue South, Richfield, MN 55423,
ATTN: Katia Medvetski), hereinafter referred to as the "City" and C E LaSalle, Inc., d/b/a C E
LaSalle & Associates Real Estate Appraisers and Consultants (whose address is 7400 Metro
Boulevard, Suite 140, Edina, MN 55439, ATTN: Pete LaSalle), hereinafter referred to as
"Appraiser".
WITNESSETH:
WHEREAS, the City wishes to purchase the services of the Appraiser for the 66 h
Street/T.H. 77 Interchange Project; and
WHEREAS, there are funds available for the purchase of these services.
NOW, THEREFORE, in consideration of the mutual undertakings and agreements
hereinafter set forth, the City and the Appraiser agree as follows:
1. TERMS AND COST OF THE AGREEMENT
The Appraiser agrees to furnish services to the City in accordance with the terms of this
S Agreement. Appraiser shall complete appraisal reports for the fixtures located within the
properties listed on Exhibit A attached hereto no later than 90 days after the Appraiser is
authorized to proceed. The fee for the appraisal reports shall be as listed on Exhibit A. The
fee for subsequent services, including attending meetings and hearings, if any, where
Appraiser is required to attend shall be at the rate of $225.00 per hour. The fee for testimony
by the Appraiser shall be at the rate of $300.00 per hour.
2. SERVICES TO BE PROVIDED
Appraisal reports prepared pursuant to this Agreement shall conform to recognized
professional appraisal standards, the Uniform Standards of Professional Appraisal Practice
(USPAP) of the Appraisal Foundation and the Code of Ethics and Standards of Professional
Appraisal Practice of the Appraisal Institute. In addition, these appraisals shall conform to
the Appraisal Specifications (5-491.203) set forth in the State of Minnesota's Right of Way
Manual. Appropriate maps and plans for the Project will be furnished by the City.
3. PAYMENT FOR SERVICES.
Payment for services shall be made directly to the Appraiser after completion of the services
upon the presentation of a claim in the manner provided by law governing the City's
payment of claims and/or invoices. Payment shall be made within 45 days from receipt of
the invoice and following certification by the Appraiser.
• 4. INDEPENDENT CONTRACTOR,
The Appraiser shall select the means, method; and manner of performing the services herein.
Nothing is intended or should be construed in any manner as creating or establishing the
relationship of copartners between the parties hereto or as constituting the Appraiser as the
agent, representative, or employee of the City for any purpose or in any manner whatsoever.
The Appraiser is to be and shall remain an independent contractor with respect to all services
performed under this Agreement. The Appraiser represents that it has or will secure at its
own expense all personnel required in performing services under this Agreement. Any and
all personnel of the Appraiser or other persons while engaged in the performance of any
work or services required by the Appraiser under this Agreement shall have no contractual
relationship with the City, and shall not be considered employees of the City. Any and all
claims that may or might arise under the Unemployment Compensation Act or the Workers'
Compensation Act of the State of Minnesota on behalf of said personnel, arising out of
employment or alleged employment, including, without limitation, claims of discrimination
against the Appraiser, its officers, agents, contractors, or employees shall in no way be the
responsibility of the City. The Appraiser shall defend, indemnify, and hold the City, its
officers, agents, and employees harmless from any and all such claims irrespective of any
determination of any pertinent tribunal, agency, board, commission, or court. Such personnel
or others persons shall neither require nor be entitled to any compensation, rights, or benefits
of any kind whatsoever from the City, including, without limitation, tenure rights, medical
and hospital care, sick and vacation leave, Workers' Compensation, Unemployment
Insurance, disability, severance pay and PERA.
5. NONDISCRIMINATION
In accordance with the City's policies against discrimination, no person shall be excluded
from or denied the benefits of any service performed or contemplated under the terms of this
Agreement on the grounds of race, color, creed, religion, age, sex, disability, marital status,
public assistance status, ex-offender status, or national origin; and no person who is protected
by applicable Federal or State laws against discrimination shall be otherwise subjected to
discrimination. If the Appraiser is not an individual or sole proprietorship: (1) it shall
furnish all information and reports which may be required by the City's Affirmative Action
Policy; and (2) it shall adopt and comply with the City's Equal Employment
Opportunity/Affirmative Action Policies with regard to employment and contracting.
6. INDEMNITY AND INSURANCE.
The Appraiser agrees to defend, indemnify, and hold the City, its officers, and employees
harmless from any liability claims, damages, costs, judgments, or expenses, including
reasonable attorney fees, resulting directly or indirectly from an act or omission (including
without limitation professional errors or omissions) of the Appraiser his agents, employees,
or assignees in performance of the services provided by this contract, and against all loss by
reason of the failure of said Appraiser to fully perform in any respect, all obligations under
this Agreement.
2
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0 7. DATA PRIVACY
Appraiser agrees to abide by all applicable State and Federal laws and regulations concerning
the handling and disclosure of private and confidential information concerning individuals
and/or data including but not limited to information made non-public by such laws or
regulations. Appraiser shall maintain all appraisal reports submitted to him on behalf of City
as confidential until released by counsel for the City.
8. RECORDS - AVAILABILITY.
The Appraiser agrees that the City, the State Auditor, Federal personnel or any of their duly
authorized representatives at any time during normal business hours and as often as they may
reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and
transcribe any books, documents, papers, records, etc., which are pertinent to the accounting
practices and procedures of the Appraiser and involve transactions relating to this
Agreement. Records shall be retained for three years from date of final payment of Federal
funds to the State with respect to the Project.
9. NON-ASSIGNMENT
The Appraiser shall not assign, subcontract, transfer, or pledge this contract and/or the
services to be performed hereunder, whether in whole or in part, without the prior written
consent of the City.
10. MERGER AND MODIFICATION
a. It is understood and agreed that the entire Agreement between the parties is contained
herein and that this Agreement supersedes all oral agreements and negotiations between
the parties relating to the subject matter hereof. All items referred to in this Agreement
are incorporated or attached and are deemed to be part of this Agreement.
b. Any material alterations, variations, modifications, or waivers of provisions of this
Agreement shall only be valid when they have been reduced to writing as an amendment
to this Agreement signed by the parties hereto.
11. DEFAULT AND CANCELLATION
a. If the Appraiser fails to perform any of the provisions of this Agreement or so fails to
administer the work as to endanger the performance of the Agreement, this shall
constitute a default. Unless the Appraiser's default is excused, upon written notice to the
Appraiser the City may immediately cancel the Agreement in its entirety.
b. The City's failure to insist upon strict performance of any provision or to exercise any
right under this Agreement shall not be deemed a relinquishment or waiver of the same,
unless consented to in writing. Any such consent shall apply only to the specific
circumstances described in the writing granting the consent and in no event shall
3
q! -s
constitute a general waiver or relinquishment throughout the entire term of the
Agreement unless specifically so stated.
c. This Agreement may be cancelled with or without cause by either parry upon ten (10)
days written notice to the other parry.
12. CONTRACT ADMINISTRATION
In order to coordinate the services of the Appraiser with the activities of the City so as to
accomplish the purposes of this contract, Katia Medvetski, Redevelopment Specialist, shall
manage this Agreement on behalf of the City and serve as liaison between the City and the
Appraiser.
13. RECYCLING PROGRAM
The City encourages the Appraiser to develop and implement an office paper and newsprint
recycling program.
14. NOTICES
Any notice or demand which must be given or made by a party hereto under the terms of this
Agreement or any statute or ordinance shall be in writing, and shall be sent registered or
certified mail to the other parry at the address stated in the opening paragraph of this
Agreement.
Approved as to legality, form and execution.
KENNEDY & GRAVEN, CHARTERED
City Attorney
Date:
CITY OF RICHFIELD
STATE OF MINNESOTA APPRAISER
City Manager
•
4
qp-b
STATE OF MINNESOTA )
)SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2000, by Samantha Orduno, the City Manager, of the City of Richfield,
Minnesota, a municipal corporation under the laws of Minnesota, on behalf of the City.
Signature of Person Taking Acknowledgment
Notarial Stamp Or Seal (Or Other Title Or Rank)
STATE OF MINNESOTA )
)SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2000, by , the
of C E LaSalle, Inc., d/b/a C E LaSalle & Associates Real Estate
Appraisers and Consultants, a corporation under the laws of Minnesota, on behalf of the
corporation.
Signature of Person Taking Acknowledgment
Notarial Stamp Or Seal (Or Other Title Or Rank)
•
5
Exhibit A
Description of Properties to be Appraised and Appraisal Fees
Fee for Fixture
Type of Taking Property Address Appraisal Report
Billboard located at
Salvage Value 6405 Cedar Avenue South $2,250.00
Billboard located at
SalvageValue 6539 Cedar Avenue South $3,000.00
TOTAL $5,250.00
is
is
6
L-c,cj
• CITY OF RICHFIELD
MONDAY, MARCH 27,2000
RICHFIELD-BLOOMINGTON
WATERSHED MANAGEMENT ORGANIZATION
BLOOMINGTON CITY HALL
COUNCIL CHAMBERS
2215 WEST OLD SHAKOPEE ROAD
5:00 P.M. (DINNER SERVED)
5:30 P.M. (MEETING BEGINS)
AGENDA
CALL TO ORDER
ROLL CALL
1. ANNUAL MEETING OF RICHFIELD-BLOOMINGTON WATERSHED
MANAGEMENT ORGANIZATION
STAFF REPORT NO. 81
ADJOURNMENT
AUXILIARY AIDS FOR INDIVIDUALS WITH DISABILITIES ARE AVAILABLE UPON
REQUEST. REQUESTS MUST BE MADE AT LEAST 96 HOURS IN ADVANCE TO
THE ADMINISTRATIVE SERVICES DIRECTOR AT 612-861-9702.
0
•
AGENDA ITEM # 1
REPORT # 81
?J STAFF REPORT
CITY COUNCIL MEETING
® MARCH 27, 2000
REPORT PREPARED BY: MIKE EASTLING, PUBLIC WORKS DIRECTOR
NAME, TITLE
REPORT PRESENTER: MIKE EASTLING, PUBLIC WORKS DIRECTOR
NAME, TITLE
DEPARTMENT DIRECTOR REVIEW:
SIGNATURE Y
REVIEWED BY CITY MANAGER: f/
ITEM FOR COUNCIL CONSIDERATION:
Annual meeting of the Richfield-Bloomington Watershed Management Organization.
1. RECOMMENDED ACTION:
By Motion: This staff report is for transmittal purposes. No formal
action is necessary as a City Council. However, the attached agenda
packet indicates there is some action requested of the Richfield-
Bloomington Watershed Management Organization Board at the
March 27, 2000 annual meeting.
III. BACKGROUND
The Richfield-Bloomington Watershed Management District was formed in 1984 to
coordinate storm water management planning as mandated by the State of
Minnesota. In order to maintain local control of storm water in the City of Richfield,
primarily in the southeast portion of the City, Richfield decided to form its own
Watershed Management District with Bloomington rather than join an existing
Watershed Management District. Since the original creation of the Richfield-
Bloomington Watershed Management District, the District has been expanded to
include a larger portion of the City.
0327RBWMO
Members of the Richfield City Council and the Bloomington City Council make up
the Board of Commissioners. The Board is to hold an annual meeting in the first 90
• days of each year. The seventeenth annual organizational meeting will be held
Monday, March 27, 2000 at 5:30 p.m. at Bloomington City Hall. A light supper will
be served at 5:00 p.m.
1111. BASIS OF RECOMMENDATION
A. POLICY I
The Richfield-Bloomington Watershed Management District Board of
Commissioners is to hold an annual meeting each year at a time and
place determined by the Chair.
The meeting has been scheduled on the first available date for all
parties and at a time to allow all parties to attend other meetings later
in the evening.
B. CRITICAL ISSUES
N/A
C. FINANCIAL
N/A
D. LEGAL
• N/A
IV. ALTERNATIVE RECOMMENDATION(S)
• None.
V. ATTACHMENTS I
• The agenda packet for the March 27, 2000 annual meeting of the Richfield-
Bloomington Watershed Management Organization
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• WSB & Associates, Inc. - consultant for watershed management plans and
boundary change
0
RICHFIELD-BLOOMINGTON WATERSHED
MANAGEMENT ORGANIZATION
ANNUAL MEETING
MONDAY, MARCH 27, 2000
5:30 p.m.
AGENDA
1. Call to order and introductions
2. Approval of minutes of March 1, 1999 (See attached)
3. Review and approval of agenda
4. Election of officers for 2000
Chair: Bloomington
Vice-Chair: Richfield
Secretary: Richfield
Treasurer: Bloomington
5. Appointment of Executive Director and Assistant Executive Director
Executive Director Mike Eastling
N Assistant Executive Director Jim Gates
6. 1999 Executive Director's Report
7. Old Business
A. Watershed Management Plans
a) RBWMO - 2000 (See attached draft of the Second Generation RBWMO
Watershed Management Plan)
B. Richfield Lake boundary change - possible action
C. 1-35W/494 Update (See attached drawing)
D. Ring Route Update
a) 77th St. Corridor
b) 79th/80th St. Corridor
E. NPDES - Phase II (See attached article from APWA. Reporter)
F. Richfield Lake Project
G. Wetland Conservation Act - update
8. New Business
9. 1999 Annual Report (See attached)
10. Public Notice (See attached notice proposed to-be published April 12)
11. Insurance - estimated $2,413 for July 2000 - June 2001 (each City pay half)
12. Adjournment
RICHFIELD-BLOOMINGTON
WATERSHED MANAGEMENT ORGANIZATION
Meeting #16
MINUTES
March 1, 1999
Richfield City Hall
The annual meeting of the Richfield-Bloomington Watershed Management Organization was
called to order by Chairman Gene Winstead at 5:40 p.m.
Item #1 CALL TO ORDER AND INTRODUCTIONS
MEMBERS PRESENT: Gene Winstead, Chair, Bloomington; Kristal Stokes, Vice Chair,
Richfield; Russ Susag, Richfield; Vern Wilcox, Bloomington;
Peggy Ramthun, Bloomington; Susan Rosenberg, Richfield (5:57);
Coral Houle, Mayor of Bloomington; Tom Spies, Bloomington;
Steve Bianchi, Bloomington (5:48); and Sue Sandahl, Richfield.
MEMBERS ABSENT: Martin Kirsch, Mayor of Richfield, Alisa Ornat, Bloomington.
STAFF PRESENT: Jim Gates, Executive Director, Bloomington; Michael Eastling,
Assistant Executive Director, Richfield; Mark Bernhardson, City
Manager, Bloomington; Jim Prosser, City Manager, Richfield;
Tom Foley, Transportation Engineer, Richfield; Steve Devich,
Administrative Services Director, Richfield; Bruce Palmborg,
Community Development Director, Richfield; William Fillmore,
Liquor Operations Director, Richfield; Charlie Honchell, Director
of Public Works, Bloomington; Scott Anderson, Bloomington
Engineering Staff, and Shelly Pederson, Bloomington.
Item #2 APPROVAL OF NI INUTES OF MARCH 2, 1998
M/Houle, S/Susag to approve the minutes of the March 2. 1998 Richfield-Bloomington
Watershed Management Organization Annual Meetina as presented. Motion carried 8-0.
Item #3 REVIEW AND APPROVAL OF AGENDA
M/Susag, S/Stokes to approve the agenda as presented. Motion carried 8-0.
RBWMO Minutes -2-
Item #4 ELECTION OF OFFICERS
•
March 1, 1999
M/Susag, S/Houle to elect Kristal Stokes of Richfield as the Chair. Motion carried 8-0.
M/Winstead, S/Susag to elect Carol Houle of Bloomington as the Vice Chair. Motion carried 8-0.
M/Winstead, S/Houle to elect Vern Wilcox of Bloomington as Secretar.r. Motion carried 8-0.
M/Susag, S/Houle to elect Sue Sandahl of Richfield as Treasurer. Motion carried 8-0.
Item 95 APPOINTi IF,NT OF EXF.CIJTIV'E D11ZFCT0R AND .ASSISTANT EXECUTIVE
DIRECTOR
M/Winstead, S/Susag to appoint Michael Eastling of Richfield as Executive Director and Jim,
Gates of Bloomington as Assistant Executive Director. Motion carried 8-0.
Item #6 FXECIi"FIVI? DIRECTOR'S REPORT
Richfield-Bloomington WMO is a joint powers established in 1983 as a requirement of a 1982
Chapter 509 law. The RBWMO covers a land area that wasn't previously covered by watershed
districts. Both staffs of each city form the staff of the Richfield-Bloomington WMO. The two cities
work together well and both are LGU's for the Wetland Conservation Act. Each city handles their own
stormwater management issues. Each city handles their own monitoring for National Pollutant
Discharge Elimination System Permits (NPDES rules). The Richfield-Bloomington Watershed
Management Organization does not have a budget. Both cities have a storm utility that accommodates
the expenses in conjunction with their normal daily routines and activities required by the RBWMO.
Item #7 OLD BUSINESS
A. I-35WI494 UPDATE
Michael Eastling reported on the storm water storage and treatment improvements that will occur
at Richfield Lake as a result of the I-35W reconstruction. He also reviewed storm water issues related to
Wood Lake and future reconstruction of I-494.
B. RING ROUTE UPDATE
RBWMO Minutes -3- March 1, 1999
Michael Eastling reviewed the status of the 77th Street underpass at TH77 indicating federal
funding had been awarded for the project.
Jim Gates reported on the status of the I-494/TH169 reconstruction project, I-494 third lane
proposal and the East Bush Lake Road/I-494 interchange need for improvement. He stated that further
segments of the 79th/80th Street parallel arterial will be completed in 1999. He stated funding for the
bridge over I-35W had been committed along with the segment from TH77 to 24th Avenue.
