092215CompleteAgenda SPECIAL CONCURRENT CITY COUNCIL, HOUSING AND REDEVELOPMENT AUTHORITY AND PLANNING
COMMISSION WORKSESSION
RICHFIELD MUNICIPAL CENTER, BARTHOLOMEW ROOM
SEPTEMBER 22, 2015
6:00 PM
Call to order
1. Discussion regarding Cedar Corridor Redevelopment Proposals(Council Memo No.84/HRA Memo No.
32)
Adjournment
Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at
least 96 hours in advance to the City Clerk at 612-861-9738.
REGULAR CITY COUNCIL MEETING
RICHFIELD MUNICIPAL CENTER, COUNCIL CHAMBERS
SEPTEMBER 22, 2015
7:00 PM
INTRODUCTORY PROCEEDINGS
Call to order
Open forum(15 minutes maximum)
Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments
are to be an opportunity to address the Council on items not on the agenda.Individuals who wish to address
the Council must have registered prior to the meeting.
Pledge of Allegiance
Approval of the minutes of the (1)Special City Council Worksession of September 8,2015 and (2)Regular City Council
Meeting of September 8,2015.
COUNCIL DISCUSSION
1. Hats Off to Hometown Hits
AGENDA APPROVAL
2. Approval of the agenda.
3. Consent Calendar contains several separate items,which are acted upon by the City Council in one
motion.Once the Consent Calendar has been approved,the individual items and recommended
actions have also been approved.No further Council action on these items is necessary.However,any
Council Member may request that an item be removed from the Consent Calendar and placed on the
regular agenda for Council discussion and action.All items listed on the Consent Calendar are
recommended for approval.
A. Consideration of the approval of a Right-of-Entry Agreement between Mesaba Capital Development, LLC
and the City Council and the Richfield Housing and Redevelopment Authority relating to the proposed
development of the former City public works site.
Staff Report No. 144
B. Consideration of the approval of a Temporary On Sale Intoxicating Liquor license for the Richfield
Foundation's Wine and Cheese event to take place on Thursday,October 8,2015, in the atrium area
of Houlihan's Restaurant and Bar, located at 6601 Lyndale Ave South.
Staff Report No. 145
C. Consideration of the approval of an annual request for a Temporary On Sale Intoxicating Liquor license for
the Church of St. Peter, located at 6730 Nicollet Avenue South,for their OktoberFest event to take place on
Friday,October 2,2015,and Saturday,October 3,2015.
Staff Report No. 146
D. Consideration of the approval of the second amendment to the Site Lease Agreement at 6355 Penn
Avenue between the City of Richfield and Sprint Spectrum Realty Company, LP (successor in interest to
Sprint Spectrum LP)to a modification in cellular telephone antenna facilities.
Staff Report No. 147
E. Consideration of the approval of setting a public hearing to be held on October 27,2015,for the
consideration of the issuance of new On-Sale Wine and 3.2 Percent Malt Liquor licenses for Minnesota
Junior Hockey Group, LLC,d/b/a Minnesota Magicians, located at the Richfield Ice Arena,636 East 66th
Street.
Staff Report No. 148
F. Consideration of the approval of a resolution certifying delinquent water,sanitary sewer,and storm water
charges to the Hennepin County Auditor.
Staff Report No. 149
4. Consideration of items, if any, removed from Consent Calendar
PROPOSED ORDINANCES
5. Consideration of the second reading of an ordinance that amends the City's tobacco ordinance and a Resolution
of Summary Publication.
Staff Report No. 150
6. Consideration of the second reading of an update to ordinances 428 and 429 related to construction site runoff
control and post-construction stormwater management and a resolution authorizing summary publication.
Staff Report No. 151
CITY MANAGER'S REPORT
7. City Manager's Report
CLAIMS AND PAYROLLS
8. Claims and payrolls
Open forum(15 minutes ma)imum)
Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments
are to be an opportunity to address the Council on items not on the agenda.Individuals who wish to address
the Council must have registered prior to the meeting.
9. Adjournment
Auxiliary aids for individuals with disabilities are available upon request.Requests must be made at least 96
hours in advance to the City Clerk at 612-861-9738.
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
September 17, 2015
Council Memorandum No. 84 HRA Memorandum No. 32
Housing and Redevelopment
The Honorable Mayor Authority Commissioners
and City of Richfield
Members of the City Council
Subject: Cedar Corridor Redevelopment Proposals Discussion
(Worksesson Agenda Item No. 1)
Council Members and Commissioners:
At the September 22, 2015 joint Worksession of the City Council. Housing and
Redevelopment Authority and Planning Commission, two developers will be presenting
separate proposals for developments within the Cedar Corridor Redevelopment District.
Anderson Companies will be presenting a preliminary proposal for a multi-family
housing development south of 66th Street between 17th and Cedar Avenues
(encompassing the new Richfield Parkway).
Interstate Partners will be presenting several concept plans for development of six
parcels located at the southwest corner of the roundabout at 66th Street and Richfield
Parkway.
Please see the attached map for location reference.
R e s mitte ,
t . Dev h
it anager
SLD:kcb
Attachments
Email:Assistant City Manager
Department Directors
Planning Commission
Godar Point South Proposals
,
.1
, F q,�
Dh
r4
a.
rn
x
Interstate Partners Site Anderson Companies Site
' . Ah . • • •
}�k!F W� "7' x.tim
CAW
„
I-VF_
• s
' 63
l Y M
It
4
All
4C— .� j �, •1, ' ,I= (�
P f x,:� �, .r• � 7 �4. ._ ° �*"N fir.
A�M1 r
r
v
r
a _
°C
Anderson Companies Proposal Site
.fir.,. ..sS•..» >��,..�:� . ..
400
all
G.
d
I
s
-�s
4.
' 7K
tit
111111YYYMMM�.���rmme
_ i+
;.
Gp.
7�r.
h'
uu a'
CITY COUNCIL MINUTES
Richfield, Minnesota
�✓ J Special City Council Worksession
September 8, 2015
CALL TO ORDER
The meeting was called to order by Mayor Goettel at 6:15 p.m. in the Bartholomew Room.
Council Members Debbie Goettel, Mayor; Pat Elliott; Edwina Garcia; Tom Fitzhenry; and
Present: Michael Howard
Staff Present: Pam Dmytrenko, Acting City Manager/HR Manager; Jay Henthorne, Public
Safety Director/Police Chief; Mike Koob, Deputy Public Safety
Director/Deputy Police Chief; and Elizabeth VanHoose, City Clerk.
Item #1 HUMAN RIGHTS COMMISSION PRESENTATION REGARDING COMMISSION
DIVERSITY AND NATURALIZATION CEREMONY (COUNCIL MEMO NO. 82)
Mark Westergaard, Chair of the Human Rights Commission, and Debbie Eng, Vice Chair of
the Human Rights Commission, discussed holding a Naturalization Ceremony here at City Hall
sometime in 2016, naturalizing maybe 40-50 citizens.
Mayor Goettel along with council members think the ceremony is a great idea.
Council Member Howard stated he's attended a Naturalization Ceremony and it was a
powerful experience.
Chair Westergaard and Vice Chair Eng presented the 2015 Richfield Human Rights
Commission report.
Chair Westergaard and Vice Chair Eng also presented the Community Conversation
document.
Key points of conversation:
• The need to have better diversity on our boards and commissions.
• Ideas for improving the commission recruitment and interview process.
• Discussion of possible changes to the City's website and use of translation services or
tools.
• Outreach to the community through churches, social media and other media outlets
(e.g. Latino radio station.)
Council Member Garcia questioned if the Human Rights Commission (HRC) and Police
Multicultural Advisory Committee (PMAC) work together.
Public Safety Director Henthorne stated they didn't at this time.
Chair Westergaard stated that the HRC would be attending the next PMAC meeting.
There was general discussion of the key points amongst the Council.
The HRC report will be posted to the City's website.
Special Worksession Minutes -2- September 8, 2015
Item #2 DISCUSSION REGARDING A PAID PARENTAL LEAVE POLICY (COUNCIL MEMO
NO. 80)
Council Member Howard summarized Council Memo No. 80 on the need for a paid parental
leave policy for City employees.
Council Member Howard stated this is important to stay ahead of the curve and sends a
message to staff that family is important.
Mayor Goettel stated that to be competitive with other cities is sometimes in the benefits. How
will we pay for this policy?
Acting City Manager/HR Manager Dmytrenko explained the current draft of the policy. She
described how the policy would work and potential costs of the new benefit and might be
implemented amongst the group.
Council was supportive of the draft benefits and directed staff to proceed with the policy.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 6:58 p.m.
Date Approved: September 22, 2015
Debbie Goettel
Mayor
Elizabeth VanHoose Pam Dmytrenko
City Clerk Acting City Manager
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
September 8, 2015
CALL TO ORDER
The meeting was called to order by Mayor Goettel at 7:00 p.m. in the Council Chambers.
Council Members Debbie Goettel, Mayor; Pat Elliott; Edwina Garcia; Tom Fitzhenry; and
Present: Michael Howard
Staff Present: Steven L. Devich, City Manager; Jay Henthorne, Public Safety Director;
John Stark, Community Development Director; Jim Topitzhofer, Recreation
Services Director; Chris Regis, Finance Manager; Pam Dmytrenko,
Assistant City Manager; Mary Tietjen, City Attorney; and Elizabeth
VanHoose, City Clerk.
OPEN FORUM
None.
PLEDGE OF ALLEGIANCE
Mayor Goettel led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Goettel; S/Howard to approve the minutes of the (1) Special City Council Worksession of
August 11, 2015; (2) Special Concurrent City Council, HRA and Planning Commission
Worksession of August 11, 2015; (3) Regular City Council Meeting of August 11, 2015; and (4)
Special City Council Meeting of August 24, 2015.
Motion carried 5-0.
Item #1 COUNCIL DISCUSSION
• Hats Off to Hometown Hits
Council Member Elliott reminded staff of upcoming PennFest and asked people to volunteer
for the event on September 20, 2015.
Council Member Garcia urged residents to keep up their yards and if you have issues with
your neighborhood to let the City know.
Council Meeting Minutes -2- September 8,2015
Council Member Howard referred to the great study session with the Human Rights
Commission and encouraged citizens to be involved on commissions.
Council Member Fitzhenry stated there was an awesome news story about the Richfield
Fire Department. He commended City staff and stated that Richfield does it right.
Mayor Goettel reminded citizens that kids are back in school and to be watchful of kids. She
stated she was impressed with the City Facebook page on having current information about the
new water tower and happy it will display the new City logo.
Item #2 COUNCIL APPROVAL OF AGENDA
M/Howard, S/Fitzhenry to approve the agenda.
Motion carried 5-0.
Item #3 COUNCIL APPROVAL OF AGENDA
A. Consideration of the approval of the second reading of an ordinance amending the City's
Zoning Code and a resolution approving summary publication of said ordinance. The
proposed ordinance would clarify regulations related to accessory dwelling units. Staff
Report No. 126
BILL NO. 2015-9
AN ORDINANCE AMENDING THE RICHFIELD CITY CODE TO
CLARIFY REGULATIONS RELATED TO ACCESSORY DWELLING UNITS
This constitutes the second reading of Bill No. 2015-9, amending the City's Zoning Code to
clarify regulations related to accessory dwelling units, that it be published in the official
newspaper, and that it be made part of these minutes.
RESOLUTION NO. 11101
RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDING
ACCESSORY DWELLING UNIT REGULATIONS
This resolution appears as Resolution No. 11101.
B. Consideration of a the approval of a resolution authorizing the City of Richfield to enter into
a Local Road Improvement Program General Fund Predesign or Design Grant Agreement
with the Minnesota Department of Transportation for$2,146,842 to be used for the design
of the 77th Street Extension and Crossing of Trunk Highway 77. Staff Report No. 127
RESOLUTION NO. 11102
RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ENTER INTO A LOCAL ROAD
IMPROVEMENT PROGRAM (LRIP) GENERAL FUND PREDESIGN OR DESIGN GRANT
AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR
$2,146,842 TO BE USED FOR THE DESIGN OF THE 77TH STREET EXTENSION AND
CROSSING OF TRUNK HIGHWAY 77
This resolution appears as Resolution No. 11102.
Council Meeting Minutes -3- September 8,2015
C. Consideration of the approval of the resolution declaring costs to be assessed for removal
of diseased trees from private property for work ordered in 2014 and scheduling a public
hearing for October 13, 2015. Staff Report No. 128
RESOLUTION NO. 11103
RESOLUTION DECLARING COSTS TO BE ASSESSED AND
ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR
REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY
FOR THE PERIOD OF JANUARY 1, 2014 TO DECEMBER 31, 2014
This resolution appears as Resolution No. 11103.
D. Consideration of the approval of the resolutions pertaining to the annual 77th Street
maintenance district assessment process and scheduling a public hearing for October 13,
2015. Staff Report No. 129
RESOLUTION NO. 11104
RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF
PROPOSED ASSESSMENT FOR 77TH STREET MAINTENANCE FOR THE PERIOD
JANUARY 1, 2014 THROUGH DECEMBER 31, 2014
This resolution appears as Resolution No. 11104.
RESOLUTION NO. 11105
RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS OF CURRENT
SERVICES PROVIDED WITHIN THE 77TH STREET PROJECT AREA FOR THE PERIOD
JANUARY 1, 2016 THROUGH DECEMBER 31, 2016
This resolution appears as Resolution No. 11105.
E. Consideration of the approval of the resolutions pertaining to the annual
Lyndale/HUB/Nicollet (LHN) maintenance assessment process and scheduling a public
hearing for October 13, 2015. Staff Report No. 130
RESOLUTION NO. 11106
RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF
PROPOSED ASSESSMENT FOR LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE
FOR THE PERIOD JANUARY 1, 2014 THROUGH DECEMBER 31, 2014
This resolution appears as Resolution No. 11106.
RESOLUTION NO. 11107
RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS OF CURRENT
SERVICES PROVIDED WITHIN THE LYNDALE/HUB/NICOLLET (LHN) PROJECT AREA
FOR THE PERIOD JANUARY 1, 2016 THROUGH DECEMBER 31, 2016
This resolution appears as Resolution No. 11107.
Council Meeting Minutes -4- September 8,2015
F. Consideration of the approval of the first reading of an update to ordinances 428 and 429
related to construction site runoff control and post-construction stormwater management
and schedule second reading for September 22, 2015. Staff Report No. 131
G. Consideration of the approval of the following relating to the 66th Street Storm Water
Project:
1. Adopt the resolution authorizing City staff to incur cost for construction.
2. Approve the hiring WSB &Associates, Inc. to perform Engineering Services for the
66th Street Storm Water Project for a fee not to exceed $197,843.00. Staff Report
No. 132
RESOLUTION NO. 11108
RESOLUTION DECLARING THE OFFICIAL INTENT OF THE CITY OF RICHFIELD TO
REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE
ISSUED BY THE CITY WITH RESPECT TO MONROE PARK STORMWATER PROJECT
This resolution appears as Resolution No. 11108.
H. Consideration of the approval of a resolution authorizing the refunding of the $6,080,000
G.O. Water& Sewer Revenue Bonds, Series 2006A, dated May 18, 2006 and the
$2,500,000 G.O. Storm Sewer Bonds, Series 2006B, dated December 21, 2006 with the
$5,695,000 G.O. Refunding Bonds, Series 20158. Staff Report No. 133
RESOLUTION NO. 11109
RESOLUTION PROVIDING FOR THE SALE OF $5,695,000 GENERAL OBLIGATION
REFUNDING BONDS, SERIES 2015B
This resolution appears as Resolution No. 11109.
I. Consideration of the approval of a resolution declaring costs to be assessed for unpaid
false alarm user fees against private property. Staff Report No. 134
RESOLUTION NO. 11110
RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF
PROPOSED ASSESSMENT FOR UNPAID FALSE ALARM FEES
FROM PROVATE PROPERTY
This resolution appears as Resolution No. 11110.
J. Consideration of the approval of a resolution declaring costs to be assessed for current
services performed for weed elimination from private property and removal or elimination of
public health or safety hazards from private property. Staff Report No. 135
RESOLUTION NO. 11111
RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF
PROPOSED ASSESSMENT FOR WEED ELIMINATION FROM PROVATE PROPERTY
AND REMOVAL OR ELIMINATION OF PUBLIC HEALTH OR SAFETY HAZARDS
FROM PRIVATE PROPERTY
This resolution appears as Resolution No. 11111.
K. Consideration of the approval of a request for the temporary expansion of the licensed
premises for Davanni's, located at 6345 Penn Avenue South, to allow for the outside
Council Meeting Minutes -5- September 8,2015
service of strong beer on Sunday, September 20, 2015, in conjunction with Richfield's Open
Streets at Penn Fest event. Staff Report No. 136
L. Consideration of the approval of a resolution appointing Laural Kenney Mamula to the
Richfield Tourism Promotion Board to the remainder of a three-year term ending December
31, 2015 or until a successor has been chosen, whichever is later. Staff Report No. 137
RESOLUTION NO. 11112
RESOLUTION APPOINTING A REPRESENTATIVE TO THE BOARD OF DIRECTORS OF
THE RICHFIELD TOURISM PROMOTION BOARD, INC.
This resolution appears as Resolution No. 11112.
M. Consideration of the approval of the first reading of an ordinance that amends the City's
tobacco ordinance and schedule a second reading of the ordinance for September 22,
2015. Staff Report No. 138
N. Consideration of the approval of a resolution regarding the support of an application for a
Temporary Classification of Body Worn Camera Data from the Commissioner of
Administration. Staff Report No. 139
RESOLUTION NO. 11113
RESOLUTION AUTHORIZING RESOLUTION IN SUPPORT OF THE APPLICATION FOR A
TEMPORARY CLASSIFICATION OF BODY WORN CAMERA DATA
This resolution appears as Resolution No. 11113.
Council Member Fitzhenry stated the individual that wanted to speak about tobacco would
have an opportunity during the second reading on September 22.
M/Goettel, S/Fitzhenry to approve the Consent Calendar.
Motion carried 5-0.
Item #4 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT
CALENDAR
None.
Item #5 PUBLIC HEARING AND CONSIDERATION OF A SECOND READING OF AN
ORDINANCE ESTABLISHING A ONE-YEAR MORATORIUM ON THE
CONSIDERATION OF WIRELESS TELECOMMUNICATION FACILITIES AND
ANTENNAS IN CITY, COUNTY, AND STATE RIGHT-OF-WAYS THROUGHOUT
THE CITY AND CONSIDERATION OF A RESOLUTION AUTHORIZING
SUMMARY PUBLICATION OF SAID ORDINANCE. STAFF REPORT NO. 140
Council Member Fitzhenry presented Staff Report No. 140.
Community Development Director Stark stated that the moratorium was a great opportunity
to investigate in greater depth.
M/Elliott, S/Fitzhenry to close the public hearing.
Motion carried 5-0.
Council Meeting Minutes -6- September 8,2015
M/Fitzhenry, S/Goettel that this constitutes the second reading of Bill No. 2015-10,
Transitory Ordinance 18.99 establishing a one-year moratorium on the consideration of wireless
telecommunication facilities and antennas in City, County, and State right-of-ways throughout the
City, that it be published in the official newspaper, and that it be made part of these minutes, and
that the following resolution be adopted and that it be made part of these minutes:
RESOLUTION NO. 11114
RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE ESTABLISHING A
ONE-YEAR MORATORIUM RELATED TO WIRELESS TELECOMMUNICATION FACILITIES
AND ANTENNAS IN THE CITY, COUNTY AND STATE RIGHT-OF-WAYS
Motion carried 5-0. This resolution appears as Resolution No. 11114.
Item #6 CONSIDERATION TO REJECT ALL BIDS SUBMITTED FOR THE
CONSTRUCTION OF THE RICHFIELD COMMUNITY BAND SHELL. STAFF
REPORT NO. 141
Council Member Garcia presented Staff Report No. 141.
M/Garcia, S/Goettel to resect all bids submitted for the construction of the Richfield
Community Band Shell.
Motion carried 5-0.
Item #7 CONSIDERATION OF THE ACKNOWLEDGEMENT OF A TRANSFORMATION
HOME LOAN APPLICATION SUBMITTED BY MAYOR GOETTEL. STAFF
REPORT NO. 142
Council Member Elliott presented Staff Report No. 142.
Council Member Elliott stated his approval of the application since it lets the citizens know
about the programs that are available.
M/Elliott, S/Fitzhenry to approve of the acknowledgement of a Transformation Home Loan
Application submitted by Mayor Goettel.
Motion carried 4-0. (Mayor Goettel recused herself)
Item #8 CONSIDERATION OF THE 2015 REVISED/2016 PROPOSED BUDGET
RESOLUTIONS ADOPTING THE 2016 PRELIMINARY PROPERTY TAX LEVY,
SETTING TRUTH IN TAXATION HEARING DATE, AUTHORIZING BUDGET
REVISIONS, AND AUTHORIZING REVISION OF 2015 BUDGET OF VARIOUS
DEPARTMENTS. STAFF REPORT NO. 143
Mayor Goettel presented Staff Report No. 143.
City Manager Devich gave a brief presentation highlighting the most significant aspects of
the revenues and expenditures of the 2016 proposed budget and tax levy.
Mayor Goettel thanked staff for their hard work and strategic planning and preparing of this
budget and tax levy.
Council Meeting Minutes -7- September 8,2015
Council Member Howard reminded citizens of important dates going forward for the 2016
tax levy process.
M/Goettel, S/Fitzhenry that the following resolutions be adopted and that it be made part of
these minutes:
RESOLUTION NO. 11115
RESOLUTION ADOPTING A PROPOSED BUDGET AND TAX LEVY FOR THE YEAR 2016
This resolution appears as Resolution No. 11115.
