101116CompleteAgendaSPECIAL CITY COUNCIL MEETING
RICHFIELD MUNICIPAL CENTER, BABCOCK ROOM
OCTOBER 11, 2016
6:45 PM
Call to order
Interview ofa youth interested in serving on a City advisory commission. (Council Memo No. 69)
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
October 6, 2016
Council Memorandum No. 69
The Honorable Mayor
and
Members of the City Council
Subject: Youth Advisory Commission Applicant Interview
(Agenda Item No. 1)
Council Members:
Youth advisory commission members serve one year terms, coinciding with the school
year. Although youth can apply to commissions during the two semi-annual
recruitments, the City initiated a separate youth -only recruitment, which ended on
October 1, 2016, in order to try to fill two youth member openings.
Per the resolution approved by the City Council on September 13, 2016, non-resident
youth may be considered for appointment to City commissions as long as they are
actively enrolled in a Richfield High School or equivalent located in the City of Richfield.
The Human Rights Commission and Transportation Commission each have one youth
opening. Terms are for the school year, ending August 31, 2017.
One application was received. A Special City Council Meeting is scheduled for
October 11, 2016 at 6:45 p.m. in the Babcock Room to conduct the interview. The
application is attached for City Council use.
Approval of the appointment is on the October 11, 2016 Regular City Council agenda.
City Manager
SLD:cak
Attachment
Email: Assistant City Manager
Department Directors
REGULAR CITY COUNCIL MEETING
RICHFIELD MUNICIPAL CENTER, COUNCIL CHAMBERS
OCTOBER 11, 2016
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 27, 2016 and (2) Regular City
Council Meeting of September 27, 2016.
PRESENTATIONS
1. Swear -in City of Richfield Police Officers Joseph Carroll and LaToya Woods.
2. Public Health Accreditation presentation by Bloomington Public Health Director, Bonnie Paulsen.
3. Annual meeting with the Arts Commission.
COUNCIL DISCUSSION
4. Hats Off to Hometown Hits
AGENDAAPPROVAL
5. Approval of the agenda.
6. 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 resolution granting a one-year extension of a conditional use permit and
variances allowing an auto repair business at 6600 Portland Avenue.
Staff Report No. 156
B. Consideration of the approval of the second reading of the ordinance amendment zoning land adjacent to
6600 Cedar Avenue as General Business (C-2).
Staff Report No. 157
C. Consideration of the approval of a resolution restricting parking on Nicollet Avenue from 76th Street to 1-
494.
Staff Report No. 158
D. Consideration of the approval of a resolution authorizing the lawful gambling premises permit for the
American Legion Auxiliary Unit of Minneapolis -Richfield Post #435 to conduct lawful gambling at the
Minneapolis -Richfield American Legion Post #435, 6501 Portland Avenue South.
Staff Report No. 159
E. Consideration of the approval of a resolution reauthorizing membership in the 4M Fund and entering into a
Declaration of Trust with the 4M Fund.
Staff Report No. 160
F. Consideration of the approval of an annual request for a Temporary On Sale Intoxicating Liquor license for
the Church of St. Richard, located at 7540 Penn Avenue South, for their Fall Festival
2016 taking place November 12-13, 2016.
Staff Report No. 161
G. Consideration of the approval of an annual request for a Temporary On Sale Intoxicating Liquor license for
St. Nicholas Episcopal Church, located at 7227 Penn Avenue South, for their Juke Box Saturday
Night event taking place November 5, 2016.
Staff Report No. 162
H. Consideration of the approval of a request for a new Therapeutic Massage Enterprise license for First
Step, LLC, located at 7600 Lyndale Avenue #400.
Staff Report No. 163
Consideration of the approval of a resolution authorizing acceptance of Office of Traffic Safety (OTS) funds
for a four-year grant to fully fund an officer and fully equipped squad car dedicated for DWI enforcement in
Richfield.
Staff Report No. 164
Consideration of the approval of the second reading of an ordinance repealing and replacing City Code
Section 550 pertaining to Floodplain Management Regulations and resolution authorizing summary
publication.
Staff Report No. 165
K. Consideration of the approval of the first reading of an ordinance amending subsection 400.21 of the
Richfield Code of Ordinances relating to adoption of the Minnesota State Fire Code and scheduling second
reading for October 25, 2016.
Staff Report No. 166
L. Consideration of the approval of two resolutions appointing election judges for the November 8, 2016
General Election.
Staff Report No. 167
M. Consideration of the approval of the continuation of the agreement with the City of Bloomington for the
provision of food inspection services for Richfield for the year 2017.
Staff Report No. 168
N. Consideration of the approval of the 2016-2017 contract with the City of Bloomington, using public health
emergency preparedness grant funds distributed by a federal grant from the Centers for Disease Control, to
provide services in the area of public health emergency preparedness/Bioterrorism and the development of
a response system.
Staff Report No. 169
O. Consideration of the approval of an Agreement with the Minnesota Department of Transportation to
maintain the gateway monuments and landscaping installed as part of the Crosstown Reconstruction
Project.
Staff Report No. 170
P. Consideration of the approval of ordering a feasibility report for the 2017 Alley Paving Project.
Staff Report No. 171
7. Consideration of items, if any, removed from Consent Calendar
PUBLIC HEARINGS
8. Public hearing regarding the resolution adopting the special assessment roll for weed elimination from private
property and removal or elimination of public health or safety hazards from private property.
Staff Report No. 172
9. Public hearing regarding the resolution adopting the special assessment roll for unpaid false alarm user fees
against private property.
Staff Report No. 173
OTHER BUSINESS
10. Consideration of the Transportation Commission's recommendation for a 69th Street Pedestrian Pilot Project
between Xerxes Avenue and Penn Avenue.
Staff Report No. 174
11. Consideration of the award of a contract for the municipal liquor store parking lot and appurtenant improvements
at 6600 Cedar Avenue South.
Staff Report No. 175
12. Presentation of results of a sound test conducted at Veterans Memorial Park on September 19, 2016 in
consideration of a community band shell.
Staff Report No. 176
13. Consideration of an agreement with EDS Builders, Inc. to perform construction management services for a
community band shell.
Staff Report No. 177
14. Consideration of the appointment of a youth advisory commission member.
Staff Report No. 178
15. City Manager's Report
CITY MANAGER'S REPORT
CLAIMS AND PAYROLLS
16. Claims and payrolls
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.
17. 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.
CALL TO ORDER
CITY COUNCIL MINUTES
Richfield, Minnesota
Special City Council Worksession
September 27, 2016
The worksession was called to order by Mayor Goettel at 6:15 p.m. in the Bartholomew Room.
Council Members Debbie Goettel, Mayor; Michael Howard; Edwina Garcia; Pat Elliott; and
Present: Tom Fitzhenry.
Staff Present: Steven L. Devich, City Manager; Kristin Asher, Public Works Director; Jack
Broz, Transportation Engineer; Pam Dmytrenko, Assistant City Manager/HR
Manager; and Cheryl Krumholz, Executive Coordinator.
Item #1 DISCUSSION REGARDING THE 66TH RECONSTRUCTION UPDATE (COUNCIL
MEMO NO. 64)
Transportation Engineer Broz discussed Metro Transit's proposed alternate routes during the
66th Street reconstruction project. Discussion also included updates and timelines for the MCES
sewer work between Lake Shore Drive and Portland, roadway construction and streetscape design.
The City Council stressed the need for advance neighborhood communication.
Mayor Goettel voiced concern regarding no parking during the weekend on north/south routes.
Public Works Director Asher stated the Transportation Commission recommendation is to
proceed with City Council approval of the Metro Transit's alternate routes.
Item #2 DISCUSSION REGARDING 69TH STREET PEDESTRIAN PILOT PROJECT
(COUNCIL MEMO NO. 64)
Transportation Engineer Broz discussed several alternatives to improve pedestrian safety in
the segment of 69th Street between Xerxes and Penn Avenues. He discussed a proposed pilot
program, including roadway striping, lane markings and symbols, traffic and speed monitoring,
implementation of parking restrictions and installing vertical delineators.
Mr. Broz stated the Transportation Commission recommendation was to proceed with the pilot
program in fall 2016.
The City Council consensus was to proceed with the 691h Street Pedestrian Pilot Project.
ADJOURNMENT
The worksession was adjourned by unanimous consent at 6:57 p.m.
Date Approved: October 11, 2016
Cheryl Krumholz
Executive Coordinator
Debbie Goettel
Mayor
Steven L. Devich
City Manager
CALL TO ORDER
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
September 27, 2016
The meeting was called to order by Mayor Goettel at 7:00 p.m. in the Council Chambers.
Council Members Debbie Goettel, Mayor; Michael Howard; Edwina Garcia; Tom Fitzhenry;
Present: and Pat Elliott.
Staff Present: Steven L. Devich, City Manager; John Stark, Community Development
Director; Kristin Asher, Public Works Director; Kris Weiby, Acting
Recreation Services Director; Pam Dmytrenko, Assistant City Manager/HR
Manager; Mary Tietjen, City Attorney; and Cheryl Krumholz, Executive
Coordinator.
PLEDGE OF ALLEGIANCE
Mayor Goettel led the audience in the Pledge of Allegiance.
OPEN FORUM
None.
APPROVAL OF MINUTES
M/Garcia, S/Howard to approve the minutes of the Regular City Council Meeting of
September 13, 2016.
Motion carried 5-0.
Item #1 PRESENTATION OF THE RICHFIELD SWEET STREETS AWARD (COUNCIL
MEMO NO. 65)
Sarah Ellis, American Public Works Association representative, presented the award to
Mayor Goettel.
Item #2 PRESENTATION REGARDING THE #RICHFIELDNOW LAUNCH (COUNCIL
MEMO NO. 66)
Council Meeting Minutes -2- September 27, 2016
Assistant City Manager/HR Manager Dmytrenko announced the #richfieldnow launch.
Item #3 COUNCIL DISCUSSION
• Discussion regarding the rescheduling of the November 8, 2016 Regular
City Council Meeting to Tuesday, November 15, 2016
• Hats Off to Hometown Hits
The City Council consensus was to reschedule the November 8, 2016 Regular City Council
Meeting to Tuesday, November 15, 2016.
Mayor Goettel announced the October 8 Richfield Renovation event.
Council Member Garcia announced the October 6 Richfield Foundation Wine & Cheese
gathering at Woodlake Centre; the October 1 League of Women Voters Open forum with the
legislative and City Council candidates; and that MIRA Resources is seeking Board of Directors
members.
Council Member Elliott reported on the success of the September 18 Open Streets event.
Council Member Howard announced the October 1 Nokomis -Minnesota River Regional
Trail grand opening celebration at Taft Park. He also stated that in-person early voting was
available.
Council Member Fitzhenry provided a Noise Oversight Committee update, bandshell sound
testing update, and Beyond the Yellow Ribbon update.
Item #4 COUNCIL APPROVAL OF AGENDA
M/Elliott, S/Fitzhenry to approve the agenda.
Motion carried 5-0.
Item #5 CONSENT CALENDAR
A. Consideration of the approval of the resolution designating the City's contribution towards
health, dental, term life, and disability insurance premiums for General Services and
Management employees for 2017. S.R. No. 145
RESOLUTION NO. 11248
RESOLUTION DESIGNATING CITY'S CONTRIBUTION
TOWARD HEALTH, DENTAL, TERM LIFE, AND DISABILITY INSURANCE
PREMIUM FOR GENERAL SERVICES AND MANAGEMENT EMPLOYEES
This resolution appears as Resolution No. 11248.
B. Consideration of the approval of a resolution certifying delinquent water, sanitary sewer,
and storm water charges to the Hennepin County Auditor. S.R. No. 146
RESOLUTION NO. 11249
Council Meeting Minutes -3- September 27, 2016
RESOLUTION AUTHORIZING CERTIFICATION OF UNPAID WATER,
SANITARY SEWER, AND STORM WATER CHARGES TO THE
COUNTY AUDITOR TO BE COLLECTED
WITH OTHER TAXES ON SAID PROPERTIES
This resolution appears as Resolution as Resolution No. 11249
C. Consideration of the approval of a first reading of an ordinance repealing and replacing City
Code Section 550 pertaining to Floodplain Management Regulations and schedule a
second reading for October 11, 2016. S.R. No. 147
D. Consideration of the approval of two resolutions supporting grant applications to Hennepin
County for the Cedar Point 11 Housing redevelopment project and the Cedar Point South
project. S.R. No. 148
RESOLUTION NO. 11250
RESOLUTION SUPPORTING THE SUBMITTAL OF AN APPLICATION TO
HENNEPIN COUNTY FOR TRANSIT ORIENTED DEVELOPMENT
PROGRAM FUNDS FOR CEDAR POINT II HOUSING
RESOLUTION NO. 11251
RESOLUTION SUPPORTING THE SUBMITTAL OF AN APPLICATION TO
HENNEPIN COUNTY FOR TRANSIT ORIENTED DEVELOPMENT
PROGRAM FUNDS FOR CEDAR POINT SOUTH
These resolutions appear as Resolution Nos. 11250 and 11251.
E. Consideration of the approval of resolutions pertaining to the annual 77th Street
maintenance district assessment process and scheduling a public hearing for October 25,
2016. S.R. No. 149
RESOLUTION NO. 11252
RESOLUTION DECLARING COST TO BE ASSESSED
AND ORDERING PREPARATION OF PROPOSED ASSESSMENT
FOR 77TH STREET MAINTENANCE
FOR THE PERIOD JANUARY 1, 2015 THROUGH DECEMBER 31, 2015
RESOLUTION NO. 11253
RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS OF
CURRENT SERVICES PROVIDED WITHIN THE 77TH STREET
PROJECT AREA FOR THE PERIOD
JANUARY 1, 2017 THROUGH DECEMBER 31, 2017
These resolutions appear as Resolution Nos. 11252 and 11253.
F. Consideration of the approval of resolutions pertaining to the annual Lyndale/HUB/Nicollet
(LHN) maintenance assessment process and scheduling a public hearing for October 25,
2016. S.R. No. 150
RESOLUTION NO. 11254
Council Meeting Minutes -4- September 27, 2016
RESOLUTION DECLARING COST TO BE ASSESSED
AND ORDERING PREPARATION OF PROPOSED ASSESSMENT
FOR LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE
FOR THE PERIOD JANUARY 1, 2015 THROUGH DECEMBER 31, 2015
RESOLUTION NO. 11255
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, 2017 THROUGH DECEMBER 31, 2017
These resolutions appear as Resolution Nos. 11254 and 11255.
G. Consideration of the approval of a resolution declaring costs to be assessed for removal of
diseased trees from private property for work ordered in 2015 and scheduling a public
hearing for October 25, 2016. S.R. No. 151
RESOLUTION NO. 11256
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, 2015 TO DECEMBER 31, 2015.
This resolution appears as Resolution No. 11256.
H. Consideration of the approval of a resolution authorizing the filing of the James Metzen
Mighty Ducks Grant Application for the phase one conversion of the existing R-22 direct
refrigeration system. S.R. No. 152
RESOLUTION NO. 11257
RESOLUTION AUTHORIZING FILING OF THE JAMES METZEN MIGHTY DUCKS
GRANT APPLICATION FOR THE PHASE ONE CONVERSION
OF THE EXISTING R-22 DIRECT REFRIGERATION SYSTEM
AT THE RICHFIELD ICE ARENA
This resolution appears as Resolution No. 11257.
M/Goettel, S/Garcia to approve the Consent Calendar.
Motion carried 5-0.
Item #6 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT
CALENDAR
None.
Item #7 PUBLIC HEARING REGARDING A RESOLUTION FOR A FINAL PLAT OF THE
RICHFIELD PROPERTIES LLC ADDITION THAT WILL COMBINE FOUR
Council Meeting Minutes -5- September 27, 2016
PARCELS (1400-78 STREET EAST, 1420-78 STREET EAST, 1500-78
STREET EAST AND 7711 -14TH AVENUE) ON WHICH A NEW AUDI CAR
DEALERSHIP IS BEING CONSTRUCTED S.R. NO. 153
Council Member Garcia presented Staff Report No. 153.
David Phillips, Phillips Architects, provided an update on the project.
M/Elliott, S/Howard to close the public hearing.
Motion carried 5-0.
M/Garcia, S/Elliott that the following resolution be adopted and that it be made part of these
minutes:
RESOLUTION NO. 11258
RESOLUTION GRANTING APPROVAL OF A PLAT FOR
RICHFIELD PROPERTIES LLC
Motion carried 5-0. This resolution appears as Resolution No. 11258.
Item #8 CONSIDERATION OF A ZONING AMENDMENT AND SITE PLAN FOR
PARKING LOT MODIFICATIONS AT THE CEDAR AVENUE LIQUOR STORE
(6600 CEDAR AVENUE) S.R. NO. 154
Council Member Howard presented Staff Report No. 154.
Community Development Director Stark discussed the process for this City -owned property
versus a private entity. He reviewed the sidewalk and pedestrian access, impervious site
regulations, bicycle rack modifications, and parking standards.
City Manager Devich stated the project is on a fast track due to the parking lot being
completed now so the liquor store does not need to shut down again.
M/Howard, S/Fitzhenry that this constitutes the first reading of the ordinance applying the
General Business (C-2) Zoning Designation to land immediately adjacent to 6600 Cedar Avenue
and that the following resolution be adopted and that it be made part of these minutes:
RESOLUTION NO. 11259
RESOLUTION GRANTING APPROVAL
OF A SITE PLANTO ALLOW MODIFICATIONS TO THE
PARKING LOT AT 6600 CEDAR AVENUE
M/Garcia, S/Goettel to amend the resolution to add the stipulation that a bicycle rack with
enhanced capacity and an artistic design be installed by May 31, 2017.
Motion to amend resolution carried 5-0.
Motion carried 5-0. This resolution appears as Resolution No. 11259.
Item #9 1 CONSIDERATION OF AN AMENDMENT TO THE CITY'S COMPREHENSIVE
Council Meeting Minutes -6- September 27, 2016
PLAN AND ADOPTION OF A NEW CEDAR CORRIDOR MASTER PLAN. THE
PROPOSED AMENDMENT CHANGES THE GUIDING PRINCIPLES EAST OF
17TH AVENUE BETWEEN 66T" AND 77T" STREET S.R. NO. 155
Council Member Fitzhenry presented Staff Report No. 155.
Michelle Mongeon Allen, JLG Architects, presented a plan update.
Community Development Director Stark stated, on August 22, 2016, the Planning
Commission approved the proposed amendment.
Council Member Howard stated communication to the public was important.
M/Fitzhenry, S/Howard that the following resolution be adopted and that it be made part of
thPSP minutes -
RESOLUTION NO. 11260
RESOLUTION AMENDING THE CITY'S COMPREHENSIVE PLAN
CHANGING THE DESIGNATION OF
PROPERTIES WITHIN THE CEDAR AVENUE CORRIDOR
Motion carried 5-0. This resolution appears as Resolution No. 11260.
Item #10 CITY MANAGER'S REPORT
City Manager Devich provided an update on the Cedar Avenue Municipal Liquor Store
renovation.
Community Development Director Stark provided an update on the Lyndale Garden site.
Item #11 CLAIMS AND PAYROLLS
M/Elliott, S/Garcia that the following claims and payrolls be approved:
U.S. Bank 09/27/16
A/P Checks: 253244-253587 1,203,193.57
Payroll: 122259-122575, 42530-42531 593,938.52
TOTAL $ 1,797,132.09
Motion carried 5-0.
OPEN FORUM
None.
Item #12 ADJOURNMENT
The City Council Meeting was adjourned by unanimous consent at 8:12 p.m.
Council Meeting Minutes -7- September 27, 2016
Date Approved: October 11, 2016
Cheryl Krumholz
Executive Coordinator
Debbie Goettel
Mayor
Steven L. Devich
City Manager
AGENDA SEC -10N: CONSENT CALENDAR
AGENDA ITEM # 6.A.
STAFF REPORT NO. 156
CITY COUNCIL MEETING
10/11/2016
REPORT PREPARED BY: Matt Brillhart, Associate Planner
DEPARTMENT DIRECTOR REVIEW: John Stark, Community Development Director
10/5/2016
OTHER DEPARTMENT REVIEW:
CITY MANAGER REVIEW: STEVEN L. DEVICH
10/5/2016
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the approval of a resolution granting a one-year extension of a conditional use permit
and variances allowing an auto repair business at 6600 Portland Avenue.
EXECUTIVE SUMMARY:
On November 10, 2015 the City Council approved a conditional use permit and variances to allow a new auto
repair business at 6600 Portland Avenue. Due to budgetary issues and difficulty in securing appropriate
contractors to perform the work, the project's progress has been slower than anticipated. Land use approvals
expire one year after being issued, unless substantial work on the project has been performed, or the
applicant requests an extension. The owner of the property, Phuong Le, submitted the attached letter
requesting a one-year extension of land use approvals related to this project. The applicant anticipates
completing the project within the next 12 months.
RECOMMENDED ACTION:
By motion: Approve a one-year extension of the conditional use permit and variances to allow an auto
repair business at 6600 Portland Avenue.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
See Executive Summary.
B. POLICIES (resolutions, ordinances, regulations, statutes, etcy
The term of City approvals is one year. If a project for which approvals have been granted is not
substantially underway within one year, the applicant must request an extension from the City
Council.
The City Council may grant an extension of up to one year.
C. CRITICAL TIMING ISSUES:
• 60 -DAY RULE: The 60 -day clock started when a complete application was received on
September 15, 2016. A decision is required by November 15, 2016 OR the Council must notify the
applicant that it is extending the deadline (up to a maximum of 60 additional days or 120 days
total) for issuing a decision.
° The applicants approvals are scheduled to expire on November 10, 2018.
O. FINANCIAL IMPACT:
The required processing fee has been paid.
E. LEGAL CONSIDERATION:
None.
ALTERNATIVE RECOMMENDATION(S):
Deny an extension of the land use approvals. The applicant will have to begin the land use approvalprocess
PRINCIPAL PARTIES EXPECTED AT MEETING:
PhuongLe-owneofPacificAutoCare
Description Type
D ResoUubmn Resolutionettar
D LeRarnequasUmgexiension BaokmpMaberiaU
D PneVmmSUyappnmved ResokitimmNo, 11138 BaokuAMa&ariaU
RESOLUTION NO.
RESOLUTION GRANTING AN EXTENSION
OF A CONDITIONAL USE PERMIT AND VARIANCES
TO ALLOW AN AUTO REPAIR BUSINESS
AT 6600 PORTLAND AVENUE
WHEREAS, by Resolution No. 11138, adopted on November 10, 2015, the City
Council approved a conditional use permit and variances at 6600 Portland Avenue; and
WHEREAS, Subsections 547.09, Subdivision 9 of the Richfield City Code requires
that substantial construction be completed within one year of approval, less the approval
expire or the applicant requests and is granted an extension; and
WHEREAS, City staff has received a request from Phuong Le (the "Applicant") for a
one-year extension; and
WHEREAS, the City Council wishes to provide the additional time requested.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield,
as follows:
1. The City Council extends the approvals granted by Resolution No. 11138 for a
period not to exceed one year.
2. The deadline for "substantial construction" is hereby extended to November
10, 2017.
Adopted by the City Council of the City of Richfield, Minnesota this 11th day of
October, 2016.
Debbie Goettel, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
Phuong Le
4486B Clover Ln
Eagan, MN 55122
REQUEST FOR EXTENSION OF CONDITIONAL USE PERMIT
City of Richfield
Community Development Department
I am writing to request an extension of Conditional Use Permit for the following application:
Applicant Name:
Mailing Address:
Phone Number:
Business Name:
Property Address:
Phuong Le
4486B Clover Ln
Eagan, MN 55122
651-270-4253
Pacific Auto Care
6600 Portland Ave S
Richfield, MN 55423
Application Case No.: 15 -CUP -04,15 -VAR -04
Current Expiration Date: November 12, 2016
Due to the low budget, multiple changes in the floor plan, and difficulty in coordinating the works
among the engineer and contractor, the project's progress has been slower than expected. However, I
am confident that I will be able to finish the project within the next 12 months as the majority of the
works have been done.
Your attention and consideration are greatly appreciated..
Phuong Le
RESOLUTION NO. 11138
RESOLUTION APPROVING A
CONDITIONAL USE PERMIT
AND VARIANCES
FOR AN AUTO REPAIR BUSINESS
AT 6600 PORTLAND AVENUE
WHEREAS, an application has been filed with the City of Richfield which requests
approval of a conditional use permit and variances to allow an auto repair business at the
parcel of land located at 6600 Portland Avenue (the "Property"), legally described as:
LOTS 1, 2 AND 3, INCLUDING THE EAST 1/2 OF THE VACATED ALLEY ADJACENT
THERETO, BLOCK 1, MCCUTCHAN'S PORTLAND AVENUE PARK, HENNEPIN COUNTY,
MINNESOTA
WHEREAS, the Planning Commission of the City of Richfield held a public hearing and
recommended approval of the requested conditional use permit and variances at its October
26, 2015 meeting; and
WHEREAS, notice of the public hearing was published in the Sun -Current and mailed to
properties within 350 feet of the subject property; and
WHEREAS, the requested conditional use permit meets the requirements necessary for
issuing a conditional use permit as specified in Richfield's Zoning Code, Subsection 547.09
and as detailed in City Council Staff Report No. 177; and
WHEREAS, the Zoning Code states that if an auto repair shop abuts a residentially
zoned lot, a buffer yard of not less than 25 feet in width and 75 percent all -season opacity from
the ground to a height of six (6) feet shall be provided to separate all aspects of such use from
abutting residential parcels. The Council may reduce this requirement to not less than 15 feet if
significant additional landscaping and fencing, with 100 percent all -season opacity, is provided
to screen the auto mechanical or body repair shop use, Subsection 534.07, Subd. 12(b); and
WHEREAS, the Zoning Code states that a minimum 15 -foot buffer is required to
separate all aspects of an auto repair shop from adjacent parcels, Subsection 534.07, Subd.
12(c); and
WHEREAS, the Zoning Code states that in no case shall the front setback of a principal
building exceed 60 feet in the General Business (C-2) District, Subsection 534.11, Subd. 2(c);
and
WHEREAS, the Zoning Code states that a physically separated pedestrian access from
all public sidewalks is required, Subsection 544.15; and
WHEREAS, Minnesota Statutes Section 462.357, Subdivision 6, provides for the
granting of variances to the literal provisions of the zoning regulations in instances where their
enforcement would cause "practical difficulty" to the owners of the property under
consideration; and
WHEREAS, based on the findings below, the Richfield City Council approves the
requested variance from Richfield Zoning Code Subsections 534.07, Subd. 12(b) & (c);
534.11, Subd. 1 & 2(c); and 544.15; and
WHEREAS, the City has fully considered the request for approval of the conditional use
permit;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield,
Minnesota, as follows:
1. The City Council makes the following general findings:
a. The Property is zoned General Business (C-2).
b. The Zoning Code states that if the use site abuts a residentially zoned lot, a buffer
yard of not less than 25 feet in width and 75 percent all -season opacity from the
ground to a height of six (6) feet shall be provided to separate all aspects of such
use from abutting residential parcels. The Council may reduce this requirement to
not less than 15 feet if significant additional landscaping and fencing, with 100
percent all -season opacity, is provided to screen the auto mechanical or body repair
shop use. The proposed buffer is 7 feet. A variance from Subsection 534.07, Subd.
12(b) is required.
c. The Zoning Code states that a minimum 15 -foot buffer is required to separate all
aspects of an auto repair shop from adjacent parcels. The proposed buffer is 7 feet.
A variance from Subsection 534.07, Subd. 12(c) is required.
d. The Zoning Code states that a parking shall be set back a minimum of 15 feet from
residential property. The proposed setback is 7 feet. A variance from Subsection
534.11, Subd. 1 is required.
e. The Zoning Code states that the maximum front setback for a principal building on a
lot located along an arterial road is 40 feet or the average setback of the existing
principal building(s) abutting such lot, whichever is greater. In no case shall the front
setback for a principal building exceed 60 feet. The proposed setback is 67 feet. A
variance from Subsection 534.11, Subd. 2(c) is required.
f. The Zoning Code states that Pedestrian access points shall be provided at all
pedestrian arrival points to the development including the property edges, adjacent
lots, abutting street intersections, crosswalks, and at transit stops. No pedestrian
connection is proposed from the Portland Avenue sidewalk. The pedestrian
connection from the 66th Street sidewalk is proposed to be striped with paint only,
and not physically separated from vehicle traffic. A variance from Subsection 544.15
is required.
2. With respect to the application for variances from Richfield Zoning Code Subsection
534.07, Subd. 12(b) and (c); and Subsection 534.11, Subd. 1, the City Council makes
the following findings:
a. Strict enforcement would cause a practical difficulty by removing the ability to park
and maneuver vehicles behind the building. The placement of the existing building
and preferred location for vehicle storage necessitates reducing the required buffer
yard.
b. The placement of the existing building was not created by the applicant.
c. Granting the requested variance will not alter the character of the neighborhood. The
applicant proposes to add 7 feet of buffer yard that is not present today. While not
ideal, this represents an improvement over the present condition by adding buffer
space and additional landscaping. No adverse impacts are anticipated.
d. The variances requested are the minimum necessary to alleviate the practical
difficulties.
e. The proposed variances do not conflict with the purpose or intent of the Ordinance
or Comprehensive Plan.
3. With respect to the application for a variance from Subsection 534.11, Subd. 2(c), the
City Council makes the following findings:
a. It is reasonable to reuse the existing building. Strict enforcement would create a
practical difficulty.
b. This property was constructed prior to codes dictating maximum building setback.
The applicant did not create this situation.
c. The variance requested is not expected to have any impact on the character of the
neighborhood.
d. The variances requested are the minimum necessary to alleviate the practical
difficulties.
e. The proposed variances do not conflict with the purpose or intent of the Ordinance
or Comprehensive Plan.
4. With respect to the application for a variance from Subsection 544.15, the City Council
makes the following findings:
a. Given the locations of the crosswalk, raised planter bed, and curb cuts in relation to
one another, requiring a striped pedestrian connection from the Portland Avenue
sidewalk would be a practical difficulty.
b. When the intersection was reconstructed as a roundabout, design decisions were
made to construct a raised concrete planter bed and barrier, preventing direct site
access in line with the crosswalk. This situation was not created by the applicant.
c. The variances requested are not expected to have any impact on the character of
the neighborhood.
d. The variances requested are the minimum necessary to alleviate the practical
difficulties.
e. The variances requested do not conflict with the purpose or intent of the Ordinance
or Comprehensive Plan.
5. Based on the above findings, a variance is hereby approved to permit a 7 -foot fenced /
landscaped buffer and parking setback on the south side of the Subject Property.
6. Based on the above findings, a variance is hereby approved to permit a 67 -foot front
building setback.
7. Based on the above findings, a variance is hereby approved to permit a striped
pedestrian connection from the 66th Street sidewalk only.
8. A conditional use permit is issued to allow an auto repair business, as described in City
Council Staff Report No. 177, on the Subject Property legally described above.
9. This conditional use permit is subject to the following conditions in addition to those
specified in Section 547.09 of the City's Zoning Ordinance:
• A recorded copy of the approved resolution must be submitted to the City
prior to the issuance of a building permit.
• Fencing to screen damaged vehicles must completely screen the vehicles
from all sides, aside from the drive aisle opening. Damaged vehicles must be
stored inside the proposed fenced area only.
• Landscaping plans must be approved by the Community Development and
Public Works Departments prior to installation. Plans must show complete
fence locations and details, and a trash enclosure that complies with
Subsection 544.05. Along the northern and eastern property lines adjacent to
the roundabout (between curb cuts), staff recommends standard parking lot
screening and a prohibition against the storage of damaged vehicles in this
area. Sight triangles at driveways must be maintained. Any landscaping in the
boulevard will require a Boulevard Feature Permit. The applicant shall be
responsible for continued maintenance of landscaping in keeping with the
approved plans.
• All areas of the site not occupied by buffer yards or required landscaping shall
be paved with asphalt or concrete as necessary. The parking lot perimeter
shall have concrete curb and gutter installed around the buffer yards.
• A grading and utility plan must be submitted and approved by the Public
Works Director prior to the issuance of a building permit.
• Any new utility service must be underground. All new utilities, including roof-
top equipment, must be screened in accordance with City Code requirements.
A screening plan is required prior to installation.
• Separate sign permits are required. All signs must be set back
• The applicant is responsible for obtaining all required permits, compliance
with all requirements detailed in the City's Administrative Review Committee
Report dated September 10, 2015, and compliance with all other City and
State regulations;
• Prior to the issuance of an occupancy permit, the applicant must submit a
surety equal to 125% of the value of any improvements and/or requirements
not yet complete, unless reduced by the Community Development Director.
This surety shall be provided in the manner specified by the Zoning Code.
10. This conditional use permit and these variances shall expire one year after issuance
unless 1) The use for which the permit was granted has commenced; or 2) Building
permits have been issued and substantial work performed; or 3) Upon written request of
the applicant, the Council extends the expiration date for an additional period not to
exceed one year. Expiration is governed by the City Zoning Ordinance, Section 547.09,
Subdivision 9.
11. This conditional use permit shall remain in effect for so long as conditions regulating it
are observed, and the conditional use permit shall expire if normal operation of the use
has been discontinued for 12 or more months, as required by the City's Zoning
Ordinance, Section 547.09, Subd. 10.
Adopted by the City Council of the City of Richfield, Minnesota this 10th day of
November 2015.
ATTEST:
Elizabe VanHoose, City Clerk
AGENDA SEC -10N: CONSENT CALENDAR
AGENDA ITEM # 6.13.
STAFF REPORT NO. 157
CITY COUNCIL MEETING
10/11/2016
REPORT PREPARED BY: Melissa Poehlman, City Planner
DEPARTMENT DIRECTOR REVIEW: John Stark, Community Development Director
10/5/2016
OTHER DEPARTMENT REVIEW:
CITY MANAGER REVIEW: STEVEN L. DEVICH
10/5/2016
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the approval of the second reading of the ordinance amendment zoning land adjacent
to 6600 Cedar Avenue as General Business (C-2).
EXECUTIVE SUMMARY:
In conjunction with the remodeling of the Cedar Avenue Liquor Store, the City is acquiring additional adjacent
land from the Minnesota Department of Transportation (MnDOT) in order to expand and reconfigure the
parking lot. Site plans related to these changes were approved by the Council on September 27, 2016. The
City must also legally combine the newly acquired land with the existing site and apply a zoning
designation to this area. The attached Ordinance would zone the additional land (approximately 30
ft. x 233 ft.) as General Business (C-2) to match the adjacent Liquor Store property. Afirst reading
of this Ordinance was approved alongside the Site Plan approvals on September 27th.
RECOMMENDED ACTION:
By Motion: Approve the Ordinance applying the General Business (C-2) Zoning Designation
to land immediately adjacent to 6600 Cedar Avenue.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
N/A
B. POLICIES (resolutions, ordinances, regulations, statutes, etc.
N/A
C. CRITICAL TIMING ISSUES:
N/A
D. FINANCIAL IMPACT:
N/A
E. LEGAL CONSIDERATION:
• A public hearing was held before the Planning Commission on September 26, 2016. Notice of the
public hearing was published in the Sun Current Newspaper and mailed to properties within 350
feet.
No members of the public testified or submitted comments related to this proposal.
The Planning Commission voted to recommend approval of the proposed rezoning (4-1, Hayford
Oleary dissenting).
The Council approved a first reading of the attached ordinance on September 27, 2016.
ALTERNATIVE RECOMMENDATION(51.
• None
PRINCIPAL PARTIES EXPECTED AT MEETING:
ATTACHMENTS:
Description Type
D t: ir6i nance t::kd inai nce
D P&Z C&Maps ExhlflNt
ORDINANCE NO.
AN ORDINANCE RELATING TO ZONING;
AMENDING APPENDIX 1 TO THE RICHFIELD CITY
CODE BY ADDING NEW LAND
ADJACENT TO 6600 CEDAR AVENUE AND
DESIGNATING SAID LAND AS
GENERAL BUSINESS (C-2)
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Section 3, Paragraph (75) of Appendix 1 of the Richfield Zoning Code
is amended to read as follows:
(75) M-49 (15th to Cedar Avenues and East 66th Street). That area
lying between the center line of 15th and a line 33 feet east of the
center line of Cedar Avenues, and between the center line of 66th
Street and a line distant 250 feet southerly thereof and parallel
thereto; except that area where zone PC -2 (5) overlaps with said
zone in the block bounded by Cedar and 18th Avenues and by
66th and 67th Streets.
Sec. 2. This ordinance is effective in accordance with Section 3.09 of the
Richfield City Charter.
Debbie Goettel, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
V
U
U
.l'M�dOl3ldHOl?J
U 0
�
.................................................................................................................................................................
...............................m....................................".........................................................
0
x
Z
VMHH
iOIL o
U�aEo
__...................................................................................................................................
LL J.VMHJIH
m
o
!^
iii/
coo
............................
VAA
to
r
_a
ST E TO SB H7 __,",
..... ....... .... .."
_"."
o
0
rQr•l�/
m
....................................... ..........................
31S H199CN ".."..".
Ol LL,IMH 8S"",""""
66TH
7 7
_"."...." ,
J
A rn
E °...S.B........H......W.....Y
_
s
^
N
Ol LL lMH 8S "..";.".."..".."..".."...
__........._.........._.
a
a
L.L
..,
3O
......... ...............
o
o
,...,........................................
.,�...N
o
M
U
d
U
O
N
`". °�
..... ......... .........
3nVbva30
......... ...............
0
U
N
0
(A
U
a
o
�
�
�
�I •
V U
0
0
E
�
C
C
f0
O
Ln
�
Ll
L
L
V
r
E
`
O
/eK,
a�..
U U U
............... ..................... ........
E
a
D
@
U
L
C7
�
. .
E
•�
U
U V V
U
E
E
AMS d41313HO1}J
° O
0
........................................
m
LO
O
O
0 0 0
o CD
m
.IMJId41313HOW
WAAAI JOl31dHORi
o
@ m
E L
................. .............................................................................................................. ........ ........".
.,..
r
E a
�/�
VJ
AM>id41313HMJ
0
=
p E
U
'^
moi/
..."..,
_...............................................................................................................
.........
H
............ ......... ........-..
o
YU
w
3nVH1Ll
n
E —
N c
a
E o
iq m
p N U
L)
0
USO
V
U
U
.l'M�dOl3ldHOl?J
U 0
�
.....................................................................................................................................................................
L'L AVMHOIH
LL oo
0
Z x
nj
.........................................................................................................................w
..................................... .........................."..................................................°.......................................................°....................................................................................
LL J.VMHJIH
m
o
!^
iii/
coo
to
r
_a
ST E TO SB H7 __,",
..... ....... .... .."
_"."
o
0
m
....................................... ..........................
31S H199CN ".."..".
Ol LL,IMH 8S"",""""
66TH
J
w
U
a
..,
3O
......... ...............
o
o
,...,........................................
.,�...N
o
M
—
d
U
O
N
C
a
o
�
�
�
�I •
V U
0
E
`
/
O
o
0
�
L
L
r
E
U U U
E
@
U
C7
�
. .
E
O
AMS d41313HO1}J
° O
........................................
m
XMJid41313HO1}J
o CD
3nVH1Ll
o
@ m
m
L
c m
�
N
U a
V
U
U
.l'M�dOl3ldHOl?J
U 0
�
AGENDA SEC -10N: CONSENT CALENDAR
AGENDA ITEM # 6.C.
STAFF REPORT NO. 158
CITY COUNCIL MEETING
REPORT PREPARED BY: Jeff Pearson, City Engineer
10/11/2016
DEPARTMENT DIRECTOR REVIEW: Kristin Asher, Public Works Director
10/3/2016
OTHER DEPARTMENT REVIEW:
CITY MANAGER REVIEW: STEVEN L. DEVICH
10/5/2016
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the approval of a resolution restricting parking on Nicollet Avenue from 76th Street to
1-494.
EXECUTIVE SUMMARY:
City staff have received several complaints about the safety of the parking condition on Nicollet Avenue south
of 76th Street. Parking is currently allowed in this area on Sunday only; however, with no designated parking
lane or shoulder, drivers have been parking in the right-hand travel lane. Due to the traffic volume and
frequency of vehicles making turns into businesses, the presence of parked vehicles in a travel lane has
created confusion and is a safety concern. The proposed resolution would prohibit parking at all times on the
street south of 7614 Nicollet Avenue (the end of the designated shoulder).
RECOMMENDED ACTION:
By Motion: Adopt a resolution for "No Parking Any Time" on both sides of Nicollet Avenue commencing
from 7614 Nicollet Avenue south to 78th Street.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
The current "No Parking - Except Sundays" configuration was introduced by resolution in 1970 on
Penn, Lyndale, Nicollet, and Portland Avenues.
The conversions of Penn and Nicollet Avenues to 3 -lane sections created a full shoulder that
eliminated the Sunday parking concerns except in areas still in the 4 -lane configuration.
Although traffic volumes north of 76th Street have been fairly consistent over time, the section of
Nicollet Avenue south of 76th Street has seen an increase in traffic over recent years due to
redevelopment in that area.
B. POLICIES (resolutions, ordinances, regulations, statutes, etch
• The City has the authority to restrict parking on public streets.
C. CRITICAL TIMING ISSUES:
• None.
D. FINANCIAL IMPACT:
• Signage revisions will be completed by budgeted maintenance staff.
E. LEGAL CONSIDERATION:
• The City Attorney will be available to answer any questions.
ALTERNATIVE RECOMMENDATION(B)LI
• None.
PRINCIPAL PARTIES EXPECTED AT MEETING:
None.
ATTACHMENTS:
Description Type
D No 1F:Iairll<liirng IRe;naallutlioi n Resolution Il....etteir
RESOLUTION NO.
RESOLUTION RELATING TO TRAFFIC CONTROL SIGNS
"NO PARKING" ON NICOLLET AVENUE
BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as
follows:
That the City staff is hereby authorized and directed to erect the following signs at the
following locations:
"No Parking Any Time" on both sides of Nicollet Avenue
commencing from 7614 Nicollet Avenue south to 78th Street.
That when the aforementioned traffic control signs have been so erected on said
street, they shall be official traffic control signs of the City of Richfield and failure to
observe such signs shall constitute a violation of the traffic ordinance of this City.
Adopted by the City Council of the City of Richfield, Minnesota this 11th day of
October 2016.
Debbie Goettel, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
101 12016N Parking
AGENDA SEC -10N: CONSENT CALENDAR
AGENDA ITEM # 6.D.
STAFF REPORT NO. 159
CITY COUNCIL MEETING
10/11/2016
REPORT PREPARED BY: Betsy Osborn, Support Services Manager
DEPARTMENT DIRECTOR REVIEW: Jay Henthorne, Public Safety Director
10/5/2016
OTHER DEPARTMENT REVIEW:
CITY MANAGER REVIEW: STEVEN L. DEVICH
10/5/2016
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the approval of a resolution authorizing the lawful gambling premises permit for the
American Legion Auxiliary Unit of Minneapolis -Richfield Post #435 to conduct lawful gambling at the
Minneapolis -Richfield American Legion Post #435, 6501 Portland Avenue South.
EXECUTIVE SUMMARY:
On September 9, 2016, the City received an application for a premises permit to be submitted to the
Minnesota State Gambling Control Board by American Legion Au)aliary Unit of Minneapolis -Richfield Post
#435, to conduct lawful gambling at the Minneapolis -Richfield American Legion Post #435, 6501 Portland
Avenue South.
The Richfield Lions Club currently holds a premises permit at the Minneapolis -Richfield American Legion Post
#435. The American Legion Au)aliary Unit requested to also have a premises permit for the Minneapolis -
Richfield American Legion Post #435. Previous City Code did not allow for more than one entity to hold a
premises permit at one location. The American Legion Au)aliary Unit of Minneapolis -Richfield Post #435 then
inquired about changing the City Code to allow more than one entity a premises permit per location.
On June 28, 2016, the City Council approved the ordinance change allowing up to two licensed gambling
organizations to conduct gambling at on sale liquor or club establishments.
RECOMMENDED ACTION:
By motion: Adopt the resolution approving the lawful gambling premises permit application from the
American Legion Auxiliary Unit of Minneapolis -Richfield Post #435 to conduct lawful gambling at the
Minneapolis -Richfield American Legion Post #435, 6501 Portland Avenue South.
[+Y6]M:jxd9]JiI iyi1:4►IIDEA 9Is] ZF
A. HISTORICAL CONTEXT
On September 9, 2016, the City received all the required documents from the American Legion Au)aliary
Unit of Minneapolis -Richfield Post #435 to conduct lawful gambling at the Minneapolis -Richfield American
Legion Post #435, 6501 Portland Avenue South.
Since the City revised the gambling ordinance to allow for two gambling organizations to hold premises
permits at an on sale or club establishment, the American Legion Au)aliary Unit of Minneapolis -Richfield
Post #435 can now hold a premise permit along with the Richfield Lions Club who also currently holds a
premises permit for the Minneapolis -Richfield American Legion Post #435.
B. POLICIES (resolutions, ordinances, regulations, statutes, etcy
City Code, section 1100.13, subd. 7, allows a licensed gambling organization to lease or occupy
an On -Sale Liquor establishment at a different location for the purpose of conducting gambling.
The Minneapolis -Richfield American Legion Post #435 is an on-sale/club liquor establishment.
The Minnesota Gambling Control Board requires that a licensed gambling organization submit a
premises permit application and lease form for lawful gambling activity at another site. The Board
requires the City Council approve the permit application by Resolution.
The American Legion Au)aliary Unit of Minneapolis -Richfield Post #435 is already a licensed
gambling organization, so no investigation or fee is required.
C. CRITICAL TIMING ISSUES:
The Minnesota Gambling Control Board approves permit applicantions at the beginning of each month. If
the Council adopts the Resolution at the meeting on October 11, 2016, the American Legion Au)allary Unit
of Minneapolis -Richfield Post #435 could begin operation and management of the gambling activity at the
Legion after November 1, 2016. Otherwise, the applicant would be required to wait until December 1,
2016.
D. FINANCIAL IMPACT:
There is no financial impact.
E. LEGAL CONSIDERATION:
There are no legal considerations.
ALTERNATIVE RECOMMENDATION(B)LI
The City Council could deny the request for the premises permit for the American Legion Au)aliary Unit of
Minneapolis -Richfield Post #435. This would mean the applicant would not be able to conduct gambling
activities at the Minneapolis -Richfield American Legion Post #435 site.
PRINCIPAL PARTIES EXPECTED AT MEETING:
Parties from the Minneapolis -Richfield American Legion Post #435 and the American Legion Au)aliary Unit of
Minneapolis -Richfield Post #435 have been notified of the meeting and both will have representatives present.
ATTACHMENTS:
Description
Type
® l �esoll�artlioirn Il 1pll,,�„ I[:Zclh:fiield �'��aixill airy Gairnnll�llliirnq 11==1eirnnlises Resolution ll....e�tteir�
L. eirirrnlit
RESOLUTION NO.
A RESOLUTION APPROVING THE LAWFUL GAMBLING PREMISES PERMIT
APPLICATION FOR THE AMERICAN LEGION AUXILIARY UNIT OF
MINNEAPOLIS -RICHFIELD POST 435 TO CONDUCT LAWFUL GAMBLING AT
THE MINNEAPOLIS -RICHFIELD AMERICAN LEGION POST #435 AT 6501
PORTLAND AVENUE SOUTH
WHEREAS, the American Legion Auxiliary Unit of Minneapolis -Richfield Post #435 is
submitting an application to the Minnesota Gambling Control Board for approval of a Premises
Permit application to conduct lawful charitable gambling at the Minneapolis -Richfield American
Legion Post #435 at 6501 Portland Avenue South, Richfield, MN; and
WHEREAS, the gambling premises is located within the City limits of Richfield,
Minnesota; and
WHEREAS, the American Legion Auxiliary Unit of Minneapolis -Richfield Post #435 is
a lawful gambling organization within the City; and
WHEREAS, the American Legion Auxiliary Unit of Minneapolis -Richfield Post #435
will be responsible for operating and managing the lawful gambling activity at the American
Legion site and will comply with all applicable requirements of city code and state statutes.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield,
Minnesota that the City Council does hereby approve the issuance of a Premises Permit to the
American Legion Auxiliary Unit of Minneapolis -Richfield Post #435 to conduct lawful
charitable gambling activities at the Minneapolis -Richfield American Legion Post #435, 6501
Portland Avenue South, Richfield, Minnesota.
Adopted by the City Council of the City of Richfield, Minnesota this 11th day of October 2016.
Debbie Goettel, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
468959v1 MDT RC1 60-3
AGENDA SEC -10N: CONSENT CALENDAR
AGENDA ITEM # 6.E.
STAFF REPORT NO. 160
CITY COUNCIL MEETING
10/11/2016
REPORT PREPARED BY: Chris Regis, Finance Manager
DEPARTMENT DIRECTOR REVIEW:
OTHER DEPARTMENT REVIEW:
CITY MANAGER REVIEW: STEVEN L. DEVICH
10/5/2016
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the approval of a resolution reauthorizing membership in the 4M Fund and entering
into a Declaration of Trust with the 4M Fund.
EXECUTIVE SUMMARY:
The City of Richfield has been and is currently a participant in the Minnesota Municipal Money Market Fund
(the 4M Fund). The fund is governed and sponsored by the League of Minnesota Cities Board of Directors.
The 4M Fund currently offers professional investment management through two funds — the Liquid Asset Fund
and the PLUS Fund.
In addition, the 4M Fund also provides a wide range of fixed term investments provided through PMA Financial
Network, Inc. which also acts as the administrator of the 4M Fund.
Accordingly, as a result of the turbulent financial markets over the last several years, there have been new
rules and regulations enacted that affect businesses that provide financial services to municipalities.
In response to the new rules and regulations that have been enacted over the last several years, PMA
Financial Network, Inc. is requesting the City of Richfield to pass a resolution reauthorizing membership in
the 4M Fund and enter into a Declaration of Trust.
RECOMMENDED ACTION:
By Motion: Approve the resolution reauthorizing membership in the 4M Fund and entering into a
Declaration of Trust.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
• None.
B. POLICIES (resolutions, ordinances, regulations, statutes, etch
• The City is a member of the 4M Fund and will comply with the rules and regulations governing
municipal advisors.
C. CRITICAL TIMING ISSUES:
* None.
D. FINANCIAL IMPACT-
* There is no financial impact on the City by the approval of the resolution.
E. LEGAL CONSIDERATION:
a None.
ALTERNATIVE RECOMMENDATION(W.
None.
PRINCIPAL PARTIES EXPECTED AT MEETING:
N/A
ATTACHMENTS:
Description Type
D 4M f:::UndDedair-afloin of Rust CointracMgreeirneint
D ResolbUoin IRean Utlhnoiriiziirng If ernbeirship liirn Lhe 4M f::'Und ResdlUtioin 1 eReir
ate of M inneso
SECRETARY OF STATE
Certificate of Business Trust
I. Joan Anderson Growe, Secretary of State of Minnesota, do
certify that: A copy of the Declaration of Trust of the trust
listed below Was filed With this office on this date, by a member
of the board of trustees of that trust. who swore that the copy
filed was a true and correct copy of the declaration of trust_
The trustee also set forth the name and address of the agent of
the trust for service of process, and met all the filing
requirements of Minnesota Statutes, Chapter 318.
Name of Business Trust:
Minnesota Municipal Money Market Fund
File Number: BT -406
Name and Address of Agent for Service of Process:
League of Minnesota Cities
The Leacrue of MN Cities 183 Univ Ave E
St Paul MN 55161 -
This certificate has been issued on 64/23/87.
Secretary of State.
NITNNESOTA NIUNICIPAL
NIONEY NIARKET FUND
(A Minnesota entity formed
-pursuant to the
Minnesota Joint Powers Act)
DECLARATION OF TRUST
(As adopted in January, 1987)
EXHIBIT C
r
TABLE OF COT E"T NTS
%.e
ARTICLE II
vers of the Trustees
9
6
RECITALS
10
Section 2.02
Permitted Investments
I I
Section 2.03
ARTICLE I
11
Section 2.04
Disposition of Assets
The 4M Fund
Section 2.05
Taxes
12
Section 2.06
7
Section 1.01
Name
Purpose; Only Certain
Minnesota Municipalities to be Participants
7
Section 1.02
``
12
Section 2.09
Section 1.03
Location
Nature `of 4M Fund and Declaration of Trust
7
Section 1.04
13
Section 2.11
8
Section 1.05
Definitions
_
13
ARTICLE II
vers of the Trustees
9
Section 2.01
General
10
Section 2.02
Permitted Investments
I I
Section 2.03
Legal Title
11
Section 2.04
Disposition of Assets
12
Section 2.05
Taxes
12
Section 2.06
Rights as Holders of Fund Property
1 `
Section 2.07
Delegation; Committees
12 —
Section 2.08
Collection
12
Section 2.09
Payment of Expenses
13
Section 2.10
Borrowing and Indebtedness
13
Section 2.11
Deposits
13
Section 2.12
Valuation
13
Section 2.13
Section 2.14
Fiscal Year, Accounts
Concerning the Fund and Certain Affiliates
13
14
Section 2.15
Section 2.16
Investment Program
Power to Contract, Appoint, Retain and Employ
14
15
Section 2.17
Insurance
15
Section 2.18
Seal
15
Section 2.19
Indemnification
15
Section 2.20
Remedies
15
Section. 2.21
Information Statement
16
Section 2.22
Further Powers
16
Section 2.23
Compliance With Laws•--
16
Section 2.24
Tax or Aid or Revenue Anticipation Borrowing
ARTICLE III
chnicnl Advisory Bonrd. Investment Adviser. Administrator. and Custodian
Section 3.01
Appointment
16
Section 3.02
Duties of the Adviser
17
Section 3.03
Duties of the Administrator
17
Section 3.04
Duties of the Custodian
17
Section 3.05
Successors
17
ARTICLE IV
Investments
Section 4.01 Statement of Investment Policy and Objective 17
Section 4.02 Restrictions Fundamental to the Fund 18
Section 4.03 - Amendment of Restrictions 19
ARTICLE V
ARTICLE VI
Interests of Particioants
Section 6.01
Limitations of Liability
Section 6.02
Section 5.01
Liability to Third Persons
19
Section 5.02
Liability to the Fund or to the Participants
19
Section 5.03
Indemnification
19
Section 5.04
Surety Bonds
20
Section 5.05
Apparent Authority
20
Section 5.06
Recitals.