C. NPDES - PHASE H
Jim Gates stated that Phase I cities (cities over 100,000) are currently covered by the NPDES
program. He indicated that NPDES applications were in the $500,000 range. He stated cities under
100,000 will be brought into the program under Phase 2. He stated this was an unfunded mandate. The
proposed rules will not be available until October 1999. He indicated that the rules are anticipated to be
less restrictive than Phase IL
D. SMITH PARKIPOND
Jim Gates reviewed the park amenities and storm water quality improvements for the Smith Park
and pond.
E. WATERSHED MANAGEMENT PLANS
Michael Eastling discussed the need for Richfield to redo its plan as of 2000. He stated
Bloomington is in the process of completing its plan.
F. WETLAND CONSERVATIONACT - UPDATE
. Jim Gates stated Bloomington has developed a Wetlands Management Plan for the 299 identified
wetlands under the Wetland Conservation Act.
Michael Eastling stated that a wetland area was impacted by the Meridian Crossings project and
mitigation was accomplished at a 2-1 ratio by reclaiming and restoring a wetland adjacent to the City's
water treatment plant.
G. RICHFIELD LAKE BOUNDARY CHANGE
Michael Eastling presented a proposed Cooperative Agreement between the Minnehaha Creek
Watershed District (MCWD), the Richfield-Bloomington Watershed Management Organization
(RBWMO), the City of Richfield, and the City.of Minneapolis to approve a modification to the
boundaries between the MCWD and the RBWMO to include the Richfield Lake Subwatershed Area
within the boundaries of the RBWMO along with certain related duties and responsibilities. He
suggested approval of the agreement with the condition that the Richfield City Council is given the
authority to modify the cost sharing formula in section 5.2 of the agreement without further action by the
RB WMO.
M/Houle, S/Susag to approve the Cooperative Agreement between the Minnehaha Creek
Watershed District, the Richfield-Bloomington Watershed Management Organization, the Cite of
Richfield, and the Citv of Minneapolis as presented. Motion carries 10-0.
RBWMO Minutes -4- March 1, 1999
M/Houle, S/Susag to grant to the Richfield Citv Council the authority to adiust the cost sharing
. formula contained in Section 5.2 of the Cooperative Agreement without further action by the Richfield-
Bloomington Watershed Management Organization,. Motion carried 10-0.
Item #8 NENV BUSINESS
None.
Item #9 ANNUAL REPORT
M/Susag, S/Stokes to approve the 1998 Annual Report of the RBWMO as presented. Motion
carried 10-0.
Item #10 PUBLIC NOTICE
M/Susag, S/Bianchi to approve the publication of the public notice of the Annual Report as
presented. Motion carried 10-0.
Item #11 1NSt"RANCE
Michael Eastling stated that the insurance costs of the RBWMO are split evenly between the
Cities.
M/Houle, S/Susag to approve pavment of the insurance costs of $2.599 for the period of Julv
1999 - June 2000 with each Citv responsible for half of the cost. Motion carried 10-0.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 6:24 p.m.
0
WSA9
& Associates, Inc.
March 20, 2000
Board of Commissioners
Richfield Bloomington WMO
350 Westwood Lake Office
8441 Wayzata Boulevard
Minneapolis, MN 55426
612-541-4800
FAX 541-1700
Re: Second Generation RBWMO Watershed Management Plan
WSB Project No. 1187-000
Dear Commissioners:
BA. Mittelsteadt, P.E.
Bret A. Weiss, P.E.
Peter R. Willenbring, P.E.
Donald W. Sterna, P.E.
Ronald B. Bray, P.E.
Attached for your review and approval is a draft of the Second Generation RBWMO Watershed
Management Plan. Attached to this letter you will also find a schedule detailing the plan review
process and tentative completion dates for the remaining project tasks. By way of a plan summary,
please be advised:
1. The Plan defers the implementation of water-related studies and capital improvements to the
local governments. However, should issues arise regarding surface water which transcends
the municipal boundaries of the Cities of Richfield and Bloomington, the WMO will remain
the governing body to resolve those. issues.
2. The Plan contains numerous policies pertaining to the management of water resource-related
activities. Most of the policies contained within the Plan are in conformance with local and
state rules regarding the management of water resources.
3. There are a few policies within this Plan that have the potential to conflict with state and
federal guidelines. The following policies contained in the Plan are consistent with
management practices within the WMO but may be in conflict with review agency policies:
A. The RBWMO will support local city efforts to manage wetlands for habitat diversity,
water quality, and storm water management. These efforts may include dredging of
sediments, construction of treatment areas and wetland fringes, and construction of
fill areas for the purposes of creating habitat. These activities will be supported as
long as it can be demonstrated that the project will result in no net loss of wetland
area (Policy III.6.3).
B. Landlocked depressions which presently do not have a defined outlet and do not
typically overflow may be allowed a positive outlet, provided it is in conformance
with an approved local plan (Policy III.A.16).
to
M i e a p l i S t C l d F:\ W P W IM 1187.000\032000-rbwmo. wpd
nnos . o u
Infrastructure Engineers Planners
EQUAL OPPORTUNITY EMPLOYER
Board of Commissioners
Richfield Bloomington WMO
March 20, 2000
Page 2
Due to the fully-developed nature of the RBWMO, these policies are recommended to
support the activities which have been undertaken in the Cities of Richfield and Bloomington
for the management of Wood Lake, Richfield Lake, and Smith Pond, as well as anticipated
improvements at Richfield Lake, Wright's Lake, and Augsburg Pond. These policies provide
flexibility in maintaining the wildlife habitat and storm water management functions that
these important resources provide in the WMO. This is brought to your attention, as they
may receive much scrutiny by review agencies.
Upon your approval, this draft plan will be sent to the following agencies for review and comment:
• Hennepin County
• Hennepin County Conservation District
• Metropolitan Council
• Minnesota Board of Water and Soil Resources
• City of Richfield
• City of Bloomington
• Minnesota Department of Natural Resources
• Minnesota Pollution Control Agency
• Minnesota Department of Agriculture
• Minnesota Department of Health
It is anticipated that the RBWMO Plan will be distributed to review agencies within two weeks of
approval. Pete Willenbring and myself will be available at the March 27, 2000, RBWMO meeting to
discuss your questions or comments, or you may call us at (763) 541-4800.
Sincerely,
WSB & Associates, I c.
Todd E. Hubmer, P.E.
Project Manager
Attachments
c: Mike Eastling, City of Richfield
Jim Gates, City of Bloomington
Scott Anderson, City of Bloomington
Pete Willenbring, WSB & Associates
kd
FAWF MI 187.000\032000-rbwmo.wpd
•
RICHFIELD-BLOOMINGTON WATERSHED MANAGEMENT ORGANIZATION
SECOND GENERATION WATERSHED MANAGEMENT PLAN
SCHEDULE
Task
Project initiation meeting
Data collection
Present-first draft to Staff and Watershed Board
Receive comments on preliminary draft from
Staff and Watershed Board
Revise draft based on Staff and Watershed Board review
RBWMO Board to authorize distribution of draft plan
for agency review and approval
Agency review time frame
Corrections time frame
Public hearing
Submittal of response to review comments and
changes to draft plan to review agencies
•
Prepare final plan and submit to
Board of Water & Soil Resources for approval
RBWMO to adopt Watershed Management Plan
Tentative Date
Completed
Completed
Completed
Completed
Completed
March 27, 2000
RBWMO Board Meeting
April - June 2000
June - July 2000
July 2000
July 2000
(tentative RBWMO Board meeting
September 2000
(tentative)
January 2001
(tentative)
FAW PW IM1187-0W\Schedu1c.wpd
RICHFIELD-BLOOMINGTON WATERSHED
MANAGEMENT PLAN
PREPARED FOR THE
RICHFIELD-BLOOMINGTON
WATERSHED MANAGEMENT ORGANIZATION
DRAFT
March 20, 2000
Prepared by
WSB & Associates, Inc.
350 Westwood Lake Office
8441 Wayzata Boulevard
Minneapolis, MN 55426-1344
I hereby certify that this plan, specification or report was prepared by
me or under my direct supervision and that I am a duly Registered
Professional Engineer under the laws of the State of Minnesota.
Peter R. Willenbring, P.E. Todd E. Hubmer, P.E.
Reg. No. 15998 Reg. No. 24043
Jim Gates, P.E. Mike Eastling, P.E.
Reg. No. 15540 Reg. No. 15066
Date: March, 2000
WSB PROJECT NO. 1187.00
TABLE OF CONTENTS
i. COVER LETTER
• ii. TITLE PAGE
iii. TABLE OF CONTENTS
IV. LIST OF FIGURES
V. LIST OF MAPS
vi. LIST OF TABLE
vii. LIST OF APPENDICES
SECTIONS
L EXECUTIVE SUMMARY
II. LAND AND WATER RESOURCE INVENTORY
III. GOALS AND POLICIES
IV. PROBLEMS AND CORRECTIVE ACTIONS
V. IMPLEMENTATION PROGRAM/PRIORITIES
VI. IMPACT ON LOCAL GOVERNMENT
VII. AMENDMENT PROCEDURES
VIII. REFERENCES / SUPPLEMENTAL DOCUMENTS
IX. GLOSSARY
•
WSB PROJECT NO. 1187.00 TOC -1
TABLE OF CONTENTS
•
LIST OF FIGURES
PAGE NO.
•
is
Figure 1-1 Watershed Location Map ..................................................................Section 1-5
Figure II-1 1% Chance Rainfall in 24 Hours in Minnesota ............................ ...Section II -3
Figure II-2 Average Normal Precipitation in Minnesota ................................ ...Section II -4
Figure 11-3 Surficial Geology Map ....................................................................Section II -21
Figure II-4 Bedrock Geology Map ....................................................................Section II -22
Figure 11-5 Depth to Bedrock Map ....................................................................Section II -23
Figure II-6 General Geologic Column of Hennepin County .......................... .Section II -24
Figure II-7 Hydrologic Solis Classification Map .............................................,Section II -25
Figure II-8a Richfield Land Use Map ................................................................ .Section 11-26
Figure II-8b Bloomington Zoning Map ............................................................. ..Section II-27
Figure II-9 Subwatershed Map ........................................................................ .Section II -28
Figure II-10 National Wetlands Inventory Map and
DNR Protected Waters & Wetlands Map ...................................... .Section II -29
Figure 11-11 Water Quality Monitoring Locations ............................................. .Section II -30
Figure II-12 DNR Water Appropriations Map ....................................................Section II -31
Figure II-13 MPCA Pollutant Sources ............................................................... .Section 11 -32
LIST OF TABLES
II-1 Average Monthly Temperature, Precipitation, and
Snowfall Data for Minneapolis/St. Paul Metropolitan Area ......................Section II -2
II-2 Rainfall Events for the Richfield-Bloomington Watershed ........................ Section II -5
II-3 Population Growth Information ...................................................................Section 11 -8
II-4 MPCA Water Quality Standards ................................................................Section II -11
11-5 Geologic Units and their Water Bearing Characteristics ...................Section 11-16,17
V-1 Capital Improvements Plan for Stormwater Drainage ...............................Section V -2
V-2 Stormwater Management Programs ...........................................................Section V -3
V-3 Stormwater Management Studies ..............................................................Section V -4
VIA Status of Local Municipal Regulatory Programs .....................................Section VI -3
WSB PROJECT NO. 1187.00 TOC -2
TABLE OF CONTENTS
LIST OF APPENDICES
A. Joint Powers Agreement
B. Water Quality Data (MPCA STORET and Local Government Monitoring Results)
C. Sample Stormwater System Maintenance Plan
D. Wetland Rules and Regulations (1991 Wetland Conservation Act)
E. Metropolitan Council's "Interim Strategy to. Reduce.Nonpoint Source Pollution to
All Metropolitan Water Bodies"
•
WSB PROJECT NO. 1187.00 TOC - 3
SECTION I
•
1. . EXECUTIVE SUMMARY
The Richfield-Bloomington Watershed Management Organization (RBWMO) has prepared
this Comprehensive Watershed Management Plan in accordance with Minnesota Rules
Chapter 8410, "Metropolitan Area Local Water Management', as administered by the
Minnesota Board of Water and Soil Resources.
The Richfield-Bloomington Watershed Management Organization was formed on
December 19, 1983, through a joint powers agreement under the authority conferred to the
member parties in 1982 through Minnesota Statutes Chapters 471.59, 473.875 to 473.883
(The Metropolitan Surface Water Management Act). The agreement was amended and
bylaws were adopted January 23, 1984. The Organization's purpose is to preserve and use
natural water storage and retention systems within the Richfield-Bloomington Watershed to
meet the purposes set forth in the Surface Water Management Act. The Joint Powers
Agreement which established the Richfield-Bloomington WMO is included in Appendix A
of this plan.
The Richfield-Bloomington Watershed is located in the central portion of the Minneapolis-St.
Paul seven county metropolitan area. The watershed covers 7.55 square miles and is
located entirely within Hennepin County (Figure 1-1). Portions of two local governmental
units are within the watershed and are listed below:
LOCAL UNITS OF GOVERNMENT
•
Local Government
Unit
Richfield
Bloomington
4.25
3.3
Percent of
Watershed
56%
43%
A Board of Commissioners has been established as the governing body of the Richfield-
Bloomington Watershed Management Organization. The Board of Commissioners is
comprised of all City Council Members in the Cities of Richfield and Bloomington. The City
of Richfield is represented by five members, and the City of Bloomington is represented by
seven members. The Richfield-Bloomington Watershed Management Organization
Administrative Contacts are as follows:
0
Executive Director:
Michael Eastling, P.E.
Richfield City Engineer
6700 Portland Avenue South
Richfield, MN 55423
Phone: (612) 861-9792
WSB. PROJECT NO. 1187.00
Area Within Watershed
(Square Miles)
Assistant Executive Director:
Jim Gates, P.E.
Bloomington Deputy Director of Public Works
9750 James Avenue
Bloomington, Mn 55431
Phone: (612) 948-8700
SECTION 1-1
SECTION
The duties of the organization, as enacted by the Board, are as follows:
• Prepare and adopt a watershed management plan meeting the requirements of
Minnesota Rules Chapter 8410.
Review and approve local water management plans as defined in Minnesota Rules
Chapter 8410.
? Exercise the authority of a Watershed District or Watershed Management
Organization under Minnesota Statutes Chapter 103B to regulate the use and
development of land when:
1. A local water management plan has not been approved and adopted, or
2. A local permit requires an amendment to or variance from the local water
management plan, or
3. The Board has been authorized by the local government to require permits
for land use.
As identified in the Joint Powers Agreement personnel of the Cities may be utilized, but no
additional compensation will be paid by the WMO. The Board will determine how specific
costs, personnel requirements, contracting and bid responsibilities, and other expenses and
requirements shall be shared by the Cities with preference given to a reasonable geographic
division.
Under Minnesota Rules Chapter 8410, requirements are outlined for preparing watershed
management plans within the Twin Cities Metropolitan Area. Pursuant to the requirements
of the law, the plan must focus on preserving and using natural water storage and retention
systems to:
? Reduce, to the greatest practical extent, the public capital expenditures necessary
to control excessive volumes and rate of runoff.
Improve water quality.
? Prevent flooding and erosion from surface flows.
? Promote ground water recharge.
Protect and enhance fish and wildlife habitat and water recreational facilities.
? Secure the other benefits associated with the proper management of surface water
To ensure that these goals are realized, the Metropolitan Surface Water Management Act
further specified the basic contents of the watershed management plan.
WSB PROJECT NO. 1187.00 SECTION 1 .2
SECTION I
According to these rules, the watershed management plan shall:
Describe the existing and physical environment, land use and development in the
watershed, as well as the environment, land use, and development proposed in
existing local and metropolitan comprehensive plans.
Present information on the hydrologic system and its components, including any
drainage system previously constructed under Minnesota Statutes Chapter 106 (the
Public Ditch Laws), and existing and potential problems related thereto.'
? State goals and policies, including management principles, alternatives and
modifications, water quality, and protection of natural characteristics.
? Set forth a management plan, including the hydrologic and water quality conditions
that will be sought and the significant opportunities for improvement.
Describe the effect of the plan on existing drainage systems.
Describe conflicts between the watershed plan and existing plans of local
government units.
? Set forth an implementation program consistent with the management plan, which
includes a capital improvement program and standards and schedules for amending
the comprehensive plans and official controls of local government units in the
16 watershed to bring about conformance with this watershed plan.
This watershed management plan is divided into the following major sections:
L Executive Summary
II. Land and Water Resources Inventory
III. Goals and Policies
IV. Problems and Corrective Actions
V. Implementation Program/Priorities
VI. Impact on Local Government
VII. Amendment Procedures
VIII. References
IX. Glossary
The Executive Summary (Section 1) states the authority and composition of the Richfield-
Bloomington Watershed Management Organization, the purpose of the Surface Water
Management Act and the components of this watershed management plan.
The Land and Water Resources Inventory (Section II) includes a profile of the watershed's
existing environmental conditions. This profile contains descriptions of the area's
physiography, topography, soils, land use, and metropolitan systems. This section also
contains the information necessary to model the hydrologic system. Information includes
watershed and subwatershed boundaries, wetlands, water bodies, conveyance systems and
•
WSB PROJECT NO. 1187.00 SECTION 1 - 3
SECTION 1
flood plains. Surface and ground water quality, ground water recharge areas, water use and
water quality guidelines are also included.
The Goals and Policies Section (Section 111) describes the goals and policies of the
Watershed Management Organization. The goals reflect the purposes set forth in the
Surface Water Management Act. Policies developed by the Richfield-Bloomington
Watershed Management Organization define the goals and provide a framework in which
to address water management issues.
Problems and Corrective Actions (Section IV) discusses water resource management
issues and identifies the strategies developed for each issue and defines the course of -
action the Organization will follow to address each issue. Implementation procedures
explain how the strategies will be put into effect. Potential impacts associated with each
identified alternative are evaluated.