RESOLUTION NO. 11116
RESOLUTION AUTHORIZING BUDGET REVISIONS
This resolution appears as Resolution No. 11116.
RESOLUTION NO. 11117
RESOLUTION AUTHORIZING REVISION OF 2015 BUDGET OF VARIOUS DEPARTMENTS
This resolution appears as Resolution No. 11117.
Motion carried 5-0.
Item #9 CITY MANAGER'S REPORT
None.
Item #10 CLAIMS AND PAYROLLS
M/Fitzhenry, S/Elliott that the following claims and payrolls be approved:
U.S. Bank 08/25/15
A/P Checks: 243148-243577 1,588,249.59
Payroll: 112430-112798, 42436-42438 $ 589,291.43
TOTAL $ 2,177,541.02
U.S. Bank 09/08/15
A/P Checks: 243578-243890 970,491.58
Payroll: 112799-113168, 42439 $ 639,677.22
TOTAL $ 1,610,168.80
Motion carried 5-0.
OPEN FORUM
Open Forum occurred before Item #8 due to a slight delay with the budget presentation.
Council Meeting Minutes -8- September 8,2015
Steven Houle, 6400 — 3rd Avenue, spoke regarding speed of traffic on 64th Street between
Portland and Nicollet Avenues.
City Manager Devich indicated that police would begin extra patrol on that street the next
day.
ADJOURNMENT
The City Council Meeting was adjourned by unanimous consent at 7:54 p.m.
Date Approved: September 8, 2015
Debbie Goettel
Mayor
Elizabeth VanHoose Steven L. Devich
City Clerk City Manager
AGENDA SEC-10N: CONSENT CALENDAR
AGENDA ITEM# 3.A.
STAFF REPORT NO. 144
..;f _.f_.. ..{ CITY COUNCIL MEETING
VN
■ m
9/22/2015
REPORT PREPARED BY: Karen Barton, Community Development Assistant Director
DEPARTMENT DIRECTOR REVIEW: John Stark, Community Development Director
9/15/2015
OTHER DEPARTMENT REVIEW: N/A
CITY MANAGER REVIEW: Steven L. Devich
9/16/2015
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the approval of a Right-of-Entry Agreement between Mesaba Capital Development,
LLC and the City Council and the Richfield Housing and Redevelopment Authority relating to the
proposed development of the former City public works site.
EXECUTIVE SUMMARY:
At the August 11, 2015 Joint Work Session of the City Council, Planning Commission and Housing and
Redevelopment Authority (HRA) staff was directed to draft a Preliminary Development Agreement and a Right-
of-Entry Agreement between the HRA/City Council and Mesaba Capital Development(Mesaba) for the
proposed development of the former City public works site (211 76th Street West, 7608 Pillsbury Avenue, 7600
Pillsbury Avenue and 7644 Pillsbury Avenue).
The HRA will enter into the Preliminary Development Agreement with Mesaba, providing for the support and
cooperation of the HRA relating to Mesaba's efforts to develop a feasible proposal in exchange for Mesaba
undertaking the activities described in the Preliminary Agreement. The Right- of-Entry Agreement allows
Mesaba to enter the properties for the purpose of conducting land surveys, geotechnical testing, and other
related studies.
Since both the City and the HRA own parcels in the development area, both the City and the HRA must each
enter into the Right-of-Entry Agreement with Mesaba.
RECOMMENDED ACTION:
By Motion: 1) Approve the Right-of-Entry Agreement between Mesaba Capital, LLC and the City of
Richfield relating to the proposed development of the former City public works site; and 2) Authorize
execution of the Agreement by the Mayor and City Manager.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
• In July of this year, Mesaba approached HRA staff expressing interest in developing the former City
public works property.
• Mesaba presented a preliminary concept plan for development of the property to the HRA and City
Council on August 11, 2015.
• Mesaba held a public neighborhood meeting on September 2, 2015 to garner feedback from
residents in the area. Letters were direct-mailed to residents and information about the meeting
was posted on the City's Facebook page and Twitter. Four residents attended the open house.
• The HRA is scheduled to consider approval of a Preliminary Development Agreement and a Right-
of-Entry Agreement with Mesaba Capital at their meeting on September 21, 2015.
• It is the intention of the City to convey the City property to the HRA. That conveyance is tentatively
scheduled for consideration at the November 16 City Council meeting.
B. POLICIES(resolutions,ordinances,regulations,statutes,etcy
• 2008 Comprehensive Plan:
• Maintain a housing supply that meets changing needs while sustaining the integrity
of existing neighborhoods;
• Maintaining a diversity of housing types and prices ranges.
C. CRITICAL TIMING ISSUES:
The term of the Right-of-Entry Agreement expires on March 31, 2016.
D. FINANCIAL IMPACT:
The development is in an existing Tax Increment Financing (TIF) Redevelopment District. Any financial
assistance to the development through TIF would require verification of necessity and approval by the HRA
and City Council.
E. LEGAL CONSIDERATION:
The HRA attorney drafted the Right-of-Entry Agreement.
ALTERNATIVE RECOMMENDATION(S .
• Do not approve the Right-of-Entry Agreement.
• Approve the Right-of-Entry Agreement with modifications.
PRINCIPAL PARTIES EXPECTED AT MEETING:
Representatives of Mesaba Capital, LLC
ATTACHMENTS:
Description Type
❑ Right of Entry Agreement Contract/Agreement
❑ Mesaba Capital Preliminary Site Plan Backup Material
❑ Map of development area Backup Material
RIGHT OF ENTRY AGREEMENT
THIS RIGHT OF ENTRY AGREEMENT (the "Agreement") is made and entered into this
day of , 2015, by and between the Housing and Redevelopment Authority in and
for the City of Richfield, Minnesota, a Minnesota public body corporate and politic ("HRA"), the
City of Richfield, Minnesota, a home rule city and Minnesota public body corporate and politic
("City"), and Mesaba Capital Development, LLC, a Minnesota limited liability company
("Developer"). The HRA and the City are referred to collectively herein as "Owners."
RECITALS
First: The City is the fee simple owner of the real estate located at the address identified and
legally described on the attached Exhibit A ("City Property"). It is the intention of the City to
convey the City Property to the HRA.
Second: The HRA is the fee simple owner of the real estate located at the addresses
identified and legally described on the attached Exhibit B ("HRA Properties," and together with the
City Property, the "Properties"). It is the intention of the HRA to acquire the City Property from the
City.
Third: The Developer is investigating the possibility of purchasing the Properties for the
purpose of redevelopment.
Fourth: The Developer wishes to have its consultants conduct geotechnical testing, and
other related studies on the Properties in order to identify whether the Properties are suitable for the
Developer's intended uses. Developer has requested that the Owners grant the Developer, its
employees, agents and contractors, the right to enter the Properties to conduct said testing and
studies.
Fifth: The Developer also desires to secure the consent of the Owners to enter the Properties
for the purpose of conducting land surveys of the Properties. Developer has requested that Owners
grant their consent to the entry of these additional consultants onto the Properties to conduct their
studies.
Sixth: it is understood that in executing this agreement, the Owners will not be granting
(a) any permanent interest in the Properties to the Developer, or (b) exclusive use or possession of
the Properties to the Developer.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and mutual obligations of the
parties contained herein, each of them does hereby represent, covenant and agree with the other
as follows:
1. Right of Entry. Effective upon the date hereof, the Owners hereby grant to the
1
467296v2 JAE RC125-347
Developer, its agents, employees, contractors and invitees, and such other consultants as the
Developer may elect (collectively, "Consultants") the right to enter upon the Properties, for the
purpose of carrying out the activities described in the fourth and fifth recitals above (the "Permitted
Activities")relative to the Developer's possible purchase of the Properties.
2. Consideration. In consideration for such right of entry, Developer agrees to:
(a) Notify the Owners of the date and time that work by the Developer or its
Consultants on the Properties will commence under this Agreement, which notice
shall be at least three (3) business days prior to doing any work on the Properties in
order to permit the Owners' employees or consultants retained by the Owners to be
present during the time any work is being done by the Developer or its Consultants;
(b) Secure all appropriate governmental approvals and permits for any work that will
occur within public streets adjacent to the Properties;
(c) Provide a copy of all test results and reports prepared by the Developer's employees
or Consultants (except appraisal reports) evaluating the conditions present on the
Properties to the Owners as soon as reasonably possible following final completion
thereof.
(d) Dispose of all solid waste generated during the course of the Developer's sampling
activities and other work on the Properties in accordance with applicable federal,
state and local laws,rules and regulations.
(e) Do the work in the shortest period of time reasonably necessary to complete the
Permitted Activities under this Agreement as the Developer, in its sole discretion,
shall elect to undertake;
(f) Use the Properties only for the purposes described herein and not park or store any
equipment on the Properties, except during the limited periods of time when the
work on the Properties which is contemplated by this Agreement is actually in
progress;
(g) Do no unnecessary damage to the Properties and restore the Properties to
substantially the same condition as the condition in which they were found by the
Developer at the time of the Developer's or its Consultants' entry upon the
Properties pursuant to this Agreement;
(h) The Developer agrees to indemnify, save harmless, and defend the Owners and their
officers and employees, from and against any and all claims, actions, damages,
liability and expense in connection with personal injury and/or damage to the
Properties arising from or out of any occurrence in, upon or at the Properties caused
by the act or omission of the Developer or its Consultants in conducting the
Permitted Activities on the Properties, except (a) to the extent caused by the
negligence, gross negligence, willful misrepresentation or any willful or wanton
2
467296v2 JAE RC125-347
misconduct by the Owners, their officers, employees, agents or contractors; (b) to
the extent caused by a "Pre-Existing Condition" as defined in this paragraph 2; and
(c) caused by the acts or omissions of anyone not within the Developer's control,
including without limitation, the Owners and their officers, employees, agents or
contractors. "Pre-Existing Condition" shall mean any condition caused by the
existence of hazardous substances or materials in, on, or under the Properties,
including without limitation hazardous substances released or discharged into the
drainage systems, soils, groundwater, waters or atmosphere, which condition
existed as of the date of this Agreement and became known or was otherwise
disclosed or discovered by reason of the Developer's Consultants' entry onto the
Properties;
(i) The Developer shall not permit any mechanics', materialmens' or other liens to
stand against the Properties or any part thereof for work or materials furnished to
the Developer in connection with the right of entry granted pursuant to this
Agreement and the Developer agrees to indemnify, defend and hold harmless the
Owners from and against the same.
(j) The Developer shall ensure that its Consultants or their contractors or invitees which
enter the Properties pursuant to this Agreement shall carry insurance during the time
any work is done on the Properties in accordance with the following minimum
requirements:
A. Workers' Compensation Insurance with limits as provided by statute,
with all necessary statutory elections to provide coverage for and/or claims made by
any person doing work on the Properties pursuant to this Agreement;
B. Employer's liability insurance (often included as coverage (b) in the
Workers' Compensation policy)with limits of at least$100,000;
C. Comprehensive Auto (and truck) Liability Insurance with minimum
combined single limits of$1 million per occurrence;
D. Comprehensive General Liability Insurance (including coverage for
contractual liability, products and completed operations liability, liability arising out
of explosion, or underground related incidents) with minimum combined single
limits of $1 million per occurrence. In addition, the Comprehensive General
Liability policy shall include the Owners and the Developer as additional insureds
with respect to work done on the Properties.
(k) If the Developer or its Consultants remove a sample or portion of the Properties for
investigation, monitoring or testing or obtains any data or issues any report, it must
give the Owners a copy of any data or report.
3. Expiration. The right of entry provided under this Agreement will automatically
expire on March 31, 2016.
3
467296v2 JAE RC125-347
4. Governing Law. This Agreement shall be interpreted in accordance with the laws of
the state of Minnesota.
5. Notices and Demands. All notices, demands or other communications under this
Agreement shall be effective only if made in writing and shall be sufficiently given and deemed
given when delivered personally, sent by overnight or same day courier, transmitted by facsimile, or
mailed by certified mail,return receipt requested,postage prepaid,properly addressed as follows:
Mesaba Capital Development, LLC
5201 Eden Avenue
Suite 250
Eden Prairie, MN 55436
Attn: Bo Nickoloff and Della Kolpin
Richfield Housing and Redevelopment Authority
6700 Portland Avenue South
Richfield, MN 55422
Attn: Steve Devich, Executive Director
City of Richfield
6700 Portland Avenue South
Richfield, MN 55422
Attn: Steve Devich, City Manager
Or to such other persons as the parties may from time to time designate in writing and
forward to the other persons entitled to receive notice as provided in this section.
6. Amendment. This Agreement may be amended by the parties hereto only by written
instrument executed with the same procedures and formality as were followed in the execution of
this Agreement.
4
467296v2 JAE RC125-347
IN WITNESS WHEREOF, the parties have executed this Agreement effective the date and
year first above written.
HOUSING AND REDEVELOPMENT MESABA CAPITAL DEVELOPMENT,
AUTHORITY IN AND FOR THE CITY OF LLC
RICHFIELD, MINNESOTA a Minnesota limited liability company
By: By:
Mary Supple
Its: Chair Its:
By:
Steven Devich
Its: Executive Director
CITY OF RICHFIELD, MINNESOTA
By:
Debbie Goettel
Its: Mayor
By:
Steven Devich
Its: City Manager
S-1
467296v2 JAE RC125-347
EXHIBIT A
CITY PROPERTY ADDRESS
7644 Pillsbury Avenue South
A-1
467296v2 JAE RC125-347
EXHIBIT B
HRA PROPERTIES ADDRESSES
211 76t" Street West
7608 Pillsbury Avenue South
7600 Pillsbury Avenue South
B-1
467296v2 JAE RC125-347
M4 i
N
CL +_'
/�
(� C OL
O X X
8 0 05
o
L �� c 66 � � a
a O �
0 - tn ' � CO � �N ® c7dN
C
Q ® () fn O C Q
p 4) ECL Cl)
D .
N
y
Elol
o
r
r
I:
tea;
R
CL
U } _
ollO
M �
w
y
m
c � w
4
�;t
211 W. 76th Street and 7700 Pillsbury Avenue
_ w
OL I MMAM 7 3LIA4,
{+
UZI*
1`^
r
r
F
'�� I:� Pr a .�•i
�} � fsi�ence
e
r
,
�''`'7.�t«'ail��'�'.�'.�n-'1��lis'�-.i�._,:.:w+�-,ti-� A.�.w ... .,. � f� J�3��:�►-lr'i�-�'1�'.7�"f�-i'� `-�r.'r�:"+.-J�T-��i
77th Street141'F I NOW
Y -
w_.
T `
,,, Legend
�; � a YNAM
:\
s
m
City Parcels
*� � fes! IT � •�
HRA Parcel �. e
r
ff
AGENDA SEC-10N: CONSENT CALENDAR
AGENDA ITEM# 3.13.
STAFF REPORT NO. 145
..;f _.f_.. ..{ CITY COUNCIL MEETING
VN
■ m
9/22/2015
REPORT PREPARED BY: Betsy Osborn,Support Services Manager
DEPARTMENT DIRECTOR REVIEW: Jay Henthorne, Public Safety Director
9/14/2015
OTHER DEPARTMENT REVIEW: N/A
CITY MANAGER REVIEW: Steven L. Devich
9/16/2015
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the approval of a Temporary On Sale Intoxicating Liquor license for the Richfield
Foundation's Wine and Cheese event to take place on Thursday, October 8, 2015, in the atrium area
of Houlihan's Restaurant and Bar, located at 6601 Lyndale Ave South.
EXECUTIVE SUMMARY:
On July 22, 2015, the City received application materials for a Temporary On Sale Into)acating Liquor license
for the Richfield Foundation's Wine and Cheese event to take place on Thursday, October 8, 2015. The event
will take place in the atrium area of Houlihan's Restaurant and Bar, located at 6601 Lyndale Avenue South.
The event will take place from 6:30 p.m. to 9:00 p.m. The request is to serve wine, craft beer and spirits. They
will have appro)amately 20 different wine, craft beer vendors, a spirits vendor and a cheese vendor providing
samples. They will also offer appetizers, dessert, water and coffee served by Houlihan's.
All required information, documents and licensing fees have been provided.
The Director of Public Safety has reviewed all required information and documents and has found no basis for
denial.
The City Council has previously granted this license in conjunction with this event.
RECOMMENDED ACTION:
By Motion: Approve the issuance of a Temporary On Sale Intoxicating Liquor license for Richfield
Foundation's Wine and Cheese event, to take place on Thursday, October 8, 2015, in the atrium area
of Houlihan's Restaurant and Bar, located at 6601 Lyndale Avenue South.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
The applicant has satisfied the following requirements for the issuance of this license:
• The required licensing fees have been received.
• Proof of liquor liability insurance has been provided showing New Hampshire Insurance Company
affording the coverage.
B. POLICIES(resolutions,ordinances,regulations,statutes,etch
Richfield City Code Section 1202.05 requires all applicants to comply with all of the provisions of this
code, as well as the provisions of Minnesota Statute Chapter 340A.
C. CRITICAL TIMING ISSUES:
There are no critical timing issues.
D. FINANCIAL IMPACT:
The required licensing fees have been received.
E. LEGAL CONSIDERATION:
There are no legal considerations.
ALTERNATIVE RECOMMENDATION(6)-
The Council could decide to deny the approval of the Temporary On Sale Into)acating Liquor license for the
Richfield Foundation. This would mean the applicant would not be able to serve alcohol at their Wine and
Cheese event. However, Public Safety has not found any basis for denial.
PRINCIPAL PARTIES EXPECTED AT MEETING:
A representative of the Richfield Foundation will be present.
AGENDA SEC-10N: CONSENT CALENDAR
AGENDA ITEM# 3.C.
STAFF REPORT NO. 146
..;f _.f_.. ..{ CITY COUNCIL MEETING
VN
■ m
9/22/2015
REPORT PREPARED BY: Betsy Osborn,Support Services Manager
DEPARTMENT DIRECTOR REVIEW: Jay Henthorne, Public Safety Director
9/14/2015
OTHER DEPARTMENT REVIEW: N/A
CITY MANAGER REVIEW: Steven L. Devich
9/16/2015
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the approval of an annual request for a Temporary On Sale Intoxicating Liquor license
for the Church of St. Peter, located at 6730 Nicollet Avenue South, for their Oktoberfest event
to take place on Friday, October 2, 2015, and Saturday, October 3, 2015.
EXECUTIVE SUMMARY:
On August 26, 2015, the City received application materials for a Temporary On Sale Into)acating Liquor
license for the Church of St. Peter, located at 6730 Nicollet Avenue South, for their annual Oktoberfest to take
place on Friday, October 2, 2015, and Saturday, October 3, 2015. They will serve wine and 3.2 percent
malt liquor from 11:00 a.m. to 8:30 p.m. on Saturday, October 3, 2015 only. No other into)acating liquor
beverages will be permitted.
On Saturday, October 3, 2015, they plan to serve festival foods (i.e. hot dogs, brats, pronto pups, chips,
popcorn) and a chicken dinner with mashed potatoes, green beans and dressing. The Church of St. Peter has
contacted food sanitarians from the City of Bloomington to ensure proper food handling practices are followed.
The Director of Public Safety has reviewed all required information and documents and has found no basis for
denial.
The City Council has previously granted this license in conjunction with this event.
RECOMMENDED ACTION:
By Motion: Approve the issuance of a Temporary On Sale Intoxicating Liquor license for the Church of
St. Peter, located at 6730 Nicollet Avenue South for their annual Oktoberfest to take place on Friday,
October 2, 2015, and Saturday, October 3, 2015.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
The applicant has satisfied the following requirements for the issuance of this license:
• The required licensing fee has been paid.
• Proof of liquor liability insurance has been provided showing The Catholic Mutual Relief Society of
America affording the coverage.
B. POLICIES(resolutions,ordinances,regulations,statutes,etch
Richfield City Code Section 1202.05 requires all applicants to comply with all of the provisions of this
code, as well as the provisions of Minnesota Stature Chapter 340A.
C. CRITICAL TIMING ISSUES:
There are no critical timing issues.
D. FINANCIAL IMPACT:
The required licensing fees have been received.
E. LEGAL CONSIDERATION:
There are no legal considerations.
ALTERNATIVE RECOMMENDATION(6)-
The Council could decide to deny the approval of the Temporary On Sale Into)acating Liquor license for the
Church of St. Peter. This would mean the applicant would not be able to serve wine or 3.2 percent malt
liquor. However, Public Safety has not found any basis for denial.
PRINCIPAL PARTIES EXPECTED AT MEETING:
Church of St. Peter staff has been notified of the date of this meeting.
AGENDA SEC-10N: CONSENT CALENDAR
AGENDA ITEM# 3.D.
STAFF REPORT NO. 147
..;f _.f_.. ..{ CITY COUNCIL MEETING
VN
■ m
9/22/2015
REPORT PREPARED BY: Chris Regis, Finance Manager
DEPARTMENT DIRECTOR REVIEW: Steven L. Devich
9/16/2015
OTHER DEPARTMENT REVIEW: N/A
CITY MANAGER REVIEW: Steven L. Devich
9/16/2015
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the approval of the second amendment to the Site Lease Agreement at 6355 Penn
Avenue between the City of Richfield and Sprint Spectrum Realty Company, LP (successor in interest
to Sprint Spectrum LP) to a modification in cellular telephone antenna facilities.
EXECUTIVE SUMMARY:
On July 27, 2005, the City of Richfield entered into a Site Lease Agreement with Sprint Spectrum LP (Tenant)
at the 6355 Penn Avenue location.
The Site Lease Agreement allowed the Tenant to erect a cellular telephone antenna system on the
water tower located at the 6355 Penn Avenue location. The agreement allowed the Tenant to erect
up to a total of six(6) antennas.
As a result an upgrade in 2013 Sprint reduced the number of antennas to three (3) along with the
installation of three (3) remote radio units.