21
Section 5.07
Reliance on Experts, Etc.
21
Section 5.08
Liability Insurance
21
Section 5.09
No Waiver
21
ARTICLE VI
Interests of Particioants
Section 6.01
General
Section 6.02
Allocation of Shares -
Section 6.03
Evidence of Share Allocation
Section 6.04
Reduction in Number of Shares to Maintain Constant Net Asset Value
Section 6.05
Withdrawals
Sectibn 6.06
Suspension of Right of Withdrawal; Postponement of Payment
Section 6.07
Minimum Withdrawal
Section 6.08
Defective Withdrawal Requests
Section 6.09 '
Allocation of Certain Expenses
21
22
22
22
22
22
23
23
23
n,
1
ARTICLE VII
Record of Shares
Section 7.01
Share Register
Section 7.02
Registrar
Section 7.03
Owner of Record
Section 7.04
No Transfers of Shares
Section 7.05
Limitation of Fiduciary Responsibility
Section 7.06
Notices
ARTICLE VIII
Participants
Section 8.01
Voting
Section 8.02
Right to Initiate a Vote of the Participants
-" Section 8.03
Inspection of Records
Section 8.04
Meetings of Participants
Section 8.05
Notice of Meetings and Votes
Section 8.06
Record Date for Meetings and Votes
Section 8.07
Proxies
Section 8.08
Number of Votes
Section 8,09
Reports
ARTICLE IX
-
Trustees and Officers
Section 9.01
Number and Qualification; Non -Voting Trustees
Section 9.02
Meetings
Section 9.03
Officers
Section 9.04
Committees
Section 9.05
Reports
ARTICLE X
Determination of Net Asset Value and Net Tncome:
Distributions to Particioants
Section 10.1
Net Asset Value
Section 10.2
Constant Net Asset Value; Reduction of Allocated Shares
Section 10.3
Supplementary Distributions to Participants
Section 10.4•
Retained Reserves
23
24
24
24
24
24
24
25 f
25
25
25
.25
25
26
26
26
26
27
27
27
28
28
28
28
ARTICLE XI
Custodian
Section 11.1
Duties'
29
29
Section 11.2
Appointment
29
Section 11.3
Custodian Agreement
Z9
Section 11.4
Agents of Custodian
29.
Section 11.5
Successors
29
Section 11.6
Custodian as Depository for Participants
ARTICLE XII
Recording, of Declirntion of Trust
Section 12.1
Recording
29 l
ARTICLE XIII
Amendment or Termination of Fund- Duration of Fund
Section 13.1
Amendment or Termination
30
31
Section 13.2
Power to Effect Reorganization -
31
Section 13.3
Duration
ARTICLE XIV
Kscellaneous
Section 14.1
Governing Law
31
31
Section 14.2
Counterparts
31
Section 14.3
Reliance by Third Parties
32
Section 14.4
Provisions in Conflict with Law
32
Section 14.5
Gender; Section Headings .
Electing to Become Additional
Section 14.6
-Adoption by Municipalities
32
Participants; Resignation of Participants
Execution
0
WiTNESETH:
WHEREAS, Minnesota Statutes, Section 471.59 (the "Joint Powers Act") provides, among
other things, that governmental units (as such term is defined therein), by agreement entered into
through action of their governing bodies, may jointly or cooperatively exercise any power common
to the contracting parties; and
WHEREAS, the term "governmental unit" is defined in the Joint Powers. Act to include
municipality as defined herein; and
«'HEREAS, all of the Initial Participants are Municipalities of the State of Minnesota
that desire to enter into an agreement and thereby establish an entity for joint investment;-vnder
the provisions of the aforementioned Joint Powers Act, pursuant to this Declaration of Trust for
the purpose of combining their respective available investment funds not currently needed by such
Municipalities so as to enhance the investment opportunities available to them and increase the
investment earnings accruing to them respectively; and
WHEREAS, this Declaration of Trust is intended to be an agreement entered into
pursuant to the Joint Powers Act for the purpose of better exercising the Participants' power to
invest their respective funds in accordance with the Laws of the State of Minnesota; and
WHEREAS, the Board or Council of each of the Initial Participants has duly adopted a
resolution authorizing the applicable Initial Participant to become a party to, and has approved this
Declaration of Trust pursuant to the Joint Powers Act; and
WHEREAS, the Board or Council of each of the Initial Participants, by its aforementioned
• approval of this Declaration of Trust, has authorized the investment of funds of such Initial
Participant in investments of the nature permitted by Minnesota Law, as applicable, and in the
manner contemplated by this Declaration of Trust; and
WHEREAS, it is proposed that the beneficial interest in the 414 Fund's assets shall be
divided into non -transferable shares of beneficial interest, which shall be evidenced by a share
register maintained by the 4M Fund or its agent; and
WHEREAS, the Initial Participants anticipate the other Municipalities of the State of
Minnesota may wish to become Participants by adopting this Declaration of Trust and thus becom-
ing parties to it;
NOW, THEREFORE, the Initial Participants hereby declare that all moneys, assets,
securities, funds and property now or hereafter acquired pursuant to this agreement shall be held
and managed' in trust for the equal and proportionate benefit of the holders of record from time to
time of shares beneficial interest herein, without privilege, priority or distinction among such
holders, and subject to the terms, covenants, conditions, purposes and provisions hereof.
6
to
ARTICLE I
The 41\1 Fund
1.01 Name. The name of the common law trust created by this Declaration of Trust
shall be "Minnesota Municit):tl Money N41rket Fund" (the 4M Fund) and, so far as may be practica-
ble, the Trustees shall conduct the 4M Fund's activities, execute all documents and sue or be sued
under that name, which name (and the word "4M Fund" wherever used in this Declaration of Trust,
except where the context otherwise requires) shall refer to the Trustees in their capacity as
Trustees, and not individually or personally, and shall not refer to the officers, agents, employees,
counsel, advisers, consultants, accountants, or Participants of the +4M Fund or of such Trustees. x
Should the Trustees determine that the use of such name is not practicable, legal or convenient,
they may use such other designation or they may adopt such other name for the 4i\T Fund as they
deem proper, and the 4M Fund may hold property and conduct its activities under such designation
or name. The Trustees shall take such actions as they, acting with the advice of counsel, shall
deem necessary or appropriate to file or register such name in accordance with the Laws -of the
State of Minnesota or the United States of America so as to protect and reserve the right of the
4M Fund in and to such name.
1.02 Puroose Only Certain Minnesom Municionlities to be P1rtICiD10ts-
(a) The purpose of the 4M Fund is to provide a means through which
Municipalities may jointly and cooperatively exercise their power to invest their respective available
funds so as to enhance their investment opportunities pursuant to an investment program conducted
from time to time in effect, governing the
in accordance with the Laws of the State of Minnesota,
investment of the Municipal Funds. Only Municipalities organized under the Laws of the State of
Minnesota may become Participants. A Municipality may become a party to this Declaration of
Trust and may place moneys in the 4M Fund only after its Board or Council has duly adopted a
resolution, or taken other applicable official action, authorizing such Municipality to become a
Participant of the 4M Fund and adopting this Declaration of Trust.
-(b) It is not necessary for a municipality to place any funds in the 4M Fund
to become a Participant, and no minimum investment balance must be maintained by a Municipality
which has become a Participant in order for such Municipality to continue tobe a Participant.
1.03 Location. The 4M Fund shall maintain an office of record in the State of
Minnesota and may maintain such other offices or places of business as the Trustees may from time
to time determine. The initial office of record of the 4M Fund shall be: c/o League of Minnesota
Cities, 183 University Ave. East, St. Paul, Minnesota 55101. The office of record may be changed
from time to time by resolution of the -Trustees, and notice of such change of the office of record
shall be given to each Participant.
1.04 N,tu a of dNJ Fend and Dec=o tion of Trust.
(a) The 4M Fund shall be a common law trust (also known as a business trust) organi-
zed and existing under the laws of the State of Minnesota. The 4M Fund is not intended to be,
shall not be deemed to be, and shall not be treated as, a general partnership, limited partnership,
7
joint venture, corporation, investment company, joint stock association or joint stock compan}.
The Participants shall be beneficiaries of the 4M Fund, and their relationship to the Trustees shall
be solely in their capacity as Participants and beneficiaries in.accordance with the rights conferred
upon them hereunder.
(b) This Declaration of Trust is an agreement of indefinite term regarding the joint or
cooperative exercise .of a power common to the parties thereto. within the meaning of the Joint
Powers Act.
1.05 Definitions. As used in this Declaration of Trust, the following terms shall have
the following meanings unless the context hereof otherwise requires:
"Administrator" shall mean any Person or Persons appointed, employed or contracted with
by the Trustees under the applicable provisions of Section 3.1 hereof.
'Administration Agreement" shall mean the agreement with the Administrator referred to
in Section 3.3 hereof as the same may be amended from time to time.
"Adviser" shall mean any Person or Persons appointed, employed or contracted with by
the Trustees under the applicable provisions of Section 3.1 hereof.
"Affiliate" shall mean, with respect to any Person, another Person directly or indirectly
controlling, controlled by or under common control with such Person, or any officer, director,
partner or employee of such Person.
"Board of Trustees" or "Trustees" shall mean the Board of Directors of the League of
Minnesota Cities.
"Board" or "Council" shall mean the governing body of a Minicipality as defined herein.
�c o <A ���
"Custodian" shall mean any Person or Persons appointed, employed or contracted with by
the Administrator under the applicable provisions of Section 11.2 hereof. —
"Custodian Agreement" shall mean the agreement with the Custodian referred to in
Section 11.1 hereof as the same may be amended from time to time.
"Declaration of Trust" shall mean this Declaration of Trust as amended, restated or
modified from time to time. References in this Declaration of Trust to "Declaration", "hereof",
'herein", "hereby" and "hereunder" shall be deemed to refer to the Declaration of Trust and shall
not be limited to the particular text, article or section in which such words gppear.
'Employee of a Municipality" or "Municipal Employee" shall mean a director of finance, a
finance official or other managerial employee of a Municipality charged with responsibility for
municipal finance.
74M Fund" shall mean the common law trust created by this Declaration of Trust.
04M Fund Property" shall mean, is -of any particular time, any and all property, real,
personal or otherwise, tangible or intangible, which is transferred, conveyed or paid to the 41\4
Fund or the Trustees and all income, profits and gains therefrom and which, at such time, is owned
or held by, or for the account of, the 4M Fund or the Trustees.
8
"Information Statement" shall mean the information . statement or other descriptive
document or documents adopted as such by the Trustees and distributed by the 4M Fund to
participants and potential Participants of the 4M Fund as the same may be amended by the
Trustees from time to time.
"Initial Participants" shall mean the League of Minnesota Cities and the City of
Minnetonka which Municipalities initially formed the 41\4 Fund by the execution and adoption of this
Declaration of Trust.
"Investment Advisory Agreement" shall mean the agreement with the Adviser referred to
in Section 3.2 hereof as the same may be amended from time to time.
"Joint Powers Act" shall mean Minnesota Statutes, Section 471.59.
"Laves" shall mean common law and all ordinances, statutes, rules, regulations, orders,
injunctions, decisions, opinions or decrees of any government or political subdivision or agency
thereof, or any court or similar entity established by any thereof.
"Municipality" shall mean county, city, town, public authority, public corporation, public x
f the
ate or
erespecial
�, commission, and an "instrumentality" (a political
ltermdisldefin d in the sion, or an eJoint ncy oPowers stAcr)-oflta
subdtvistons Y
municipality.
'Participants" shall mean the Initial Participants and the Municipalities which adopt this
Declaration of Trust pursuant to Section 14.6 hereof.
"Permitted Investments" shall mean the investments referred to in Paragraph (b) or
Section 2.2 hereof.
"Person" shall mean and include individuals, corporations, limited partnerships, general
partnerships, joint. stock companies or associations, joint ventures, associations, companies, trusts,
banks, trust companies, land trusts, business trusts or other entities (which or not legal en+icies)
and governments and agencies and political subdivisions thereof.
"Share" shall mean the unit used to denominate and measure the respective beneficial
interests of the Participants in the Fund Property as described in Article VI.
"Share Register" shall mean the register of Shares maintained pursuant to Article VII
hereof.
"Technical Advisory Board" shall mean the persons appointed bj, the Trustees to act as
technical advisors to the Trust.
ARTICLE II
Powers of the Trustees .
2.1 General. Subject to the rights 'of the Participants as provided herein, the Trustees
shall have, without other or further authorization, full, exclusive and absolute power, control and
authority over the 4M Fund Property and other the affairs of the 4M Fund to the same extent as
if the Trustees were the sole and absolute owners of the 4M Fund Property in their own right, and
9
1�
with such powers of delegation as may be permitted by this Declaration of Trust. The trustees may
do and perform such acts and things as in their sole judgment and discretion are necessary and
proper for conducting the affairs of the 4NI Fund or promoting the interests of the 4M Fund. and
the Participants. The enumeration of any specific power or authority herein shall not be construed
as limiting the aforesaid general power or authority or any specific power or authority. The
trustees may exercise any power authorized and granted to them by this Declaration of Trust.
Such powers of the Trustees may be exercised without the necessity of any order or, or resort to,
any court.
2.2 Permitted Tnvestments. The Trustees shall have full and complete power, subject in
all respects to Article IV hereof,
(a) to conduct, operate and provide an investment program for the Participants;
and
(b) for such consideration as they may deem proper and as may be required by
Law; to subscribe for, invest in, reinvest in, purchase or otherwise acquire, hold, sell, assign,
transfer, exchange, distribute or otherwise deal in or dispose of investment instruments as permit-
ted by Law (the "Permitted Investments"). Permitted Investments include, without limitation, as of
the date hereof, the following: 1
(i) any security which is a direct obligation of or is guaranteed as to payment
of principal and interest by the United States of America or any agency or instrumentality thereof;
(ii) shares of an investment company (1) registered under the federal invest-
ment company act of 1940, whose shares are registered under the federal securities act of 1933,
and (2) whose only investments are in securities described in the preceding clause and repurchase
agreements fully collateralized by those securities, if the repurchase agreements are entered into
only with those primary reporting dealers that report to the Federal Reserve Bank of New York
and with the 100 largest United States commercial banks;
(iii) any security which is a general obligation of the State of Minnesota or
any of its municipalities;
(iv) bankers acceptances of United States banks eligible for purchase by the
Federal Reserve System;
(v) commercial paper issued by United States corporations or their Canadian
subsidiaries that is of the highest quality and matures in 270 days or less;
(vi) deposits in a national bank or - in a state bank or thrift institution
insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance
Corporation, Law provided
that anysuch su such fshall or thrift institutione insured, shat meet ttor llcriterliaedesitgnatedthe manner
from
required y
time to- time by the Trustees;
(vii) repurchase agreements (a) with any bank qualified as a depository of
money held in the debt service fund of a municipality of the State of Minnesota or (b) with any
national or state bank in the United States of America which is a member of the Federal
a Primary
Reserve
System and'whose combined capital and surplus equals or exceeds 510,000,000 or (c)
Reporting Dealer in United States Government Securities to the Federal Reserve Bank of New York
as such term is defined in Minnesota. Statutes, Section 475.5 1, Subdivision 11 or (d) a securities
10
14
broker-dealer having its principal executive office in Minnesota, licensed pursuant to Chapter 80A
or an affiliate of it, regulated by the Securities and Exchange Commission and maintaining a
combined capital and surplus of 540,000,000 or more, exclusive of subordinated debt; and
(viii) such other investment instruments now or hereafter permitted by
applicable Law for the investment of moneys of Municipalities organized under the laws of the
State of Minnesota.
In the exercise of their powers, the Trustees shall not be limited, except as otherwise
provided hereunder, to investing in Permitted Investments maturing before the possible termination
of the 4M. Fund. Except as otherwise provided in this Declaration of Trust, the Trustees shall not
be limited by any Law now or hereafter in effect limiting the investments which may be held or
retained by trustees or other fiduciaries, and they shall have full authority and power to make any
and all Permitted Investments within the limitations of this Declaration of Trust, that they, in their
absolute discretion, shall determine to be advisable and appropriate. The Trustees shall have no
liability for loss with respect to Permitted Investments made within the terms of this Declaration
of Trust, even though such investments shall be of a character or in an amount not considered
proper for the investment of trust funds by trustees or other fiduciaries. The Trustees shall be
permitted only to make Permitted Investments in accordance with Article IV of this Declaration of
Trust.
2.3 1 Pent Title.
(a) Legal title to all of the 4M Fund Property shall be vested in the Trustees on
behalf of the Participants and be held by and transferred to the Trustees, except that the Trustees
shall have full and complete power to cause legal title to any 4M Fund Property to be held, on
behalf of the Participants, by or in the name of the 4M Fund, or in the name of any other Person
manner, and with such powers as the Trustees may determine,
as nominee, on such terms, in such
so long as in their judgment the interest of the 4M Fund is adequately protected.
(b} The right, title and interest of the Trustees in and to the 4M Fund Property
shall vest automatically in all persons who may hereafter become Trustees upon their election to
the Board of Directors of the League of Minnesota Cities and qualification without any further act.
Upon the expiration of term of office, resignation, disability, removal, adjudication as an
incompetent, or death of a Trustee, he (and in the event of his death, his estate) shalt automa-
tically cease to have any right, title or interest in or to any of the 4N4 Fund Property, and the
right, title and interest of such Trustee in and to the 4M Fund Property shall vest automatically in
the remaining Trustees without any further act.
2.4 Disposition of Assets. Subject in all respects to Article IV, hereof and to the Laws
from time to time applicable to Municipalities of the State of Minnesota, the Trustees shall have
full and complete power to sell, exchange or otherwise dispose of any and all 4M Fund Property
free and clear of any and all trusts and restrictions, at public or private sale, for cash or on
terms, with or without advertisement, and subject to such restrictions, stipulations, agreements and
reservations as they shall deem proper, and to execute and deliver any deed, power, assignment, bill
of sale, or 4her instrument in connection with the_ -foregoing.. The Trustees shall also have full
and complete power, subject in all respects to Article IV hereof, and in furtherance of the affairs
and purposes of the 4M Fund, to give consents and make contracts relating to 4M Fund Property
or its use.
2.5 =. The Trustees shall have full and complete power. (i) to pay all taxes or
assessments, of whatever kind oXiiature, validly and lawfully imposed upon or against the 01 Fund -
11
or the Trustees in connection with the 4M Fund Property or upon or against the 01 Fund Property
or income or any part thereof; (ii) to settle and compromise disputed tax liabilities; and (iii) for
the foregoing purposes to make such returns and do all such other acts and things as may be
deemed by the Trustees to be necessary or desirable.
2.6 Rights ns Holders of 4N4 Fund Prooerty. The Trustees shall have full and complete
power to exercise on behalf of the Participants all of the rights, powers and privileges appertaining
to the ownership of all or any Permitted Investments or other property forming part of the 4M
Fund Property to the same extent that any individual might, and, without limiting the generality of
the foregoing, to vote or give any consent, request or notice or waive any notice either in person
or by proxy or power of attorney, with or without the -power of substitution, to one or more
Persons, which proxies and powers of attorney may be for meetings or actions generally, or for any
particular meeting or action, and may include the exercise of discretionary powers.
2.7 Delegation: Committees. The Trustees shall have full and complete power (consistent
with their continuing exclusive authority over the management of the 4M Fund, the conduct of its
affairs, their duties and obligations as Trustees, and the management and disposition of 4M Fund
Property), to delegate from time to time to such one or more of their number (who may be
designated as constituting a committee of the Trustees as provided in Section 9.9 hereof) or to
officers, employees or agents of the 4M Fund (including, without limitation, the Administrator, the
Adviser and the Custodian) the doing of such acts and things and the execution of such instruments
either in the name of the 4M Fund, or the names of the Trustees or as their attorney or attorneys,
or otherwise as the Trustees may from time to time deem expedient and appropriate in the further-
ance of the business affairs and purposes of the 4M Fund.
2.8 Collection. The Trustees shall have full and complete power. (i) to collect, sue for,
receive and receipt for all sums of money or other property due to the 4M Fund; (ii) to consent to
extensions of the time for payment, or to the renewal of an}, securities, investments or obligations;
(iii) to engage or intervene in, prosecute, defend, compromise, abandon or adjust by arbitration or
otherwise any actions, suits, proceedings, disputes, claims, demands or things relating to the 4M
Fund Property; (iv) to foreclose any collateral, security or instrument securing any investments,
notes, bills, bonds, obligations or contracts by virtue of which any sums of money are owed -m the
4M Fund; (v) to exercise any power of sale held by them, and to convey good title hereunder free
of any and all trusts, and in connection with any such foreclosure or sale, to purchase or otherwise
acquire title to any property; (vi) to be parties to reorganization and to transfer to and deposit
with any corporation, committee, voting trustee or other Person any securities, investments or
obligations of any person which form a part of the 4M Fund Property, for the purpose of such
reorganization or otherwise; (vii) to participate in any arrangement for enforcing or protecting the
interests of the Trustees as the owners or holden of such securities, investments or obligations and
to pay any assessment levied in connection with such reorganization of arrangement; (viii) to
extend the time (with or without security) for the payment or delivery of any debts or property
and to execute and enter into releases, agreements and other instruments, and (ix) to pay or satisfy
any debts or claims upon any evidence that the Trustees shall deem sufficient.
2.9 Pavment of Exoenses. - The Trustees shall have full and complete power. (i) to
.....incur- and, pay any charges or expenses which in. the. opinio_u...4f ...,the. Trustees , are necessary or
incidental to or proper for carrying out any of the purposes of this Declaration of Trust; (ii) to
reimburse others for the payment therefor, and (iii) to pay appropriate compensation or fees from
the funds of the 4M Fund to Persons with whom the 4,M Fund has contracted or transacted
business. 'rhe Trustees shall fix the compensation, if any, of all officers and employees of the 4M
Fund. The Trustees shall not be paid compensation for their general services as Trustees here-
under. The Trustees may pay themselves or any one or more of themselves reimbursement for
12
Ib
expenses reasonably incurred by themselves or any one or more of themselves on behalf of the 4M
Fund.
2.10 Borrowing and Indebtedness. The Trustees shall not have the power to borrow
money or incur indebtedness on behalf of the 41A Fund, or authorize the Fund to borrow money or
incur indebtedness, except as provided in clause iv of Section 4.2 of this Declaration of Trust, but X
only if and to the extent permitted by Law. -
2.11 Devosits. The Trustees shall have full and complete power to deposit, in such
manner as may now or hereafter be permitted by Law, any moneys or funds, included in the 4M
Fund Property, and intended to be used for the payment of expenses of the 4M Fund or the
Trustees, with one or more banks, or thrift institutions meeting the requirements of Section
2.2(b)(vi) hereof. Such deposits are to be subject to withdrawal in such manner as the Trustees
may determine, and the Trustees shall have no responsibility for any loss which may occur by
reason of the failure of the bank or thrift institution with which the moneys, investments, or
securities have been deposited. Each such bank or thrift institution shall comply, with respect to
such deposits, with all applicable requirements of all applicable Laws, including, but not limited to,
Laws of the State of Minnesota relating to Municipalities.
2.12 Valuation. The Trustees shall have full and complete power to determine in good
faith conclusively the value of any of the 4M Fund Property and to revalue the 4M Fund Property.
2.13 Fiscal Year: Accounts. The Trustees shall have full and complete power to
determine the fiscal year of the 4M Fund and the method or form in which its accounts shall be
kept and from time to time to change the fiscal year or method or form of accounts. Unless
otherwise determined by the Trustees pursuant to this Section 2.13, the fiscal year of the 4M Fund
shall terminate on June 30 and commence on July I of each calendar year.
2.14 Concerning the 41\4 Fund znd Certnin Affiliates.
(a) . The 4M Fund may enter into transactions with any Affiliate of the 4M Fund or
_ of the Adviser, the Administrator, or the Custodian or of any Trustee, officer, director of employee
of the 4M Fund or with any Affiliate of an agent of the 4M Fund or of the Adviser,
the Adminis-
trator, or the Custodian if (i) each such transaction (or type of transaction) had, after disclosure
of such affiliation, been approved or ratified by the affirmative vote of a majority of the Trustees,
including a majority of the Trustees who are not Affiliates of any Person (other than the 4M Fund)
who is a party to the transaction or transactions with the 4M Fund and (ii) such transaction (or
type of transaction) is, in the opinion of the Trustees, on terms fair and reasonable to the 4M
Fund and the Participants and at least as favorable to them as similar arrangements for comparable
transactions (of which the Trustees have knowledge) with organizations unaffiliated with the 4M
Fund or with the Person who is a party to the transaction or transactions with the 4M Fund.
(b) Except as otherwise provided in this Declaration of Trust or in the Laws of
the State of Minnesota, in the absence of fraud, a contract, act or other transaction between the
4M Find;: and.�any_: gther Person, or in which the 4M Fund is interested, is valid and no Trustee,
officer, employee or agent of the 4M Fund shall have any liability as- a resuk<aF -entering.•bnto-an}� . .
such contract, act or transaction even though (i) one or more of the Trustees, officers, employees
or agents of such other Person, or (ii) one or More of the Trustees, officers, employees, or agents
of the 4M Fund, individually or jointly with or affiliated with, such contract, act or transaction,
r vid that (i) such interest or affiliation is disclosed to the Trustees and the Trustees authorize
such contract, act or other transaction by a vote of a majority of the unaffiliated Trustees, or (ii)
such interest or affiliation is disclosed to the Participants, and such contract, act or transaction is
13
approved by a majority of the Participants.
(c) Any Trustee or officer, employee, or agent of the 4M Fund may, in his
personal capacity, or in a capacity as trustee, officer, director, stockholder, partner, member,
agent, adviser or employee of any Person, have business interests and engage in business activities
in addition to those relating to the 4M Fund, which interests and activities may be similar to those
of the 4M Fund and include the acquisition, syndication, holding, management, operation or
disposition of securities, investments and funds, for his own account or for the account of such
Person. Each Trustee, officer, employee and agent of the 4M Fund shall be free of any obligation
to present to the 4M Fund any investment opportunity which comes to him in any capacity other
than solely as Trustee, officer, employee or agent of the 4M Fund, even if such opportunity is of a
character which, if presented to the 4M Fund, could be taken by the 4M Fund.
(d) Subject to the provisions of Article III hereof, any Trustee or officer, employee
or agent of the 4M Fund may be interested as trustee, officer, director, stockholder, partner,
member, agent, adviser or employee of, or otherwise have a direct or indirect interest in, an-,
Person who may be engaged to render advice or services to the 4M Fund, and may receive compen-
sation from such Person as well as compensation as Trustee, officer, employee or agent of the Fund
or otherwise hereunder. None of the activities and interests referred to in this paragraph (d) shall
be deemed to conflict with his duties and powers as Trustee, officer, employee or agent of the 4M
_ . Fund. f
(e) To the extent that any other provision of this Declaration of Trust conflicts
with, or is otherwise contrary to the provisions of, this Section 2.14, the provisions of this Section
2.14 shall be deemed controlling.
(f) Notwithstanding the foregoing provisions of this Section 2.14, the Trustees shall
not have the power to engage in any transaction with any Affiliate that -would be inconsistent with
the Laws of the State of Minnesota concerning conflicts of interest, including, but not limited to,
Minnesota Statutes, Sections 471.87 and 471.88, or any other Law limiting the Participants' power to
enter into such transaction, and the By -Laws of the 4M Fund may contain provisions more restric-
tive than those set forth in this Section 2.14. —
2.15 Investment Program. The Trustees shall use their best efforts to obtain through
the Adviser or other qualified Persons a continuing and suitable investment program, consistent
with the investment policies and objectives of the 4M Fund set forth in Article IV of this Declara-
tion of Trust, and the Trustees shall be responsible for reviewing and approving or rejecting the
investment program presented by the Adviser or such other Persons. Subject to the provisions of
Section 2.7 and Section 3.1 hereof, the Trustees may delegate functions arising under this Section
2.15 to one or more of their number or to the Adviser.
2.16 Power to Contract. Apr)oint. Retain and Emolov.
(a) Subject to the provisions of Section 2.7 and Section 3.1 hereof with respect to
delegation of authority by the Trustees, the Trustees shall have full and complete power to appoint,
employ,. retain, .or..contr�ct-with. any, Person oq "suitable qualifications and high repute (including. one x
or more of themselves and any corporation, partnership, trust or other entity of which one or more
of them may be an Affiliate, subject to the applicable requirements of Section 2.14 hereof) as the
Trustees may deem necessary, or desirable for the transaction of the affairs of the 4M Fund,
including ariy Person or Persons who, under the supervision of the Trustees, may, among other
things: (i) serve as the 41x1 Fund's investment adviser and consultant in connection with policy
decisions made by the Trustees; (ii) serve as the 4M Fund's administrator or co -administrators; (iii)
14
furnish reports to the Trustees and provide research, economic and statistical data in connection
with the 4M Fund's investments; (iv) act as consultants, accountants, technical advisers, attorneys,
brokers, underwriters, corporate fiduciaries, escrow agents, depositaries, custodians or agents for
collection, insurers or insurance agents, registrars for Shares or in any other capacity deemed by
the Trustees to be necessary or desirable; (v) investigate, select, and, on behalf of the 4M Fund,
conduct relations with Persons acting in such capacities and pay appropriate fees to, and enter into
appropriate contracts with, or employ, or retain services performed or to be performed by, any of
them in connection with the investments acquired, sold, or otherwise disposed of, or committed,
negotiated, or contemplated to be acquired, sold or otherwise disposed of; (vi) substitute any other
Person for any such Person, (vii) act as attorney-in-fact of agent in the purchase or sale or other
disposition of investments, and in the handling, prosecuting or other enforcement of any lien or
security securing investments; and (viii) assist in the performance of such ministerial functions
necessary in the management of the 4M Fund as may be agreed upon with the Trustees.
(b) The manner of employing, engaging, compensating, transferring, or discharging
any Person as an employee of the 4M Fund shall be subject to Minnesota Law. For purposes of
the preceding sentence, 'employee of the 4M Fund" shall not include independent contractors such
as the Adviser, the Administrator, the Custodian, counsel or independent accountants and their
respective employees.
2.17 Insurance. The Trustees shall have full and complete power to purchase ana pay
for, entirely out of 4M Fund Property, insurance policies insuring the 4M Fund and the Trustees,
officers, employees and agents of the 4M Fund individually against all claims and liabilities of every .
nature arising by reason of holding or having held any such office or position, or by reason of any
action alleged to have been taken or omitted by the 4M Fund or any such Person as Trustee,
officer, employee and agent, including any action taken or omitted that may be determined to
constitute negligence, whether or not the 4M Fund would have the power to indemnify such Person
against such liability.
2.18 Seil. The Trustees shall have full and complete power to adopt and use a seal for
the 4M Fund, but, unless otherwise required by the Trustees, it shall not be necessary for the seal
to be placed on, and its absence shall not impair the validity of, any document, instrument or other
paper executed and delivered by or on behalf of the 4M Fund.
2.19 Indemnification. 'In addition to the mandatory indemnification provided for in
Section 5.3 hereof, the Trustees shall have full and complete power, to the extent permitted by
applicable Laws, to indemnify or enter into agreements with respect to indemnification with any
Person with whom the 4M Fund has dealings, including, without limitation, the Adviser, the
Administrator, and the Custodian, to such extent as the Trustees shall determine.
2.20 Remedies. Notwithstanding any provision in this Declaration of Trust, when the
Trustees deem that there is a significant risk that an obligor to the 4M Fund may default or is in
default under the terms of any obligation to - the 4M Fund, the Trustees shall have full and
complete power to pursue any remedies permitted by Law which, in their sole judgment, are in the
interests of the 4M Fund, and the Trustees shall have full and complete power to enter into any
investment, commitment or obligation of the 01 Fund resulting from the pursuit of such remedies.
as are necessary or desirable to disposer -of property acquired in the pursuit of such remedies. .
2.21 - Informntion Statement. The, Trustees shall have full and complete power to
prepare, publish and distribute an Information Statement regarding the 4M Fund and to amend or
supplement the same from time to time.
15
19
Oki
2.2. Further Powell. The Trustees shall have full and complete power to take all such
actions, do all such matters and things and execute all such instruments as they deem necessary,
proper or desirable in order to carry out, promote
advance
the
f tally meet onedinterests and purposes Any de erm4n1
Fund although such actions, matters or things are not hereinspec
i.
as to what is in the best interests of the 4M Fund made by the Trustees
gopdofaithalh shall
be conclusive. In construing the provisions of this Declaration of Trust,
in favor of a grant of power
t the Property.
ey. The Trustees shall not be required to obtain any
court order to deal with the
2,23 Complinnce with Lnws. The Trustees shall at all times exercise all powers granted
hereunder in compliance with s a the States of of the 4M Minnesota. Fund shall at all times be conducted in
accordance with, the applicable Law
2.24 Tax or Aid or Revenue Anticipation Borro�Kin . Notwithstanding the provisions of
Section 2.10 or 4.2 or any other provision of this Declaration,
the Trustees shall have full and
part
f a
rogram of tax
or
complete power to borrow panic pant Munr incur icipaless ities. They They shall have the poweroto issue
revenue anticipation borrowing Y
such obligations on behalf of the Participants, coordinate the issuance of such obligations by the
Participants, to become members of joint powers cuor at reemorized to issue or coordinate the
ents of any nature authorized by
issuance of such obligations, or to enter into contra g
law related to the issuance of such obligations. The
assets
of such borrowingFund
andeanyhobligations
all KoEt be
pledged by the Trustees to the repayment of any portion
issued shall not constitute a debt of the 4N1 Fund, shall not be payable from or be a charge upon
any assets of the 4M Fund, �ashall norise
of the M eFund ryotherll,thanty f amounts recethe 4M Fund i�•edand
from
shall
not be enforceable atnst any property
participating Municipalities inn connection with that anticipation borrowing program which are
pledged to the repayment of the borrowing or obligations. The Trustees shall have such powers as
necessary to conduct or participate in such anticipation borrowing programs as approved by the
Trustees, including a program of investment of obligation proceeds.
ARTICLE III
Technical Advisory onrd Tnve tment Adviser Administrator and Custodian
3.1 Anoointment. The Trustees are responsible for the general investment policy and
program of the 4M Fund and for the general supervision agents,and employeea s,nistration investmentt ad eser , adminbusiness its -
affairs of the 4M Fund conducted by the officers, ag ,
trators, or independent contractors of the 4M Fund. ally to
The Trustees are not required person
nd
the 4M
conduct all of the routine business st of may ppoint,l employ �orccontract t their
with an Adviser as ultimate
responsibility as stated herein, tthe 4M
and a
investment adviser to the Trustees,
ndelegateAdministrator
author tv ao the tAd�iseroand the Admnnistrator
Custodian. The trustees may grant or
(pursuant to the terms of Section 2.16 hereof) or to any other Person the services of whom are
eem to
obtained by the Adviser or the he efficient tor, as managemeentrustees m2v
of the 01 Fund, withou discretion,ir sole egsrd to a hether
be necessary or desirable, for may
such authority is normallygranted
t dor serve delegated
'by: trustees- Co Advises and one orr1moreTpersons tosserve
appoint one or more pe
jointly as Co -Administrators. The same person may serve simultaneously as the Administrator an
erve as the
as the Adviser, but. no person serving as the Administrator or as the Adviser
magas corporation
Custodian. Piper Capital Management, Inc., a subsidiary of Piper Jaffray,
organized and existing under the Laws of the State of Delaware, is appointed as the initial
16
rI
Administrator and Adviser for the 4M Fund. MarquetteBaa Mi nncalp lisi o is y poiBoarddto assist
as the
initial Custodian for the 4M Fund. The Trustees shall appoint
the Trustees . the development Advisocies and the ry hall be made'ng up of such individuals reviewing of ss the Trustees
the 4M Fund. The Technic ry
deem advantageous to the Fund. The composition of the Technical Advisory Board may be changed
from time to time in the discretion of the Trustees.
3.2 Duties of the Adviser. The duties of the Adviser shall be those set forth in the
Investment Advisory Agreement to be entered into between the 4M Fund and amendment e At dv Investment
Such
duties may be modified by the Trustees, from time to time, by l
Advisory Agreement. Subject toArticle
4McFund Property on behalf of he Trustees oremay authorize an
purchases, sales, or exchanges y
officer, employee, agent or Trustee to effect such purchases, sales, or exchanges pursuant to
recommendations of the Adviser,
shall betdeemedhout rtoebe authorized by all r action by the tthe T ust es. The Inve tAny and all of h
puto rchases, sales, and exchange
ment Advisory Agreement may authorize the Adviser to employ
of shale provide thatlsit t ma � the
performance of its duties. The Investment Advisory Ag penalty b the t i Fund on
terminated at any time without cause and without the payment of any p Y
sixty (60) days written notice to the Adviser.
_ 3.3 Duties of the Administrator. The duties of the Administrator shall be those set
forth in the Administration Agreement to be entered into between the 4 by the and nd the dmiofnis
trator. Such duties may be modified by the Trustees, from time to time,
the
Administration Agreement.
sistr to in thel perforlon man eg of ilts duent ff sy Theauthorize
Admin stration1nAgre ment
employ other persons to as
time cause a
shall provide that it may be terminated at any
writtennotice Administrator.
ut the payment of any
penalty by the 4A1 Fund on sixty (60) daysritten noticeo
3.4 Duties of Custodian. The duties and qualifications of the Custodian shall be those
set forth in Article, l l herein.
3.5 aggg ssors. In the event that, at any time, the position of Adviser, Administrator,
Trusteesthe
contract
or Custodian shall become Adm nisf or an or eason,Custotan. Apredecesso appointshall- lor
ass employor
cooperate
with a successor Adviser,
with the 4M Fund in the smooth and orderly transition in the event a successor Adviser,
Administrator, or Custodian is appointed ,for any reason.
ARTICLE IV
Investments .
ject to the
itions and
4.1 Statement of lnvestment PQ_1_1 an Oa investment policy and objective of the
restrictions contained in Section 4.2 hereof, the general the highest
rustees_�sh�h . be . to provide to the Particints oc phtal4by nvestx�ig 1m PerTai_p edi investm en inve'stmentin.
yield, while maintaining liquidity and preserving
accordance with applicable provisions ofa Law,
asmay be set d from time tforth
more fully in the 4M Fund's
Information Statement, as the same may
be Fundamented to authorize the contrary, the 4tM Fund:anything in this
4.2 Restrictions
Declaration of Trust which may be deem
17
1
(i) May not make any investment other than investments authorized by the provi-
sions of Law applicable to the investment of funds by the Participants, as the same may be
amended from time to time;
(ii) May not purchase any Permitted Investment which has a maturity date more
than one year from the date of the 4M Fund's purchase thereof, unless subject, at the time of such
purchase by the 4M Fund, to an irrevocable agreement on the part of a Responsible Person to
purchase such Permitted Investment from the 4M Fund within one (l) year;
(iii) May not purchase any Permitted Investment if the effect of such purchase by
the 4M Fund would be to make the average dollar weighted maturity of the 4M Fund's investment
portfolio greater than ninety (90) days, provided, however, that in making such determination any
Permitted Investment which is subject to an irrevocable agreement of the nature referred to in the
preceding clause (ii) shall be deemed to mature on the day on which the 4M Fund is obligated to
sell such Permitted Investment back to a Responsible Person or the day on which the 4M Fund may
exercise its rights under such agreement to require the purchase of such Permitted Investment by a
Responsible Person;
(iv) May not borrow money or incur indebtedness except to facilitate as a tempor-
ary measure: `
(a) withdrawal requests which might otherwise require unscheduled dispositions
of portfolio investments;
(b) for a period not to exceed one business day, withdrawal requests pending
receipt of collected funds from investments sold on the date of the withdray.-al requests or with-
drawal requests from Participants who have notified the 4M Fund of their intention to deposit
funds in their accounts on the date of the withdrawal requests; or
(c) for a period not to exceed one business day, the purchase of Permitted
Investments pending receipt of collected funds from Participants who have notified the 4M Fund of
their intention to deposit funds in their accounts on the date of the purchase of the Permitted
Investments;
(v) May not make loans, provided that the 4M Fund may make Permitted Invest-
ments;
(vi) May not hold or provide for the custody of any 4M Fund Property in a manner
not authorized by Law or by any institution or Person not authorized by Law;
(vii) Except as permitted by Section 2.2(b)(ii) hereof, may not 'purchase securities or
shares of investment companies or any entities similar to the 4M Fund; and
'(viii) May not pledge assets except to secure indebtedness permitted by (iv) of this
Section 4.2; however in the case of indebtedness secured under Section 4.2(iv)(b) or (c) hereof, it
:may pledgg..as.se�ts, ogll,.to.--the extent of the actual funds in the account of a participant on whose
behalf the permitted indebtedness was incurred plus an amount equal` to that`iaifnot'r tt Y*t6i fih 'that -
Participant has notified the 4M Fund that it intends to deposit in its account on that date.
For the purposes of this Section 4.2, the phrase "Responsible Person" shall mean
person with which the 4M Fund is authorized to enter into agreements pursuant to Section
2.2(b)(vii) hereof.
18
4.3 Amendment of Restrictions. The restrictions set forth in Section 4.2 hereof are
fundamental to the operation and activities of the 4M Fund and may not be changed without the
affirmative vote of a majority of the Participants entitled to vote, except that such restrictions
may be changed by the Trustees so as to make them more restrictive when necessary to conform
the investment program and activities of the 4A4 Fund to the Laws of the State of Minnesota and
the United States of America as they may from time to time be amended.
ARTICLE V
Limitations of Liability
5.1 )viability to Third Persons. No Participant shall be subject to any personal liability
whatsoever, in tort, contract or otherwise to any other Person or Persons in connection with 4M
Fund Property or the affairs of the 4M Fund; and no Trustee, officer, employee or agent (including,
without limitation, the Adviser, the Administrator and the Custodian) ,of the 4M Fund shall be
subject to any personal liability whatsoever in tort, contract or otherwise, to any other Person or
Persons in connection with 4M Fund Property or the affairs of the 4M Fund, except that each shall
be personally liable for his bad faith, willful misconduct, gross negligence or reckless disregard of
his duties or for his failure to act in good faith in the reasonable belief that his action was n the
best interests of the 4M Fund and except that the Investment Advisory Agreement and the Admin-
istration Agreement shall provide for the personal liability of the Adviser or the Administrator, as
the case may be,
Fund Property t �hoseepe3rmitted byfailure
Law andtake
thiseasonale measures Declaration of Trust. restrict
investments of M
5,2 Liability to the 4M Fund or to the Participants. No Trustee, officer, employee or
agent (including, without limitation, the Adviser,
the Administrator and the Custodian) of the 4M
Fund shall be liable to the 4M Fund or to any Participant, Trustee, officer, employee or agent
(including, without limitation, the Adviser, the Administrator and the Custodian) of the 4M Fund
for any action or failure to act (including, without limitation, the failure to compel in any way any
former or acting Trustee to redress any breach of trust) except for his own bad faith, willful
misfeasance, gross negligence or reckless disregard of his duties and except that the Investment
Advisory Agreement and the Administration Agreement shall provide for the personal liability of. the
Adviser or the Administrator, as the case may be, for its willful or negligent failure to take
reasonable measures to restrict investments of 4M Fund Property to those permitted by Law and
this Declaration of Trust; provided, however that the provisions of this Section 5..2 shall not limit
the liability of any agent (including, without limitation, the Adviser, the Administrator and the
Custodian) of the 4M Fund with respect to breaches by it of a contract between it and the 4M
Fund.
5.3 Indemnificntion.
(a) The 4M Fund shall indemnify and hold each Participant harmless from and
against all claims and liabilities, whether they proceed to judgment or are settled or otherwise
brought to a conclusion,: lo..whicjr_:such--Participant may become subject by reason of its being or
having been a Participant, and shall reimburse such Participant for all legal and other -ex enses
reasonably incurred by it in connection with avy such claim or liability. The rights accruing to a
Participant under this Section 5.3 shall not exclude any other right to which such Participant m=y
be lawfully 'entitled, nor shall anything herein contained restrict the right of the 01 Fund to
indemnify or reimburse a Participant in any appropriate situation even though not specifically
provided herein.
19
(b) The 4M Fund shall indemnify each of its Trustees and officers, and employees
and agents (including, without limitation, the Adviser, the Administrator and the Custodian)
designated by the Board of Trustees to receive such indemnification, against all liabilities and
expenses (including, without limitation, amounts paid in satisfaction of judgments, in compromise or
as fines and penalties, and counsel fees) reasonably incurred by him in connection with the defense
or disposition of any action, suit .or other proceeding by the 4M Fund or any other Person, whether
civil or criminal, in which he may be involved or with
which
a Tr may
be threarened, while
e or office
or thereafter, by reason of his being or having been such
nt
(including, without limitation, the Adviser, the Administrator and the Custodian), except as to any
matter as to which he acted in bad faith or with willful misfeasance or reckless disregard of his
duties or gross negligence; in addition, in the case of the Adviser, Administrator, or the Custodian
in willful or negligent violation of the restrictions on investments of the 4M Fund Property;
vrovided, however, that the provisions of this Section 5.3 shall not be construed to permit the
indemnification of any agent (including, without limitation, the Adviser,
the Administrator and the
Custodian) of the 4M Fund with respect to breaches by it of a contract between it and the 4M
Fund; and further vrovided, however, that as to any matter disposed of by a compromise payment
by such Trustee, officer, employee or agent
'includina the Adviser Administrator or the Custodian),,f,
f
pursuant to a consent decree or otherwise, �no indemnification either for said payment or or any
other expenses shall be provided unless: 1) The 4M Fund receives a written opinion from
independent counsel approved by the Trustees to the effect that if the matter had—been
adjudicated, the defenses that could have been presented on behalf of such Trustee,
ru t e, offici er,
employee or agent (including the Adviser, the Administrator or the Custodian),
em:floveor
and 2) If in the inion of the Board of Trustees, the wereteenot actin rein bad faeth oragentw h #
Minion
includin t e Adviser, the Administrator o the Custodian)
willful misfeasance or reckless disregard of their duties or gross negligence. The rights accruing to
any rustee, o icer, emp oyee or agent inc u ,ng, without imitation, the Adviser, the
Administrator and the Custodian) under the provisions of this paragraph (b) of this Section 5.3
shall not exclude any other right to which he may be lawfully entitled; vrovided, however, that no
Trustee, officer, employee or agent may satisfy any right of indemnity or reimbursement granted
herein or to which he may be otherwise entitled except out of the 4M Fund Property, and no
Participant shall be personally liable to any Person with respect to any claim for indemnify or
reimbursement or otherwise. The Trustees may make advance payments in connection with
indemnification under this paragraph (b) of this Section 5.3, provided that the indemnified Trustee,
officer, employee or agent (including, without limitation, the Adviser, the Administrator and the
Custodian) shall have given a written undertaking to reimburse the 4M Fund in the event that it is
subsequently determined that he -is not entitled to such indemnification.
(c) Any action taken by, or conduct on the part of, the Adviser, the Administra-
tor, a Trustee, an officer, an employee or an agent (including, without limitation, the Adviser, the
Administrator and the Custodian) of the 4M Fund in conformity with, or
ngood
faith relpurpose oftance this
upon, the provisions of Section 2.14 or Section 5.7 hereof shall not, for the
Declaration of Trust (including, without limitation, Sections 5.1 and 5.2 and this Section 5.3)
constitute bad faith, willful misfeasance, gross negligence or reckless disregard of his duties.
5.4 Surety Bonds..-.NoF Trustee:.sha}k-as such, be obligated to give any bond or surety or -
other security for the performance of any of his duties.
5.5 Anonrent Authority. No purchaser, seller, transfer agent or other Person dealing
with the Trustees or any officer, employee or agent of the 4M Fund shall be bound to make any
inquiry concerning the validity of any transaction purporting to be made by the Trustees or by
such officer, employee or agent or make inquiry concerning or be liable for the application of
20
2`
money or property paid, transferred or delivered to or on the order of the Trustees or of such
officer, employee or agent.
5.6 Recitals. Any written instrument creating an obligation of the 4M Fund shall be
conclusively taken to have been executed by a Trustee or an officer, employee or agent of the 4M
Fund only in his capacity as a Trustee under this Declaration of Trust or in his capacity as an
officer, employee or agent of the 4M Fund. Any written instrument creating an obligation of the
4M Fund shall refer to this Declaration of Trust and contain a recital to the effect that the
obligations thereunder are not personally binding upon, nor shall resort be had to the property of,
any of the Trustees, Participants, officers, employees or agents of the 41M Fund, and that only the
4M Fund Property or a specific portion thereof shall be bound, and such written instrument may
contain any further similar recital which may be deemed appropriate; provided, however, that the
omission of any recital pursuant to this Section 5.6 shall not operate to impose personal liability on
any of the Trustees, Participants, officers, employees or agents of the 4M Fund.
5.7 Reliance on Experts. Etc. Each Trustee and each officer of the 4M Fund shall, in
the performance of his duties, be fully and completely justified and protected with regard to any
act or any failure to act resulting from reliance in good faith upon the books of account or other
records of the 4M Fund, upon an opinion of counsel or upon reports made to the 4M Fund by any
of its lorrs or other experts or consultants selected the
h Administrator,
carethe by he Tdian, accountants,
rustees o officers
appraisers
of the 4M Fund.
5.8 Liability Insurance. The Trustees shall maintain insurance for the protection of the
01 Fund Property and the Trustees, Participants, officers, employees and agents (not including
Advisor, Administrator, or Custodian) of the 4M Fund in such amount as the Trustees shall deem
adequate to cover all foreseeable tort and contract liability to the extent available at reasonable
rates.
5.9 h1 Waiver. Nothing in this Declaration of Trust shall be construed as constituting
to the 41M Fundthe waiver of any immunity liability
he 4 dvpursulant to any appl cablerprovisionsteesof Lawarticipants,
officers, employees or agents of
ARTICLE VI
Interests of Participants
6.1 General. The beneficial interest of the Participants hereunder in the 4A4 Fund
Property and the earnings thereon shall, for convenience of reference, be divided into Shares,
which shall be used as units to measure the proportionate allocation to the respective Participants
of the beneficial interest hereunder. The number of Shares that may be used to measure and
represent the proportionate allocation of beneficial interest among the Participants is unlimited.
All Shares shall be of one class representing equal distribution, liquidation and other rights. The
beneficial interest hereunder measured by the Shares shall not entitle a Participant to preference,
preemptive, appraisal, conversion, or exchange rights of any kind with respect to the 4M Fund or
the 4M Fund Property. Title to the 4M Fund Property of every description and the- right to
conduct any affairs hereinbefore described are vested in the Trustees on behalf and .for the
beneficial interest, of the Participants, and the Participants shall have no interest therein other
than the berieficial interest conferred hereby and measured bytheir
its, Sights, orinterests tysof hhallhee no
right to call for any partition or division of any property, Dro
Fund nor can they be called upon to share or assume any losses of the 4M Fund or suffer an
21
assessment of any kind by virtue of the allocation of Shares to them, except as provided in Section
10.2 hereof.
6.2 - Allocation of Shares
(a) The Trustees shall credit a Participant with additional Shares upon receipt of
funds (including, without limitation, income from the investment of 4M Fund Property) for the
account of such Participant, based on the net asset value per. Share as determined pursuant to
Section 10.1 hereof. In connection with any allocation of Shares, the Trustees may allocate
fractional Shares. The Trustees may from time to time adjust the total number of Shares allocated
without thereby changing the proportionate beneficial interests in the 4M Fund. Reductions or
increases in the number of allocated Shares may be made in order to maintain a constant net asset
value per Share as set forth in Section 10.2 hereof. Shares shall be allocated and reduced in
numbers as whole Shares and/or one hundredths (1/100ths) of a Share or multiples thereof.
(b) Shares may be allocated only to a Municipality which has become a Participant
of the 4M Fund in accordance with Section 1.2 hereof. Each Participant may establish more than
one account within the 4M Fund for such Participant's convenience.
(c) The minimum amount of funds which may be placed in the 4M Fund by a
Participant at any one time shall be as determined by the Trustees from time to time. -Unless
otherwise determined by the Trustees pursuant to this paragraph (c) of this Section 6.2, the
minimum amount of funds which may be placed in the 4M Fund by a Participant at any one time
shall be One Dollar (51.00).
6.3 Evidence of Share Allocation. Evidence of Share allocation shall be reflected in the
Share Register maintained by or on behalf of the 4M Fund pursuant to Section 7.1 hereof, and the
4M Fund shall not be required to issue certificates as evidence of Share allocation.