The Implementation Program/Priorities (Section V) consists of non-structural, structural,
and programmatic solutions to the problems, issues, and goals identified in Section III and
Section IV.
The Impact on Local Government (Section VI) discusses the conformance of local
governmental water resource management plans to this watershed management plan.
The Amendment Procedures (Section VII) discusses a procedure to be followed should it
be necessary to amend this plan. This procedure would be invoked only for major changes
that would directly affect water resource management within the member cities.
References (Section VIII) contains a list of all documents incorporated into this plan by
reference or other documents which are referred to in this plan as containing information
helpful in the management of WMO water resources.
The Glossary (Section IX) contains a list of terms used in this plan and their definitions.
is
WSB PROJECT NO. 1187.00
SECTION 1-4
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Watershed.
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Legend
Source: Hennepin County G.I.S.
Richfield-Bloomington WM.O
- Municipal Boundary
Watershed Location Map
Figure 1-1
W J 9161 lYpYteta 1""W
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SECTION II
II. LAND AND WATER RESOURCE INVENTORY
As required in Minnesota Rules Section 8410.0060, this section of the plan provides a
general description and summary of the climate, geology, surficial topography, surface and
ground water resource data, soils, land use, public utility services, water-based area land
ownership, fish and wildlife habitat, unique features, scenic areas, and possible pollutant
sources. This section also identifies where detailed information can be obtained for many
of these areas of concern. This information is provided to the extent necessary to provide
guidance to the RBWMO in managing water resources and is not. intended to be used for
final design or construction within the RBWMO.
A. CLIMATE
The climate within the Minneapolis/St. Paul metropolitan area is described as a
humid continental climate with moderate precipitation, wide daily temperature
variations, warm humid summers and cold winters. The changeable weather in the
Twin Cities is influenced by cold air masses from the north and warm (moist or dry)
air from the south and southwest. Successive high and low pressure systems
migrate across the area causing fluctuations in temperature, wind direction, cloud
cover, and precipitation.
Seasonal temperature variation is quite large and is characterized by long, cold
winters and generally mild, subhumid summers. Table II-1 shows the seasonal
temperature fluctuation at the Twin Cities International Airport, the closest weather
monitoring station to the Richfield-Bloomington Watershed. Mean temperatures
0 range from a high of 73.6° F in July to a low of 11.8° F in January.
The prevailing winds are northwesterly in the winter and spring and shift to east and
southeasterly in summer and fall. The average annual wind speed is close to 10
miles per hour. Winds may vary locally, however, due to such features as
topography, land use, and water bodies.
B. PRECIPITATION
Precipitation patterns are influenced by moisture from the Gulf of Mexico.
Precipitation occurs as rain, freezing rain, hail, and snow. Occasional tornadoes,
severe thunderstorms, and hailstorms occur and are of short duration.
The total average annual precipitation is approximately 27 inches, of which
approximately one-third occurs in the months of June, July, and August. The annual
snowfall average is about 50 inches and is equivalent to approximately five inches
of water. The average monthly temperature, precipitation, andsnow fall are included
in Table II-1. A rainfall event having a 99% chance of occurrence is approximately
2.4 inches. A rainfall event having a 1% chance of occurrence is approximately 6.0
inches. The 1%, 10-day runoff is 7.2 inches. Figures II-1 and II-2 show the 1 %o
rainfall event and the annual normal precipitation within the State of Minnesota.
Table II-2 outlines the rainfall events typical for the Richfield-Bloomington
Watershed. Other additional climatological information for the area can be obtained
from the U.S. Weather Bureau Technical Paper 40.
WSB PROJECT NO. 1187.00 SECTION H -1
SECTION II
TABLE 11-1
AVERAGE MONTHLY TEMPERATURE, PRECIPIT ATION,
AND SNOWFALL DATA FOR MINNEAPOLIS/ST. PAUL METROPOLITAN AREA
Average Precip. Snowfall
Month Temp. F- inches inches
January 11.8 0.83 9.8 -
February 17.9 0.85 8.4
March 31 1.60 11.7
April 46.4 2.17 2.8
May 58.5 3.38 0.1
June 68.2 4.17 0
July 73.6 3.55 0
August 70.5 3.40 0
September 60.5 2.89 0
• October 48.8 2.01 0.5
November 33.2 1.45 7.9
December 17.9 0.94 9.3
Annual Average: 44.9 Total: 27.24 Total: 50.5
Source: State Climatology Office for the Minneapolis/St. Paul Airport
WSB PROJECT NO. 1187.00 SECTION 11- 2
•
SECTION II
r "1•.
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4.9 t
5.0
r ,.
5.1
5.3
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1 + ? 1 +
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Figure II-1. 1 % Chance Rainfall Event in 24-hours within the State of Minnesota
WSB Project No. 1187.00
Section II - Page 3
•
SECTION 11
Normal Annual Precipitation
•
1
O N
2` _ E'er s
2?
N
r1?1
/? t l L Prepared by:
State Climatology Office
D.N.R. - Waters
('V 1 j ?8 \ `9 Q March, 1993
3Q_ _ All values in inches
nom. Zodn?-i'C' 1
t t c i J ?.-
"Normal" is a 30 year average, 1961 to 1990.
Figure III-2. Annual Normal Precipitation within the State of Minnesota
WSB Project No. 1187.00 Section 11 - Page 4
SECTION 11
TABL E II-2
RAINFALL EVENTS FOR THE RICHFIELD-BLOOMINGTON WATERSHED
STORM STORM DURATION PROBABILITY OF RAINFALL
FREQUENCY OCCURRENCE IN AMOUNT (INCHES)
ANY GIVEN YEAR
1 - Year 24 - Hour 99%0 2.4
2 - Year 24 - Hour 50% 2.8
5 - Year 24 - Hour 20% 3.6
10 - Year 24 - Hour 10% 4.2
25 - Year 24 - Hour 4% 4.8
50 - Year 24 - Hour 2% 5.3
100 - Year 24 - Hour 1% 6.0
25 - Year 10 - Day 4% 8.8
50 - Year 10 - Day 2% 9.8
100 - Year 10 - Day I 1% 10.8
100 - Year 10 - Day Runoff 1% 7.2" of runoff
Source: USWB TP 40 as taken from the Hydrology Guide for Minnesota
•
WSB PROJECT NO. 1187.00 SECTION 11 - 5
SECTION 11
C. GEOLOGY
Surficial Geology
The geomorphology of the Richfield-Bloomington WMO is comprised of
Glacial River Warren Terrace sand and sediment deposits (Figure II-3).
These deposits consist of sand, gravelly sand, and loamy sand overlain by
thin deposits of silt, loam, or organic sediment. The remainder of the WMO
is comprised of outwash from the Des Moines-Grantsburg Sublobe, including
sand, loamy sand, and gravel. Compaction of the soils and melting of
imbedded ice chunks formed numerous depressions; many of these
depressions filled with water and became lakes and ponds. Much of this
area is now covered in artificial fill and has been developed.
Local variations in surficial materials may not be apparent based on
information provided in this report. Further investigation is warranted for
specific land use planning applications. More information on surficial
geology may be found in the Hennepin County Geologic Atlas.
2. Bedrock Geology
The bedrock geology of the watershed is shown in Figure II-4. The map
depicts the bedrock units as they are exposed or covered with surficial
materials. Figure II-5 is a diagram of depth to bedrock elevations.
The bedrock geology is comprised of Early Paleozoic, sedimentary rock.
Three major aquifers are located within the RBWMO boundaries: the Prairie
Du Chien-Jordan Aquifer, the Franconia-Ironton-Galesville Aquifer, and the
Mt. Simon-Hinckley Aquifer.
A generalized geologic column of Hennepin County is shown in Figure II-&
The figure shows the vertical relationship, thickness, and aquifers of the
various geologic units. The relationship of the Quaternary System to the
bedrock system is also depicted. The hydrologic characteristics of the
geologic units are discussed in detail in Section II.J., Ground Water
Resources. Additional geologic information for this watershed may be found
in the Hennepin County Geologic Atlas and the Hennepin County Ground
Water Plan.
D. SOILS
The predominant soil in the RBWMO is sandy loam. Such topsoil has a relatively
high infiltration capacity. Existing turfed area in this highly-developed area is
essentially lawn area. It is assumed that most of these lawns were improved by the
addition of topsoil from elsewhere, making the soils less permeable. The topsoil and
underlying glacial river outwash deposits are considered to be of moderate
erodability. With the highly-developed state of this watershed, erosion is not as much
of a problem as elsewhere, but erosion control is necessary in any areas that are
redeveloped. Both Bloomington and Richfield have erosion control ordinances.
WSB PROJECT NO. 1187.00 SECTION 11 - 6
SECTION 11
Further soils information is available from the Hennepin County Geologic Atlas.
Using the Hennepin County Soil Survey and the Hennepin County Geologic Atlas,
the hydrologic soil classification map for the WMO was developed and is shown on
Figure 11-7. The soils for the WMO have been classified into two hydrologic soil
groups, which are defined as follows:
Group B - These soils have moderate infiltration rates ranging from 0.15 to 0.30
inches per hour when thoroughly wetted. These soils consist of deep moderately-
well to well-drained soils with moderately fine to moderately coarse textures.
Group D -These soils have very slow infiltration rates ranging from 0 to 0.05 inches
per hour when thoroughly wetted. These soils are typically clay soils with high
swelling potential, soils with high permanent water table, soils with a clay layer at or
near the surface, or shallow soils over nearly impervious material.
E. LAND USE
1. General Land Use
Land use within the Richfield-Bloomington Watershed has been and will be
influenced by several key factors: proximity to Minneapolis and the
Minneapolis-St. Paul International Airport, transportation routes, wastewater
systems, and local planning and zoning.
Existing and projected land use for areas within the RBWMO are fully
described in the Bloomington Comprehensive Plan and Richfield
Comprehensive Plan, which are available in the Water Resource Library of
these Cities. The Cities have a land use plan that includes residential,
commercial, and industrial development; designated park and open space
areas; rand public recreational areas. Land use mapping information is
available from each City. Figures II-8a and 11-81b are a representation of the
land use districts for the RBWMO. Redevelopment along the Cedar Avenue
corridor is anticipated to occur as a result of the Minneapolis/St. Paul
International Airport expansion. Table II-3 depicts the population growth for
the Cities.
•
WSB PROJECT NO. 1187.00 SECTION 11 -7
SECTION If
• TABLE II-3
POPULATION GROWTH INFORMATION
CITY OF BLOOMINGTON
YEAR POPULATION
1960 50,498
1970 81,970
1980 81,831
1990 86,335
Est. 2000 88,700
Est. 2010 90,150
Est. 2020 91,400
Source: US Census Bureau and Bloomington Planning Division
CITY OF RICHFIELD
- YEAR POPULATION
1960 42,523
1970 47,231
1980 37,851
1990 35,710
Est. 2000 35,500
Est. 2010 37,500
Est. 2020 38,000
Source: US Census Bureau and City of Richfield
WSB PROJECT NO. 1187.00 SECTION 11 - 8
SECTION 11
F. SURFACE WATER RESOURCES
This sub-section combines an inventory of existing data basic to the understanding
of the Richfield-Bloomington Watershed hydrologic system. The information
collected in this section outlines how surface water runoff is collected, managed, and
discharged from the Richfield-Bloomington Watershed.
1. Hydrologic System
The Richfield-Bloomington Watershed contains several depressions. Seven
of these depressions contain ponds; other depressions have been filled or
_ drained with urbanization and installation of storm sewers. There are no
major creeks or rivers within the watershed and the majority ofstormwater
runoff is conveyed by storm sewer systems in a southeasterly direction
through a series of ponds and wetlands to the Minnesota River.
The subwatershed boundaries tributary to lakes and retention basin within
the Richfield-Bloomington Watershed are outlined in Figure II-9. The
RBWMO hydrologic system has been analyzed by each community and
described in detail in their local stormwater management plans.
2. Wetland Inventory
Wetland inventories have been completed by the U.S. Fish and Wildlife
Service as published on the National Wetland Inventory Maps, and by the
Minnesota Department of Natural Resources as published in their Protected
Waters and Wetlands Map. These wetland inventories are shown on
Figure 11-10.
The City of Bloomington completed a Wetland Protection and Management
Plan in 1997 in accordance with MN Rules 8420.0650. A copy of the
Bloomington Wetland Protection Management Plan is available in the
Bloomington Water Resources Reference Library at Bloomington Public
Works.
G. WATER RESOURCE DATA
Water quality data for the RBWMO has been obtained from the STORET water
quality database, which is available through the Minnesota Pollution Control Agency
(MPCA). The MPCA storage and retrieval database is utilized by participating
agencies to compile water quality testing data. This database is almost entirely used
for the storage of water quality parameters.
Figure II-11 shows the location of monitoring sites within the RBWMO that have
been used in the past or are currently being used to collect water quality or quantity
data. Appendix B contains the water quality information obtained from the MPCA
(STORET) and the Cities of Richfield and Bloomington.
•
WSB PROJECT NO. 1187.00 SECTION 11- 9
SECTION 11
•
The following stormwater monitoring reports and drainage study are incorporated
into this plan by reference:
a. 1997 Stormwater Monitoring Results, City of Bloomington
b. 1998 Stormwater Monitoring Results, City of Bloomington
c. 1999 Stormwater Monitoring Results, City of Bloomington
The results of these studies can be found in the Water Resource Library at the
member Cities.
•
•
1.
2.
WSB PROJECT NO. 1187.00
Surface Water
Surface water quality of the ponds located in the RBWMQ is typical of similar
ponds throughout the metropolitan area.. Pollutants from. runoff lead to
frequent algal blooms during summer months. The ponds and wetlands
within the RBWMO are not used for swimming or fisheries; public concern
of these ponds is mainly aesthetic. Concerns have been raised regarding
stormwater discharge from the RBWMO in the Airport South area, leading
to degradation of tong Meadow Lake within the Minnesota Valley National
Wildlife Refuge.
The MPCA has assigned water quality standards for all waters of the state.
These water quality standards are contained in Minn. R. ch. 7050 and
consist of beneficial uses along with the narrative and numerical standards
needed to protect those uses. Surface waters within the RBWMO are Class
5 waters, which are suitable for aesthetic enjoyment. A summary of the
Chapter 7050 classifications is found on Table II-4.
Ground Water
The metropolitan area is developed over an extensive ground water aquifer
system that consists of several good sources of water separated and
protected by relatively impervious confining layers. These aquifers are the
Prairie Du Chien-Jordan aquifer, Franconia-Ironton-Galesville aquifer, and
Mt. Simon-Hinckley aquifer. More information about these aquifers can be .
found in Section II.J.2 and in the Geologic Atlas for Hennepin County.
SECTION 11-10
SECTION 11
Table 11,4
MPCA Water Quality Standards
Use Class A Class B Class C Class D
1. Domestic Drinking quality Drinking quality with Drinking quality after Drinking quality after
Consumption maintained without approved treatment: treatment for
any treatment disinfection coagulation, Class C pre, post, or
sedimentation, intermediate
filtration, storage, treatment
chlorination
2. Aquatic Life and Water quality Quality permits Quality permits Permit the -
Recreation permits propagation propagation and propagation and propagation and
and maintenance of maintenance of cool maintenance of maintenance of a
a health community or warm water fish; indigenous fish, and healthy community
of cold water sport suitable for all associated aquatic of aquatic and
or commercial fish recreation including life suitable for terrestrial species
and associated bathing; not boating and other indigenous to
aquatic life, and their protected as a recreational activity. wetlands. Suited for
habitats. These source of drinking boating and other
water shall be water forms of aquatic
suitable for all recreation.
recreation including
bathing, protected
" as a source of
drinking water
3. Industrial Quality suitable for Quality suitable for Quality suitable for
Consumption use without chemical use after moderate use for cooling and
treatment except treatment materials transport
softening without high degree
of treatment
4. Agriculture and Quality sufficient for Quality sufficient for
Wildlife irrigation; suitable use by wildlife and
for use by wildlife livestock
and livestock
5. Aesthetic Quality suitable for aesthetic enjoyment of scenery and to avoid any interference with
Enjoyment and navigation or property damage.
Navigation
6. Other Uses May be established as determined necessary
7. Limited Resource Value Waters
SOURCE: Minnesota Rules, Chapter 7050, 1994.
•
WSB PROJECT NO. 1187.00 SECTION 11 -11
SECTION II
Ground water resource data for areas within the RBWMO are available by
reviewing the content of the following reports. These documents are available
at the member Cities' Water Resource Library.
a. The Hennepin County Geologic Atlas, 1989.
b. The Draft Hennepin County Groundwater Plan, March 1994.
H. WATER RESOURCE / GROUND WATER APPROPRIATIONS
Municipal wells serve the water supply needs for Bloomington and Richfield. The
City of Bloomington also receives water from the-City of Minneapolis. The MDNR
has identified one permitted well within the WMO. The water appropriations
permittee is Woodlawn Terrace. This well is permitted for 80 gallons per minute and
10 million gallons per year. Figure 11-12 shows the location of the DNR Water
Appropriations Permit site. The MDNR. water appropriation list is available in the
member Cities' Water Resource Library.
1. POLLUTANT SOURCE LOCATIONS
Ground water quality can be affected by a variety of land use types. The character
(permeability and thickness) of the surficial material, depth to the piezometric
surface, precipitation amount and duration, and other components of aquifer
recharge make the identification of areas susceptible to ground water contamination
difficult. However, the Geologic Atlas for Hennepin County indicates that the
potential for groundwater contamination within the RBWMO is high to very high.
Users of materials potentially hazardous to water quality can and have successfully
used, handled, and disposed of these materials without contamination of ground
water. However, there are some land use types that have generally been
associated with the potential for ground water contamination.