The Tenant now desires to modify its installation on the site a second time by increasing the number
of antennas back to six(6), the amount approved by the July 27, 2005 Site Lease Agreement. In
addition, the number of remote radio units will also increase from three (3)to six(6). As a result of the
changes in antennas and remote radio units, a second site lease amendment is warranted.
RECOMMENDED ACTION:
By Motion: Approve the second amendment to the Site Lease Agreement at the 6533 Penn Avenue
location between the City of Richfield and Sprint Spectrum Realty Company, LP (successor in interest
to Sprint Spectrum LP).
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
N/A.
B. POLICIES(resolutions,ordinances,regulations,statutes.etch
The tenant has completed the required permitting process for the site modification.
C. CRITICAL TIMING ISSUES:
None.
D. FINANCIAL IMPACT:
• Any costs incurred in the upgrade of the facility will be borne by the Tenant.
• As part of the amendment, the annual rent will be increased to be $31,120.00 beginning in
2016.
E. LEGAL CONSIDERATION:
The City Attorney has reviewed the second amendment to the Site Lease Agreement.
ALTERNATIVE RECOMMENDATION(Sl:
None.
PRINCIPAL PARTIES EXPECTED AT MEETING:
None.
ATTACHMENTS:
Description Type
D Sprint Penn Tower Second Amendment Contract/Agreement
SECOND AMENDMENT
TO SITE LEASE AGREEMENT
BETWEEN THE CITY OF RICHFIELD
AND SPRINT SPECTRUM LP
This Second Amendment to Site Lease Agreement ("Second Amendment") is made and entered
effective the day of , 2015, by and between City of Richfield, a Minnesota
municipal corporation ("Landlord"), whose address is 6700 Portland Aveiiue South.
Richfield, Minnesota 55423, and Sprint Spectrum Realty Company, LP, a Delaware limited
partnership, successor-in-interest to Sprint Spectrum L.P., a Delaware limited partnership
("Tenant"), whose address is Sprint Nextel Property Service, 6391 Sprint Parkway, Mailstop
KSOPHT0101-Z2650, Overland Park, KS 66251-2650.
RECITALS
A. Landlord and Tenant's predecessor-in-interest Sprint Spectrum L.P., entered into a Site
Lease Agreement dated July 27, 2005, as amended by a First Amendment dated January
15, 2013 ("together, the "Lease");
B. The Lease permits Tenant to install certain facilities on and adjacent to the water tower
located at 6'155 Penn Avenue South, County of Hennepin, State of Minnesota
("Structure");
C. As of the date of this Second Amendment, the antennas, equipment, equipment shelter
and other facilities that 1'c nant is permitted to install and maintain on the Structure and
Leased Premises is described and depicted in Exhibit B-1 to the Lease;
D. Landlord and Tenant mutually desire to amend certain terms of the Lease to: (i) authorize
modifications to the antennas, equipment, and other facilities as depicted and described
herein, and; (ii) provide for an increase in the rent payable to Landlord.
AGRF f'MENT
NOW, THEREFORE, in consideration of the facts contained in the Recitals above, the
mutual covenants and conditions below. and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknov,ledged.. the parties agree as follows:
1. Leased Premises. The Lease is hereby amended by the replacement of Exhibit B-
I with Exhibit B-2 attached hereto. All references to "Exhibit 13-1" in the Lease shall be replaced
with "Exhibit B-2." Upon full execution of this Second Amendment, Tenant is permitted to do
all work necessary to install or otherwise modify the Antenna Facilities as described and
contemplated in Exhibit B-2.
2. Rent. The annual rent beginning in 2016 shall be Thirty One Thousand One
Hundred Twenty Dollars ($31,120.00), which amount includes the annual increase set forth in
408036 RJV RC145-2
Section 2(a) of the Lease. Rental payments are due on or before each January 1, partial years to
be pro-rated. Paragraph 2(a) of the Lease is amended accordingly.
3. Governmental Approval Contingency. Paragraph 5 (Tenant's Use) of the Lease is
amended by the addition of the following:
(k) Damage to Structure. Any damage done to the Leased Premises or Structure
during installation or operation of the Antenna Facilities shall be repaired or
replaced by Tenant, at Tenant's sole cost and expense, and to Landlord's sole and
reasonable satisfaction. within thirty (30) days after Tenant's receipt of written
notification by Landlord of such damage.
(1) Cables. All exposed coaxial cables installed by Tenant at the Leased Premises
shall be white jacketed or in conduit painted to match the Structure.
(m) Installation of Antenna Facilities. Consulting engineering inspection for any
installation or modification of the Antenna Facilities will be provided beginning
with the pre-construction conference and continuing through completion of
installation and verification of as-builts as determined solely by Landlord, at
Tenant's expense. Tenant shall pay for all such Landlord inspection costs within
thirty (30) days after receipt of an invoice together with reasonable documentation
evidencing,, such fees and costs.
4. Enver! enc,, Facilities. Paragraph 6 (Emergency Facilities) of the Lease is hereby
replaced and superseded by the following:
In the event of a natural or man-made disaster, in order to protect the health, welfare, and
safety of the community, Tenant may erect additional Antenna Facilities and install
additional equipment on a temporary basis on the Leased Premises, not to exceed 90
days, to assure continuation of service, unless Tenant obtains additional written approval
from Landlord. In such event, Tenant shall promptly give Landlord written notice of
such installation. Tenant shall not install or replace any generator on the Leased
Premises without Landlord's prior written approval, which approval will not be
unreasonably withheld, conditioned or delayed, provided, however, that. Tenant may
place an emergency generator within its Leased Premises without Landlord approval for
up to seven (7) days in the event of a power failure to the Antenna Facilities. Landlord
may limit the noise level and may prohibit use of a generator exceeding noise level limits
set by Landlord. Tenant shall repair any and all damage to the extent caused by Tenant's
use of a generator.
5. Additional Maintenance Expenses. Paragraph 7 (Additional Maintenance
Expenses) is hereby replaced and superseded by the following:
(a) Upon notice from Landlord, Tenant shall promptly pay to Landlord all. additional
Landlord expenses incurred in maintaining the Leased Premises, including
painting or other maintenance of the Structure, resulting from Tenant's occupancy
of the Leased Premises.
408036 RJV RC145-2
(b) In the event the Landlord repaints, repairs or maintains the Structure, Tenant shall
take adequate measures to cover or remove the Antenna Facilities and other
Tenant property or otherwise protect same from damage which may occur during
the painting, repair or maintenance process.
(c) Tenant shall temporarily remove its Antenna Facilities, at Tenant's cost, to allow
maintenance, repair, repainting, restoration of the Structure or other activit} on
the Leased Premises as required by the Landlord. There may be scheduled
interruptions in use of the Antenna Facilities due to such maintenance, repair.
repainting or restoration. Except in the case of an emergency, Landlord shall ,]N e
Tenant at least ninety (90) days' notice of repair, repainting or restoration
requiring temporary removal and relocation of the Antenna Facilities. In case of
an emergency, Landlord may require Tenant to immediately remove the Antenna
Facilities but shall notify Tenant by telephone within a reasonable time prior to
such request for removal. In the event the use of the Antenna facilities is
interrupted, Tenant shall have the right to maintain mobile cellular equipment on
or adjacent to the Leased Premises. If the site will not accommodate mobile
equipment, it is Tenant's responsibility to locate suitable auxiliary sites. Tenant
shall re-install its Antenna Facilities, at Tenant's cost, within sixty (60) days of
receipt of written notice from the Landlord that work on the Structure or Leased
Premises is complete.
6. Notices, Paragraph 19 (Notices) of the Lease is amended by replacement of
Tenant's address to read as fol IoN\s:
If to Tenant,to: Sprim Nextel Property Services
Mailstop: KSOPHT0101-22650
6341 Sprint Parkway
Overland Park, KS 66251-2650
RE: NIS 13XC821
With a copy to: Sprint Nextel Law Department
Mailstop: KSOPHT0101-22030
6341 Sprint Parkway
Overland Park, KS 66251-2650
Ann.: Real Estate Attorney
RE: MS13XC821
7. Landlord Costs. Landlord acknowledges the receipt of a cash deposit from
Tenant in the sum of Five Thousand and No/100 Dollars ($5,000.00) ("Deposit"). Such Deposit
will be used to reimburse Landlord for costs incurred by Landlord associated with reviewing and
approving Tenant's requested modifications set forth in this Second Amendment, including but
not limited to attorney's fees, staff and administrative review time and third part consultant fees
and expenses. Within thirty (30) days following completion of the proposed modifications,
Landlord shall refund the remaining balance of the Deposit, if any, to Tenant and provide Tenant
with reasonable documentation itemizing the amounts taken from the deposit used to reimburse
Landlord. In the event Landlord's documented fees and expenses, including consultant fees, and
408036 RJV RC 145-2
expenses, exceed the Deposit, Tenant will reimburse the Landlord in such additional amount
within thirty (30) days of receipt of the documentation.
8. Miscellaneous.
a. Except as specifically modified by this Second Amendment, all terms and
conditions of the Lease remain in full force and effect and are hereby ratified. In
the event of a conflict between any term or provision of the Lease and this Second
Amendment, the Second Amendment shall control.
b. All capitalized terms in this Second Amendment, unless otherwise defined herein,
will have the same meaning as the terms contained in the Lease.
c. This Amendment may be executed in duplicate counterparts, each of which will
be deemed an original.
d. Each party represents and warrants that it has the right, power, legal capacity and
authority to enter into its respective obligations under this Second Amendment.
IN WITNESS WHEREOF, Landlord and Tenant have caused this Second Amendment to
be executed by each party's duly authorized representative on the date written below.
LANDLORD: TENANT:
City of Richfield Sprint Spectrum Realty Company,LP
By: By:
Its: Mayor Its:
By:
Its: City klanager
Date:
Date:
The remainder of this page intentionally left blank
408036 RJV RC145-2
Exhibit B-2
See Attached Drawings
408036 RJV RC145-2
'm1196i0ad 51'7M'S� S ::H:�1�NC}3"f�SC-N35H0:H3LZM i3553arx3]H.:IgN;:M`Y14KdNu S41 i.0 3S'I-3'1:. j SIN1 d 3Sn MS730 3F1 de.Si 11 q'SLWITSNW 9NdINDIC NQIIGT�X llZd%,3N SI:MAYda%-
Limo U z = z< < -J Q
N° ms- W` 4zWW.� r
•L S i Jw ter' ..,.�.�, �m .� m.. _ i x CL
> —..
W_ _ co W+ Hr= Q' Z s
i2m J� ._ LLd $� per.,
V1 3 � , � ugga°- - acmes a
LL
O
m
r mc(fsa
LO O -
•--- _____.._—_—.____._---
i
Waw I
I
I I•. a
I
I I
•I I
S� ZmZ cZ
of MO
h+
� o
z�Fq, Zic z_
aB
r
w
05-47 za,`J, zoFo_4 �w�oa� pW
—uoSsr�s�ec
^ Z)
Q3llBllptl2 9'7r11'54N13f61C3 NC si1.'L+i]u�sNM 43114.N U553aSf3 3N[:11i.:LLu 7v;xih:�N. 3 _tl AF ae SI'il JI 1 3V-3&5-1.^,)2 34L a0.'9 B'7N'S:W1115NO3 010MNCN3 NCLMd 14 Q3dUW 3NL 5'aNVf 4N:
C4uj
ti
wzo
�
CL
� a J_ �E�.,. Lai
yam. : o k m EM,
CN LLJLLLLJ
os� F -LL
oe i
arm u EY
o¢=u,
NS
wo� is -U C'C7=1-A Q~Y SZC ¢G Vq' w
d�oWOW _ �fJ�m
` p O
Z nn tz
2,;IQ
o c w 7
s�o�oinrcwur
o a �gaz�am� �3 azo New TT o z o o z�l w
d r` LL
C:117� m�5 O tin wg ¢
W�io EO�ID � S 6 V �o� 6Z I o
z� n
llJj 'ww
CC�¢x
dW 70
F-�3
_ `S�v s
7 0.Vp jUp
ElF
LL
F U a
�r �z"���zno sLn d z•' zry
AGENDA SEC-10N: CONSENT CALENDAR
AGENDA ITEM# 3.E.
STAFF REPORT NO. 148
..;f _.f_.. ..{ CITY COUNCIL MEETING
VN
■ m
9/22/2015
REPORT PREPARED BY: Betsy Osborn,Support Services Manager
DEPARTMENT DIRECTOR REVIEW: Jay Henthorne, Public Safety Director
9/14/2015
OTHER DEPARTMENT REVIEW: N/A
CITY MANAGER REVIEW: Steven L. Devich
9/16/2015
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the approval of setting a public hearing to be held on October 27, 2015, for the
consideration of the issuance of new On-Sale Wine and 3.2 Percent Malt Liquor licenses for Minnesota
Junior Hockey Group, LLC, d/b/a Minnesota Magicians, located at the Richfield Ice Arena, 636 East 66th
Street.
EXECUTIVE SUMMARY:
On August 31, 2015, the City received the application materials for new On-Sale Wine and 3.2 Percent Malt
Liquor licenses for Minnesota Junior Hockey Group, LLC, d/b/a Minnesota Magicians, located at the Richfield
Ice Arena, 636 East 66th Street.
All required information and documents have been received. All licensing fees have been paid.
RECOMMENDED ACTION:
By Motion: Approve the setting of a public hearing to be held on October 27, 2015, for the
consideration of new On-Sale Wine and 3.2 Percent Malt Liquor licenses for Minnesota Junior Hockey
Group, LLC, d/b/a Minnesota Magicians, located at the Richfield Ice Arena, 636 East 66th Street.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
• Champps currently holds On Sale Wine and 3.2 Percent Malt Liquor licenses which allows them to
sell alcohol at the Richfield Ice Arena during Minnesota Magician Hockey games. The Minnesota
Magicians have decided they would like to hold the On Sale Wine and 3.2 Percent Malt
Liquor licenses to serve alcohol during the games as opposed to Champps.
• In 2014, the State of Minnesota passed special legislation to allow an e)asting alcohol licensed
establishment or the Minnesota Magicians themselves to be able to serve alcohol at the Minnesota
Magician Hockey games.
B. POLICIES(resolutions,ordinances,regulations,statutes,etch
• City ordinance provides the City Council conduct a public hearing to consider all On-Sale Wine and
3.2 Percent Malt Liquor license applications and a date be set for the public hearing prior to the
hearing.
• The hearing must be scheduled and held before a new license may be considered.
• The new process has been initiated.
C. CRITICAL TIMING ISSUES:
Holding the public hearing on October 27, 2015, will provide ample time to complete the licensing process.
D. FINANCIAL IMPACT:
All licensing fees have been received.
E. LEGAL CONSIDERATION:
There are no legal considerations.
ALTERNATIVE RECOMMENDATION(Sl:
• Reject the applications for new On-Sale Wine and 3.2 Percent Malt Liquor licenses for Minnesota
Junior Hockey Group, LLC, d/b/a Minnesota Magicians.
• Schedule the public hearing for another date; however, this will delay the licensing process.
PRINCIPAL PARTIES EXPECTED AT MEETING:
There are no parties expected at this meeting.
AGENDA SECTION: CONSENT CALENDAR
AGENDA ITEM# 3.F.
STAFF REPORT NO. 149
..;f _.f_.. ..{ CITY COUNCIL MEETING
VN
■ m
9/22/2015
REPORT PREPARED BY: Robert Hintgen, Utilities Superintendent
DEPARTMENT DIRECTOR REVIEW: Kristin Asher, Public Works Director
9/16/2015
OTHER DEPARTMENT REVIEW: N/A
CITY MANAGER REVIEW: Steven L. Devich
9/16/2015
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the approval of a resolution certifying delinquent water, sanitary sewer, and storm
water charges to the Hennepin County Auditor.
EXECUTIVE SUMMARY:
Minnesota State Statute 444.075 and Chapter VI I of the Richfield Code of Ordinances provides that delinquent
water, sanitary sewer, and storm water charges may be certified to the county auditor to be included in a
property owner's annual property tax bill. The Code also authorizes a certification fee to be charged against
each delinquent account. By certifying the delinquent charges to the property taxes of properties, the City is
assured of ultimately collecting the charges. The pending delinquent 2015 utility charges are $460,528.52 for
985 properties.
RECOMMENDED ACTION:
By Motion: Adopt the resolution certifying unpaid water, sanitary sewer, and storm water charges to
the county auditor to be collected with the other taxes on said properties.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
• Below is a history of certified amounts since 2010:
* 2010- Certification totaled $278,086.88 for 582 properties.
* 2011 - Certification totaled $298,977.55 for 591 properties.
* 2012- Certification totaled $312,060.07 for 572 properties.
* 2013- Certification totaled $295,213.77 for 561 properties.
2014- Certification totaled $306,712.27 for 544 properties.
* 2015- Certification currently totals $460,528.52 for 985 properties, an average of$467.54
per account.
• Staff expects that, as in years past, many of the now delinquent accounts will be paid before
certification.
• Throughout the year, the division bills and collects charges for water, sanitary sewer, and storm
water from accounts within the City. Accounts are billed quarterly.
• A penalty of 6.5% is applied to unpaid balances quarterly.
• The delinquent accounts must be certified to the county auditor in order for the City to collect the
charges through the property tax process.
• A$50 certification fee is added to each certified account.
• The certified amount is spread over a period of one year at the rate of 8% per annum.
B. POLICIES(resolutions,ordinances,regulations,statutes,etcy
• Minnesota State Statute 444.075 and Chapter VI I of the Richfield Code of Ordinances provide that
unpaid water, sanitary sewer, and storm water charges may be certified to the county auditor to be
included in a property owner's annual property tax bill.
• A First Notice of Certification to Property Taxes (attached) was mailed on August 3, 2015 to
Richfield property owners with delinquent accounts.
• A second notice will be mailed on September 23, 2015 to Richfield property owners with delinquent
accounts.
C. CRITICAL TIMING ISSUES:
To prepay the delinquent amount and avoid certification, the entire past due amount must be paid by
October 30, 2015 as stated in the attached Notice of Certification to Property Taxes.
D. FINANCIAL IMPACT:
• The pending delinquent 2015 utility charges are $460,528.52, compared to $434,845.49 at the
same time last year.
• In 2014, the City certified $306,712.27 because property owners paid their delinquent bills prior to
the October 31 deadline.
E. LEGAL CONSIDERATION:
No legal issues are apparent at this time. The City Attorney will be in attendance at the Council meeting
should a legal question arise.
ALTERNATIVE RECOMMENDATION(S):
The Council could choose to not approve the resolution; however, the certification process is the only process
the City has to collect these delinquent accounts.
PRINCIPAL PARTIES EXPECTED AT MEETING:
None
ATTACHMENTS:
Description Type
❑ Resolution Resolution Letter
❑ Notice of Certification Backup Material
RESOLUTION NO.
RESOLUTION AUTHORIZING CERTIFICATION OF UNPAID WATER, SANTITARY
SEWER, AND STORM WATER CHARGES TO THE COUNTY AUDITOR TO BE
COLLECTED WITH OTHER TAXES ON SAID PROPERTIES
WHEREAS, Ordinance Code 705 establishes rules, rates, and charges for
sanitary sewer service in the City of Richfield and provides that all delinquent accounts
for sewer and water services may be certified against the properties served, including
an added certification charge; and
WHEREAS, Ordinance Code 715 establishes rules, rates, and charges for water
service in the City of Richfield and provides that all delinquent accounts for water
services may be certified against the properties served; and
WHEREAS, Ordinance Code 720 establishes rules, rates, and charges for storm
water service in the City of Richfield; and
WHEREAS, Minnesota Statutes 444.075 provides that unpaid charges for water,
sanitary sewer, and storm water services may be certified to the county auditor with
taxes against the property served for collection as other taxes are collected; and
WHEREAS, the certification list has been prepared specifying the amount that
shall be certified against each particular property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, Minnesota:
1. There is hereby determined to be a total uncollected amount for water, sanitary
sewer, and storm water service of$460,528.52.
2. That a $50 certification charge shall be levied against each delinquent account, such
charges totaling $49,250.00.
3. That the above-described certification list be spread over a period of one year at the
rate of 8% per annum.
4. That such amount be hereby certified to the County Auditor for collection with other
taxes on said properties.
5. That a copy of the resolution shall be sent to the Hennepin County Auditor.
Adopted by the City Council of the City of Richfield, Minnesota, this 22nd day of
September, 2015.
Debbie Goettel, Mayor
ATTEST:
Elizabeth VanHoose , City Clerk
City of Richfield
Public Works Department
Utilities Division
August 3, 2015
Property ID:
RESIDENT
6700 PORTLAND AVE S Account#:
RICHFIELD MN 55423 Customer#:
Tenant/Owner:
Service Addr:
Past Due Amt:
Subject: "FIRST NOTICE OF CERTIFICATION TO 2016 PROPERTY TAXES"
Dear Richfield Utility Customer:
Pursuant to Minnesota State Statutes, the City of Richfield certifies all delinquent (water, wastewater,
storm water) charges to the Hennepin County annual property tax assessment roll.
Your unpaid water utility balance is scheduled to be certified to your 2016 Hennepin County property
taxes. To prepay this special assessment and to avoid certification, please pay the entire past due
amount by October 30, 2015. Failure to pay the entire past-due amount will result in an additional 8%
interest charge and a $50.00 service fee when assessed to your 2016 property taxes.
If you have recently paid your past due amount, thank you and please disregard this notice.
Contact the Utility Billing Division at 612-861-9164 or 612-861-9165 if you have any questions
regarding your past-due amount or assessment procedures.
Informacion Importance: Si usted no entiende el contenido de esta carta, alguien tendra que traducirla
para usted. iGracias!
------------------------------------------------------------------------------------------------------------------------------------
X Please return this portion with your payment.