6.4 Reduction in Number of Shares to Maintain Constant Net Asset Value. The Shares
of the 4M Fund shall be subject to reduction in number pursuant to the procedure for reduction of
outstanding Shares- set forth in Section 10.2 hereof in order to maintain the constant net—asset
value per Share.
6.5 Withdrawals. Funds may be withdrawn from the 4M Fund at the option of a
Participant, upon and subject to the terms- and conditions provided in this Declaration of Trust.
The 4M Fund shall, upon application of any Participant, promptly pay to such Participant the
amount requested and shall reduce the number of Shares allocated to such Participant to the
number of Shares which shall reflect such Participant's proportionate interest in the net assets of
the 4M Fund after such withdrawal of funds. The procedures for effecting a withdrawal shall be as
adopted by the Trustees and as set forth in the Information Statement of the 4M Fund, as the
same may be amended from time to time; provided, however, that such procedures shall not be
structured so as to substantially and materially restrict the ability of the Participants to withdraw
funds from the 4M Fund.
6.6 Suspension of Right of Withdrnwal: Postponement of Pnvment. Each Participant, by
its adoption of this Declaration of Trust; agrees that the Trustees may, without the necessity of a
formal meeting of the Trustees, temporarily suspend the right of withdrawal or postpone the date
of payment pursuant to withdrawal requests for the whole or any part of any period (i) during
which there, -shall have occurred any state of war, national emergency, banking moratorium or
suspension of payments by banks in the State of Minnesota or any general suspension of trading or
limitation of prices on the New York or American Stock Exchange (other than customary week -end
22
0 -
and
and holiday closing) or (ii) during which any financial emergency situation exists as a result of
which disposal by the 4M Fund of 4M Fund Property is not reasonably practicable because of the
substantial losses which might be incurred or it is not reasonably practicable for the 4M Fund
fairly to determine the value of its net assets. Such suspension or postponement shall not alter or
affect a Participant's beneficial interest hereunder as measured by its Shares or the accrued
interest and earnings thereon. Such suspension or payment shall take effect at such time as the
Trustees shall specify but not later than the close of business on the business day next following
the declaration of suspension, and thereafter there shall be no right of withdrawal or payment until
the Trustees shall declare the suspension or postponement at an end, except that the suspension or
postponement shall terminate in any event on the first day on which the period specified in clause
(i) or (ii) above shall have expired (as to which, the determination of the Trustees shall be
conclusive). In the case of a suspension of the right of withdrawal or a postponement of payment
pursuant to withdrawal requests, a Participant may either (i) withdraw its request for withdrawal or
(ii) receive payment based on the net asset value existing after the termination of the suspension.
6.7 Minimum Withdrawal. There shall be no minimum amount which may be withdrawn
from the 4M Fund at any one time at the option of a Participant; provided, ho -ever, that no
request by a Participant for the withdrawal of less than one dollar (S 1.00) need be honored.
6.8 Defective Withdrawal Reouests. In the event that a Participant shall submit a
request for the withdrawal of a greater amount than is then credited to the account of such
Participant, such request shall not be honored, and each Participant, by its adoption of this
Declaration of Trust, agrees that the Trustees shall have full and complete power to withdraw
funds from. the account of a Participant, and to reduce proportionately the number of Shares
allocated to such Participant in accordance with Section 6.5 hereof, in an amount sufficient to
reimburse the 4M Fund for any fees, expenses, costs or penalties actually incurred by the 4M Fund
as a result of such defective withdrawal request.
6.9 Allocation of Certain Exnenses. Each Participant will, at, the discretion of the 4M
Fund, indemnify the 4M Fund against all expenses and losses resulting from indebtedness incurred
on that Participant's behalf under Section 4.2(iv)(b) or (c) hereof. Each Participant authorizes the
Trustees to reduce its Shares to the number of Shares which reflects that Participant's proportion-
ate interest in the net assets of the 4M Fund after allocation of those expenses and losses to it.
ARTICLE VII
Record .of Shares
7.1 Share Register. The Share Register shall be kept by or on behalf of the Trustees,
under the direction of the Trustees, and shall .contain (i) the names and addresses of the Partici-
_ _pants, (ii) the number of Shares representing their respective beneficial interests hereunder and (iii)
a record of all allocations and reductions thereof. Such Share Register shall be conclusive as to
the identity of the Participants to which the Shares are allocated. Only Participants whose
allocation of Shares is recorded on such Share Register shall be entitled to receive distributions
with respect .to Shares or otherwise to exercise or enjoy the rights and benefits related to the
beneficial interest hereunder represented by the Shares. No Participant shall be entitled to receive
any distribution, nor to have notices given to it as herein provided, until it has given its appro-
priate address to such officer or agent of the Fund as shall keep the Share Register for entry
23
z�
thereon.
7.2 Registrir. The Trustees shall have full and complete power to employ a registrar.
Unless otherwise determined by the Trustees, the Share Register shall be kept by the Administrator
which shall serve as the registrar for the 4M Fund. The registrar shall record the original
allocations of Shares in the Share Register. Such registrar shall perform the duties usually
performed by registrars of certificates and shares of stock in a.corporation, except as such duties
may be modified by the Trustees.
. 7.3 Owner of Record. No Person becoming entitled to any Shares in consequence of the
merger, reorganization, consolidation, bankruptcy or insolvency of any Participant or otherwise, by
operation of Law, shall be recorded as the Participant to which such Shares are allocated and shall
only be entitled to receive for such Shares the amount credited to the account of the Participant
whose beneficial interest in the 4M Fund is represented by such Shares. Until the Person becoming
entitled to receive such amount shall apply for the payment thereof nd resent s Pa my proof of pant record
such
entitlement as the Trustees may in their sole discretion deem appropriate,
to which such Shares are allocated shall be deemed to be the Participant to which such Shares are
allocated for all purposes hereof, and neither the Trustees nor the registrar nor any officer or
agent of the 4M Fund shall be affected by any notice of such merger, reorganization, consolidation,
bankruptcy, insolvency or other event.
erests
by the
es
ll not
7.4 Non wholeeor in part, other thaf Share -s. The n to thel4MiFund itselfforpurposesusofreffect
be transferrable, effectuating
a withdrawal of funds.
7.5 Limitation of Fiduciary Re ponsi ility. The Trustees shall not, nor shall the
Participants or any officer, registrar or other agent of the 4M Fund, be bound to see to the
execution of any trust, express, implied or constructive, or of any charge, pledge or equity to
which any of the Shares or any interest therein are subject, or to ascertain or inquire whether any
withdrawal of funds by any Participant or its representatives is authorized by such trust, charge,
pledge or equity, or to recognize any Person as having any interest therein except the Participant
recorded as the Participant to which such Shares are allocated. The receipt of the Participant in
whose name any Share is recorded or of the duly authorized agent of such Participant shall be a
sufficient discharge for all moneys payable or deliverable in respect of such Shares and from all
liability to see to the proper application thereof.
7.6 Notices. Any and all notices to which Participants hereunder may be entitled and
any and all communications shall be deemed duly rgiven if mailed,
ppre-paid,
ecordat theirknown post ofce addasesasrrecordeonthe
addressed to Participants of
Share Register provided for in Section 7.1 hereof.
ARTICLE VIII
Ptirticivonts
8.1 Voting. Each Participant shall be entitled to one vote as a matter of right with
respect to the following matters: (i) amendment of this Declaration of Trust or termination of the
4M Fund as, provided in Section 4.3 and Section 13.1 hereof; and (ii) reorganization of the 4M Fund
sary for any minimum
as provided in Section 13.2 anteforf the shall not be Participant to be entitled number of Shares
ent tled to vote. Partic pant hallnot be
be allocated to a Particip
entitled to cumulative voting with respect to any matter.
24
M
8,2 Right to lnitinte 't Vote of the P�rticinanis. The Participants shall, by an instru-
ment or concurrent instruments in writing delivered to the Board of Trustees signed by at least -ten
percent (10%) of the Participants, have the right to initiate a vote of the Participants as to any
matter described in clause (i) or clause (ii) of Section 8.1 hereof. Within twenty (20) days of
receipt of such instrument or instrume ebeoard votedf Trustees on and Cheall cause a m neer nbwhichallot t suchbe sballou
each Participant, setting forth the matter to
should be executed and delivered.
8,3 Lnoection of Records. The records of the 01 Fund shall be open to inspection at
all reasonable times pursuant to Minnesota Statutes, Chapter 13.
8,4 Meetings of particlt):1nts.
(a) Meetings of the Participants may be called at any time by a majority of the
Trustees and shall be called by any Trustee upon written request of not less than ten percent (10%)
of the Participants, such request specifying the purpose or purpmes for which such meeting is to
be called. Any such meeting shall be held within the State of Minnesota at such place, on such
day and at such time as the Trustees shall designate.
(b) A majority of the Participants entitled to vote at such meeting present in
person (including, if permitted by applicable Law, participation by conference telephone or similar
communications equipment by means of which all Persons participating in the meeting can hear each
other) or by proxy shall constitute a quorum at any meeting of Participants.
8.5 Notice of Meetings and Votes. Notice of all meetings of the Participants, stating
the time, place and purposes of the meeting, and notice of any vote without a meeting, stating the
hall be given by the Trustees by mail to each Participant at its
purpose and method thereof s
least ten (10) days and not more than thirty (30) days before the
registered address, mailed at
meeting or the day by which votes must be cast. Only the business stated in the notice of a
meeting shall be considered at such meeting. Any adjourned meeting may be held as adjourned
without further notice. Any notice required by any "open meeting", "sunshine" or similar law,
whether now or hereafter in effect, shall also be given.
8.6 Record Dnte for Meetings and Votes. For the purposes of determining the Partici-
pants that are entitled to vote or act at any meeting or any adjournmenth thereof, r r who are
from
entitled to participate in any vote, or for the purpose of any other action,
date of any meeting or vote of
time to time fix a date not more than thirty (30) days prior to the
Participants or other action as a record date for the determination of Participants entitled to vote
at such meeting or any adjournment thereof or to cast a ballot in such vote or to be treated as
Participants of record for purposes of such other action. Any Participant which was a Participant
at the time so fixed shall be entitled to vote at such meeting or any adjournment thereof, or to
cast a ballot in such vote, even though it then had no Shares allocated to it or has since that date
redeemed its Shares. No Participant becoming such after that date shall be so entitled to vote at
such meeting or any adjournment ' thereof or to cast a ballot in such vote or to be treated as a
Participant of record for purposes of such other action.
8.7 Proxies. At any meeting of • Participants, if permitted by applicable Law, any
Participant entitled to vote thereat may vote by proxy, provided that no proxy shall be voted at
any meeting unless it shall have been placed on file with the Secretary of the 4A9 Fund, or with
such other officer or agent of the 4M Fund as the Secretary of the 4M Fund may direct, for
verification prior to the time at which such vote shall be taken. Pursuant to a resolution of a
25
majority of the Trustees, proxies may be solicited in the name of one or more of the officers of
the 4M Fund. All proxies shall be revocable at the option of the Participant.
8.8 dumber of Votes. Only Participants of record shall be entitled to vote and each
Participant shall be entitled to one vote without regard to the number of Shares allocated to it, if
any. A proxy purporting to be executed by or on behalf of a Participant shall be deemed valid
unless challenged at or prior to its exercise, and the burden of proving invalidity shall rest on the
challenger.
8.10 Reoorts. The Trustees shall cause to be prepared at least annually (i) a report of
operations containing a statement of assets and liabilities and statements of operations and of
changes in net assets of the 4M Fund prepared in conformity with generally accepted accounting
principals and (ii) an opinion of an independent certified public accountant on such financial
statements based on an examination of the books and records of the 4M Fund made in accordance
with generally accepted auditing standards. A signed copy of such report and opinion shall be filed
with the Trustees within ninety (90) days after the close of the period covered thereby. Copies of
such reports shall be mailed to all Participants of record within a reasonable period preceding the
annual meeting or vote of the Participants. The Trustees shall, in addition, furnish to _the Partici-
pants, at least quarterly, an interim report containing an unaudited balance sheet of the Fund as at
the end of such quarterly period and statements of operations and changes in net assets for the
!. period from the beginning of the then current fiscal year to the end of such quarterly period. --
ARTICLE IX
Trustees and Officers
9.1 Number and Qualification.
(a) Subject to the power of the Participants to amend this Declaration of Trust, X
the Board of Directors of the League of Minnesota Cities shall act as the initial governing body of -4
the 4M Fund and shall be the Board of Trustees. The by-laws and constitution of the League of
Minnesota Cities shall govern the operation and make-up of the Trustees and Officers of the 4M
Fund.
(b) The Trustees, in their capacity as Trustees, shall not be required to devote
their entire time to the business and affairs of the 4M Fund.
(c) The Executive Director of the League of Minnesota Cities may be an Lx officio
non-voting member of the Board of Trustees.
9.2 Meetings.
(a) Meetings of the Trustees shall be held from time to time upon the call of the
Chairman, -the Vice Chairman, the Secretary or any two trustees. Regular meetings of the Trustees
may be held without call or notice at a time and place fixed by the By -Laws or by resolution of.
the Trustees-;., Notice • of any other meeting shall be mailed or otherwise given not less. than 48- ..
hours before the meeting but may be waived in writing by any Trustee either before or after such
meeting. Any notice required by any "open meeting", "sunshine" or similar Law, whether now or
hereafter in.effect, shall also be given. The attendance of a Trustee at a meeting shall constitute
a waiver of notice of such meeting except where a Trustee attends a meeting for the express
purpose of objecting to the transaction of any business on the ground that the meeting has not
26
been lawfully called or convened. The Trustees may act with or, if permitted by applicable Law,
without a meeting. A quorum for all meetings of the Trustees shall be a majority of the Trustees.
Subject to Section 2.14 hereof and unless specifically provided otherwise in this Declaration of
Trust, any action of the Trustees may be taken at a meeting by vote of a majority of the Trustees
present (a quorum being present) or, if permitted by applicable Law, without a meeting, by written
consents of a majority of the Trustees. Any agreement or other instrument or writing executed by
one or more of the Trustees or by any authorized Person shall be valid and binding upon the
Trustees and upon the 4M Fund when authorized or ratified by action of the Trustees as provided
in this Declaration of Trust.
(b) Any committee of the Trustees may act with or without a meeting. A quorum
for all meetings of any such committee shall be a majority of the members thereof. Notice of such
meeting, including such notice as may be required by an "open meeting", "sunshine" or similar Law,
shall be given as provided in Section 9.2(a). Unless otherwise specifically provided in this
Declaration of Trust, any action of any such committee may be taken at a meeting by vote of a
majority of the members present (a quorum being present) or, without a meeting, by written
consent. of a majority of the members.
(c) With respect to actions of the Trustees and any committee thereof, Trustees
who are affiliated within the meaning of Section 2.14 hereof or otherwise interested in any action
-- to be taken may be counted for quorum purposes under this Section 9.2 and shall be entiird to
vote.
(d) All or any one or more Trustees may, if permitted by applicable Law, partici-
pate in a meeting of the Trustees or any committee thereof by utilizing conference telephone or
similar communications equipment by means of which all persons participating in the meeting,
including members of the public, can hear each other and participate in a meeting pursuant to such
communications shall constitute presence in personal at such meeting. The minutes of any meeting
of Trustees held by utilizing such communications equipment shall be prepared in the same manner
as those of a meeting of Trustees held in person.
9.3ffO icers. The Officers of the 4M Fund shall be the same as the officers of the
Board of Directors of the League of Minnesota Cities. The executive director of the League of
Minnesota Cities shall act as secretary of the 4M Fund. The Trustees may elect or appoint, such
other officers or agents, who shall have such powers, duties and responsibilities as the Trustees
may deem to be advisable and appropriate.
9.4 Committees. The Trustees may elect from time to time from their own number
committees consisting of one or more persons, the number composing such committees and the
powers conferred upon the same to be determined by vote of the Trustees.
9.5 Reports. The Trustees shall cause to be prepared at least annually (i) a report of
operations containing a statement of assets and liabilities and statements of operations and of
changes in net assets of the 4M Fund prepared in conformity with generally accepted accounting
principles and (ii) an opinion of an independent certified public accountant on such financial
statements based on an examination of the books and records of the 4b1 Fund made in accordance
with generally accepted auditing standards. A signed copy of such report and opinion shall be filed
with the Trustees within ninety (90) days after' the close of the period covered thereby. Copies of
such reports, shall be mailed to all Participants of record within a reasonable period preceding the
annual election of Trustees. The Trustees shall, in addition, furnish to the \participants, at least
quarterly, an interim report containing an unaudited balance sheet of the 4M Fund as at the end of
such quarterly period and statements of operations and changes in net assets for the period from
27
the beginning of the then current fiscal year to the end of such quarterly period.
ARTICLE X
Determination of Net Asset Value and Net Income;
Distributions to Particionnts
10.1 Net Asset Value. The net asset value of each allocated Share of the 4M Fund shall
be determined once on each business day at such time as the Trustees by resolution may determine.
The method of determining net asset value shall be established by the Trustees and shall be set
forth in the Information Statement as the same may be amended from time to time. The duty to
make the daily calculations may be delegated by the Trustees to the Adviser, the Administrator, the
Custodian or such other Person as the Trustees by resolution may designate.
10.2 Constant Net Asset Value• Reduction of Allocated Shares.
(a) The Trustees shall have full and complete power to determine the net income
(including unrealized gains and losses on the portfolio assets) of the 4M Fund once on each
business day as provided in Section 10.1 hereof and, upon each such determination such net income
shall be credited proportionately to the accounts of the Participants in such a manner,and with the
_- result, that the net asset value per Share of the 4M Fund shall remain at a constant dollar` value.
The accounting method used for the determination of the net income of the 4M Fund and the
crediting thereof proportionately to the respective accounts of the Participants shall be determined
by the Trustees and shall be set forth in -the Information Statement as the same may be amended
from time to time. The duty to make the daily calculations may be delegated by the Trustees to
the Adviser, the Administrator, the Custodian or such other Person as the Trustees by resolution
may designate. Fluctuations in value will be reflected in the number of Shares allocated to each
Participant. . If there is a net loss, the Trustees shall first offset such amount against income
accrued to each Participant. To the extent that such a net loss exceeds such accrued income, the
Trustees shall reduce the aggregate number of the 4M Fund's allocated Shares in an amount equal
to the amount required in order to permit the net asset value per Share of the 41M Fund to be
_ maintained at a constant dollar value by having each Participant contribute to the 4AT Fund its oro
rata portion of such number of Shares. Each Participant will be deemed to have agreed to such
reduction in such circumstances by its investment in the 4MFund and its adoption of this
Declaration of Trust. The purpose of the foregoing procedure is to permit the net asset value per
Share of the 4M Fund to be maintained at a constant dollar value per Share.
(b) The Trustees may discontinue or amend the practice of attempting to maintain
the net asset value per Share at a constant dollar amount at any time and such modification shall
be evidenced by appropriate changes in the Information Statement as the same may be amended
from time to time.
10.3 SnnniPmentary Distributions to Particioants. In addition to withdrawals made at the
request of individual Participants pursuant to Section 6.5 hereof, the Trustees may from time to
time also declare and make to the Participants, in proportion to their -respective allocation of
Shares, out of the earnings, profits or assets in the hands of the Trustees, such supplementary -
distributions and the determination of earnings, profits, and other funds and assets available for
supplemental distributions and other purposes shall lie wholly in the discretion of the Trustees and
may be made at such time and in such manner as the Trustees may in their sole discretion from
time to time determine. Any or -all such supplementary distributions may be made among the
Participants of record at the time of declaring a distribution or among the Participants of record at
such other date as the Trustees shall determine.
28
kM
10.4 gefained Reseryes. The Trustees may retain from the gross income of the 441 Fund
such amount as they may deem necessary to pay the debts and expenses of the 4M Fund and to
meet other obligations of the 4M Fund, and the Trustees shall also have the power to establish
such reasonable reserves as they believe may be required.
ARTICLE XI
Custodian
11.1 Duties. The Trustees shall employ a bank or trust company organized under the
Laws of the United States of America or the State of Minnesota having an office in the State of
Minnesota and having a capital and surplus aggregating atleast twenty-five million dollars
(525,000,000) as Custodian with authority as its agent, but subject to such restrictions, limitations
and other requirements, if any, as may be contained in the By -Laws of the 4M Fund to perform the
duties set forth in the Custodian Agreement to be entered into between the 4M Fund and the
Custodian, or as may be imposed by Law.
3t
11.2 A000intment. The Trustees shall have the power to select and appoint the Custo-
dian for the 4M Fund. The Custodian Agreement shall provide that it may be terminated .al any
time without cause and without the payment of any penalty by the 4M Fund on sixty (60) days'
written notice to the Custodian.
11.3 Custodian Agreement. In addition to containing such other provisions as the
Trustees may deem appropriate, the Custodian Agreement shall provide that all investments
constituting 4M Fund Property shall be held in safekeeping in the manner required by Law,
including, without limitation, Minnesota Statutes, Section 475.66, Subdivision 2.
11.4 Agents of Custodian. The Trustees may also authorize the Custodian to employ one
or more agents from time to time to perform such of the acts and services of the Custodian and
_ upon such terms and conditions, as may be agreed upon between the Custodian and such agem and
approved by the Trustees; provided, however, that, in every case, such agent shall be a bank or -
trust company organized under the Laws of the United States of America or one of the States
thereof having capital and surplus aggregating at least twenty-five million dollars (525,000,000).
11.5 Successors. In the event that, at any time, the Custodian shall resign or shall be
terminated pursuant to the provisions of the Custodian Agreement, the Trustees shall appoint a
successor thereto.
11.6 Custodian as Denository for Pnrticionnts. Each Participant hereby designates the
Custodian as a depository for funds of the Participant.
ARTICLE XII
Recordin¢ of Declnration of Trust
12.1 Recording. This Declaration of Trust and any amendment hereto shall be filed,
29
recorded or lodged as a document of public record in. such place or places and with such official or
officials as may be required by Law or as the Trustees may deem desirable. Each amendment so
filed, recorded or lodged shall be accompanied by a certificate signed and acknowledged by a
Trustee stating that such action was duly taken in the manner provided for herein; and unless such
amendment or such certificate sets forth some earlier or later time for the effectiveness of such
amendment, such amendment shall be effective upon its filing. An amended Declaration of Trust,
containing or restating the original Declaration and all amendments theretofore made, may be
executed any time or from time to time by a majority of the Trustees and shall, upon filing,
recording or lodging in the manner contemplated hereby, be conclusive evidence of all amendments
contained therein and may thereafter be referred to in lieu of the original Declaration of Trust and
the various amendments thereto. Notwithstanding the foregoing provisions of this Section 12.1, no
filing or recordation pursuant to the terms of this Section 12.1 shall be a condition precedent to
the effectiveness of this Declaration of Trust or any amendment hereto.
ARTICLE XIII
Amendment or Termination of 4M Fund;
Duration of Fund
13.1 Amendment or Termination.
(a) The pr visions of this Declaration of Trust may be amended or altered (except
as to the limitations on personal liability of the Participants and Trustees and the prohibition of
assessments upon Participants), or the 4M Fund may be terminated, at any meeting of the
Participants or pursuant to any vote of the Participants called for that purpose, by the affirmative
vote of a majority of the Participants entitled to vote, or if permitted applicable 'Law, by an
instrument or instruments in writing, without a meeting, signed by a majority of the Trustees and a
majority of the Participants; provided, however, that the Trustees may, from time to time by a
two-thirds vote of the Trustees, and after fifteen (15) days' prior written notice to the
Participants, amend or alter the provisions of this Declaration of Trust, without the vote or assent
of the Participants, amend or alter the provisions of this Declaration of Trust, without the vote or
assent of the Participants, to the extent deemed by the Trustees in good faith to be necessary to
nts of applicable Laws or regulations or any interpretation
conform this Declaration to the requireme
thereof by a court or other governmental agency or competent jurisdiction, but the Trustees shall.
not be liable for failing to do so. Notwithstanding the foregoing, (i) no amendment may be made
pursuant to this Section 13.1 which would change any rights with respect to any allocated Shares
of the 4M Fund by reducing the amount payable thereon upon liquidation of the 4M Fund or which
would diminish or eliminate any voting rights of the Participants, except with the vote or written
consent of two-thirds of the Participants entitled to vote thereon; and (ii) no amendment may be
made which would cause any of the investment restrictions contained in Section 4.2 hereof to be
less restrictive without the affirmative vote of a majority of the Participants entitled to vote
thereon.
(b) Upon the termination of the 4M Fund pursuant to this Section 13.1:
(i) The 4M Fund shall carry on no business except for the purpose of winding
up its affairs;
(ii) The Trustees shall proceed to wind up the affairs of the 4A4 Fund and all
of the powers of the Trustees under this Declaration of Trust shall continue until the affairs of
the 4M Fund shall have been wound up, including, without limitation, the power to fulfill or
discharge the contracts of the 4M Fund,collect
the remaininsge4A1 sell, convey, assign, Fund Property to onexchange, transfer
or more persons
or otherwise dispose of all or any pa r
30
1 nn
at public or private sale for consideration which may consist in whole or in part of cash, securities
or the property of any kind, discharge or pay its liabilities, and do all other acts appropriate to
liquidate its affairs; provided, however, that any position of all or substantially all of the 4,1 Fund
Property shall require approval of the principal terms of the transaction and the nature and amount
of the consideration by affirmative vote of not less than a majority of the Participants entitled td
vote thereon; and
(iii) After paying or adequately providing for the payment of all liabilities,
and upon receipt of such releases, indemnities and refunding agreements, as they deem necessary
for their protection, the Trustees may distribute the remaining 4M Fund Property, in cash or in
kind or partly in each, among the Participants according to their respective proportionate allocation
of Shares.
(c) Upon termination of the 4MFund and distribution to the Participants as herein
provided, a majority of the Trustees shall execute and lodge among the records of the 4M Fund an
instrument in writing setting forth the fact of such termination, and the Trustees shall thereupon
be discharged from all further liabilities and duties hereunder, and the right, title and interest of
all Participants shall cease and be cancelled and discharged.
(d) A certification in recordable form signed by a majority of the Trustees setting
forth an amendment and reciting that it was duly adopted by the Participants or by the Trustees as
aforesaid or a copy of the Declaration, as amended, in recordable form, and executed by a majority
of the Trustees, shall be conclusive evidence of such amendment.
13.2 Power to Effect Reor¢anizntion. If permitted by applicable Law, the Trustees, by
vote or written approval of a majority of the Trustees, may select, or direct the organization of, a
corporation, association, trust or other Person with which the 4M Fund may merge, or which shall
take over the 4M Fund Property and carry on the affairs of the 4M Fund, and after receiving an
affirmative vote of not less than a majority of the Participants entitled to vote at any meeting of
the Participants, the notice for which includes a statement of such proposed action, the Trustees
may effect such merger or may sell, convey and transfer the 4M Fund Property to any such
corporation, association, trust or other Person in exchange for cash or shares or securities thereof,
or beneficial interest therein with the assumption by such transferee of the liabilities of the 4M
Fund; and thereupon the Trustees shall terminate the 4M Fund and deliver such cash, shares,
securities or beneficial' interest ratably among the participants of this 4M Fund.
13.3 Duration. The 4M Fund shall continue in existence in perpetuity, subject in all t/
respects to the provisions of the Article XIII.
ARTICLE XIV
Miscellineous
14.1 Governing Law. This Declaration of Trust is executed by the Initial Participants
and delivered in the State of Minnesota and with reference to the Laws thereof, and the rights of
all parties and the validity, construction and effect of every provision hereof shall be subject to
and construed according to the Laws of said State of Minnesota.
14.2 Counteroarts. This Declaration- of Trust may be executed in several counterparts,
each of which when so executed shall be deemed to be an original, and such counterparts, together,
shall constitute but one and the same instrument, which shall be sufficiently evidenced by any such
original counterpart.
31
14.3 Relinnce by Third Parties. Any certificate executed by an individual who, according
to the records of the 4M Fund, or of any official or public body or office in which this
Declaration of Trust may be recorded, appears to be a Trustee hereunder or the Secretary or the
Treasurer of the 4h1 Fund, certifying to: (i) the number or identity of Trustees or Participants; (ii)
the due authorization of the execution of any instrument or writing; (iii) the form of any vote
passed at a meeting -of Trustees or Participants or taken pursuant to a vote of Participants; (iv)
the fact that the number of Trustees or Participants present at any meeting or executing any
written instrument satisfies the requirements of this Declaration of Trust; (v) the form of any By -
Law adopted by or the identity of any officers elected by the Trustees; or (vi) the existence of any
fact or facts which in any manner relate to the affairs of the 4M Fund, shall be conclusive
evidence as to the matters so certified in favor of any Person dealing with the Trustees or any of
them or the 4M Fund and the successors of such Person.
14.4 Provisions in Conflict with Law. The provisions of this Declaration of Trust are
severable, and if the Trustees shall determine, with the advice of counsel, that any one of more of
such provisions (the "Conflicting Provisions") are in conflict with applicable federal or Minnesota
Laws, the Conflicting Provisions shall be deemed never to have constituted a part of this
Declaration of Trust; provided, however, that such determination by the Trustees shall not affect or
impair any of the remaining provisions of this Declaration of Trust or render invalid or improper
any action taken or omitted (including, but not limited to, the election of Trustees) prior to- such
determination.
14.5 Gender- Section Headings.
(a) Words of the masculine gender shall mean and include correlative words of the
feminine and neuter genders and words importing the singular number shall mean and include the
plural number and vice versa.
(b) Any headings preceding the texts of the several Articles and Sections of this
Declaration of Trust and any table of contents or marginal notes appended to copies hereof, shall
_ be solely for convenience of references and shall neither constitute a part of this Declaratien of
Trust nor affect its meaning, construction or effect.
14.6 Adootion by Municipalities Electine to Become Additional Pnrticioants:_Resianation of
Participants.
(a) Any Municipality meeting the requirements of Section 1.2 hereof, may become
an additional Participant of this 4M Fund by (i) taking any appropriate official action to adopt this
Declaration of Trust, (ii) furnishing the Trustees with satisfactory evidence that such official action
has been taken, and (iii) if requested by the Trustees, providing the Trustees with an opinion of
counsel to the effect that such party desiring to become a Participant of the 4M . Fund is a
Municipality as defined herein. A copy of this Declaration of Trust may be adopted by executing a
written instrument of adoption in such form as may be prescribed by the Trustees. Delivering an
acknowledged copy of such instrument shall constitute satisfactory evidence of the adoption
contemplated by this Section 14.6.
(b) Any Participant may resign and withdraw from the 4M Fund by sending a
written notice to such effect to the Chairman of the 4M Fund and the Administrator and by
requesting the withdrawal of all funds then credited to its account within the 4M Fund. The
written notice shall be in the form of a certified resolution of the Municipality Board or Council of
the Participant, stating the Municipality Board or Council's intention to resign from the Of Fund.
32
Such resignation and withdrawal shall become effective upon the receipt thereof by the Chairman of
the 4M Fund and the Administrator. No resignation and withdrawal by a Participant shall operate
to annul this Declaration of Trust or terminate the existence of the 4M Fund.
IN WITNESS WHEREOF, the undersigned Municipalities of the State of Minnesota, acting
in the capacity of Initial Participants of the Minnesota Municipal Money Market Fund and pursuant
to the authority granted by the Joint Powers Act, have executed this Declaration of Trust as of
the 23 rA day of YYl a roti, , 19 j;-1 , as of which date this Declaration of Trust shall take,
and come into, full force and effect.
and
Its
By
Its
and _
Its
*,TATE OF MINNESOTA►'
FILED
APR 2_3 1087
A
anew .Out..,
ecretary of State
33
RESOLUTION NO.
Resolution Reauthorizing Membership in the 4M Fund
WHEREAS, Minnesota Statutes (the Joint Powers Act) provides that
governmental units may jointly exercise any power common to the contracting
parties; and
WHEREAS, the Minnesota Municipal Money Market Fund (the 4M Fund)
was formed in 1987, pursuant to the Joint Powers Act and in accordance with
Minnesota Investment Statutes, by the adoption of a joint powers agreement in
the form of a Declaration of Trust; and
WHEREAS, the Declaration of Trust, which has been presented to this
Council, authorizes municipalities of the State of Minnesota to become
Participants of the Fund and make use from time to time including the 4M Liquid
Asset Fund, the 4M Plus Fund, the Term Series, the Fixed Rate Programs, and
other Fund services offered by the Fund; and
WHEREAS, this Council deems it to be in the best interest for the
municipality to make use of, from time to time, the approved services provided by
the 4M Fund's service providers including the Investment Advisor (Prudent Man
Advisors, Inc.) or Sub -Advisor (RBC Global Asset Management (U.S.) Inc.), the
Administrator (PMA Financial Network, Inc.), the Distributor (PMA Securities,
Inc.) or the Fixed Rate Program Providers, PMA Financial Network, Inc. and
PMA Securities, Inc., and the Custodian, U.S. Bank National Association,
("Service Providers") and/or their successors.
WHEREAS, this Council deems it advisable for this municipality to enter
into the Declaration of Trust and become a Participant of the Fund for the
purpose of joint investment with other municipalities so as to enhance the
investment earnings accruing to each;
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Richfield, Minnesota:
1. This municipality shall renew its membership as a Participant of the Fund
and adopt and enter into the Declaration of Trust, a copy of which shall be
filed in the minutes of this meeting. The appropriate officials are hereby
authorized to execute those documents necessary to effectuate entry into
the Declaration of Trust and the participation of all Fund programs.
2. This municipality is authorized to invest monies from time to time and to
withdraw such monies from time to time in accordance with the provisions
of the Declaration of Trust. The following officers of the municipality or
their successors are designated as "Authorized Officials" with authority to
effectuate investments and withdrawals in accordance with the
Declaration of Trust:
Steven L. Devich/City Manager
Chris Regis/Finance Manager
Rhonda O'Loughlin/Payroll Accountant
3. The Trustees of the Fund are designated as having official custody of
those monies invested in accordance with the Declaration of Trust.
4. That the municipality may open depository and other accounts, enter into
wire transfer agreements, safekeeping agreements, third party surety
agreements securing deposits, collateral agreements, letters of credit,
lockbox agreements, or other applicable or related documents with
institutions participating in Fund programs including U.S. Bank National
Association, or its successor, or programs of PMA Financial Network, Inc.
or PMA Securities, Inc. for the purpose of transaction clearing and
safekeeping, or the purchase of certificates of deposit ("CDs") or other
deposit products and that these institutions shall be deemed eligible
depositories for the municipality. PMA Financial Network, Inc. and PMA
Securities, Inc. and their successors are authorized to act on behalf of this
municipality as its agent with respect to such accounts and agreements.
Monies of this entity may be deposited in such depositories, from time to
time in the discretion of the Authorized Officials, pursuant to the Fund's
Programs available through its Services Providers.
Adopted by the City Council of the City of Richfield this 11th day of October,
2016.
ATTEST:
Elizabeth VanHoose, City Clerk
Debbie Goettel, Mayor
2
AGENDA SEC -10N: CONSENT CALENDAR
AGENDA ITEM # 61.
STAFF REPORT NO. 161
CITY COUNCIL MEETING
10/11/2016
REPORT PREPARED BY: Betsy Osborn, Support Services Manager
DEPARTMENT DIRECTOR REVIEW: Jay Henthorne, Public Safety Director
9/8/2016
OTHER DEPARTMENT REVIEW: N/A
CITY MANAGER REVIEW: STEVEN L. DEVICH
10/5/2016
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. Richard, located at 7540 Penn Avenue South, for their Fall Festival
2016 taking place November 12-13, 2016.
EXECUTIVE SUMMARY:
On August 9, 2016, the City received application materials for a Temporary On Sale Into)acating Liquor
license for the Church of St. Richard, located at 7540 Penn Avenue South, for their Fall Festival 2016
taking place November 12-13, 2016. They will serve wine and 3.2 percent malt liquor from 6:00 p.m. to 10:00
p.m. on Saturday, November 12, 2016, only. No other into)acating liquor beverages will be permitted.
They will serve lunch and a spaghetti dinner on Saturday, November 12, 2016. They will only be serving
breakfast on Sunday, November 13, 2016. The Church of St. Richard 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. Richard, located at 7540 Penn Avenue South for their Fall Festival 2016 taking place November 12 -
13, 2016.
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 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(B)LI
The Council could decide to deny the approval of the Temporary On Sale Into)acating Liquor license for the
Church of St. Richard. 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. Richard staff has been notified of the date of this meeting.
AGENDA SEC -10N: CONSENT CALENDAR
AGENDA ITEM # 6.G.
STAFF REPORT NO. 162
CITY COUNCIL MEETING
10/11/2016
REPORT PREPARED BY: Betsy Osborn, Support Services Manager
DEPARTMENT DIRECTOR REVIEW: Jay Henthorne, Public Safety Director
9/8/2016
OTHER DEPARTMENT REVIEW: N/A
CITY MANAGER REVIEW: STEVEN L. DEVICH
10/5/2016
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the approval of an annual request for a Temporary On Sale Intoxicating Liquor license
for St. Nicholas Episcopal Church, located at 7227 Penn Avenue South, for their Juke Box Saturday
Night event taking place November 5, 2016.
EXECUTIVE SUMMARY:
On August 30, 2016, the City received application materials for a Temporary On Sale Intoxicating Liquor
license for St. Nicholas Episcopal Church for their Juke Box Saturday Night event taking place November 5,
2016. They will serve wine and 3.2 percent malt liquor from 6:30 p.m. to 10:00 p.m. No other intoxicating
liquor beverages will be permitted.
They will have both live and silent auctions and serve pre-packaged foods during the event.
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 St.
Nicholas Episcopal Church, located at 7227 Penn Avenue South, for their Juke Box Saturday Night
event taking place November 5, 2016.
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 Church Insurance Company of
Vermont affording the coverage.
B. POLICIES (resolutions, ordinances, regulations, statutes. etcy
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(Sl:
The Council could decide to deny the approval of the Temporary On Sale Into)acating Liquor license for St.
Nicholas Episcopal Church. 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:
St. Nicholas Episcopal Church staff has been notified of the date of this meeting.
AGENDA SEC -10N: CONSENT CALENDAR
AGENDA ITEM # 6.1-1.
STAFF REPORT NO. 163
CITY COUNCIL MEETING
10/11/2016
REPORT PREPARED BY: Betsy Osborn, Support Services Manager
DEPARTMENT DIRECTOR REVIEW: Jay Henthorne, Public Safety Director
10/5/2016
OTHER DEPARTMENT REVIEW: N/A
CITY MANAGER REVIEW: STEVEN L. DEVICH
10/5/2016
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the approval of a request for a new Therapeutic Massage Enterprise license for First
Step, LLC, located at 7600 Lyndale Avenue #400.
EXECUTIVE SUMMARY:
On August 8, 2016, the City received an application for a new Therapeutic Massage Enterprise license for
First Step, LLC, located at 7600 Lyndale Avenue #400.
First Step, LLC is owned by Liuhe Wei. Mr. Wei is the sole massage therapist for First Step, LLC and
has provided documentation for all the requirements needed to obtain a Therapeutic Massage Enterprise
license.
All required information and documents have been received. All fees have been received
The Public Safety background investigation has been completed. The Public Safety Director has reviewed
the background investigation report. None of the information in the report would cause the Public Safety
Director to recommend denial of the requested license.
RECOMMENDED ACTION:
By Motion: Approve the request for a new Therapeutic Massage Enterprise license for First Step, LLC,
located at 7600 Lyndale Avenue #400.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
The Public Safety background investigation has been completed and reveals the following:
• The applicant has paid the required licensing fees.
• The required proof of liability insurance has been submitted showing American Casualty Company
of Reading, Pennsylvania as affording coverage.
• All real estate and personal property taxes due and payable for the premises have been paid.
• The business is owned by Liuhe Wei.
• A criminal background check was conducted on Liuhe Wei. There is no known criminal history.
• An application for a massage therapist was also submitted by Liuhe Wei. He is a member in good
standing with the American Massage Therapy Association.
B. POLICIES (resolutions, ordinances, regulations, statutes, etch
The applicant has complied with all the provisions of the application process.
C. CRITICAL TIMING ISSUES:
There are no critical timing issues.
D. FINANCIAL IMPACT:
Licensing fees have been received.
E. LEGAL CONSIDERATION:
There are no legal considerations.
ALTERNATIVE RECOMMENDATION(B)LI
Deny the request for the Therapeutic Massage Enterprise license for First Step, LLC; however, Public
Safety has not found any basis for denial.
PRINCIPAL PARTIES EXPECTED AT MEETING:
Liuhe Wei - Owner
AGENDA SEC -10N: CONSENT CALENDAR
AGENDA ITEM # 6.1.
STAFF REPORT NO. 164
CITY COUNCIL MEETING
10/11/2016
REPORT PREPARED BY: Jay Henthorne, Director of Public Safety/Chief of Police
DEPARTMENT DIRECTOR REVIEW: Jay Henthorne, Public Safety Director
10/5/2016
OTHER DEPARTMENT REVIEW: N/A
CITY MANAGER REVIEW: STEVEN L. DEVICH
10/5/2016
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the approval of a resolution authorizing acceptance of Office of Traffic Safety (OTS)
funds for a four-year grant to fully fund an officer and fully equipped squad car dedicated for DWI
enforcement in Richfield.
EXECUTIVE SUMMARY:
The National Highway Traffic Safety Administration (NHTSA) is providing federal funding to the OTS to
implement a program to support eight full time officers and equipment needed to enforce traffic laws,
including squad cars to be used solely for DWI enforcement. Eight counties, including Hennepin, were
chosen to receive grant funding. The grant is administered through the OTS. The grant will be guaranteed
for four years but will be written for one federal fiscal year at a time. The City of Richfield has been awarded
$125,182 for 2017.
RECOMMENDED ACTION:
By Motion: Approve the resolution allowing the Richfield Department of Public Safety to accept grant
monies from the Office of Traffic Safety (OTS) for a four- year grant to fully fund an officer and fully
equipped squad car dedicated for DWI enforcement in Richfield.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
• In 2013, it was estimated that by the National Safety Council that the cost of alcohol-related
crashes in Minnesota was $235 million. In that same year, 20 percent of those involved in alcohol
related crashes were seriously injured and another 30 percent were killed.
• The average number of DWI arrests per year in Richfield is 124. The goal is to increase that to
175 DWI arrests per year.
• In 2014, Richfield had 18 DWI crashes. From October 1, 2015 to September 30, 2016 there were
16 DWI crashes, which is the fiscal year for State of Minnesota agencies.
• Minnesota Motor Vehicle Crash Facts data show that the hours between 5:00 p.m. and 5:00 a.m.
as having the highest concentration of alcohol related crashes. The DWI officer's work shift will
be from 5:00 p.m. to 5:00 a.m. with a minimum of two Fridays and two Saturdays per month to be
a required part of the DWI officer's schedule.
• Statistics will be checked daily, including but not limited to: speed tickets, seat belt tickets, texting
tickets, "Not a Drop" tickets and warnings associated with these statistics.
• Proactive criminal interdiction patrol would also be implemented.
• The City of Richfield has been approved to receive $125,182 from the DWI Officer grant for 2017.
B. POLICIES (resolutions, ordinances, regulations, statutes, etcy
Public Safety does not accept financial support unless it is designated for a specific program that will
affect the department as a whole.
• The grant money will be used by Public Safety to pay for one full-time police officer salary;
including overtime and/or training.
• Minnesota Statute 465.03 requires that every acceptance of a grant or devise of real or personal
property on terms prescribed by the donor be made by resolution of more than two-thirds majority
of the City Council.
• The Administrative Services Department issued a memo on November 9, 2004, requiring that all
grants and restricted donations to departments be received by resolution and by more than two-
thirds majority of the City Council in accordance with Minnesota Statute 465.03.
C. CRITICAL TIMING ISSUES:
• The total length of the grant is expected to be for four years, however, grants will be written for one
federal fiscal year at a time.
D. FINANCIAL IMPACT:
Federal guidelines require this money be spent on projects designed to reduce DWI incidents.
Both the officer and majority of the equipment funded by the grant can only be used for the
enforcement of laws prohibiting driving while impaired. If the DWI officer responds to, or is called
to an incident for something other than an alcohol-related driving offense, the time spent on non -
DWI related enforcement exceeding 15 successive minutes must be paid for by the agency. The
vehicle will be assigned to and driven solely by the DWI officer.
The Richfield Department of Public Safety has developed a work plan and budget that have been
approved by the OTS.
The grant will cover one full-time sworn officer, fringe benefits and a squad car with the necessary
equipment to enforce traffic laws. Squad operating costs per mile, maintenance, uniforms and
weapons are not covered by the grant. The Richfield Department of Public Safety has funds
budgeted for items not covered by the grant.
E. LEGAL CONSIDERATION:
• There are no legal considerations.
ALTERNATIVE RECOMMENDATION(B)LI
• Council could disapprove the acceptance of the grant monies but the Richfield Department of Public
Safety would then not be able to dedicate an officer and fully equipped squad car to DWI
enforcement.
PRINCIPAL PARTIES EXPECTED AT MEETING:
None
ATTACHMENTS:
Description Type
D I:) II Gini nt IResolln.160111 Resolution Il....etteir
D I:) II Graint Offi ceir gireeirn'neirnt Coi ntiracttAg reeirn'neirnt
D t.: reirtiitiicatiornIRega irc.tiiirnq II....oIUbViiirn0 Coveir IMeirmno
RESOLUTION NO.
RESOLUTION AUTHORIZING THE DEPARTMENT OF PUBLIC SAFETY/POLICE TO
ACCEPT GRANT MONIES FROM THE OFFICE OF TRAFFIC SAFETY IN THE AMOUNT OF
$125,182 OR A LESSER AMOUNT, AS AWARDED BY THE DEPARTMENT OF PUBLIC
SAFETY, TO FUND A POLICE OFFICER AND FULLY EQUIPPED SQUAD DEDICATED TO
DWI ENFORCMENT FOR FOUR YEARS.
WHEREAS, Richfield Police Department has been approved by the Office of Traffic
Safety (OTS) to receive funds made available to eight Counties in the State of Minnesota
through federal funding provided by the National Highway Traffic Safety Administration
(NHTSA); and
WHEREAS, Richfield is scheduled to be awarded $125,182 or a lesser amount as
awarded by the Minnesota Department of Public Safety to be used as designated by the grant
agreement which mandates that the funds be used to support one full time officer, a squad car
and the equipment dedicated to DWI enforcement for a term of four years; and,
WHEREAS, Richfield has agreed that the Minnesota Department of Public Safety will
serve as the fiscal agent; and,
WHEREAS, in accordance with the agreement, squad operating costs per mile,
maintenance, uniforms, weapons and time spent in excess of 15 minutes on non -DWI related
calls will be covered by the Richfield Police Department; and,
WHEREAS, Richfield Police has established an approved budget with the OTS for
$125,182 or a lessor amount for the DWI enforcement program; and,
NOW, THEREFORE, BE IT RESOLVED that the City of Richfield, Public Safety
Department enter into a grant agreement with the Minnesota Department of Public Safety, for
traffic safety enforcement projects during the period from October 1, 2016 to September 30,
2017.
Adopted by the City Council of the City of Richfield, Minnesota this 11th day of October,
2016.
Debbie Goettel, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
Grant Agreement Page I ol'2
Minnesota Department of Public Safety State')
Office of `Traffic Safety
445 Minnesota Street Suite 150
Saint Paul, MN 55 101-5 150
Grant Program: 2017 National Highway Traffic
Safety Administration (NI ITSA): DWI Officers
Project No.: 17-03-18
Grant Agreement No.: A-OFFICR1 7-2017-
RICHFPD-007
Grantee:
Grant Agreement Term:
Richfield Police Department
6700 Portland Avenue South
Effective Date: 10/01/2016
Richfield, MN 55423-2560
Expiration Date: 09/30/2017
...... ........ .. ....
ante6sAuthorized Representative
................ ... . ------ — ----- ...... .... .. ............. .. . ... . ...
Grant Agreement Amount:
Sergeant Matthew Steen
Richfield Police Department
Original Agreement S 125,182.00
6700 Portland Avenue South
Matching Requirement 0.00
Richfield, MN 55423-2560
Phone: (612) 246-2375
Email: mstcewigrtyQt9orchfield,org
State' s Authorized Representative:
Federal Funding: CFDA 20.608 and CFDA 20.616
Terri Pieper
FAIN: 18X9205464MN 16 and
445 Minnesota Street Suite 150
18X920405DMN 16
Saint Paul, MN 55101-5150
Phone: (65 1) 201-7073
State Funding: None
Email: t rj,pi el,
--J-.Spccial Conditions: N_._.._...one
..... ...
Under Minn. Stat, § 2-99A0 I StAbd 2U 4 the
-
State is empowered to enter into this grant agreement,
Term: Effective date is the date shown above
or the date the State obtains all required signatures under Minn.
Stat § 1613.98, SUM. 7, whichever is later.
Once this grant agreement is fully executed, the Grantee may claim
reimbursement for expenditures incurred pursuant
to the Payment clause of this grant agreement.
Reimbursements will only be made fi)r those
expenditures made according to the terms of this grant agreement,.
Expiration (late is the date shown above or
until all obligations have been satisfactorily fulfilled, whichever occurs
first.
The Grantee, who is not a state employee will:
Perform and accomplish Such purposes and activities as specified herein and in the Grantee's approved 2017
National I lighway Traffic Safety Administration (NffFSA): DWI Officers Application ("Application") which is
incorporated by reference into this grant agreement and on file with the State at 445 Minnesota Street, Suite 150,
Saint Paul, MN 55101-5150. The Grantee shall also comply with all requirements referenced in the 2017 National
Highway Traffic Safety Administration (NIffSA): DWI Officers Guidelines and Application which includes the
Terms and Conditions and (ji-ant Program ('juidelines which are incorporated
by reference into this grant agreement.
Budget Revisions: The breakdown of costs of the Grantees Budget is contained in Exhibit A, which is attached
and incorporated into this grant agreement. As stated in the Grantee's Application and Grant Program Guidelines,
the Grantee will submit a written change request for any substitution of budget items or any deviation and in
accordance with the Grant Program Guidelines. Requests must be approved prior to any expenditure by the
Grantee,
Matching Requirements: (If applicable.) As stated in the Grante6 sApplication, the Grantee cAytifiesthat the
DPS Grant Agreement nom -stale WTS 06/16)
Grant Agreement Page 2 of 2
matching requirement will be met by the Grantee.
Ptowtent: As stated in the Grantee's Application and Grant Program Guidance, the State will promptly pay the
Grantee after the Grantee presents an invoice for the services actually performed and the State's Authorized
Representative accepts the invoiced set -vices and in accordance with the Grant Program Guidelines. Payment
will not be made if the Grantee has not satisfied reporting requirements.
Certification Regarding Lobbying: (It'applicable.) Grantees receiving federal ftui&' over 51 00,000.00 must
complete and return the Certification Regarding Lobbying form provided by the State to the Grantee.
1. f,'\('11MBRAN('I,'VERII,'I('AI'ION
.... encumbered ns
,qu—d h, Minn Sial. §§ 16A 13 and 101 05
Signed
Date:
Grant Agreement No, A-OFFICR17-2017-RICHFPD-007
PO No. 3-42698
2. CRANTET'
]& ( ""t, , "rofie" chat d", app "'I 1, J,r (")
have cxec wed "her gr( f ugreenvent,m behallolthe 6ranwe
,,, wqurvedhl alph-blea,mlea, hy/ ..... ..... .. I'mo .... .... .... I ..........
By
Title
Date
By:...
Tide:
Date:
MIS Grant Agreement non -state (OT'9 On 16)
3. STATE, AGEINCY
By
(with delegated authority)
'I ide:
Date
D,stnbutmn DPS'I AS
State sAuthonzed Representative
0 ['1 DW 10 ftre, m EXH.B IT'A
0 itjan 7zatx)n: R rh fie b Police, D epann ent A-0FFT-'RI,7 2017-RrHFPD-007
P,i udqet.S un m ayy
Budget
2udgetCategory
Statr, Ren bursem en. t
LocalM atrh
Th -S ta tn Travel
Txavelbudge.t.
$5f;0.00
$0.00
To ta, - 1,
$550.00
$0.00
0 ftierE.xpen,%s
0 vpitin e
$0.00
To ttl i
$2.e,,000.00
$0,()()
Salims & Faige
DW IC fEre r sa -b iy and b-hge
$99,632.00
$0.00
Total
$99,632.00
$0.00
Total
$1.25,182.00
$0.00
09/29/2016 Page 1 ofl
CERTIFICATION REGARDING LOBBYING
(For State of Minnesota Contracts and Grants over $100,000)
rhe undersigned certifies, to the best of his or her knowledge and beliefthat
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf Of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, all
officer or employee of Congress, or all employee of Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to infiLlence all officer or employee of any agency, A Member of Congress, all officer or
employee of Congress, or all employee of a Member of Congress in connection with this Federal contract, grant, loan,
or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying
Activities", in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for
all sub -awards at all tiers (including subcontracts, sub -grants, and contracts Linder grants, loans and cooperative
agreements) and that all sub -recipients shall certify and disclose accordingly.
']'his certification is a material representation of fact upon which reliance was placed when this transaction was made
or entered into. Submission ofthis certification is a prerequisite for making or entering into this transaction imposed
by Section 1352, Title 31 U.S.Code. Any person who fails to file the required certification shall be Subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each Such failure.
Organization Name
Name and Title of Official Signing for Organization
By
Signature of Official
Date
AGENDA SEC -10N: CONSENT CALENDAR
AGENDA ITEM # 6.J.