Pollutant sources identified by the MPCA are incorporated in this document by
reference. A complete list is included in the Water Resource Libraries of Richfield
and Bloomington. Figure II-13 shows the locations of pollutant source sites within
the WMO.
Pollutant source sites identified by the MPCA include tanks and spills (MPCA City
Facility List), leaksites (MPCA Leaksite List), spill emergency response (MPCA
Emergency Response Summary), and information from the MPCA Master Entity
System. These lists also include the Generators of Hazardous Waste and
Registered Underground and Aboveground Storage Tanks. The Master Entity List
combines fourteen state and federal pollutant lists and systems. The following
outlines a few of these lists:
• National Priorities List (NPL). A listing of hazardous waste sites which
represent a significant threat to public health or the environment and are
priorities for remedial action.
•
WSB PROJECT NO. 1187.00 SECTION 11-12
SECTION II
• Comprehensive Environmental Response, Compensation, and Liability
Information System (CERCLIS). The USEPA database of potential or actual
hazardous wastes nationwide.
• Permanent List of Priorities (PLP). A state listing of verified hazardous
waste sites.
• Hazardous Water Generator/Investigation and Cleanup List (HWIC). A
list of RCRA sites that are currently in some stage of investigation and/or
cleanup.
- Brownfield. MPCA Site Assessment sites where real or perceived
contamination stops further development.
The following are sites within the RBWMO that have been identified by the MPCA on
the Master Entity List.
• Eddie'z Car Wash
• Richfield Mitsubishi
• Direct Line
• Richfield Redevelopment
• Meridian Crossings
The leaksite list contains active and inactive leaksites. This list identifies 72 leaksite
locations within the RBWMO.
J. GROUND WATER RESOURCES
1. Surficial Aquifers
The surFicial geology of the Richfield-Bloomington Watershed is composed of
sand, gravelly sand, and loamy sand terrace deposits. These terrace deposits
vary in both permeability and thickness to bedrock. Within these deposits are
unconfined (water table) aquifers of sufficient water bearing capacity to
provide municipal and private water.
The configuration of these surficial aquifers and the position of the water table
are highly variable and complex. In general, surficial aquifers are not
extensive and rarely continuous. The depth to water table varies between 0
feet in the vicinity of some of the ponds to over 30 feet. These unconfined
aquifers are vulnerable to contamination since they are relatively close to the
land surface. Contaminants have a direct access to these aquifers after
minimal infiltration. Available information does not allow a detailed evaluation
and delineation of these aquifers. Site-specific information in the form of well
logs does give some indication of depth to water table and characteristics of
the surficial material.
Recharge areas for drift aquifers are those locations where water can reach
the water table through percolation of water through soil and drift materials.
WSB PROJECT NO. 1187.00 SECTION 11 -13
SECTION 11
Critical recharge areas are those areas where the drift material is relatively
thin, transmissibility is high, and water table depth is minimal. Areas with
these characteristics have a greater potential to transport contaminants to the
drift aquifers than other areas.
Unconfined aquifers are particularly susceptible to contamination from non-
point sources of pollution because of possible high permeability of overlying
materials.
Recharge can also occur from surface water bodies. Wetlands and flood
plains can function as recharge, discharge, or flow-through areas, depending _
on the level of the water within the wetland or floodplain relative to the water
table. Discharge can occur naturally through springs, seeps, and directly into
streams and wetlands. Percolation into underlying aquifers is also a form of
discharge from drift aquifers. These sand and gravel aquifers may also be
hydrologically connected to the uppermost bedrock aquifer and, hence, may
affect underlying water quality by allowing pollutants to migrate downward.
Recharge may be induced by the pumping of sufficient water volumes. This
pumping may draw contaminants through the induced recharge area and
affect aquifer water quality.
2. Bedrock Aquifers
The bedrock geology of the watershed was presented earlier in this plan.
Table II-5 describes the general water bearing characteristics associated with
each geologic unit.
Three major aquifers are located within the RBWMO's boundaries: the Prairie
Du Chien-Jordan Aquifer, the Franconia-Ironton-Galesville Aquifer, and the
Mt. Simon-Hinckley Aquifer. The lowest of the three aquifers is the Mt. Simon-
Hinckley. It ranges in elevation from 600-700 feet above sea level in the
Bloomington area. and is characterized by Mt. Simon &Hinckley Sandstones.
It is confined from above by the Eau Claire Formation. Above this, the
Franconia-Ironton-Galesville Aquifer ranges in elevation from 700-800 feet
above sea level in the Bloomington area. It is composed of the Franconia
Formation and Ironton & Galesville Sandstones. The St. Lawrence Formation
confines it in most areas. The upper most aquifer, the Prairie Du Chien-
Jordan, ranges in elevation from 700-800 feet above sea level in this area.
It is composed of Jordan Sandstone and the Prairie Du Chien Group.
Within the watershed, the Prairie du Chien/Jordan aquifer is the most
significant in terms of water supply, as most municipal water wells draw from
this aquifer. The recharge of the Prairie du Chien/Jordan aquifer and other
aquifers is a complex process. To some degree, recharge occurs everywhere
within the metropolitan area. Downward seepage is greatest where soils are
highly permeable and surficial materials are relatively thin and highly porous.
Downward leakage is more likely to reach the aquifer where the aquifer unit
lies directly beneath permeable soils and surficial material than where
WSB PROJECT NO. 1187.00 SECTION 11 -14
SECTION II
confining layers exist to impede penetration. Once in the system, recharge
water may flow into a surface water body or further into the ground water
system. Within most of the watershed, the Prairie duChein/Jordan aquifer is
in contact with terrace deposits. The absence of an upper confining unit
makes it susceptible to contamination percolating through the drift.
Pumping, a form of discharge, can induce aquifer recharge under certain
conditions. For example, where wells are pumping from an aquifer near a
hydraulic connection to a stream and are drawing the water level of the
aquifer below that of the stream, induced recharge occurs. Pumping may
cause water from the overlying stream sediments to be induced into the
aquifer by reversal in head differences. These flow reversals (from discharge
to recharge) are gradual occurrences where ground water discharge is first
lessened -- affecting stream base flow - before actual flow reversal occurs.
Until site-specific data is collected to fully understand critical areas of ground
water recharge, the entire watershed area has the potential, to some degree,
to recharge bedrock aquifers, particularly the Prairie du Chien.
Ground water movement has been studied on a regional basis by the
Minnesota Geological Survey and by the MPCA at selected areas surrounding
the watershed in association with investigations of potential ground water
contamination sites. Water movement in the Prairie du Chien aquifer moves
generally in a south and southeasterly direction toward the Minnesota River.
However, local flow patterns can be extremely complex because of varying
degrees of development of the aquifer. Documented or potential sources of
contamination of the Prairie du Chien/Jordan aquifer were discussed earlier
Section II. L
According to the Minnesota Geological Survey, the Prairie du Chien/Jordan
aquifer _in the Richfield-Bloomington Watershed has mostly a moderate
potential for contamination with a high to moderate potential in the bedrock
valleys. This indicates that it may take several years for a pollutant spilled on
the surface to enter the ground water. It is important to note that the
"sensitivity" of an area is based on natural conditions. Whereas, the ,potential
sensitivity" of an area becoming contaminated is the result of the cumulative
influence of natural sensitivity, land use, aquifer drawdown, and contaminant
properties. More information on ground water susceptibility to contamination
can be found in the Hennepin County Geologic Atlas and the Hennepin
County Groundwater Plan located in the Bloomington and Richfield Water
Resource Libraries.
•
WSB PROJECT NO. 1187.00 SECTION 11 -15
TABLE II-5
GEOLOGIC UNITS AND THEIR WATER-BEARING CHARACTERISTICS
System Geologic Unit Approximate
Range in Hydrogeologic
Thickness Description Water-Bearing Characteristics Unit
(Feet)
Quaternary Undifferentiated 0-450 Sand, gravelly sand, and loamy sand; Distribution of aquifers and confining beds within drift is Terrace
terrace overlain by thin deposits of silt, loam, or poorly known. Stratified well-sorted deposits of sand and deposits.
deposits organic sediment. gravel yield moderate to large supplies of water to wells
(240 to 2,000 gal/min).
Unconformity
Decorah Shale 25 Shale, bluish-green to bluish-gray; Confining bed.
blocky.
Platteville 35 Dolomitic limestone and dolomite, dark Fractures and solution cavities in rock generally yield Decorah-
Limestone gray, hard, thin-bedded to medium- small supplies to wells (less than 20 gal/min). Not Platteville-
bedded. considered to be an important source of water in Glenwood
metropolitan areas. confining unit.
Ordovician Glenwood Shale, bluish-gray to bluish-green; Confining bed; locally some. springs issue from the
Shale generally soft but becomes dolomitic and Glenwood-Platteville contact in the river bluffs.
harder to the east.
St. Peter 160 Sandstone, white, fine- to medium- Most wells completed in the sandstone are of small St. Peter
Sandstone grained, well-sorted, quartzose; 50-50 diameter and used for domestic supply. They yield 9 to aquifer.
feet of siltstone and shale near bottom of 100 gal/min. Water occurs under both confined and
formation. unconfined conditions. Confining bed near bottom of
formation separates sandstone from underlying Prairie du Basal St. Peter
Chien-Jordan aquifer. Not considered to be an important confining unit.
source for public supplies in area of study.
Prairie du 120 Dolomite, sandstone, sandy dolomite; Prairie due Chien: Permeability is due to fractures, joints,
Chien light brown, buff, gray; thinly to thickly and solution cavities in the rock. Yields small to large
Group bedded. supplies of water to wells. Pumping rates of up to 1,800
gal/min have been obtained.
TABLE 5
WSB PROJECT N O. 1187.00 SECTION 11
TABLE II-5
GEOLOGIC UNITS AND THEIR WATER-BEARING CHARACTERISTICS
System Geologic Unit Approximate
Range in Hydrogeologic
Thickness Description Water-Bearing Characteristics Unit
(Feet)
Cambrian Jordan 95 Sandstone, white to yellowish, fine- to Jordan: Permeability is mostly intergranular but may be Prairie du
Sandstone coarse-grained, massive to bedded, due to joint partings in cemented pats. Main source of Chien-Jordan
cross-bedded in places, quartzose; water for public supply in metropolitan area. Recorded aquifer.
loosely to well cemented. yields are from 36 to 2,400 gal/min. Prairie due Chien-
Jordan aquifer: Supplies about 75 percent of ground water
pumped in the metropolitan area. Yields from 85 to 2,765
gal/min.
St. Lawrence 45 Dolomite siltstone and fine-grained Confined unit regionally. May yield small quantities to
Formation dolomite sandstone, gray to greenish, domestic wells locally.
glauconitic. St. Lawrence-
Franconia
Franconia 140 Sandstone, gray to greenish, glauconitic, Confining unit regionally, may yield small quantities to confining unit.
Sandstone very fine grained; some interbedded domestic wells locally.
micaceous shale and dolomitic
sandstone. Ironton-
Ironton An important aquifer beyond the limits of the Prairie du Galesville
Sandstone Sandstone, yellow to white- medium- to Chien-Jordan aquifer. Yields of wells range from 40 to aquifer.
coarse-grained, poorly cemented. 400 gal/min.
Galesville 55 Sandstone, yellow to white, medium- to
Sandstone coarse-grained, poorly cemented
Eau Claire 80 Sandstone, siltstone and shale, gray to Confining unit regionally. May yield small quantities to Eau Claire
Sandstone reddish-brown, fossiliferous. _ domestic wells locally. confining unit.
Mount Simon 160 Sandstone, gray to pink, medium- to
Sandstone coarse-grained. Some pebble zones and Mount Simon
thin shaley beds. A secondary major aquifer that supplies about 10 percent aquifer.
of ground water pumped in the metropolitan area.
Unconformity Recorded yields range from 125 to 2,000 gal/mina
Precambrian Undivided Sandstone, buff to red, medium- to
coarse-grained; well sorted and _
cemented.
Hennepin County Geologic Atlas, Scott County Geologic Atlas
TABLE 5
WSB PROJECT NO. 1187.00 SECTION 11
SECTION II
K. WATER-BASED RECREATION
There are several park facilities within or adjacent to the RBWMO which offer hiking,
biking, and picnicking facilities as passive forms of water-based recreation. The
following parks are located within the WMO and include ponds within their
boundaries:
Augsburg Park
Richfield Lake Park
Sheridan Park
Smith Park
Wilson Park
Wood Lake Nature Center
Wright's Lake Park
Running Park
L. FISH AND WILDLIFE HABITAT
Within the RBWMO, parks and open spaces with water bodies provide wildlife habitat
for migratory birds and waterfowl. The ponds are too shallow to support game fish
populations.
M. UNIQUE FEATURES AND SCENIC AREAS
The RBWMO has many natural areas, water resources, and local parks. Some of
these areas contain rare and endangered species and special habitats. Information
from the DNR Natural Heritage Database can be found within each member City's
plan. The RBWMO has no wild and scenic areas as defined by the State.
The following areas are of particular interest within the RBWMO.
? Wood Lake Nature Center
The 150-acre Wood Lake Nature Center, located on the north end of Wood
Lake, was opened to the public by the City of Richfield in 1971. Most of Wood
Lake Nature Center is a freshwater marsh. The water is very shallow (less
than four feet deep), and the bottom is mostly organic mud Cattails,
dogwood, and willow ring the shoreline, while cottonwood, silver maple, and
box elder trees populate higher grounds. There are also 11 acres of created
prairie. Over 200 different kinds of birds and 30 different mammals can be
seen at the Center.
There are 3 miles of hiking trails throughout the Center, including a 0.9-mile
"inner" loop and a 1.8-mile `outer" loop. The inner loop features a 600-foot
long floating boardwalk which crosses the marsh. The boardwalk puts visitors
in the middle of the cattail marsh for a close-up experience with snapping
turtles, red-wing blackbirds, and muskrats. Two-and-a-half miles of the trails
are surfaced with crushed limestone, making them wheelchair accessible. In
the winter, ski trails are provided for recreation.
WSB PROJECT NO. 1187.00 SECTION 11 -18
SECTION II
Blandings turtle sighting was recorded at Wood Lake in 1987. However, the
turtles have not been sighted since, and. it is assumed that a sustainable
population of the species is not present within the Nature Center.
? The Minnesota Valley National Wildlife Refuge
The Minnesota Valley National Wildlife Refuge is located to the south and
southeast of the RBWMO. The Minnesota Valley National Wildlife Refuge
provides a wildlife habitat corridor along the Minnesota River. The refuge
contains. threatened and endangered species and the floodplain and _
associates wetlands of the Minnesota River.
The refuge also provides recreational activities such as fishing, hiking,
horseback riding, and nature interpretation.
? Other Lakes, Wetlands, and Parks
The WMO also includes various wetlands. These water bodies provide
natural habitat as well as stormwater storage for the RBWMO. Additionally,
the Smith Pond, Running Park, Richfield Lake, and Wood Lake areas contain
walking trails.
N. FLOOD PROBLEM AREAS
There have been some flood problem areas identified within the RBWMO. The
following reports/summaries are available from the member Cities that address the
problem areas in greater detail:
• Property Damage and Flood Elevation Comparisons, City of Bloomington,
1988
• Smith's Pond - Wright's Lake Drainage Study, TKDA, 1988
• Hydraulic Analysis of Selected Areas within the City of Richfield, 1988
• Smith Pond - Wright's Lake XP-SWMM Analysis, WSB & Associates, 2000
Many of the improvements outlined in these studies have been implemented and
have subsequently reduced or eliminated the flood problems.
0. EXISTING FLOOD INSURANCE STUDIES
A Federal Emergency Management Agency (FEMA) Flood Insurance Study (FIS) has
been completed for the participating cities in the RBWMO. The cities of the
watershed are participating members in FEMA. These reports identified the
boundaries of the floodway and floodplain. Copies of these flood insurance studies
are available at the member Cities' Water Resource Libraries.
•
WSB PROJECT NO. 1187.00 SECTION 11-19
SECTION 11
P. SHORELAND PROTECTION AND FLOODPLAIN MANAGEMENT ORDINANCES
The City of Bloomington has adopted Flood Overlay District and Shore Area
Regulations. The City of Bloomington has submitted revised Shore Area Regulations,
which allow for flexibility in the implementation to the Minnesota Department of
Natural Resources (MDNR).
The City of Richfield is working with the DNR to develop these ordinances. These
ordinances will be available for review from the RBWMO and the individual member
cities.
The RBWMO encourages member cities to coordinate their ordinance efforts with the
MDNR.
•
•
WSB PROJECT NO. 1187.00 SECTION 11 - 20
K I w n. ?
Richfield
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Organic Deposits,
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Source- Hennepin County Geologic Atlas
Hennepin County GIS
Surficial Geology
Figure lI-3
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Prairie du Chien Group
St. Peter Sandstone
Platteville & Glenwood
Formations
Jordan Sandstone
. St. Lawrence and
Franconia Formations
Source: Hennepin County Geologic Atlas
Hennepin County G1S
Bedrock Geology
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Waforshed Managewnt O1 ani on
Watershed
Management Plan
Legend
51-100 feet
101 150 feet
151 - 200 feet
M 201 - 250 feet
251 - 300 feet
301 - 400 feet
M > 400 feet
Source: Hennepin County Geologic Atlas
Hennepin County GIS
Depth to Bedrock Elevations
Figure 11-5
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•
FIGURE 11-6
GENERAL GEOLOGIC COLUMN OF HENNEPIN COUNTY
•
•
TIME PERIOD FORMATION OF GROUP APPROXIMATE AQUIFER
NAME THICKNESS
(Feet)
z Decorah Shale 0-25
wg
o
> . Platteville and Glenwood 35 Platteville Aquifer
0
0 Formations
0
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O years ago St. Peter Sandstone I 160 I St. Peter Sandstone Aquifer
z
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O years ago
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z
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m
? years ago. Franconia/lronton-Galesville
v Ironton and Galesville Sandstone I 55 Aquifer
Eau Claire Formation I 80 I Eau Claire Confining Layer
Mount Simon Sandstone I 160 I Mount Simon Aquifer
0
U_ LU
O ?