Payment must be received by October 30, 2015 to avoid certification to your 2016 property taxes.
Mail payment to: City of Richfield, Utility Payments, 6700 Portland Ave S, Richfield, MN 55423
Account Number: Past Due Amount:
Customer Number: Tenant/Owner:
Property ID: Service Address:
Property Owner:
Date: Amount Paid:
AGENDA SECTION: PROPOSED
ORDINANCES
AGENDA ITEM# 5.
STAFF REPORT NO. 150
.. ° ". CITY COUNCIL MEETING
9/22/2015
REPORT PREPARED BY: Betsy Osborn,Support Services Manager
DEPARTMENT DIRECTOR REVIEW: Jay Henthorne, Public Safety Director
9/14/2015
OTHER DEPARTMENT REVIEW: N/A
CITY MANAGER REVIEW: Steven L. Devich
9/16/2015
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the second reading of an ordinance that amends the City's tobacco ordinance and a
Resolution of Summary Publication.
EXECUTIVE SUMMARY:
In November 2014, the City Council placed a 12-month moratorium on new establishments that may want to
allow indoor smoking or sampling of tobacco and related products. Staff conducted an in-depth study on the
issue of tobacco use and conducted several meetings with the Advisory Board of Health and now brings this
proposed Ordinance to the City Council for consideration. The proposed Ordinance would make the following
changes to current regulations.
• Prohibit the use of electronic cigarettes in City-owned parks and other recreational facilities;
• Expand and clarify the definition of electronic cigarette;
• Add definitions to the Code pertaining to smoking, sampling and places where smoking is prohibited;
• Prohibit the sale of any electronic cigarette liquid that is not in child-resistant packaging;
• Set minimum pricing for certain cigar sales;
• Prohibit indoor smoking and sampling of tobacco products and electronic cigarette liquid that is not in
child resistant packaging.
• Set minimum pricing for certain cigar sales;
• Prohibit indoor smoking and sampling of tobacco products and electronic cigarettes, except in
establishments that are already licensed by the City; and
• Codify the current practice of the City to conduct at least two compliance checks of licensed premises
yearly.
RECOMMENDED ACTION:
By Motion: Approve the second reading of an ordinance that amends the City's tobacco ordinance
and approval of a Resolution of Summary Publication.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
The second reading of a 12-month moratorium on new establishments allowing indoor smoking or
sampling of tobacco or similar products was approved by Council on November 10, 2014.
Shortly after that time, staff and the Richfield Advisory Board of Health were tasked with reviewing the
current tobacco code to make any updates/recommendations to the Council concerning its contents. The
Richfield Advisory Board of Health worked closely with Bloomington Public Health, Association for Non-
Smokers Rights (ANSR), City staff and the City Attorney to conduct that process beginning at their
January 2015 meeting.
Additional conversation and review was conducted by the Richfield Advisory Board of Health at their
regular meetings in February, April, May, June, July and August. Members had many questions and
reviewed the current ordinance carefully. The City Attorney attended several of these meetings to facilitate
discussions regarding any legal issues/opinions.
Members of the Richfield Advisory Board of Health take the health of the citizens of Richfield very
seriously and clearly wanted an ordinance update that would provide them with the most protection.
It should also be noted that the Recreation Services Director approved of the change to the section of the
code that pertains to tobacco or electronic cigarette use in City Parks, etc.
First reading of these code amendments occurred at the City Council meeting of September 8, 2015.
B. POLICIES(resolutions,ordinances,regulations,statutes,etch
• State Law allows cities to adopt interim ordinance for the purposes of protecting the planning
process and the health, safety and welfare of its citizens.
• The Clean Indoor Air Act allows cities to enact more stringent measures than state law to protect
individuals from secondhand smoke.
C. CRITICAL TIMING ISSUES:
On November 10, 2014, the City Council approved of a second reading of an ordinance establishing a 12-
month moratorium on new establishments allowing indoor smoking or sampling of tobacco or similar
products. The consideration of this amended tobacco ordinance coincides closely with the end of the 12-
month moratorium so it was critical for the Richfield Advisory Board of Health members to complete their
review process in order to bring it back before the City Council and before the expiration of the 12-month
moratorium.
D. FINANCIAL IMPACT:
None
E. LEGAL CONSIDERATION:
The City Attorney has met with and worked closely with members of the Richfield Advisory Board of
Health, Association of Non-Smokers Rights (ANSR) and staff on the development and review of this
ordinance. She has reviewed it and approves of the content.
ALTERNATIVE RECOMMENDATION(Sl:
• Do not approve or approve with modifications, the attached ordinance.
PRINCIPAL PARTIES EXPECTED AT MEETING:
Richfield residents, members of the Richfield Board of Health and ANSR will be present to testify on behalf of
the ordinance. Tobacco retailers may also be in attendance.
ATTACHMENTS:
Description Type
D Tobacco Ordinance Ordinance
D Resolution-Summary Publication of Tobacco Ordinance Resolution Le,.
BILL NO.
AN ORDINANCE AMENDING SECTION 1146 OF THE CITY CODE
PERTAINING TO TOBACCO SALES AND THE
REGULATION OF SMOKING
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Subsection 840.13 of the Richfield City Code is amended as follows:
No person may use tobacco products or electronic cigarettes on City-owned
parks, conservation areas, open spaces, or recreational facilities, including without
limitation: trails within parks used for walking and biking, picnic shelters, athletic fields,
and play areas. This subsection does not apply to the use of tobacco products or
electronic cigarettes inside motor vehicles parked on the premises of City-owned parks,
conservation areas, open spaces or recreational facilities.
Sec. 2. The following definition in subsection 1146.03 of the Richfield City Code
is amended as follows:
Subd. 12. Electronic cigarette. "Electronic cigarette" shall mean any electronic-
smoking device that can be used to deliver nicotine, lobelia or any other substances to
the person inhaling from the device. The term shall include such devices whether they
are manufactured as electronic cigarettes, electronic cigars, electronic pipes or any
other product name and includes any component part of such a product whether or not
sold separately. This term excludes any product that has been approved by the United
States Food and Drug Administration for sale as a tobacco cessation product, as a
tobacco dependence product, or for other medical purposes, and is being marketed and
sold solely for such an approved purpose.
Sec. 3. Subsection 1146.03 of the Richfield City Code is amended by adding the
following new definitions:
Subd. 13. Ciaar. A "cigar" shall mean any roll of tobacco that is wrapped in
tobacco leaf or in any substance containing tobacco, with or without a tip or mouthpiece,
that is not a cigarette as defined in Minn. Stat. § 297F.01, subdivision 3 as amended
from time to time.
Subd. 14. Smoking. "Smoking" shall mean inhaling or exhaling from, or
carrying, any lighted or heated tobacco, tobacco product or tobacco-related device.
Smoking also includes the inhaling or exhaling of vapor from any electronic cigarette, as
well as carrying an electronic cigarette that is turned on or otherwise activated.
Subd. 15. Place of Employment. "Place of employment" shall mean any indoor
area at which two or more individuals perform any type of service for consideration of
1
payment under any type of contractual relationship, including, but not limited to, an
employment relationship with or for a private corporation, partnership, individual, or
government agency. Place of employment includes any indoor area where two or more
individuals gratuitously perform services for which individuals are ordinarily paid. A
place of employment includes, but is not limited to, public conveyances, factories,
warehouses, offices, retail stores, restaurants, bars, banquet facilities, theaters, food
stores, banks, financial institutions, employee cafeterias, lounges, auditoriums,
gymnasiums, restrooms, elevators, hallways, museums, libraries, bowling
establishments, employee medical facilities, and rooms or areas containing
photocopying equipment or other office equipment used in common. Vehicles used in
whole or in part for work purposes are places of employment during hours of operation if
more than one person is present. An area in which work is performed in a private
residence is a place of employment during hours of operation if:
(1) the homeowner uses the area exclusively and regularly as a principal
place of business and has one or more on-site employees; or
(2) the homeowner uses the area exclusively and regularly as a place to meet
or deal with patients, clients, or customers in the normal course of the homeowner's
trade or business.
Subd. 16. Public Meetina. "Public meeting" shall mean any meeting open to the
public pursuant to Minn. Stat. 13D.01.
Subd. 17. Public Place. "Public place" shall mean any enclosed, indoor area
used by the general public, including, but not limited to, restaurants; bars; any other
food or liquor establishment; retail and other commercial establishments; educational
faciltiies; hospitals; nursing homes; auditoriums; arenas; meeting rooms; waiting rooms;
and common areas of rental apartment buildings.
Subd. 18. Sampling. "Sampling" shall mean the lighting of tobacco, tobacco
products, tobacco-related devices or the activation of and inhaling of vapor from
electronic cigarettes in a retail establishment by a customer or potential customer for the
purpose of sampling the product or device before a purchase.
Sec. 4. Subsection 1146.09 of the Richfield City Code is amended as follows:
1146.09. r-ehihitei►—sa►as. prohibitions.
Subdivision 1. Prohibited Sales. It shall be a violation of this section for any
person to sell or offer to sell any tobacco, tobacco product, er tobacco-related device, or
electronic cigarettes:
(a) To any person under the age of 18 years.
(b) By anyone under the age of 18 years.
2
(c) By means of any type of vending machine.
(d) By means of self-service merchandising.
(e) By means of loosies.
(f) Containing opium, morphine, jimson weed, bella donna, strychnos,
cocaine, marijuana, or other deleterious, hallucinogenic, toxic, or controlled
substances except nicotine and other substances found naturally in
tobacco or added as part of an otherwise lawful manufacturing process.
(g) By any other means prohibited by Federal, State, or other local law,
ordinance provision, or other regulation.
Subd. 2. Child-Resistant Packaging_ The sale of any liquid, whether or not such
liquid contains nicotine, that is intended for human consumption and used in an
electronic cigarette or electronic delivery device, that is not contained in child-resistant
packaging, is prohibited. All licensees under this Section must ensure that any such
liquid is sold in child-resistant packaging, as defined in Minn. Stat. $ 461.20, as
amended from time to time.
Subd. 3. Cigar Sales. No person shall sell, offer for sale, or otherwise distribute
cigars in original packages containing three (3) or fewer cigars for a sale price, after any
coupons, multipack or buy-one-get-one promotions, or any other discounts are applied
and prior to applicable sales taxes being imposed, of less than two dollars and sixty
cents ($2.60) per cigar contained within. In addition, no person shall sell, offer for sale,
or otherwise distribute cigars in original packages of four (4) or more cigars for a sale
price, after any coupons, multipack or buy-one-get-one promotions, or any other
discounts are applied and prior to applicable sales taxes being imposed, of less than ten
dollars and forty cents ($10.40) per package. This subdivision does not apply to
premium cigars as defined in Minn. Stat. $ 297F.01, subdivision 13a. This subdivision
shall become effective January 1, 2016.
Subd. 4. Smoking and Sampling Prohibited.
(a) Smoking shall be prohibited, and no person shall smoke, in a public place,
at a public meeting, or in a place of employment. This subdivision also
prohibits the sampling of tobacco, tobacco products, electronic cigarettes
and products used in electronic cigarettes.
k*-.A licensee under this Section that allows sampling at its licensed
premises on or before the effective date of this ordinance may continue to
allow sampling, but only while that certain licensee operates at that certain
licensed premises.
Subd. 5. Smoking permitted. Except sampling, which is expressly prohibited
under subd. 4, smoking is permitted as identified in Minn. Stat. § 144.4167.
3
Sec. 5. Subsection 1146.17 of the Richfield City Code is amended as follows:
1146.17. - Compliance checks and inspections.
All licensed premises shall be open to inspection by Richfield law enforcement or
other authorized City officials during regular business hours. From time to time, but at
least eeEe twice per year, the City shall conduct compliance checks by engaging, with
the written consent of their parents or guardians, minors over the age of 15 years, to
enter the licensed premise to attempt to purchase tobacco, tobacco products, tobacco-
related devices, or electronic cigarettes. Minors used for the purpose of compliance
checks shall be supervised by the Public Safety Director or the Public Safety Director's
designee. Minors used for compliance checks shall not be guilty of the unlawful
purchase or attempted purchase, nor the unlawful possession of tobacco, tobacco
products, tobacco-related devices, or electronic cigarettes, when such items are
obtained or attempted to be obtained as a part of the compliance check. No minor used
in compliance checks shall attempt to use a false identification misrepresenting the
minor's age and all minors lawfully engaged in a compliance check shall answer all
questions about the minor's age, asked by the licensee or licensee's employee and
shall produce any identification, if any exists, for which the minor is asked. Nothing in
this subdivision shall prohibit compliance checks authorized by State or Federal laws for
educational, research, or training purposes, or required for the enforcement of a
particular State or Federal law.
Sec. 6. This Ordinance will be effective in accordance with Section 3.09 of the
City Charter.
Adopted this of 12015.
By:
Debbie Goettel, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
4
RESOLUTION NO.
RESOLUTION APPROVING SUMMARY PUBLICATION OF
AN ORDINANCE PERTAINING TO TOBACCO SALES
AND THE REGULATION OF SMOKING
WHEREAS, the City has adopted the above referenced ordinance; and
WHEREAS, the verbatim text of the ordinance is cumbersome, and the expense
of publication of the complete text is not justified; and
WHEREAS, the following summary clearly informs the public of the intent and
effect of the ordinance.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield that the following summary is hereby approved for official publication:
SUMMARY PUBLICATION
BILL NO. 2015-
AN ORDINANCE AMENDING SECTION 1146 OF THE
CITY CODE PERTAINING TO TOBACCO SALES
AND THE REGULATION OF SMOKING
On September 22, 2015, the Richfield City Council adopted an ordinance
designated as Bill No. , the title of which is stated above. This
summary of the ordinance is published pursuant to Section 3.12 of the Richfield
City Charter. The purpose of the Ordinance is to: 1) prohibit the use of electronic
cigarettes in City-owned parks and other recreational facilities; 2) expand and
clarify the definition of electronic cigarette; 3) add definitions to the Code
pertaining to smoking, sampling and places where smoking is prohibited; 4)
prohibit the sale of any electronic cigarette liquid that is not in child-resistant
packaging; 5) set minimum pricing for certain cigar sales; 6) prohibit indoor
smoking and sampling of tobacco products and electronic cigarettes, except in
establishments that are already licensed and offering sampling; and, 7) codify the
current practice of the City to conduct at least two compliance checks of licensed
premises.
BE IT FURTHER RESOLVED, that the City Clerk is directed to keep a copy of the
Ordinance in her office at City Hall for public inspection and to post a full copy of the
Ordinance in a public place in the City for a period of two weeks. Copies of the
Ordinance are also available upon request by calling 612-861-9738.
467989v1 MDT RC1 60-3
Adopted by the City Council of the City of Richfield, Minnesota this 22nd day of
September, 2015.
Debbie Goettel, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
467989v1 MDT RC1 60-3
AGENDA SECTION: PROPOSED
ORDINANCES
AGENDA ITEM# 6.
STAFF REPORT NO. 151
.. ° ". CITY COUNCIL MEETING
9/22/2015
REPORT PREPARED BY: Jaeson Morrison, Natural Resources Coordinator
DEPARTMENT DIRECTOR REVIEW: Kristin Asher, Public Works Director
9/16/2015
OTHER DEPARTMENT REVIEW: N/A
CITY MANAGER REVIEW: Steven L. Devich
9/16/2015
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the second reading of an update to ordinances 428 and 429 related to construction
site runoff control and post-construction stormwater management and a resolution authorizing
summary publication.
EXECUTIVE SUMMARY:
The Minnesota Pollution Control Agency (MPCA) requires that municipalities that own and operate storm sewer
systems with a population greater than 5,000 people obtain a Municipal Separate Storm Sewer System(MS4)
permit on a five year cycle. The MS4 Permit was updated by the MPCA and reissued in 2013, which required
the City to reapply for MS4 Permit coverage. The City applied for and was reissued their permit on March 17,
2014. With the reauthorization of the permit, the City is mandated to come into compliance with the most
current MPCA requirements and update their Stormwater Pollution Prevention Plan (SWPPP). The proposed
changes to ordinances 428 and 429 will complete the steps needed for compliance
The updates include:
• Incorporate the City's new Engineering Design Standards (EDS)
• EDS outlines specific criteria for erosion and sediment control practices
• EDS outlines criteria for post-construction stormwater management
• Sets conditions for long-term operation and maintenance of post construction best management
practices (BMPs)
• Updated enforcement response mechanisms (e.g. stop work orders, notices of violation)
• Well-head protection requirements related to infiltration BMPs
The City Council conducted a first reading of the updated ordinances on September 8, 2015.
RECOMMENDED ACTION:
By Motion:
• Approve the second reading of the ordinances related to construction site runoff control and
post-construction stormwater management.
• Approve the resolution authorizing summary publication of an ordinance amendment to Section
428 and 429 of the Richfield City Code which pertains to erosion and sedimentation control
regulations and water resource management regulations.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
• The City's current 428 and 429 ordinances do not meet the new requirements of the MS4 Permit.
• The ordinance updates will put the City into compliance with MPCA mandates.
• Staff has developed an Engineering Design Standards document which would serve as the guideline
for construction site runoff control and post-construction stormwater management.
B. POLICIES(resolutions,ordinances,regulations,statutes,etcy
• The City Charter general provision on adoption of ordinances requires a first and second reading
on ordinances. A public hearing is not required unless a separate statute, charter provision, or
ordinance requires it. In this case, there is not a public hearing requirement.
C. CRITICAL TIMING ISSUES:
• The MPCA expects that the City should be in compliance with the most current MPCA requirements
as soon as possible.
D. FINANCIAL IMPACT:
N/A
E. LEGAL CONSIDERATION:
• The City Attorney has reviewed and revised these documents and converted them to ordinance
format.
• There are no legal issues known at this time that would affect the passage and implementation of
this ordinance.
ALTERNATIVE RECOMMENDATION(Sl:
• The Council may choose to not approve the ordinance amendments and direct staff how to proceed.
PRINCIPAL PARTIES EXPECTED AT MEETING:
None
ATTACHMENTS:
Description Type
D Ordinance Ordinance
D Resolution Resolution Letter
D Engineering Design Standards Backup Material
BILL NO.
AN ORDINANCE AMENDING CITY CODE SECTION 428 PERTAINING TO
EROSION AND SEDIMENTATION CONTROL REGULATIONS AND
SECTION 429 PERTAINING TO WATER RESOURCE MANAGEMENT
REGULATIONS
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Section 428 of the Richfield City Code is amended as follows:
428.01. Purpose.
The purpose of this Section is to promote the public health, safety, property and general
welfare of the citizens of the City and to regulate land disturbing activities to preserve and
enhance the natural environment by reducing sedimentation in streams, lakes, ponds, storm
sewer systems, and other water ways, protect the quality of surface water resources, preserve and
protect wildlife habitat, restore sites to reduce the negative environmental effects of construction
activities, and provide uniform techniques and methods for erosion and sedimentation control.
This Section is intended to meet the current construction site erosion and sediment
control regulatory requirements for construction activity (NPDES Permit, Part IV.) as defined in
40 CFR pt. 122.26(b)(14)(x) and(b)(1 5), respectively.
428.02. Scope and Effect_
Subdivision 1. The Minnesota Pollution Control Agency (MPCA) is the permitting
authority for Land Disturbing Activities requiring a National Pollutant Discharge Elimination
System (NPDES) Permit for construction activity, including the requirements for developing and
implementing a Stormwater Pollution Prevention Plan (SWPPP). Where required, the NPDES
Permit is in addition to Permits required by the City of Richfield.
Subd. 2. Incorporation by reference. The City's Engineering Design Standards are
incorporated into this Section by reference. The standards shall serve as the official guide for
stormwater principles, methods, and practices for proposed development activities.
428.03. Administration.
The City Council hereby designates the Building OffieialCity Engineer as the
Administrator of this Section. Erosion control plans shall be reviewed and approved under the
existing building permit process. Applications for a permit shall include information required by
this Code. Applications for a permit fi,r pfejeets . ,ithi , the Min ei,,,i,,, r,-eek Watefshea Dist ie
Cf eek Wale fshea Dist ret Rule B.shall also meet the requirements of the Richfield-Bloomington
Watershed Management Organization (RBWMOI, and the Minnehaha Creek Watershed District
MCWDI or the Nine Mile Creek Watershed District (NMCWD), as applicable. A fee in
Page 1
465507v1 RC160-4
addition to the building permit fee is not ,•equi e r required for erosion control plan review
and inspections as provided in Appendix D—License, Permit and Miscellaneous Fees.
428.05. Performance standards for erosion and sedimentation control.
The design, testing, installation, and maintenance of erosion and sediment control
operations and facilities shall adhere to the standards and specifications contained in the
" Minnesota Stormwater Manual, dated
2014, as amended or if a f4eility-or measure is not addressed ift that handbook, then to the
1989), as Fevised. Erosion control plans shall also adhere to the City's Engineering Design
Standards for erosion and sediment control.
428.07. Activities Subject to Erosion Control Measure.
Subdivision 1. The following land disturbing activities shall be subject to erosion
control measures, except those activities described in Section 428.09:
a. An area of 5,000 square feet or greater that will be disturbed by excavation,
grading, filling or other earth moving activities resulting in the loss of protective
vegetation; or,
b. Excavation or fill exceeding 50 cubic yards; or,
C. The installation of underground utilities, either public or private, resulting in more
than 300 linear feet of trenching or earth disturbance.
Subd. 2. Any other land disturbing activity for which the City Engineer determines to
have the potential for substantial erosion.