STAFF REPORT NO. 165
CITY COUNCIL MEETING
10/11/2016
REPORT PREPARED BY: Jared Voto, Administrative Aide/Analyst
DEPARTMENT DIRECTOR REVIEW: Kristin Asher, Public Works Director
10/4/2016
OTHER DEPARTMENT REVIEW: N/A
CITY MANAGER REVIEW: STEVEN L. DEVICH
10/5/2016
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the approval of the second reading of an ordinance repealing and replacing City Code
Section 550 pertaining to Floodplain Management Regulations and resolution authorizing summary
publication.
EXECUTIVE SUMMARY:
Department of Homeland Security's Federal Emergency Management Agency (FEMA) issued Flood
Insurance Rate Maps that identified Special Flood Hazard Areas, the areas subject to inundation by the base
(1 -percent -annual -chance) flood, in Richfield. A portion of northeast Richfield is located in the floodplain (map
attached). There are no residential structures in this area.
The City is required, as a condition of continued eligibility in the National Flood Insurance Program (NFIP), to
adopt floodplain management regulations that meet the standards of the NFIP regulations. Adoption of this
updated ordinance will meet these standards and continue eligibility in the NFIR
RECOMMENDED ACTION:
By Motion:
• Approve second reading of an ordinance repealing and replacing Richfield City Code Section 550
pertaining to Floodplain Management Regulations.
• Approve resolution authorizing summary publication of an ordinance repealing and replacing
Section 550 of Richfield City Code pertaining to Floodplain Management Regulations.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
On September 2, 2004, the Department of Homeland Security's Federal Emergency Management
Agency (FEMA) issued Flood Insurance Rate Maps (FIRMs) that identified the Special Flood
Hazard Areas, the areas subject to inundation by the base (1 -percent -annual -chance) flood, in
Richfield. Recently, FEMA completed a re-evaluation of flood hazards in Richfield.
On December 31, 2005, and August 17, 2012, and FEMA provided the City with Preliminary
copies of the FIRMs and Flood Insurance Study (FIS) report that identify e)asting flood hazards in
Richfield, including Base Flood Elevations.
The proposed flood hazard determinations (FHDs) for Richfield were published by FEMA in the
Star Tribune on March 29, 2013, and April 5, 2013.
• During a statutory 90 -day appeal period, FEMA did not receive any appeals of the proposed FHDs
and therefore the FHDs for Richfield are considered final.
• On May 4, 2016, the City was formally notified through a Letter of Final Determination that the
FIRMS for Richfield will become effective on November 4, 2016.
• Prior to November 4, 2016, the City is required, as a condition of continued eligibility in the
National Flood Insurance Program (NFIP), to adopt or show evidence of adoption of floodplain
management regulations that meet the standards of the NFIP regulations (44 CFR 59, etc.).
• City staff provided the Minnesota Department of Natural Resources (DNR) a draft floodplain
management ordinance on August 17, 2016.
• The DNR reviewed the draft ordinance and on September 2, 2016, gave conditional state approval,
provided one definition addition. City staff included the definition of Flood Insurance Rate Map, as
requested by the DNR, into the ordinance presented here.
• The Planning Commission held a Public Hearing and recommended approval of the ordinance at
their September 26, 2016 meeting.
• First reading of the ordinance took place at the September 27, 2016, Regular City Council
Meeting.
B. POLICIES (resolutions, ordinances, regulations, statutes, etcy
• Regulations for floodplain management are necessary to ensure Richfield's eligibility in the
National Flood Insurance Program.
C. CRITICAL TIMING ISSUES:
• The City must adopt the updated floodplain management regulations ordinance to maintain
Richfield's eligibility in the National Flood Insurance Program.
• Approval is required by November 4, 2016 to maintain Richfield's eligibility in the National Flood
Insurance Program.
D. FINANCIAL IMPACT:
• None.
E. LEGAL CONSIDERATION:
• Legal notice was published in the Sun Current on September 15, 2016.
• The Planning Commission held a Public Hearing on September 26, 2016.
ALTERNATIVE RECOMMENDATION(51.
None.
PRINCIPAL PARTIES EXPECTED AT MEETING:
None.
ATTACHMENTS:
Description Type
D ()rdlii nai nce 0ir(.tl i nai nce
D Su irnrni rnairy 1PuUllicatlioi n Resollu.itioirn Il....etteir
D Map 1:: adku.ull:.) IMateiriial
BILL NO. 2016 -
AN ORDINANCE REPEALING SECTION 550 OF RICHFIELD CITY
CODE PERTAINING TO FLOODPLAIN MANAGEMENT REGULATIONS
AND REPLACING IT WITH A NEW SECTION 550
THE CITY OF RICHFIELD DOES ORDAIN:
SECTION 1. Section 550 of the Richfield City Code is hereby deleted in its entirety and
replaced as follows:
r
Subdivision 1. Statutory Authorization. The legislature of the State of Minnesota has, in
Minnesota Statutes Chapter 103F and Chapter 462, delegated the responsibility to local
government units to adopt regulations designed to minimize flood losses.
(a) This ordinance regulates development in the flood hazard areas of Richfield.
These flood hazard areas are subject to periodic inundation, which may result in loss of
life and property, health and safety hazards, disruption of commerce and governmental
services, extraordinary public expenditures for flood protection and relief, and
impairment of the tax base. It is the purpose of this ordinance to promote the public
health, safety, and general welfare by minimizing these losses and disruptions.
(b) National Flood Insurance Program Compliance. This ordinance is adopted to
comply with the rules and regulations of the National Flood Insurance Program codified
as 44 Code of Federal Regulations Parts 59-78, as amended, so as to maintain the
community's eligibility in the National Flood Insurance Program.
(c) This ordinance is also intended to preserve the natural characteristics and
functions of watercourses and floodplains in order to moderate flood and stormwater
impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat,
provide recreational opportunities, provide aesthetic benefits and enhance community
and economic development.
Subdivision 1. Lands to Which Ordinance Applies. This ordinance applies to all lands
within the jurisdiction of the City of Richfield shown on the Flood Insurance Rate Maps
adopted in Subsection 550.03, Subdivision 2 as being located within the boundaries of
the Floodplain District. The Floodplain District is an overlay district that is superimposed
on all existing zoning districts. The standards imposed in the overlay districts are in
addition to any other requirements in this ordinance. In case of a conflict, the more
restrictive standards will apply.
Subd. 2. Adoption of Flood Insurance Study and Maps. The following maps together
with all attached material are hereby adopted by reference and declared to be a part of
the Official Zoning Map and this ordinance. The attached material includes the Flood
Insurance Study for Hennepin County, Minnesota, and Incorporated Areas, dated
November 4, 2016 and the Flood Insurance Rate Map panels enumerated below, dated
November 4, 2016, all prepared by the Federal Emergency Management Agency.
These materials are on file in the Public Works Maintenance Facility at 1901 E 66th St,
Richfield, MN 55423.
Effective Flood Insurance Rate Map panels:
27053C0364F 27053C0369F 27053C0452F 27053C0457F
27053C0368F 27053C0388F 27053C0456F 27053C0476F
Subd. 3. Interpretation. The boundaries of the Floodplain District are determined by
scaling distances on the Flood Insurance Rate Map.
(a) Where a conflict exists between the floodplain limits illustrated on the official
zoning map and actual field conditions, the flood elevations must be the governing
factor. The Zoning Administrator must interpret the boundary location based on the
ground elevations that existed on the site on the date of the first National Flood
Insurance Program map showing the area within the regulatory floodplain, and other
available technical data.
(b) Persons contesting the location of the district boundaries will be given a
reasonable opportunity to present their case to the Planning Commission and to submit
technical evidence.
Subd. 4. Abrogation and Greater Restrictions. It is not intended by this ordinance to
repeal, abrogate, or impair any existing easements, covenants, or deed restrictions.
However, where this ordinance imposes greater restrictions, the provisions of this
ordinance prevail. All other ordinances inconsistent with this ordinance are hereby
repealed to the extent of the inconsistency only.
Subd. 5. Warning and Disclaimer of Liability. This ordinance does not imply that areas
outside the floodplain districts or land uses permitted within such districts will be free
from flooding or flood damages. This ordinance does not create liability on the part of
the City of Richfield or any officer or employee thereof for any flood damages that result
from reliance on this ordinance or any administrative decision lawfully made hereunder.
Subd. 6. Severability. If any section, clause, provision, or portion of this ordinance is
adjudged unconstitutional or invalid by a court of law, the remainder of this ordinance
shall not be affected and shall remain in full force.
Subd. 7. Definitions. Unless specifically defined below, words or phrases used in this
ordinance must be interpreted so as to give them the same meaning as they have in
common usage and so as to give this ordinance its most reasonable application.
(a) Base Flood — the flood having a one percent chance of being equaled or
exceeded in any given year.
(b) Base Flood Elevation — The elevation of the "regional flood," as defined. The
term "base flood elevation" is used in the flood insurance survey.
(c) Development — any man-made change to improved or unimproved real estate
including, but not limited to, buildings, manufactured homes, and other structures,
recreational vehicles, mining, dredging, filling, grading, paving, excavation, drilling
operations, or storage of materials or equipment.
(d) Farm Fence — A fence as defined by Minn. Statute §344.02 Subd. 1(a) -(d). An
open type fence of posts and wire is not considered to be a structure under this
ordinance. Fences that have the potential to obstruct flood flows, such as chain link
fences and rigid walls, are not permitted in the Floodplain District.
(e) Flood Fringe — the portion of the floodplain located outside of the floodway. Flood
fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study,
Hennepin County, Minnesota and Incorporated Areas.
(f) Flood Insurance Rate Map — an official map on which the Federal Insurance
Administrator has delineated both the special hazard areas and the risk premium zones
applicable to the community. A FIRM that has been made available digitally is called a
Digital Flood Insurance Rate Map (DFIRM).
(g) Floodplain — the areas adjoining a watercourse which have been or hereafter
may be covered by the regional flood.
(h) Floodway — the bed of a wetland or lake and the channel of a watercourse and
those portions of the adjoining floodplain which are reasonably required to carry or store
the regional flood discharge.
(i) Manufactured Home — a structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without a permanent
foundation when attached to the required utilities. The term "manufactured home" does
not include the term "recreational vehicle."
(j) Obstruction — any dam, wall, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel modification, culvert, building, wire, fence (with the
exception of farm fences), stockpile, refuse, fill, structure, or matter in, along, across, or
projecting into any channel, watercourse, or regulatory floodplain which may impede,
retard, or change the direction of the flow of water, either in itself or by catching or
collecting debris carried by such water.
(k) Recreational Vehicle — a vehicle that is built on a single chassis, is 400 square
feet or less when measured at the largest horizontal projection, is designed to be self-
propelled or permanently towable by a light duty truck, and is designed primarily not for
use as a permanent dwelling but as temporary living quarters for recreational, camping,
travel, or seasonal use. For the purposes of this ordinance, the term recreational vehicle
is synonymous with the term "travel trailer/travel vehicle."
(1) Regional Flood — a flood which is representative of large floods known to have
occurred generally in Minnesota and reasonably characteristic of what can be expected
to occur on an average frequency in the magnitude of the 1% chance / 100 -year
recurrence interval. Regional flood is synonymous with the term "base flood" used in the
Flood Insurance Study.
(m) Regulatory Flood Protection Elevation — an elevation no lower than one foot
above the elevation of the regional flood plus any increases in flood elevation caused by
encroachments on the floodplain that result from designation of a floodway.
(n) Structure — anything constructed or erected on the ground or attached to the
ground, including, but not limited to, buildings, factories, sheds, detached garages,
cabins, manufactured homes, and other similar items.
(o) Substantial Damage - damage of any origin sustained by a structure where the
cost of restoring the structure to its before damaged condition would equal or exceed 50
percent of the market value of the structure before the damage occurred.
(p) Substantial Improvement - within any consecutive 365 -day period, any
reconstruction, rehabilitation (including normal maintenance and repair), repair after
damage, addition, or other improvement of a structure, the cost of which equals or
exceeds 50 percent of the market value of the structure before the "start of construction"
of the improvement. This term includes structures that have incurred "substantial
damage," regardless of the actual repair work performed. The term does not, however,
include either:
(i) Any project for improvement of a structure to correct existing violations of state or
local health, sanitary, or safety code specifications which have been identified by the
local code enforcement official and which are the minimum necessary to assure safe
living conditions.
(ii) Any alteration of a "historic structure," provided that the alteration will not
preclude the structure's continued designation as a "historic structure." For the purpose
of this ordinance, "historic structure" is as defined in 44 Code of Federal Regulations,
Part 59.1.
Subdivision 1. Areas Included. The Floodplain District for the City of Richfield includes
those areas designated as Zone AE on the Flood Insurance Rate Maps adopted in
Subsection 550.03, Subdivision 2. The Floodplain District is an overlay district to all
existing land use districts. The requirements of this ordinance apply in addition to other
legally established regulations of the community. Where this ordinance imposes greater
restrictions, the provisions of this ordinance apply.
Subd. 2. Compliance. No new structure or land shall hereafter be used and no structure
shall be constructed, located, extended, converted, or structurally altered without full
compliance with the terms of this ordinance and other applicable regulations. Within the
Floodplain District, all uses not listed as permitted uses in Subsection 550.07 are
prohibited.
Subdivision 1. Permitted Uses. The following uses are permitted within the Floodplain
District without a permit provided that they are allowed in any underlying zoning district
and not prohibited by any other ordinance; and provided that they do not require
structures, fill, obstructions, excavations, drilling operations, storage of materials or
equipment or any other form of development as defined in Subsection 550.03,
Subdivision 7 of this ordinance. If the use does require fill, obstruction, excavation,
storage of materials or any other form of development as defined in Subsection 550.03,
Subdivision 7 of this ordinance, a permit and compliance with Subsection 550.07,
Subdivision 2 of this ordinance is required. The permit requirement may be waived if
there is an application for a public waters work permit from the Department of Natural
Resources.
(a) Agricultural uses such as general farming, pasture, grazing, forestry, sod
farming, and wild crop harvesting. Farm fences that do not obstruct flood flows are
permitted.
(b) Outdoor plant nurseries and horticulture.
(c) Private and public recreational uses such as golf courses, tennis courts, driving
ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks,
wildlife and nature preserves, game farms, shooting preserves, target ranges, hunting
and fishing areas, and single or multiple purpose recreational trails.
(d) Lawns, gardens, parking areas, and play areas.
(e) Railroads, roads, bridges, utility transmission lines, pipelines and other public
utilities, provided that the Department of Natural Resources is notified at least ten (10)
days prior to issuance of any permit.
Subd. 2. Standards for Permitted Uses.
(a) The use must have low flood damage potential.
(b) The use must not cause any increase in the stage of the 1% chance or regional
flood or cause an increase in flood damages in the reach or reaches affected. This
provision applies to structures (temporary or permanent), fill (including fill for roads and
levees), deposits, obstructions, storage of materials or equipment, and all other uses.
(c) Floodplain developments must not adversely affect the hydraulic capacity of the
channel and adjoining floodplain of any tributary watercourse or drainage system.
(d) Public utilities, roads, railroad tracks and bridges to be located within the
floodplain must be designed in accordance with Subsection 550.07, Subdivision 2,
Clauses (b) and (c) above, or must obtain a Conditional Letter of Map Revision meeting
the requirements of 44 CFR 603(4).
(i) When failure or interruption of these public facilities would result in danger to the
public health or safety or where such facilities are essential to the orderly functioning of
the area, such facilities must be elevated to the regulatory flood protection elevation.
(ii) Where failure or interruption of service would not endanger public health or
safety, minor or auxiliary roads, railroads or utilities may be constructed at a lower
elevation.
(e) New or replacement water supply systems and sanitary sewage systems must
be designed to minimize or eliminate infiltration of flood waters into the systems and
discharges from the systems into flood waters.
Subdivision 1. Zoning Administrator. A Zoning Administrator or other official
designated by the City Council must administer and enforce this ordinance.
Subd. 2. Development Approvals. Any construction, enlargement, alteration, repair,
improvement, moving or demolition of any building or structure must comply with the
requirements of this ordinance. No mining, dredging, filling, grading, paving, excavation,
obstruction, drilling operation or other form of development as defined in Subsection
550.03 of this ordinance are allowed, other than the uses permitted in Subsection
550.07, Subdivision 1 and the activities allowed under Subsection 550.11.
Subd. 3. Permit Required. A permit must be obtained from the Zoning Administrator
prior to conducting the following activities:
(i) Expansion, change, enlargement, or alteration of a nonconforming use as
specified in Subsection 550.11 of this ordinance. Normal maintenance and repair also
requires a permit if such work, separately or in conjunction with other planned work,
constitutes a substantial improvement as defined in Subsection 550.03, Subdivision 7 of
this ordinance.
(ii) Any use that requires fill, obstruction, excavation, storage of materials, or any
other form of development as defined in Subsection 550.03, Subdivision 7 of this
ordinance.
(a) Permit applications must be submitted to the Zoning Administrator on forms
provided for that purpose and shall include the following where applicable: plans drawn
to scale, showing the nature, location, dimensions, and elevations of the lot; existing or
proposed structures, fill, or storage of materials; and the location of the foregoing in
relation to the stream channel.
(b) Prior to granting a permit, the Zoning Administrator must verify that the applicant
has obtained all necessary state and federal permits.
Subd. 4. Variances. An application for a variance to the provisions of this ordinance will
be processed and reviewed in accordance with applicable state statutes. A variance to
the standards outlined in this Section may be requested under City zoning code Section
547.11.
(a) A variance must not allow a use that is not allowed in that district, permit a lower
degree of flood protection than the regulatory flood protection elevation for the particular
area, or permit standards lower than those required by state law.
(b) The following additional variance criteria of the Federal Emergency Management
Agency must be met:
(i) Variances must not be issued by a community within any designated regulatory
floodway if any increase in flood levels during the base flood discharge would result.
(ii) Variances may only be issued by a community upon (i) a showing of good and
sufficient cause, (ii) a determination that failure to grant the variance would result in
exceptional hardship to the applicant, and (iii) a determination that the granting of a
variance will not result in increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisances, cause fraud on or victimization of the
public, or conflict with existing local laws or ordinances.
(iii) Variances may only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
(c) The City Council must submit hearing notices for proposed variances to the
Department of Natural Resources sufficiently in advance to provide at least ten days'
notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the
respective DNR area hydrologist.
(d) A copy of all decisions granting variances must be forwarded to the
Commissioner of the Department of Natural Resources within ten days of such action.
The notice may be sent by electronic mail or U.S. Mail to the respective DNR area
hydrologist.
(e) The Zoning Administrator must notify the applicant for a variance that: 1) The
issuance of a variance to construct a structure below the base flood level will result in
increased premium rates for flood insurance up to amounts as high as $25 for $100 of
insurance coverage and 2) Such construction below the base or regional flood level
increases risks to life and property.
(f) The Zoning Administrator must maintain a record of all variance actions,
including justification for their issuance, and must report such variances in an annual or
biennial report to the Administrator of the National Flood Insurance Program, when
requested by the Federal Emergency Management Agency.
Subd. 5. Notifications for Watercourse Alterations. Before authorizing any alteration or
relocation of a river or stream, the Zoning Administrator must notify adjacent
communities. If the applicant has applied for a permit to work in public waters pursuant
to Minnesota Statute, Chapter 103G.245, this will suffice as adequate notice. A copy of
the notification must also be submitted to the Chicago Regional Office of the Federal
Emergency Management Agency (FEMA).
Subd. 6. Notification to FEMA When Physical Changes Increase or Decrease Base
Flood Elevations. As soon as is practicable, but not later than six months after the date
such supporting information becomes available, the Zoning Administrator must notify
the Chicago Regional Office of FEMA of the changes by submitting a copy of the
relevant technical or scientific data.
Subdivision 1. Continuance of Nonconformities. A use, structure, or occupancy of land
which was lawful before the passage or amendment of this ordinance but which is not in
conformity with the provisions of this ordinance may be continued subject to the
following conditions. Historic structures, as defined in Subsection 550.03, Subdivision 7,
Clause (0)(2) of this ordinance, are subject to the provisions of Subsection 550.11,
Subdivision 1, Clauses (a) - (d) of this ordinance.
(a) A nonconforming use, structure, or occupancy must not be expanded, changed,
enlarged, or altered in a way that increases its nonconformity. There shall be no
expansion to the outside dimensions of any portion of a nonconforming structure
located within the Floodplain District.
(b) The cost of all structural alterations or additions to any nonconforming structure
over the life of the structure may not exceed 50 percent of the market value of the
structure unless the conditions of this Subsection are satisfied. The cost of all structural
alterations and additions must include all costs such as construction materials and a
reasonable cost placed on all manpower or labor. If the cost of all previous and
proposed alterations and additions exceeds 50 percent of the market value of the
structure, then the structure must meet the standards of Subsection 550.11, Subdivision
2 of this ordinance.
(c) If any nonconforming use, or any use of a nonconforming structure, is
discontinued for more than one year, any future use of the premises must conform to
this ordinance. The Assessor must notify the Zoning Administrator in writing of
instances of nonconformities that have been discontinued for a period of more than one
year.
(d) If any nonconformity is substantially damaged, as defined in Subsection 550.03,
Subdivision 7 of this ordinance, it may not be reconstructed unless it is located in the
flood fringe portion of the floodplain and it is reconstructed in accordance with the
standards of Subsection 550.11, Subdivision 2 of this ordinance.
(e) Any substantial improvement, as defined in Subsection 550.03, Subdivision 7 of
this ordinance, to a nonconforming structure, then the existing nonconforming structure
must be located in the flood fringe portion of the floodplain and meet the requirements
of Subsection 550.11, Subdivision 2 of this ordinance.
Subd. 2. Standards for Reconstruction of Nonconforming Structures. The following
standards and procedures apply to nonconforming structures in the flood fringe portion
of the floodplain, as allowed under Subsection 550.11, Subdivision 1.
(a) All structures, including manufactured homes, must be elevated on fill so that the
lowest floor including basement floor is at or above the regulatory flood protection
elevation. The finished fill elevation for structures shall be no lower than one foot below
the regulatory flood protection elevation and the fill shall extend at such elevation at
least 15 feet beyond the outside limits of the structure.
(b) Fill must be properly compacted and the slopes must be properly protected by
the use of riprap, vegetative cover or other acceptable method.
(c) Floodplain developments must not adversely affect the hydraulic capacity of the
channel and adjoining floodplain of any tributary watercourse or drainage system.
(d) All manufactured homes must be securely anchored to an adequately anchored
foundation system that resists flotation, collapse and lateral movement. Methods of
anchoring may include, but are not limited to, use of over -the -top or frame ties to ground
anchors. This requirement is in addition to applicable state or local anchoring
requirements for resisting wind forces.
(e) On-site Sewage Treatment and Water Supply Systems. Where public utilities are
not provided: 1) On-site water supply systems must be designed to minimize or
eliminate infiltration of flood waters into the systems; and 2) New or replacement on-site
sewage treatment systems must be designed to minimize or eliminate infiltration of flood
waters into the systems and discharges from the systems into flood waters and they
shall not be subject to impairment or contamination during times of flooding. Any
sewage treatment system designed in accordance with the State's current statewide
standards for on-site sewage treatment systems shall be determined to be in
compliance with this Subsection.
(f) Certification. The applicant is required to submit certification by a registered
professional engineer, registered architect, or registered land surveyor that the finished
fill and building elevations were accomplished in compliance with the provisions of this
ordinance. Floodproofing measures must be certified by a registered professional
engineer or registered architect.
(g) Record of First Floor Elevation. The Zoning Administrator must maintain a record
of the elevation of the lowest floor (including basement) of all new structures and
alterations to existing structures in the floodplain. The Zoning Administrator must also
maintain a record of the elevation to which structures and alterations or additions to
structures are floodproofed.
ti1-71IN11IM11111 0Mi . RCi TMM I Qom- � i - iT#
Subdivision 1. Violation Constitutes a Misdemeanor. Violation of the provisions of this
ordinance or failure to comply with any of its requirements (including violations of
conditions and safeguards established in connection with grants of variances)
constitutes a misdemeanor and is punishable as defined by law.
Subd. 2. Other Lawful Action. Nothing in this ordinance restricts the City of Richfield
from taking such other lawful action as is necessary to prevent or remedy any violation.
If the responsible party does not appropriately respond to the Zoning Administrator
within the specified period of time, each additional day that lapses will constitute an
additional violation of this ordinance and will be prosecuted accordingly.
ubd. 3. Enforcement. In responding to a suspected ordinance violation, the Zoning
Administrator and City Council may utilize the full array of enforcement actions available
to it including but not limited to prosecution and fines, injunctions, after -the -fact permits,
orders for corrective measures or a request to the National Flood Insurance Program for
denial of flood insurance availability to the guilty party. The City must act in good faith to
enforce these official controls and to correct ordinance violations to the extent possible
so as not to jeopardize its eligibility in the National Flood Insurance Program.
kM1X&W_1r1 Ta r
Subdivision 1. Floodplain Designation — Restrictions on Removal. The floodplain
designation on the Official Zoning Map shall not be removed from floodplain areas
unless it can be shown that the designation is in error or that the area has been filled to
or above the elevation of the regulatory flood protection elevation and is contiguous to
lands outside the floodplain. Special exceptions to this rule may be permitted by the
Commissioner of the Department of Natural Resources if the Commissioner determines
that, through other measures, lands are adequately protected for the intended use.
Subd. 2. Amendments Require DNR and FEMA Approval. All amendments to this
ordinance must be submitted to and approved by the Commissioner of the Department
of Natural Resources (DNR) prior to adoption. The Commissioner of the DNR must
approve the amendment prior to community approval.
Subd. 3. Map Amendments Require Ordinance Amendments. The floodplain district
regulations must be amended to incorporate any revisions by the Federal Emergency
Management Agency to the floodplain maps adopted in Subsection 550.03, Subdivision
2 of this ordinance.
SECTION 2. This Ordinance will be effective in accordance with Section 3.09 of the
City Charter.
Passed by the City Council of the City of Richfield, Minnesota this 11th day of October,
2016.
Debbie Goettel, Mayor
/_IaION9
Elizabeth VanHoose, City Clerk
RESOLUTION NO.
RESOLUTION APPROVING SUMMARY PUBLICATION OF AN
ORDINANCE REPEALING SECTION 550 OF RICHFIELD CITY CODE
PERTAINING TO FLOODPLAIN MANAGEMENT REGULATIONS AND
REPLACING IT WITH A NEW SECTION 550
WHEREAS, the City has adopted the above referenced ordinance amending 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. 2016 -
AN ORDINANCE REPEALING SECTION 550 OF RICHFIELD CITY
CODE PERTAINING TO FLOODPLAIN MANAGEMENT REGULATIONS
AND REPLACING IT WITH A NEW SECTION 550
This summary of the ordinance is published pursuant to Section 3.12 of the
Richfield City Charter.
This ordinance updates the floodplain management regulations that regulate the
development of land within the floodplain. The updated regulations are necessary to
ensure Richfield's continuing eligibility in the National Flood Insurance Program and
include adoption of the latest Flood Insurance Study and Flood Insurance Rate Map
panels, dated November 4, 2014.
Copies of the ordinance are available for public inspection in the City Clerk's office
during normal business hours or upon request by calling the Public Works Department at
(612) 861-9170.
Adopted by the City Council of the City of Richfield, Minnesota, this 11th day of
October, 2016.
Debbie Goettel, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
AGENDA SEC -10N: CONSENT CALENDAR
AGENDA ITEM # 6.K.
STAFF REPORT NO. 166
CITY COUNCIL MEETING
10/11/2016
REPORT PREPARED BY: Wayne Kewitsch, Fire Services Director/Fire Chief
DEPARTMENT DIRECTOR REVIEW: Wayne Kewitsch, Fire Services Director/Fire Chief
9/20/2016
OTHER DEPARTMENT REVIEW: N/A
CITY MANAGER REVIEW: STEVEN L. DEVICH
10/5/2016
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the approval of the first reading of an ordinance amending subsection 400.21 of the
Richfield Code of Ordinances relating to adoption of the Minnesota State Fire Code and scheduling
second reading for October 25, 2016.
EXECUTIVE SUMMARY:
In May, 2016, the State of Minnesota adopted the 2015 Minnesota State Fire Code. The City automatically
adopts, by existing ordinance, the most current version of the Minnesota State Fire Code. However there are
specific additional appendices of the Fire Code which a city may adopt through ordinance. City staff now
recommends that the City adopt two additional appendices which regulate open fires and barbecues on
balconies and patios in multiple unit dwellings and a section that provides for adequate public safety radio
coverage in buildings.
Minnesota State Fire Code Appendix K regulates fires and barbecues on balconies and patios in
multiple unit dwellings. With the prior version of the fire code, the City adopted Chapter 308.1.4 of
the International Fire Code which also regulated fires and barbecues on balconies and patios. Staff
now recommends that the City align this section of the ordinance with the Minnesota State Fire
Code.
Efficient and reliable communication is a critical operational and life -safety factor in public safety
operations. The current digital radio systems being used by fire and police do not have the same
penetrating power as the non -digital systems previously used. The 2015 version of the Fire Code
recognizes this and allows localities to adopt Appendix L, Emergency Responder Radio Coverage.
This section insures that buildings will have adequate radio coverage for emergency responders.
RECOMMENDED ACTION:
By Motion: Approve the first reading of an ordinance amending subsection 400.21 of the Richfield Code
of Ordinances relating to the adoption of the Minnesota State Fire Code and schedule a second
reading for October 25, 2016.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
The State of Minnesota has had a statewide fire code in effect since 1975. Every few years the fire
code is revised to take into account new building techniques and materials, new fire protection
technologies and to address evolving life -safety issues. The previous version of the Fire Code was
adopted in 2007 and the current version was adopted in 2016.
This ordinance will bring the Richfield Code of Ordinances in line with the current version of the
Minnesota Fire Code and address an operational and potential life -safety communication issue
for firefighters and police officers.
B. POLICIES (resolutions, ordinances, regulations, statutes, etch
• The 2015 Minnesota State Fire Code requires localities to adopt optional chapters of the code
through ordinance.
• The current version of Richfield City Ordinance 400.21 includes a reference to the International
Fire Code that is not current. The current version of the Minnesota State Fire Code adequately
addresses this situation.
C. CRITICAL TIMING ISSUES:
There are no critical timing issues.
D. FINANCIAL IMPACT:
There is no financial impact.
E. LEGAL CONSIDERATION:
The City Attorney has drafted the proposed ordinance change.
ALTERNATIVE RECOMMENDATION(B)LI
There are no alternative recommendations.
PRINCIPAL PARTIES EXPECTED AT MEETING:
None.
ATTACHMENTS:
Description Type
D O irn:fl irna i nce Ordinance
BILL NO.
AN ORDINANCE AMENDING SUBSECTION 400.21 OF THE
RICHFIELD CODE OF ORDINANCES RELATING TO ADOPTION
OF THE MINNESOTA STATE FIRE CODE
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Subsection 400.21 of the Richfield City Code is amended as follows:
400.21. — Fire prevention code: adoption of fire prevention code.
The Minnesota State Fire Code, as adopted by the State commissioner of public safety, is
hereby adopted by reference as though fully set out in this Subsection, with the following
amendments:
(a) (Repealed, Bill No. 2007-15)
(c) (Repealed, Bill No. 2007-15)
(d) Appendices�s, B, C, and D, K and L of the International Fire Code are
adopted by reference as though fully set out in this Subsection.
Subsections 400.21 to 400.37 are the fire prevention code of the City.
This ordinance shall be effective in accordance with Section 3$6 3.09 of the Richfield City
Charter.
Sec. 2. This Ordinance will be effective in accordance with Section 3.09 of the City
Charter.
Adopted this of October, 2016.
Debbie Goettel, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
485004v1 MDT RC 160-8
REPORT PREPARED BY:
AGENDA SEC -10N: CONSENT CALENDAR
AGENDA ITEM # 61.
STAFF REPORT NO. 167
CITY COUNCIL MEETING
10/11/2016
Elizabeth VanHoose, City Clerk
DEPARTMENT DIRECTOR REVIEW: Steven Devich
10/5/2016
OTHER DEPARTMENT REVIEW: N/A
CITY MANAGER REVIEW: STEVEN L. DEVICH
10/5/2016
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the approval of two resolutions appointing election judges for the November 8, 2016
General Election.
EXECUTIVE SUMMARY:
The State General Election is on Tuesday, November 8, 2016.
Election Judges
The City Clerk's office is updating and verifying the City's election judge availability list. All individuals who
have previously served as an election judge, were on the list submitted to the County Auditor by the major
political parties, or have expressed an interest in serving as an election judge were asked to complete an
online election judge application.
Election judges will be assigned to the precincts based on availability, party balance, and the number required
for each election. The General Election will require assignment of the greatest number of available judges.
RECOMMENDED ACTION:
By Motion: Adopt the resolutions appointing election judges for the November 8, 2016 General
Election.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
Minnesota Statute 2046.21 Subd. 2 provides that election judges for precincts in a municipality shall be
appointed by the governing body of the municipality and that the appointments be made at least 25 days
before the election at which the election judges will serve.
B. POLICIES (resolutions, ordinances, regulations, statutes, etcy
The City Council is required by State Statute to make election judge appointments at least 25 days prior
to the election. The proposed resolution contains names of those qualified individuals who have indicated
a willingness and ability to serve as an election judge for the November 8, 2016 General Election.
C. CRITICAL TIMING ISSUES:
If the City Council does not appoint election judges, the conduct of the election would not be valid.
D. FINANCIAL IMPACT:
Due to a highly contested Presidential Election, voter turnout is expected to greatly increase. This will
result in having to schedule additional election judges for appropriate coverage which will increase
election costs.
E. LEGAL CONSIDERATION:
The City Council must appoint election judges to serve at these elections to comply with Minnesota
Statute 2048.21, Subd. 2. The names come from a list of people who have indicated their interest in
serving as an election judge to the County Auditor pursuant to the provisions of M.S. 204B.21 Subd. 1
and those who have previously served or indicated interest in serving.
ALTERNATIVE RECOMMENDATION(B)LI
The City Council could choose to appoint other individuals as election judges who are not named in the
resolution.
PRINCIPAL PARTIES EXPECTED AT MEETING:
None.
ATTACHMENTS:
Description Type
D Student aJudges IRescllutl o n Resolution Il....etteir
IReunclluutlicn Resolution Il....etteir
RESOLUTION NO.
RESOLUTION APPOINTING HIGH SCHOOL STUDENT
ELECTION JUDGES FOR THE
GENERAL ELECTION OF NOVEMBER 8, 2016
WHEREAS, a General Election will be held on Tuesday, November 8, 2016.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield,
that the following are hereby appointed as high school student trainee election judges for
said election:
Victor Limantitla
Nate Shurtleff
Aaron Anderson
Tram Lam
Nalisa Manikaran
Shelby Meivus
Evan Ekholm
Jordan Suof
Katy Stark
Kevin Wells
Cameron MaclVabb
Carley Dowell
Rachel Hinton
Chase Androff
Kyle Odefey
Jadyn Krupp
Liam Hoppe
Jeremy Pulkrabek
Natalie Hagen
Max Krueger
Evan Scribner
Eleanor Mihock
Constance Reinhardt
Veronica Lundquist
Kidist Kika
Megan McCartan
Ben Hodok
Davis Miles
Matthew McGlinn
Jack Bowens
Emma Nollenberger
Brian Van Eyll
William Mejia
Patrick Voigt
Nick Ulmer
Yesenia Salazar
Esteban Esquivel
Kiley Bigger
Yamilez Ordonez
Raphael Morales-Balbuena
Ruby MacDonald
Jonathan Mejia
Mesa LaRoque
Hannia Amegee
PASSED by the City Council of the City of Richfield, Minnesota this 11th day of
October, 2016.
Debbie Goettel, Mayor
/_laION9
Elizabeth VanHoose, City Clerk
1011 ELECTIONJUDGES
RESOLUTION NO.
RESOLUTION APPOINTING ELECTION JUDGES FOR
THE GENERAL ELECTION OF
NOVEMBER 8, 2016
WHEREAS, a General Election will be held on Tuesday, November 8, 2016.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield,
that the following are hereby appointed as judges for said elections:
Yvonne Atkins
Crystal Brakke
Judy Goebel
Donna Englert
Asa Brill Beck
James Grant
Angie Faison
Nancy Buck
Rebecca Guarino
Sharon Flick
Christie Burke
Roger Guarino
Nancy Gibbs
Hazel Burnside
Caitlin Hackbarth
John Holter
Marjorie Cain
Robert Hall
Sally Morton
Doris Christine
James Harding
Veronica Martinez-
David Clark
Abdulkadir Hashi
Hernandez
Venious Virginia Clark
Mary Hayden
Kari Sinning
Kirsten Croone
Adrienne Hayes
Julie Smith
Ellen Cutter
Iryche Hickenbotham
Marlys Solt
David Dahl
Ruth Hiland
Katherine Stehly
Kathy Dahlen
Cheryl Hjortaas
Nancy Stroth
Scott Dahlquist
Oliver Hoffman
Judy Wood
Marie Dallager
Ilene Holen
Maggie Johnson
Julie Danielson
Janette Holter
James Alagna
Eileen Davenport
JeNee Honnigford
Rob Amundson
Sandra Decker
Karen Jenkins
Donald Anderson
Catherine Dinndorf
Kathy Johnson
Janis Anderson
Cindy Dubansky
Sita Johnson
Carol Athey
Dee Ann Edlund
Janell Joyner
Andrew Atkins
Liz Ekholm
Vanessa Kahn
James Atkins
Betty Elenbaas
Betty Lou Kamps
Kristin Atkins
Carolyn Engeldinger
Thomas Keegan
Stephen Aus
Patricia Erickson
Claire Killian
Cheryl Avenson
Jeanne Exline
Elisabeth Kingdon
Patricia Bailey
John Exline
Cynthia Kuntz
Patricia Bates
Denise Famodu
Brenda Kupfer
Barbara Bauer
Edward Fletcher
Joseph Limoli II
Teresa (Terri) Behrends-
Francie Fletcher
Nancy Lindberg
Singer
Ryan Fluege
Richard Loney
Rosalie Bjorkman
Sharon Foster
Megan Lovejoy
Kimberly Blomberg
Bridget Gaeleigh
Kathryn MacEachern
Andrew Boeke
Mary Gagne
Natalie Madgy
Mary Boespflug
Claire Gahler
Daniel Mahood
Sara Boothe
Grant Gartland
Cynthia Mandl
Linda Boyd
Kathleen Gesler
Lawrence Martin
Sandra Bradley
Jennifer Gisslen Lee
Sharon Mattson
Andrew May
Karin McComb
Michele McGee
Sandy Menning-Glavan
Hassan Mohamed
Richard Morey
Isabelle Moulinier
Sarah Musgrave
Helen Nachicas
Linda Nemitz
Marilyn Nienkerk
Cindy Norland
Carolyn O'Grady
Peter O'Grady
Martha (Betty)
Obenchain
Chris Okey
Joan Olinger
Joan Olson
Mary Olson
Robert Olson
Ruby Olson
Rachel Orzoff
Mark Pafiolis
Paul Peterson
Carol Petkoff
Monica Petrov
Beth Picard
Frank Ploog
Janet Purdie
Nathae Richardson
Moses Roberts
Jeffrey Rundgren
Matthew Ryan
Maureen Scaglia
Margaret Schow
Anne Schuette
Mary Sievers
Margaret Smith
Mary Jane Steinhagen
James Stevenson
Charles Strauch
Robert Strom
Brett Stursa
Roger Swanson
Erika Telkamp
Myrtle Thom
Janet Thompson
Mark Tilc
Mary Jo Tuttle
John Twisk
Linda Vigen
David Vrieze Daniels
Erin Vrieze Daniels
Nancy Walstrom
Sandra Walstrom
Molly Weber
Robert Wells
Elaine Wetsch
Lisa Wold
Marian Woolery
Jeffrey Wright
Yemesrach Yohannes
PASSED by the City Council of the City of Richfield, Minnesota this 11th day of
October 2016.
Debbie Goettel, Mayor
/_laI2MM
Elizabeth VanHoose, City Clerk
AGENDA SEC -10N: CONSENT CALENDAR
AGENDA ITEM # 6.M.
STAFF REPORT NO. 168
CITY COUNCIL MEETING
10/11/2016
REPORT PREPARED BY: Betsy Osborn, Support Services Manager
DEPARTMENT DIRECTOR REVIEW: Jay Henthorne, Public Safety Director
10/5/2016
OTHER DEPARTMENT REVIEW:
CITY MANAGER REVIEW: STEVEN L. DEVICH
10/5/2016
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the approval of the continuation of the agreement with the City of Bloomington for
the provision of food inspection services for Richfield for the year 2017.
EXECUTIVE SUMMARY:
The City of Bloomington and the City of Richfield have had a contract for over 30 years for Bloomington to
provide inspection and enforcement services in the areas of food, beverage, lodging and public swimming
pools along with plan check work for food services to Richfield.
The last audit conducted by the Minnesota Department of Health on Bloomington and Richfield's food,
beverage and lodging program, which was last conducted in 2010, resulted in both of them being in the top 7
of all 32 licensed jurisdictions in the State of Minnesota and receiving their highest score given.
The proposed contract for 2017 for these services will be $130,300 compared to the 2016 contract
amount of $126,500. This is a 3% increase over the dollar amount paid to Bloomington in 2016.
The increase is tied into increased benefit costs and staff salaries.
RECOMMENDED ACTION:
By motion: Approval of the continuation of the agreement with the City of Bloomington for the
provision of food inspection services for Richfield for the year 2017.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
• The City of Bloomington has provided inspection/enforcement services for over 30 years to the
City of Richfield in the area of food, beverage, lodging and public swimming pools.
• The proposed contract for 2017 for these services will be $130,300, compared to the 2016
contract amount of $126,500. This is a 3% increase that is primarily as a result of increased
benefit and salary costs.
B. POLICIES (resolutions, ordinances, regulations, statutes, etch
• The City of Bloomington has sufficient resources to provide a professional level of inspection
services to Richfield residents. Annual evaluations of their services have shown that they are
providing efficient services in a cost-effective manner.
C. CRITICAL TIMING ISSUES:
• N/A
D. FINANCIAL IMPACT:
• A 3% budget increase had been communicated to Richfield earlier by Bloomington so the amount
of $130,300 has been captured in Richfield's 2017 budget.
E. LEGAL CONSIDERATION:
• The City Attorney has reviewed the contract and has approved of it and its contents.
ALTERNATIVE RECOMMENDATION(Sl:
• The Council could decide to have Richfield provide its own food service inspections, beverage and
lodging and the public swimming pools inspections and plan to check food services; however, the State
would have to approve this change and would likely be concerned about staffing, response and
capacity issues. The cost of hiring the staff necessary to provide the same level of services and
administrative support would be more than the current expenditures and would require a significant
budget increase.
PRINCIPAL PARTIES EXPECTED AT MEETING:
None
ATTACHMENTS:
Description Type
D ltllooirnliungk:)un Il::°ood inspection Contract t: ov( it IMern'no
AGREEMENT
This Agreement is made this day of , 2016, by and between the City of
Richfield (hereinafter referred to as "Richfield") and the City of Bloomington (hereinafter referred
to as 'Bloomington")
WHEREAS, Richfield is authorized and empowered to provide for various types of
environmental health inspections and code enforcement to ensure the public health, welfare and
safety; and
WHEREAS, it is the desire of the parties and the purpose of this agreement that certain of
such services be performed by Bloomington on behalf of Richfield;
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth
below, the above parties hereto agree as follows:
1. The term of this Agreement shall be from January 1, 2017 through December 31, 2017,
subject to termination as provided in paragraph 6.
2. For the term of this Agreement, Bloomington shall provide the following services:
a. Food establishment inspections and code enforcement as necessary.
"High risk" food service establishments (license types I and II) and schools will
be inspected a minimum of two (2) times per year.
ii. "Medium risk" food establishments required to have a certified food manager
(license type III) will be inspected two (2) times per year.
iii. "Medium risk" food establishments not required to have a certified food manager
(license type IV) and "Low risk" (license type V) food establishments will be
inspected one (1) time per year.
b. Plan check and preopening construction inspections for new and remodeled food,
lodging, therapeutic massage and body art establishments.
c. All public swimming pools inspected at least once (1) per year with a goal of two (2)
inspections per year. This is in addition to an opening inspection of all outdoor public
pools at the beginning of the summer swimming season.
d. All lodging establishments inspections at least once (1) per year.
e. All therapeutic massage and body art establishments inspections at least once (1) per
year.
f. Investigation and resolution of complaints associated with food, lodging, therapeutic
massage and body art establishments and public swimming pools.
3. Bloomington shall have control over the manner in which the inspections, plan review
and code enforcement activities are conducted and over the determination of what enforcement
action is appropriate and consistent with Richfield City Code Sections 617, 618, 619, 630 and 1188,
and other policies as established by the City of Richfield.
4. Bloomington shall assume the expense of performing the inspections and code
enforcement.
5. In 2017, Richfield shall pay Bloomington the sum of ONE HUNDRED THIRTY
THOUSAND, THREE HUNDRED AND NO/100 DOLLARS ($130,300.00) for services provided
pursuant to this Agreement. One-half of this amount shall be due on June 30, 2017, and the
remainder shall be due on November 30, 2017.
6. Either party may terminate this Agreement as follows:
a. Upon the expiration of ninety (90) days after service of written notice upon the other
party; or
b. At any time, upon mutual agreement of the parties.
7. In the event of a termination prior to December 31, 2017, a monthly prorata reduction of
the compensation owed by Richfield to Bloomington shall occur which reflects the period
remaining on the Agreement at the time of termination.
8. Bloomington agrees to defend, indemnify and hold harmless Richfield, and its officials,
agents and employees from and against all claims, actions, damages, losses and expenses arising out
of or resulting from Bloomington's performance of the duties required under this Agreement,
provided that any such claim, action, damage, loss or expense is attributable to bodily injury,
sickness, disease, or death or to the injury to or destruction of property including the loss of use
resulting therefrom and is caused in whole or in part by any negligent act or omission or willful
misconduct of Bloomington. This provision shall not be construed as a waiver by either party of any
defenses, immunities or limitators on liability with respect to claims made by third parties.
9. Richfield agrees to defend, indemnify and hold harmless Bloomington, and its officials,
agents and employees from and against all claims, actions, damages, losses and expenses arising out
of or resulting from Richfield's performance of the duties required under this Agreement, provided
that any such claim, action, damage, loss or expense is attributable to bodily injury, sickness,
disease, or death or to the injury to or destruction of property including the loss of use resulting
therefrom and is caused in whole or in part by any negligent act or omission or willful misconduct
of Richfield. This provision shall not be construed as a waiver by either party of any defenses,
immunities or limitators on liability with respect to claims made by third parties.
10. Bloomington shall carry municipal liability insurance in the amount of at least $500,000
per individual and $1,500,000 pet- occurrence. Bloomington shall carry property damage liability
insurance in the amount of $100,000. Richfield shall be named as an additional insured on
Bloomington's municipal liability policy and a certificate of said insurance shall be provided to
Richfield upon request. Bloomington shall carry Worker's Compensation Insurance as required by
Minnesota Statutes, Section 176.181, Subd. 2 and further agrees to provide a certificate of said
insurance to Richfield upon request.
11. Any employee assigned by Bloomington to perform its obligations hereunder shall
remain the exclusive employee of Bloomington for all purposes including, but not limited to, wages,
salary and employee benefits.
12. In addition to the services listed in Paragraph 2 above, Bloomington shall, upon request,
also provide for and on behalf of Richfield elevated blood lead case management and enforcement.
Such services shall be paid for by Richfield at the hourly rate of $62.00 per hour plus the direct cost
of all laboratory sample analysis, and said hourly rate shall be separate from, and in addition to, the
payment provided for by Paragraph 5 of this Agreement. All other provisions of this Agreement
shall remain applicable with respect to the lead assessment services being provided.
13. It is agreed that nothing herein contained is intended or should be construed in any
manner as creating or establishing the relationship of co-partners between the parties hereto or as
constituting the persons employed by Bloomington as the agent, representative or employee of
Richfield for any purpose or in any manner whatsoever. Bloomington is to be and shall remain an
independent contractor with respect to all services performed under this contract. Bloomington
represents that it has, or will secure at its own expense, all personnel required in performing
services under this contract. Any and all personnel of Bloomington or other persons, while engaged
in the performance of any work or services required by Bloomington under this contract, and shall
not be considered employees of Richfield, and any and all claims that may or might arise under the
Workers' Compensation Act of the State of Minnesota on behalf of said personnel or other persons
while so engaged, and any and all claims whatsoever on behalf of any such person or personnel
arising out of employment or alleged employment including, without limitation, claims of
discrimination against Bloomington, its officers, agents contracts or employees shall in no way be
the responsibility of Richfield; and Bloomington shall defend, indemnify and hold Richfield, its
officers, agents and employees harmless from any and all such claims regardless of any
determination of any pertinent tribunal, agency, board, commission or court. Such personnel or
other persons shall not require nor be entitled to any compensation, rights or benefits of any kind
whatsoever from Richfield, including, without limitation, tenure rights, medical and hospital care,
sick and vacation leave, Workers' Compensations, Unemployment Compensation, disability,
severance pay and PERA.
14. The books, records, documents, and accounting procedures of Bloomington relevant to
this Agreement, are subject to examination by Richfield and either the legislative or state auditor as
appropriate, pursuant to Minnesota Statutes, Section 16C.05, Subd. 5.
15. This Agreement represents the entire Agreement between Bloomington and Richfield
and supersedes and cancels any and all prior agreements or proposals, written or oral, between the
parties relating to the subject matter hereof, any amendments, addenda, alterations, or modifications
to the terms and conditions of this Agreement shall be in writing and signed by both parties.
16. The City of Bloomington and the City of Richfield agree to comply with the Americans
with Disabilities Act (ADA) including all applicable provisions of Title Ii Public Set -vices and in
accordance with 28 C.F.R. Part 35 Subpart B — Section 35.130 of the US Department of Justice
Regulations, Section 504 of the Rehabilitation Act of 1973, and not discriminate on the basis of
disability in the admission or access to, or treatment of employment in its services, programs, or
activities. The City of Bloomington agrees to hold harmless and indemnify the City of Richfield
from costs, including but not limited to damages, attorney's fees and staff time, in any action or
proceeding brought alleging a violation of ADA and/or Section 504 caused by Bloomington. Upon
request accommodation will be provided to allow individuals with disabilities to participate in all
services, programs and activities. The City of Bloomington agrees to utilize its own text telephone
or the Minnesota TTY Relay Service in order to comply with accessibility requirements. The City
of Richfield has designated coordinators to facilitate compliance with the Americans with
Disabilities Act of 1990, as required by 28 C.F.R. Part 35 Subpart B - Section 35.107 of the U.S.
Department of Justice regulations, and to coordinate compliance with Section 504 of the
Rehabilitation Act of 1973, as mandated by Section 8.53 of the U.S. Department of Housing and
Urban Development regulations.
17. The City of Bloomington and the City of Richfield agree to submit all claims, disputes
and other matters in question between the parties arising out of or relating to this Agreement to
mediation. The mediation shall be conducted through the Conflict Resolution Center, 2101
Hennepin Avenue South; Suite 100, Minneapolis, Minnesota, 55405. The parties hereto shall
decide whether mediation shal I be binding or non-binding. If the parties cannot reach agreement,
mediation shall be non-binding. In the event mediation is unsuccessful, either party may exercise
its legal or equitable remedies and may commence such action prior to the expiration of the
applicable statute of limitations.
18. Both parties agree to comply with all applicable state, federal and local laws, rules and
regulations.
IN WITNESS WHEREOF, the parties have set forth their hands on the day and year first
written above.
DATED:
DATED:
CITY OF BLOOMINGTON
BY:
Its Mayor
BY:
Its City Manager
Reviewed and approved by the City Attorney.
City Attorney
DATED:
DATED:
CITY OF RICHFIELD
BY:
Its Mayor
BY:
Its City Manager
5
AGENDA SEC -10N: CONSENT CALENDAR
AGENDA ITEM # 6.N.
STAFF REPORT NO. 169
CITY COUNCIL MEETING
10/11/2016
REPORT PREPARED BY: Betsy Osborn, Support Services Manager
DEPARTMENT DIRECTOR REVIEW: Jay Henthorne, Public Safety Director
10/5/2016
OTHER DEPARTMENT REVIEW:
CITY MANAGER REVIEW: STEVEN L. DEVICH
10/5/2016
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the approval of the 2016-2017 contract with the City of Bloomington, using public
health emergency preparedness grant funds distributed by a federal grant from the Centers for
Disease Control, to provide services in the area of public health emergency preparedness/Bioterrorism
and the development of a response system.
EXECUTIVE SUMMARY:
The City of Richfield has had a Public Health Emergency Preparedness contract with the City of Bloomington
to provide public health emergency preparedness services on Richfield's behalf for thirteen years. This is
Richfield's 2016-2017 contractual agreement with Bloomington that requires City Council approval.
The City of Richfield will receive $34,224 for the grant cycle which runs from July 1, 2016 - June 15, 2017.
The contract with the City of Bloomington for this same period of time for public health emergency
preparedness is in the amount of $31,224 with a second amount of $12,000 being passed through directly to
Bloomington to meet the Cities Readiness Initiative (CRI) which is intended to be used metro wide to
regionally fund public health emergency preparedness planning, exercise, training and activities. A remaining
amount of $3,000 is retained by Richfield for our staff time, training, planning and exercise in public health
emergency preparedness activities.