C3 ? ? 1,200 to 900 Fond du Lac Formation
00 million years ago
i0 s
SOURCE: HENNEPIN COUNTY GEOLOGIC ATLAS
WSB PROJECT NO. 1187.00
Older bedrock with
undetermined hydrologic
properties
SECTION 11 - 24
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MIDDLE "TERRACE -
Sand, gravelly sand, and loamy sand. overlain by thin
g 'flits ofsilt, loam or organic sediment. Covcn:d by
N -artificial fill where heavily developed. Where terrace
sand is less than 10 feet thick. modifiers d.s, and r denote
underlying Iles Moines lobe, till, and bedrock. Boulder lags
are comman at contact with Superior lobe till' and where
Or is very thin, it consists mostly of boulder lag or
artificial fill.
Group D -
"fluse soils have very slow infiltration rates ranging
from 0 to 0.05 inches per hour when thoroughly wetted.
"these ;arils are typically clay soils with high swelling
potential at or near the surface or shallow soils
over nearly impervious material.
Source: Hennepin County Geologic Atlas
Hennepin County G.1S
Hennepin County Soil Survey
Hydrologic Soils Classification Map
Figure ti-7
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Watershed
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Legend
Richfield Land Use
APARTMENT
- CHURCH
COMMERCIAL
DUPLEX
INDUSTRIAL
.,J MIXLAND
PARK
PUBLIC
QUASI PUBLIC
RESIDENTIAL
RAILROAD
SCHOOL
VACANT
Richfield / Bloomington Watershed Boundary
Source: Hennepin County GIS
City of Richfield Comprehensive Plan
Richfield Land Use Map
Figure II - 8a
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Legend
Bloomington Zoning
Business
Commercial Service
Freeway Development
High Intensity Mixed Use
Industrial
Mixed Use
Residential
Residential Commerical
Richfield / Bloomington Watershed Boundary
;
Source: Hennepin County GIS
City of Bloomington Comprehensive Plat,
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Bloomington
Watershed
Management Plan
Source: Hennepin County G.I.S.
Bloomington Comprehensive Surface
Water Management Plan
Richfield Comprehensive Surface
. Water Management Plan
Subwatershed Map
Figure 11-9
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Watershed
Management Plan
Legend
........ .............. ._._................................ ........................
.........._
DNR WETLAND/
PROTECTED WATER
NWI WETLAND
24P DNR. PROTECTED
WATER I.D.
Source: Hennepin County G.I.S.
DNR Protected Waters & Wetlands Map
National Wetlands Inventory Map
Protected Waters t Wetland Mar
F igure I I-10
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Legend
WATER QUALITY
MONITORING SITE
AS RECORDI D IN
"ST'ORLT"
i CITY WATER QUALITY
MONITORING SITES
1999 FLOW MONITORING
LOCATIONS FOR CALIBRA HON
OF XP-SWMM MODEL
Ill LOCATIONS
93 88th ST & 101h AVE
04 86th ST & 17th AVE
Source: Hennepin Countv G.LS.
Minnesota Pollution Control Agency
City of Richfield
City of Bloomington
Monitoring Locations
Figure I1-11
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Richfield x
Bloomington
Watershed Mara Ornao
Watershed
Management Plan
Legend
DNR WATER APPROPRIATIONS
PERMIT LOCATION
Source: Hennepin County Geologic Atlas
Hennepin County GIS
Minnesota Department of Natural Resources
DNR Water Appropriations Map
Figure ti-l2
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Richffeld
Bloomington
it is ed Management Rani n
Watershed
Management Plan
Legend
¦ Master Entity System List
Sites (sere text for more
information) Master Entity
System List includes
Superfund sites, Brownfield
sites & other hazardous
waste sites.
IS Location of Active and
Inactive leaksites
(MPCA TALES Report)
SITES SHOWN MAY PREVIOUSLY HAVE BEEN CLEANED DP.
THEY ARE SHOWN FOR THE HISTORICAL AND
PRELIMINARY SITE REVIEW PURPOSES ONLY, CONTACT
MPCA FOR CURRENT STATUS
Source: Minnesota Pollution Control Agency
Hennepin County GIS
MPCA Pollutant Sources
Figure H-1.3
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INI'Rr(STNUGtURE. [M[ipfEF+Es - PEANNE:RS
SECTION III
III. GOALS AND POLICIES
The Richfield-Bloomington Watershed Management Organization (RBWMO) has developed
a number of goals and policies that conform to the overall purpose that is specified in
Minnesota. Statutes Section 103B.201. These goals and policies have been developed to
complement any county, regional, or state goals and policies. They have also been
developed to preserve and use natural water storage and retention systems in order to:
A. Limit public capital expenditures that are necessary to control excessive volumes
and rates of runoff.
B. Improve water quality.
C. Prevent flooding and erosion from surface flows.
D. Promote ground water recharge.
E. Protect and enhance fish and wildlife habitat and water recreational facilities
F. Secure the other benefits associated with the proper management of surface water.
Through the watershed management planning effort, the RBWMO will support the use of
Nationwide Urban Runoff Program (NURP) standards for the design of newstormwater
management ponds and the use of the Minnesota Pollution Control Agency's (MPCA) Best
I Management Practices (BMP) for all new developments to reduce non-point source pollution
associated with stormwater runoff. The RBWMO will incorporate these standards and
requirements in this Watershed Management Plan by reference and will adopt the
appropriate land use controls to implement this federal and state policy. This Watershed
Management Plan represents the WMO's primary strategy for attempting to reach the
Metropolitan Council's goal of reducing non-point source pollution in the Minnesota River
by 40%.
The goals and policies that the WMO has developed address issues related to water
quantity, water quality, recreation, fish and wildlife, enhancement of public participation,
information and education, public ditch system management, ground water management,
shoreland management, wetland management, and soil erosion management. Outlined
below are the goals and policies that have been developed for each of the above areas of
concern.
A. WATER QUANTITY
Goal:
Limit public capital expenditures that are necessary to control excessive volumes
and rates of runoff.
WSB PROJECT NO. 1187.00 SECTION III -1
SECTION III
•
The RBWMO defers to the member cities the responsibility of addressing
stormwater runoff management needs and problems provided that the
impact of the problem and the source of the impact is wholly contained within
a given community and the affected community is in conformance with the
RBWMO. If they are not in conformance, the WMO will ask the City to rectify
noncompliance.
2. In cases where surface water impacts or the source of impacts transcend
municipal boundaries, or the community is found to not-be in compliance, the
RBWMO shall review such problems and issue directives to the appropriate
local government unit(s) for resolution. It will be the responsibility of the
member cities to implement a project that is acceptable to the RBWMO.
3. In cases where the member city refuses to implement a project per the
directives of the RBWMO, or requests the RBWMO to facilitate resolution of
the problem, the RBWMO shall perform such a function in conformance with
the terms of the RBWMO Joint Powers Agreement.
r
Policies:
4. The RBWMO will require that a stormwater system maintenance plan that
contains, at a minimum, the components of the maintenance plan contained
in Appendix C be developed as part of the local plan development to ensure
the stormwater system will continue to function in conformance with its
intended use.
5. Changes that affect policies to the local water resource management plan
requires the review and approval of the RBWMO.
6. Future-discharge rates from new development and redevelopment will, at a
minimum, not exceed the existing discharge rates.
7. The City prefers to provide rate control through the use of regional
stormwater retention systems versus site-by-site retention systems.
8. The design of all major stormwater storage facilities shall attempt to
accommodate a critical duration event with a 1% chance of occurrence.
9. The I% storm event is defined as having a Soil Conservation Service (SCS)
Type II distribution with 6.0" of rainfall in a 24-hour period or 7.2" of runoff
over 10 days.
10
10
WSB PROJECT NO. 1187.00
The critical 1 % chance event will be defined as the event which requires the
greatest stormwater storage volume. These facilities include lakes, ponds,
and their outlets.
SECTION ill - 2
SECTION III
11. New storm sewer systems shall be designed to accommodate discharge
rates with a 10% chance of occurrence. The 10% storm event is defined as
having an SCS Type II distribution with 4.2" of rainfall over a 24-hour period.
12. The 99% storm event is 2.4" of rainfall in 24 hours.
13. Wetlands will be protected within the RBWMO boundaries in conformance
with the Wetland Conservation Act. Other specific policies concerning
wetlands are included in Subpart G, Wetlands, of this section.
14. It is the intention of the WMO to allow the utilization of-naturalponding areas,
such as wetlands and lakes, for the impoundment and treatment of surface
water runoff. The natural ponding areas are preferred over impoundments
constructed in upland areas provided they are classified for such use in the
local Plan. Water bodies,with other classifications may also be utilized for
impoundment and treatment of surface water runoff, but only under the terms
for management as defined in Section 111, Subpart G, Wetlands. It is
recognized that the Cities of Richfield and Bloomington are fully developed,
and so existing natural ponding areas will be used.
15. The RBWMO encourages the development of enhanced infiltration practices
wherever it is practical and reasonable to do so, provided that past and
existing land use practices do not have a significant potential to contaminate
the stormwater runoff, the infiltration will have regional benefit, and the soil
characteristics are suitable for infiltration.
16. Landlocked depressions which presently do not have a defined outlet and do
not typically overflow may be allowed a positive outlet provided it is in
conformance with an approved Local Plan.
17. The RBWMO intends to allow the use of both designated and non
designated areas to store stormwater runoff. Designated areas include
general depressions, low points, and streets where structures and/or
property is not damaged and any inundation that occurs will only be
temporary in nature.
18. Existing stormwater storage facilities will be considered adequate if they limit
high water elevations below existing structures for a 1% chance rainfall
event. They will also be deemed adequate if the high water elevation slightly
exceeds existing low building elevations in a 1 percent chance, 10-day
event, provided that based on the time to peak, there is adequate time
available to temporarily protect structures from damage through
sandbagging, dike construction, or other means (a period not to exceed 2
weeks).
•
WSB PROJECT NO. 1187.00 SECTION III - 3
SECTION 111
19. The Cities of Richfield and Bloomington will continue to perform the Local
Government Unit (LGU) role and work with the Watershed Districts and
WMO to ensure all projects conform to regulatory agency guidelines.
20. The WMO encourages the Cities to require 2 feet of freeboard between
minimum building opening elevations and the 1% chance event high water
elevations in a given area for all new structures constructed within the City.
Runoff from back-to-back 1 % chance events will be used to analyze holding
capacity and freeboard for landlocked areas.
21. The WMO intends to preserve existing water storage capacity, below the 1 %
chance rainfall flood elevation, on all water bodies in the watershed. This will
minimize the frequency and severity of high water, as well as minimize
development in the I% chance floodplain, which would unduly restrict flood
flows or aggravate known high water problems.
B. WATER QUALITY
Goal:
Maintain or improve the quality of water in lakes, streams, or rivers within or
immediately downstream of the RBWMO.
Policies:
1. To improve the quality of surface waters within the watershed.
2. To improve the extent, quality, and availability of surface water quality data.
3. The RBWMO encourages local cities to maintain an up-to-date inventory of
wetlands and public water bodies to assist in the management of these
resources.
4. The RBWMO will coordinate with other agencies' efforts in monitoring,
maintaining, and improving surface water quality within the watershed.
5. The RBWMO will promote greater public understanding of and participation
in water quality maintenance and improvement issues.
6. The RBWMO defers to the member cities all responsibilities for addressing
stormwater runoff water quality problems, provided that the impacts or
source of impacts are wholly containedwithin a given community and the
member cities is in conformance with the approved local plan. If the impacts
or source of water quality impacts transcend municipal boundaries, local
government units must submit to the RBWMO plans and information
concerning the project or development for review. Upon completion of this
•
WSB PROJECT NO. 1187.00 SECTION III -4
SECTION III
10, review, the R$WM0 shall submit its comments and findings to the
appropriate governmental unit for implementation.
7. Should water quality problems arise, the RBWMO shall review the problem
and issue. directives to the member cities to take action to address the
problem. If appropriate action is not taken by the member cities after
notification by the RBWMO, the RBWMO shall take action to correct the
problem. The cost of such work will be assessed to the appropriate city.
8. In the design and construction of new or modifications to the existing -
stormwater conveyance systems, pretreatment of stormwater runoff to
Nationwide Urban Runoff Program (NURP) recommendations must be
provided prior to discharge where cost effective and feasible. A centralized
stormwater treatment basin versus a site-by-site treatment system is
preferred due to the fully-developed condition of the Cities. The NURP
guidelines for the design of stormwater treatment basins are as follows:
a. A permanent pool ("dead storage") volume below the principal
spillway (normal outlet) which shall be greater than or equal to the
runoff from a 2.5-inch storm over the entire contributing drainage
area assuming full development.
b. A permanent pool average depth (basin volume/basin area) which
shall be > 4 feet, with a maximum depth of < 10 feet.
C. An emergency spillway (emergency outlet) adequate to control the
one percent frequency/critical duration rainfall event.
d. Basin side slopes above the normal water level should be no steeper
than 3:1, and preferably flatter. A basin shelf with aminimum width
of 10 feet and 1 foot deep below the normal water level is
recommended to enhance wildlife habitat, reduce potential safety
hazards, and improve access for long-term maintenance.
e. To prevent short-circuiting, the distance between major inlets and the
normal outlet shall be maximized.
f. A flood pool ("live storage") volume above the principal spillway shall
be adequate so that the peak discharge rates from the 99%, 10%,
and 1 % chance critical duration storms are no greater than pre-
development basin watershed conditions.
g. Retardance of peak discharges for the more frequent storms can be
achieved through a principal spillway design which may include a
perforated vertical riser, small orifice retention outlet, or compound
weir.
WSB PROJECT NO. 1187.00
SECTION III - 5
SECTION III
9. In areas where NURP treatment basins are not feasible to construct, the
MPCA Guidelines for Protecting Water Quality in Urban Area may be
substituted. The MPCA Guidelines are as follows:
a. The basin's hydraulic volume (dead pool) shall be sufficient to capture
a 2-inch of runoff from the impervious watershed area.
b. Basins shall also provide a minimum of 250 W of dead sediment
storage volume below the basin's volume/impervious acre drained.
C. Basin inlets shall be placed above the sediment storage volume.
d. Basin outlets shall be designed to remove, all suspended solids
greater than 5 microns with a settling velocity of 1.3 x 10-4 fUsec.
e. Basin outlets shall also be designed to prevent short circuiting and the
discharge of floating debris.
10. The WMO has adopted the "Interim Strategy to Reduce Nonpoint Source
Pollution to all Metropolitan Water Bodies" of the Metropolitan Council that
addresses the proper management of stormwater discharges. Generally
speaking, the nine point plan requires the use of MPCA Urban Management
practices as outlined in their publication "Protecting Water Quality in Urban
Areas," utilizing Nationwide Urban Runoff Program (NURP)
recommendations in the design of retention and treatment basins and the
adoption of shoreland ordinances in conformance with DNR directives. A
copy of the nine point plan is included in Appendix F.
11. The WMO requires the development and adoption of aShoreland Protection
Ordinance for each City. This process should be completed in cooperation
with the MDNR.
12. The WMO encourages sweeping of the City streets once annually and twice
annually for priority areas. A sample stormwater system maintenance plan
is included in Appendix E.
13. The RBWMO will require skimmers in the construction of new pond outlets
and add skimmers to the existing system whenever feasible and practical.
The designs shall provide for skimmers that extend a minimum of 4 inches
below the water surface and minimize the velocities of water passing under
the skimmer to less than 0.5 feet per second for rainfall events having a 99%
frequency.
14. The RBWMO defers to each member city the development and
implementation of a program aimed at fostering responsible water quality
management practices by its residents. As part of the development of this
program, studies will be undertaken to define reasonable and prudent
WSB PROJECT NO. 1187.00 SECTION III - 6
SECTION 111
practices that residents should be encouraged or required to undertake to
protect or improve water quality. Programs will be developed following the
completion of these studies. Practices dealing with the use of low or no-
phosphate fertilizers, proper pet waste disposal, private parking lot
sweeping, and lawn waste management will be addressed at a minimum.
Each city will make an effort to educate the public by distributing information
on responsible practices they should employ to protect water resources
within the community.
15. The RBWMO encourages the member cities to work with Hennepin County
to develop a program to ensure that solid or liquid waste is disposed of
properly. This program will include providing information to homeowners on
proper disposal and/or use of yard waste in an environmentally responsible
manner. The program educates residents on the proper disposal of
household hazardous waste-including-waste oil, paints, and solvents. The
drop off site for household hazardous wastes is the South Hennepin
Recycling and Problem Waste Drop Off Center at 1400 West 96th Street.
16. The RBWMO will promote and encourage all properties adjacent to water
resources to have an established vegetative buffer strip. This strip should
consist of legumes or other perennial grasses to limit erosion and nutrient
transport across the buffer strip. The concept shall be promoted in local
newsletters.
17. The RBWMO encourages member cities to clean all public sump catch
basins or sump manholes as outlined in each City's Stormwater System
Maintenance Plan. Appendix C contains a sample stormwater system
maintenance plan.
18. The RBWMO requires member cities to develop a retention/treatment basin
clean out and maintenance plan that will address maintenance to the extent
feasible and practical. The goal of this plan will be to assure that each City's
retention and treatment basins will have the capability to retain and treat
stormwater in future years.
19. The RBWMO will protect wetlands to assure that their fish and wildlife,
environmental quality, and socio-economic values are maintained (see
Wetland Policies outlined in Section III, Subpart G).