428.09. General Exemptions.
Subdivision 1. The following land disturbing activities that meet all of the requirements
of this subdivision are exempt from this Section. The disturbed or fill area is less than (;It;) 5,000
square feet in area; and:
a. The volume of soil or earth material stored or moved is 50 cubic yards or less; and
b. Impervious surface of less than 10,000 square feet is created; and
C. No drainageway is blocked or has its stormwater carrying capacities or
characteristics modified; and
d. The activity does not take place within 100 feet by horizontal measurement from
the top of the bank of the watercourse, the ordinary high water mark of the water
Page 2
465507v1 RC160-4
body, or the ordinary high water mark of a wetland associated with a watercourse or
water body.
Subd. 2. Agricultural lands, including gardens, used mainly for the production of food,
general farming, nurseries, etc. are exempt from this regulation.
428.11. Erosion control plans.
Subdivision 1. Land disturbing activities not exempt from this Section shall be required
to have an approved erosion control plan on file with the City prior to commencement of
construction.
Subd. 2. The erosion control plan shall contain all information necessary for the City
Engineer to determine that adequate erosion control and sedimentation measures are proposed.
The plan shall include a topographic map showing existing and proposed contours, location of
any natural watercourses, storm sewers, and drainageways. The extent of the land disturbing
activity and any erosion control measures shall be shown on the submitted erosion control plan.
,;41, the site ri, and g a lir,.plan-
(a)
(b) Contour fines extending beyond the propei4y botindafies for a dista-nee suffieient to
show the Felationship between en site atid off site drainage.
PR*-.
(e) Detailed plans of any suffaee and sub suffaee dt-ainage > Walls, eribbi >
•
Quantity, iii ettbie
>
(i) Outline of the methods to be used to eleaf vegetatieft and to store a-Rd sipase o
No ed vegetative fV.attov
filling aefivities, a-n it vreafth mz`Etcrial stofage @r dispe�zEL
by the r e g ,,,ing o f 4...ns
Page 3
465507v1 RC160-4
submitted. This fepeft shal-11 �_Aeesetribee the timing of the iftstalla4ion, ph---t:"
of all erosion eantfol stfuetures.
a. At a minimum, the erosion control plan shall follow the Construction Site
Stotmwater Runoff Control standards set within the City's Engineering Design
Standards and contain the following information:
11 Erosion Control
21 Sediment Control Practices
31 Temporary Sediment Basins
(4) Dewatering and Basin Draining
51 Inspection and Maintenance
61 Pollution Management Measures/Construction Site Waste Control
71 Final Stabilization
(8) Training
K. no For land disturbing activities within the "�nehGfeek Watershed Distfie a
Watershed District's or Watershed Management Organization's jurisdiction, any
other information required for an application by Nfinnehaha Cfeek Watefshe
Distfiet E,-,.siei Gentfel n„'e.the Watershed the District or Watershed Management
Organization.
428.13. Maintenance of erosion and sediment control measures, notification and inspection.
Subdivision 1. It shall be responsibility of the owner/developer to maintain all erosion
control structures in a condition that will ensure continuous functioning of those devices. As a
minimum, maintenance shall meet all requirements of the Minnehah Creek Watershed Distfi t
Efes o„ ee tfo Dulecorresponding Watershed District. If, after the installation of the erosion
control structure, the City Engineer determines that additional measures are needed, they shall be
installed at the expense of the owner.
Subd. 2. Any erosion or sediment that runs off or blows off the site onto adjoining
properties, City streets, storm sewer, etc. shall be the responsibility of the owner or developer for
clean-up and restoration. If the owner fails to properly clean up or restore all areas affected by
erosion, the City will hire a contractor to complete the work and bill the owner for the expenses
associated with the clean-up. Failure to maintain these measures shall be a violation of this
Section.
Subd. 3. The City may require an applicant to provide a bond or other financial guarantee
in form satisfactory to the City and meeting the requirements of the N Nuri ei.,i.,, Gfee, 3x'„tefslie.4
Disifie corresponding Watershed District for financial assurances to guarantee the installation
and maintenance of erosion control measures and compliance with the requirements of this
Section.
Page 4
465507v1 RC160-4
Subd. 4. The owner/developer shall meet all requirements for inspection and notification
specified in the "ter'�aCfeek Watefsh�stfict Ef entre ecorresponding
Watershed District's Rules.
428.15. Penalties for Violation.
The following penalty options are available for violation of this ordina-neeSection:
Subdivision. 1. Notice of Violation. When the City determines that an activity is not
being carried out in accordance with the requirements of this Section, it shall issue a written
notice of violation to the owner of the property. The notice of violation shall contain:
a. The name and address of the owner or Applicant,
b. The address when available or a description of the land upon which the violation is
occurring.
c. A statement specifying the nature of the violation,
d. A description of the remedial measures necessary to bring the development activity
into compliance with this Section and a time schedule for the completion of such
remedial action
e. A statement of the penalty or penalties that shall or may be assessed against the
person to whom the notice of violation is directed, and
f. A statement that the determination of violation may be appealed to the City Engineer
by filing a written notice of appeal within 15 days of service of a notice of violation.
Subd. 42. Stop Work Order. Persons receiving a stop work order will be required to halt
all construction activities immediately. This Stop Work Order will be in effect until the City
confirms that the Land Disturbance Activity is in compliance and the violation has been
satisfactorily addressed. Failure to address a notice of violation in a timely manner may result in
civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in
this Section. step Wet-7k" erdef. it is unlawffi' f r afty pefseft, eithefby Ihe -P1F +tee
efdef may be issued to the land distufbing aetivity until sueh times as adevate ffleastifes af-e
plo me
Subd. 23. Suspension or revocation of permit. The City may suspend or revoke the
permit and permittee shall cease work on the site except for work necessary to remedy the cause
of the suspension. The permittee may request a reinstatement of a suspended or revoked permit
upon correction of the causes for suspension and, if the conditions of the Permit have been
complied with in full, the City shall reinstate the permit.
Subd. 34. issue violation as a misdemeanor. Any person violating a subsection,
subdivision, paragraph or provision of this OfdiftafteeSectlon when that person performs an act
thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or
Page 5
465507v1 RC160-4
declared unlawful, and upon conviction thereof, shall be punished as for a petty misdemeanor,
except as otherwise stated in specific provisions hereof.
Section 2. Section 429 of the Richfield City Code is amended as follows:
429.01. Purpose.
The purpose of these regulations is to achieve the policies described in the City's surface
water management plan relating to wetland management, shoreline and streambank
improvements, stream and lake crossings, dredging, and stormwater management.
429.02. Incorporation by reference.
The following tied into this S eetion by f efef enee.
The City's Engineering Design Standards are incorporated into this Section by
reference. The standards shall serve as the official guide for stormwater principles, methods, and
practices for proposed development activities. The City's Engineering Design Standards are
incorporated into this Section by reference.
429.03. Definitions.
Subdivision 1. For purposes of this Section, the following terms have the meanings set
forth below.
Subd. 2. Best Management Practices (BMPs). The BMPs identified in the SWPPP and
this permit must be selected, installed, and maintained in an appropriate and functional manner
that is in accordance with relevant manufacturer specifications and accepted engineering
practices.
the Minnesota Pellution Contfol
' cc
Noteeting Watef Quality in
Urban ", dated Oetebef 1989 „na as amended.
429.05. Stormwater Management for Land Altering Activities.
Subdivision 1. Administration. The City c-Council hereby designates the Director of
Public Works as the administrator of this Section.
Subd. 2. Application. Stormwater management plans shall be reviewed and approved
under the existing building permit review process. The applicant must include the requirements
of this Section in the plans submitted as part of the building permit review.
Subd. 3. Stormwater Management Regulations Out-side ej' the AMiiie'a'a Gree'
4;ii ei, ea nkti-ie Residential development proiects with land disturbing activities of one acre
or greater, or any commercial, industrial, institutional or mixed- use development with land
disturbing activities of 1/2 acre or greater shall submit a stormwater management plan that meets
the criteria of the City's Engineering Design Standards to the City prior to construction. T-he
Page 6
465507v1 RC160-4
following table 1 outlines these aetivities that require no peftnit and these aetivities that fequife
City's
permits far stofmwatef management as outlined in the
T\Tirniel,al,a Cf eek Watofshe,J Dist,•;,.t.
TTS
P"jeet Requirements
No RAM Mlatei= Watef
permit quantity quality
Cll ol
&) Single family home eOffStVde6Off
(''
b) onstfuet;,.,•, o loss than '7 . e �,/C„4„J;yis Y-
�7 1 density oFless e tha of equal to 2 aefes
Residential subdivision between 9 and 20 aefes Y-
Boll Residential l s„bdi ; e tef than , equal to
�
7 20 aefe$
Multi unit fesidential development
W/Cab„ iyisior 1 lessth n 4 nits/Su d—iV*
Y�
7 iteres J leas tha,, G iteres
1•,ll Multi unit side ,,
t; 1 development g oat th„
�
of o,.,,,,1 to G ----e- --,,,1 lo__ th -- 4 aefes
;l Multi unit residential development ot elo•.,,�
„ e greater t tha X X X
�l $
o development oFless e than ',- aere
l-1 CoLatae fe „1dust. „1 institutional, of mixe J x x
use meiiCVfgFeZatef than e and less
than Q aefes
o Je.,el .me,,t „Fgfeatef tl,a,, 4
in-) Maiee. impfovement, of eonst,•„_t_e VF x
„b.lie of pfiva4e,• a,J stfeet highway
1,.t that does et fesult; of ;
Page 7
465507vl RC160-4
lot that r ults ; of inerea se imp
„fee efless that 1
e} Mai-rrtetiattee, impfevement, of - --.tydetie of
publie or private read, street, highway-,
sidewalk, tra'l,ethef lineafpfe j e et of pafkl-rtg
lot that f „1l., in of ;
see of greateth n I aere and the rejeet
af ea is loss that 5 aef es
sidewalk, trail, etherlineaf pfejeet of pafknfg
lot that f „1l., in of ;
see of greaterth n I aere fflid the prejeet
af ea is mef o that 5 aefes
a. Stormwater runoff discharge rates may not exceed the existing conditions for the
one-, ten-, and 100-year storm events. If the increase in imperviousness is 50
percent or greater, the discharge rate requirements must be based on pre-
development conditions.
b. Stormwater runoff to a landlocked area that cannot handle the increased runoff must
maintain runoff volumes to the existing conditions.
a4iiitiala-vefage Femoval basis.
dc. Stormwater ponds must have a ten-foot, 10:1 bench, two (2) feet of freeboard, and
must remove floatables from a one-year event.
ed. Sidewalks and trails that do not exceed ten (10) feet in width and are bordered by a
pervious buffer of at least five (5) feet on each side are not included in calculations
for net increase in impervious surface.
fe. Water quality and quantity provision requirements may be waived by the
administrator if a downstream facility is in place or will be constructed and the
facility is designed to accommodate the stormwater runoff from the project.
gf. The requirements of this ei:dinanee Section may be waived by the administrator or
boafa of adjustments .,ra appe lythe City Engineer if it is determined that meeting
the requirements of this Subsection on site is not feasible.
Subd. 4. Performance criteria for stormwater management. Unless determined by the
City to be exempt or granted a waiver, all site designs shall establish Stormwater Management
Practices to control the peak flow rates and pollutants of stormwater discharge associated with
Page 8
465507v1 RC160-4
specified design storms and runoff volumes. as detailed in the City's Engineering Design
Standards.
Subd. 45. Stormwater Management Regulations in the Minnehaha Creek Watershed
District ("MCWD"). In the area of the jurisdiction of the Minnehaha Creek Watershed District,
no one may create new or replace existing pervious surface or change the contours of a parcel of
land in a way that affects the direction, peak rate, volume, or water quality of runoff flows from
the parcel or subdivide a parcel of one (1) acre or more in size into three (3) or more lots without
first submitting a stormwater management plan to the City Director of Public Works and
securing a permit from the City approving the plan.
a. New development, redevelopment, subdivision of land and linear transportation
projects must comply with applicable requirements of the MCWD Stormwater
Management Rule.
b. Activities that are exempt from the MCWD Stormwater Management Rule are
exempt from this Section.
C. An applicant must meet the requirements of, and provide a stormwater management
plan that includes all information required by, the MCWD Stormwater Management
Rule unless otherwise directed by the Director of Public Works.
Subd. 56. Financial assurance. The City may require a performance bond, letter of
credit or other financial assurance for any project that requires installation of stormwater best
management practices. The financial assurance shall be maintained until the stormwater best
management practice has been constructed and stabilized.
Subd. 67. Compliance with plan and maintenance of facilities.
a. Projects shall be constructed and maintained in accordance with the approved
stormwater management plan, the City's Engineering Design Standards and any
conditions imposed by the City.
b. All stormwater management structures and facilities must be designed for
maintenance access and properly maintained in perpetuity to assure that they
continue to function as designed.
C.
Peftnit appliea-nts must pfovide a maintenanee plan that identifies and pfoteets the
maintena4iee deela alio .The Responsible Party shall enter into a Maintenance
Agreement with the City that documents all responsibilities for operation and
maintenance of all permanent storm water management facilities. Such
responsibility shall be documented in a maintenance plan and executed through a
Maintenance Agreement. The Maintenance Agreement shall be executed and
Page 9
465507v1 RC160-4
recorded against the parcel. The stoimwater Maintenance Agreement shall be in a
form approved by the City and shall describe the inspection and maintenance
obligations of this Section and shall, at a minimum:
11 Designate the Responsible Party who is permanently responsible for
maintenance of the structural and nonstructural measures.
21 Pass responsibilities for such maintenance to successors in title.
31 Allow the City and its representatives the right-of-entry for the purposes of
inspecting all permanent storm water management facilities.
41 Allow the City the right to maintain the facility if necessary maintenance is
not performed within 60 calendar days after a written notice has been sent to
the responsible party of the permanent storm water management facility.
(5) Include a maintenance plan that contains,but is not limited to the following:
"a Identification of all structural permanent storm water facilities.
A schedule for regular inspection, monitoring, and maintenance of each
practice. Monitoring shall verify whether the practice is functioning as
designed and may include, but is not limited to quality, temperature, and
quantity of runoff.
" Identification of the Responsible Party for conducting the inspection,
monitoring and maintenance for each practice.
"d Include a schedule and format for reporting compliance with the
maintenance agreement to the City.
d. The issuance of a permit constitutes a right-of-entry for the City or its contractor
to enter upon the construction site. The applicant shall allow the City and its
authorized representatives, upon presentation of credentials. to:
fD Enter upon the permitted site for the purpose of obtaining information
examination of records, conducting investigations or surveys.
2 Bring such equipment upon the permitted development as is necessary to
conduct such surveys and investigations.
Examine and copy any books, papers, records, or memoranda pertaining to
activities or records required to be kept under the terms and conditions of the
Inspect the stormwater pollution control measures.
-5�- Sample and monitor any items or activities pertaining to stormwater pollution
control measures.
Page 10
465507v1 RC160-4
Correct deficiencies in stotmwater and erosion and sediment control
measures.
Subd. S. Inspection of Storm Water Management Facilities.
a. Inspection programs shall be established on any reasonable basis, including but not
limited to: routine inspections: random inspections; inspections based upon
complaints or other notice of possible violations; inspection of drainage basins or
areas identified as higher than typical sources of sediment or other contaminants or
pollutants; inspections of businesses or industries of a type associated with higher
than usual discharges of contaminants or pollutants or with discharges of a type
which are more likely than the typical discharge to cause violations of state or
federal water or sediment quality standards or the NPDES permit; and ioint
inspections with other agencies inspecting under environmental or safety laws.
Inspections may include, but are not limited to, reviewing maintenance and repair
records; sampling discharges, surface water, groundwater. and material or water in
drainage control facilities; and evaluating the condition of drainage control facilities
and other storm water management practices.
When any new storm water management facility is installed on private
property, or when any new connection is made between private property and a
public drainage control system, sanitary sewer, or combined sewer; the
property owner shall grant to the City the right to enter the property at
reasonable times and in a reasonable manner for the purpose of inspection.
This includes the right to enter a property when the City has a reasonable basis
to believe that a violation of this Section is occurring or has occurred, and to
enter when necessary for abatement of a public nuisance or correction of a
violation.
2 The Director of Public Works, or designated representative, shall inspect all
storm water management facilities during construction, during the first year of
operation, and at least once every five years thereafter. The inspection records
will be kept on file at the public works department for a period of 6 years. It
shall be the responsibility of the applicant to obtain any necessary easements
or other property interests to allow access to the storm water management
facilities for inspection and maintenance purposes.
bf. Records of Installation and Maintenance Activities. The Responsible Party shall
make records of the installation and of all maintenance and repairs of the storm
water management facilities, and shall retain the records for at least three (31 years.
These records shall be made available to the City during inspection of the storm
water management facilities and at other reasonable times upon request.
Page 11
465507v1 RC160-4
cg. Failure to Maintain Practices. If a Responsible Party fails or refuses to meet the
requirements of the Maintenance Agreement, the City, after reasonable notice, may
correct a violation of the design standards or maintenance needs by performing all
necessary work to place the storm water management facility in proper working
condition. In the event that the storm water management facility becomes a danger
to public safety or public health, the City shall notify the Responsible Party in
writing. Upon receipt of that notice, the Responsible Party shall have thirty days to
perform maintenance and repair of the facility in an approved manner. After proper
notice, the City may specially assess the owner(s) of the storm water management
facility for the cost to maintain the practice and any penalties: and the cost of the
work shall be assessed against the property and collected along with ordinary taxes
by the county.
Subd. 79. Construction standards. The design and construction criteria for stormwater
management plans outlined in the City's surface water management plan, the City's Engineering
Design Standards, and the NIPC^ "WateetionVatef Qualit., i T Trb r ^re-as"Minnesota
Stormwater Manual, as amended, shall be utilized as the construction standards for these
regulations. These criteria are on file in the City engineering office.
.
aeeefda+tee with the �1 etl ,i,1 Pfeteeti.,, Rule of the T f('')AID
Sttbd. 7 (Repealed, Bill No-2011 20
Subd. 3 (Repealed, Bill No 2011 264
Sttbd. 4. (Repealed, Bill No. 2011026)
429.06. Penalties for Violation.
Subdivision 1. Violation of the provisions of these regulations or failure to comply with
any of its requirements shall constitute a misdemeanor and shall be punishable as defined by law.
Subd. 2. Notice of Violation. When the City determines that an activity is not beim
carried out in accordance with the requirements of this Section, it shall issue a written notice of
violation to the owner of the property. The notice of violation shall contain:
a. The name and address of the owner or Applicant,
b. The address when available or a description of the land upon which the violation is
occurring,
C. A statement specifying the nature of the violation,
Page 12
465507v1 RC160-4
d. A description of the remedial measures necessary to bring the development activity
into compliance with this Section and a time schedule for the completion of such
remedial action,
e. At statement of the penalty or penalties that shall or may be assessed against the
person to whom the notice of violation is directed, and
f. A statement that the determination of violation may be appealed to the City
Engineer by filing a written notice of appeal within 15 days of services notice of
violation.
Subd. 3. Stop Work Order. Persons receiving a stop work order will be required to halt
all construction activities immediately. This Stop Work Order will be in effect until the Citv
confirms that the Land Disturbance Activity is in compliance and the violation has been
satisfactorily addressed. Failure to address a notice of violation in a timely manner may result in
civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in
this Section.
Subd. 4. Civil or Criminal Penalties. In addition to or as an alternative to any penalty
provided herein or by law, any person who violates the provisions of this Section shall be guilty
of a misdemeanor and subject to prosecution. Such person shall be guilty of a separate offense
for each day during which the violation occurs or continues.
Subd. 5. Restoration of Lands. Any violator may be required to restore land to its
undisturbed condition. In the event that restoration is not undertaken within a reasonable time
after notice, the Cit
y may take necessary corrective action, the cost of which may, after notice
and opportunity for hearing, be specially assessed against the property and collected along with
the ordinary taxes by the county.
Subd. 6. Appeals. Any person aggrieved by the action of any official charged with the
enforcement of this Section, as the result of the disapproval of a properly filed application for
a proval, issuance of a written notice of violation, or an alleged failure to properly enforce this
Section in regard to a specific application, shall have the right to appeal the action to the Citv
Engineer.
a. The Applicant shall submit the appeal in writing and include supporting
documentation.
b. City staff shall make a decision on the appeal within 15 business days of receipt of
a complete appeal application.
C. The Applicant may appeal the decision of city staff to the City Manager This
appeal must be filed with the City Manager within 30 days of City staff's decision.
Subd. 2. Nothing her-ein eontained shall pfevent the City of Riehfield from taking sueh
Page 13
465507v1 RC160-4
Offleial may utilize the full affay of efifefeement aetions available to the guilt
1
the admiiiist+a4of of Building Offieial, the situation shall immediately be
investiga4ed. Doeumentation of the natttfe and extent of the viola4ioii of the offieial
e. The administfator must notify the suspeeted pa-Ay of the requirements of this
viola4ioii of these eont+o1s. if the stvaetiffe of use is tt*def eetistfuelion of
development, the A`lcrmrrnist--fater may order the eanstmetieft orelo mieni
immediately halted until a pfopef pefmit is ganted by the City. if the
of development is alfeady eompleted, then the admiiiist+a4of may eillief.: a) issue a
ofdef ideiitil�4iig the eoffeetive aetions that must be made within a speeified ti
nolify -— fes ---- pa-14y to apply f6 --- aftef -— faet r- _ .it a `r
eeified
pefied of time fiat to exeeed 30 days,
Building Offieial within the speeified pefiod of time, eaeh additional day tha4 lapses
eenstitutes an additional violation of this Fegulatieft and may be proseeuted
the ViOlfftiffi of this FegUlfftiffi.
Section 3. This Ordinance will be effective in accordance with Section 3.09 of the
City Charter.
Adopted this day of 12015.
By:
Debbie Goettel, Mayor
ATTEST:
By:
Elizabeth VanHoose, City Clerk
Page 14
465507v1 RC160-4
RESOLUTION NO.