RECOMMENDED ACTION:
By Motion: Approve the 2016-2017 contract with the City of Bloomington, using federal grant funds, to
provide services in the area of public health emergency preparedness/Bioterrorism and the
development of a response system.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
The State of Minnesota has received funds from the federal government (Centers for Disease Control) to
be used in developing agencies' public health emergency preparedness/response to Bioterrorism or a
large public health disease outbreak. This is part of a nationwide effort to respond to serious public
health emergencies. There are specific requirements in the grant in the areas of coordination,
assessment, planning and exercise, response surveillance, Health Alert Network, risk communication
training and providing services and activities to improve the mass dispensing of medicines and medical
supplies through the Cities Readiness initiative.
Richfield continues to pool these federal grant dollars with Bloomington and Edina with a portion of these
funds used to support a Public Health Emergency Preparedness Coordinator for the three cities. Nick
Kelley, Public Health Emergency Preparedness Coordinator, is representing the Tri City area
(Bloomington, Edina and Richfield) and has been regularly meeting with Richfield and Edina health staff
to plan and develop the requirements of the grant funds.
B. POLICIES (resolutions, ordinances, regulations, statutes, etcy
The City of Richfield became a Local Public Health Agency (LPHA) in 1977, which makes the City
eligible to receive these grant funds to use in the development of a public health emergency response
system specific to Richfield and its needs.
C. CRITICAL TIMING ISSUES:
These funds are part of a nationwide effort by the Federal government to respond to serious public health
emergencies, to include threats of Bioterrorism.
D. FINANCIAL IMPACT:
Funds being used are those given to Richfield as an LPH agency, from the federal government, to
develop a system responding to public health emergency preparedness and Bioterrorism threats.
E. LEGAL CONSIDERATION:
• The City must comply with the requirements of the grant in order to receive grant funds.
• The City Attorney has reviewed the contents of the contract and has approved it.
ALTERNATIVE RECOMMENDATION(B)LI
The City Council could decide not to approve the contract with the City of Bloomington for the services of a
Public Health Emergency Preparedness Coordinator in developing a public health emergency
preparedness/Bioterrorism plan. This would mean that the City would have to hire a staff person to assume
some of the grants responsibilities, which cannot be met with current City staffing levels and would result in a
significant budget increase.
PRINCIPAL PARTIES EXPECTED AT MEETING:
None
ATTACHMENTS:
Description
Type
D Blloorn-nliirngtcirn PUIl::lllic II...Ilealtlh: Il:::: irmneirgeirncy Pirepairediness t: oveiM IMeirno
Ccir trail
AGREEMENT BETWEEN
THE CITIES OF BLOOMINGTON AND RICHFIELD
FOR PUBLIC HEALTH PREPAREDNESS AND RESPONSE TO BIOTERRORISM
THIS AGREEMENT is made this day of , 2016 between the
City of Bloomington, acting through its Public Health Division, a Minnesota municipal corporation,
located at 1800 West Old Shakopee Road, Bloomington, Minnesota 55431 (hereinafter referred to as
"Bloomington"), and the City of Richfield, a Minnesota municipal coiporation, located at 6700 Portland
Avenue, Richfield, Minnesota 55423 (hereinafter referred to as "Richfield").
WITNESSETH
WHEREAS, Bloomington warrants and represents that its Division of Public Health is a duly
certified public health agency operating in accordance with all applicable federal and state requirements;
and
WHEREAS, Bloomington's Division of Public Health provides Public Health Emergency
Preparedness Services to respond to bioterrorism, infectious diseases, and other threats to public health
including, but not limited to coordination, assessment, planning and exercise, response, surveillance,
Health Alert Network (HAN), and training (hereinafter referred to as "PH Emergency Preparedness
Services"); and provides services and activities to improve the mass dispensing of medicines and medical
supplies through the Cities Readiness Initiative (hereinafter referred to as "CRI Duties"); and
WHEREAS, Richfield wishes to promote, support, and maintain the health of its residents by
providing public health emergency preparedness, and CRI planning activities, and to contract with
Bloomington, through its Division of Public Health, to provide such services to residents of Richfield; and
NOW, THEREFORE, in consideration of the terms and conditions expressed herein, the parties
agree as follows:
I. TERM OF AGREEMENT
The term of this Agreement shall be from July 1, 2016 through June 30, 2017, subject to
1
termination as provided in Article VI.
II. DUTIES OF BLOOMINGTON
A. Bloomington shall provide residents of Richfield with the PH Emergency Preparedness
Services as further described in Exhibit A attached.
B. It shall be the sole responsibility of Bloomington to determine the qualifications, functions,
training, and performance standards for all health service personnel who render PH Emergency
Preparedness Services and CRI Duties under this Agreement.
C. Bloomington will communicate with Richfield relative to PH Emergency Preparedness
Services and CRI Duties to be performed hereunder by Bloomington, such communication to be in the
form of reports, conferences, or consultations, as Richfield requests.
D. At Richfield's request, and not more than two (2) times during the term of this
Agreement, responsible administrative officers from Bloomington shall attend meetings of the Richfield
City Council or appropriate board or commission to answer questions and give further information
relative to the activities performed and PH Emergency Preparedness Services and CRI Duties rendered
under this Agreement.
E. Bloomington shall submit invoices to Richfield for services provided as outlined in
Exhibit B attached.
III. DUTIES OF RICHFIELD
A. Richfield shall pay to Bloomington the total not -to -exceed amount of FORTY THREE
THOUSAND TWO HUNDRED TWENTY FOUR AND NO/100 DOLLARS ($43,224.00) during the
term of this Agreement as further described in Exhibit B attached.
IV. DUTIES OF THE PARTIES
A. The parties shall defend, indemnify and hold each other and their officials, employees and
agents harmless from any and all claims, causes of action, lawsuits, damages, losses, or expenses,
2
including attorney fees, arising out of or resulting from the other's (including officials, agents or
employees) performance of the duties required under this Agreement, provided that any such claim,
damages, loss or expense is attributable to bodily injury, sickness, diseases or death or to injury to or
destruction of property including the loss of use resulting therefrom and is caused in whole or in part by
any negligent act or omission or willful misconduct of the acting party.
B. It is agreed that nothing herein contained is intended or should be construed in any manner
as creating or establishing the relationship of copartners between the parties hereto or as constituting
Bloomington's staff as the agents, representatives or employees of Richfield for any purpose in any
manner whatsoever. Bloomington and its staff are to be and shall remain an independent contractor with
respect to all services performed under this Agreement. Bloomington represents that it has, or will secure
at its own expense, all personnel required in performing services under this Agreement. Any and all
personnel of Bloomington or other persons, while engaged in the performance of any work or services
required under this Agreement, shall not be considered employees of Richfield, and any and all claims that
may or might arise under the Workers' Compensation Act of the State of Minnesota on behalf of said
personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such
person or personnel arising out of employment or alleged employment including, without limitation,
claims of discrimination against Bloomington, its officials, agents, contractors or employees shall in no
way be the responsibility of Richfield; and Bloomington shall defend, indemnify and hold Richfield, its
officers, agents and employees harmless ft•om any and all such claims regardless of any determination of
any pertinent tribunal, agency, board, commission or court. Bloomington personnel shall not be entitled to
any compensation, rights or benefits of any kind whatsoever from Richfield, including, without limitation,
tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment
Compensation, disability, severance pay and PERA.
C. The parties agree to comply with the Minnesota State Human Rights Act, Minnesota
3
Statutes, Chapter 363A, as amended.
D. To the extent allowed by law, the parties agree to maintain the following insurance
coverages, in an amount equal to, or greater than, the minimum limits described below. Each party will
provide the other party with a certificate of insurance evidencing such coverages prior to performing any
duties included under the terms and conditions of this Agreement. The parties also agree to keep a valid
certificate of insurance on file, referencing these limits, throughout the entire term of this agreement.
1. Commercial General Liability Insurance in the amount of at least $1,500,000
per occurrence for bodily injury or death arising out of each occurrence, as well
as $1,500,000 per occurrence for property damage. In the alternative, each
party may maintain a general aggregate of at least $2,000,000.
2. Business Automobile Insurance in the amount of $1,500,000 per occurrence for
bodily injuries or death arising out of each occurrence, as well as $1,500,000
per occurrence for property damage.
3. Workers' Compensation Insurance as required by Minnesota Statutes, Section
176.181, subd. 2.
4. Professional Liability Insurance in the amount of $1,000,000 per occurrence.
5. Each party agrees to name the other party as an additional insured on its
Commercial General Liability and Business Automobile Insurance policies, and
to provide an endorsement of such status. In addition, each party agrees to
notify the other party thirty (30) days prior to cancellation or a change in any of
the aforementioned insurance policies. All insurance must be provided at the
respective party's expense and at no additional cost to the other party.
E. Bloomington agrees that Richfield will own and have the right to use, reproduce and apply
as it desires, any data, reports, analyses and materials which are collected or developed by Bloomington or
anyone acting on its behalf as a result of this Agreement.
V. GENERAL PROVISIONS
A. Entire Agreement. This Agreement represents the entire Agreement between the parties
and supersedes and cancels any and all prior agreements or proposals, written or oral, between the parties
relating to the subject matter hereof; and amendments, addenda, alterations, or modifications to the terms
11
and conditions of this Agreement shall be in writing and signed by both parties.
B. Americans With Disability Act and TTY Requirements. The parties agree to comply with
the Americans With Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973 and not
discriminate on the basis of disability in the admission or access to, or treatment of employment in its
services, programs, or activities. The parties agree to hold harmless and indemnify the other from costs,
including but not limited to damages, attorney's fees and staff time, in any action or proceeding brought
alleging a violation of ADA and/or Section 504 caused by the other. Upon request accommodation will
be provided to allow individuals with disabilities to participate in all services, programs and activities.
Richfield agrees to utilize their own text telephone or the Minnesota TTY Relay Service in order to
comply with accessibility requirements. The parties have designated coordinators to facilitate compliance
with the Americans with Disabilities Act of 1990, as required by Section 35.107 of the U.S. Department of
Justice regulations, and to coordinate compliance with Section 504 of the Rehabilitation Act of 1973, as
mandated by Section 8.53 of the U.S. Department of Housing and Urban Development regulations.
C. Minnesota Government Data Practices Act. The parties will comply with all applicable
provisions of the Minnesota Government Data Practices Act, Chapter 13 of the Minnesota Statutes, as
amended.
D. Applicable Laws. This Agreement shall be interpreted using the laws of the State of
Minnesota. The parties agree to comply with all applicable local, state and federal laws, rules, regulations
and ordinances in the performance of the duties of this Agreement.
parties.
E. Assignment. This Agreement shall not be assignable except with the written consent of the
F. Examination of Documents. The books, records, documents, and accounting procedures of
Bloomington, relevant to this Agreement, are subject to examination by Richfield, and either the
legislative or state auditor as appropriate, pursuant to Minnesota Statutes, Section 16C.05, Subdivision 5.
9
G. Mediation. Both parties agree to submit all claims, disputes and other matters in question
between the parties arising out of or relating to this Agreement to mediation. The mediation shall be
conducted through the Conflict Resolution Center, 2101 Hennepin Avenue, Suite 100, Minneapolis, MN
55405. The parties hereto shall decide whether mediation shall be binding or non-binding. If the parties
cannot reach agreement, mediation shall be non-binding. In the event mediation is unsuccessful, either
party may exercise its legal or equitable remedies and may commence such action prior to the expiration
of the applicable statute of limitations.
H. Payment of Subcontractors. Bloomington agrees that it must pay any subcontractor within
ten (10) days of the prime contractor's receipt of payment from the municipality for undisputed services
provided by the subcontractor. Bloomington agrees that it must pay interest of 1-1/2 percent per month or
any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor.
The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an
unpaid balance of less than $100, the prime contractor shall pay the actual penalty due to the
subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from a prime
contractor must be awarded its costs and disbursements, including attorneys fees, incurred in bringing the
action.
I. Severability. If any provision or term of this Agreement for any reason is declared invalid,
illegal or unenforceable such decision shall not affect the validity of any remaining terms or conditions in
this Agreement.
J. Signatory. Each person executing this Agreement on behalf of a party hereto represents
and warrants that such person is duly and validly authorized to do so on behalf of such party, with full
right and authority to execute this Agreement and to bind such party with respect to all of its obligations
hereunder. This Agreement may be executed in counterparts, each of which shall be deemed an original,
but all of which taken together shall constitute but one and the same instrument.
6
VI. TERMINATION
Either party may terminate this Agreement for any reason upon giving thirty (30) days' advanced
written notice to the other party.
The parties reserve the right to cancel this Agreement at any time in event of default or violation
by the other party of any provision of this Agreement. The parties may take whatever action at law or in
equity that may appear necessary or desirable to collect damages arising from a default or violation or to
enforce performance of this Agreement.
[REMAINDER OF THIS PAGE HAS BEEN LEFT BLANK.]
Rj
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day
and year first above written.
DATED:
Reviewed and approved by the City Attorney.
City Attorney
CITY OF BLOOMINGTON
BY:
Its City Manager
CITY OF RICHFIELD
DATED: BY:
Its Mayor
DATED: BY:
Its City Manager
0j
Exhibit A
PH Emergency Preparedness Services
In collaboration with Richfield, Bloomington will develop a work plan to address these tasks:
Administrative Duties:
Multiyear training and exercise plan will be updated no later than November 30, 2016 (Time
Period: January 2017 to December 2019).
2. Integrate the access and functional needs of at -risk individuals in plans and exercises, in
conjunction with key partners. (e.g., updates to size, geographic distribution, and other needs of
at -risk individuals is maintained by some agency in jurisdiction).
3. Integrate the needs of individuals with chronic medical conditions in plans and exercises, in
conjunction with key partners. Partners are encouraged to use the Health and Human Services
(HHS) emPOWER Map at www.phe.gov/empowermap/Pages/default.aspx to better anticipate
the potential access and functional needs of individuals with chronic medical conditions before,
during, and after an emergency.
Capability 1: Community Preparedness
4. During Budget Period 5 (BP5), provide and report on additional community engagement activity
opportunities that focus on Education (schools, alternative education, post -secondary) and/or
Childcare settings to build relationships, provide preparedness planning information, or engage
in exercises.
5. Complete the Plan Self -Assessment no later than December 30, 2016.
6. Complete the Resource Element Self -Assessment status update no later than December 30, 2016.
7. Participate or conduct jurisdictional risk assessment based on jurisdiction's established cycle to
identify public health, medical and mental/behavioral health hazards and vulnerabilities.
8. Build partnerships and community support using community engagement opportunities.
9. Continue and expand efforts from Budget Period 4 (BP4) to integrate preparedness work as a
core function into public health and environmental health work.
Capability 3: Emergency Operations Coordination
10. Review Minnesota Department of Health (MDH) provided Demonstration Assessment of PHEP
Capabilities for accuracy and add missing function and resource element detail (BPI — BP4) no
later than December 30, 2016.
11. Conduct one exercise (table top exercise or higher) that demonstrates a Capability, Task, or
Resource Element that has not been tested during the current five year project period (BPI —
LOU 8
12. Complete one functional (or full-scale) exercise to test public health agency incident command
system activation for response to a public health -led emergency scenario.
13. Based on the PHEP capabilities, write after -action -reports -improvement -plans (AAR-IP) from
exercises and significant incidents, continuing to document the status or completion of corrective
actions from AAR-IPs from the past year. Retain AAR-IP documents for use in planning
additional exercises and track progress on improvement / corrective actions. Submit an AAR-IP
within 60 days of the exercise/incident to e.�t�.. he L(i)state..mri.us.
14. Continue to assure staff have appropriate National Incident Management System (NIMS)
training, using PHEP Capability 3 as a guide.
Capability 4: Emergency Public Information & Warning
15. At least one person from each Community Health Board (CHB)/Tribal Health Department
(THD) needs to attend a training provided by MDH on: "How to Communicate During a
Response: Overview of Communications with MDH".
Capability 6: Information Sharing
16. At the Local Health Department (LHD)/CHB/THD level, acknowledge all State Health Alerts (1
hour) and Advisories (24 hours). Transmit them to local Health Alert Network (HAN) recipients
as requested by MDH within one hour of receipt for Alerts and 24 hours for Advisories.
17. Request acknowledgement of every HAN from hospital and clinic contacts. Track the responses
to Alerts from partners (by organization).
• If hospital response rates are less than 100% and/or clinic response rates are below 80% for
the first HAN, complete an AAR-IP to address identified gaps and track progress on
moving toward the targets during subsequent HANs.
• You will be asked to report on one HAN at mid -year and one at the end of the year.
• The HAN you will report on will not be announced.
18. Identify clinics in your jurisdiction by name, and if relevant, by specialty (e.g., family practice,
OBGYN, dermatology, etc.) and indicate which ones are regularly included in HAN messaging,
which ones are not and why they are not included (e.g., specialty, clinics receiving messaging
through a system).
• This list will be dynamic and, depending on the HAN message, may necessitate sending a
message to a clinic that normally doesn't receive HANs.
• This is an internal document for LHDs/THDs. MDH will not collect this information.
Capability 8: Medical Countermeasures and Capability 9: Medical Material Management & Distribution
19. All CHBs will review and update points of distribution information in CDC's Inventory
Management and Tracking System (IMATS) (at Mid -Year and End of Year).
20. If offered, participate in webinars/training for changed MDH agent -specific protocols.
Capability 10: Medical Surge
21. Participate in regional and/or local healthcare coalition -led guided discussions around planning
for at -risk and individuals with access, functional and special medical needs.
Capability 15: Volunteer Management
22. To maintain an efficient system and back-up system for notification and activation of volunteers,
LHDs will work on cleaning -up local MN Responds Medical Reserve Corps (MRC) databases.
23. MN Responds MRC administrators will communicate with registered volunteers on a twice a
year basis. Examples of communication could include: MN Responds MRC communications,
written materials, training / volunteer / exercise opportunities, emergency preparedness news,
information on public health initiatives, etc. Call -down drills do not qualify as retention
communication.
24. Test Volunteer Notification. Conduct a call down drill, based on LHD's/CHB's choice of
scenario and complete and submit an AAR-IP.
25. If a statewide MRC conference is held, the primary MN Responds administrator would be
required to attend, if local funds are sufficient to support attendance.
Cities Readiness Imitative (CRI) responsibilities:
1. Based on the operational readiness review (ORR), submit a summary of activities completed
toward closing the gaps identified in the BP4 medical countermeasures (MCM) ORR, as detailed
in the Technical Assistance Plan.
2. Conduct three different MCM planning drills from the CDC's list of CRI drills and provide
reports to CDC by May 1, 2017 using the data collection and reporting suite (DCARS).
3. Tactical Communications Drills:
• Test ability to use at least three forms of communications quarterly, e.g. email, radios, cell
phones, landlines and document testing activity (no travel required).
Conduct an annual training on how to operate communications equipment (e.g. radios) with
all core point of distribution (POD) staff.
• Conduct quarterly call down drills of all core staff needed to operate all open PODS.
• Complete the drill AAR-IP designed for CRI drills only.
4. Other duties as required by MDH and CDC.
Exhibit B
Payment
A. Richfield shall pay to Bloomington the total not -to -exceed amount of FORTY THREE
THOUSAND TWO HUNDRED TWENTY FOUR AND NO/100 DOLLARS ($43,224.00) during the
term of this Agreement for services outlined below:
1. THIRTY ONE THOUSAND TWO HUNDRED TWENTY FOUR AND NO/100
DOLLARS ($31,224.00) for PH Emergency Preparedness Services; and
2. TWELVE THOUSAND AND NO/100 DOLLARS ($12,000.00) for CRI Duties.
B. The amounts above will be paid according to the following terms:
1. Bloomington shall bill Richfield for PH Emergency Preparedness Services identified
on Exhibit A as follows:
Invoice Date
Amount
Upon Contract Execution
$10,806
December 1, 2016
$10,806
March 1, 2017
$10,806
June 1, 2017
$10,806
2. Payment shall be made within thirty (30) days of receipt by Richfield of
Bloomington's invoice.
3. In the event Richfield desires to inspect the financial books and records of
Bloomington related to the providing of PH Emergency Preparedness Services and
CRI Duties by Bloomington, Bloomington shall make its financial books and records
available at the Bloomington City Hall for inspection and copying by Richfield, or any
agent, employee, or representative of Richfield, upon reasonable request during
business hours.
4. In the event of termination pursuant hereto, the payment next due shall be prorated and
paid for only the period ended on the date of termination, and Richfield shall pay such
reduced payment for the period ended on the date of termination, within thirty (30)
days after receipt of Bloomington's invoice.
AGENDA SEC -10N: CONSENT CALENDAR
AGENDA ITEM # 6.0.
STAFF REPORT NO. 170
CITY COUNCIL MEETING
REPORT PREPARED BY: Jeff Pearson, City Engineer
10/11/2016
DEPARTMENT DIRECTOR REVIEW: Kristin Asher, Public Works Director
10/5/2016
OTHER DEPARTMENT REVIEW:
CITY MANAGER REVIEW: STEVEN L. DEVICH
10/5/2016
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the approval of an Agreement with the Minnesota Department of Transportation to
maintain the gateway monuments and landscaping installed as part of the Crosstown Reconstruction
Project.
EXECUTIVE SUMMARY:
Included in the MnDOT Crosstown Project was money allocated for landscaping and gateway monuments at
entrance points to Minneapolis and Richfield. The entrance ways, which were designed with input from
Richfield residents and other stakeholders, were completed in 2015.
As is typical with enhanced aesthetic and design features included in highway projects, the upfront design
and installation of the features were funded and facilitated by MnDOT while the long term maintenance falls on
the benefited municipality. Since the project is complete and the landscape features are past their
construction warranty date, MnDOT has requested the maintenance agreement for the gateways be
completed.
RECOMMENDED ACTION:
By Motion: Approve the resolution entering into an Agreement between the State of Minnesota,
Department of Transportation, and the City of Richfield for the maintenance of landscape and
hardscape improvements located within the corporate limits of the City of Richfield.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
• The Richfield Gateways were designed with assistance of a community task force in 2013-2014
• MnDOT completed design of the Gateways in 2014
• Construction of the Gateways started in 2014 and was completed in the spring of 2015.
• Maintenance of the Gateway areas to date has been completed by both the City and MnDOT with
no formal agreement or response plan.
B. POLICIES (resolutions, ordinances, regulations, statutes, etch
• Inclusion of aesthetic features, such as landscaping and hardscaping, were desired by the City as
part of the Crosstown/1-35W Project.
C. CRITICAL TIMING ISSUES:
• The gateway areas are fully complete and have passed their contracted warranty period. MnDOT
would like to transfer maintenance as soon as possible.
D. FINANCIAL IMPACT:
• Maintenance of the gateway areas will be funded through the general maintenance budget.
E. LEGAL CONSIDERATION:
• The City Attorney has reviewed the agreement and will be available for questions at the meeting.
ALTERNATIVE RECOMMENDATION(Sl:
None.
PRINCIPAL PARTIES EXPECTED AT MEETING:
None
ATTACHMENTS:
Description
D ResollUUoirn
D Agireeirneint
D C::::xh:lilbit
Type
f:: yes'011dtlion Il....etteir
CointracUAgireeirmne«,irnt
CointiracUAgireeirmnei nt
RESOLUTION NO.
RESOLUTION AUTHORIZING THE CITY OF RICHFIELD
TO ENTER INTO AGREEMENT NO. 06236 WITH THE
MINNESOTA DEPARTMENT OF TRANSPORTATION FOR
MAINTANENCE OF LANDSCAPE AND HARDSCAPE
IMPROVEMENTS LOCATED WITHIN THE CORPORATE
LIMITS OF THE CITY OF RICHFIELD
WHEREAS, the State let a construction contract to furnish and install
neighborhood way -finding and entrance monuments "hardscape elements" as part of
State Project 2782-295; and,
WHEREAS, the hardscape elements are located along the 1-35W Corridor within
the State's right of way and within the City limits, in accordance with State -prepared
plans, specifications, and provisions; and,
WHEREAS, the State installed the hardscape elements and the City is willing to
maintain the hardscape elements; and,
WHEREAS, the State and City are authorized to enter into an agreement
pursuant to Minnesota Statutes Sections 161.20, and 161.38.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, Minnesota as follows:
The City of Richfield agrees to enter into MnDOT Agreement No. 06236 to set
forth the responsibilities for the routine and long term maintenance of the
described landscape and hardscape elements.
Adopted by the City Council of the City of Richfield, Minnesota this 11th day of
October, 2016.
Debbie Goettel, Mayor
/_IaI2N9
Elizabeth VanHoose, City Clerk
MINNESOTA DEPARTMENT OF TRANSPORTATION
MAINTENANCE AGREEMENT
PREPARED BY
METRO DISTRICT AGREEMENT NO. 06236
MAINTENANCE OPERATIONS
AGREEMENT BETWEEN
THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION,
AND
THE CITY OF RICHFIELD
For the maintenance of Landscape/Hardscape Improvements located within the corporate limits of the
City of Richfield upon the terms and conditions set forth in this Agreement. The locations of the
hardscape improvements are listed below and shown on Exhibit A, which is attached and incorporated
into this agreement, and are associated with S.P. 2782-295 (T.H. 35W=394):
Hardscape element locations:
TH 62 @ Penn Ave — southwest and southeast quadrants of south ramp intersection (walls and
monument)
TH 62 @ Lyndale Ave — southwest and southeast quadrants of south ramp intersection (walls and
monument)
TH 62 @ Nicollet Ave — west side of Nicollet immediately south of TH 62 (monument)
TH 62 @ Portland Ave — southeast and southwest quadrants of south ramp intersection (walls and
monument)
THIS AGREEMENT is made and entered into by and between the State of Minnesota, Department of
Transportation, hereinafter referred to as the "State" and the City of Richfield, Minnesota, acting by and
through its City Council, hereinafter referred to as the "City'.
MnDOT Agreement No. 06236
WHEREAS, the State will let a construction contract to furnish and install neighborhood way -finding and
entrance monuments "hardscape elements" as part of State Project 2782-295 (T.H. 35W=394); and
WHEREAS, the hardscape elements will be located along the 1-35W Corridor within the State's right of
way at the locations listed above, and shown on Exhibit A, which is attached and incorporated into this
agreement and within the City limits, in accordance with State -prepared plans, specifications, and
provisions; and
The State is willing to install the hardscape elements, and the City is willing to maintain the hardscape
elements, and;
WHEREAS, the State and City are authorized to enter into this agreement pursuant to Minnesota
Statutes Sections 161.20, and 161.38; and
WHEREAS, the parties have entered into this Agreement to set forth the responsibilities for the routine
and long term maintenance of the hardscape elements.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS
I. GENERAL PROVISIONS
A. The hardscape elements as shown in Exhibit A is attached and incorporated into this agreement.
B. The City will have opportunity to view plans, inspect the work, and consult with the State in the
final acceptance. If the City believes the workmanship performed by the State's contractor has
not been properly performed or that the construction is defective, the City will inform the State
District Engineer's authorized representative in writing of those defects. Any recommendations
made by the City will be thoroughly analyzed and discussed with the City in a good faith effort to
resolve problems and reach mutual agreement prior to the State making a final decision. The
State will seek concurrence from the City in its determination whether the State's contractor has
satisfactorily performed the hardscape element construction. The State will have the exclusive
right to determine whether the State's contractor has satisfactorily performed the hardscape
element construction covered under this Agreement.
C. The City, at no cost to the State, will be responsible for the maintenance of the hardscape
elements placed at the locations listed above, including: debris and graffiti removal, mowing or
trimming around the hardscape elements, replacement of any and all components which make up
the various hardscape elements, and any other maintenance activities necessary to perpetuate
the hardscapes in a safe, usable, and aesthetically pleasing condition, including full replacement
if necessary. The City shall have final say in as to what level of repair and maintenance is
appropriate, and make the decision to remove and not replace at its own option.
D. The State hereby grants to the City the right to access the State's Right of Way as necessary for
the purposes of carrying out the Maintenance Activities under this Agreement.
If the City fails to maintain the hardscape elements, at the noted locations, in accordance with this
Agreement, the State may perform such maintenance, including removal of said items, on its own
initiative and after providing reasonable advanced notice to the City. The City will promptly
reimburse the State for the costs incurred by the State performing such maintenance and/or
removal.
October 3, 2016 Page 1 of 4
MnDOT Agreement No. 06236
II. CONSIDERATION AND TERMS OF PAYMENT
The City agrees to maintain all hardscape elements as described in this agreement and listed above,
without cost or expense to the State, in consideration of the State constructing these hardscape
elements on trunk highway right-of-way.
III. TERM OF AGREEMENT
This Agreement will be in effect until superseded by another agreement between State and City or
until terminated according to Article XIV of this Agreement.
IV. AUTHORIZED REPRESENTATIVE
A. State's Authorized Representative for the purposes of administering this Agreement is
Curt Turgeon, Assistant District Engineer - Maintenance, Minnesota Department of
Transportation Metro District, 1500 West County Road B2, Roseville, Minnesota 55113,
(651) 234-7901, or her successor.
B. The City's Authorized Representative for the purposes of administering this Agreement
is Jeff Pearson, City Engineer — City of Richfield, 6700 Portland Ave, Richfield, MN,
55423, (612) 861-9791 or successor.
C. State's Authorized Representative will have final authority for accepting maintenance services
performed by City under this Agreement.
V. ASSIGNMENT
A. No party will assign or transfer any rights or obligations under this Agreement, in whole or in part,
without prior written consent of the other.
B. If the City contracts out the performance of maintenance work covered by this Agreement, the City
will award such contracts in accordance with the terms of this Agreement and in compliance with
applicable state laws.
C. This Agreement will not be construed as a relinquishment by State of any powers or control it
may have over the trunk highway covered under this Agreement. This Agreement will not be
construed to create an easement or any other interest in property in favor of the City.
VI. MERGER/AMENDMENTS
This Agreement contains all negotiations and agreements between the State and City. No other
understanding regarding this agreement, whether written or oral, may be used to bind either party.
Any amendments to this Agreement must be in writing, and must be executed by the same parties
who executed the original Agreement, or their successors in office.
VII. LIABILITY
A. The employees and agents of the City will not be deemed to be employees of the State for any
reason.
B. Each party will be solely responsible for its own acts and omissions, the acts and omissions of its
employees, and results thereof, to the extent authorized by law. The parties will not be
responsible for the acts of the other party or any third parties or the results thereof.
October 3, 2016 Page 2 of 4
MnDOT Agreement No. 06236
C. The State's liability will be governed by the provisions of Minnesota Statutes Section 3.736 and
other applicable law. The City's liability will be governed by Minnesota Statutes Chapter 466 and
other applicable law. This clause will not be construed to bar any legal remedies each party may
have for the other party's failure to fulfill its obligations pursuant to this Agreement.
D. Each party to this Agreement will defend at its sole cost and expense any action or proceeding
commenced for the purpose of asserting any claim of whatsoever character arising in connection
with or by virtue of performance of its own work as provided herein.
VIII. WORKERS COMPENSATION
Each party will be solely responsible for its own employees for any workers compensation claims.
IX. CIVIL RIGHTS
The City must comply with the provisions of Minnesota Statutes Section 181.59, and any applicable
local ordinance relating to civil rights and discrimination.
X. STATE AUDITS
The books, records, documents, and accounting procedures and practices of the City, relevant to this
Agreement, will be subject to examination by the MnDOT Auditor, the Legislative Auditor, or the State
Auditor, as appropriate, for no less than six years.
XI. DATA PRACTICES
The State and the City must comply with the Minnesota Government Data Practices Act, Minnesota
Statutes Chapter 13, as it applies to any information provided to or by a party to this agreement.
XII. AGREEMENT APPROVAL
Before this Agreement will become binding and effective, it must be approved by a City of Richfield
City Council resolution, and be executed by State and City officers as provided by law.
XIII. SURVIVAL OF TERMS
All clauses which impose obligations continuing in their nature and which must survive in order to give
effect to their meaning will survive the expiration or termination of this Agreement, including without
limitation, the following clauses: VII. Liability; VIII. Workers Compensation; X. State Audits; and XI.
Data Practices.
XIV. TERMINATION
Either party may terminate this Agreement, with or without cause, upon providing 60 days written
notice to the other party. The party choosing to terminate the Agreement will remove the hardscape
elements at its own cost and expense at the time that the Agreement is terminated.
[the remainder of this page has been intentionally left blank]
October 3, 2016 Page 3 of 4
MnDOT Agreement No. 06236
IN TESTIMONY WHEREOF the parties have executed this Agreement through their duly authorized
officials:
DEPARTMENT OF TRANSPORTATION
Recommended for Approval:
By
Assistant District Engineer — Metro
District Maintenance
Date
Approved:
By:
District Engineer
Date:
COMMISSIONER OF ADMINISTRATION
By
Authorized Signature
Date
CITY OF RICHFIELD, MINNESOTA
Recommended for Approval:
By
Department Head Responsible for
Administering and Monitoring this
Contract
Date:
By
Signature
Print Name, Finance Officer Designee
Date:
By
Signature
Print Name, Assistant City Attorney
Date:
October 3, 2016 Page 4 of 4
r
co
N
clo
C)
O
Z
W
E
a)
a)
m
a_
X
W
—
r
w
3 �
t
r: F
♦
1� 'lf
i A wa 5 t
+�x
4
A I'm
•
�. ��e;,
� mss,,
,
,
`
r ' A Y/
}
y
AGENDA SEC -10N: CONSENT CALENDAR
AGENDA ITEM # 6.P.
STAFF REPORT NO. 171
CITY COUNCIL MEETING
10/11/2016
REPORT PREPARED BY: Jeff Pearson, City Engineer
DEPARTMENT DIRECTOR REVIEW: Kristin Asher, Public Works Director
10/5/2016
OTHER DEPARTMENT REVIEW: N/A
CITY MANAGER REVIEW: STEVEN L. DEVICH
10/5/2016
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the approval of ordering a feasibility report for the 2017 Alley Paving Project.
EXECUTIVE SUMMARY:
Consistent with City policy, unimproved alleys within Richfield have been paved in an effort to reduce routine
maintenance and benefit abutting properties. In 1986 it was the consensus of the Council to pave all
remaining unpaved alleys without submittal of petitions.
Staff has identified four (4) alley segments that remain unimproved and in need of paving in the attached
graphic:
• 63rd St between James Ave and Irving Ave
• 68th St between Wentworth Ave and Blaisdell Ave
• 74th St between 5th Ave and Portland Ave
• Bloomington Ave between 65th St and 66th St
The ordering of a feasibility report is the initial required step in the assessment process. The report identifies:
• Reason for Improvement
• Locations
• Feasibility
• Estimated project cost
• Estimated project assessment and properties
RECOMMENDED ACTION:
By Motion: Order the preparation of a feasibility report for the 2017 Alley Paving Project.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
• In 1981, the City Council established a policy providing for the improvement of the city's alleys by
concrete paving upon the receipt of petitions.
• On April 28, 1986, the City Council held a special study session to review alternative alley paving
policies. It was the consensus of the Council to support the alternative that recommended paving
all remaining alleys without submittal of petitions.
• Today there are four (4) alleys in Richfield that are yet to be paved. The locations are identified on
the attached graphics.
• Due to ongoing maintenance concerns, and resident complaints about the condition of the
unpaved alleys, staff is recommending that the Council move forward to have the remaining
alleys paved.
• It has been City policy to assess the adjacent property owners for the cost of the alley paving.
B. POLICIES (resolutions, ordinances, regulations, statutes, etcy
• It is City policy to pave all alleys with concrete.
• It is City policy to assess the adjacent property owner for the cost of the alley paving.
C. CRITICAL TIMING ISSUES:
• In order for the project to be on schedule for bid in spring 2017, the assessment process must
begin in October 2016.
D. FINANCIAL IMPACT:
• The total project cost and assessment estimates would be determined as part of the feasibility
report.
E. LEGAL CONSIDERATION:
• The City Attorney will be available to answer questions.
• Staff is following the Minnesota Statute 429 (Local Improvements, Special Assessments)
process for the assessment of the costs for improvements.
ALTERNATIVE RECOMMENDATION(Sl:
None.
PRINCIPAL PARTIES EXPECTED AT MEETING:
None.
ATTACHMENTS:
Description Type
D AileyIl....ocatlioirns I:::::'.xhilUt
Ln
00
m
REPORT PREPARED BY:
AGENDA SEC -10N: PUBLIC HEARINGS
AGENDA ITEM # 8.
STAFF REPORT NO. 172
CITY COUNCIL MEETING
10/11/2016
Chris Regis, Finance Manager
DEPARTMENT DIRECTOR REVIEW: Steven Devich
10/5/2016
OTHER DEPARTMENT REVIEW: None.
CITY MANAGER REVIEW: STEVEN L. DEVICH
10/5/2016
ITEM FOR COUNCIL CONSIDERATION:
Public hearing regarding the resolution adopting the special assessment roll for weed elimination from
private property and removal or elimination of public health or safety hazards from private property.
EXECUTIVE SUMMARY:
Minnesota State Statutes provide that the City may levy a special one year assessment for the elimination of
public health or safety hazards or the elimination of weeds from private properties.
The special assessments are based on costs incurred by the City in connection with the abatement
of weeds or public health or safety hazards on certain properties in the City which are not properly
maintained.
The owners of the subject properties are notified by the City to take corrective action with regard to
the issue with the property. If the specific property issues were not abated within the proper time limit
the City would take the corrective action necessary and bill the property owner.
In all cases, property owners will be notified that any unpaid charges or fees may be assessed
against the property.
RECOMMENDED ACTION:
Conduct and close the public hearing and by motion: Approve the resolution adopting the assessment
for weed elimination from private property and removal or elimination of public health or safety hazards
from private property.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
N/A.
B. POLICIES (resolutions, ordinances, regulations, statutes, etch
• The nuisance properties were not maintained by the owners and the City incurred costs to abate
the nuisance.
Minnesota State Statutes provide that the City may levy a special one-year assessment for these
costs.
Notice of the certification was published in the Sun Current on September 22, 2016.
C. CRITICAL TIMING ISSUES:
N/A.
D. FINANCIAL IMPACT:
• The proposed special assessment for the elimination of public health or safety hazards from
private property is $300.00 with an additional 5% interest penalty.
• The proposed special assessment for weed elimination from private property is $4,060.00
with an additional 5% interest penalty.
• Costs incurred for city staff time in the cleanup of the properties or to remove the weeds
are included in the special assessment amount.
• A$25.00 administrative fee is charged to all properties.
• The affected property owner may prepay the original principal amount without interest
within 30 days from the date the Council adopts the assessment. If the original principal
amount is not paid, the assessment will be charged 5% interest.
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(Sl:
• Do not approve the resolution and have the costs absorbed by the City.
PRINCIPAL PARTIES EXPECTED AT MEETING:
N/A.
ATTACHMENTS:
Description Type
D CLJirireirnt ,4.teir\ices sse;r sirneiritr; Resolloutlioin Resolution Il....ctteir
RESOLUTION NO.
RESOLUTION ADOPTING ASSESSMENT FOR
WEED ELIMINATION FROM PRIVATE PROPERTY AND REMOVAL OR
ELIMINATION OF PUBLIC HEALTH OR SAFETY HAZARDS FROM PRIVATE
PROPERTY.
WHEREAS, pursuant to proper notice duly given as required by law, the City
Council has met and passed upon all objections to the proposed assessment for current
services related to weed elimination from private property and removal or elimination of
public health or safety hazards from private property in the City of Richfield:
Public
Health or
Weed Safety
Property Address Property ID Number Elimination Hazards
1415 66th Street E 26-028-24-42-0002 145.00 -
1820 66th Street W 28-028-24-24-0089 145.00 -
209 Pillsbury Lane 34-028-24-24-0068 290.00 -
6236 Bloomington Ave S 26-028-24-12-0049 145.00 -
6345 15th Ave S 26-028-24-12-0109 145.00 -
6428 Washburn Ave S 29-028-24-13-0017 290.00 -
6529 Newton Ave S 28-028-24-23-0110 - 100.00
6600 4th Ave S 27-028-24-41-0044 145.00 100.00
6604 5th Ave S 27-028-24-41-0024 290.00 -
6639 Bloomington Ave S 26-028-24-41-0059 145.00 -
6700 Grand Ave S 27-028-24-32-0068 145.00 -
6814 Cedar Ave S 26-028-24-44-0003 145.00 -
6821 Queen Ave S 29-028-24-44-0179 290.00 -
7111 Portland Ave 35-028-24-22-0081 145.00 -
7144 4th Ave S 34-028-24-11-0044 870.00 -
7320 4th Ave s 34-028-24-14-0065 435.00 100.00
7438 Clinton Ave S 34-028-24-41-0081 145.00 -
7633 15th Ave S 35-028-24-43-0051 145.00 -
Total $4,060.00 $300.00
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, Minnesota:
1. Such proposed assessment roll, in the amount of $4,360.00, is hereby accepted and
shall constitute the special assessment against the lands named herein, and each
tract of land therein included is hereby found to be benefited by the proposed current
services in the amount of the assessment levied against it.
2. Such assessment shall be payable in no more than one annual installment and shall
bear interest at the rate of five (5%) percent from the date of adoption of this
assessment resolution.
3. The owner of any property so assessed may at any time prior to certification of the
assessment to the County Auditor and within 30 days of the date the City Council
adopts the assessment, pay the whole assessment on such property to the City's
Assessing Division without interest. Payments received after the expiration of the 30
day prepayment period, but received prior to November 15, 2016 will be charged
interest through the date of payment. Payments will not be accepted between
November 15, 2016 and January 1, 2016.
4. The City Clerk shall forthwith transmit a certified duplicate of this assessment roll to
the County Auditor to be extended on the property tax lists of the County and such
assessments shall be collected and paid over in the same manner as other
municipal taxes.
Adopted by the City Council of the City of Richfield this 11th day of October, 2016.
Debbie Goettel, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
AGENDA SEC -10N: PUBLIC HEARINGS
AGENDA ITEM # 9.
STAFF REPORT NO. 173
CITY COUNCIL MEETING
10/11/2016
REPORT PREPARED BY: Chris Regis, Finance Manager
DEPARTMENT DIRECTOR REVIEW:
OTHER DEPARTMENT REVIEW: None.
CITY MANAGER REVIEW: STEVEN L. DEVICH
10/5/2016
ITEM FOR COUNCIL CONSIDERATION:
Public hearing regarding the resolution adopting the special assessment roll for unpaid false alarm
user fees against private property.
EXECUTIVE SUMMARY:
Richfield City Code and City Charter allow the City to specially assess delinquent false alarm user fees
against the respective properties. State Statutes provide that the City may levy a special one year assessment
for these costs.
Unpaid alarm user fees must be paid to the City within 30 days from the date of written notice by the City to
the alarm user. Fees not paid within the time specified will be subject to a 10% penalty charge.
The special assessment for unpaid false alarm user fees assessed to private properties provides a means for
the City to recover costs incurred with the response by public safety to an alarm call on certain properties in
the City that turns out to be false.
RECOMMENDED ACTION:
Conduct and close the public hearing and by motion: Approve the resolution adopting the assessment
for unpaid false alarm user fees against private property.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
N/A.
B. POLICIES (resolutions, ordinances, regulations, statutes, etcy
Richfield City Code section 915.07 Subd. 3 and chapter 8.02 of the City Charter allows the City to
specially assess delinquent false alarm user fees against the respective properties.
Minnesota State Statutes provide that the City may levy a special one-year assessment
for these costs.
Notice of the certification was published in the Sun Current on September 22, 2016.
C. CRITICAL TIMING ISSUES:
N/A.
D. FINANCIAL IMPACT:
A 10% penalty charge is applied to all properties which have not paid within the time specified.
The proposed special assessment for unpaid false alarm user fees from private property is
$1,650.00 with an additional 5% interest charge on the assessment.
The affected property owner may prepay the original principal amount without interest
within 30 days from the date the Council adopts the assessment. If the original principal
amount is not paid, the assessment will be charged 5% interest.
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(B)LI
• Do not approve the resolutions and have the costs absorbed by the City.
PRINCIPAL PARTIES EXPECTED AT MEETING:
N/A.
ATTACHMENTS:
Description Type
D kJli nlpaidI1::::apse Alairirn Spediall Assessirnent lResokitoin lResolutlio n Il....ctteir
RESOLUTION NO.
RESOLUTION ADOPTING ASSESSMENT FOR
UNPAID FALSE ALARM FEES FROM PRIVATE PROPERTY.
WHEREAS, pursuant to proper notice duly given as required by law, the City
Council has met and passed upon all objections to the proposed assessment for unpaid
false alarm fees from private property in the City of Richfield:
Property Address
Property ID Number
Unpaid
False
Alarm Fee
1732 66th Street E
26-028-24-14-0130
440.00
28 W 66th St.
27-028-24-24-0061
330.00
6625 Lyndale Ave S
27-028-24-32-0137
110.00
6636 Cedar Ave S
26-028-24-41-0063
330.00
6800 Penn Ave S
29-028-24-44-0009
220.00
7401 18th Ave S
35-028-24-41-0013
110.00
7740 S 2nd Ave
34-028-24-43-0005
110.00
Total
$1,650.00
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield,
Minnesota:
1. Such proposed assessment roll, in the amount of $1,650.00, is hereby accepted and
shall constitute the special assessment against the lands named herein, and each tract
of land therein included is hereby found to be benefited by the proposed current
services in the amount of the assessment levied against it.
2. Such assessment shall be payable in no more than one annual installment and shall
bear interest at the rate of five (5%) percent from the date of adoption of this
assessment resolution.
3. The owner of any property so assessed may at any time prior to certification of the
assessment to the County Auditor and within 30 days of the date the City Council
adopts the assessment, pay the whole assessment on such property to the City's
Assessing Division without interest. Payments received after the expiration of the 30
day prepayment period, but received prior to November 15, 2016 will be charged
interest through the date of payment. Payments will not be accepted between
November 15, 2016 and January 1, 2017.
4. The City Clerk shall forthwith transmit a certified duplicate of this assessment roll to the
County Auditor to be extended on the property tax lists of the County and such
assessments shall be collected and paid over in the same manner as other municipal
taxes.
Adopted by the City Council of the City of Richfield this 11th day of October, 2016.
Debbie Goettel, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
AGENDA SECTION: OTHER BUSINESS
AGENDA ITEM # 10.
STAFF REPORT NO. 174
CITY COUNCIL MEETING
10/11/2016
REPORT PREPARED BY: Jack Broz, Transportation Engineer
DEPARTMENT DIRECTOR REVIEW: Kristin Asher, Public Works Director
10/4/2016
OTHER DEPARTMENT REVIEW: N/A
CITY MANAGER REVIEW: STEVEN L. DEVICH
10/5/2016
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the Transportation Commission's recommendation for a 69th Street Pedestrian Pilot
Project between Xerxes Avenue and Penn Avenue.
EXECUTIVE SUMMARY:
As a result of frequent complaints by residents regarding the speed of traffic on 69th Street between Xerxes
Ave and Penn Ave, city staff collected speed and traffic data on the roadway. Initial data collection supported
public concern and identified a serious vehicle speeding problem along this segment of roadway. 69th Street
is also classified as a 'collector' roadway, which by City policy should have a sidewalk along at least one side
of the street.
The 69th Street Pedestrian Pilot Project was recommended by the Transportation Commission on September
7, 2016 to address vehicle speeds on 69th Street and a lack of pedestrian facilities along the collector class
roadway. The pilot project will designate the current lane configuration on the street and convert the parking
area along the north side of the street to an on -street pedestrian and bicycle path from Xerxes Avenue to
Penn Avenue. Staff will periodically evaluate vehicle speeds and the number of pedestrians and bicyclists
using 69th Street. The pilot project would extend through June of 2017 with a summary report presented to the
Transportation Commission and City Council for long-term considerations at that time.
RECOMMENDED ACTION:
By Motion: Approve the 69th Street Pedestrian Pilot Project to convert the on -street parking along the
north side of 69th Street to an on -street pedestrian and bicycle path from Xerxes Avenue to Penn
Avenue to be re-evaluated in 2017.
1-f-A+A[+Y67a:7xo%]iyiIiyi1=I►1BEA 9Is] z
A. HISTORICAL CONTEXT
Pedestrian Connections
This project is intended to add over a 1/2 mile of planned pedestrian facilities on 69th Street which is an
identified gap in the pedestrian network (Xerxes Avenue to Penn Avenue).
This project would provide safer pedestrian connections to:
• Penn Avenue commercial district
• Edina commercial district
• Transit Stops on Penn Avenue and York Avenue
The 69th Street improvements may also accommodate bicycles on this planned bicycle route identified in
the approved Bicycle Master Plan.
Public Involvement
The following design alternatives were developed and presented at a Public Open House on August 24,
2016.
• Sidewalk with boulevard
• Wide sidewalk
• Wide sidewalk with shifted curb (requires "No Parking" restriction)
• Painted edge line (requires "No Parking" restriction)
• Painted edge line with tube delineators (requires "No Parking" restriction)
• Painted edge line with "curbed delineators" (requires "No Parking" restriction)
Public input received at the open house corroborated the speeding concern, but did not indicate a clear
direction for design.
Addressing Speed Concerns
Initial vehicle speed data collected along the corridor identified 85th Percentile speeds ranging from 35
mph to 38 mph. During September 2016, 69th Street was striped to delineate the existing traffic
lanes and parking lane. Vehicle speeds were collected and the 85th Percentile speeds did not
change for westbound traffic and were reduced 2-4 mph for eastbound traffic near Russel
Avenue.
B. POLICIES (resolutions, ordinances, regulations, statutes, etcy
The following approved city plans and policies have established goals for pedestrian facilities on
collector roadways and improved multi -modal transportation options for Richfield residents:
• Comprehensive Plan
• Sidewalk Policy
• Complete Streets Policy
• Guiding Principles for Roadway Improvements
• Bicycle Master Plan
C. CRITICAL TIMING ISSUES:
• Installation of pavement markings are weather dependent and need to be completed by the end of
October.
D. FINANCIAL IMPACT:
• The project will be funded using Street Maintenance Division funds.
E. LEGAL CONSIDERATION:
• The City Attorney will be available to answer questions.
ALTERNATIVE RECOMMENDATION(Sl:
The City Council may choose not to approve the 69th Street Pedestrian Pilot Project at this time, however if
postponed, the project will likely not be able to be implemented this season.
PRINCIPAL PARTIES EXPECTED AT MEETING:
None.
ATTACHMENTS:
Description Type
D Qpei n II...lIOUse«, irmneet i nq suirnirn-nairy 3/24/; 016 Covoir I eirmno
e�llJIiinig tiiiniriiuiiriinalilt
Public Open House 8/24/2016
RuexFoELmIM UisraffETs.aaG
Jefferson Park Shelter
69th Street Pedestrian Improvements
Xerxes Avenue to Penn Avenue
Meeting Purpose
The goal of the meeting was to let the public know about the upcoming project and project's alternatives:
• Sidewalk with boulevard
• Wide Sidewalk
• Wide Sidewalk with shifted curb (requires "No Parking" restriction)
• Painted edge line (requires "No Parking" restriction)
• Painted edge line with tube delineators (requires "No Parking" restriction)
• Painted edge line with "curbed delineators" (requires "No Parking" restriction)
Meeting Notice
• Approximately 400 invitations were mailed to the property owners in the area bounded by 68th
Street, Penn Avenue, 70th Street and Xerxes Avenue
• Posted on the City's website calendar
• Sweet Streets Website updated with project information
• Open House "Facebook events" were created on the Sweet Streets Page
Public Response
Approximately 30 residents attended and 22 comment cards were filled out along with one comment via
a phone conversation prior to the meeting.
Written comment summary:
Do you agree that there is a pedestrian problem on 69th St?
8 respondents indicated Yes
14 respondents indicated No
1 respondent indicated Uncertain
Please check the one of the six design alternative that is most appropriate for 69th St:
1 - Sidewalk with boulevard
1- Wide Sidewalk
3 - Wide Sidewalk with shifted curb (requires "No Parking" restriction)
2 - Painted edge line (requires "No Parking" restriction)
2 - Painted edge line with tube delineators (requires "No Parking" restriction)
4 - Painted edge line with "curbed delineators" (requires "No Parking" restriction)
ADDITIONAL COMMENTS
• The majority of attendees agreed that speeding on 69th Street is a problem, including six of the
respondents that indicated "no" to a pedestrian problem on the corridor.
• Concern about the cars running through the stop signs at Vincent/69th
• Concern about the costs leading to an increase in taxes
• Consider short term painted option with long term sidewalk construction
• Pedestrians can use 68th & 70th Street
• Delineators will be hard to maintain
• Delineators and paint can be easily removed if necessary
REPORT PREPARED BY:
AGENDA SECTION: OTHER BUSINESS
AGENDA ITEM # 11.
STAFF REPORT NO. 175
CITY COUNCIL MEETING
10/11/2016
William Fillmore, Liquor Operations Director
DEPARTMENT DIRECTOR REVIEW: William Fillmore, Liquor Operations Director
9/28/2016
OTHER DEPARTMENT REVIEW
CITY MANAGER REVIEW:
Pam Dmytrenko, Executive
STEVEN L. DEVICH
10/5/2016
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the award of a contract for the municipal liquor store parking lot and appurtenant
improvements at 6600 Cedar Avenue South.
EXECUTIVE SUMMARY:
At its meeting on June 14, 2016, the City Council approved an upgrade to the municipal liquor store at 6600
Cedar Avenue. The upgrade is scheduled to be substantially completed by November 4, 2016.
To complement a total project, the parking area is in need of improvement and expansion to accommodate
customer needs and provide a better use of space and traffic movement. At its meeting on July 12, 2016, the
City Council approved a resolution authorizing and directing condemnation of certain real estate, easements
and other rights and interests for the purpose of the expansion of the parking area serving the Cedar Avenue
municipal liquor store.