20. The RBWMO may undertake and/or encourage member cities to develop
and implement a water quality monitoring program capable of establishing
that the stormwater treatment basins constructed within the WMO are not
only designed to Nationwide Urban Runoff Program recommendations, but
also meet the anticipated design removal efficiencies based on actual
monitoring of the system.
to
WSB PROJECT NO. 1187.00 SECTION III - 7
SECTION III
0 21. The RBWMO requires that member cities eliminate known illegal connections
to each City's stormwater conveyance system.
22. The RBWMO encourages the member cities to work with neighboring
municipalities to require rate control and treatment prior to the discharge of
stormwater across municipal boundaries.
23. The RBWMO encourages each City to establish the street width for all public
roads undergoing development or redevelopment in conformance with the
City Code. The WMO recognizes that narrow streets reduce pollutant loads,
decrease runoff volumes, and increase infiltration. The municipality should
give these factors consideration in concert with consideration for parking,
public safety, and maintenance needs.
24. The RBWMO adopts the MPCA Best Management Practices as part of the
WMO Watershed Management Plan.
C. RECREATION, FISH, AND WILDLIFE
Goal:
Protect and enhance recreational facilities and fish and wildlife habitat.
Policies:
1. The RBWMO encourages wildlife habitat and protection and enhancement
opportunities as part of surface and ground water management practices.
2. The RBWMO encourages and supports efforts of the member cities in the
provision of wildlife habitat and recreational opportunities. The member
cities' local water management plans must identify efforts to improve and
preserve habitat areas and recreation resources as part of their approach to
water management.
3. The WMO will work with and support to the maximum extent practical the
efforts of the Minnesota Department of Natural Resources, the Corps of
Engineers, the U.S. Environmental Protection Agency, the U.S. Fish and
Wildlife Service, and other appropriate agencies in promoting public
enjoyment and protecting fish, wildlife, and recreational resource values in
the watershed.
4. Wetlands will be protected in conformance with the goals and policies
outlined in Section III, Subpart G, Wetlands.
5. The WMO will encourage land owners to maintain wetlands and open space
areas for the benefit of wildlife. This task will be undertaken through public
education.
0
WSB PROJECT NO. 1187.00 SECTION III - 8
SECTION 111
6. The WMO will encourage member cities to sweep the streets once annually
and twice annually in priority areas.
D. ENHANCEMENT OF PUBLIC PARTICIPATION, INFORMATION, AND
EDUCATION
Goal:
Educate and inform the public on pertinent water resource management issues and
increase public participation in water management activities.
Policies:
•
1. The RBWMO encourages member cities to develop public education through
such programs as newsletters, door hangers, catch basin stenciling, and
children's programs.
2. The RBWMO encourages the member cities to include regular articles in City
newsletter, which will include information on pertinent water management
issues, catch basin stenciling programs, and other water-related topics. This
mailing will provide an opportunity for residents to participate in watershed
management activities.
E. PUBLIC DITCH SYSTEMS
Goal:
Provide a mechanism through which public ditch systems will be managed.
Policies:
1. No officially-established public or judicial ditch systems have been identified
within the RBWMO.
F. GROUND WATER
Goal:
To coordinate activities and/or manage surface water runoff to the degree necessary
to meet any existing or future requirements for ground water protection or
management as directed by Hennepin County, Minnesota Pollution Control Agency,
the Minnesota Department of Health, and the Department of Natural Resources.
Policies:
1. To improve the extent, quality, and availability of ground water quality data.
WSB PROJECT NO. 1187.00 SECTION III -9
SECTION III
•
2. To ensure that sources or potential sources of ground water pollution are
identified.
3. To promote efforts to delineate and protect ground water recharge areas.
4. Use land use guidelines in land use planning and management to encourage
infiltration and protection of ground water resources.
5. The RBWMO will utilize the available hydrogeologic information to assist in
proper and appropriate land use planning and development within the
watershed.
6. The RBWMO will coordinate with agencies conducting ground water quality
studies to enhance sampling where necessary within the watershed.
7. The RBWMO will review the existing programs underway by other
government agencies directed at inventorying, monitoring, or permitting
activities that are or potentially may be sources of ground water pollution
contamination.
8. The RBWMO will encourage member cities to develop and implement well
head protection plans.
•
9. To promote and coordinate with other agencies the continuation of existing
ground water monitoring, inventorying, or permitting programs.
10. To encourage the development of spill prevention, control, and counter
measure plans that are consistent with state and/or federal regulations.
11. To assist members of the State or other governmental agencies in resolving
ground water quality problems.
12. The RBWMO encourages the development of enhanced infiltration practices
wherever it is practical and reasonable to do so, provided that past and
existing land use practices do not have a significant potential to contaminate
the stormwater runoff, the infiltration will have regional benefit, and the soil
characteristics are suitable for infiltration.
13. The RBWMO encourages preservation of wetland, pond, and park areas to
encourage ground water recharge by infiltration of precipitation in areas
where land use is not anticipated to adversely affect surface water runoff.
14. The RBWMO supports efforts to gather further information . on the
hydrogeology of the region. When such information becomes available,
including information on the location of ground water recharge areas, the
0
WSB PROJECT NO. 1187.00
SECTION III -10
SECTION 111
WMO will take into consideration these areas for the purpose of maintaining
their recharge capabilities in protecting ground water quality.
15. The RBWMO requires that member cities cooperate with the Department of
Health to ensure that all unsealed or improperly abandoned wells within the
WMO are properly sealed. Technical requirements for the abandonment of
these wells will be in conformance with the local cities and state regulations.
16. The RBWMO encourages member cities to sweep the streets once annually
and twice annually in priority areas.
G. WETLANDS
Goal:
The RBWMO will protect wetlands in conformance with the requirements of the
Wetland Conservation Act of 1991 (Appendix 1).
Policies:
1. The RBWMO will require the local cities to act as the Local Government Unit
(LGU) for wetland management and manage wetlands in conformance with
the rules developed by the Board of Water and Soil Resources and the
Wetland Conservation Act (WCA).
2. The WMO will require the development and adoption of a Shoreland
Protection Ordinance for each City. This process may be completed in
cooperation with the MDNR.
3. The RBWMO will support local city efforts to manage wetlands for habitat
diversity, water quality, and stormwater management. These efforts may
include dredging of sediments, construction of treatment areas in wetland
fringes, and construction of fill areas for the purposes of creating habitat.
These activities will be supported as long as it can be demonstrated that the
project will result in no net loss of wetland area.
4. The RBWMO will utilize wetland inventory information developed by the U.S.
Fish and Wildlife Service, and the Minnesota Department of Natural
Resources for the protection and identification of wetlands.
5. Prior to any site development activities, the RBWMO encourages the
developer to complete a site inspection by a trained wetland professional to
identify the location and extent of any wetlands present. If any wetland
encroachment is proposed, wetland values and impacts will be evaluated on
a case-by-case basis in conformance with the Wetland Conservation Act.
A copy of the Wetland Conservation Act can be found in Appendix D.
•
WS13 PROJECT NO. 1187.00 SECTION III -11
SECTION III
6. Any review of a proposed wetland encroachment will initially address the
issue of avoidance. It will be the member cities' responsibility that prior to
allowing any wetland encroachment, all reasonable attempts to avoid such
alteration must be demonstrated. This avoidance review must also consider
the reasonableness of the no-build alternative.
7. The RBWMO will encourage member cities to not allow any burning, filling,
or draining to an existing wetland without the municipality's expressed written
approval.
8. The RBWMO will encourage member cities to develop a wetland
management plan.
9. The RBWMO will encourage member cities to develop a wetland/water body
classification system.
10. The RBWMO encourages member cities to sweep the streets once annually
and twice annually in prior areas.
H. EROSION
Goals:
To prevent erosion and sedimentation to the maximum reasonable extent.
Policies:
1. To control construction-related erosion and sedimentation.
2. The RBWMO supports the efforts of the Natural Resource Conservation
Service, the Hennepin County Conservation District, and the MPCA in
addressing soil stabilization within the watershed.
3. The RBWMO requires, at a minimum, the adoption by the member cities of
measures similar to those of the MPCA Best Management Practices (3MPs)
and of the Hennepin County Conservation District regarding erosion and
sedimentation control for land development and construction sites.
4. Member cities must identify a permit program or document the modification
of an existing program to increase the awareness of erosion issues and
ensure compliance.
5. The RBWMO will coordinate, where appropriate, with other agencies' efforts
to implement Best Management Practices regarding erosion and
sedimentation control.
•
WSB PROJECT NO. 1187.00 SECTION III -12
SECTION Ili
6. Member cities will be responsible for establishing standards as approved by
the RBWMO in enforcing erosion and sedimentation control programs for all
development and redevelopment sites for lands within the watershed.
Erosion and sedimentation control measures must be identified in the
member water management plans and must address all developments that
have potential to impact surface water quality. The member cities' plan must
require the owner of the land to be developed or redeveloped to complete a
sediment/erosion control plan for all construction activities in which existing
vegetative cover is removed or disturbed. The approval of said plan by the -
municipality must be obtained prior to. any construction activity.
7. Sediment/erosion control plans must, at a minimum, include information
outlining the direction of all site runoff and the location of erosion control
measures. The plan must address sediment containment by either structural
or non-structural means. The re-establishment of permanent vegetative
cover immediately upon completion of the construction activity will also be
required.
8. The RBWMO has determined that structural methods for erosion control may
include, but are not limited to, silt fences, hay bale barriers, diversion dikes,
and sedimentation basins.
9. The RBWMO has recognized that non-structural methods include, but are
not limited to, natural vegetative barriers, phased development practices,
and grading practices that minimize slopes.
10. Erosion control plans must address cover establishment, both temporary and
permanent. Cover establishment practices include, but are not limited to,
seeding, mulching, and sodding. All structural and non-structural erosion
control measures must remain in place and be properly maintained until
permanent vegetative cover is established.
11. The RBWMO recommends that member cities give consideration to
obtaining surety to provide adequate safeguards to ensure the plan is carried
out by the developer.
12. Anyone conducting a construction activity that results in the disturbance of
one or more acres of land is required to apply for a stormwater discharge
permit from the MPCA.
13. The RBWMO encourages member cities to address control of the exotic
weed purple loosestrife at construction sites and elsewhere. Information on
Best Management Practices for this and other exotic species is available
from the MDNR.
s
WSB PROJECT NO. 1187.00 SECTION III -13
SECTION 111
14. The RBWMO encourages the member cities to review and enforce all
erosion and sedimentation control plans for all new developments and
redevelopments. These plans shall conform to the general criteria set forth
by the Minnesota Construction Site Erosion Control Handbook or practices
outlined in the Minnesota Pollution Control Agency Division of Water Quality
Document "Protecting Water Quality in Urban Areas", Erosion Control
Ordinance, and the NPDES Construction Site permit.
15. The RBWMO encourages member cities to sweep the streets once annually
and twice in priority areas.
16. The RBWMO may identify locations for erosion control improvement projects.
17. The RBWMO encourages member cities to develop and adopt erosion and
sedimentation control ordinances, which include enforcement.
9
•
WSB PROJECT NO. 1187.00 SECTION III -14
SECTION IV
IV. PROBLEMS AND CORRECTIVE ACTIONS
Outlined below is an assessment of existing and potential water resource-related problems
that are known at this time. These problems have been identified based on an analysis of
the land and water resource data collected as part of this watershed management plan
preparation and through the member cities' input. A description of any existing or potential
problem within the topic area has been listed.
A. LAKE AND STREAM WATER QUALITY PROBLEMS
1. Several lakes and wetlands within the RBWMO have experienced degradation
due to the accumulation of sediments from untreated stormwater runoff.
Corrective Action
a. The RBWMO will support local cities' efforts to address and correct
degradation problems within existing lakes and wetlands. These efforts may
include the dredging of accumulated sediment or the construction of storm
water quality basins within the wetland fringe areas, provided that the project
results in a no net loss to wetlands.
B. FLOODING AND STORMWATER RATE CONTROL CONCERNS WITHIN THE
WATERSHED
• Flood problem areas have been identified within the RBWMO. The locations of the
flood problem areas are discussed in the Local Surface Water Management Plans for
each city.
Corrective Action
a. The RBWMO defers to the member cities the responsibility of addressing
stormwater runoff management needs and problems, provided that the
impact of the problem and the source of the impactis wholly contained within
a given community and the affected community is in conformance with the
Richfield-Bloomington Watershed Management Plan. In addition, RBWMO
will require that flood problems recognized within this plan be recognized for
capital improvements within the appropriate member cities' surface water
management plan.
b. In.cases where surface water impacts or the source of impacts transcend
municipal boundaries, or the community is found to not be in compliance, the
RBWMO shall review such problems and issue directives to the appropriate
local governmental unit or units for resolution. It will be the responsibility of
the member cities to implement a project that is acceptable to the RBWMO.
In cases where the member city refuses to implement a project per the
directives of the RBWMO, or requests the RBWMO to facilitate resolution of
•
WSB PROJECT NO. 1187.00 SECTION IV -1
SECTION IV
•
the problem, the RBWMO shall perform such a function in conformance with
the terms of the RBWMO Joint Powers Agreement.
C. FLOODING OR STORMWATER RATE CONTROL ISSUES BETWEEN THE
MEMBER CITIES
1. No flooding and stormwater rate control issues exist between the member cities
of the RBWMO.
D. IMPACTS OF WATER QUANTITY OR QUALITY MANAGEMENT PRACTICES ON -
RECREATIONAL OPPORTUNITIES
1. It has been recognized that there is concern regarding the quality ofstormwater
discharged from the RBWMO to the Minnesota Valley National Wildlife Refuge
(MVNWR).
2. A concern was noted regarding the quality of stormwater discharged to Wood
Lake and Richfield Lake from outfalls receiving stormwater runoff from 1-35W
and other areas of Richfield.
3. A concern was noted regarding the presence offloatables being discharged into
Smith Pond and Wright's Lake in the City of Bloomington.
• Corrective Action
a. The RBWMO defers to the member cities the responsibility of addressing
stormwater runoff management needs and problems, provided that the
impact of the problem and the source of the impactis wholly contained within
a given community and the affected community is in conformance with the
Richfield-Bloomington Watershed Management Plan.
E. IMPACTS OF STORMWATER QUALITY ON FISH AND WILDLIFE RESOURCES
1. Impacts to fish and wildlife resources have been identified including decreased
floristic diversity and impacted wildlife habitat.
Corrective Action
a. The RBWMO requires that member cities implement the programs, studies,
and capital improvements outlined in their local stormwater management
plans.
F. IMPACTS OF SOIL EROSION ON WATER QUALITY AND WATER QUANTITY
1. During significant rainfall events, soil erosion, particularly from construction sites,
has carried sediment to water bodies within the watershed. This sediment
0
WSB PROJECT NO. 1187.00
SECTION IV - 2
SECTION IV
• deposition has reduced the depth of water within these water bodies and
degraded the quality of water in the basin.
2.. Concern was noted regarding the need for adequate erosion control measures
to be utilized within the watershed and that the implementation of Best
Management Practices should be addressed in this plan.
Corrective Action
a. Continue to implement the erosion control programs currently in place within
the watershed for areas where construction activity is taking place. The
RBWMO will require member cities to adopt erosion and sedimentation
control ordinances which must be contained within their local stormwater
management plan.
b. The RBWMO encourages member cities to maintain and if necessary dredge
to maintain the natural and intrinsic values of the wetlands andwaterbodies
within the RBWMO.
G. GENERAL IMPACT OF LAND USE PRACTICES AND IN PARTICULAR, LAND
DEVELOPMENT AND LAND ALTERATION ON WATER QUALITY AND WATER
QUANTITY
1. Selected areas of the watershed have been exposed to increased rates and
volumes of stormwater runoff as a result of an increase in impervious surface
area due to development.
Corrective Action
a. The RBWMO will continue to work with the local cities to address the impacts
of land use on RBWMO water resources.
H. THE ADEQUACY OF EXISTING REGULATORY CONTROLS TO MANAGE OR
MITIGATE ADVERSE IMPACTS ON PUBLIC WATERS AND WETLANDS
1. The RBWMO feels that the existing regulatory. controls contained within this
watershed plan are adequate to manage or mitigate adverse impacts on public
waters and wetlands.
Corrective Action
a. No corrective action required.
2. The RBWMO has recognized that a public educational program targeted at
educating the public about wetlands and their functions is important.
•
WSB PROJECT NO. 1187.00 SECTION IV - 3
SECTION IV
to Corrective Action
a. The RBWMO requires the member cities to implement awater resources
public education plan to increase residents' awareness concerning proper
water resource management.
L THE ADEQUACY OF PROGRAMS TO LIMIT SOIL EROSION AND
CORRESPONDING WATER QUALITY DEGRADATION
1. It is the position of the RBWMO that the existing programs are adequate to limit
soil erosion and corresponding water quality degradation, provided that
enforcement of these programs is expanded.
Corrective Action
a. The watershed will require member cities to develop soil and sedimentation
ordinances concerning construction activities within the watershed. In
addition, these ordinances must be contained within the local surface water
management plans which will be reviewed by the RBWMO.
J. THE ADEQUACY OF PROGRAMS TO MAINTAIN THE TANGIBLE AND INTRINSIC
VALUES OF NATURAL STORAGE AND RETENTION SYSTEMS
. 1. The existing programs are adequate to maintain the tangible and intrinsic values
of natural storage and retention systems.
Corrective Action
a. No corrective action is required.
K. THE ADEQUACY OF PROGRAMS TO MAINTAIN WATER LEVEL CONTROL
STRUCTURES
1. The existing programs within the RBWMO are adequate to maintain water level
control structures.
Corrective Action
a. No corrective action is required.