RESOLUTION APPROVING SUMMARY PUBLICATION OF
AN ORDINANCE AMENDMENT TO SECTION 428 AND 429
OF THE RICHFIELD CITY CODE WHICH PERTAINS TO
EROSION AND SEDIMENTATION CONTROL
REGULATIONS AND WATER RESOURCE MANAGEMENT
REGULATIONS
WHEREAS, the City has adopted the above referenced amendment to the
Richfield City Code; and
WHEREAS, the verbatim text of the ordinance is cumbersome, and the expense of
publication of the complete text is not justified.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield
that the following summary is hereby approved for official publication:
SUMMARY PUBLICATION
BILL NO. 2015-
AN ORDINANCE AMENDING CITY CODE SECTION 428 PERTAINING TO
EROSION AND SEDIMENTATION CONTROL REGULATIONS AND
SECTION 429 PERTAINING TO WATER RESOURCE MANAGEMENT
REGULATIONS
On September 22, 2015, the Richfield City Council adopted an ordinance
designated as Bill No. , the title of which is stated above. This summary of
the ordinance is published pursuant to Section 3.12 of the Richfield City Charter.
The purpose of this ordinance amendment is to update references to outdated
guidance and design criteria, and incorporate the City's new Engineering Design
Standards document by reference; the City's Engineering Design Standards outlines
specific guidance and design criteria for erosion and sediment control practices and post-
construction stormwater management that meets the requirements of the new MS4 permit.
This ordinance amendment updates references to local watershed management
organizations to include Nine Mile Creek Watershed District and the Richfield-Bloomington
Watershed Management Organization. This ordinance amendment provides conditions
for the long-term operation and maintenance of post-construction stormwater best
management practices. This ordinance amendment also updates enforcement response
mechanisms (i.e. Notice of Violation) to necessitate compliance with the City's ordinance.
BE IT FURTHER RESOLVED, that the City Clerk is directed to keep a copy of
the Ordinance in her office at City Hall for public inspection during normal business
hours and to post a full copy of the Ordinance in a public place in the City for a period of
468015v1 MDT RC1 60-4
two weeks. Copies of the ordinance are also available upon request by calling the Public
Works Department at (612) 861-9170.
Adopted by the City Council of the City of Richfield, Minnesota, this 22nd day of
September, 2015.
Debbie Goettel, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
468015v1 MDT RC1 60-4
=099A
Engineering Design Standards
for Stormwater Management
City of Richfield
April 2015
Prepared by WSB & Associates
A
WSB
&Associates,Inc.
Engineering Design Standards
TABLE OF CONTENTS
1. Design Overview ................................................................................................................ 2
2. Definitions........................................................................................................................... 2
3. Procedure for Reviewing Stormwater Management Plans................................................. 4
4. Submittal Requirments........................................................................................................ 5
5. Acceptable Stormwater Practices ....................................................................................... 9
6. Construction Site Stormwater Runoff Control ................................................................... 9
7. Guidance on Stormwater Treatment Practices (STPs)...................................................... 17
8. Stormwater Management.................................................................................................. 17
9. Minnehaha Creek Watershed District(MCWD) .............................................................. 24
10. Nine Mile Creek Watershed District(NMCWD)............................................................. 26
11. Stormwater Treatment Practice Design Standards ........................................................... 26
12. Design Examples .............................................................................................................. 32
13. Stormwater Treatment Practice Detail Drawings ............................................................. 32
14. Construction Specifications.............................................................................................. 32
15. Checklists.......................................................................................................................... 32
APPENDICES
Appendix A Stormwater Management Plan Review Checklist
Appendix B Erosion and Sediment Control Inspection Form
Appendix C Maintenance Agreement
Appendix D Watershed District Boundary Map
Appendix E Richfield's Drinking Water Supply Management Area (DWSMA) Map
Appendix F Standard Details
Engineering Design Standards
City of Richfield,MN
WSB Project No.2092-460 Page]
Engineering Design Standards
1. DESIGN OVERVIEW
The City of Richfield's Stormwater Pollution Prevention Plan (SWPPP) identifies the goals and
policies that define the City's stormwater management program, which are implemented via the
City Water Resource Management Code (Chapter IV, Section 429) and these Engineering
Design Standards. Richfield's stormwater requirements were written to meet the City's goals to
preserve, protect, and manage its water resources as well as to meet federal, state, and watershed
stormwater regulations and to meet the following objectives:
1. Minimize increases in stormwater runoff rates from any development in order to reduce
flooding, siltation and erosion and in order to maintain the integrity of stream channels,
2. Minimize increases in nonpoint source pollution caused by stormwater runoff from
development which would otherwise degrade local water quality,
3. Minimize the total annual volume of surface water runoff that flows from any specific
site during and following development so as not to exceed the predevelopment
hydrologic regime to the maximum extent practicable,
4. Ensure that these management controls are properly maintained and pose no threat to
public safety, and
5. Implement stormwater management controls to help meet current and future total
maximum daily load(TMDL) goals, to address the need to improve water quality, and to
meet objectives in the Local Surface Water Management Plan.
2. DEFINITIONS
For the purpose of this Design Manual, the following definitions describe the meaning of the
terms used in this Design Manual:
Applicant means a property owner or agent of a property owner who has filed an application
for a Stormwater Management Permit.
Applicability means any land disturbing activity requiring a City of Richfield Stormwater
Management Plan as defined in City Code Chapter TV, Section 429: Water-Resources
Management.
Channel means a natural or artificial watercourse with a definite bed and banks that conducts
continuously or periodically flowing water.
hnpervious Area means those surfaces that cannot effectively infiltrate rainfall (e.g.,building
rooftops, pavement, sidewalks, gravel, driveways, swimming pools, etc.).
Engineering Design Standards
City of Richfield,MN
WSB Project No.2092-460 Page 2
Engineering Design Standards
Land Disturbance Activity means any activity that changes the volume or peak discharge rate
of stormwater runoff from the land surface. This may include the grading, digging, cutting,
scraping, or excavating of soil,placement of fill materials,paving, construction, substantial
removal of vegetation, or any activity that bares soil or rock or involves the diversion or
piping of any natural or fabricated watercourse.
Maintenance Agreement means document recorded against the property which provides for
long-term maintenance of stoimwater treatment practices.
Nonpoint Source Pollution means pollution from any source other than from any discernible,
confined, and discrete conveyances, and shall include but not be limited to,pollutants from
agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.
Off-Site Facility means a stormwater management measure located outside the subject
property boundary described in the permit application for land development activity.
Redevelopment means land-disturbing activity that creates or replaces impervious surface on
a parcel that is fully or partially occupied by buildings and/or impervious surface with the
exception of linear transportation projects.
Responsible Party means the entity which will be responsible for ownership and maintenance
of Stormwater Treatment Practices.
Stop Work Order means an order which requires that all construction activity on a site be
stopped.
Stormwater Management means the use of structural or non-structural practices that are
design to reduce stormwater runoff pollutant loads, discharge volumes, and/or peak discharge
rates.
Stormwater Management Plan means a set of drawings or other documents submitted by a
person as a prerequisite to obtaining a stormwater management approval, which contains all
of the required information and specifications pertaining to Stormwater Management.
Stormwater Review means review of any residential development project with land
disturbing activities of one acre or greater, or any commercial, industrial, institutional or
mixed use development with land disturbing activities of 1/Z acre or greater. The review will
be completed to evaluate compliance with the City of Richfield's water quality and water
quality requirements as specified in these standards.
Engineering Design Standards
City of Richfield,MN
WSB Project No.2092-460 Page 3
Engineering Design Standards
Stormwater Runoff means flow on the surface of the ground, resulting from precipitation.
Storinwater Treatment Practices (STPs) means measures, either structural or nonstructural,
that are determined to be the most effective and practical means of preventing or reducing
point source or nonpoint-source pollution inputs to stormwater runoff and waterbodies.
Water Quality Volume (WQ„) means that runoff storage volume needed to treat the specified
phosphorus loading as determined in the Richfield Engineering Design Standards.
Watercourse means a permanent or intermittent stream or other body of water, either natural
or fabricated, which gathers or carries surface water.
Watershed means the total drainage area contributing runoff to a single point.
3. PROCEDURE FOR REVIEWING STORMWATER MANAGEMENT
PLANS
Any residential development project with land disturbing activities of one acre or greater, or any
commercial, industrial, institutional or mixed use development with land disturbing activities of
1/2 acre or greater will require the submittal of a Stormwater Management Plan. In lieu of
preparation of a Stormwater Management Plan, projects disturbing less than I acre and down to
5,000 square feet or will result in greater than 50 cubic yards of cut and fill will be required to
develop an Erosion Control Plan addressing the requirements of Section 6 of these standards.
The following activities are exempt from the requirement of an Erosion Control Plan:
I. The disturbed or fill area is less than 5,000 square feet in area; and
2. The volume of soil or earth material stored or moved is 50 cubic yards or less; and
3. No drainageway is blocked or has its stormwater carrying capacities or characteristics
modified; and
4. The activity does not take place within 100 feet by horizontal measurement from the top
of the bank of the watercourse, the ordinary high water mark of the water body, or the
ordinary high water mark of a wetland associated with a watercourse or water body.
The general review process, from the submittal of the concept and final plans to the issuance of
the Stormwater Management Plan approval, is summarized in the following steps:
1. Determine if the project falls with the Minnehaha Creek Watershed District (MCWD) or
the Nine Mile Creek Watershed District (NMCWD).
Engineering Design Standards
City of Richfield,MN
WSB Project No.2092-460 Page 4
Engineering Design Standards
2. Determine what stormwater management provisions apply(stormwater management,
erosion control, buffers, floodplain management).
3. What permits, or approvals, are required for the project site, and what waivers and/or
exemptions are applicable (ACOE, DNR, MPCA, Watershed District, WCA, etc.)
4. Determine if the project falls within the 1-year capture zone of the Wellhead Protection
Plan.
5. Are the selected practices appropriate for this site?
6. Are the practices designed to meet the minimum performance criteria?
7. Does the Plan meet other resource protection requirements as specified in the City of
Richfield Code (i.e. shoreland alteration, tree preservation, etc.)?
8. Does the Plan meet stormwater management provisions of the MCWD or the NMCWD?
9. Are provisions for long-term maintenance adequate, including access and methods for-
maintenance defined?
Additionally, depending on whether the project falls within the MCWD or the NMCWD,
additional permits and other requirements may apply. The MCWD and the Richfield-
Bloomington Watershed Management Organization (RBWMO) do not have permitting authority
in the City of Richfield; therefore projects that fall within the jurisdiction of the MCWD or
RBWMO may require review by the entity,but will ultimately be permitted by the City.
4. SUBMITTAL REQUIRMENTS
Requirements for Stormwater Management and Erosion Control Plan Approval
Stormwater Management Plan Required
No stormwater management permit will be approved unless it includes a Stormwater
Management Plan detailing how runoff and associated water quality impacts resulting from the
development will be controlled or managed(note the exceptions in Section 3). This plan must
indicate whether stormwater will be managed on-site or off-site and, if on-site, the general
location and type of practices.
The Stormwater Management Plan must be signed by a licensed professional engineer in the
State of Minnesota, who will verify that the design of all stormwater management practices meet
the requirements outlined in the Plan Review Checklist found in Appendix A. No building
permit, demolition permit, sediment control permit, or subdivision approval shall be issued until
a satisfactory final Stormwater Management Plan, or a waiver thereof, shall have undergone a
review and been approved by the City after determining that the plan waiver is consistent with
the requirements of this manual.
Engineering Design Standards
City of Richfield,MN
WSB Project No.2092-460 Page 5
Engineering Design Standards
Stormwater Management Conceptual Plan Requirements (Optional)
A stormwater management concept plan submittal is optional, but highly encouraged. A concept
plan identifies basic site information, locations of proposed development features, and
preliminary locations and sizing of STPs. The concept submittal has a greater chance of
identifying major obstacles and can facilitate alternative stormwater management arrangements
in a timely fashion and at the onset of project planning. If a concept plan is submitted for
review, it should include sufficient information (e.g., maps, basic hydrologic and water quality
calculations etc.) to evaluate the environmental characteristics of the project site. This
information should show the potential impacts of all proposed development of the site, both
present and future, on the water resources, and show the effectiveness and acceptability of the
measures proposed for managing stormwater generated at the project site. The intent of this
conceptual planning process is to determine the type of stormwater management of stormwater
runoff form future development, and to identify major issues prior to completing final plans.
The concept plan is less time consuming and more efficient to evaluate proposed development
plans with this step of the review process.
The final plan provides more detailed design information for the proposed STPs, and includes
much more detail in terms of hydrologic conditions and site features.
For redevelopment an applicant should include within a concept plan measures for controlling
existing stormwater runoff discharges and water quality from the site in accordance with the
standards of this Manual. After review of the concept plan and modifications are made to that
plan as deemed necessary by the City, a final Stormwater Management Plan may be submitted
for approval.
Stormwater Management Plan Requirements (Required)
Record drawings are required for all projects that impact wetlands and/or the floodplain, require
water quality ponding, have significant grade changes, and/or have other unusual circumstances.
Record drawings must be certified by a professional land surveyor or civil engineer. (Record
drawings should not include temporary erosion control measures.)
Plan Details
❑ North arrow, street names, and lot and block numbers for property or subdivision
❑ Location of benchmark, based on the City/County benchmark system
❑ Key with all line types, symbols, shading, and cross-hatching denoted for each sheet
❑ Illustration key showing symbols for all information pertaining to lot and building design,
including grades, easements, lot and block, setbacks, etc...
❑ Plan scale (shown graphically on a bar scale) of. 1 inch= 20 feet, 1 inch= 30 feet, 1 inch=
40 feet, or 1 inch= 50 feet. Plans in other scales will not be reviewed.
Engineering Design Standards
City of Richfield,MN
WSB Project No.2092-460 Page 6
Engineering Design Standards
❑ Total area of subject property, with subtotals of disturbed and undisturbed areas (tabulation
permitted)
❑ Subject property's boundary lines, lot lines, easements (with document numbers, if
applicable) and right of way lines
❑ All existing and proposed drainage and utility easements (with document numbers, if
applicable)
❑ All man-made features, including existing and proposed buildings, structures, and paved
areas
❑ All existing storm sewer facilities within 50 feet of the subject parcel, with invert elevations,
size and type
❑ All proposed storm sewer facilities (include invert elevations, grades and size of structures)
❑ All existing and proposed natural features including, but not limited to, significant trees and
tree lines, wetlands, ponds, lakes, streams, drainage channels, floodplain, etc. with water
surface elevations and date of survey
❑ Show setbacks and buffers for wetlands, ponds, lakes, streams, and floodplains
❑ All adjacent plats,parcels, rights-of-way, section lines, extended a minimum of 100 feet (50
feet for single family home construction)beyond the subject parcel in all directions
❑ Crossing out of incorrect information (elevations, distances, etc.) will not be allowed on
record plans. Incorrect information must be cleanly removed and replaced with the correct
record plan information. Proposed elevations and lengths that are not changed should be
check-marked to indicate them as being as- built, and the complete as-built layout and
location shall be shown.
Topography
❑ Topography details at a minimum of one-foot contour intervals with existing contours as
dashed lines and proposed contours as dark, solid lines, labeled at each edge of the plan and
at other appropriate locations to clarify the elevations
❑ Standard lot benching detail, where appropriate (maximum slopes 3:1)
❑ Direction arrows indicating swales and lot drainage patterns (show percent grades along
drainage swales on plan)
Elevation Information
❑ Proposed top of curb elevations at lot corners and driveway or entrances
❑ Finished spot elevations at all high and low points
❑ Proposed elevations at garage and lowest floor for proposed and existing construction
❑ Proposed finished ground elevations around home for final grading
❑ Grade elevation at the foundation and elevation of top of foundation of structures on adjacent
lots
Engineering Design Standards
City of Richfield,MN
WSB Project No.2092-460 Page 7
Engineering Design Standards
❑ Lowest point of entry(i.e. door sill or top of window well) of proposed and existing
construction
❑ Low building opening elevation with freeboard to emergency overflow from site
❑ Soil boring locations with groundwater elevation
❑ Low floor elevation freeboard to groundwater, if applicable
❑ Low floor elevation freeboard to basin or pond HWL
Temporary Erosion Control Best Management Practices (BMPs)
Show location of all structural erosion control measures (with standard detail plates and
maintenance information for each), including, but not limited to:
❑ Temporary rock entrance/exit for all vehicle access points (show on plan and provide detail)
❑ Perimeter silt fence; silt fence and/or-bale checks should also be placed along swales or-
slopes greater than 50 feet in length (flare ends of silt fence up slope)
❑ Storm sewer inlet filters (indicate type and show graphically on plan at each location)
❑ Temporary sediment basins
❑ Erosion control mats, fiber blankets, netting, temporary seed, or temporary mulch. All
exposed soil areas must be stabilized as soon as possible to limit soil erosion but in no case
later than 14 days after the construction activity in that portion of the site has temporarily or
permanently ceased and no later than seven (7) days after construction activity in that portion
of the site has temporarily or permanently ceased when discharge points on the project is
within one mile of a special or impaired water and flows to that special or impaired water.
❑ Soil stockpile areas (indicate temporary stabilization measures)
❑ Street Sweeping Required
Plans must include a note indicating that all adjacent streets will be swept daily, or as
directed by the City, to remove all accumulated materials. Failure to perform any street
sweeping within 24 hours of notice by the City will result in the work being performed by the
City and all associated costs billed.. The City also requires removal of accumulated materials
on streets during winter.
Final Stabilization
New resident construction requires vegetated stabilization from the front curb line to the back of
the structure for the entire width of the lot. Show seeding and/or turf establishment locations and
specifications, including:
❑ Type of seeding (permanent, temporary, dormant)
❑ Seed type and application rate
❑ Fertilizer type and application rate
❑ Mulch type, application rate, and method of anchoring
❑ Specifications for installation and maintenance of erosion control mats, blankets, or netting
❑ Note requiring seeding/restoration to be completed within 48 hoursof final grading
Engineering Design Standards
City of Richfield,MN
WSB Project No.2092-460 Page 8
Engineering Design Standards
❑ Location of all areas to be vegetated
Tree Preservation
Show the following standards when a Tree Preservation Permit is required (see Tree Preservation
ordinance for more requirements and information).
❑ Identify, tally, and locate all significant trees on site (tally and show graphically on plan).
❑ Identify, tally, and locate all significant tree removals on site (tally and show graphically on
plan).
❑ Use tally information and calculations from ordinance to determine if mitigation is required.
❑ If mitigation is required, provide separate landscape plan identifying requirements.
❑ Show location of all tree preservation fencing required by ordinance specifications (heavy-
duty silt fence can also be used for tree protection).
5. ACCEPTABLE STORMWATER PRACTICES
Low Impact Design (LID)practices are encouraged when they can be functionally incorporated
into the design. Alternative practices may be approved at the discretion of the City Engineer.
6. CONSTRUCTION SITE STORMWATER RUNOFF CONTROL
6.1 Erosion Control
1. The Permittee must plan for and implement appropriate construction phasing
vegetative buffer strips, horizontal slope grading, and other construction practices
to minimize erosion. All areas not to be disturbed shall be marked (e.g. with flags,
stakes, signs, silt fence etc.) on the project site before any work begins.
2. All exposed soil areas must be stabilized as soon as possible to limit soil erosion
but in no case later than 14 days after the construction activity in that portion of
the site has temporarily or permanently ceased and no later than seven (7) days
after construction activity in that portion of the site has temporarily or
permanently ceased when discharge points on the project is within one mile of a
special or impaired water and flows to that special or impaired water.
3. Additional BMPs together with enhanced runoff controls are required for
discharges to special waters and impaired waters. The BMPs identified for each
special or impaired water are required for those areas of the project draining to a
discharge point on the project that is within one mile of a special or impaired
water and flows to that water. The additional BMPs are identified in Appendix A
of the NPDES Construction General Permit.
4. The permittee must stabilize the normal wetted perimeter of any temporary or
permanent drainage ditch or swale that drains water from any portion of the
construction site, or diverts water around the site, within 200 lineal feet from the
property edge, or from the point of discharge into any surface water. Stabilization
Engineering Design Standards
City of Richfield,MN
WSB Project No.2092-460 Page 9
Engineering Design Standards
of the last 200 lineal feet must be completed within 24-hours after connecting to a
surface water or property edge.
5. Pipe outlet must have temporary or permanent energy dissipation before
connecting to surface water.
6. When possible, all slopes must be graded in such a fashion so that tracking marks
made from heavy equipment are perpendicular to the slope.
7. All areas disturbed during construction must be restored as detailed in these
requirements. The type of permanent restoration shall be clearly shown on the
plans including but not limited to sod, seed, impervious cover and structures. A
minimum of 6 inches of topsoil must be installed prior to permanent restoration.
Areas in which the top soil has been placed and finish graded or areas that have
been disturbed and other grading or site building construction operations are not
actively underway must be temporary or permanently restored as set forth in the
following requirements.
a. Areas with slopes that area less than 3:1 must be seeded and mulched within
14 days of the area not being actively worked.
b. Areas with slopes that area greater or equal to 3:1 must be seeded and erosion
control blanket placed within 14 days of the area not being actively worked.
c. All seeded area must be either mulched and disc anchored, hydro- mulched, or
covered by erosion control blanket to reduced erosion and protects the seed.
Temporary or permanent mulch must be disc anchored and applied at a
uniform rate of 2 tons per acre and have 90% coverage.
d. If the disturbed area will be re-disturbed within a six month period, temporary
vegetative cover shall be required consisting of an approved seed mixture and
application rate.
e. If the disturbed area will not be re-disturbed within a six month period,
permanent vegetative cover shall be required consisting of an approved seed
mixture and application rate.
f. All areas that will not have maintenance done such as mowing as part of the
final design shall be permanently restored using an approved seed mixture and
application rate.
g. Restoration of disturbed wetland areas shall be accomplished using an
approved seed mixture and application rate.