The City Council also authorized city staff and the city attorney to initiate eminent domain proceedings to
acquire said interest. On September 22, 2016, Hennepin County District Court filed a findings of fact,
conclusions of law and order approving petition and transfer of title and possession of the condemned
property on, or after, October 14, 2016. The parking lot plan includes the parcel that will be transferred to the
City.
The new parking lot will have six additional parking spots for a total of 36 parking spots. A new pylon digital
sign will be located further east of the current sign and more visible to Trunk Highway 77. (Sign not included
in parking lot bid)
Current spaces along the north side of the building will be eliminated to provide a more direct entrance with
minimal traffic congestion and improved safety. New landscape features are also included in the plan in
compliance with planning guidelines.
As of the writing of this staff report, bids for the project had not yet been received and opened. The bid
opening is scheduled for October 10, 2016. Staff will provide updated information to the Council before its
meeting on October 11 regarding the bids submitted and staff's recommendation for award of the contract.
With that updated information, staff will also revise the Recommended Action for Council's consideration at
the October 11 meeting.
RECOMMENDED ACTION:
By Motion: Approve the award of a contract for the municipal liquor store parking lot and appurtenant
improvements at 6600 Cedar Avenue South.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
• The City Attorney's office has provided findings of fact, conclusions of law and order approving
petition and transfer of title and possession of the parcel adjacent to the current lot and liquor store
property. Acquiring the parcel will allow the plan to accommodate additional parking and improve
traffic flow of customers.
B. POLICIES (resolutions, ordinances, regulations, statutes, etch
• At its meeting on September 27, 2016, the Council approved a zoning amendment and site plan
for parking lot modifications at the Cedar Avenue liquor store at 6600 Cedar Avenue S.
• Advertisements for bids were published on September 29, 2016.
• A public bid opening will be held on October 10, 2016.
C. CRITICAL TIMING ISSUES:
• The project needs to begin by October 17, 2016 so that it is completed prior to winter conditions
and to have availability of bituminous materials.
D. FINANCIAL IMPACT:
• Funds are available from liquor earnings.
• Property acquisition was minimal.
• It is estimated that the legal costs relating to acquisition of the adjacent parcel will be appro)amately
$15,000.
E. LEGAL CONSIDERATION:
• The parking lot meets all planning, zoning and building requirements.
• The City Attorney coordinated and supervised the acquisition process of the adjacent parcel.
ALTERNATIVE RECOMMENDATION(Sl:
The Council may choose to reject the bid submission or delay and deny the parking lot reconstruction.
However, this would result in the inability to provide a new parking area serving the remodeled Cedar Avenue
liquor store. If delayed, it would require the store to close again for approximately five weeks.
PRINCIPAL PARTIES EXPECTED AT MEETING:
Mike Klass, Wold Architects
AGENDA SECTION: OTHER BUSINESS
AGENDA ITEM # 12.
STAFF REPORT NO. 176
CITY COUNCIL MEETING
10/11/2016
REPORT PREPARED BY: Jim Topitzhofer, Recreation Services Director
DEPARTMENT DIRECTOR REVIEW: Jim Topitzhofer, Recreation Services Director
10/6/2016
OTHER DEPARTMENT REVIEW:
CITY MANAGER REVIEW: Steve Devich, City Manager
10/6/2016
ITEM FOR COUNCIL CONSIDERATION:
Presentation of results of a sound test conducted at Veterans Memorial Park on September 19, 2016 in
consideration of a community band shell.
EXECUTIVE SUMMARY:
On July 12, 2016, City Council approved a resolution granting approval of a site plan to allow the construction
of a community band shell in Veterans Memorial Park. One of the conditions of the approval included a
sound test of the site conducted by a professional testing company. Council members Fitzhenry and
Howard and staff reviewed a number of sound testing proposals that would determine potential impacts to
nearby residences and the group selected ESI Engineering's proposal. The City of Shoreview contracted ESI
Engineering to perform the same type of sound test in their consideration of constructing a band shell in Snail
Lake Park.
The scope of ESI's work included the following:
• Measure background noise near the proposed Veteran's Park band shell site during early evening
hours when most events will occur. Measurements will be made for 5 to 10 minute periods at 10 to 20
locations, which will be at park property lines and in the surrounding area.
• Measure performance sound levels at a similar band shell site in the Twin Cities area to help determine
the expected impact of the City of Richfield band shell on the surrounding area.
• Simulate a performance at the proposed site at actual performance sound levels and measure the
sound levels in the surrounding area. The simulated sound levels will be calibrated to levels measured at
the similar band shell site. Measurements will be made at the same locations selected for the ambient
measurements, and then compared with MPCA requirements & local noise ordinances.
Study Conclusion:
Studies were completed to understand the ambient noise levels and potential music sound levels at locations
near the site. The primary objective was to determine if band shell performance sound would meet code
requirements at the nearest residential receivers. The following summarizes the study findings:
• The band shell will be used for community bands, Americana style bands, and other similar ensembles.
Further, performances may be un -amplified or amplified, and groups will not be allowed to exceed a to -
be -determined sound criterion.
• Future events at the band shell would typically take place on weekday evenings and finish before 10:00
pm. Per the City of Richfield Code, which adopts the Minnesota Rule 7030 noise requirements, event
sound at the nearest residential receivers is limited to an L10 of 65 dBA, and an L50 of 60 dBA.
• To evaluate typical sound levels produced by an Americana style band, sound measurements were
performed of this genre of music at the Minnehaha Pavilion in Minneapolis. The results of this test were
used to set sound levels for music simulation tests at the site.
• Ambient noise was measured at locations in the neighborhood near the band shell site. The continuous
background noise was controlled by traffic and insects, and louder intermittent sound was produced by
nearby passing vehicles and jets. The ambient L50 noise levels were 62 to 65 dBA at locations along
East 66th Street, and 47 to 55 dBA at locations in the neighborhoods away from the street.
• Music sound was simulated at the band shell site at levels greater than those measured at the
Minnehaha Pavilion, which resulted in audible music at all locations. At most locations in the
neighborhood, the measured music sound levels were less than the code limits. However, at three
locations, both the ambient and music simulation results exceed the limits because of traffic on East
66th Street. For these locations, it is not possible to distinguish the music sound levels from the ambient
noise levels, and therefore, the results cannot be used to determine if the music levels exceed the code
requirements.
• Calculations were prepared to evaluate worst case music sound transmission to the neighborhood. The
results only exceeded the code requirements at the nearest residential receiver locations along East
66th Street, however, they were still less than the ambient levels at these locations.
• For band shell music sound levels to meet the code requirements at locations in the neighborhood, our
preliminary recommendation is to limit the hourly L50 sound level at 50 feet from the stage front to 79
dBA. This criterion needs to be reviewed with the City of Richfield to determine if it is reasonable and
measurable.
A detailed report is attached. Ryan Skoug from ESI Engineering will be presenting the results of the sound
testing at the Council meeting.
RECOMMENDED ACTION:
Discuss results of a sound test conducted at Veterans Memorial Park on September 19, 2016 in
consideration of a community band shell.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
• On June 23, 2015, City Council passed a resolution granting approval of a site plan to allow the
construction of a community band shell in Veterans Memorial Park. The Council specified that no
additional funding from the City would be provided to the project. At the same meeting, the Council
approved a contract with David Linner Architects to prepare plans, specifications and bidding
documents.
• City Council approved a motion on September 8, 2015 to reject all bids for the construction of a
band shell. All four bids received exceeded the project budget.
• On July 12, 2016, City Council passed a resolution granting approval of a revised site plan to allow
the construction of a community band shell in Veterans Memorial Park.
B. POLICIES (resolutions, ordinances, regulations, statutes, etch
• The City's Noise Control Ordinance is included in Section 930 of the City Code. The Noise
Control Ordinance adopts by reference the Minnesota Pollution Control Agency's Regulations,
Noise Pollution Control Section, Minnesota Rules Chapter 7030, as amended. (Amended, Bill No.
2009-21)
C. CRITICAL TIMING ISSUES:
• There are no critical timing issues associated with this agenda item other than that sufficient time
is needed to prepare plans and specifications in advance of a second bid. If the Council desires
to proceed with a second bid, the recommended time to do so is in January or February, 2017, to
take advantage of favorable construction pricing.
D. FINANCIAL IMPACT:
• ESI's fee to perform the sound test is $10,000. This cost will be included in the overall project
budget with total costs not to exceed $522,000.
E. LEGAL CONSIDERATION:
• There are no legal considerations associated with this agenda item.
ALTERNATIVE RECOMMENDATION(B)LI
If the Council concluded that further study or consideration is needed to determine if there a potential noise
impacts from concerts at a band shell facility in Veterans Memorial Park, the Council can table any action on
the project until further study is completed, either by ESI Engineering or another resource.
PRINCIPAL PARTIES EXPECTED AT MEETING:
Ryan Skoug, ESI Engineering, Inc.
ATTACHMENTS:
Description Type
D Band &:) uinJ TestIRea:,nJu Us' t: ov(.Rir II'u eirm.)
( ) esi eng-Ineeri-ing
October 5.2016
Mr. Jim TopKzhofer
City of Richfield
7OOON|cnUctAvenue
Richfield, MNSS423
Subject: Summary Report
Band Shell Sound Evaluation
Veterans Memorial Park — Richfield, Minnesota
Dear Mr. Top|tzhnfer:
The City of Richfield is considering a band shell on the southwest side of Legion Lake at Veterans
Memorial Park. East 66 Street is on the south side of the park with residential homes across
the street, as shown in Figure 1. Figure 2 shows a plan of the proposed band shell site layout.
Figure 1 - Aerial image of the proposed band shell site.
Structures [ Vibraflow I Noise | Mmw�tmring
ESUEmgineerimg Inic. 7831 GUenrmyRuad Suiwe43@, MimneapoNs, MN 5�543,9
B52.831.464@ 1 mm|-en0ineemmgxoim
Mr. Jim Topitzhofer October 5, 2016
City of Richfield Page 2
'All 11"'0111 W)��
.IS fI N.;RAM1EI(i JIAIp��W�U
f M1
STI
t "jai
s.
,,,. ... "I
rirwr 2
ITII KI
I1'11 AIIIII
7
,6a ti
urz s
o \ ^ C1, 111n6 Y',11NIvd�b4 hf {.
�rnromE*t' ter+,ti„r '� fi I1 l e1NCnC f (17'Nlf
NI iFI a�N41W(, €tiN NV'TI Sl A4.1Mf;—�
ti
1�✓�" �✓j/Y ty
I V IAgI f I v) it R{'Iti I,I)
N 1 I Ni;f I I
1
fLlY6kAM11 I, IsNf,:K 1L% U'G bl( 1L1611INRQ
'dJP HT,f h)f ON
1Cfvll\I NI LNOWAMW h [ kN
r sfRII V I'I �I I Y h 1 iN 1) NRI PS f 1A, I
^, I (NoCRI I11SM;II7 � 131111 A II IwN�111
{I I i) NIhY,)1, t',ORIA(INI:,TH4(I
0
INIihTd I I III DT I M"U
�,�, �� oily%vroaancll
_..... � u 4IIstlIINl] WALK
...f....
ti4 AIA VN I11f
Figure 2 — Plan drawing of the proposed band shell layout.
We understand the band shell will be used for community bands, Americana style bands, and
other similar ensembles. Further, performances may be un -amplified or amplified, and groups
will not be allowed to exceed a to -be -determined sound criterion. ESI Engineering was asked
to assist with the following:
• Measure existing ambient noise levels in the surrounding neighborhood.
• Perform a music simulation to determine if performances at the band shell would exceed
noise level criteria established by the State of Minnesota and enforced by the City of
Richfield.
• Develop a reasonable sound criterion to set for music sound levels during performances.
This letter is a summary of our findings and recommendations.
Mr. Jim Topitzhofer October 5, 2016
City of Richfield Page 3
Noise, ,f»iivef"»mfuif""iurnf»iifd.
Part of noise control is determining how much noise is permissible based on human sensitivity.
This is difficult because it depends on an individual's hearing ability and noise sensitivity, the
community's previous experiences with similar noise, and the community's attitude toward the
noise. In some cases, municipalities have specified noise requirements based on the land use
and time of day.
The City of Richfield Code, Section 930: Noise Control, states that:
"the following state agency regulations are adopted by reference: Minnesota
Pollution Control Agency, Noise Pollution Control Section, Minnesota Rules
Chapter 7030, as amended."
Minnesota Rule 7030: Noise Pollution, contains maximum allowable sound levels by receiving
land use evaluated at the point of the nearest receiver. Table 1 shows the Rule 7030 L1 O' and
L5 02 noise limits for residential and commercial receivers.
Table 1 — Minnesota Rule 7030 / City of Richfield Code Requirements
We understand future events at the band shell would typically take place on weekday evenings
and finish before 10:00 pm. Therefore, the code requirements for event sound at the nearest
residential receivers is an L1O of 65 dBA, and an L5O of 60 dBA. For reference, Figure 3 shows
sound pressure levels for various common noise sources and typical human perception of the
source loudness.
L10 is the sound level that is exceeded 10% of the time during a one hour period.
Z L50 is the sound level that is exceeded 50% of the time during a one hour period.
Residential
Commercial
L10
L50
L10
L50
Daytime
(7AM - 10PM)
65 dBA
60 dBA
70 dBA
65 dBA
Nighttime
(10PM - 7AM)
55 dBA
50 dBA
70 dBA
65 dBA
We understand future events at the band shell would typically take place on weekday evenings
and finish before 10:00 pm. Therefore, the code requirements for event sound at the nearest
residential receivers is an L1O of 65 dBA, and an L5O of 60 dBA. For reference, Figure 3 shows
sound pressure levels for various common noise sources and typical human perception of the
source loudness.
L10 is the sound level that is exceeded 10% of the time during a one hour period.
Z L50 is the sound level that is exceeded 50% of the time during a one hour period.
Mr. Jim Topitzhofer
City of Richfield
Figure 3 — Common noise sources and average levels.
October 5, 2016
Page 4
The primary music genre that is expected to be performed at the band shell is Americana. This
genre has amplified vocals and instruments, but does not have the loud noise levels, heavy bass,
and improper language issues that can be associated with other music types. To quantify the
sound levels produced by this type of concert, a measurement was made of an Americana band
called "Matthew Inkala & The Hostages". The measurement was made on September 1, 2016,
during a performance at the Minnehaha Pavilion in Minneapolis, Minnesota. A photo of the
performance is shown in Figure 4.
The sound measurement location was 50 feet from the front of the stage, which is where sound
board operators are typically located. The measured music sound levels were an L1O of 86 dBA,
an Leg3 of 81 dBA, and an L50 of 77 dBA. A measurement data sheet for this test is provided
in Attachment A.
s Equivalent continuous sound level, or Leq, is the average sound level as measured in the pressure units of pascals, that is then
converted into decibels.
SPL
How Loud it Sounds
dB(A)
Common Noise Sources
jet engine at 75 ft.
Painful
jet takeoff maximum at 300 ft.
Extremely Loud
III
1
Typical rock music
Very Loud
[[[[[[[[[[ ,,,,,,,;,
Lawnmower at 3 ft.
80
Heavy truck at 50 ft.
72
jet ski at 50 ft.
Loud
70
Lawnmower at 100 ft.
66
60
jet ski at 100 ft.
Urban Area Daytime
Moderate
50
40
Urban Area Nighttime
Quiet
30
Quiet living room
20
Very Quiet
10
Figure 3 — Common noise sources and average levels.
October 5, 2016
Page 4
The primary music genre that is expected to be performed at the band shell is Americana. This
genre has amplified vocals and instruments, but does not have the loud noise levels, heavy bass,
and improper language issues that can be associated with other music types. To quantify the
sound levels produced by this type of concert, a measurement was made of an Americana band
called "Matthew Inkala & The Hostages". The measurement was made on September 1, 2016,
during a performance at the Minnehaha Pavilion in Minneapolis, Minnesota. A photo of the
performance is shown in Figure 4.
The sound measurement location was 50 feet from the front of the stage, which is where sound
board operators are typically located. The measured music sound levels were an L1O of 86 dBA,
an Leg3 of 81 dBA, and an L50 of 77 dBA. A measurement data sheet for this test is provided
in Attachment A.
s Equivalent continuous sound level, or Leq, is the average sound level as measured in the pressure units of pascals, that is then
converted into decibels.
Mr. Jim Topitzhofer October 5, 2016
City of Richfield Page 5
Figure 4 — Photo of an Americana style band performing at the Minnehaha Pavilion.
Ambierit Noise Study
Measurements were performed at neighborhood locations near the band shell site to quantify
the existing ambient noise levels. The measurement locations and distances from the band
shell are shown in Figure 5, with the closest location 490 feet to south. We understand future
concerts will primarily take place on weekdays during evening hours. Therefore, the tests were
performed between 7:00 PM and 9:00 PM on Thursday, September 8, 2016.
The measurement duration was 5 minutes at each location. This was a short enough period to
allow measurements to be made at many locations, but long enough to get a reasonable average
of the ambient noise levels. The continuous background noise was controlled by traffic and
insects, and louder intermittent sound was produced by nearby passing vehicles and jets. The
ambient L50 noise levels were 62 to 65 dBA at locations along East 66th Street, and 47 to 55 dBA
at locations in the neighborhoods away from the street. Measurement data sheets for each of
the ambient tests are provided in Attachment B.
Mr. Jim Topitzhofer October 5, 2016
City of Richfield Page 6
Figure 5 - Aerial image of the project site showing sound measurement locations and
distance from the band shell.
Mr. Jim Topitzhofer October 5, 2016
City of Richfield Page 7
Music SIrnuiritiorp ,Study
To quantify music sound transmission from the band shell location to the surrounding area,
music simulation tests were performed. Measurements where made between 7:00 PM and
9:00 PM on Monday, September 19, 2016. Two Americana style songs where played from
loudspeakers at the band shell location for a period of 5 minutes for each test. The first song
was "Gone, Gone, Gone" by Robert Plant and Alison Krauss, and the second was "Rolling in the
Deep" by Adele. The speakers were pointed in a direction to best mimic the band shell's
directivity towards the audience. The speakers were also elevated above ground to simulate
them being set on the band shell stage (see Figure 6).
Figure 6 — Photo of the music simulation sound system equipment.
Music simulation sound measurements were made at the 13 locations shown in Figure 5.
Measurement data sheets are provided in Attachment C. At location 1, which is 50 feet in front
of the speakers, the measured music levels were an L10 of 87 dBA, an Leq of 84 dBA, and an
L50 of 82 dBA. These levels are 1 dBA, 3 dBA, and 5 dBA louder, respectively, than those
measured at the concert at Minnehaha Pavilion. This was done intentionally to provide an
assumed worst case condition, which resulted in audible music at all locations.
Figures 7 and 8 compare the L10 and L50 ambient noise measurement results to the music
simulation test results, as well as the code requirements. At most locations, the music
simulation results are less than the code limits. However, at locations 2, 7 and 10, both the
ambient and music simulation results exceed the limits because of traffic on East 66th Street.
For these three locations, it is not possible to distinguish the music sound levels from the
ambient noise levels, and therefore, the results cannot be used to determine if the music levels
exceed the code requirements.
571
4-
0
2: U
571
4-
0
2: U
Mr. Jim Topitzhofer October 5, 2016
City of Richfield Page 10
Mi,isic SSion f Calri,ilritioris
Sound levels at locations 2 through 13 were calculated based on the measured music simulation
levels at location 1. The calculations only used a 6 dB drop in sound per doubling of distance,
and did not include other reductions for excess sound attenuation, such as attenuation by
barriers, ground, air, humidity, temperature inversions, or wind. This produced a conservative
estimate of the music sound levels at each test location. Sound propagation downwind can
reduce the total excess attenuation, but typically is not a significant enough factor to increase
the sound level.
A comparison of the calculated music sound levels with the measured and ambient levels is
shown in Figures 9 and 10. With the exception of locations 2 and 7, the calculated levels were
greater than the measured and still below the code requirement. At locations 2 and 7 the
calculated levels are 0 to 3 dBA higher than the code. Reducing the music performance sound
levels by 3 dBA would result in all locations meeting the requirements.
OR
571 R
2: u
CD 0 0 CD 0 CD 0 0 0 0
<3 0' C, <3 C)' C), <3 C)'
kD i.n m
(edTiOZ '@J VOP) IBABI @jnss9Jd punoS
CYl
LJ
0
A
M
LJ
0
A
O
O
LJ
0
A
in
LJ
0
A
0
LJ
0
A
r1l
LJ
0
A
Z MM
,
CD 0 0 CD 0 CD 0 0 0 0
<3 0' C, <3 C)' C), <3 C)'
kD i.n m
(edTiOZ '@J VOP) IBABI @jnss9Jd punoS
CYl
LJ
0
A
M
LJ
0
A
O
O
LJ
0
A
in
LJ
0
A
0
LJ
0
A
r1l
LJ
0
A
571 R
2: u
D
LD
u
0
GD
D
ra
CD
A
LJ
0
Mr. Jim Topitzhofer October 5, 2016
City of Richfield Page 13
Mi,isic Perfewrnance Soi,iiid Crit sjorp
Since the calculated L10 and L50 values exceed the code requirements at locations 2 and 7,
band shell performance sound levels should be quieter than the simulation sound levels. To
meet the code requirements, our preliminary recommendation is for the hourly L50, or median,
sound level at 50 feet from the stage front to not exceed 79 dBA. This is 3 dBA quieter than the
simulation, but 2 dBA louder than the measured level during the concert at Minnehaha Pavilion.
This should be a reasonable sound level for performers, and will meet the code requirements at
the nearest locations on the south side of East 66th Street. The recommended criterion needs
to be reviewed with the City of Richfield to determine if it is reasonable and measurable.
Conchs wig. rps
Studies were completed to understand the ambient noise levels and potential music sound
levels at locations near the site. The primary objective was to determine if band shell
performance sound would meet code requirements at the nearest residential receivers. The
following summarizes the study findings:
• The band shell will be used for community bands, Americana style bands, and other
similar ensembles. Further, performances may be un -amplified or amplified, and groups
will not be allowed to exceed a to -be -determined sound criterion.
• Future events at the band shell would typically take place on weekday evenings and
finish before 10:00 pm. Per the City of Richfield Code, which adopts the Minnesota Rule
7030 noise requirements, event sound at the nearest residential receivers is limited to
an L10 of 65 dBA, and an L50 of 60 dBA.
• To evaluate typical sound levels produced by an Americana style band, sound
measurements were performed of this genre of music at the Minnehaha Pavilion in
Minneapolis. The results of this test were used to set sound levels for music simulation
tests at the site.
• Ambient noise was measured at locations in the neighborhood near the band shell site.
The continuous background noise was controlled by traffic and insects, and louder
intermittent sound was produced by nearby passing vehicles and jets. The ambient L50
noise levels were 62 to 65 dBA at locations along East 66th Street, and 47 to 55 dBA at
locations in the neighborhoods away from the street.
• Music sound was simulated at the band shell site at levels greater than those measured
at the Minnehaha Pavilion, which resulted in audible music at all locations. At most
locations in the neighborhood, the measured music sound levels were less than the code
limits. However, at three locations, both the ambient and music simulation results
exceed the limits because of traffic on East 66th Street. For these locations, it is not
possible to distinguish the music sound levels from the ambient noise levels, and
therefore, the results cannot be used to determine if the music levels exceed the code
requirements.
Mr. Jim Topitzhofer
City of Richfield
October 5, 2016
Page 14
Calculations were prepared to evaluate worst case music sound transmission to the
neighborhood. The results only exceeded the code requirements at the nearest
residential receiver locations along East 66th Street, however, they were still less than
the ambient levels at these locations.
• For band shell music sound levels to meet the code requirements at locations in the
neighborhood, our preliminary recommendation is to limit the hourly L50 sound level at
50 feet from the stage front to 79 dBA. This criterion needs to be reviewed with the City
of Richfield to determine if it is reasonable and measurable.
We appreciate the opportunity to work with the City of Richfield on this project and remain
available to assist in the resolution of these and any other matters. Please let us know if you
have any questions or need more information.
Sincerely,
Ryan L. Skoog, .E"P (Acoustics/Oregon)
Consulting Engineer
ESI Engineering, Inc.
Attachments
Anthony J. axter, P.E.
Principal
ESI Engineering, Inc.
File: P2259 City of Richfield - Summary Report for Band Shell Sound Evaluation, Oct 5, 2016 ver 1
Attachment A
Outdoor Concert Venue - Sound Measurement Data
Band Shell Sound Evaluation - October 5, 2016
9�esi engineering
o u s t iiii c ' r ("s t: IIIR(''m dI[ is
4lllllr.2J-)(r1111, IIv811°rllr.. mLa I tii.",)!'32,'s '1,411Px46 r-r.uu�.illllllaaa;ullll°Il�:i.ra�rlhl
Project No:
P2259
Analyzer:
Larson Davis 831 s/n 3553
Project:
City of Richfield - Band Shell
Preamplifier:
Larson Davis PRM831 s/n 029391
Location:
Richfield, MN
Microphone:
Larson Davis 3371320 s/n 137686
Engineer:
R.L. Skoug
Calibrator:
Bruel & Kjaer 4231 s/n 3009047
dB
Hz
Last Calibrated:
February 9, 2016
Location:
Minnehaha Pavillion, Minneapolis, MN
Date:
9/1/2016
Start Time:
7:39:49 PM
End Time:
8:01:03 PM
Run Time:
1274.0 seconds
Measurements: File N. 5: Music Sound Levels
Measured 50' from Stage Front
M
L
831_Data.005 - LAeq
831_Data.005 - LAeq - Sliding L10 (4000)
831 Data.005 - LAeq - Sliding L50 (4000)
Meteorology: Temperature: 71 °F
Wind Speed / Dir.: 0 - 5 MPH / E
Humidity: 55%
Calibration Check: Calibration Frequency: 1 kHz
Initial Calibration: 94.0 dB
Final Calibration: 93.9 dB
Last Cal. Check: 9/1/16 @ 8:01 PM
�u
dB -1
go-
I
I
I_.
..
I
1 i..
L..
I
1
I.. I
1 I _
8:01:03
72.4dBA
85.4dERA
s
Hz
dB
Hz
dB
Hz
dB
Hz
77.6dBA
i
Hz
7
Hz
I
25
13.1 dB
80
I
1
58.2 dB
I
6
2500
60.2 dB
8000
58.5 dB
31.5
17.8 dB
100
51.1 dB
315
60.9 dB
1000
60.8 dB
3150
61.2 dB
10000
54.9 dB
40
28.6 dB
125
5
7.AA-Aa 7.A'I.AO
7.AC.AO
-7.Aa
7.Aa.Aa
7- -I.AO
-.-Aa
-7-Aa
O.AO
O.I11
Time, h.m.s.
_ 831_Data.005 - LN10 - A
0 831_Data.005 - LN50 - A
49
1/3 Octave Band Frequency, Hz
L1.0: 89.5 dB(A) L50.0: 76.7 dB(A) L95.0: 56.6 dB(A) Leq: 81.1 dB(A)
L10.0: 85.5 dB(A) L90.0: 59.8 dB(A) LMin: 51.8 dB(A) LMax: 98.3 dB(A)
Figure Al
831 _Data.005
LN50 - A
Hz
dB
Hz
dB
Hz
dB
Hz
dB
Hz
dB
Hz
dB
25
13.1 dB
80
46.3 dB
250
58.2 dB
800
61.8 dB
2500
60.2 dB
8000
58.5 dB
31.5
17.8 dB
100
51.1 dB
315
60.9 dB
1000
60.8 dB
3150
61.2 dB
10000
54.9 dB
40
28.6 dB
125
58.9 dB
400
65.9 dB
1250
60.0 dB
4000
57.8 dB
12500
45.5 dB
50
39.1 dB
160
58.5 dB
500
63.9 dB
1600
65.0 dB
5000
59.7 dB
16000
40.0 dB
63
44.1 dB
200
60.9 dB
630
62.9 dB
2000
60.5 dB
6300
61.5 dB
20000
31.6 dB
Figure Al
Attachment B
Ambient Noise Tests - Sound Measurement Data
Band Shell Sound Evaluation - October 5, 2016
9�esi engineering
o u s t iiii c ' r ("s t: IIIR(''m dI[ is
41nne21.n(rlh5 II vdinnr..mLa I tti.",)!'32,'sod,411Px4g7..r.uu�.iuuuaaa;luu°u�:i.ra�ril�i
Project No:
P2259
Analyzer:
Larson Davis 831 s/n 3553
Project:
City of Richfield - Band Shell
Preamplifier:
Larson Davis PRM831 s/n 029391
Location:
Richfield, MN
Microphone:
Larson Davis 3371320 s/n 137686
Engineer:
R.L. Skoug
Calibrator:
Bruel & Kjaer 4231 s/n 3009047
dB
Hz
Last Calibrated:
February 9, 2016
Location: Location 1 Meteorology:
Date: 9/8/2016
Start Time: 7:00:00 PM
End Time: 7:05:10 PM Calibration Check:
Run Time: 310.0 seconds
Measurements: File N. 2: Ambient Noise - 2 Jet Passes Nearby,
Distant Car Traffic
831_Data.002 - LAeq
831_Data.002 - LAeq - Sliding L10 (4000)
831 Data.002 - LAeq - Sliding L50 (4000)
Temperature: 72°F
Wind Speed / Dir.: 0-5 MPH / NNE
Humidity: 51%
Calibration Frequency: 1 kHz
Initial Calibration: 93.9 dB
Final Calibration: 93.9 dB
Last Cal. Check: 9/9/16 @ 8:53 PM
Time, h.m.s.
831_Data.002 - LN10 - A
0 831 Data.002 - LN50 - A
00
1/3 Octave Band Frequency, Hz
L1.0: 71.6 dB(A) L50.0: 51.9 dB(A) L95.0: 50.0 dB(A) Leq: 60.4 dB(A)
L10.0: 64.7 dB(A) L90.0: 50.2 dB(A) LMin: 48.9 dB(A) LMax: 73.7 dB(A)
831 _Data.002
LN50 - A
7:05:05
Js -
Hz
dB
Hz
dB
Hz
dB
Hz
dB
Hz
dB
Sz.yasn
9
80
34.9 dB
250
32.9 dB
800
43.5 dB
2500
33.3 dB
8000
19.4 dB
65.1 [ERA
17.1 dB
100
36.7 dB
315
30.3 dB
1000
44.1 dB
3150
29.5 dB
10000
51.9dBA
s
22.6 dB
125
36.7 dB
400
33.1 dB
1250
42.6 dB
4000
25.3 dB
12500
20.9 dB
50
27.4 dB
160
37.2 dB
500
37.0 dB
1600
40.5 dB
5000
38.3 dB
16000
14.1 dB
63
32.1 dB
200
35.9 dB
630
40.1 dB
2000
37.3 dB
6300
7
20000
11.6 dB
6
5
n.nn
L...... --n
--nn
x.114
-In --nn
-'-In
--n
--n
--nn
--n
Time, h.m.s.
831_Data.002 - LN10 - A
0 831 Data.002 - LN50 - A
00
1/3 Octave Band Frequency, Hz
L1.0: 71.6 dB(A) L50.0: 51.9 dB(A) L95.0: 50.0 dB(A) Leq: 60.4 dB(A)
L10.0: 64.7 dB(A) L90.0: 50.2 dB(A) LMin: 48.9 dB(A) LMax: 73.7 dB(A)
Figure B1
831 _Data.002
LN50 - A
Hz
dB
Hz
dB
Hz
dB
Hz
dB
Hz
dB
Hz
dB
25
10.5 dB
80
34.9 dB
250
32.9 dB
800
43.5 dB
2500
33.3 dB
8000
19.4 dB
31.5
17.1 dB
100
36.7 dB
315
30.3 dB
1000
44.1 dB
3150
29.5 dB
10000
21.2 dB
40
22.6 dB
125
36.7 dB
400
33.1 dB
1250
42.6 dB
4000
25.3 dB
12500
20.9 dB
50
27.4 dB
160
37.2 dB
500
37.0 dB
1600
40.5 dB
5000
38.3 dB
16000
14.1 dB
63
32.1 dB
200
35.9 dB
630
40.1 dB
2000
37.3 dB
6300
36.3 dB
20000
11.6 dB
Figure B1
9�esi engineering
o u s t iiii c ' r ("s t: IIIR(''m dI[ is
41nne2M.n(rlh5 IIvdinner. oLa I tti.",)!'32,'sod,411Px4g7..r.uu�.iuuuaaa;uuu°u�:i.ra�ril�i
Project No:
P2259
Analyzer:
Larson Davis 831 s/n 3553
Project:
City of Richfield - Band Shell
Preamplifier:
Larson Davis PRM831 s/n 029391
Location:
Richfield, MN
Microphone:
Larson Davis 3371320 s/n 137686
Engineer:
R.L. Skoug
Calibrator:
Bruel & Kjaer 4231 s/n 3009047
301.0 seconds
Initial Calibration: 93.9 dB
Last Calibrated:
February 9, 2016
Location:
Location 2
Meteorology: Temperature: 72'F
Date:
9/8/2016
Wind Speed / Dir.: 0-5 MPH / NNE
Start Time:
7:26:48 PM
Humidity: 51%
End Time:
7:31:49 PM
7:31:49
66.9dBA
9
Calibration Check: Calibration Frequency: 1 kHz
Run Time:
301.0 seconds
Initial Calibration: 93.9 dB
Final Calibration: 93.9 dB
Measurements: File N. 5: Ambient Noise - Many Nearby Car Passes Last Cal. Check. 9/9/16 @ 8.53 PM
831-Data.005 - LAeq
831-Data.005 - LAeq - Sliding L10 (4000)
831 Data.005 - LAeq - Sliding L50 (4000)
Js -
7:31:49
66.9dBA
9
72.0dERA
65.2dBA
M--
7
1 1119
6
7:26:48
h.m.s. 7:27:18
7:27:48
7:28:18
7:28:48
7:29:18
7:29:48
7:30:18
7:30:48
7:31:18
7:31
Time, h.m.s.
831-Data.005 - LN 10 - A
0 831 -
Data.005 - LN50 - A
M s
L d
0 7
N
6
a 5
m
aai 4
J
d
3
m 2
CL
a
1
B 250 (L)*
0 51.3 72.2
43.8 65.1
0
31.5 Ha 63 125 250 500 1K 2K 4K
1/3 Octave Band Frequency, Hz
L1.0: 76.7 dB(A) L50.0: 65.1 dB(A) L95.0: 55.8 dB(A)
L10.0: 72.2 dB(A) L90.0: 57.9 dB(A) LMin: 53.1 dB(A)
I I
8K 16K (L)'
Leq: 68.2 dB(A)
LMax: 79.0 dB(A)
48
831 _Data.005
LN50 - A
Hz dB Hz dB Hz dB Hz dB Hz dB Hz dB
25 10.5 dB 80 33.6 dB 250 43.8 dB 800 55.8 dB 2500 50.3 dB 8000 32.7 dB
31.5 15.9 dB 100 36.4 dB 315 44.2 dB 1000 57.8 dB 3150 47.1 dB 10000 27.4 dB
40 22.4 dB 125 37.3 dB 400 46.6 dB 1250 58.1 dB 4000 43.6 dB 12500 21.7 dB
50 26.2 dB 160 39.8 dB 500 49.6 dB 1600 56.9 dB 5000 39.8 dB 16000 15.9 dB
63 29.4 dB 200 42.2 dB 630 52.4 dB 2000 53.8 dB 6300 36.4 dB 20000 12.3 dB
Figure B2
31.5 Ha 63 125 250 500 1K 2K 4K
1/3 Octave Band Frequency, Hz
L1.0: 76.7 dB(A) L50.0: 65.1 dB(A) L95.0: 55.8 dB(A)
L10.0: 72.2 dB(A) L90.0: 57.9 dB(A) LMin: 53.1 dB(A)
I I
8K 16K (L)'
Leq: 68.2 dB(A)
LMax: 79.0 dB(A)
48
831 _Data.005
LN50 - A
Hz dB Hz dB Hz dB Hz dB Hz dB Hz dB
25 10.5 dB 80 33.6 dB 250 43.8 dB 800 55.8 dB 2500 50.3 dB 8000 32.7 dB
31.5 15.9 dB 100 36.4 dB 315 44.2 dB 1000 57.8 dB 3150 47.1 dB 10000 27.4 dB
40 22.4 dB 125 37.3 dB 400 46.6 dB 1250 58.1 dB 4000 43.6 dB 12500 21.7 dB
50 26.2 dB 160 39.8 dB 500 49.6 dB 1600 56.9 dB 5000 39.8 dB 16000 15.9 dB
63 29.4 dB 200 42.2 dB 630 52.4 dB 2000 53.8 dB 6300 36.4 dB 20000 12.3 dB
Figure B2
Figure B2
9�esi engineering
o u s t iiii c ' r ("s t: IIIR(''m dI[ is
41nnr.21-)(!dh5 II vdinnr..mLa I tti.",)!'32,'sod,411Px4g7..r.uu�.iuuuaaa;uuu°u�:i.ra�ril�i
Project No:
P2259
Analyzer:
Larson Davis 831 s/n 3553
Project:
City of Richfield - Band Shell
Preamplifier:
Larson Davis PRM831 s/n 029391
Location:
Richfield, MN
Microphone:
Larson Davis 3371320 s/n 137686
Engineer:
R.L. Skoug
Calibrator:
Bruel & Kjaer 4231 s/n 3009047
dB
Hz
Last Calibrated:
February 9, 2016
Location: Location 3 Meteorology:
Date: 9/8/2016
Start Time: 7:33:36 PM
End Time: 7:38:37 PM Calibration Check:
Run Time: 301.0 seconds
Measurements: File N. 6: Ambient Noise - 1 Jet Pass Nearby,
Distant Car Traffic, 2 Nearby Car Passes
831_Data.006 - LAeq
831_Data.006 - LAeq - Sliding L10 (4000)
Temperature: 72°F
Wind Speed / Dir.: 0-5 MPH / NNE
Humidity: 51%
Calibration Frequency: 1 kHz
Initial Calibration: 93.9 dB
Final Calibration: 93.9 dB
Last Cal. Check: 9/9/16 @ 8:53 PM
Time, h.m.s.
831_Data.006 - LN10 - A
0 831 Data.006 - LN50 - A
1/3 Octave Band Frequency, Hz
L1.0: 77.4 dB(A) L50.0: 48.6 dB(A) L95.0: 45.0 dB(A) Leq: 63.1 dB(A)
L10.0: 60.3 dB(A) L90.0: 45.5 dB(A) LMin: 43.8 dB(A) LMax: 79.9 dB(A)
Figure B3
831 _Data.006
LN50 - A
Hz
dB
Hz
dB
Hz
dB
Hz
dB
Hz
dB
Hz
dB
25
7.5 dB
80
28.9 dB
250
34.0 dB
800
39.2 dB
2500
32.6 dB
8000
19.0 dB
31.5
10.1 dB
100
30.4 dB
315
32.7 dB
1000
40.2 dB
3150
29.8 dB
10000
16.8 dB
40
17.2 dB
125
31.8 dB
400
33.3 dB
1250
38.9 dB
4000
26.7 dB
12500
15.0 dB
50
22.8 dB
160
32.2 dB
500
35.5 dB
1600
37.0 dB
5000
24.8 dB
16000
13.0 dB
63
26.5 dB
200
32.8 dB
630
37.0 dB
2000
34.5 dB
6300
21.6 dB
20000
11.6 dB
Figure B3
9�esi engineering
o u s t iiii c ' r ("s t: IIIR(''m dI[ is
41nne21.n(rlh5 II vdinnr..mLa I tti.",)!'32,'sod,411Px4g7..r.uu�.iuuuaaa;luu°u�:i.ra�ril�i
Project No:
P2259
Analyzer:
Larson Davis 831 s/n 3553
Project:
City of Richfield - Band Shell
Preamplifier:
Larson Davis PRM831 s/n 029391
Location:
Richfield, MN
Microphone:
Larson Davis 3371320 s/n 137686
Engineer:
R.L. Skoug
Calibrator:
Bruel & Kjaer 4231 s/n 3009047
dB
Hz
Last Calibrated:
February 9, 2016
Location: Location 4 Meteorology:
Date: 9/8/2016
Start Time: 7:40:00 PM
End Time: 7:45:01 PM Calibration Check:
Run Time: 301.0 seconds
Measurements: File N. 7: Ambient Noise - 1 Jet Pass Nearby,
4 Distant Jet Passes, Distant Car Traffic
831_Data.007 - LAeq
831_Data.007 - LAeq - Sliding L10 (4000)
831 Data.007 - LAeq - Sliding L50 (4000)
Temperature: 72°F
Wind Speed / Dir.: 0-5 MPH / NNE
Humidity: 51%
Calibration Frequency: 1 kHz
Initial Calibration: 93.9 dB
Final Calibration: 93.9 dB
Last Cal. Check: 9/9/16 @ 8:53 PM
Time, h.m.s.
831_Data.007 - LN10 - A
0 831 Data.007 - LN50 - A
00
1/3 Octave Band Frequency, Hz
L1.0: 70.6 dB(A) L50.0: 51.6 dB(A) L95.0: 45.1 dB(A) Leq: 59.0 dB(A)
L10.0: 61.5 dB(A) L90.0: 45.8 dB(A) LMin: 43.6 dB(A) LMax: 71.6 dB(A)
831 _Data.007
LN50 - A
7:45:01
Js -
Hz
dB
Hz
dB
Hz
dB
Hz
dB
Hz
dB
53.2dBA
9
80
35.6 dB
250
38.9 dB
800
40.1 dB
2500
31.2 dB
8000
16.2 dB
61.2dERA
15.2 dB
100
37.2 dB
315
38.1 dB
1000
40.4 dB
3150
28.0 dB
10000
51.6dBA
s
22.0 dB
125
38.9 dB
400
37.9 dB
1250
37.9 dB
4000
21.8 dB
12500
13.9 dB
50
27.7 dB
160
39.5 dB
500
37.2 dB
1600
35.5 dB
5000
21.4 dB
16000
12.6 dB
63
31.9 dB
200
39.7 dB
630
38.5 dB
2000
31.9 dB
6300
7
20000
11.3 dB
6
5
I.All.11ll
L. - - 7 -An
-In ---nn
-4-In
--nn
7 -Al
-In 7 -Al
-nn 7.A'!
In 7.AA.11ll
7 -AA
-In 7 -Al
Time, h.m.s.
831_Data.007 - LN10 - A
0 831 Data.007 - LN50 - A
00
1/3 Octave Band Frequency, Hz
L1.0: 70.6 dB(A) L50.0: 51.6 dB(A) L95.0: 45.1 dB(A) Leq: 59.0 dB(A)
L10.0: 61.5 dB(A) L90.0: 45.8 dB(A) LMin: 43.6 dB(A) LMax: 71.6 dB(A)
Figure B4
831 _Data.007
LN50 - A
Hz
dB
Hz
dB
Hz
dB
Hz
dB
Hz
dB
Hz
dB
25
9.3 dB
80
35.6 dB
250
38.9 dB
800
40.1 dB
2500
31.2 dB
8000
16.2 dB
31.5
15.2 dB
100
37.2 dB
315
38.1 dB
1000
40.4 dB
3150
28.0 dB
10000
14.9 dB
40
22.0 dB
125
38.9 dB
400
37.9 dB
1250
37.9 dB
4000
21.8 dB
12500
13.9 dB
50
27.7 dB
160
39.5 dB
500
37.2 dB
1600
35.5 dB
5000
21.4 dB
16000
12.6 dB
63
31.9 dB
200
39.7 dB
630
38.5 dB
2000
31.9 dB
6300
20.1 dB
20000
11.3 dB
Figure B4
9�esi engineering
o u s t iiii c ' r ("s t: IIIR(''m dI[ is
41nnr.21-)(!dh5 II vdinnr..mLa I tti.",)!'32,'sod,411Px4g7..r.uu�.iuuuaaa;luu°u�:i.ra�ril�i
Project No:
P2259
Analyzer:
Larson Davis 831 s/n 3553
Project:
City of Richfield - Band Shell
Preamplifier:
Larson Davis PRM831 s/n 029391
Location:
Richfield, MN
Microphone:
Larson Davis 3371320 s/n 137686
Engineer:
R.L. Skoug
Calibrator:
Bruel & Kjaer 4231 s/n 3009047
dB
Hz
Last Calibrated:
February 9, 2016
Location: Location 5 Meteorology:
Date: 9/8/2016
Start Time: 7:46:13 PM
End Time: 7:54:28 PM Calibration Check:
Run Time: 495.0 seconds
Measurements: File N. 8: Ambient Noise - 1 Jet Pass Nearby,
3 Distant Jet Passes, Distant Car Traffic
831_Data.008 - LAeq
831_Data.008 - LAeq - Sliding L10 (4000)
831 Data.008 - LAeq - Sliding L50 (4000)
Temperature: 72°F
Wind Speed / Dir.: 0-5 MPH / NNE
Humidity: 51%
Calibration Frequency: 1 kHz
Initial Calibration: 93.9 dB
Final Calibration: 93.9 dB
Last Cal. Check: 9/9/16 @ 8:53 PM
Js -
9
831 _Data.008
LN50 - A
7:54:28
67.SdBA
67.1 dRA
8
dB
Hz
dB
Hz
dB
Hz
dB
Hz
dB
54.9dBA
dB
25
L ds
80
34.3 dB
250
43.2 dB
800
40.6 dB
2500
38.0 dB
8000
7
6
31.5
18.5 dB
100
36.1 dB
315
42.8 dB
1000
40.1 dB
3150
36.3 dB
10000
250
(L)*
0 70
125
35.1 dB
400
37.8 dB
1250
40.1 dB
4000
5-
40
12500
I 7.AO.A1
--41
II.A1
-A-A't
-1-41
-1.41
-A.-
Time, h.m.s
831_Data.008 - LN10 - A
831 Data.008 - LN50 - A
8
831 _Data.008
LN50 - A
Hz
dB
Hz
dB
Hz
dB
Hz
dB
Hz
dB
Hz
dB
25
L ds
80
34.3 dB
250
43.2 dB
800
40.6 dB
2500
38.0 dB
8000
25.4 dB
31.5
18.5 dB
100
36.1 dB
315
42.8 dB
1000
40.1 dB
3150
36.3 dB
10000
250
(L)*
0 70
125
35.1 dB
400
37.8 dB
1250
40.1 dB
4000
34.8 dB
12500
18.8 dB
50
30.8 dB
160
35.3 dB
500
40.5 dB
1600
38.3 dB
5000
31.8 dB
16000
57.3
73.0
32.9 dB
200
40.5 dB
630
39.6 dB
2000
38.1 dB
6300
28.1 dB
20000
12.6 dB
43.2
54.5
6
m
a 5
m
m 4
J
3
m
m
ro 2
CL
a
10-
0
m
31.5 Hz 63 125 250 500 1K 2K 4K 8K 16K (L)'
1/3 Octave Band Frequency, Hz
L1.0: 74.7 dB(A) L50.0: 54.7 dB(A) L95.0: 43.9 dB(A) Leq: 62.7 dB(A)
L10.0: 66.8 dB(A) L90.0: 44.3 dB(A) LMin: 42.8 dB(A) LMax: 76.5 dB(A)
13
Figure B5
831 _Data.008
LN50 - A
Hz
dB
Hz
dB
Hz
dB
Hz
dB
Hz
dB
Hz
dB
25
13.0 dB
80
34.3 dB
250
43.2 dB
800
40.6 dB
2500
38.0 dB
8000
25.4 dB
31.5
18.5 dB
100
36.1 dB
315
42.8 dB
1000
40.1 dB
3150
36.3 dB
10000
22.0 dB
40
26.0 dB
125
35.1 dB
400
37.8 dB
1250
40.1 dB
4000
34.8 dB
12500
18.8 dB
50
30.8 dB
160
35.3 dB
500
40.5 dB
1600
38.3 dB
5000
31.8 dB
16000
15.5 dB
63
32.9 dB
200
40.5 dB
630
39.6 dB
2000
38.1 dB
6300
28.1 dB
20000
12.6 dB
Figure B5
9�esi engineering
tiiii c r ("s t, IIIA � �� III[ is
41nnr.21-)(!dh5 II vdinnr..mLa I tti.",)!'32,'sod,411Px4g7..r.uu�.iuuuaaa;uuu°u�:i.ra�ril�i
Project No:
P2259
Analyzer:
Larson Davis 831 s/n 3553
Project:
City of Richfield - Band Shell
Preamplifier:
Larson Davis PRM831 s/n 029391
Location:
Richfield, MN
Microphone:
Larson Davis 3371320 s/n 137686
Engineer:
R.L. Skoug
Calibrator:
Bruel & Kjaer 4231 s/n 3009047
dB
Hz
Last Calibrated:
February 9, 2016
Location: Location 6 Meteorology:
Date: 9/8/2016
Start Time: 7:56:55 PM
End Time: 8:02:10 PM Calibration Check:
Run Time: 315.0 seconds
Measurements: File N. 9: Ambient Noise - 5 Distant Jet Passes,
1 Nearby Car Pass, Distant Car Traffic
Insects Chirping
831_Data.009 - LAeq
831_Data.009 - LAeq - Sliding L10 (4000)
831 Data.009 - LAeq - Sliding L50 (4000)
Temperature: 72°F
Wind Speed / Dir.: 0-5 MPH / NNE
Humidity: 51%
Calibration Frequency: 1 kHz
Initial Calibration: 93.9 dB
Final Calibration: 93.9 dB
Last Cal. Check: 9/9/16 @ 8:53 PM
Time, h.m.s.
831_Data.009 - LN10 - A
0 831 Data.009 - LN50 - A
55
1/3 Octave Band Frequency, Hz
L1.0: 64.3 dB(A) L50.0: 48.8 dB(A) L95.0: 45.3 dB(A) Leq: 53.3 dB(A)
L10.0: 55.5 dB(A) L90.0: 45.7 dB(A) LMin: 44.0 dB(A) LMax: 69.3 dB(A)
831 _Data.009
LN50 - A
8:02:00
Js -
Hz
dB
Hz
dB
Hz
dB
Hz
dB
Hz
dB
5y.oasn
9
80
31.3 dB
250
35.6 dB
800
38.8 dB
2500
35.8 dB
8000
15.8 dB
54.74 RA
12.5 dB
100
33.9 dB
315
34.5 dB
1000
39.9 dB
3150
28.1 dB
10000
48.7dBA
8
18.2 dB
125
35.9 dB
400
35.1 dB
1250
38.3 dB
4000
21.1 dB
12500
13.7 dB
50
23.2 dB
160
36.5 dB
500
34.9 dB
1600
35.6 dB
5000
22.6 dB
16000
12.3 dB
63
27.8 dB
200
35.6 dB
630
36.6 dB
2000
31.9 dB
6300
70--
20000
11.1 dB
611
5
7:56:55
h.m.s. 7:57:25
7:57:55
7:58:25
7:58:55
7:59:25
7:59:55
8:00:25
8:00:55
8:01:25
8:01
Time, h.m.s.
831_Data.009 - LN10 - A
0 831 Data.009 - LN50 - A
55
1/3 Octave Band Frequency, Hz
L1.0: 64.3 dB(A) L50.0: 48.8 dB(A) L95.0: 45.3 dB(A) Leq: 53.3 dB(A)
L10.0: 55.5 dB(A) L90.0: 45.7 dB(A) LMin: 44.0 dB(A) LMax: 69.3 dB(A)
Figure B6
831 _Data.009
LN50 - A
Hz
dB
Hz
dB
Hz
dB
Hz
dB
Hz
dB
Hz
dB
25
6.5 dB
80
31.3 dB
250
35.6 dB
800
38.8 dB
2500
35.8 dB
8000
15.8 dB
31.5
12.5 dB
100
33.9 dB
315
34.5 dB
1000
39.9 dB
3150
28.1 dB
10000
14.6 dB
40
18.2 dB
125
35.9 dB
400
35.1 dB
1250
38.3 dB
4000
21.1 dB
12500
13.7 dB
50
23.2 dB
160
36.5 dB
500
34.9 dB
1600
35.6 dB
5000
22.6 dB
16000
12.3 dB
63
27.8 dB
200
35.6 dB
630
36.6 dB
2000
31.9 dB
6300
21.2 dB
20000
11.1 dB
Figure B6
9�esi engineering
o u s t iiii c ' r("t: IIIR(''m dI[ is
41nnr.21-)(!dh5 IIvdinner. oLa I tti.",)!'32,'sod,411Px4g7..r.uu�.iuuuaaa;uuu°u�:i.ra�ril�i
Project No:
P2259
Analyzer:
Larson Davis 831 s/n 3553
Project:
City of Richfield - Band Shell
Preamplifier:
Larson Davis PRM831 s/n 029391
Location:
Richfield, MN
Microphone:
Larson Davis 3371320 s/n 137686
Engineer:
R.L. Skoug
Calibrator:
Bruel & Kjaer 4231 s/n 3009047
302.0 seconds
Initial Calibration: 93.9 dB
Last Calibrated:
February 9, 2016
Location:
Location 7
Meteorology: Temperature: 72°F
Date:
9/8/2016
Wind Speed / Dir.: 0-5 MPH / NNE
Start Time:
8:03:45 PM
Humidity: 51%
End Time:
8:08:47 PM
Calibration Check: Calibration Frequency: 1 kHz
Run Time:
302.0 seconds
Initial Calibration: 93.9 dB
72.9dRA
Final Calibration: 93.9 dB
Measurements: File N. 10: Ambient Noise - 4 Distant Jet Passes, Last Cal. Check. 9/9/16 @ 8.53 PM
Many Nearby Car Passes,
Insects Chirping
831-Data.01 D - LAeq
831-Data.010 - LAeq - Sliding L10 (4000)
831 Data.01 D - LAeq - Sliding L50 (4000)
J B -
Rattling Semi Trailer
8:05:43
94.5dsA
9
72.9dRA
64.2dBA
8
7
6
5
4
4-
L...... ...A.