•
WSB PROJECT NO. 1187.00 SECTION IV - 4
SECTION IV
L. THE ADEQUACY OF CAPITAL IMPROVEMENT PROGRAMS TO CORRECT
PROBLEMS RELATING TO WATER QUANTITY, WATER QUALITY
MANAGEMENT, FISH AND WILDLIFE HABITAT, PUBLIC WATERS AND
WETLAND MANAGEMENT, AND RECREATIONAL OPPORTUNITIES
1. Existing capital improvement programs are adequate to correct problems relating
to these items.
Corrective Action
a. No corrective action is required.
M. IDENTIFICATION OF POTENTIAL PROBLEMS WHICH ARE ANTICIPATED TO
OCCUR WITHIN THE NEXT 20 YEARS BASED ON GROWTH PROJECTIONS
AND PLANNED URBANIZATION
1. The RBWMO anticipates that there will be increased pressure to improve the
quality of water within the WMO and the appearance ofstormwater retention
areas.
Corrective Action
a. The RBWMO requires member cities to include within their stormwater
management plans a stormwater basin maintenance plan which defines and
schedules necessary maintenance actions on stormwater basins.
N. THE ADEQUACY OF EXISTING TECHNICAL AND BACKGROUND INFORMATION
ON SYSTEMS IN THE WATERSHED THAT ARE USED TO MANAGE WATER
RESOURCES-
1. Both Bloomington and Richfield have completed hydrologic/hydraulic modeling
that meet the standards of the RBWMO and believe the existing information is
adequate to manage water resources.
Corrective Action
b. No corrective action is required.
0
WSB PROJECT NO. 1187.00 SECTION IV - 5
SECTION V
V. IMPLEMENTATION PROGRAM / PRIORITIES
Based on the information developed in Sections II through IV, the RBWMO has developed
a water resource management program that reflects the needs and concerns of the WMO.
A prioritized listing of the studies, programs, and capital improvements that have been
identified as necessary to respond to all of the water resource needs within the WMO is
outlined on the following tables. The WMO anticipates implementing, at least to some
extent, the regulatory programs or improvements identified within this plan by the year 2006.
The studies and capital improvements identified in this section of the plan may be entirely
or partially completed by the local government unit, the WMO, or a joint effort between the
WMO and a local government unit. It may not be necessary to complete a full diagnostic
study for each of the lakes or water bodies indicated in the listing of studies to reasonably
construct capital improvements. Those capital improvements, which have been found to be
effective with other water bodies with similar watershed characteristics within the Richfield-
Bloomington WMO, may be implemented without a detailed diagnostic study.
•
s
WSB PROJECT NO. 1187.00 SECTION V -1
TABLE V-1
CAPITAL IMPROVEMENT PLAN FOR STORMWATER DRAINAGE
Capital Improvements Proposed Expenses for Year T
r Cost Funding
o?.jj tit y Project Description Estimate Sources , 2000 2001 20P2 20 2004 2005 ' 2006, 6o" M' moiUs
Construct water quality City of Richfield/
CIP-1 High improvements at Richfield $420,000 MnDOT 420,000
Lake
Construct water quality
City
CIP-2 High improvements at Wrights $100,000
Bloomington $100,000
Lake
CIP-3 High Construct outlet from $100,000 City of Richfield $100
000
Augsburg Pond ,
I TOTAL I I $420,000 ( $200,000 I $0 I $0 I $0 I $0 I $0 I I
TABLE V-1
WSB PROJECT NO. 1187.00 SECTION V
0 0 1 . 0
TABLE V-2
STORMWATER MANAGEMENT PROGRAMS
"Water Resources? Pro grams Proposed Expenses for Year
Cost Funding
F i
No. Priority Project Uescrip ion ;Estimate sources 2000 2001 2002 2003 2004 2005 2006 Comments
Review local stormwater '- ".L-
SMP-1 High management plans for $1,500 City of Richfield/ $1
500
conformance to the RBWMO ,
City of Bloomington
watershed management plan.
TOTAL ?I $1,500 I $0 I $0 I $0 $0 I $0 I $0 II
TABLE V-2
WSB PROJECT NO. 1187.00 SECTION V
•
TABLE V-3
STORMWATER MANAGEMENT STUDIES
T Water Resources Studies Proposed Expenses for Year
' Cost Funding
No.; Priority Project Description Estimate Sources 2000 2001 2002 2003 2004 2005 2006 Comments
-- -
N/A
TOTAL $0 $0 $0 $0 $0 $0 $0
Totals for Capital Improvements: $620,000 $420,000 $200,000 $0 $0 $0 $0 $0
Totals for Management Programs: $1,500 $1,500 $0 $0 $0 $0 $0 $0
Totals for Management Studies: $0 $0 $0 $0 $0 $0 $0 $0
Grand Totals: $621,500 $421,500 $200,000 $0 $0 $0 $0 $0
TABLE V-3
WSB PROJECT NO. 1187.00 SECTION V
SECTION VI
•
VI.
IMPACT ON LOCAL UNIT OF GOVERNMENT
As required by Minnesota Rules, Part 8410.0110, this section outlines the impact
implementation of this watershed management plan will have on local governmental units,
regulatory programs, other water. resource-related programs, studies, and capital
improvements. The financial impact of implementing this watershed management plan on
local units of government is also discussed in this section.
A. REGULATORY PROGRAMS
The implementation of the Richfield-Bloomington Watershed Management Plan
(RBWMO) requires the adoption of several regulatory programs by the member
cities. The regulatory programs which the RBWMO will require from member cities
are as follows:
1. Adoption of shoreland ordinances in compliance with the Minnesota
Department of Natural Resources (MDNR).
2.. Adoption of erosion sedimentation control policies in compliance with those
established by the Hennepin Conservation District, the MPCA Best
Management Practices and the policies established in Section III of this
plan.
•
3. Adoption and approval of a wetland classification system in conformance with
Section III of this plan
4. Adoption and approval of a stormwater system maintenance plan which
meets or exceeds the requirements as spelled out in Section III and
Appendix C.
5. Development and adoption of an approved Water Resources Management
Plan.
6.
7.
8.
9.
10.
WSB PROJECT NO. 1187.00
Acceptance of the local government unit role in the implementation of the
1991 Wetland Conservation Act.
Development and adoption of a well head protection program.
Require major stormwater storage facilities to accommodate a critical
duration event with a 1 % chance of occurrence
Require new storm sewer systems to accomodate discharge rates of a
critical duration event with a 10 % chance of occurrence
Pretreatment of stormwater runoff to the Nationwide Urban Runoff Program
(NURP) recommendations or MPCA guidelines in the design ' and
SECTION VI -1
SECTION VI
construction of new or modifications to existing stormwater conveyance
systems wherever possible and feasible.
11. Placement of skimmers in the construction of new pond outlets and addition
to the existing system whenever feasible and practical.
12. Development of a program aimed at fostering responsible water quality
management practices by residents.
Table VIA shows the current status of member city regulatory programs for conformance -
with requirements as established in this Watershed Management Plan.
•
s
WSB PROJECT NO. 1187.00 SECTION VI - 2
SECTION VI
• TABLE VI
1
-
STATUS OF LOCAL MUNICIPAL REGULATO RY PROGRAMS
Regulatory Program Bloomington
Adoption of Shoreland Ordinances in compliance with the DNR No
(Pending approval)
Adoption of Erosion and Sedimentation Control policies in compliance with those Yes
established by the Hennepin Conservation District and the MPCA Best
Management Practices
Acceptance of the LGU role in the implementation of the 1991 Wetland Yes
Conservation Act
Adoption and approval of a Wetland Classification System Yes
Development and approval of a Stormwater System Maintenance Plan Yes
Development and adoption of an approved Water Resources Management Plan No
Development and adoption of a Wellhead Protection Plan No
(Pending approval)
Require major stormwater storage facilities to accommodate a critical duration Yes
event with a 1 % chance of occurrence
Require new storm sewer systems to accommodate discharge rates of a critical Yes
duration event with a 10 % chance of occurrence
Pretreatment of stormwater runoff to the Nationwide Urban Runoff Program Yes
(NURP) recommendations in the design and construction of new or modifications
to existing stormwater conveyance systems
Placement of skimmers in the construction of new pond outlets and addition to the Yes
existing system whenever feasible and practical
Development of a program aimed at fostering responsible water quality Yes
management practices by residents.
0
Richfield
No
Yes
Yes
Yes
Yes
No
No i
Yes
Yes
Yes
Yes
Yes
WSB PROJECT NO. 1187.00 SECTION VI - 3
SECTION VI
• B. CAPITAL IMPROVEMENT PROGRAM
Table V-1 in Section V lists capital improvement programs which the RBWMO proposes
to undertake between 2000 and the year 2006. The primary source of funding to
implement these capital improvements is the member cities. The RBWMO defers the lead
role in undertaking these projects to member cities.
The RBWMO role in the implementation of the capital improvements, programs, and
studies will be limited to that of securing and allocating grant funding, as well as
overseeing projects which may impact more than one local city in the Watershed -
Management Organization.
C. WATER RESOURCES RELATED PROGRAMS
Section V, Table V-2, outlines anticipated water resource-related programs which the
RBWMO will implement between 2000 and the year 2006. The cost associated with
implementing these programs is estimated at $1,500.
D. WATER RESOURCE MANAGEMENT STUDIES
The RBWMO does not anticipate undertaking any water resource management studies
at this time; therefore, Section V, Table V-3, is currently empty. The WMO will undertake
studies at the request of the local cities.
•
is
WSB PROJECT NO. 1187.00 SECTION VI - 4
SECTION VII
• VII. AMENDMENT PROCEDURES
It is the intention of the Richfield-Bloomington Watershed Management Organization
(RBWMO) to have this water management plan reviewed and approved by the Board of
Water and Soil Resources (BWSR). Once approved, no significant changes to this plan can
be facilitated without the approval of the proposed revisions by the BWSR. Significant
changes to the RBWMO plan shall be made known to the following parties:
1. The Cities of Richfield and Bloomington.
2. The Metropolitan Council.
2. RBWMO Board.
4. Minnesota Board of Water and Soil Resources and all review Agencies as set forth
in Minnesota Rules, Chapter 8410.
5. A public meeting must be held to explain the amendments and publish a legal notice
of this public meeting twice at least seven (7) days and 14 days prior to the date of
the public meeting.
Following notification of the above parties, they shall have 45 days to comment on the
proposed revisions. Failure to respond within 45 days constitutes approval.
Minor changes to the plan shall be defined as recodification of the plan, revision of a
procedure meant to streamline administration of the plan, clarification of the intent of a
policy, the inclusion of additional data not requiring interpretation, or any other action that
will not adversely affect the member cities or diminish the RBWMO's ability to achieve the
plan goals or implementation program. Adjustment to subwatershed boundaries will be
considered minor changes, provided that the change will have no significant impact on the
rate or quality in which stormwater runoff is discharged from the WMO boundaries. Minor
changes to this plan can be made by the RBWMO Board with the above-noted public
notification process. This plan will be in effect through December 2006 unless significant
changes to the plan are deemed necessary prior to that date.
•
WSB PROJECT NO. 1187.00 SECTION VII -1
SECTION VIII
VIII. REFERENCES/SUPPLEMENTAL DOCUMENTS
The following documents are incorporated into this plan by. These documents are available
from the RBWMO or member cities.
1. Barr Engineering. 1995. Wellhead Protection Area Delineation.
2. Barr Engineering. 1983. Stormwater Management Plan - Normandale Center Area.
3. City of Bloomington. City of Bloomington Comprehensive Plan.
4. City of Bloomington. 1999. 1999 Storm Water Monitoring Results.
5. City of Bloomington. 1998. 1998 Storm Water Monitoring Results.
6. City of Bloomington. 1997. Wetland Protection and Management Plan.
7. City of Bloomington. 1997. 1997 Storm Water Monitoring Results.
8. City of Bloomington. 1988. Property Damage and Flood Elevation Comparisons.
9. City of Richfield. 1988. Hydraulic Analysis of Selected Areas within the City of Richfield.
10. Federal Emergency Management Agency. 1981. Flood Insurance Rate Maps.
11. Federal Emergency Management Agency. 1981. Flood Insurance Study.
12. Hennepin County. 1994. Draft Hennepin County Groundwater Plan.
13. Hennepin Conservation District. 1989.. Erosion and Sediment Control Manual.
14. Jones Environmental Consulting Service. 1977. City of Bloomington Wetland Survey.
15. Lower Minnesota River Watershed District. 1999. Lower Minnesota River Watershed
District Plan.
16. Minnesota Board of Water and Soil Resources. Minnesota Rules Chapter 8420.
Wetland Conservation Act Rules.
17. Minnesota Board of Water and Soil Resources. Minnesota Rules Chapter 8410.
Metropolitan Area Local Water Management.
18. Metropolitan Council. 1996. Water Resources Management.
19. Metropolitan Council. 1992. Interim Strategy to Reduce Nonpoint Source Pollution to All
Metropolitan. Water Bodies.
20. Minnesota Department of Natural Resources. Local Water Planning and Environmental
Review Program Summary.
WSB PROJECT NO. 1187.00 Section Vill -1
SECTION Vill
21. Minnesota Department of Natural Resources. 1999. DNR Water Appropriations
Permits.
22. Minnesota Department of Natural Resources. 1998. Mississippi River Guide.
23. Minnesota Department of Natural Resources. 1998. Twin Cities Water Recreation.
24. Minnesota Department of Natural Resources. 1990-94. Aquifer Summaries for water
year 1990-1994.
25. Minnesota Department of Natural Resources. 1989.- Protecting Water Quality in Urban
Areas.
26. Minnesota Department of Natural Resources - Natural Heritage Database report for City
of Bloomington.
27. Minnesota Geological Survey. 1989. Hennepin County Geologic Atlas.
28. Minnesota Historical Society. 1999. Geographical search of archeological inventory.
29. Minnesota Pollution Control Agency. 1999. List of pollutant sources within the City of
Bloomington and Richfield.
30. Nine Mile Creek Watershed District. 1996. Nine Mile Creek Watershed District Plan.
31. Soil Conservation Service. 1974. Hennepin County Soil Survey.
32. Summit Envirosolutions. 1998. Technical Memorandum of Groundwater Conditions and
Potential Wellfield Expansion.
33. TKDA. 1988. Smith's Pond-Wright's Lake Drainage Study.
34. US Environmental Protection Agency/Minnesota Pollution Control Agency. 1999.
STORET Database
35. US Weather Bureau. Technical Paper 40
•
WSB PROJECT NO. 1187.00 Section VIII - 2
SECTION IX
•
IX. GLOSSARY
1% CHANCE RAINFALL
EVENT
ALLUVIUM
AQUIFER
A rainfall event that has a 1 % chance of being equaled or
exceeded during any given year.
Material, such as sand, silt, or clay, deposited on land by streams.
A formation, group of formations, or part of a formation that contains
enough saturated permeable material to yield significant quantities
of water.
ARTESIAN AQUIFER An aquifer which is bounded above and below by formations of
impermeable material or relatively impermeable material.
BEDROCK The solid rock that underlies the soil and other unconsolidated
material or that is exposed at the surface.
CONVEYANCE SYSTEM A surface water transport system that may include rivers, streams,
man-made channels, grass waterways, storm water sewers,
culverts, and other man-made control structures.
CRITICAL EVENT STORM When comparing the 100-year, 24-hour high water level and
discharge rate to the 100-year, 10-day high water level and
discharge rate, the event that produces the highest high water level
and discharge rate is defined as the critical event storm.
DRIFT (GLACIAL) Rock material transported by glacial ice or material deposited by
streams from glaciers.
EUTROPHIC A condition where a body of water has reduced level of dissolved
oxygen producing an increased level of plant life. A water body with
a Trophic State Index from 51 to 70.
FLOOD PLAIN
GEOMORPHOLOGY
HWL
HYDRAULIC
A nearly level alluvial plain that borders a river or stream and is
subject to flooding unless protected artificially.
The geologic study of the configuration and evolution of land forms.
High Water Level. The highest water level achieved in a pond is
predicted by the 100-year critical event model.
Involving, moved, or operated by a fluid, especially water, under
pressure.
9 HYDROLOGIC BOUNDARY The boundary defining watershed or subwatershed units.
WSB Project No. 1187.00
Section IX - Page 1
SECTION IX
HYDROLOGY The science concerned with waters of the earth, their occurrence,
distribution, and circulation; their physical and chemical properties;
and their reaction to the environment.
LOCAL CITY The member communities of Richfield and Bloomington.
MEAN Average. The sum of the magnitudes of all items of a set, divided by
the items.
NWL Normal Water Level The lowest controlling elevation of the pond.
100-YEAR FLOOD PLAIN That flood plain associated with a storm that has a 1 percent chance
of being equaled or exceeded during any.year (100-year recurrence
interval). Usually calculated assuming a rainfall event of 24 hours in
duration.
ORDINARY HIGH WATER The boundary of protected waters as defined in Minnesota Statutes.
MARK (OHWM)
OUTWASH Stratified sand and gravel produced by glaciers and carried, sorted,
and deposited by glacial melt water.
OUTWASH PLAIN A land form of mainly sandy or coarse textured material of
glaciofluvial origin. An outwash plain is commonly smooth; where
pitted, it is generally low in relief.
PERMEABILITY A characteristic of soil that enables water to move downward
through the profile. Measured in inches per hour.
PROTECTED WATERS Those waters of the state identified as Public Waters or Wetlands
AND WETLANDS under Minnesota Statutes. Generally, all lakes and Type III, IV, and
V wetlands as identified in the Department of Interior Circular 39,
Wetlands of the United States, 1971. Public wetlands are generally
those 10 or more acres in size in unincorporated areas, or 2.5 or
more acres in size in incorporated areas.
SOIL ASSOCIATION A group of soils geographically associated in a characteristic
repeating pattern defined and delineated as a single map unit.