S. All erosion control measures must be maintained for the duration of the project
until final stabilization has been achieved. If construction operations or natural
events damage or interfere with any erosion control measures, they shall be
restored to serve their intended function.
9. Additional erosion control measures shall be added as necessary to effectively
protect the natural resources of the City. The temporary and permanent erosion
Engineering Design Standards
City of Richfield,MN
WSB Project No.2092-460 Page 10
Engineering Design Standards
control plans shall be revised as needed based on current site conditions and to
comply with all applicable requirements
6.2 Sediment Control Practices
1. Sediment control practices must be established on all down gradient perimeters
before any upgradient land disturbing activities begin. These practices must
remain in place until final stabilization has been achieved.
2. If down gradient treatment system is overloaded additional up gradient sediment
control practices must be installed to eliminate overloading. The SWPPP must be
amended to identify the additional practices.
3. All storm drain inlets must be protected by approved BMPs during construction
until all potential sources for discharge have been stabilized. These devices must
be maintained until final stabilization is achieved. Inlet protection may be
removed if a specific safety concern (street flooding/freezing) has been identified.
4. Temporary stockpiles must have silt fence or other effective sediment controls on
the down gradient side of the stockpile and shall not be placed at least twenty five
(25) feet from any road, wetland,protected water, drainage channel, or
stormwater inlets. Stockpile left for more than 14 days must be stabilized with
mulch, vegetation, tarps or other approved means.
5. Vehicle tracking of sediment from project shall be minimized by approved
BMPs. These shall be installed and maintained at the City approved entrances.
Individual lots shall each be required to install and maintained entrances
throughout the construction building until a paved driveway is install.
6. Sediment that has washed or tracked from site by motor vehicles or equipment
shall be cleaned from paved surfaces throughout the duration of construction.
7. Silt fence or other approved sediment control devices must be installed in all
areas as shown on the SWPPP.
8. Silt fence or other approved sediment control devices shall be required along
the entire curb line, except for approved opening where construction entrance
will be installed or drainage flows away from curb. This device must be
maintained until final stabilization is achieved. Ditch checks shall be required
in ditch bottoms. Spacing for the check must be as follows: [Height in feet(of
the sediment device used)]X100/Slope Gradient
9. Dust control measures, such as application of water must be performed
periodically due to weather, construction activity, and/or as directed by the City.
10. Flows from diversion channels or pipes (temporary or permanent)must be
routed to sedimentation basins or appropriate energy dissipaters to prevent the
transport of sediment to outflow or lateral conveyors and to prevent erosion and
sediment buildup when runoff flows into the conveyors.
Engineering Design Standards
City of Richfield,MN
WSB Project No.2092-460 Page I
Engineering Design Standards
11. A concrete washout shall be installed on projects that require the use of
concrete. All liquid and solid wastes generated by concrete washout operations
must be contained in a leak-proof containment facility or impermeable liner. A
sign must be installed adjacent to each washout facility to inform operators to
utilize the proper facilities.
12. All sediment control measures shall be used and maintained for the duration of
the project until final. If construction operations or natural events damage or
interfere with any erosion control measures, they must be restored to serve their
intended function.
13. Additional sediment control measures shall be added as necessary to effectively
protect the natural resources of the City. The temporary and permanent erosion
control plans shall be revised as needed based on current site conditions and to
comply with all applicable requirements.
14. Restrict clearing and grading within 20 feet of an existing wetland boundary
to provide for a protective buffer strip of natural vegetation.
6.3 Temporary/Permanent Sediment Basins
A temporary sediment basin (or permanent) shall be provided when 10 or more acres
of disturbed soil drain to a common location prior to the runoff leaving the site or
entering surface waters. The Permittee is also encouraged, but not required to install
temporary sediment basins in areas with steep slope or highly erodible soils even if
the area is less than ten (10) acres and it drains to one common area. The basins shall
be designed and constructed according to the following requirements:
1. The basins must provide storage below the outlet pipe for a calculated volume of
runoff from a 2-year, 24-hour storm from each acre drained to the basin, except
that in no case shall the basin provide less than 1,800 cubic feet of storage below
the outlet pipe from each acre drained to the basin.
2. Where no such calculation has been performed, a temporary(or permanent)
sediment basin providing 3,600 cubic feet of storage below the outlet pipe per
acre drained to the basin shall be provided where attainable until final
stabilization of the site.
3. Temporary basin outlets will be designed to prevent short-circuiting and the
discharge of floating debris. The basin must be designed with the ability to allow
complete basin drawdown (e.g.,perforated riser pipe wrapped with filter fabric
and covered with crushed gravel,pumps or other means) for maintenance
activities, and provide a stabilized emergency overflow to prevent failure of pond
integrity. Energy dissipation must be provided for the basin outlet.
Engineering Design Standards
City of Richfield,MN
WSB Project No.2092-460 Page 12
Engineering Design Standards
4. Temporary (or permanent)basins must be constructed and made operational
concurrent with the start of soil disturbance that is up gradient of the area and
contributes runoff to the pond.
5. Where the temporary sediment basin is not attainable due to site limitations,
equivalent sediment controls such as smaller sediment basins, and/or sediment
traps, silt fences, vegetative buffer strips or any appropriate combination of
measures are required for all down slope boundaries of the construction area and
for those side slope boundaries deemed appropriate as dictated by individual site
conditions. In determining whether installing a sediment basin is attainable, the
Permittee must consider public safety and may consider factors such as site soils,
slope, and available area on site. This determination must be documented in the
SWPPP.
6. The Permittee shall maintain the sedimentation basins and will remain functional
until an acceptable vegetative cover is restored to the site, resulting in a pre-
development level rate of erosion. The city will not issue building permits for lots
containing sediment basins until they have been removed or relocated based on
the projects restoration progress.
7. Basins designed to be used for permanent stormwater management shall be
brought back to their original design contours prior to acceptance by the City.
6.4 Dewatering and Basin Draining
1. If water cannot be discharged into a sedimentation basin before entering a surface
water it must be treated with the appropriate BMPs, such that the discharge does
not adversely affect the receiving water or downstream landowners. The
Permittee must make sure discharge points are appropriately protected from
erosion and scour. The discharge must be dispersed over riprap, sand bags, plastic
sheeting or other acceptable energy dissipation measures. Adequate sediment
control measures are required for discharging water that contains suspended soils.
2. All water from dewatering or basin draining must discharge in a manner that does
not cause nuisance conditions, erosion in receiving channels, on down slope
properties, or inundation in wetlands causing significant adverse impact to
wetlands.
6.5 Inspections and Maintenance
1. The Permittee shall be responsible for inspecting and maintenance of the BMPs
2. The Permittee must routinely inspect the construction project once every seven
(7) days during active construction and within 24-hours of a rainfall event of 0.5
inches or greater in 24-hours.
Engineering Design Standards
City of Richfield,MN
WSB Project No.2092-460 Page 13
Engineering Design Standards
3. All inspections and maintenance conducted during construction must be recorded
in writing and must be retained with the SWPPP. Records of each inspection and
maintenance activity shall include:
a. Date and time of inspection.
b. Name of person(s) conducting the inspections.
c. Findings of inspections, including recommendations for corrective actions.
d. Corrective actions taken (including dates, times, and the party completing the
maintenance activities).
e. Date and amount of all rainfall events 0.5 inches or greater in 24-hours.
f. Documentation of changes made to SWPPP.
4. Parts of the construction site that have achieved final stabilization,but work
continues on other parts of the site, inspections of the stabilized areas can be
reduced to once a month. If work has been suspended due to frozen ground
conditions, the required inspections and maintenance must take place as soon as
runoff occurs or prior to resuming construction, which ever happens first.
5. All erosion and sediment BMPs shall be inspected to ensure integrity and
effectiveness. All nonfunctional BMPs shall be repaired, replaced or
supplemented with a functional BMP. The Permittee shall investigate and comply
with the following inspection and maintenance requirements.
6. All silt fences must be repaired, replaced, or supplemented when they become
nonfunctional or the sediment reaches 1/2 of the height of the fence. These
repairs shall be made within 24-hours of discovery, or as soon as field conditions
allow access.
7. Temporary and permanent sedimentation basins must be drained and the sediment
removed when the depth of sediment collected in the basin reaches 1/2 the storage
volume. Drainage and removal must be completed within 72-hours of discovery,
or as soon as field conditions allow access.
8. Surface waters, including drainage ditches and conveyance systems, must be
inspected for evidence of sediment being deposited by erosion. The Permittee
shall remove all deltas and sediment deposited in surface waters, including
drainage ways, catch basins, and other drainage systems, and restabilize the areas
where sediment removal results in exposed soil. The removal and stabilization
shall take place within seven (7) days of discovery unless precluded by legal,
regulatory, or physical access constraints. The Permittee shall use all reasonable
efforts to obtain access. If precluded, removal and stabilization shall take place
within seven (7) calendar days of obtaining access. The Permittee is responsible
for contacting all local,regional, state and federal authorities and receiving any
applicable permits, prior to conducting any work.
Engineering Design Standards
City of Richfield,MN
WSB Project No.2092-460 Page 14
Engineering Design Standards
9. Construction site vehicle exit locations shall be inspected for evidence of off-site
sediment tracking onto paved surfaces. Tracked sediment shall be removed from
all off-site paved surfaces, within 24-hours of discovery, or if applicable, within a
shorter time.
10. The Permittee is responsible for the operation and maintenance of temporary and
permanent water quality management BMPs, as well as all erosion prevention and
sediment control BMPs, for the duration of the construction work at the site. The
Permittee is responsible until another Permittee has assumed control over all areas
of the site that have not been finally stabilized or the site has undergone final
stabilization, and a NOT has been submitted to the MPCA.
11. If sediment escapes the construction site, off-site accumulations of sediment shall
be removed in a manner and at a frequency sufficient to minimize off-site impacts
(e.g., fugitive sediment in streets could be washed into storm sewers by the next
rain and/or pose a safety hazard to users of public streets).
12. All infiltration areas shall be inspected to ensure that no sediment from ongoing
construction activities is reaching the infiltration area and these areas are
protected from compaction due to construction equipment driving across the
infiltration area.
6.6 Pollution Management Measures/Construction Site Waste Control
1. The Permittee must implement the following pollution prevention management
measures on the site.
a. Solid Waste—Collected sediment, asphalt and concrete millings, floating
debris, paper, plastic, fabric, construction and demolition debris and other
wastes must be disposed of properly and must comply with MPCA disposal
requirements.
b. Hazardous Materials such as oil, gasoline, paint and any hazardous substances
must be properly stored, including secondary containment, to prevent spills,
leaks or other discharge. Restricted access to storage areas shall be provided
to prevent vandalism. Storage and disposal of hazardous waste shall be in
compliance with MPCA regulations.
c. External washing of trucks and other construction vehicles must be limited to
a defined area of the site. Runoff shall be contained and waste properly
disposed of. No engine degreasing is allowed on site.
d. The City of Richfield prohibits discharges of any material other than
stormwater, and discharges from dewatering or basin draining activities.
Prohibited discharges include but are not limited to vehicle and equipment
washing, maintenance spills, wash water, and discharges of oil and other
hazardous substances.
Engineering Design Standards
City of Richfield,MN
WSB Project No.2092-460 Page 15
Engineering Design Standards
e. The Permittee must comply with all other pollution prevention/good
housekeeping requirements of the MPCA NPDES Construction General
Permit.
6.7 Final Stabilization
1. The Permittee must ensure final stabilization of the project. Final stabilization
can be achieved in one of the following ways.
2. All soil disturbing activities at the site have been completed and all soils will be
stabilized by a uniform perennial vegetative cover with a density of at least 70
percent over the entire pervious surface area, or other equivalent means necessary
to prevent soil failure under erosive conditions and;
a. All drainage ditches, constructed to drain water from the site after
construction is complete, must be stabilized to preclude erosion; and
b. All temporary synthetic, and structural erosion prevention and sediment
control BMPs (such as silt fence)must be removed as part of the site final
stabilization; and
c. The Permittee must clean out all sediment from conveyances and from
temporary sedimentation basins that are to be used as permanent water quality
management basins. Sediment must be stabilized to prevent it from washing
back into the basin, conveyances or drainage ways discharging off-site or to
surface waters. The cleanout of permanent basins must be sufficient to return
the basin to design capacity.
3. For residential construction only, final stabilization has been achieved when:
a. Temporary erosion protection and down gradient perimeter control for
individual lots has been completed and the residence has been transferred to
the homeowner.
b. The Permittee must distribute the MPCA"homeowner factsheet" to the
homeowner so the homeowner is informed for the need, and benefits, of final
stabilization.
6.8 Trainin6
1. The SWPPP must provide a chain of command showing who prepared the
SWPPP, who is responsible for the management of the construction site and
inspections.
2. The training shall consist of a course developed by a local, state or federal agency,
professional organization, water management organization, or soil and water
conservation district and must contain information that is related to erosion
prevention, sediment control, or permanent stormwater management and must
relate to the work that you are responsible for managing.
Engineering Design Standards
City of Richfield,MN
WSB Project No.2092-460 Page 16
Engineering Design Standards
7. GUIDANCE ON STORMWATER TREATMENT PRACTICES
(STPS)
Designers are expected to follow the requirements of these Engineering Design Standards and
the Minnesota Stormwater Manual. Deviations from recommended guidance will require
detailed written explanation with discretion given by the City.
8. STORMWATER MANAGEMENT
Proposed Stormwater Management Plans must incorporate Volume Control, Water Quality
Control, and Rate Control as the basis for stormwater management in the proposed development
plan. The City of Richfield, as a permitted MS4, requires for new development projects to have
a no net increase from pre-project conditions of total volume, TSS, and TP; in addition, for
redevelopment projects within the city, it is required to have a net reduction from pre-project
conditions of total volume, TSS and TP.
8.1 Volume Control Requirements
Volume control measures are required on projects to meet the water quality criteria of the
RBWMO, and to meet the requirements of the City of Richfield's MS4 Permit obligations.
Volume control shall be required for proposed new impervious areas greater than 1 acre or
redevelopment of impervious greater than 1 acre. If an applicant can demonstrate that the
volume control standard has been met, then the water quality sizing criteria shall be
considered satisfied.
8.2 Volume Control Calculations
Depending on applicability, a proposed development shall capture and retain on site 1.0 inch
of runoff from the impervious surfaces in post-construction conditions for increases in
impervious surface greater than 1 acre.
The use of infiltration techniques shall be prohibited where the infiltration BMP will be
constructed in any of the following areas:
1. Where industrial facilities are not authorized to infiltrate industrial stormwater
under and NPDES/SDS Industrial Stormwater Permit issued by the MPCA.
2. Where vehicle fueling and maintenance occur.
3. With less than three (3) feet of separation distance from the bottom of the
infiltration system to the elevation of the seasonally saturated soils or the top of
the bedrock.
Engineering Design Standards
City of Richfield,MN
WSB Project No.2092-460 Page 17
Engineering Design Standards
4. Where high levels of contaminant in soil or groundwater will be mobilized by the
infiltrating stormwater.
5. Where High Vulnerability Wellhead Protection areas are present (within the 1-
year capture zone; Appendix E).
The use of infiltration techniques shall be restricted and subject to higher engineering review
where the infiltration BMP will be constructed in any of the following areas:
1. Soils in predominately Hydrologic Soil Group D (clay) soils.
2. Within 1,000 feet up-gradient, or 100 feet down-gradient of active karst features.
3. Drinking Water Supply Management Areas are present, as defined by Minn. R.
4720.5 100, sup.13, unless precluded by a local unit of government with an MS4
permit.
4. Soil infiltration rates are more than 8.3 inches per hour unless soils are amended
to slow the infiltration rate below 8.3 inches per hour.
Where the site factors listed above limit the construction of infiltration systems, the project
proposer shall provide appropriate documentation to the City regarding the limitations. If the
City determines that infiltration is restricted or prohibited onsite, the applicant shall consider
alternative volume reduction BMPs and the water quality volume must be treated by a wet
sedimentation basin, filtration system, regional ponding or similar method prior to the release
of stormwater to surface water.
8.3 Water Quality Control
The water quality control standard shall be considered satisfied if the volume control
standard has been satisfied. In the event that it is infeasible to meet the volume control
standard due to contaminated soils, site constraints, etc. for new development, the proposed
BMP will need to maintain the existing TSS and TP loading. The goal for redevelopment is
to reduce the TSS and TP loadings from existing (based on the MS4 Permit requirements).
Mechanical stormwater treatment devices may be implemented to provide site-specific
treatment of stormwater provided that the following criteria are met:
1. Removal of a minimum of 80% TSS from the surface water discharge on an
average annual basis for a particle size distribution representative of published
NURP study distributions or other locally published distributions; or,
2. Removal of 80% of a particle size distribution having a mean particle size no
greater than 100 microns.
3. The devices must provide removal based on the actual annual precipitation for the
area or retain the volume resulting from a 100-year storm event.
Engineering Design Standards
City of Richfield,MN
WSB Project No.2092-460 Page 18
Engineering Design Standards
4. Long-term maintenance of the structure including frequency, equipment needed,
and estimated cost must be identified and included in the stormwater management
plan. The maintenance plan must be signed by the property owner and include
provisions for submitting an annual report of operation to the City upon request.
For redeveloping sites that are tributary to City stortnwater treatment facilities:
1. A fee of$0.60/SF of impervious surface directed into the City system shall be
charged to cover the Cities cost to providing regional treatment to remove TP and
TSS.
2. Up to a 10% reduction of fee may be granted if approved Low Impact
Development (LID) BMP's are incorporated into the site (i.e. disconnected
impervious, infiltration, grit removal). The City reserves the right to dismiss
BMPs as effective long-term solutions. Maintenance agreements are required for
all BMPs considered effective, long-term water quality solutions.
3. Sites greater than 5 acres will be required to include a City-approved sump
manhole to provide grit removal.
When stormwater discharges cross the City's boundaries without entering a regional
treatment system:
1. Treatment to NURP guidelines is required.
2. New stormwater management ponds constructed as part of private.
3. Skimmers are required in the construction of new pond outlets and should be added to
existing systems whenever feasible.
Under certain circumstances, some construction projects cannot meet the TSS and/or TP
reduction requirements for new or redevelopment projects on the site of the original
construction. All methods must be exhausted prior to considering alternative locations where
TSS and TP treatment standards can be achieved. If the City has determined that all methods
have been exhausted, the permittee will be required to identify alternative locations where
TSS and TP treatment standards can be achieved. Mitigation projects will be chosen in the
following order of preference:
1. Locations that yield benefits to the same receiving water that receives runoff from
the original construction activity.
2. Locations within the same Department of Natural Resource (DNR) catchment
area as the original construction activity.
3. Locations in the next adjacent DNR catchment area up-stream.
4. Locations anywhere within the City of Richfield.
In addition, mitigation projects shall also meet the following criteria:
Engineering Design Standards
City of Richfield,MN
WSB Project No.2092-460 Page 19
Engineering Design Standards
1. Mitigation projects shall involve the establishment new structural stormwater
BMPs or the retrofit of existing structural stormwater BMPs, or the use of a
properly designed regional structural stormwater BMP.
2. Previously required routine maintenance of structural stormwater BMPs cannot be
considered mitigation.
3. Mitigation projects must be finished within 24 months after the original
construction activity begins.
4. A maintenance agreement specifying the responsible party for long-term
maintenance shall be identified.
8.4 Rate Control
1. At a minimum, detention basins should maintain existing flow rates for the l-
year, 10-year, and 100-year 24-hour chance storm events in accordance to the
NOAA Atlas 14 data as shown in the table below:
Event Rainfall/Snowmelt Depth (inches)
1-Year, 24 hour(99%) 2.48
l0-Year, 24 hour(10%) 4.25
100-Year, 24 hour(1%) 7.50
100-year, 10 day snowmelt 10.2
2. Surface water discharge rates from new development and redevelopment on sites
disturbing less than one (1) acre of land must be reviewed for surface water
discharge purposes by the City Engineer if the development will result in an
increase in rate, volume, or change the location of surface water runoff.
3. Runoff rates are limited to existing conditions for discharges leaving the City
boundaries or for discharges into systems such as Mn/DOT, not owned by the
City, unless an agreement is in place.
4. Detention basins shall be designed with capacity for the critical 100-year event,
which is defined as the 100-year event that produces the highest water level
among the 24-hour rainfall event or the 10-day, 10.2-inch snowmelt runoff event.
5. The maximum duration for rainfall critical event analysis shall be 24-hours except
in cases where basins are landlocked, where back to back 24-hour events and the
10-day, 10.2-inch snowmelt runoff event shall also be used. In all cases a
hydrograph method of analysis should be used. For the 24-hour rainfall event, or
back to back 24-hour rainfall events, an SCS Type II distribution should be used.
For shorter duration critical events other distributions may be used with the
approval of the City Engineer.
Engineering Design Standards
City of Richfield,MN
WSB Project No.2092-460 Page 20
Engineering Design Standards
6. All drainage system analyses and designs shall be based on proposed full
development land use patterns.
7. For development adjacent to a landlocked basin (and basin is not provided an
overland outlet), freeboard should be determined based on one of three methods
(whichever provides for the highest freeboard elevation and low floor elevation):
a. Two feet above the HWL determined by modeling back to back 100-year, 24-
hour events;
b. Three feet above the highest known water level; or
c. Five feet above the HWL determined by modeling a single 100-year, 24-hour
event.
8. When modeling landlocked basins, the starting water surface elevation should be
the basins Ordinary High Water elevation, which can be determined through
hydrologic modeling or, in the case of a DNR regulated basin, from a DNR
survey.