-
Time, h.m.s.
831-Data.010 - LN 10 - A
0 831 -
Data.010 - LN50 - A
M s
L d
o
N
6
a 5
m
a� 4
J
d
3
ro 2
L
a
1
B 250 (L)*
0 55.0 74.1
47.9 65.5
D ,
0
31.5 Ha 63 125 250 500 1K 2K 4K
1/3 Octave Band Frequency, Hz
L1.0: 80.3 dB(A) L50.0: 65.5 dB(A) L95.0: 56.7 dB(A)
L10.0: 74.1 dB(A) L90.0: 58.0 dB(A) LMin: 54.0 dB(A)
I I
8K 16K (L)'
Leq: 73.0 dB(A)
LMax: 100.2 dB(A)
45
831 _Data.010
LN50 - A
Hz dB Hz dB Hz dB Hz dB Hz dB Hz dB
25 15.9 dB 80 40.4 dB 250 47.9 dB 800 56.3 dB 2500 51.0 dB 8000 31.7 dB
31.5 21.5 dB 100 43.1 dB 315 48.3 dB 1000 58.2 dB 3150 46.9 dB 10000 26.8 dB
40 27.0 dB 125 45.1 dB 400 49.8 dB 1250 57.4 dB 4000 43.0 dB 12500 27.0 dB
50 32.4 dB 160 46.4 dB 500 51.4 dB 1600 56.9 dB 5000 39.6 dB 16000 20.9 dB
63 36.7 dB 200 46.7 dB 630 53.0 dB 2000 54.3 dB 6300 36.0 dB 20000 13.9 dB
Figure B7
31.5 Ha 63 125 250 500 1K 2K 4K
1/3 Octave Band Frequency, Hz
L1.0: 80.3 dB(A) L50.0: 65.5 dB(A) L95.0: 56.7 dB(A)
L10.0: 74.1 dB(A) L90.0: 58.0 dB(A) LMin: 54.0 dB(A)
I I
8K 16K (L)'
Leq: 73.0 dB(A)
LMax: 100.2 dB(A)
45
831 _Data.010
LN50 - A
Hz dB Hz dB Hz dB Hz dB Hz dB Hz dB
25 15.9 dB 80 40.4 dB 250 47.9 dB 800 56.3 dB 2500 51.0 dB 8000 31.7 dB
31.5 21.5 dB 100 43.1 dB 315 48.3 dB 1000 58.2 dB 3150 46.9 dB 10000 26.8 dB
40 27.0 dB 125 45.1 dB 400 49.8 dB 1250 57.4 dB 4000 43.0 dB 12500 27.0 dB
50 32.4 dB 160 46.4 dB 500 51.4 dB 1600 56.9 dB 5000 39.6 dB 16000 20.9 dB
63 36.7 dB 200 46.7 dB 630 53.0 dB 2000 54.3 dB 6300 36.0 dB 20000 13.9 dB
Figure B7
Figure B7
9�esi engineering
o u s t iiii c ' r ("s t: IIIR(''m dI[ is
41nne21.n(rlh5 II vdinnr..mLa I tti.",)!'32,'sod,411Px4g7..r.uu�.iuuuaaa;uuu°u�:i.ra�ril�i
Project No:
P2259
Analyzer:
Larson Davis 831 s/n 3553
Project:
City of Richfield - Band Shell
Preamplifier:
Larson Davis PRM831 s/n 029391
Location:
Richfield, MN
Microphone:
Larson Davis 3371320 s/n 137686
Engineer:
R.L. Skoug
Calibrator:
Bruel & Kjaer 4231 s/n 3009047
dB
Hz
Last Calibrated:
February 9, 2016
Location: Location 8 Meteorology:
Date: 9/8/2016
Start Time: 8:10:13 PM
End Time: 8:15:14 PM Calibration Check:
Run Time: 301.0 seconds
Measurements: File N. 11: Ambient Noise - 7 Distant Jet Passes,
5 Nearby Car Passes, Distant Car Traffic
Insects Chirping
831_Data.011 - LAeq
831_Data.011 - LAeq - Sliding L10 (4000)
831 Data.011 - LAeq - Sliding L50 (4000)
Temperature: 72°F
Wind Speed / Dir.: 0-5 MPH / NNE
Humidity: 51%
Calibration Frequency: 1 kHz
Initial Calibration: 93.9 dB
Final Calibration: 93.9 dB
Last Cal. Check: 9/9/16 @ 8:53 PM
Time, h.m.s.
831_Data.011 - LN 10 - A
0 831 Data.011 - LN50 - A
13
1/3 Octave Band Frequency, Hz
L1.0: 67.7 dB(A) L50.0: 52.0 dB(A) L95.0: 48.7 dB(A) Leq: 56.0 dB(A)
L10.0: 57.7 dB(A) L90.0: 49.3 dB(A) LMin: 46.9 dB(A) LMax: 70.7 dB(A)
831 _Data.011
LN50 - A
8:15:14
Js -
Hz
dB
Hz
dB
Hz
dB
Hz
dB
Hz
dB
50. i asn
9
80
35.0 dB
250
37.5 dB
800
41.7 dB
2500
42.0 dB
8000
17.7 dB
57.88 RA
15.7 dB
100
36.9 dB
315
36.4 dB
1000
42.0 dB
3150
37.2 dB
10000
52.1xBA
s
21.3 dB
125
38.2 dB
400
37.2 dB
1250
40.1 dB
4000
22.9 dB
12500
22.8 dB
50
26.9 dB
160
38.8 dB
500
38.9 dB
1600
37.8 dB
5000
29.6 dB
16000
16.4 dB
63
32.0 dB
200
37.9 dB
630
40.6 dB
2000
34.6 dB
6300
7D--
20000
11.9 dB
50-
50.94-
40-
-4-
4.44.A't
0.9'1.91
0 4A.4't
Time, h.m.s.
831_Data.011 - LN 10 - A
0 831 Data.011 - LN50 - A
13
1/3 Octave Band Frequency, Hz
L1.0: 67.7 dB(A) L50.0: 52.0 dB(A) L95.0: 48.7 dB(A) Leq: 56.0 dB(A)
L10.0: 57.7 dB(A) L90.0: 49.3 dB(A) LMin: 46.9 dB(A) LMax: 70.7 dB(A)
Figure B8
831 _Data.011
LN50 - A
Hz
dB
Hz
dB
Hz
dB
Hz
dB
Hz
dB
Hz
dB
25
9.9 dB
80
35.0 dB
250
37.5 dB
800
41.7 dB
2500
42.0 dB
8000
17.7 dB
31.5
15.7 dB
100
36.9 dB
315
36.4 dB
1000
42.0 dB
3150
37.2 dB
10000
20.7 dB
40
21.3 dB
125
38.2 dB
400
37.2 dB
1250
40.1 dB
4000
22.9 dB
12500
22.8 dB
50
26.9 dB
160
38.8 dB
500
38.9 dB
1600
37.8 dB
5000
29.6 dB
16000
16.4 dB
63
32.0 dB
200
37.9 dB
630
40.6 dB
2000
34.6 dB
6300
32.9 dB
20000
11.9 dB
Figure B8
9�esi engineering
o u s t iiii c ' r ("s t: IIIR(''m dI[ is
41nne21.n(rlh5 II vdinnr..mLa I tti.",)!'32,'sod,411Px4g7..r.uu�.iuuuaaa;uuu°u�:i.ra�ril�i
Project No:
P2259
Analyzer:
Larson Davis 831 s/n 3553
Project:
City of Richfield - Band Shell
Preamplifier:
Larson Davis PRM831 s/n 029391
Location:
Richfield, MN
Microphone:
Larson Davis 337B20 s/n 137686
Engineer:
R.L. Skoug
Calibrator:
Bruel & Kjaer 4231 s/n 3009047
dB
Hz
Last Calibrated:
February 9, 2016
Location: Location 9 Meteorology:
Date: 9/8/2016
Start Time: 8:16:49 PM
End Time: 8:22:20 PM Calibration Check:
Run Time: 331.0 seconds
Measurements: File N. 12: Ambient Noise - 6 Distant Jet Passes,
Distant Car Traffic, Insects Chirping
831_Data.012 - LAeq
831_Data.012 - LAeq - Sliding L10 (4000)
831 -Data. 012 - LAeq - Sliding L50 (4000)
Temperature: 72°F
Wind Speed / Dir.: 0-5 MPH / NNE
Humidity: 51%
Calibration Frequency: 1 kHz
Initial Calibration: 93.9 dB
Final Calibration: 93.9 dB
Last Cal. Check: 9/9/16 @ 8:53 PM
Js -
831 _Data.012
LN50 - A
8:21:54
5ssasn
9
Hz
dB
Hz
dB
Hz
dB
Hz
dB
Hz
dB
55.74 RA
7.2 dB
80
32.3 dB
250
35.8 dB
800
38.0 dB
2500
45.1 dB
8000
49.[ dBA
8
13.7 dB
100
34.5 dB
315
35.4 dB
1000
38.4 dB
3150
35.0 dB
10000
14.6 dB
40
19.3 dB
125
35.2 dB
400
35.3 dB
1250
35.9 dB
4000
18.2 dB
12500
13.7 dB
50
24.4 dB
160
36.0 dB
500
35.8 dB
1600
32.6 dB
5000
70--
16000
12.6 dB
63
28.4 dB
200
36.2 dB
630
36.9 dB
2000
30.2 dB
6
21.9 dB
20000
11.2 dB
'50-
40-
8:16:49
8:16:49
h.m.s. 8:17:19
8:17:49
8:18:19
8:18:49
8:19:19
8:19:49
8:20:19
8:20:49
8:21:19
8:21
Time, h.m.s.
831_Data.012 - LN10 - A
0 831 Data.012 - LN50 - A
49
1/3 Octave Band Frequency, Hz
L1.0: 64.3 dB(A) L50.0: 49.8 dB(A) L95.0: 47.9 dB(A) Leq: 54.2 dB(A)
L10.0: 57.8 dB(A) L90.0: 48.1 dB(A) LMin: 46.9 dB(A) LMax: 66.5 dB(A)
Figure 139
831 _Data.012
LN50 - A
Hz
dB
Hz
dB
Hz
dB
Hz
dB
Hz
dB
Hz
dB
25
7.2 dB
80
32.3 dB
250
35.8 dB
800
38.0 dB
2500
45.1 dB
8000
17.6 dB
31.5
13.7 dB
100
34.5 dB
315
35.4 dB
1000
38.4 dB
3150
35.0 dB
10000
14.6 dB
40
19.3 dB
125
35.2 dB
400
35.3 dB
1250
35.9 dB
4000
18.2 dB
12500
13.7 dB
50
24.4 dB
160
36.0 dB
500
35.8 dB
1600
32.6 dB
5000
23.7 dB
16000
12.6 dB
63
28.4 dB
200
36.2 dB
630
36.9 dB
2000
30.2 dB
6300
21.9 dB
20000
11.2 dB
Figure 139
9�esi engineering
o u s t iiii c ' r ("s t: IIIR(''m dI[ is
41nne21-)(!dh5 II vdinnr..mLa I tti.",)!'32,'sod,411Px4g7..r.uu�.iuuuaaa;uuu°u�:i.ra�ril�i
Project No:
P2259
Analyzer:
Larson Davis 831 s/n 3553
Project:
City of Richfield - Band Shell
Preamplifier:
Larson Davis PRM831 s/n 029391
Location:
Richfield, MN
Microphone:
Larson Davis 3371320 s/n 137686
Engineer:
R.L. Skoug
Calibrator:
Bruel & Kjaer 4231 s/n 3009047
dB
Hz
Last Calibrated:
February 9, 2016
Location: Location 10 Meteorology:
Date: 9/8/2016
Start Time: 8:24:08 PM
End Time: 8:29:09 PM Calibration Check:
Run Time: 301.0 seconds
Measurements: File N. 13: Ambient Noise - 4 Distant Jet Passes,
Many Nearby Car Passes,
Insects Chirping
831_Data.013 - LAeq
831_Data.013 - LAeq - Sliding L10 (4000)
831 -Data. 013 - LAeq - Sliding L50 (4000)
Temperature: 72°F
Wind Speed / Dir.: 0-5 MPH / NNE
Humidity: 51%
Calibration Frequency: 1 kHz
Initial Calibration: 93.9 dB
Final Calibration: 93.9 dB
Last Cal. Check: 9/9/16 @ 8:53 PM
Time, h.m.s.
831_Data.013 - LN10 - A
0 831 Data.013 - LN50 - A
08
1/3 Octave Band Frequency, Hz
L1.0: 76.8 dB(A) L50.0: 62.5 dB(A) L95.0: 54.3 dB(A) Leq: 66.8 dB(A)
L10.0: 70.4 dB(A) L90.0: 55.7 dB(A) LMin: 51.0 dB(A) LMax: 79.9 dB(A)
831 _Data.013
LN50 - A
8:29:09
dB -
d
Hz
dB
Hz
dB
Hz
dB
Hz
dB
Hz
dB
6D.4dBA
9
80
37.9 dB
250
45.6 dB
800
52.5 dB
2500
47.2 dB
8000
26.5 dB
71.0dERA
19.7 dB
100
39.8 dB
315
45.5 dB
1000
54.5 dB
3150
42.1 dB
10000
62.6dBA
8
26.5 dB
125
41.8 dB
400
47.3 dB
1250
54.0 dB
4000
38.1 dB
12500
20.1 dB
50
31.2 dB
160
43.4 dB
500
48.7 dB
1600
53.3 dB
5000
35.7 dB
7
15.5 dB
63
34.5 dB
200
44.5 dB
630
50.2 dB
2000
49.7 dB
6300
6
20000
11.7 dB
50-
40-
--.
L. ... .. 4
A.'!4 0.7C.110
4.'IG.'!4
0.7G.110
0.7G.'t0
4.'1
.114 0.7�.'t4
4.']4.114
0.70.'t0
Q.
Time, h.m.s.
831_Data.013 - LN10 - A
0 831 Data.013 - LN50 - A
08
1/3 Octave Band Frequency, Hz
L1.0: 76.8 dB(A) L50.0: 62.5 dB(A) L95.0: 54.3 dB(A) Leq: 66.8 dB(A)
L10.0: 70.4 dB(A) L90.0: 55.7 dB(A) LMin: 51.0 dB(A) LMax: 79.9 dB(A)
Figure 1310
831 _Data.013
LN50 - A
Hz
dB
Hz
dB
Hz
dB
Hz
dB
Hz
dB
Hz
dB
25
13.0 dB
80
37.9 dB
250
45.6 dB
800
52.5 dB
2500
47.2 dB
8000
26.5 dB
31.5
19.7 dB
100
39.8 dB
315
45.5 dB
1000
54.5 dB
3150
42.1 dB
10000
21.9 dB
40
26.5 dB
125
41.8 dB
400
47.3 dB
1250
54.0 dB
4000
38.1 dB
12500
20.1 dB
50
31.2 dB
160
43.4 dB
500
48.7 dB
1600
53.3 dB
5000
35.7 dB
16000
15.5 dB
63
34.5 dB
200
44.5 dB
630
50.2 dB
2000
49.7 dB
6300
31.6 dB
20000
11.7 dB
Figure 1310
9�esi engineering
o u s t iiii c ' r ("s t: IIIR(''m dI[ is
41nnr.21-)(!dh5 II vdinnr..mLa I tti.",)!'32,'sod,411Px4g7..r.uu�.iuuuaaa;uuu°u�:i.ra�ril�i
Project No:
P2259
Analyzer:
Larson Davis 831 s/n 3553
Project:
City of Richfield - Band Shell
Preamplifier:
Larson Davis PRM831 s/n 029391
Location:
Richfield, MN
Microphone:
Larson Davis 3371320 s/n 137686
Engineer:
R.L. Skoug
Calibrator:
Bruel & Kjaer 4231 s/n 3009047
dB
Hz
Last Calibrated:
February 9, 2016
Location: Location 11 Meteorology:
Date: 9/8/2016
Start Time: 8:32:01 PM
End Time: 8:37:03 PM Calibration Check:
Run Time: 302.0 seconds
Measurements: File N. 14: Ambient Noise - 1 Distant Jet Pass,
1 Nearby Car Pass, Distant Car Traffic
Insects Chirping
831_Data.014 - LAeq
831_Data.014 - LAeq - Sliding L10 (4000)
Temperature: 72°F
Wind Speed / Dir.: 0-5 MPH / NNE
Humidity: 51%
Calibration Frequency: 1 kHz
Initial Calibration: 93.9 dB
Final Calibration: 93.9 dB
Last Cal. Check: 9/9/16 @ 8:53 PM
Time, h.m.s.
831_Data.014 - LN10 - A
0 831 Data.014 - LN50 - A
1/3 Octave Band Frequency, Hz
L1.0: 60.7 dB(A) L50.0: 51.3 dB(A) L95.0: 49.8 dB(A) Leq: 53.1 dB(A)
L10.0: 55.2 dB(A) L90.0: 50.1 dB(A) LMin: 48.3 dB(A) LMax: 68.0 dB(A)
Figure 1311
831 _Data.014
LN50 - A
Hz
dB
Hz
dB
Hz
dB
Hz
dB
Hz
dB
Hz
dB
25
7.2 dB
80
30.7 dB
250
33.2 dB
800
40.7 dB
2500
45.6 dB
8000
20.1 dB
31.5
12.7 dB
100
32.9 dB
315
31.7 dB
1000
42.3 dB
3150
33.4 dB
10000
21.3 dB
40
19.0 dB
125
34.1 dB
400
33.0 dB
1250
41.4 dB
4000
27.8 dB
12500
24.6 dB
50
24.7 dB
160
34.2 dB
500
35.0 dB
1600
40.3 dB
5000
33.4 dB
16000
18.8 dB
63
27.7 dB
200
34.2 dB
630
37.5 dB
2000
38.3 dB
6300
27.2 dB
20000
13.4 dB
Figure 1311
9�esi engineering
o u s t iiii c ' r ("s t: IIIR(''m dI[ is
41nne21.n(rlh5 II vdinnr..mLa I tti.",)!'32,'sod,411Px4g7..r.uu�.iuuuaaa;uuu°u�:i.ra�ril�i
Project No:
P2259
Analyzer:
Larson Davis 831 s/n 3553
Project:
City of Richfield - Band Shell
Preamplifier:
Larson Davis PRM831 s/n 029391
Location:
Richfield, MN
Microphone:
Larson Davis 337B20 s/n 137686
Engineer:
R.L. Skoug
Calibrator:
Bruel & Kjaer 4231 s/n 3009047
dB
Hz
Last Calibrated:
February 9, 2016
Location: Location 12 Meteorology:
Date: 9/8/2016
Start Time: 8:38:35 PM
End Time: 8:43:37 PM Calibration Check:
Run Time: 302.0 seconds
Measurements: File N. 15: Ambient Noise - 2 Distant Jet Passes,
Distant Car Traffic, Insects Chirping
831_Data.015 - LAeq
831_Data.015 - LAeq - Sliding L10 (4000)
831 -Data. 015 - LAeq - Sliding L50 (4000)
Temperature: 72°F
Wind Speed / Dir.: 0-5 MPH / NNE
Humidity: 51%
Calibration Frequency: 1 kHz
Initial Calibration: 93.9 dB
Final Calibration: 93.9 dB
Last Cal. Check: 9/9/16 @ 8:53 PM
Time, h.m.s.
831_Data.015 - LN10 - A
0 831 Data.015 - LN50 - A
35
1/3 Octave Band Frequency, Hz
L1.0: 55.7 dB(A) L50.0: 52.2 dB(A) L95.0: 51.3 dB(A) Leq: 52.7 dB(A)
L10.0: 54.1 dB(A) L90.0: 51.4 dB(A) LMin: 50.6 dB(A) LMax: 60.1 dB(A)
831 _Data.015
LN50 - A
8:43:37
Js -
Hz
dB
Hz
dB
Hz
dB
Hz
dB
Hz
dB
53.7dBA
9
80
32.0 dB
250
34.3 dB
800
40.3 dB
2500
46.7 dB
8000
18.4 dB
54.2dERA
12.2 dB
100
33.4 dB
315
33.0 dB
1000
41.0 dB
3150
33.8 dB
10000
52.2dBA
8
18.3 dB
125
34.6 dB
400
33.0 dB
1250
38.5 dB
4000
26.0 dB
12500
18.2 dB
50
23.4 dB
160
34.8 dB
500
34.5 dB
1600
36.0 dB
5000
45.4 dB
16000
14.1 dB
63
28.8 dB
200
34.7 dB
630
36.9 dB
2000
36.8 dB
6300
37.7 dB
20000
11.8 dB
5
4.Z4.'tC
L. ... .. 4'lallC
O.'t0.'tC
4.A11.11C
O.Al1.'tC
O.AAIIC
4.A9.'tC
OA'].IIC
4A7'!C
O.A'l.IIC
O.A:
Time, h.m.s.
831_Data.015 - LN10 - A
0 831 Data.015 - LN50 - A
35
1/3 Octave Band Frequency, Hz
L1.0: 55.7 dB(A) L50.0: 52.2 dB(A) L95.0: 51.3 dB(A) Leq: 52.7 dB(A)
L10.0: 54.1 dB(A) L90.0: 51.4 dB(A) LMin: 50.6 dB(A) LMax: 60.1 dB(A)
Figure B12
831 _Data.015
LN50 - A
Hz
dB
Hz
dB
Hz
dB
Hz
dB
Hz
dB
Hz
dB
25
6.9 dB
80
32.0 dB
250
34.3 dB
800
40.3 dB
2500
46.7 dB
8000
18.4 dB
31.5
12.2 dB
100
33.4 dB
315
33.0 dB
1000
41.0 dB
3150
33.8 dB
10000
25.1 dB
40
18.3 dB
125
34.6 dB
400
33.0 dB
1250
38.5 dB
4000
26.0 dB
12500
18.2 dB
50
23.4 dB
160
34.8 dB
500
34.5 dB
1600
36.0 dB
5000
45.4 dB
16000
14.1 dB
63
28.8 dB
200
34.7 dB
630
36.9 dB
2000
36.8 dB
6300
37.7 dB
20000
11.8 dB
Figure B12
9�esi engineering
o u s t iiii c ' r ("s t: IIIR(''m dI[ is
41nnr.21-)(!dh5 II vdinnr..mLa I tti.",)!'32,'sod,411Px4g7..r.uu�.iuuuaaa;luu°u�:i.ra�ril�i
Project No:
P2259
Analyzer:
Larson Davis 831 s/n 3553
Project:
City of Richfield - Band Shell
Preamplifier:
Larson Davis PRM831 s/n 029391
Location:
Richfield, MN
Microphone:
Larson Davis 3371320 s/n 137686
Engineer:
R.L. Skoug
Calibrator:
Bruel & Kjaer 4231 s/n 3009047
dB
Hz
Last Calibrated:
February 9, 2016
Location: Location 13 Meteorology:
Date: 9/8/2016
Start Time: 8:47:02 PM
End Time: 8:52:15 PM Calibration Check:
Run Time: 313.0 seconds
Measurements: File N. 16: Ambient Noise - 1 Distant Jet Pass,
1 Nearby Car Pass, Distant Car Traffic
Insects Chirping
831_Data.016 - LAeq
831_Data.016 - LAeq - Sliding L10 (4000)
831 Data.016 - LAeq - Sliding L50 (4000)
Temperature: 72°F
Wind Speed / Dir.: 0-5 MPH / NNE
Humidity: 51%
Calibration Frequency: 1 kHz
Initial Calibration: 93.9 dB
Final Calibration: 93.9 dB
Last Cal. Check: 9/9/16 @ 8:53 PM
113
831 _Data.016
LN50 - A
8:52:15
is -
J
Hz
dB
Hz
dB
Hz
dB
Hz
dB
Hz
dB
51.oasn
9
80
27.7 dB
250
30.7 dB
800
38.6 dB
2500
38.8 dB
8000
16.6 dB
51.54 Rn
6.5 dB
100
29.3 dB
315
28.9 dB
1000
39.8 dB
3150
30.6 dB
10000
47.OdBA
8
12.4 dB
125
29.8 dB
400
29.0 dB
1250
37.3 dB
4000
19.2 dB
12500
18.9 dB
50
18.1 dB
160
30.0 dB
500
31.2 dB
1600
34.5 dB
5000
27.4 dB
16000
14.4 dB
63
23.0 dB
200
30.5 dB
630
34.6 dB
2000
30.9 dB
6300
70--
20000
11.4 dB
6
50-
40-
4
Time, h.m.s.
831_Data.016 - LN10 - A
0 831 Data.016 - LN50 - A
02
1/3 Octave Band Frequency, Hz
L1.0: 58.2 dB(A) L50.0: 47.0 dB(A) L95.0: 45.6 dB(A) Leq: 49.3 dB(A)
L10.0: 51.5 dB(A) L90.0: 45.9 dB(A) LMin: 44.3 dB(A) LMax: 65.5 dB(A)
Figure B13
831 _Data.016
LN50 - A
Hz
dB
Hz
dB
Hz
dB
Hz
dB
Hz
dB
Hz
dB
25
1.5 dB
80
27.7 dB
250
30.7 dB
800
38.6 dB
2500
38.8 dB
8000
16.6 dB
31.5
6.5 dB
100
29.3 dB
315
28.9 dB
1000
39.8 dB
3150
30.6 dB
10000
19.1 dB
40
12.4 dB
125
29.8 dB
400
29.0 dB
1250
37.3 dB
4000
19.2 dB
12500
18.9 dB
50
18.1 dB
160
30.0 dB
500
31.2 dB
1600
34.5 dB
5000
27.4 dB
16000
14.4 dB
63
23.0 dB
200
30.5 dB
630
34.6 dB
2000
30.9 dB
6300
28.8 dB
20000
11.4 dB
Figure B13
Attachment C
Music Simulation Tests - Sound Measurement Data
Band Shell Sound Evaluation - October 5, 2016
esi engineering tic r("t: iiiR(''md[ts
41nne2M.icrlh5 IIv81nner. oLa I tti.',�U!a:.N'sod.1PxLEg7.r.uu�.illllliaaa;ullll°li�:i.ra�rlhi
Project No:
P2259
Analyzer:
Larson Davis 831 s/n 3553
Project:
City of Richfield - Band Shell
Preamplifier:
Larson Davis PRM831 s/n 029391
Location:
Richfield, MN
Microphone:
Larson Davis 3371320 s/n 137686
Engineer:
R.L. Skoug
Calibrator:
Bruel & Kjaer 4231 s/n 3009047
so
5
Humidity: 41 % to 47%
Last Calibrated:
February 9, 2016
Location:
Location 1
Meteorology:
Temperature: 71°F to 73°F
Date:
9/19/2016
Wind Speed / Dir.:
0 - 6 MPH / W
Start Time:
6:44:53 PM
Hz
dB
so
5
Humidity: 41 % to 47%
End Time:
6:52:20 PM
Hz
4
25
58.5 dB
80
78.5 dB
250
71.6 dB
Calibration
Check:
Calibration Frequency:
1 kHz
Run Time:
447.0 seconds
31.5
57.8 dB
100
Initial Calibration:
93.9 dB
66.5 dB
1000
77.2 dB
3150
70.0 dB
Final Calibration:
93.9 dB
Measurements:
File N. 2: Sound Levels
from 2 Songs,
77.8 dB
400
Last Cal. Check:
9/19/16 @ 9:11 PM
72.6 dB
Measured 50' from 2 Speakers
67.9 dB
12500
59.0 dB
50
72.8 dB
160
831_Data.002 - LAeq
500
73.8 dB
1600
70.0 dB
5000
66.1 dB
16000
53.5 dB
831_Data.002 - LAeq
- Running Leq
200
73.2 dB
630
72.5 dB
2000
10
6300
64.0 dB
20000
32.2 dB
mCL
6:52:2U
dB -
65.7dBA
N
N
Vww
i
m
a
m
m
J
d
7
N
N
N
CL
a
c
0
6.44.53
h.m.s. 6.46.53
6.48.53
6.50.53
6.52:53
Time, h.m.s.
0 831_Data.002 - Globals
1/3 Leq Spectrum - Linear
9D -
dB
N
d8D-
7D-
0]
a
6
6D-
m
J
� 5
y
h
Ll 4
a
c 3
c
0
2
31.5
Hz 63 125
250 500
1K
2K
4K 8K
16K (L) (A)
113 Octave Band
Frequency,
Hz
L1.0: 90.7 dB(A)
L50.0: 81.9 dB(A)
L95.0:
62.9 dB(A) Leq: 83.8 dB(A)
L10.0: 87.4 dB(A)
L90.0: 74.6 dB(A)
LMin: 48.8 dB(A) LMax:
92.7 dB(A)
y
831 _Data.002
Globals 1/3 Leq Spectrum
83.SdF6A
8
Hz
7D-
6
61V -
Hz
dB
Hz
dB
so
5
dB
Hz
dB
Hz
4
25
58.5 dB
80
78.5 dB
250
71.6 dB
800
76.7 dB
2500
D
D
D
D
831 _Data.002
Globals 1/3 Leq Spectrum
-Linear
Hz
1000 (L) (A)
77.2 89.1 83.8
Hz
dB
Hz
dB
Hz
dB
Hz
dB
Hz
dB
25
58.5 dB
80
78.5 dB
250
Figure C1
831 _Data.002
Globals 1/3 Leq Spectrum
-Linear
Hz
dB
Hz
dB
Hz
dB
Hz
dB
Hz
dB
Hz
dB
25
58.5 dB
80
78.5 dB
250
71.6 dB
800
76.7 dB
2500
71.4 dB
8000
64.1 dB
31.5
57.8 dB
100
80.1 dB
315
66.5 dB
1000
77.2 dB
3150
70.0 dB
10000
61.6 dB
40
60.1 dB
125
77.8 dB
400
65.5 dB
1250
72.6 dB
4000
67.9 dB
12500
59.0 dB
50
72.8 dB
160
78.2 dB
500
73.8 dB
1600
70.0 dB
5000
66.1 dB
16000
53.5 dB
63
83.4 dB
200
73.2 dB
630
72.5 dB
2000
73.2 dB
6300
64.0 dB
20000
32.2 dB
Figure C1
esi engineering tic r("t: iiiR(''md[ts
41lilie2M.nirlh5 IIvdli°rner. oLa I tti.',�U!a:.N'so�.1PxLEg7 r-r.uu�.illllliaaa;ullll°li�:i.ra�rlhi
Project No:
P2259
Analyzer:
Larson Davis 831 s/n 3553
Project:
City of Richfield - Band Shell
Preamplifier:
Larson Davis PRM831 s/n 029391
Location:
Richfield, MN
Microphone:
Larson Davis 3371320 s/n 137686
Engineer:
R.L. Skoug
Calibrator:
Bruel & Kjaer 4231 s/n 3009047
8:40:58 PM
Hz
Last Calibrated:
February 9, 2016
Location:
Location 1
Meteorology:
Temperature: 71°F to 73°F
Date:
9/19/2016
Wind Speed / Dir.: 0 - 6 MPH / W
Start Time:
6:55:59 PM
Hz
Humidity: 41 %
to 47%
End Time:
8:40:58 PM
Hz
dB
Hz
dB
25
58.0 dB
Calibration Check:
Calibration Frequency: 1 kHz
Run Time:
6299.8 seconds
800 69.1 dB
2500
Initial Calibration:
93.9 dB
64.1 dB
31.5
58.8 dB
100
Final Calibration: 93.9 dB
Measurements:
File 824 -Data: Sound Levels from 2 Songs and Ambient,
Last Cal. Check: 9/19/16 @ 9:11 PM
3150
70.0 dB
Measured 50' from 2 Speakers
63.2 dB
40
60.5 dB
125
824_Data T.H. (9/19/2016
6:55:59 PM) - Live (A Fast)
60.4 dB
1250 71.8 dB
4000
66.7 dB
12500
824_data T.H. (9/19/2016
6:55:59 PM) - Leq (A) - Running Leq
70.6 dB
160
74.3 dB
10
69.7 dB
1600 69.2 dB
5000
64.4 dB
16000
54.8 dB
63
80.9 dB
200
67.5 dB
630
69.8 dB
2000 72.0 dB
6300
63.2 dB
20000
35.4 dB
8:40:55
L dB -
""
54.6dBA
N y
X 1.5M RA
i
a $
-
m
m 7
J
7
� s
'7+N
a 5
c
0
4
6:55:59 h.m.s. 7:05:59 7:15:59
7:25:59
7:35:59 7:45:59 7:55:59 8:05:59
815:59 8:25:59 8:35:59 8:45:59
Time, h.m.s.
0 824 Data T.H. (9/19/2016 6:55:59 PM) - TH Spectrum - Linear
9D-
1000
0 8
N
d
M 7
a
'm
m s
J
N
h SU
L
a 40
0
30--
31.5
Hz 63
125
250 500 1K 2K
4K
8K 16K (L) (A)
113 Octave Band Frequency, Hz
L1.0: 89.8 dB(A)
L50.0: 78.0 dB(A) L95.0: 53.5 dB(A) Leq: 81.5 dB(A)
L10.0: 86.0 dB(A)
L90.0: 54.2 dB(A) LMin: 50.9 dB(A) LMax: 93.4 dB(A)
824 -Data
Figure C2
T.H. (9/19/2016 6:55:59 PM)
TH Spectrum -Linear
Hz
dB
Hz
dB
Hz
dB
Hz dB
Hz
dB
Hz
dB
25
58.0 dB
1000 (L) (A)
73.8 86.2 81.6
75.7 dB
250
65.7 dB
800 69.1 dB
2500
71.9 dB
8000
64.1 dB
31.5
58.8 dB
100
77.2 dB
315
60.2 dB
1000 73.8 dB
3150
70.0 dB
10000
63.2 dB
40
60.5 dB
125
73.5 dB
400
60.4 dB
1250 71.8 dB
Figure C2
T.H. (9/19/2016 6:55:59 PM)
TH Spectrum -Linear
Hz
dB
Hz
dB
Hz
dB
Hz dB
Hz
dB
Hz
dB
25
58.0 dB
80
75.7 dB
250
65.7 dB
800 69.1 dB
2500
71.9 dB
8000
64.1 dB
31.5
58.8 dB
100
77.2 dB
315
60.2 dB
1000 73.8 dB
3150
70.0 dB
10000
63.2 dB
40
60.5 dB
125
73.5 dB
400
60.4 dB
1250 71.8 dB
4000
66.7 dB
12500
60.4 dB
50
70.6 dB
160
74.3 dB
500
69.7 dB
1600 69.2 dB
5000
64.4 dB
16000
54.8 dB
63
80.9 dB
200
67.5 dB
630
69.8 dB
2000 72.0 dB
6300
63.2 dB
20000
35.4 dB
Figure C2
9�esi engineering
o u s t iiii c ' r ("s t: IIIR(''m dI[ is
41nne2M.n(rlh5 II vdinnr..mLa I tti.",)!'32,'sod,411Px4g7..r.uu�.iuuuaaa;uuu°u�:i.ra�ril�i
Project No:
P2259
Analyzer:
Larson Davis 831 s/n 3553
Project:
City of Richfield - Band Shell
Preamplifier:
Larson Davis PRM831 s/n 029391
Location:
Richfield, MN
Microphone:
Larson Davis 3371320 s/n 137686
Engineer:
R.L. Skoug
Calibrator:
Bruel & Kjaer 4231 s/n 3009047
dB
87.4IERA
Last Calibrated:
February 9, 2016
Location:
Location 1
Date:
9/19/2016
Start Time:
6:44:53 PM
End Time:
6:52:20 PM
Run Time:
447.0 seconds
Measurements: File N. 2: Sound Levels from 2 Songs,
Measured 50' from 2 Speakers
M
L
831_Data.002 - LAeq
831_Data.002 - LAeq - Sliding L10 (4000)
831 Data.002 - LAeq - Sliding L50 (4000)
Meteorology: Temperature: 71°F to 73°F
Wind Speed / Dir.: 0 - 6 MPH / W
Humidity: 41 % to 47%
Calibration Check: Calibration Frequency: 1 kHz
Initial Calibration: 93.9 dB
Final Calibration: 93.9 dB
Last Cal. Check: 9/19/16 @ 9:11 PM
0
113
6:52:20
is -
65.7dBA
9
Hz
dB
Hz
dB
87.4IERA
_....
Hz
dB
Hz
82.2dBA
8
12.5 dB
80
54.6 dB
250
61.0 dB
800
71.6 dB
2500
71.3 dB
7
59.5 dB
31.5
16.6 dB
100
6
315
57.4 dB
1000
71.4 dB
3150
70.1 dB
10000
55.2 dB
40
24.5 dB
125
60.4 dB
400
56.8 dB
50-
67.9 dB
4000
67.1 dB
12500
40-
4
50
39.6 dB
160
62.4 dB
500
64.5 dB
1600
68.2 dB
5000
Time, h.m.s.
_ 831_Data.002 - LN10 - A
0 831_Data.002 - LN50 - A
53
1/3 Octave Band Frequency, Hz
L1.0: 90.7 dB(A) L50.0: 81.9 dB(A) L95.0: 62.9 dB(A) Leq: 83.8 dB(A)
L10.0: 87.4 dB(A) L90.0: 74.6 dB(A) LMin: 48.8 dB(A) LMax: 92.7 dB(A)
Figure C3
831 _Data.002
LN50 - A
Hz
dB
Hz
dB
Hz
dB
Hz
dB
Hz
dB
Hz
dB
25
12.5 dB
80
54.6 dB
250
61.0 dB
800
71.6 dB
2500
71.3 dB
8000
59.5 dB
31.5
16.6 dB
100
57.8 dB
315
57.4 dB
1000
71.4 dB
3150
70.1 dB
10000
55.2 dB
40
24.5 dB
125
60.4 dB
400
56.8 dB
1250
67.9 dB
4000
67.1 dB
12500
49.0 dB
50
39.6 dB
160
62.4 dB
500
64.5 dB
1600
68.2 dB
5000
64.4 dB
16000
38.7 dB
63
54.6 dB
200
60.5 dB
630
67.2 dB
2000
72.1 dB
6300
59.6 dB
20000
15.8 dB
Figure C3
9�esi engineering
o u s t iiii c ' r ("s t: IIIR(''m dI[ is
41nnr.2J-)(!dh5 IIvdinner. oLa I tti.",)!'32,'sod,411Px4g7..r.uu�.iuuuaaa;uuu°u�:i.ra�ril�i
Project No:
P2259
Analyzer:
Larson Davis 831 s/n 3553
Project:
City of Richfield - Band Shell
Preamplifier:
Larson Davis PRM831 s/n 029391
Location:
Richfield, MN
Microphone:
Larson Davis 3371320 s/n 137686
Engineer:
R.L. Skoug
Calibrator:
Bruel & Kjaer 4231 s/n 3009047
301.0 seconds
Initial Calibration: 93.9 dB
Last Calibrated:
February 9, 2016
Location:
Location 2
Meteorology: Temperature: 71'F to 73'F
Date:
9/19/2016
Wind Speed / Dir.: 0 - 6 MPH / W
Start Time:
7:00:39 PM
Humidity: 41 % to 47%
End Time:
7:05:40 PM
7:05:40
Js -
Calibration Check: Calibration Frequency: 1 kHz
Run Time:
301.0 seconds
Initial Calibration: 93.9 dB
Final Calibration: 93.9 dB
Measurements: File N. 3: Sound Levels from 2 Songs and Ambient, Last Cal. Check. 9/19/16 @ 9.11 PM
Many Nearby Car Passes
831-Data.003 - LAeq
831-Data.003 - LAeq - Sliding L10 (4000)
831 Data.003 - LAeq - Sliding L50 (4000)
Time, h.m.s.
831-Data.003 - LN 10 - A
0 831 -
Data.003 - LN50 - A
M s
L d
0 7
N
6
a 5
m
aai 4
J
d
3
m 2
CL
a
1
B 1000 (L)*
0 65.5 72.1
57.9 65.0
I
0
31.5 Hz 63 125 250 500 1K 2K 4K
113 Octave Band Frequency, Hz
L1.0: 77.0 dB(A) L50.0: 65.0 dB(A) L95.0: 56.9 dB(A)
L10.0: 72.1 dB(A) L90.0: 58.2 dB(A) LMin: 54.0 dB(A)
8K
39
I _
16K (L)'
Leq: 68.1 dB(A)
LMax: 81.6 dB(A)
831 _Data.003
LN50 - A
Hz dB Hz dB Hz dB Hz dB Hz dB Hz dB
25 12.6 dB 80 39.3 dB 250 46.4 dB 800 55.8 dB 2500 49.9 dB 8000 31.2 dB
31.5 19.3 dB 100 43.1 dB 315 46.4 dB 1000 57.9 dB 3150 46.1 dB 10000 26.0 dB
40 25.6 dB 125 43.5 dB 400 47.6 dB 1250 57.8 dB 4000 42.3 dB 12500 20.8 dB
50 30.0 dB 160 45.5 dB 500 49.8 dB 1600 56.7 dB 5000 38.6 dB 16000 15.8 dB
63 35.6 dB 200 45.4 dB 630 51.8 dB 2000 53.6 dB 6300 35.2 dB 20000 11.9 dB
Figure C4
7:05:40
Js -
67.3dBA
9
72.4dRA
65. WBA
M--
-
70-
611
40
I.Illl-
L. ... .. x.119-
.IIA
.'t0 -7.Aa
7.Il-1.
Time, h.m.s.
831-Data.003 - LN 10 - A
0 831 -
Data.003 - LN50 - A
M s
L d
0 7
N
6
a 5
m
aai 4
J
d
3
m 2
CL
a
1
B 1000 (L)*
0 65.5 72.1
57.9 65.0
I
0
31.5 Hz 63 125 250 500 1K 2K 4K
113 Octave Band Frequency, Hz
L1.0: 77.0 dB(A) L50.0: 65.0 dB(A) L95.0: 56.9 dB(A)
L10.0: 72.1 dB(A) L90.0: 58.2 dB(A) LMin: 54.0 dB(A)
8K
39
I _
16K (L)'
Leq: 68.1 dB(A)
LMax: 81.6 dB(A)
831 _Data.003
LN50 - A
Hz dB Hz dB Hz dB Hz dB Hz dB Hz dB
25 12.6 dB 80 39.3 dB 250 46.4 dB 800 55.8 dB 2500 49.9 dB 8000 31.2 dB
31.5 19.3 dB 100 43.1 dB 315 46.4 dB 1000 57.9 dB 3150 46.1 dB 10000 26.0 dB
40 25.6 dB 125 43.5 dB 400 47.6 dB 1250 57.8 dB 4000 42.3 dB 12500 20.8 dB
50 30.0 dB 160 45.5 dB 500 49.8 dB 1600 56.7 dB 5000 38.6 dB 16000 15.8 dB
63 35.6 dB 200 45.4 dB 630 51.8 dB 2000 53.6 dB 6300 35.2 dB 20000 11.9 dB
Figure C4
31.5 Hz 63 125 250 500 1K 2K 4K
113 Octave Band Frequency, Hz
L1.0: 77.0 dB(A) L50.0: 65.0 dB(A) L95.0: 56.9 dB(A)
L10.0: 72.1 dB(A) L90.0: 58.2 dB(A) LMin: 54.0 dB(A)
8K
39
I _
16K (L)'
Leq: 68.1 dB(A)
LMax: 81.6 dB(A)
831 _Data.003
LN50 - A
Hz dB Hz dB Hz dB Hz dB Hz dB Hz dB
25 12.6 dB 80 39.3 dB 250 46.4 dB 800 55.8 dB 2500 49.9 dB 8000 31.2 dB
31.5 19.3 dB 100 43.1 dB 315 46.4 dB 1000 57.9 dB 3150 46.1 dB 10000 26.0 dB
40 25.6 dB 125 43.5 dB 400 47.6 dB 1250 57.8 dB 4000 42.3 dB 12500 20.8 dB
50 30.0 dB 160 45.5 dB 500 49.8 dB 1600 56.7 dB 5000 38.6 dB 16000 15.8 dB
63 35.6 dB 200 45.4 dB 630 51.8 dB 2000 53.6 dB 6300 35.2 dB 20000 11.9 dB
Figure C4
Figure C4
9�esi engineering
o u s t iiii c ' r ("s t: IIIR(''m dI[ is
41nne2M.n(rlh5 IIvdinner. oLa I tti.",)!'32,'sod,411Px4g7..r.uu�.iuuuaaa;uuu°u�:i.ra�ril�i
Project No:
P2259
Analyzer:
Larson Davis 831 s/n 3553
Project:
City of Richfield - Band Shell
Preamplifier:
Larson Davis PRM831 s/n 029391
Location:
Richfield, MN
Microphone:
Larson Davis 3371320 s/n 137686
Engineer:
R.L. Skoug
Calibrator:
Bruel & Kjaer 4231 s/n 3009047
301.0 seconds
Initial Calibration: 93.9 dB
Last Calibrated:
February 9, 2016
Location:
Location 3
Meteorology: Temperature: 71°F to 73°F
Date:
9/19/2016
Wind Speed / Dir.: 0 - 6 MPH / W
Start Time:
7:08:34 PM
Humidity: 41 % to 47%
End Time:
7:13:35 PM
7:13:35
is -
Calibration Check: Calibration Frequency: 1 kHz
Run Time:
301.0 seconds
Initial Calibration: 93.9 dB
Final Calibration: 93.9 dB
Measurements: File N. 4: Sound Levels from 2 Songs and Ambient, Last Cal. Check. 9/19/16 @ 9.11 PM
2 Nearby Car Passes
831-Data.004 - LAeq
831-Data.004 - LAeq - Sliding L10 (4000)
831 Data.004 - LAeq - Sliding L50 (4000)
0
7:13:35
is -
53.IdBA
9
55.9dRA
53.2MA
8
6
5
40-1
1.114-
1
I... .. --A
7.I10.'tA
-11-
7.411.'tA
7.44
7.44.'tA
-'].IIA
7.4
-A -'l.IIA
7.4.
Time, h.m.s.
831-Data.004 - LN 10 - A
0 831 -
Data.004 - LN50 - A
M s
L d
0 7
N
6
m
a 5
m
a� 4
J
d
c 3
m 2
CL
a
c 1
0
B 1000 (L)*
0 48.8 56.0
45.2 53.2
0
31.5 Hz 63 125 250 500 1K 2K 4K
113 Octave Band Frequency, Hz
L1.0: 65.6 dB(A) L50.0: 53.2 dB(A) L95.0: 51.1 dB(A)
L10.0: 56.0 dB(A) L90.0: 51.6 dB(A) LMin: 49.6 dB(A)
I I
8K 16K (L)'
Leq: 55.2 dB(A)
LMax: 69.8 dB(A)
34
831 _Data.004
LN50 - A
Hz dB Hz dB Hz dB Hz dB Hz dB Hz dB
25 8.0 dB 80 33.9 dB 250 37.2 dB 800 44.4 dB 2500 37.4 dB 8000 19.5 dB
31.5 13.5 dB 100 37.4 dB 315 34.5 dB 1000 45.2 dB 3150 36.0 dB 10000 15.8 dB
40 18.0 dB 125 40.3 dB 400 35.7 dB 1250 43.7 dB 4000 30.1 dB 12500 14.0 dB
50 23.4 dB 160 37.9 dB 500 38.7 dB 1600 42.2 dB 5000 27.6 dB 16000 12.4 dB
63 30.3 dB 200 36.5 dB 630 40.8 dB 2000 40.1 dB 6300 24.6 dB 20000 11.3 dB
Figure C5
31.5 Hz 63 125 250 500 1K 2K 4K
113 Octave Band Frequency, Hz
L1.0: 65.6 dB(A) L50.0: 53.2 dB(A) L95.0: 51.1 dB(A)
L10.0: 56.0 dB(A) L90.0: 51.6 dB(A) LMin: 49.6 dB(A)
I I
8K 16K (L)'
Leq: 55.2 dB(A)
LMax: 69.8 dB(A)
34
831 _Data.004
LN50 - A
Hz dB Hz dB Hz dB Hz dB Hz dB Hz dB
25 8.0 dB 80 33.9 dB 250 37.2 dB 800 44.4 dB 2500 37.4 dB 8000 19.5 dB
31.5 13.5 dB 100 37.4 dB 315 34.5 dB 1000 45.2 dB 3150 36.0 dB 10000 15.8 dB
40 18.0 dB 125 40.3 dB 400 35.7 dB 1250 43.7 dB 4000 30.1 dB 12500 14.0 dB
50 23.4 dB 160 37.9 dB 500 38.7 dB 1600 42.2 dB 5000 27.6 dB 16000 12.4 dB
63 30.3 dB 200 36.5 dB 630 40.8 dB 2000 40.1 dB 6300 24.6 dB 20000 11.3 dB
Figure C5
Figure C5
9�esi engineering
o u s t iiii c ' r ("s t: IIIR(''m dI[ is
41nnr.2J-)(!dh5 II vdinnr..mLa I tti.",)!'32,'sod,411Px4g7..r.uu�.iuuuaaa;uuu°u�:i.ra�ril�i
Project No:
P2259
Analyzer:
Larson Davis 831 s/n 3553
Project:
City of Richfield - Band Shell
Preamplifier:
Larson Davis PRM831 s/n 029391
Location:
Richfield, MN
Microphone:
Larson Davis 3371320 s/n 137686
Engineer:
R.L. Skoug
Calibrator:
Bruel & Kjaer 4231 s/n 3009047
dB
Hz
Last Calibrated:
February 9, 2016
Location: Location 4 Meteorology:
Date: 9/19/2016
Start Time: 7:16:35 PM
End Time: 7:21:37 PM Calibration Check:
Run Time: 302.0 seconds
Measurements: File N. 5: Sound Levels from 2 Songs and Ambient,
5 Nearby Car Passes
831_Data.005 - LAeq
831_Data.005 - LAeq - Sliding L10 (4000)
831 Data.005 - LAeq - Sliding L50 (4000)
Temperature: 71°F to 73°F
Wind Speed / Dir.: 0 - 6 MPH / W
Humidity: 41 % to 47%
Calibration Frequency: 1 kHz
Initial Calibration: 93.9 dB
Final Calibration: 93.9 dB
Last Cal. Check: 9/19/16 @ 9:11 PM
Time, h.m.s.
831_Data.005 - LN10 - A
0 831 Data.005 - LN50 - A
35
1/3 Octave Band Frequency, Hz
L1.0: 59.6 dB(A) L50.0: 51.5 dB(A) L95.0: 48.5 dB(A) Leq: 52.4 dB(A)
L10.0: 54.2 dB(A) L90.0: 49.0 dB(A) LMin: 47.0 dB(A) LMax: 63.7 dB(A)
831 _Data.005
LN50 - A
7:21:36
Js -
Hz
dB
Hz
dB
Hz
dB
Hz
dB
Hz
dB
5s.7asn
9
80
32.6 dB
250
34.0 dB
800
43.2 dB
2500
35.0 dB
8000
22.9 dB
54.2dRA
10.3 dB
100
36.6 dB
315
32.8 dB
1000
43.2 dB
3150
32.6 dB
10000
51.[ dBA
s
14.6 dB
125
36.1 dB
400
34.5 dB
1250
41.7 dB
4000
28.9 dB
12500
14.7 dB
50
22.3 dB
160
35.2 dB
500
37.5 dB
1600
39.7 dB
5000
27.1 dB
16000
12.9 dB
63
27.9 dB
200
33.3 dB
630
40.3 dB
2000
36.5 dB
6300
26.9 dB
20000
11.3 dB
6
50-
40-
7:16:35
h.m.s. 7:17:05
7:17:35
7:18:05
7:18:35
7:19:05
7:19:35
7:20:05
7:20:35
7:21:05
7:21
Time, h.m.s.
831_Data.005 - LN10 - A
0 831 Data.005 - LN50 - A
35
1/3 Octave Band Frequency, Hz
L1.0: 59.6 dB(A) L50.0: 51.5 dB(A) L95.0: 48.5 dB(A) Leq: 52.4 dB(A)
L10.0: 54.2 dB(A) L90.0: 49.0 dB(A) LMin: 47.0 dB(A) LMax: 63.7 dB(A)
Figure C6
831 _Data.005
LN50 - A
Hz
dB
Hz
dB
Hz
dB
Hz
dB
Hz
dB
Hz
dB
25
5.1 dB
80
32.6 dB
250
34.0 dB
800
43.2 dB
2500
35.0 dB
8000
22.9 dB
31.5
10.3 dB
100
36.6 dB
315
32.8 dB
1000
43.2 dB
3150
32.6 dB
10000
17.5 dB
40
14.6 dB
125
36.1 dB
400
34.5 dB
1250
41.7 dB
4000
28.9 dB
12500
14.7 dB
50
22.3 dB
160
35.2 dB
500
37.5 dB
1600
39.7 dB
5000
27.1 dB
16000
12.9 dB
63
27.9 dB
200
33.3 dB
630
40.3 dB
2000
36.5 dB
6300
26.9 dB
20000
11.3 dB
Figure C6
9�esi engineering
o u s t iiii c ' r ("s t: IIIR(''m dI[ is
41nnr.2J-)(!dh5 II vdinnr..mLa I tti.",)!'32,'sod,411Px4g7..r.uu�.iuuuaaa;uuu°u�:i.ra�ril�i
Project No:
P2259
Analyzer:
Larson Davis 831 s/n 3553
Project:
City of Richfield - Band Shell
Preamplifier:
Larson Davis PRM831 s/n 029391
Location:
Richfield, MN
Microphone:
Larson Davis 3371320 s/n 137686
Engineer:
R.L. Skoug
Calibrator:
Bruel & Kjaer 4231 s/n 3009047
dB
Hz
Last Calibrated:
February 9, 2016
Location: Location 5 Meteorology:
Date: 9/19/2016
Start Time: 7:23:54 PM
End Time: 7:28:56 PM Calibration Check:
Run Time: 302.0 seconds
Measurements: File N. 6: Sound Levels from 2 Songs and Ambient,
2 Nearby Car Passes
831_Data.006 - LAeq
831_Data.006 - LAeq - Sliding L10 (4000)
Temperature: 71°F to 73°F
Wind Speed / Dir.: 0 - 6 MPH / W
Humidity: 41 % to 47%
Calibration Frequency: 1 kHz
Initial Calibration: 93.9 dB
Final Calibration: 93.9 dB
Last Cal. Check: 9/19/16 @ 9:11 PM
Time, h.m.s.