SUBWATERSHED A minor drainage unit and a hydrologic component of a watershed.
SURFICIAL MATERIAL Unconsolidated deposits of variable content and texture that overlie
the bedrock surface. Major textural categories include alluvium,
terraced sands and gravels, loess, till and outwash.
WSB Project No. 1187.00 Section IX - Page 2
SECTION IX
WATER RESOURCE '
LIBRARY A compilation of information from various agencies used in the
preparation of the Surface Water Management Plan. This library is
available at Public Works.
WATERSHED All lands which are enclosed by a continuous hydrologic drainage
divide and lie upslope from a specified outlet point. _
•
•
WSB Project No. 1187.00 Section IX - Page 3
@ Map available in Public Works
9
MAR-20-2000 1435 C I Ty OF BLOOM I NGTON
•
•
A&dk&&,Fa
q; on
Ins a ht For more information, c"ot the oat Washington office at 202-393-2792
t? V ? ?? ?Y t V r Thousands of Small
Local Governments
Phase II Rules Issued To Be Regulated
BY SfEY8111VB; 06801eN.
AMA WAMMQU N 0M(X
Marc than 5,0W U.S. I" govesnowaes ?.. :) 431,y not
tegulawd by federal stormwareridies now will be mgwt d to
impiczent NWIM-permiaed stomewater mkt pru-
gnata under "phase IP' sales issued by the U.S.
Envirmmehad Ptotestitta AWKY No saber 1.1999.
'Ise rules nepnesaae a hugely udandod fedud Mandate
with wbieb public words agencies uhkmtdy will be reapm.
sable for complying.
Local government grumps, tadudmg APWA, have
warted for several yeam to cowmtmicate o nww to federal
ofrwals about the high coats of complyms with atnmwater
1CF401loaS AM the need for less pmwdpdve uu darde. That
wofk succeeded on a few impotm fronts: aonetbeleea, the
now rules will mgatm sttb mial new ai$art from dwouods
of awficr local goverameets nownwidc.
WDES aukewb ewaxle
Ax proposed in 1998. the swmmwu w phase 11 raVulariaos
will Squire ciders. Counties, "Pont woondes and otber
ous of local govamtnent with mnwidpd sepassm MM
sewer system W$4s) located is artommud areas to design,
Baaoee and tmplemeat a comp that- awmwaoer quality
mameweat pwtmm. Each caused kcal tovemm w mwt
obaaia a Ckaa water Act NPDES pM* for im stormwaaa
program fire tiro seats or regional feudatory authority.
"Lhtanized arms" at defined by the U.S. Comm Ban= to
contain a cumaladve population of 50.000 or mace and a min-
imam average popddahou density of IND people per square
hnile. Coverage under the rules will be deteeained by the
2000 Ccosus.
sodas small Iced gova'nmmms not k cased in wbanized
wow will be tsgAW to coa*y with the ruks bowed on tbea
state's regulatory program and local waver quality coalitions.
Star namporraoo depatt wv" and some t5WcW facilities
also tier Coveetd Cities and counties wbose poputadons
=coed 100,000 &Wmdy are aRnired w comply with flat U.S.
zPA s 'pfim r starmwam ruin, issued in 1990.
Addt"Qy, through the phase II nales. EPA boa
iowend the threshold from five acres to o0
we fat conbanodoe w4vid= that require
NPM nxmww pertaim Mda ngnb%-
mmt applies to Municipal onadatdtrctioa pro.
Jscts as well as pnvm p9gwc% regardless
of whether the fowl govessawnt holds a per-
4 APWA REPORTER
out Jac a, tmtoi*d mormwata program under phase 1 or
phase n of the r egoiedws.
1.(wW Sovemments abject a die phWC 11 requirements
for W,4s must obtain NDPES permits by February 2002;
these primatlly Will be available via Aakwids $ wed P=tts
for wbich maoi*WidM WM sebtnit an application. Cr
"Notice of Intent" 3=r stam+ may aft ad Alternative
approach w the NPMS permit subject t0 CCrCdn EPA
tequirtaae m 11c new ow acre ihtteshoid for cowwxtioa
projects also Wm effect isFebruwy M. states may cbmw
to nnplementit earlim
A Salt regotrtd step in developing the aunic4 al
stormwam prw= is to produce a fop of the atorse sewer
tyaiam.
'the cotomtane of the phase 11 municipal stormwator
program reviations is eamplisow with a act of sits "mini-
natm Control massass," w Bich primarily target pollution Pro-
veatim activities- These ngti:t::a,raa m w be fieMW by
t oar oat or vL approved best wanagaaneat pear-
tices (BUft for eaeb category, as oath and in the moakcipal-
ity's NDPFS permit
The der; n*dMnm measures an
• public education and oWn=h on soormwater
tmparts,
paretic involvatatatrlpaaticipatiun
• illicit discharge duration add elimiass'son,
• construction site stormwaterfmoff Control.
• post-Carat ation atormwater management its new
developmeat sad redevelopment and
• pollution Fe-Mon/sow ho=ekcgwg (of IDan1Ci
psi opemaoos.
AMA ndvocmtt s
Representatives of APWA and wins local goverwom
pours advocated for the mitnmuat meruaos•BMP approach
to the Hiles, as opposed to an approach relying cc end.of-pipe
tatmeria pollw at cmtcna. A aanedc appcaacb in many saes
would bave resubed in the need for expensive, new n*3k
sapC<= m actively treat auxmwater a wolf at the point of
discharge. (See sidebar mpWM Arizona permits-)
Another public works concurs =W doting regulatory
negotiations was whether EPA would regulate the Bow -I-
nge. or quandly of stortttwaeer discharges in addition to
addressing water quality. A regulation aimed at controlliag
flow vohrme would affect zoning and developraeot damsons,
inisyosatg on wbat APWA has affi med as brad governo-ts'
cote authwty over local land use deelsbes. While the fond
utterer It rim doom regulate flow directly. local *ovecm=ts
wM be reused to anplemcnt praaica to reduce runoff from
grow development and mdavelopwent
D=g aegowaoaa. APWA wau ably mcpmaeamed on
EPA s am aware phase U isdazat advisory -mime Erse by
Roger James, Orinda. Ca. and, submilucaely. by APWA
praideet-Bieet Judith Mathes: thndothaville. Vs Mm-
indivfduals, along with Doug Haarisoa. Resod, Ch.; Cbedea
Rack Tulsa, Olt: and way others vowmend conadess
hotel and caaaA&Aed invaluable expcnise m advaoate far the
mtarscm of the public wotd3 community.
TOTAL P-02
RICHFIELD-BLOOMINGTON
WATERSHED MANAGEMENT ORGANIZATION
1999 ANNUAL REPORT
s
Table of Contents
1. Financial Report
II. Activity Report (Subsections of this report are lettered to be consistent with Board of
Wat er and Soil Resources (BWSR) rules 8410.0150 to allow easy reference.)
A. Membership
B. Staff
C. 1999 Work Plan
D. 2000 Work Plan
E. Permits, Variances and Enforcement
F. Water Quality Monitoring
G. Local Plans
H. Information Program
L Solicitation for Interest for Consultant Services
J. Expenditures
K. Wetland Banking
0
FINANCIAL REPORT
The RBWMO has not expended or accrued funds during the fiscal year ending December 31,
1999. Therefore, no financial or audit reports are necessary. Richfield and Bloomington
budgeted and expended over $0.8 million and $2.7 million in their respective storm drainage
utilities in 1999 to manage and control stormwater.
II. ACTIVITY REPORT
A. MEMBERSHIP
Name
Steve Bianchi
Coral Houle, Vice-Chair
Martin Kirsch
Alisa (Heintzeman) Ornat
Peggy Ramthun
Susan Rosenberg
Suzanne Sandahl, Treasurer
Tom Spies
Kristal Stokes, Chair
Russ Susag
Vern Wilcox, Secretary
Gene Winstead
•
1999 Outaoina Members
Coral Houle Bloomington
Peggy Ramthun Bloomington
Tom Spies Bloomington
Rearesentinq
Bloomington
Bloomington
Richfield
Bloomington
Bloomington
Richfield
Richfield
Bloomington
Richfield
Richfield
Bloomington
Bloomington
2000 Incomina Members
Mike Fossum Bloomington
Heather Harden Bloomington
Steve Peterson Bloomington
Richfield members can be contacted at: Bloominaton members can be contacted at:
Richfield City Hall Bloomington City Hall
6700 Portland Avenue So. 2215 W. Old Shakopee Road
Richfield, MN 55423 Bloomington, MN 55431
Phone: 612-861-9700 Phone: 952-948-8700
B. STAFF
Executive Director: Michael Eastling
Richfield Director of Public Works
6700 Portland Avenue South
Richfield, MN 55423
Phone: 612-861-9792
s
Assistant Executive Director: Jim Gates
Bloomington Deputy Director of Public Works
2215 W. Old Shakopee Road
Bloomington, MN 55431
Phone: 952-948-8700
The City staffs for both cities cooperate to provide necessary staff support for the WMO.
C. 1999 WORK PLAN
Following 1991 Board of Water & Soil Resources (BWSR) approval of the RBWMO plan and
direction that the member cities administer the plan, the stormwater management plans of each
City were prepared for and incorporated into the City code of each municipality. Appropriate
elements of the plan are or will be incorporated in their respective Stormwater Management
Plans for each City. These plans will not be finalized until all the WMO's of which each City is a
member had their plans approved by BWSR. State law allows cities two years following the
approval of the last WMO Watershed District Plan within their boundary for each City to complete
their stormwater management plan. Richfield completed their City-wide stormwater management
plan and had it approved by the Richfield City Council on February 27, 1995. The City of
Bloomington is preparing their City-wide stormwater management plan. Bloomington has
received approval of a major component of their city-wide plan. That component is the Wetland
Protection and Management Plan. Bloomington has retained a consultant to complete the City
Stormwater Plan. The Bloomington Plan is scheduled to be completed in the fall of 2000.
Both cities have status as Local Government Units (LGU) from BWSR for the purpose of the
Wetland Conservation Act of 1991 implementation.
In addition to the regular review and permitting afforded the cities, both cities have stormwater
utilities which provide a reliable funding source for stormwater management activities.
The fee structure for both city's Stormwater Utility includes a water quality component as well as
a water quantity component. Rate control remains a requirement for Bloomington and Richfield
development. There is also an incentive for development to incorporate ponds into their design.
The rates for each component vary depending on land use. Bloomington reviewed the City Code
pertaining to the Stormwater Utility and implemented these revisions the second quarter of 1996
and was used throughout 1997 and 1998. Depending on the design of the pond and how it
works with the public infrastructure, there is the possibility of a 50% reduction in the stormwater
utility fee.
During 1997, the City of Bloomington completed the Bloomington Comprehensive Wetland
Management Plan. The plan has been approved by the appropriate review agencies. The plan
identifies, types and provides management criteria for each wetland in the City. Bloomington is
in the process of implementing the wetland management plan. The City of Richfield codified the
erosion control and stormwater management requirements of their stormwater plan in early 1998.
Discussions with the Minnehaha Creek Watershed District (MCWD), the City of Minneapolis, the
Board of Water and Soil Resources continued to finalize the petition to move the Richfield Lake
watershed from the MCWD to RBWMO. The petition for a watershed boundary is still pending.
The City of Richfield completed the dredging of Wood Lake in the winter/spring of 1999. The
project was designed to re-create the environmental features that attract a wider variety of
habitat than now present, as well as to provide for increased stormwater storage capacity. In
addition to achieving these goals, the project creates new treatment basins that will pre-treat
stormwater entering the Nature Center, remove sediment and storm that sediment in such a way
as to keep the main water body cleaner and make it easier to maintain in the future.
D. 2000 WORK PLAN
The City of Richfield has negotiated with the Minnesota Department of Transportation (MnDOT)
for the treatment of stormwater from the 1-35W project. A treatment pond adjacent to Richfield
Lake is to be completed as part of the 1-35W reconstruction project.
The City of Bloomington continues to work on the Comprehensive Stormwater Management Plan
of which the Wetland Management Plan being a large part. Staff is in the process of
implementing the educational component of the Plan. This includes educational brochures and
materials for schools.
Water quality monitoring will continue at a number of sites in the City of Bloomington and in the
City of Richfield. Analysis of the samples collected will be completed by the EPA certified
Bloomington Labs located at the City Water Treatment Plant or by a private lab for Richfield.
The City of Bloomington is implementing the study of the Smith Pond drainage basin completed
in August of 1998. This pond is a major component of the RBWMO drainage area. The project
includes provisions for water quality as well as enhancement to the pond and park amenities in
the adjacent area.
E. PERMITS, VARIANCES AND ENFORCEMENT
Bloomington had four actions pursuant to their status as an LGU for administration of the
Wetland Conservation Act (WCA). One Technical Evaluation Panel convened during 1999.
F. WATER QUALITY MONITORING
Bloomington and Richfield will continue to monitor stormwater quality in 2000 with in-house
sampling equipment. RBWMO agreed by resolution to cooperate with Met Council and the
Minnesota Pollution Control Agency in their efforts to meet their commitment to the EPA to
reduce non-point pollution to the Minnesota River. Both cities continue to work toward that goal.
G. LOCAL PLANS
Richfield's plan is complete and being
organizations. Bloomington's local plans
Watershed Management Plans for the
organizations in Bloomington.
reviewed by the affected watershed management
will be finalized upon approval of the remaining
watershed districts and watershed management
H. INFORMATION PROGRAM
A copy of the publication in the Bloomington and Richfield Sun is attached.
SOLICITATION FOR INTEREST FOR CONSULTANT SERVICES
No consultant services were used by the RBWMO in 1999.
EXPENDITURES
There were no RBWMO expenditures in 1999.
K. WETLAND BANKING
Richfield has started one wetland banking project. Bloomington had no wetland banking projects
in 1999.
PUBLIC NOTICE CONCERNING THE RICHFIELD-BLOOMINGTON
WATERSHED MANAGEMENT ORGANIZATION
The Richfield-Bloomington Watershed Management Organization (RBWMO) is a result of a joint
powers agreement between the cities of Richfield and Bloomington. The organization was
established to manage natural water drainage, retention, and stormwater management occurring in
approximately a 6.8 square mile, contiguous area that comprises portions of eastern Bloomington and
southeastern Richfield. A map of the area is shown below:
AVE.
PORTLAND
RICHFIELD-BLOOMINGTON
WATERSHED MANAGEMENT ORGANIZATION
o
ELLIOT AVE.
LEGAL BOUNDARY
There is a petition pending regarding the Richfield Lake drainage area becoming part of the RBWMO.
The intent of the organization is to address water drainage issues and stormwater management within
the watershed that are inter-governmental, rather than local (specific to one community or the other),
in scope. Goals of the organization include the following:
• Protecting, preserving, and using natural surface and groundwater storage and retention
systems;
• Minimizing public capital expenditures needed to correct flooding and water quality problems;
• Identifying and planning for opportunities to effectively protect and improve surface and
groundwater quality;
• Establishing more uniform local policies and official controls for surface and groundwater
management;
• Preventing erosion of soil into surface water systems;
• Protecting and enhancing fish and wildlife habitat and water recreational facilities; and
• Securing the other benefits associated with the proper management of surface and
groundwater within the Richfield-Bloomington Watershed.
The RBWMO meets at least once a year in the first 90 days of each year, at which time the Board
elects officers and conducts necessary business. The annual meeting is open to the public.
Commissioners of the RBWMO Board are all members of the Richfield and Bloomington City
Councils. Current members of the RBWMO Board are as follows: (note: list office(r)s for 2000)
Name Representinq
Steve Bianchi
Mike Fossum Bloomington
Bloomington
Heather Harden Bloomington
Martin Kirsch Richfield
Alisa Ornat Bloomington
Steve Peterson Bloomington
Susan Rosenberg Richfield
Suzanne Sandahl Richfield
Kristal Stokes Richfield
Russ Susag Richfield
Vern Wilcox Bloomington
Gene Winstead Bloomington
Michael Eastling, Director of Public Works for Richfield, is the current (2000) Executive Director of the
RBWMO. Jim Gates, Deputy Director of Public Works for Bloomington, is the 2000 Assistant
Executive Director.
The RBWMO has no direct expenses. Each city budgets.and expends funds in their respective storm
drainage utilities to cover costs associated with watershed stormwater management.
The RBWMO's Watershed Management Plan was approved by the Board of Water and Soil
Resources (BWSR) in 1991. Since the plan has been approved by the RBWMO Board of
Commissioners, the Plan will remain effective through 2000. The plan discusses the physical
environment, land use and development in the RBWMO area; discusses geologic and hydrologic
features of the watershed district; sets forth a management plan for the district, including the water
qualities that will be sought and opportunities for improvement; describes the objectives and policies
of the RBWMO; and sets forth an implementation program consistent with the management plan.
Both cities serve as the Local Government Unit in their respective communities for enforcement of the
regulations of the State Wetland Conservation Act.
Richfield completed their City-wide stormwater management plan and had it approved by the Richfield
City Council in February of 1995. The City of Bloomington is working toward the completion of their
stormwater management plan.
Both cities have implemented water quality monitoring programs. This information will be used in
conjunction with the federal National Pollutant Discharge Elimination System (NPDES) compliance.
Richfield's petition for a Richfield Lake boundary change is still pending.
Richfield and Bloomington residents can obtain additional information about the RBWMO, view the
Watershed Management Plan, and/or contact their RBWMO commissioner by calling their city halls.
Addresses and phone numbers for both locations are listed below:
Richfield City Hall
6700 Portland Avenue South
Richfield, MN 55423
612-861-9700
Bloomington City Hall
2215 W. Old Shakopee Road
Bloomington, MN 55431
952-948-8700
For publication in the Richfield Sun-Current April 12, 2000
For publication in the Bloomington Sun-Current April 12, 2000