9. For basins with a suitable outlet, freeboard will be 2 feet above the HWL
determined by modeling the 100-year critical event. Emergency overflows a
minimum of 1 foot of freeboard to the low building opening with capacity to
convey the 100-year 24-hour flow. The lowest ground elevation adjacent to a
structure should be a minimum of 1.5 feet above the emergency overflow.
10. Adjacent to channels, creeks, and ravines freeboard will also be 2 feet to the 100-
year critical event elevation.
11. The NOAA Atlas 14 24-hour rainfall distribution with average antecedent
moisture conditions should be utilized for runoff calculations.
12. City standard detail plates should be utilized for pond outlet structures.
13. Outlet structures should be designed in three phases with primary outlet structure
and secondary overflow structure routed to the storm sewer and a defined
emergency overflow as the tertiary outlet structure.
8.5 Freeboard
The City requires a minimum of two feet of freeboard elevation between the low point of
entry elevation and the I% chance event high water elevation in a given area for all new and
redeveloped structures.
8.6 Floodplain Management
The City prohibits filling activities within the 100-year floodplain the will cause an increase
in the stage of the 100-year or regional flood or cause in increase in the flood damages in the
reach affected unless compensatory storage is provided and/or channel improvement is
provide that will not result in the flood stage. Filling within the floodway is prohibited unless
the filling meets FEMA, DNR, and Watershed Commission requirements, and the City's
Engineering Design Standards
City of Richfield,MN
WSB Project No.2092-460 Page 21
Engineering Design Standards
floodplain ordinance. Applications proposing to alter the floodplain shall submit the
following to the City:
1. A report detailing the results of the computer modeling of the impact of the
proposed structure, obstruction, or use on the floodplain; and
2. A site plan showing property lines, work area, existing and proposed contours of
the work area, and existing and proposed floodplain elevations; and
3. Computation of the change in water storage capacity resulting from the project.
8.7 Buffers
Buffers are required adjacent to wetlands as defined in the City's Surface Water Management
Plan, and Wetland Protection and Management Plan.
1. Prior to issuance of any City grading or building permits, all development or
redevelopment activities shall comply with the Wetland Conservation Act.
2. The City will promote and encourage all properties adjacent to lakes, streams and
wetlands to establish a vegetative buffer strip consisting of native, non-mowed
vegetation.
3. The City requires that the development or redevelopment of all structures shall be
outside the recommended buffer zone outlined in the Wetland Protection and
Management Plan or at least 10 feet back from the wetland edge as delineated by
a qualified delineator and/or verified by City staff.
4. The following standards shall guide the creation or restoration of buffers to
achieve the goals and policies of the City of Richfield, MCWD, and NMCWD.
The Administrator may modify or waive standards depending on each project Site
and goals for the wetland.
Engineering Design Standards
City of Richfield,MN
WS13 Project No.2092-460 Page 22
Engineering Design Standards
Buffer Class Definitions
Wetlands assigned the unique/outstanding
rating in the inventory of wetlands
conducted by the city. Class 1 wetlands
are those with conditions and functions
Class 1 most highly susceptible to human impacts,
are most unique, have the highest
community resource significance such as
rare species habitats, and similar
characteristics.
High value wetlands that are relatively
undisturbed, with conditions and functions
Class 2 that are susceptible to human impacts, are
connected to other wetlands or waterways,
and may contain locally significant or rare
wetland types.
Wetlands whose functions include wildlife
habitat value, that is, provide a diversity
Class 3 of habitats, and are connected to other
wetland or upland habitats to provide
wildlife habitat.
Moderate value wetlands that are less
susceptible to further impacts than Class 1
Class 4 or 2, and have low diversity and
connectivity to other wetlands and
waterways.
Wetlands assigned the highly impacted
rating in the city's inventory. Class 5
wetlands are those with conditions and
Class 5 functions most impacted by human
activities, with the least diverse vegetation
communities, least community resource
significance and similar characteristics.
Recommended Buffer Widths for Classes
Class 3, Class 5
Class 1 Class 2 Lakes and Class 4
Stotmwater
Streams
Average
Buffer 100 Feet 100 Feet 50 Feet 25 Feet 0 Feet
Width
Minimum
Buffer 100 Feet 50 Feet 25 Feet 20 Feet 0 Feet
Width
Engineering Design Standards
City of Richfield,MN
WS13 Project No.2092-460 Page 23
Engineering Design Standards
8.8 Shoreland Management
The City Code has established setbacks for placement of structures and impervious and also
requirements for shoreland alterations. The City also encourages the following for work
occurring within the shoreland zone:
1. Encourage the use of natural vegetation or bioengineering techniques for the
stabilization of shorelines.
2. Development and construction must be planned and conducted in a manner that
will minimize the extent of disturbed areas, runoff velocities, erosion potential,
and reduce and delay runoff volumes. Disturbed areas must be stabilized and
protected using methods and facilities designed and installed consistent with Best
Management Practices.
3. When development density, topographic features, and soil and vegetation
conditions are not sufficient to adequately handle stormwater runoff using natural
features and vegetation, various types of constructed facilities such as diversions,
settling basins, skimming devices, dikes, waterways, and ponds may be
used. Preference must be given to designs using surface drainage, vegetation, and
infiltration rather than buried pipes and man-made materials and facilities.
8.9 Long Term Inspection and Maintenance of Stormwater Facilities
1. No private stormwater facilities may be approved unless a maintenance plan is
provided that defines how access will be provided, who will conduct the
maintenance, the type of maintenance and the maintenance intervals. At a
minimum, all private stormwater facilities shall be inspected annually and
maintained in proper condition consistent with the performance goals for which
they were originally designed and as executed in the stormwater facilities
maintenance agreement.
2. Access to all stormwater facilities must be inspected annual and maintained as
necessary. The applicant shall obtain all necessary easement or other property
interests to allow access to the facilities for inspection or maintenance for both the
responsible party and the City of Richfield.
3. All settled materials including settled solids, shall be removed from ponds, sumps,
grit chambers, and other devices, and disposed of properly.
9. MINNEHAHA CREEK WATERSHED DISTRICT (MCWD)
9.1 Water Quantity
1. Future discharge rates will not exceed existing discharge rates.
2. Runoff rates are limited to existing conditions for discharges leaving the City
boundaries or for discharges into systems such as Mn/DOT, not owned by the
City of Richfield, unless an agreement is in place.
Engineering Design Standards
City of Richfield,MN
WSB Project No.2092-460 Page 24
Engineering Design Standards
3. The design of major storm water storage facilities shall accommodate a critical
duration event with a 1% chance of occurrence (6" in 24 hours).
4. The design of new storm sewer systems shall be based on a critical duration
rainfall event of having a 10% chance of occurrence in any given year.
5. No orifice having a diameter less than 8" is allowed in the design of rate control
structures.
6. An emergency spillway from ponding areas shall be installed to have a 100 year
overflow capacity at a flow profile a minimum of 1 foot below the lowest building
opening.
7. The low floor elevation will be 2 feet above any historic high groundwater
elevations and 100-year high surface water elevations for the area.
8. Building will maintain a minimum building opening elevation 3 feet above the
projected 100-year high water elevation for the area.
9. Filling activities must be allowable per City's floodplain ordinance.
10. Design calculations for the I%, 10%, and 99% chance storm event must be
submitted to the City for review and approval.
9.2 Infiltration and Water Quality Treatment (for sites greater than one acre)
1. For redeveloping sites that are tributary to City stormwater treatment facilities:
a. A fee of$ 0.60 / SF of impervious surface directed into the City system shall
be charged to cover the Cities cost for providing regional treatment remove
TP, and TSS
b. Up to a 10% reduction of fee may be granted if approved Low Impact
Development (LID) BMP's are incorporated into the sites'2 (i.e. disconnected
impervious, grit removal)
c. BMP required
d. Sites greater than 5 acres will be required to include a City approved sump
manhole to provide grit removal
2. When storm water discharges cross the City's boundaries without entering a
Regional treatment system:
a. Phosphorus, Rate, and Volume Control must meet MCWD Mule requirements.
b. Treatment to NURP guidelines is required.
c. New storm water management ponds constructed as part of private
development must be covered by drainage and utility easements dedicated to
the City.
d. Skimmers are required in the construction of new pond outlets and should be
added to existing systems whenever feasible.
The City reserves the right to dismiss BMP's as effective long-term solutions.
`Maintenance agreements are required for all BMPs considered long-term effective water quality solutions.
Engineering Design Standards
City of Richfield,MN
WSB Project No.2092-460 Page 25
Engineering Design Standards
9.3 Volume Control
1. No increase in volume is allowed for a critical duration event with a I% chance of
occurrence (6" in 24 hours).
2. New and Re-development are required to incorporate LID techniques that have
been reviewed and approved by the City(i.e. green roofs, reuse, evaporation,
rainfall harvesting, and/or evapotranspiration).
3. A City approved maintenance plan for these features will be required. Any BMPs
to be considered effective as a long-term water quality feature will require a
maintenance agreement with the City.
9.4 Groundwater
1. All unsealed and abandoned wells shall be properly sealed.
10. NINE MILE CREEK WATERSHED DISTRICT (NMCWD)
Proposed projects within the NMCWD must follow the Rules and requirements of the
NMCWD. For additional information, visit www.ninemilect-eek.org or call the NMCWD at
952-835-2078.
11. STORMWATER TREATMENT PRACTICE DESIGN STANDARDS
11.1 Storm Sewers
1. Manhole spacing shall not exceed 400 feet.
2. Where more than one pipe enters a structure, a catch basin/manhole shall be used.
3. Storm sewer pipe should match top of pipe on top of pipe unless grade constraints
prevent this. In that case, hydraulic calculations will be necessary to verify that
excessive surcharging will not occur.
4. Stormwater pipes shall be designed utilizing the Rational Method. Channel
design shall be hydrograph method only. All methods are subject to the City
Engineer's approval.
5. Lateral systems shall be designed for the 10-year rainfall using the Rational
Method. State Aid roadway storm sewer shall be designed per the State Aid
requirements.
6. The minimum full flow velocity within the storm sewer should be 3 feet per
second(fps). The maximum velocity shall be 10 fps, except when entering a
pond, where the maximum velocity shall be limited to 6fps.
7. Trunk storm sewer should be designed at a minimum to carry 100-year pond
discharge in addition to the 10-year design flow for directly tributary areas. The
following table shall be used for the calculation of peak rates using the Rational
Method:
Engineering Design Standards
City of Richfield,MN
WSB Project No.2092-460 Page 26
Engineering Design Standards
Cover Type 10-Year Runoff Coefficient
Single-family Residential 0.4
Multi-family Residential 0.5
Commercial 0.7
Industrial 0.7
Parks, Open Space 0.2
Ponds, Wetlands 1.0
8. For storms greater than the 10-year event, and in the case of plugged inlets,
transient street ponding will occur. For safety reasons, the maximum depth in
streets should not exceed 1.5 feet at the deepest point.
9. To promote efficient hydraulics within manholes, manhole benching shall be
provided to 1/2 diameter of the largest pipe entering or leaving the manhole.
10. Vaned grate (3067V) catch basin castings shall be used on all streets.
11. The maximum design flow at a catch basin for the 10-year storm event shall be
three (3) cubic feet per second(cfs), unless high capacity grates are provided.
Catch basins at low points will be evaluated for higher flow with the approval of
the City Engineer.
12. All structures located in the street are to be a minimum of four feet deep (rim to
invert) and a minimum of three feet deep elsewhere. Two-by-three catch basins
are to be four(4) feet deep.
11.2 Outlet and Inlet Pipes
1. Inlet pipes of stormwater ponds shall be extended to the pond normal water level
whenever possible.
2. Outfalls with velocities greater than 4 fps into channels, where the angle of the
outfall to the channel flow direction is greater than 30 degrees, requires energy
dissipation or stilling basins.
3. Outfalls with velocities of less than 4 fps, that project flows downstream into a
channel in a direction 30 degrees or less from the channel flow direction,
generally do not require energy dissipaters or stilling basins, but will require
riprap protection.
4. In the case of discharge to channels, riprap shall be provided on all outlets to an
adequate depth below the channel grade and to a height above the outfall or
channel bottom. Riprap shall be placed over a suitably graded filter material and
filter fabric to ensure that soil particles do not migrate though the riprap and
reduce its stability. Riprap shall be placed to a thickness at least 2.5 times the
mean rock diameter to ensure that it will not be undermined or rendered
ineffective by displacement. If riprap is used as protection for overland drainage
routes, grouting may be recommended.
Engineering Design Standards
City of Richfield,MN
WSB Project No.2092-460 Page 27
Engineering Design Standards
5. Discharge velocity into a pond at the outlet elevation shall be 6 fps or less.
Riprap protection is required at all inlet pipes into ponds from the NWL to the
pond bottom.
6. Where outlet velocities to ponds exceed 6 fps, the design should be based on the
unique site conditions present. Submergence of the outlet or installation of a
stilling basin approved by the City is required when excessive outlet velocities are
experienced.
7. Submerged outlet pipes from ponds are not allowed.
11.3 Channels and Overland Drainage
1. Overland drainage routes where velocities exceed 4 fps should be reviewed by the
City Engineer and approved only when suitable stabilization measures are
proposed.
2. Open channels and swales are recommended where flows and small grade
differences prohibit the economical construction of an underground conduit.
Open channels and swales can provide infiltration and filtration benefits not
provided by pip.
3. The minimum grade in all unpaved areas shall be 2%.
4. Maximum length for drainage swales shall be 400 feet.
5. Channel side slopes should be a maximum of 4:1 (horizontal to vertical)with
gentler slopes being desirable.
6. Riprap shall be provided at all points of juncture, particularly between two open
channels and where storm sewer pipes discharge into a channel.
7. Open channels should be designed to handle the expected velocity from a 10-year
design storm without erosion. Riprap may need to be provided.
8. Periodic cleaning of an open channel is required to ensure that the design capacity
is maintained. Therefore, all channels shall be designed to allow easy access for
equipment.
11.4 Ponds
1. Where on site water quality detention basins are required, copies of the
calculations determining the design of the basin(s) will be provided. The size and
design considerations will be dependent on the receiving water body's water
quality category, the imperviousness of the development and the degree to which
on site infiltration of runoff is achieved. Design of on-site detention basins, as
described in the site's runoff water management plan, shall incorporate
recommendations from the nationwide urban runoff program (NURP), or the
applicable publications, as adopted by the city. The following design
considerations are required for on-site water quality detention basins based on the
Engineering Design Standards
City of Richfield,MN
WSB Project No.2092-460 Page 28
Engineering Design Standards
receiving water's water quality category. These designs include permanent
detention for water quality treatment; extended detention designs may be
substituted provided that they provide treatment equivalent to the requirements
below:
a. A permanent pool (dead storage)volume below the normal outlet shall be
greater than or equal to the runoff from a two and one-half inch (2.5") 24-hour
storm over the entire contributing drainage area assuming full development.
b. A permanent pool average depth (basin volume/basin area) which shall be
greater than four feet (4'), with a maximum depth of less than ten feet (10').
c. An emergency spillway(emergency outlet) adequate to control the 100-year
frequency critical duration rainfall event.
d. Basin side slopes above the normal water level should be no steeper than three
to one (3:1) when possible, and preferably flatter. A basin shelf with a
minimum width of ten feet (10') and a maximum slope of ten to one (10:1)
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 the major inlets and normal
outlet shall be maximized.
£ A flood pool (temporary storage) volume above the principal outlet spillway
shall be adequate so that the peak discharge rate from the 1-, 10- and 100-year
frequency critical duration storm is not greater than the peak discharge for a
similar storm and predevelopment watershed conditions.
g. Extended detention of runoff from the more frequent(1-year to 5-year) storms
shall be achieved through a principal spillway design which shall include a
perforated vertical riser, a small orifice outlet or a compound weir. The
spillway must be constructed of a limited maintenance material. The use of
treated or naturally decay resistant timber shall not be allowed.
h. Effective energy dissipation devices which reduce outlet velocities to four feet
(4')per second or less shall consist of riprap, stilling pools or other such
measures to prevent erosion at all stormwater outfalls into the basin and at the
detention basin outlet.
i. Trash and floatable debris skimming devices shall be placed on the outlet of
all on site detention basins to provide treatment up to the critical duration 10-
year storm event. These devices can consist of baffled weirs, submerged inlets
or other such measures capable of restricting the overflow of floatable
materials, including litter, oil and grease. The skimming device must be
constructed of a limited maintenance material. The use of treated or naturally
decay resistant timber shall not be allowed. Computations for the design of
Engineering Design Standards
City of Richfield,MN
WSB Project No.2092-460 Page 29
Engineering Design Standards
such devices shall be included. The maximum velocity through the skimming
device shall be less than one foot(1')per second(fps) on the 2-year 24-hour
event.
J. For purposes of erosion control, vegetation protection and wildlife habitat
enhancement, the 10-year flood level of the basin shall be no more than two
feet(2') above the normal level of the basin.
k. All constructed ponds shall be provided a maintenance access from an
adjacent roadway. The maintenance access shall be provided in the form of
an easement no narrower than 20 feet. The maintenance access shall have a
longitudinal slope no steeper than 6:1 and minimal cross slope. Maintenance
access routes, due to their extra width, also serve well as emergency overflow
(EOF)routes.
2. In areas where NURP treatment basins are not feasible to construct and approval
from the applicable Watershed District has been acquired, MPCA guidelines may
be substituted as outlined in Section 6, Part 6.3: Temporary/Permanent Sediment
Basins of these Engineering Design Standards.
11.5 Infiltration/Filtration Practices
1. Sizing of filtration/infiltration practices, or STPs, shall be in conformance with
the volume control requirements of this manual and the Minnesota Storinwater
Manual.
2. When designing an infiltration practice for volume control and water quality
management, on-site testing and detailed analysis are strongly encouraged in
order to determine the infiltration rates of the proposed infiltration facility.
Documented site-specific infiltration or hydraulic conductivity measurements
(double-ring infrlitrometer) completed by a licensed soil scientist or engineer is
required. In the absence of a detailed analysis, the saturated infiltration rates
listed in the Infiltration Rates for Infiltration STPs table found on the Minnesota
Storinwater Manual shall be used. A piezometer shall be installed in order to
ascertain the level of the local groundwater table and demonstrate at least three
feet of separation between the bottom of the proposed facility and the
groundwater. The soil boring is required to go to a depth of at least five feet
below the proposed bottom of the STP. The soils shall be classified using the
Unified Soil Classification system. The least permeable soil horizon will dictate
the infiltration rate. Infiltration practices shall be designed to infiltrate the
required runoff volume within 48 hours.
3. Pretreatment, in the form of ponds, forebays, filter strips, or other approved
methods, shall be provided for all infiltration areas. Pretreatment upstream of
volume management practices is a key element in the long-term viability of
Engineering Design Standards
City of Richfield,MN
WSB Project No.2092-460 Page 30
Engineering Design Standards
infiltration areas. The level of pretreatment varies largely depending on the STP
and drainage area of the watershed, City staff, and Minnesota Stormwater Manual
recommendations shall be utilized for determining the appropriate level of
pretreatment on a case-by-case basis.
4. The infiltration practice shall not be used within fifty feet of a municipal,
community or private well, unless specifically allowed by an approved wellhead
protection plan.
5. The infiltration practice shall not be used for runoff from fueling and vehicle
maintenance areas and industrial areas with exposed materials prosing
contamination risk, unless the infiltration practice is designed to allow for spill
containment.
6. The infiltration practice shall not be used in Hydrologic Soil Group (HSG) D soils
without soil corrections.
7. Vegetation of infiltration/filtration practices shall be as shown in the City of
Richfield Standard Details. A plan for management for vegetation shall be
included in the Stormwater Pollution Prevention Plan.
8. If soils are unsuitable for infiltration, then filtration may be used with drain tile,
provided in accordance with the City of Richfield's Standard Details.
9. Subgrade soils for infiltration/filtration practices shall be as presented in the City
of Richfield's Standard Details. Assume a 40% void ratio for clean washed rock
and 20% for construction sand for the purposes of volume calculations.
10. Rock storage beds shall be constructed using crushed angular granite that has
been thoroughly washed to remove all fine particles that could result in clogging
of the system.
11. For infiltration benches adjacent to ponds,benches shall have slopes no steeper
than 5:1 over the proposed infiltration zone. A slope of 10:1 is preferred. The
Minnesota Stormwater Manual cites concerns with locating infiltration features
immediately adjacent to ponds. To address this, benches shall be located to
maintain hydraulic separation from the saturated zone of the pond in order to
minimize the loss of infiltration potential over time.
11.6 Emergency Overflow Paths
1. Emergency Overflows (EOFs) shall be sized with a minimum bottom width of
five feet and 4:1 side slopes.
2. The maximum flow depth in EOFs shall be less than or equal to one foot as
calculated for a 100-year back-to-back storm event.
Engineering Design Standards
City of Richfield,MN
wSB Project No.2092-460 Page 31
Engineering Design Standards
12. DESIGN EXAMPLES
The design process for each of the acceptable Stormwater Treatment Practices is detailed in the
Minnesota Stormwater Manual, http://stormwater.pea.state.mn.us/index.php/Main_Pag_e.
13. STORMWATER TREATMENT PRACTICE DETAIL DRAWINGS
Please refer to the City of Richfield's Engineering Details for the following:
1. Bioretention
2. Sand Filter System
3. Dry/Wet Swale
4. Infiltration Trench
5. Infiltration Basin
6. Stormwater Pond/Wetland
14. CONSTRUCTION SPECIFICATIONS
Construction specifications and details are found in the Minnesota Stormwater Manual for each
of the acceptable STPs, unless otherwise restricted by this manual.
15. CHECKLISTS
Refer to Appendix A&B
1. Erosion and Sediment Control Inspection Form
2. City of Richfield Plan Review Checklist
Engineering Design Standards
City of Richfield,MN
WSB Project No.2092-460 Page 32