831_Data.006 - LN10 - A
0 831 Data.006 - LN50 - A
1/3 Octave Band Frequency, Hz
L1.0: 62.8 dB(A) L50.0: 51.2 dB(A) L95.0: 49.5 dB(A) Leq: 53.0 dB(A)
L10.0: 53.7 dB(A) L90.0: 49.8 dB(A) LMin: 48.2 dB(A) LMax: 69.0 dB(A)
Figure C7
831 _Data.006
LN50 - A
Hz
dB
Hz
dB
Hz
dB
Hz
dB
Hz
dB
Hz
dB
25
5.8 dB
80
31.8 dB
250
34.7 dB
800
43.4 dB
2500
29.9 dB
8000
17.1 dB
31.5
10.5 dB
100
35.2 dB
315
34.8 dB
1000
43.5 dB
3150
26.4 dB
10000
14.5 dB
40
16.7 dB
125
35.4 dB
400
37.8 dB
1250
40.7 dB
4000
22.0 dB
12500
13.6 dB
50
21.9 dB
160
37.3 dB
500
38.5 dB
1600
38.9 dB
5000
20.4 dB
16000
12.4 dB
63
27.8 dB
200
34.7 dB
630
40.2 dB
2000
34.5 dB
6300
21.8 dB
20000
11.3 dB
Figure C7
9�esi engineering
o u s t iiii c ' r ("s t: IIIR(''m dI[ is
41nnr.21-)(!dh5 IIvdinner. oLa I tti.",)!'32,'sod,411Px4g7..r.uu�.iuuuaaa;uuu°u�:i.ra�ril�i
Project No:
P2259
Analyzer:
Larson Davis 831 s/n 3553
Project:
City of Richfield - Band Shell
Preamplifier:
Larson Davis PRM831 s/n 029391
Location:
Richfield, MN
Microphone:
Larson Davis 3371320 s/n 137686
Engineer:
R.L. Skoug
Calibrator:
Bruel & Kjaer 4231 s/n 3009047
dB
Hz
Last Calibrated:
February 9, 2016
Location: Location 6 Meteorology: Temperature: 71°F to 73°F
Date: 9/19/2016 Wind Speed / Dir.: 0 - 6 MPH / W
Start Time: 7:36:31 PM Humidity: 41 % to 47%
End Time: 7:41:32 PM Calibration Check: Calibration Frequency: 1 kHz
Run Time: 301.0 seconds Initial Calibration: 93.9 dB
Final Calibration: 93.9 dB
Measurements: File N. 7: Sound Levels from 2 Songs and Ambient, Last Cal. Check: 9/19/16 @ 9:11 PM
1 Nearby Car and 1 Distant Jet Passes
831_Data.007 - LAeq
831_Data.007 - LAeq - Sliding L10 (4000)
831 Data.007 - LAeq - Sliding L50 (4000)
Js -
831 _Data.007
LN50 - A
7:41:32
54.3dBA
9
Hz
dB
Hz
dB
Hz
dB
Hz
dB
Hz
dB
53 9dRA
6.3 dB
80
31.6 dB
250
34.2 dB
800
43.5 dB
2500
35.7 dB
8000
SL1MA
s
11.3 dB
100
33.5 dB
315
33.4 dB
1000
44.0 dB
3150
31.1 dB
10000
14.9 dB
40
16.3 dB
125
33.6 dB
400
35.5 dB
1250
41.3 dB
4000
26.5 dB
12500
13.6 dB
50
21.9 dB
160
35.3 dB
500
37.9 dB
1600
38.9 dB
5000
25.3 dB
16000
13.9 dB
63
30.6 dB
200
33.3 dB
630
40.5 dB
2000
37.3 dB
6
18.5 dB
20000
11.3 dB
5
7:36:31
h.m.s. 7:37:01
7:37:31
7:38:01
7:38:31
7:39:01
7:39:31
7:40:01
7:40:31
7:41:01
7:41
Time, h.m.s.
831_Data.007 - LN10 - A
0 831 Data.007 - LN50 - A
31
1/3 Octave Band Frequency, Hz
L1.0: 60.7 dB(A) L50.0: 51.0 dB(A) L95.0: 49.2 dB(A) Leq: 53.1 dB(A)
L10.0: 53.8 dB(A) L90.0: 49.6 dB(A) LMin: 47.9 dB(A) LMax: 71.5 dB(A)
Figure C8
831 _Data.007
LN50 - A
Hz
dB
Hz
dB
Hz
dB
Hz
dB
Hz
dB
Hz
dB
25
6.3 dB
80
31.6 dB
250
34.2 dB
800
43.5 dB
2500
35.7 dB
8000
16.2 dB
31.5
11.3 dB
100
33.5 dB
315
33.4 dB
1000
44.0 dB
3150
31.1 dB
10000
14.9 dB
40
16.3 dB
125
33.6 dB
400
35.5 dB
1250
41.3 dB
4000
26.5 dB
12500
13.6 dB
50
21.9 dB
160
35.3 dB
500
37.9 dB
1600
38.9 dB
5000
25.3 dB
16000
13.9 dB
63
30.6 dB
200
33.3 dB
630
40.5 dB
2000
37.3 dB
6300
18.5 dB
20000
11.3 dB
Figure C8
9�esi engineering
o u s t iiii c ' r ("s t: IIIR(''m dI[ is
41nnr.21-)(!dh5 II vdinnr..mLa I tti.",)!'32,'sod,411Px4g7..r.uu�.iuuuaaa;uuu°u�:i.ra�ril�i
Project No:
P2259
Analyzer:
Larson Davis 831 s/n 3553
Project:
City of Richfield - Band Shell
Preamplifier:
Larson Davis PRM831 s/n 029391
Location:
Richfield, MN
Microphone:
Larson Davis 3371320 s/n 137686
Engineer:
R.L. Skoug
Calibrator:
Bruel & Kjaer 4231 s/n 3009047
Last Calibrated:
February 9, 2016
Location:
Location 7 Meteorology:
Date:
9/19/2016
Start Time:
7:43:51 PM
End Time:
7:48:53 PM
Calibration Check:
Run Time:
302.0 seconds
Measurements:
File N. 8: Sound Levels from 2 Songs and Ambient,
Many Nearby Cars, 1 Distant Jet Pass
831-Data.008 - LAeq
831-Data.008 - LAeq - Sliding L10 (4000)
Temperature: 71'F to 73'F
Wind Speed / Dir.: 0 - 6 MPH / W
Humidity: 41 % to 47%
Calibration Frequency: 1 kHz
Initial Calibration: 93.9 dB
Final Calibration: 93.9 dB
Last Cal. Check: 9/19/16 @ 9:11 PM
Time, h.m.s.
831-Data.008 - LN 10 - A
0 831 -
Data.008 - LN50 - A
M s
L d
o
N
6
a 5
m
aai 4
J
d
3
ro 2
L
a
1
B 1000 (L)*
D 67.0 73.7
58.5 66.6
D -
0
31.5 Hz 63 125 250 500 1K 2K 4K
113 Octave Band Frequency, Hz
L1.0: 78.1 dB(A) L50.0: 66.6 dB(A) L95.0: 57.3 dB(A)
L10.0: 73.7 dB(A) L90.0: 60.1 dB(A) LMin: 54.3 dB(A)
8K
I _
16K (L)'
Leq: 69.8 dB(A)
LMax: 81.3 dB(A)
831 _Data.008
LN50 - A
Hz dB Hz dB Hz dB Hz dB Hz dB Hz dB
25 14.2 dB 80 39.6 dB 250 46.5 dB 800 56.3 dB 2500 54.9 dB 8000 32.1 dB
31.5 20.5 dB 100 43.0 dB 315 47.2 dB 1000 58.5 dB 3150 50.1 dB 10000 25.9 dB
40 25.2 dB 125 43.3 dB 400 48.8 dB 1250 58.4 dB 4000 46.4 dB 12500 19.7 dB
50 31.9 dB 160 45.2 dB 500 51.5 dB 1600 58.9 dB 5000 41.6 dB 16000 15.5 dB
63 38.2 dB 200 45.1 dB 630 53.5 dB 2000 58.0 dB 6300 36.9 dB 20000 11.8 dB
Figure C9
31.5 Hz 63 125 250 500 1K 2K 4K
113 Octave Band Frequency, Hz
L1.0: 78.1 dB(A) L50.0: 66.6 dB(A) L95.0: 57.3 dB(A)
L10.0: 73.7 dB(A) L90.0: 60.1 dB(A) LMin: 54.3 dB(A)
8K
I _
16K (L)'
Leq: 69.8 dB(A)
LMax: 81.3 dB(A)
831 _Data.008
LN50 - A
Hz dB Hz dB Hz dB Hz dB Hz dB Hz dB
25 14.2 dB 80 39.6 dB 250 46.5 dB 800 56.3 dB 2500 54.9 dB 8000 32.1 dB
31.5 20.5 dB 100 43.0 dB 315 47.2 dB 1000 58.5 dB 3150 50.1 dB 10000 25.9 dB
40 25.2 dB 125 43.3 dB 400 48.8 dB 1250 58.4 dB 4000 46.4 dB 12500 19.7 dB
50 31.9 dB 160 45.2 dB 500 51.5 dB 1600 58.9 dB 5000 41.6 dB 16000 15.5 dB
63 38.2 dB 200 45.1 dB 630 53.5 dB 2000 58.0 dB 6300 36.9 dB 20000 11.8 dB
Figure C9
Figure C9
9�esi engineering
o u s t iiii c ' r ("s t: IIIR(''m dI[ is
41nnr.21-)(!dh5 IIvdinner. oLa I tti.",)!'32,'sod,411Px4g7..r.uu�.iuuuaaa;uuu°u�:i.ra�ril�i
Project No:
P2259
Analyzer:
Larson Davis 831 s/n 3553
Project:
City of Richfield - Band Shell
Preamplifier:
Larson Davis PRM831 s/n 029391
Location:
Richfield, MN
Microphone:
Larson Davis 3371320 s/n 137686
Engineer:
R.L. Skoug
Calibrator:
Bruel & Kjaer 4231 s/n 3009047
dB
Hz
Last Calibrated:
February 9, 2016
Location: Location 8 Meteorology: Temperature: 71°F to 73°F
Date: 9/19/2016 Wind Speed / Dir.: 0 - 6 MPH / W
Start Time: 7:53:05 PM Humidity: 41 % to 47%
End Time: 7:58:07 PM Calibration Check: Calibration Frequency: 1 kHz
Run Time: 302.0 seconds Initial Calibration: 93.9 dB
Final Calibration: 93.9 dB
Measurements: File N. 9: Sound Levels from 2 Songs and Ambient, Last Cal. Check: 9/19/16 @ 9:11 PM
1 Nearby Car and 1 Distant Jet Passes
831_Data.009 - LAeq
831_Data.009 - LAeq - Sliding L10 (4000)
Time, h.m.s.
831_Data.009 - LN10 - A
0 831 Data.009 - LN50 - A
1/3 Octave Band Frequency, Hz
L1.0: 68.1 dB(A) L50.0: 53.8 dB(A) L95.0: 51.4 dB(A) Leq: 57.8 dB(A)
L10.0: 60.6 dB(A) L90.0: 51.8 dB(A) LMin: 50.2 dB(A) LMax: 73.4 dB(A)
Figure C10
831 _Data.009
LN50 - A
Hz
dB
Hz
dB
Hz
dB
Hz
dB
Hz
dB
Hz
dB
25
8.5 dB
80
33.2 dB
250
36.2 dB
800
46.8 dB
2500
37.3 dB
8000
16.0 dB
31.5
13.1 dB
100
35.6 dB
315
34.8 dB
1000
46.8 dB
3150
32.0 dB
10000
15.9 dB
40
19.8 dB
125
35.9 dB
400
35.9 dB
1250
44.1 dB
4000
26.1 dB
12500
13.6 dB
50
24.8 dB
160
36.5 dB
500
39.0 dB
1600
42.7 dB
5000
29.5 dB
16000
13.7 dB
63
31.9 dB
200
36.0 dB
630
42.6 dB
2000
39.7 dB
6300
18.4 dB
20000
11.3 dB
Figure C10
9�esi engineering
o u s t iiii c ' r ("s t: IIIR(''m dI[ is
41nnr.21-)(!dh5 IIvdinner. oLa I tti.",)!'32,'sod,411Px4g7..r.uu�.iuuuaaa;uuu°u�:i.ra�ril�i
Project No:
P2259
Analyzer:
Larson Davis 831 s/n 3553
Project:
City of Richfield - Band Shell
Preamplifier:
Larson Davis PRM831 s/n 029391
Location:
Richfield, MN
Microphone:
Larson Davis 3371320 s/n 137686
Engineer:
R.L. Skoug
Calibrator:
Bruel & Kjaer 4231 s/n 3009047
dB
Hz
Last Calibrated:
February 9, 2016
Location: Location 9 Meteorology: Temperature: 71°F to 73°F
Date: 9/19/2016 Wind Speed / Dir.: 0 - 6 MPH / W
Start Time: 8:00:17 PM Humidity: 41 % to 47%
End Time: 8:05:18 PM Calibration Check: Calibration Frequency: 1 kHz
Run Time: 301.0 seconds Initial Calibration: 93.9 dB
Final Calibration: 93.9 dB
Measurements: File N. 10: Sound Levels from 2 Songs and Ambient, Last Cal. Check: 9/19/16 @ 9:11 PM
2 Nearby Car and 2 Distant Jet Passes
831_Data.010 - LAeq
831_Data.010 - LAeq - Sliding L10 (4000)
831 -Data. 010 - LAeq - Sliding L50 (4000)
Time, h.m.s.
831_Data.010 - LN10 - A
0 831 Data.010 - LN50 - A
17
1/3 Octave Band Frequency, Hz
L1.0: 68.4 dB(A) L50.0: 53.0 dB(A) L95.0: 50.0 dB(A) Leq: 57.2 dB(A)
L10.0: 58.8 dB(A) L90.0: 50.6 dB(A) LMin: 48.9 dB(A) LMax: 73.9 dB(A)
831 _Data.010
LN50 - A
8:05:18
Js -
Hz
dB
Hz
dB
Hz
dB
Hz
dB
Hz
dB
53.6dBA
9
80
31.7 dB
250
34.7 dB
800
44.8 dB
2500
38.4 dB
8000
15.6 dB
58.4dERA
12.5 dB
100
34.2 dB
315
33.8 dB
1000
44.5 dB
3150
31.7 dB
10000
53.0dBA
8
18.7 dB
125
34.5 dB
400
36.5 dB
1250
42.7 dB
4000
23.9 dB
12500
13.9 dB
50
24.3 dB
160
34.9 dB
500
41.1 dB
1600
40.6 dB
5000
19.7 dB
16000
12.8 dB
63
30.3 dB
200
34.8 dB
630
43.0 dB
2000
39.4 dB
6300
7
20000
11.3 dB
6
5
411119�
L. ... .. 41111A�
0119
9� 414-
--47
-1-
411.47
-1-
-A-47
OIIA
A� Q.
Time, h.m.s.
831_Data.010 - LN10 - A
0 831 Data.010 - LN50 - A
17
1/3 Octave Band Frequency, Hz
L1.0: 68.4 dB(A) L50.0: 53.0 dB(A) L95.0: 50.0 dB(A) Leq: 57.2 dB(A)
L10.0: 58.8 dB(A) L90.0: 50.6 dB(A) LMin: 48.9 dB(A) LMax: 73.9 dB(A)
Figure C11
831 _Data.010
LN50 - A
Hz
dB
Hz
dB
Hz
dB
Hz
dB
Hz
dB
Hz
dB
25
7.2 dB
80
31.7 dB
250
34.7 dB
800
44.8 dB
2500
38.4 dB
8000
15.6 dB
31.5
12.5 dB
100
34.2 dB
315
33.8 dB
1000
44.5 dB
3150
31.7 dB
10000
14.7 dB
40
18.7 dB
125
34.5 dB
400
36.5 dB
1250
42.7 dB
4000
23.9 dB
12500
13.9 dB
50
24.3 dB
160
34.9 dB
500
41.1 dB
1600
40.6 dB
5000
19.7 dB
16000
12.8 dB
63
30.3 dB
200
34.8 dB
630
43.0 dB
2000
39.4 dB
6300
18.9 dB
20000
11.3 dB
Figure C11
9�esi engineering
o u s t iiii c ' r ("s t: IIIR(''m dI[ is
41nnr.21-)(!dh5 IIvdinner. oLa I tti.",)!'32,'sod,411Px4g7..r.uu�.iuuuaaa;uuu°u�:i.ra�ril�i
Project No:
P2259
Analyzer:
Larson Davis 831 s/n 3553
Project:
City of Richfield - Band Shell
Preamplifier:
Larson Davis PRM831 s/n 029391
Location:
Richfield, MN
Microphone:
Larson Davis 3371320 s/n 137686
Engineer:
R.L. Skoug
Calibrator:
Bruel & Kjaer 4231 s/n 3009047
304.0 seconds
Initial Calibration: 93.9 dB
Last Calibrated:
February 9, 2016
Location:
Location 10
Meteorology: Temperature: 71'F to 73'F
Date:
9/19/2016
Wind Speed / Dir.: 0 - 6 MPH / W
Start Time:
8:08:46 PM
Humidity: 41 % to 47%
End Time:
8:13:50 PM
8:13:47
Js -
Calibration Check: Calibration Frequency: 1 kHz
Run Time:
304.0 seconds
Initial Calibration: 93.9 dB
Final Calibration: 93.9 dB
Measurements: File N. 11: Sound Levels from 2 Songs and Ambient, Last Cal. Check. 9/19/16 @ 9.11 PM
Many Nearby Cars, 2 Distant Jet Passes
831-Data.011 - LAeq
831-Data.011 - LAeq - Sliding L10 (4000)
831 Data.011 - LAeq - Sliding L50 (4000)
Time, h.m.s.
831-Data.011 - LN 10 - A
0 831 -
Data.011 - LN50 - A
M s
L d
0 7
N
6
a 5
m
aai 4
J
d
3
m 2
CL
a
1
B 1000 (L)*
0 66.5 73.4
57.5 65.0
0
31.5 Hz 63 125 250 500 1K 2K 4K
113 Octave Band Frequency, Hz
L1.0: 78.0 dB(A) L50.0: 65.0 dB(A) L95.0: 57.1 dB(A)
L10.0: 73.4 dB(A) L90.0: 58.0 dB(A) LMin: 55.4 dB(A)
8K
46
I _
16K (L)'
Leq: 69.2 dB(A)
LMax: 83.2 dB(A)
831 _Data.011
LN50 - A
Hz dB Hz dB Hz dB Hz dB Hz dB Hz dB
25 12.6 dB 80 37.7 dB 250 45.2 dB 800 55.9 dB 2500 51.1 dB 8000 29.9 dB
31.5 18.9 dB 100 41.7 dB 315 45.8 dB 1000 57.5 dB 3150 46.7 dB 10000 24.5 dB
40 25.0 dB 125 43.8 dB 400 47.9 dB 1250 57.1 dB 4000 42.4 dB 12500 22.6 dB
50 30.0 dB 160 44.5 dB 500 50.3 dB 1600 56.9 dB 5000 39.1 dB 16000 16.8 dB
63 34.9 dB 200 44.4 dB 630 52.4 dB 2000 54.3 dB 6300 34.2 dB 20000 11.8 dB
Figure C12
8:13:47
Js -
56.9dBA
9
73.6dRA
65.4dBA
M--
70-
6
Sn
40
O.IlO.AG
L. ... .. 01109G
O.Il0.AG
0.4n.9G
-n-AG
0.99-
4.99.AG
09'].9G
097AG
0.9'l.9G
0.9:
Time, h.m.s.
831-Data.011 - LN 10 - A
0 831 -
Data.011 - LN50 - A
M s
L d
0 7
N
6
a 5
m
aai 4
J
d
3
m 2
CL
a
1
B 1000 (L)*
0 66.5 73.4
57.5 65.0
0
31.5 Hz 63 125 250 500 1K 2K 4K
113 Octave Band Frequency, Hz
L1.0: 78.0 dB(A) L50.0: 65.0 dB(A) L95.0: 57.1 dB(A)
L10.0: 73.4 dB(A) L90.0: 58.0 dB(A) LMin: 55.4 dB(A)
8K
46
I _
16K (L)'
Leq: 69.2 dB(A)
LMax: 83.2 dB(A)
831 _Data.011
LN50 - A
Hz dB Hz dB Hz dB Hz dB Hz dB Hz dB
25 12.6 dB 80 37.7 dB 250 45.2 dB 800 55.9 dB 2500 51.1 dB 8000 29.9 dB
31.5 18.9 dB 100 41.7 dB 315 45.8 dB 1000 57.5 dB 3150 46.7 dB 10000 24.5 dB
40 25.0 dB 125 43.8 dB 400 47.9 dB 1250 57.1 dB 4000 42.4 dB 12500 22.6 dB
50 30.0 dB 160 44.5 dB 500 50.3 dB 1600 56.9 dB 5000 39.1 dB 16000 16.8 dB
63 34.9 dB 200 44.4 dB 630 52.4 dB 2000 54.3 dB 6300 34.2 dB 20000 11.8 dB
Figure C12
31.5 Hz 63 125 250 500 1K 2K 4K
113 Octave Band Frequency, Hz
L1.0: 78.0 dB(A) L50.0: 65.0 dB(A) L95.0: 57.1 dB(A)
L10.0: 73.4 dB(A) L90.0: 58.0 dB(A) LMin: 55.4 dB(A)
8K
46
I _
16K (L)'
Leq: 69.2 dB(A)
LMax: 83.2 dB(A)
831 _Data.011
LN50 - A
Hz dB Hz dB Hz dB Hz dB Hz dB Hz dB
25 12.6 dB 80 37.7 dB 250 45.2 dB 800 55.9 dB 2500 51.1 dB 8000 29.9 dB
31.5 18.9 dB 100 41.7 dB 315 45.8 dB 1000 57.5 dB 3150 46.7 dB 10000 24.5 dB
40 25.0 dB 125 43.8 dB 400 47.9 dB 1250 57.1 dB 4000 42.4 dB 12500 22.6 dB
50 30.0 dB 160 44.5 dB 500 50.3 dB 1600 56.9 dB 5000 39.1 dB 16000 16.8 dB
63 34.9 dB 200 44.4 dB 630 52.4 dB 2000 54.3 dB 6300 34.2 dB 20000 11.8 dB
Figure C12
Figure C12
9�esi engineering
tiiii c r ("s t, IIIA � �� III[ is
41nne21.n(rlh5 II vdinnr..mLa I tti.",)!'32,'sod,411Px4g7..r.uu�.iuuuaaa;uuu°u�:i.ra�ril�i
Project No:
P2259
Analyzer:
Larson Davis 831 s/n 3553
Project:
City of Richfield - Band Shell
Preamplifier:
Larson Davis PRM831 s/n 029391
Location:
Richfield, MN
Microphone:
Larson Davis 3371320 s/n 137686
Engineer:
R.L. Skoug
Calibrator:
Bruel & Kjaer 4231 s/n 3009047
dB
Hz
Last Calibrated:
February 9, 2016
Location: Location 11 Meteorology:
Date: 9/19/2016
Start Time: 8:16:57 PM
End Time: 8:21:39 PM Calibration Check:
Run Time: 282.0 seconds
Measurements: File N. 12: Sound Levels from 2 Songs and Ambient,
1 Distant Jet Pass
831_Data.012 - LAeq
831_Data.012 - LAeq - Sliding L10 (4000)
831 -Data. 012 - LAeq - Sliding L50 (4000)
Temperature: 71°F to 73°F
Wind Speed / Dir.: 0 - 6 MPH / W
Humidity: 41 % to 47%
Calibration Frequency: 1 kHz
Initial Calibration: 93.9 dB
Final Calibration: 93.9 dB
Last Cal. Check: 9/19/16 @ 9:11 PM
Time, h.m.s.
831_Data.012 - LN10 - A
0 831 Data.012 - LN50 - A
57
1/3 Octave Band Frequency, Hz
L1.0: 61.6 dB(A) L50.0: 56.0 dB(A) L95.0: 54.1 dB(A) Leq: 56.8 dB(A)
L10.0: 58.6 dB(A) L90.0: 54.5 dB(A) LMin: 52.8 dB(A) LMax: 65.6 dB(A)
831 _Data.012
LN50 - A
8:21:39
Js -
Hz
dB
Hz
dB
Hz
dB
Hz
dB
Hz
dB
56.3dBA
9
80
36.1 dB
250
36.8 dB
800
47.7 dB
2500
40.1 dB
8000
18.0 dB
58.4dRA
15.4 dB
100
40.3 dB
315
38.0 dB
1000
48.7 dB
3150
33.2 dB
10000
56.0dBA
8
21.6 dB
125
39.1 dB
400
41.9 dB
1250
46.4 dB
4000
28.9 dB
12500
14.5 dB
50
27.0 dB
160
39.3 dB
500
44.0 dB
1600
45.1 dB
5000
28.7 dB
16000
12.7 dB
63
35.9 dB
200
36.4 dB
630
44.6 dB
2000
42.2 dB
6300
21.9 dB
20000
70--
50-
548:16:57
40-
8:16:57
h.m.s. 8:17:27
8:17:57
8:18:27
8:18:57
8:19:27
8:19:57
8:20:27
8:20:57
8:21:27
8:21
Time, h.m.s.
831_Data.012 - LN10 - A
0 831 Data.012 - LN50 - A
57
1/3 Octave Band Frequency, Hz
L1.0: 61.6 dB(A) L50.0: 56.0 dB(A) L95.0: 54.1 dB(A) Leq: 56.8 dB(A)
L10.0: 58.6 dB(A) L90.0: 54.5 dB(A) LMin: 52.8 dB(A) LMax: 65.6 dB(A)
Figure C13
831 _Data.012
LN50 - A
Hz
dB
Hz
dB
Hz
dB
Hz
dB
Hz
dB
Hz
dB
25
11.0 dB
80
36.1 dB
250
36.8 dB
800
47.7 dB
2500
40.1 dB
8000
18.0 dB
31.5
15.4 dB
100
40.3 dB
315
38.0 dB
1000
48.7 dB
3150
33.2 dB
10000
16.0 dB
40
21.6 dB
125
39.1 dB
400
41.9 dB
1250
46.4 dB
4000
28.9 dB
12500
14.5 dB
50
27.0 dB
160
39.3 dB
500
44.0 dB
1600
45.1 dB
5000
28.7 dB
16000
12.7 dB
63
35.9 dB
200
36.4 dB
630
44.6 dB
2000
42.2 dB
6300
21.9 dB
20000
11.2 dB
Figure C13
9�esi engineering
o u s t iiii c ' r ("s t: IIIR(''m dI[ is
41nnr.21-)(!dh5 IIvdinner. oLa I tti.",)!'32,'sod,411Px4g7..r.uu�.iuuuaaa;luu°u�:i.ra�ril�i
Project No:
P2259
Analyzer:
Larson Davis 831 s/n 3553
Project:
City of Richfield - Band Shell
Preamplifier:
Larson Davis PRM831 s/n 029391
Location:
Richfield, MN
Microphone:
Larson Davis 3371320 s/n 137686
Engineer:
R.L. Skoug
Calibrator:
Bruel & Kjaer 4231 s/n 3009047
dB
Hz
Last Calibrated:
February 9, 2016
Location: Location 12 Meteorology: Temperature: 71°F to 73°F
Date: 9/19/2016 Wind Speed / Dir.: 0 - 6 MPH / W
Start Time: 8:23:42 PM Humidity: 41 % to 47%
End Time: 8:28:44 PM Calibration Check: Calibration Frequency: 1 kHz
Run Time: 302.0 seconds Initial Calibration: 93.9 dB
Final Calibration: 93.9 dB
Measurements: File N. 13: Sound Levels from 2 Songs and Ambient, Last Cal. Check: 9/19/16 @ 9:11 PM
3 Nearby Car and 5 Distant Jet Passes
831_Data.013 - LAeq
831_Data.013 - LAeq - Sliding L10 (4000)
831 -Data. 013 - LAeq - Sliding L50 (4000)
Time, h.m.s.
831_Data.013 - LN10 - A
0 831 Data.013 - LN50 - A
42
1/3 Octave Band Frequency, Hz
L1.0: 67.8 dB(A) L50.0: 55.0 dB(A) L95.0: 52.0 dB(A) Leq: 58.3 dB(A)
L10.0: 61.5 dB(A) L90.0: 52.7 dB(A) LMin: 50.3 dB(A) LMax: 73.2 dB(A)
831 _Data.013
LN50 - A
8:28:43
Js -
dB
Hz
dB
Hz
dB
Hz
dB
Hz
dB
Sz.l asn
9
25
10.1 dB
80
38.3 dB
250
39.5 dB
800
45.6 dB
2500
61.66 RA
8000
16.8 dB
31.5
16.3 dB
100
40.5 dB
315
39.2 dB
1000
55.OdBA
8
27.0 dB
10000
22.3 dB
40
23.0 dB
125
41.3 dB
400
40.0 dB
1250
43.7 dB
4000
32.7 dB
12500
13.9 dB
50
28.6 dB
160
41.7 dB
500
41.7 dB
1600
40.3 dB
5000
42.7 dB
16000
13.3 dB
63
35.3 dB
7
40.2 dB
630
43.2 dB
2000
37.6 dB
6300
21.8 dB
20000
11.4 dB
6
5
--1
L. - - -
I 0.7A.A'I
0.'IG.97
0.7G.A'I
.-Al
-7-A7
Time, h.m.s.
831_Data.013 - LN10 - A
0 831 Data.013 - LN50 - A
42
1/3 Octave Band Frequency, Hz
L1.0: 67.8 dB(A) L50.0: 55.0 dB(A) L95.0: 52.0 dB(A) Leq: 58.3 dB(A)
L10.0: 61.5 dB(A) L90.0: 52.7 dB(A) LMin: 50.3 dB(A) LMax: 73.2 dB(A)
Figure C14
831 _Data.013
LN50 - A
Hz
dB
Hz
dB
Hz
dB
Hz
dB
Hz
dB
Hz
dB
25
10.1 dB
80
38.3 dB
250
39.5 dB
800
45.6 dB
2500
43.6 dB
8000
16.8 dB
31.5
16.3 dB
100
40.5 dB
315
39.2 dB
1000
46.4 dB
3150
27.0 dB
10000
22.3 dB
40
23.0 dB
125
41.3 dB
400
40.0 dB
1250
43.7 dB
4000
32.7 dB
12500
13.9 dB
50
28.6 dB
160
41.7 dB
500
41.7 dB
1600
40.3 dB
5000
42.7 dB
16000
13.3 dB
63
35.3 dB
200
40.2 dB
630
43.2 dB
2000
37.6 dB
6300
21.8 dB
20000
11.4 dB
Figure C14
9�esi engineering
o u s t iiii c ' r ("s t: IIIR(''m dI[ is
41nnr.21-)(!dh5 IIvdinner. oLa I tti.",)!'32,'sod,411Px4g7..r.uu�.iuuuaaa;uuu°u�:i.ra�ril�i
Project No:
P2259
Analyzer:
Larson Davis 831 s/n 3553
Project:
City of Richfield - Band Shell
Preamplifier:
Larson Davis PRM831 s/n 029391
Location:
Richfield, MN
Microphone:
Larson Davis 3371320 s/n 137686
Engineer:
R.L. Skoug
Calibrator:
Bruel & Kjaer 4231 s/n 3009047
dB
Hz
Last Calibrated:
February 9, 2016
Location: Location 13 Meteorology: Temperature: 71°F to 73°F
Date: 9/19/2016 Wind Speed / Dir.: 0 - 6 MPH / W
Start Time: 8:31:28 PM Humidity: 41 % to 47%
End Time: 8:36:30 PM Calibration Check: Calibration Frequency: 1 kHz
Run Time: 302.0 seconds Initial Calibration: 93.9 dB
Final Calibration: 93.9 dB
Measurements: File N. 14: Sound Levels from 2 Songs and Ambient, Last Cal. Check: 9/19/16 @ 9:11 PM
2 Nearby Car and 3 Distant Jet Passes
831_Data.014 - LAeq
831_Data.014 - LAeq - Sliding L10 (4000)
831 Data.014 - LAeq - Sliding L50 (4000)
Time, h.m.s.
831_Data.014 - LN10 - A
0 831 Data.014 - LN50 - A
28
1/3 Octave Band Frequency, Hz
L1.0: 64.2 dB(A) L50.0: 52.9 dB(A) L95.0: 51.5 dB(A) Leq: 56.0 dB(A)
L10.0: 57.1 dB(A) L90.0: 51.8 dB(A) LMin: 50.3 dB(A) LMax: 74.4 dB(A)
831 _Data.014
LN50 - A
8:36:29
Js -
Hz
dB
Hz
dB
Hz
dB
Hz
dB
Hz
dB
53.4dBA
9
80
33.0 dB
250
36.4 dB
800
45.8 dB
2500
33.2 dB
8000
15.0 dB
56.9dRA
14.3 dB
100
35.3 dB
315
35.8 dB
1000
46.2 dB
3150
22.8 dB
10000
53.OdBA
8
20.2 dB
125
36.0 dB
400
37.6 dB
1250
44.2 dB
4000
18.4 dB
12500
13.6 dB
50
24.8 dB
160
36.9 dB
500
39.8 dB
1600
41.0 dB
5000
23.8 dB
16000
13.4 dB
63
30.6 dB
200
37.1 dB
630
42.4 dB
2000
36.1 dB
6300
7
20000
11.2 dB
6
5
4't9
74 L. ... .. 4'l9C4
O't']70
4'l7C4
O't'l70
O't'tC0
4't
A'14 O't
AC4 4'!C']4
O't
CCO Q.
Time, h.m.s.
831_Data.014 - LN10 - A
0 831 Data.014 - LN50 - A
28
1/3 Octave Band Frequency, Hz
L1.0: 64.2 dB(A) L50.0: 52.9 dB(A) L95.0: 51.5 dB(A) Leq: 56.0 dB(A)
L10.0: 57.1 dB(A) L90.0: 51.8 dB(A) LMin: 50.3 dB(A) LMax: 74.4 dB(A)
Figure C15
831 _Data.014
LN50 - A
Hz
dB
Hz
dB
Hz
dB
Hz
dB
Hz
dB
Hz
dB
25
9.0 dB
80
33.0 dB
250
36.4 dB
800
45.8 dB
2500
33.2 dB
8000
15.0 dB
31.5
14.3 dB
100
35.3 dB
315
35.8 dB
1000
46.2 dB
3150
22.8 dB
10000
14.4 dB
40
20.2 dB
125
36.0 dB
400
37.6 dB
1250
44.2 dB
4000
18.4 dB
12500
13.6 dB
50
24.8 dB
160
36.9 dB
500
39.8 dB
1600
41.0 dB
5000
23.8 dB
16000
13.4 dB
63
30.6 dB
200
37.1 dB
630
42.4 dB
2000
36.1 dB
6300
17.0 dB
20000
11.2 dB
Figure C15
AGENDA SECTION: OTHER BUSINESS
AGENDA ITEM # 13.
STAFF REPORT NO. 177
CITY COUNCIL MEETING
10/11/2016
REPORT PREPARED BY: Jim Topitzhofer, Recreation Services Director
DEPARTMENT DIRECTOR REVIEW: Jim Topitzhofer, Recreation Services Director
10/4/2016
OTHER DEPARTMENT REVIEW: N/A
CITY MANAGER REVIEW: STEVEN L. DEVICH
10/5/2016
ITEM FOR COUNCIL CONSIDERATION:
Consideration of an agreement with EDS Builders, Inc. to perform construction management services
for a community band shell.
EXECUTIVE SUMMARY:
On July 12, 2016, the Richfield City Council approved a resolution granting approval of a site plan to allow a
community band shell at Veterans Memorial Park. The new site selection offered better soils and a chance to
lower costs for the project. Revised cost estimates have been completed and additional funds have been
secured by the Friends of the Band Shell to build a band shell with available funds. The project is now ready
to begin preparing for a second bid.
One of the cost saving measures proposed is to utilize a construction manager to help the City manage a
small number of construction contracts instead of a general contractor. Staff recommends EDS Builders, Inc.
to act as the construction manager and to assist with the preparation of plans and specifications and the
preparation of multiple bid contracts. If bids fall within available funding and the Council approves the project,
the construction manager will also supervise construction and assist the City with the overall project. This is a
similar arrangement used in constructing the Richfield Municipal Center.
EDS Builders' fee to provide the above construction management services are not to exceed $30,000. EDS
Builders has extensive experience in providing construction management services both in the private and
public sectors. Most notably, EDS Builders was recently hired to manage the reconstruction of
the Springbrook Nature Center and the City of Fridley highly recommends them. In addition, EDS Builders
was recently awarded a Construction Management Project Achievement Award for the City of Columbia
Heights' Public Safety Center.
The Friends of the Band Shell continues to solicit donations for the project and now has secured $130,000
additional project funds. These funds, along with funds previously appropriated by the City and donations
previously received through the initial fundraising drive, now total $522,000. A complete construction estimate
is attached.
RECOMMENDED ACTION:
By Motion: Approve the agreement with EDS Builders, Inc. to perform construction management
services for a community band shell in an amount not to exceed $30,000.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
• City Council discussed the formation of a new group of volunteers to raise funds and finalize plans
for a community band shell at a study session on January 28, 2014. During the discussion,
Council selected Veterans Memorial Park as the future site of the community band shell and later
passed a resolution declaring Veterans Park as the future site of the Band Shell on February 11,
2014.
• A Band Shell Task Force was assembled and began meeting in February, 2014. The Task -force
began fundraising efforts right away and secured about $75,000 of pledges.
• On June 23, 2015, City Council passed a resolution granting approval of a site plan to allow the
construction of a community band shell in Veterans Memorial Park. The Council specified that no
additional funding from the City would be provided to the project. At the same meeting, the Council
approved a contract with David Linner Architects to prepare plans, specifications and bidding
documents.
• City Council approved a motion on September 8, 2015 to reject all bids for the construction of a
band shell. All four bids received exceeded the project budget.
• On July 12, 2016, City Council passed a resolution granting approval of a revised site plan to allow
the construction of a community band shell in Veterans Memorial Park.
B. POLICIES (resolutions, ordinances, regulations, statutes, etch
• Under the City's Purchasing and Spending Authority Policy, all contracts from $25,000 to
$100,000 must be approved by the City Council.
C. CRITICAL TIMING ISSUES:
• There are no urgent timing issues with this item other than allowing sufficient time to prepare
plans, specifications and bidding documents to schedule bidding in January, 2017, to take
advantage of favorable construction pricing.
D. FINANCIAL IMPACT:
PROJECT BUDGET:
Sources
Approved City Appropriations $325,000
Donations Collected by City $67,000
Friends of the Band Shell $130,000
Total Sources $522,000
Uses
Expenses Paid to Date
$75,000
Construction Estimate (see attached)
$387,000
Construction Manager Fee
$30,000
Architect Fee for Re -design
$20,000
Sound Test
$10,000
Total Uses $522,000
E. LEGAL CONSIDERATION:
• Mary Tietjen, City Attorney, has reviewed and prepared revisions to the contract.
ALTERNATIVE RECOMMENDATION(Sl:
Alternative recommendations include rejecting or renegotiating the agreement. Either recommendations would
delay or discontinue the project.
PRINCIPAL PARTIES EXPECTED AT MEETING:
Earl "Doc" Smith, EDS Builders, Inc.
ATTACHMENTS:
Description
CoinstiaXfloin IMainageirAgireeirneint
1::.:aind Shelll Cost 1::.::.:.stiirnate
Type
Coveir IMeirmno
(..,oveir IMeirmno
This Agreement is entered into on this lith day of October, 2016, between the City of Richfield,
Minnesota ("Owner") and EDS Builders, Inc. ("IEDS").
For consideration hereafter stated to be paid by Owner, EDS covenants and agrees with the
Owner to perform Construction Management Services for the construction, of a band shell (the
"Project") to be located at Veteran's Park, 66`h Street and Portland Avenue South in Richfield,
Minnesota, in accordance with the following terms and conditions:
L, TermiTermination.
The effective date of this Agreement shall be October 11, 2016. The Agreement shall expire on
December 31, 2017. Owner may, without cause, order EDS in writing to suspend, delay, or interrupt all
or any part of the Services or may terminate this Agreement for any reason upon not less than seven
days' written notice to EDS. In the event of such action by Owner, Owner shall compensate EDS for all
services actually provided and for any expenses incurred by EDS through the date of termination, unless
Owner's action is due to EDS's failure to perform, as follows:
If the Owner terminates, the Services during the Front end, which includes work through the bidding
process, Owner shall compensate EDS in an amount not to exceed $15,,000.010. If the Owner terminates
the Services during the Construction phase (after bidding is completed), then Owner shall compensate
EDS (after payment for Front end work) for actual services provided based on the billing/hourly rates
identified in paragraph two below. Under either scenario, EDS must submit to Owner written
documentation of services provided through the termination of Services.
2. Scope of ServicesIlPrice.
EDS shall provide Construction Management Services to Owner as follows: submission of two budget
estimates, assist Owner and Owner's agents and consultants in completing plans and specifications for
the Project; review drawings and specifications; recommend/assist with creating bid categories and
contraction contracts for competitive bidding, review bids, coordinating construction schedule;
preparing front-end contract specifications, conduct part-time weekly site, inspections to coordlinate
contractors and inspect their work; review shop drawings and change orders; pay applications; attend
bi-weekly (or as needed) construction meetings; prepare, updated progress, schedules and submit
periodic written biweekly progress reports to Owner.
Owner shall pay EDS an amount not to exceed $30,000.0:0 for the Construction Management Services
described above. Owner shall pay EDS within 30 days after receipt of an invoice. Cost estimates are as
follows:
Front end through bidding $,15,0001.00
Construction Inspections $15,000.00
$30,000.00
487248v2 MDT RC160-7
Billing rates are as follows:
Senior Construction Manager $12QINper hour
Assistant Construction Manager $1Q0/00per hour
Office $60.00 per hour
3. Insurance.
For the duration of this Agreement, EDS shall maintain the following minimum insurance coverages:
General Liability. EDS agrees tomaintain Commercial General Liability insurance ina minimum amount
of $1,00O,OU0per occurrence; $2,ODO,000annua|aggregate. The Owner shall beendorsed aoadditional
insured.
Workers' Compensation. EDS agrees to provide Workers' Compensation insurance for all of its
employees in accordance with the statutory requirements of the State of Minnesota.
EDS shall, prior to commencing services under this Agreement, deliver to Owner a Certificate of
insurance as evidence that the above coverages are in full force and effect. EDS's policies shall be
primary insurance to any other valid and collectible insurance available to the Owner with respecttoany
claim arising out ofEDS'sperformance under this Agreement.
ED6spolicies and Certificate of insurance shall contain a provision that coverage afforded under the
policies shall not be cancelled without at least thirty (30) days' advanced written notice to Owner.
4.
To the fullest extent permitted by law, EDS shall defend, indemnify and hold harmless the Owner, its
employees, officials and agents from all claims, actions, damages, losses and expenses, including
reasonable attorneys' fees, arising from the performance ofVrfailure tpperform the Services under this
Agreement. ED5'sindemnification obligation shall apply tuEDS'semployees, subcontractors, oranyone
directly or indirectly employed or hired by EDS, or anyone for whose acts EDS may be liable. EDS agrees
this indemnity obligation shall survive the completion or termination of this Agreement.
5. Dispute Resolution.
EDS and' Owner agree to act in good faith to undertake resolution of disputes. If disputes cannot be
resolved infmnna|k/ by the parties, then the parties shall attempt to mediate the dispute. if the parties
cannot agree onamediator, they shall obtain alist ofcourt-approved mediators from Hennepin County
District Court and select a mediator by alternately striking names. If the dispute is not resolved within
thirty (30) days after the end of mediation, the parties may pursue any legal remedy.
6 Entire Agreement.
2
This Agreement supersedes any prior or contemporaneous representations or agreements, whether
written or oral, between the Parties and contains, the entire agreement.
7. Assignment.
EDS may not assign this Agreement to any other person uin:less written consent is obtained" from the
Owner.
8. Amendments.
Any modification or amendment to this Agreement shall require a written, agreement signed by both
Parties,.
9. Nondiscrimination,.
In the hiring of employees to perform work under this Agreement, EDS shall) not discriminate against any
person by reason of any characteristic or classification protected by state or federal law,
10. Governing Law.
This Agreement shall be governed by and interpreted in accordance with the, laws of the State of
Minnesota. All proceedings related to this Agreement shall be venlued in Hennepin County, Minnesota.
11. 0 nershi,p ofDocuments.
All reports, plans, specifications, data, maps, and other documents produced by EDS in the performance
of services under this Agreement shalll be the property of the Owner.
12. Government Data/Privacy.
EDS agrees to abide by the applicable provisions of the Minnesota Government Data Practice Act,
Minnesota Statutes, Chapter 13, and all other applicable state or federal rules, regulations or orders
pertaming to privacy or confidentiality. EDS understands that all of the data created, collected, received,
stored, used, maintained or disseminatedi by EDS in performing those functions that Owner would
perform is subject to the requirements of Chapter 13, and EDS must comply with those requirements as
if it were a government entity. This does not create a duty on the part of EDS to provide, the public with
access to public data if the public data is available from Owner.
13. Waiver.
The waiver by either party of any breach or failure to comply with any provision of this, Agreement by
the other Party shatl not be construed as, or constitute a continuing waiver of such provision or a waiver
of any other breach of or failure to comply with any other provision of this Agreement.
3
487248v2 MDT RCM0-7
14. Notices.
All notices and other communications pursuant to this Agreement must be in writing and must begiven
by registered or certified mail, postage prepaid, or delivered by hand at the addresses set forth below:
Notice to City: Jim Topitzhofer
Recreation Services Director
City nfRichfield
67O8Portland Avenue
Richfield, IVIN55423
Notice to EDS : EDS Builders, Inc,
Earl Doc Smith
404A Saint Croix Trail North
Lakeland, MN 55043
15. Force Majeure.
Except for payment wfsums due, neither Party shall be liable tothe other ordeemed in default under
this Agreement, if and to the extent that Party's performance is prevented by reason of force rocjeume.
"Force majeure" includes war, an act of terrorism, fire, earthquake, flood and other circumstances which
are beyond the control and without the fault or negligence of the Party affected and which by the
exercise of reasonable diligence, the Party affected was unable to prevent.
16. Savings Clause,.
If any court finds any portion of this Agreement to be contrary to law, invalid, or unenforceable, the
remainder of the Agreement will remain in full force and effect.
17.
This Agreement may be signed in counterparts, each of which shall be deemed an original, and which
taken together shall be deemed to be one and the same document.
4
4v724pv2MDT mo/an
Its
Its
EDS BUILDERS, INC.
4872483MDTRCl @-7
NAME OF PROJECT: CITY OF RICHFIELD BAND SHELL
ESTIMATE SHEET
E D S Builders
CODE QTY. UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL
COST LABOR COST MATERIAL COST SUBS
& MATERIAL
DATE: 04-0ct-16
BY: EDS Builde
TOTAL COST
SF/BLDG
I I
------------- I - ------------
ADMINISTRATION - BY BID CATEGORY
D
0
0
D
D."0
Office Reimbursables
3
MO
500.00
1500
0
0
1,500 L
0.000
0
---
0
---
0
D
0.000
CLEAN-UP/GENERAL LABOR - BY BID CATEGORY
---
D
---
0
---
0
D
0.000
Continuous Clean/General Labor
53
HRS
75.00
3975
---
0
---
D
3,975
0.000
Final Clean
1
LS
1000.00
1000
---
0
---
0
1,000
0.000
Dumpsters
6
EA
400.00
2400
---
0
---
0
2,400
0.000
--
D
---
0
---
0
D
0.000
TEMPORARY FACILITIES - BY BID CATEGORY
---
D
---
0
---
0
D L
0.000
Temporary Office Trailer
0
---
0
---
0
0 L
0.000
Temporary Toilets
0
---
0
---
0
0
0.000
Temporary Electric
3 1
MO
1000.00
3000
---
0
---
0
3,000
0.000
Temporary Construction Fence/Gates
400
LF
6.50
2600
---
0
---
0
2,600
0.000
Temporary Heat
1
LS
0.00
0
---
0
---
0
O.L
0.000
Temporary Barricades & Protection
1
LS
1000.00
1000
---
0
---
0
1,000
0.000
Pick-up truck
3
MO
525.00
1575
---
0
0 1
1,575
0.000
Building/Site Layout
1
LS
3000.00
3000
---
0
---
D
3,000
0.000
Testing - BY OWNER
1
LS
10000.00
10000
---
0
---
0
10,000 L
0.000
---
0
---
0
---
0
0
0.000
PERMITSIINSURANCE/FEE
---
0
---
0
---
0
0
0.000
Building Permit/Plan Review - BY OWNER
D
---
0
---
0
D
0.000
General Liability Insurance - By Bid Catego
---
0
---
0
---
0
0
0.000
Builders -Risk Insurance - BY OWNER
---
0
---
0
---
0
0
0.000
0
---
0
--- 1
0
0
0.000
EARTHWORK
---
D
---
0
---
0
D
0.000
Strip/Stockpile Topsoil
3000
SF
1.00
3000
---
0
---
0
3,000 L
0.000
Soil Correction to 10'
885
CY
35.00
30975
---
0
---
0
30,975
0.000
Fill above 97'-6"
146
CY
25.00
3650
---
0
---
0
3,650
0.000
Landscaping
1 1
LS
5000.00
5000
---
0
---
D
5,000
0.000
---
D
---
0
---
0
D L
0.000
ASPHALT PAVING
---
D
---
0
---
0
O
0.000
Walkway Allowance
1200
SF
7.00
8400
---
0
---
0
-L
8,400
0.000
Curb & Gutter & Demo
50
LF
40.00
2000
---
0
--- 1
0
2,000
0.000
---
D
---
0
---
0
D L
0.000
CONCRETE
---
D
---
0
---
0
D L
0.000
Wall Footings
206
LF
25.00
5150
---
0
---
0
5,150
0.000
Column Footings & Piers
2
EA
1500.00
3000
---
0
---
0
3,000
0.000
Perimeter Insulation
424
SF
2.50
1060
---
0
---
0
1,060 L
0.000
Foundation Wall
424
SF
25.00
10600
---
0
---
0
10,600 L
0.000
Slab -on -Grade
1600
SF
7.00
11200
---
0
---
0
11,200
0.000
Concrete Pavers
120
SF
15.00
1800
---
0
---
0
1,800
0.000
Concrete Sidewalks - 5'x 5'
2500
SF
8.00
20000
---
0
---
0
20,000 L
0.000
Temp CM Job Office
3
MO
400.00
1200
---
0
---
0
1,200 L
0.000
Temporary Toilets
3
MO
150.00
450
---
0
---
0
450
0.000
---
D
---
0
---
0
D
0.000
MASONRY
---
D
---
0
---
0
D
0.000
Concrete Black - above grade
1800
SF
25.00
45000
---
0
---
0
45,000 L
0.000
Cultured Stone 3' Column
2
EA
2500.00
5000
---
0
---
0
5,000
0.000
---
D
---
0
0
D
0.000
Will IA _, l' II,I Pi "'I,.PII' AI WC1110111)
I ;
150IN14,00
B wf 01)
---
0
---
0
35,000
0.000
---
0
---
0
---
0
0 L
0.000
CARPENTRY
---
0
---
0
---
0
0
0.000
Trusses, Deck, Miscellaneous
1
LS
31000.00
31000
---
0
---
0
31,000
0.000
Wall
1940
SF
15.00
29100
---
0
---
0
29,100
0.000
Faschia
1
LS
6000.00
6000
---
0
---
0
6,000 L
0.000
Hardi-Board
1000
SF
15.00
15000
---
0
---
0
15,000
0.000
---
0
---
0
---
0
0
0.000
ROOFINGISHEET METAL
---
D
---
0
0
D
0.000
Roof Shin les
3000
SF
8.00
24000
---
0
---
0
24,000
0.000
Gutters/Downspouts
1
LS
2200.00
2200
---
0
---
0
2,200
0.000
---
0
---
0
---
0
0
0.000
DOORS/FRAMES/HARDWARE
---
D
---
0
---
0
D
0.000
Doors/Frames/Hardware
2
EA
1500.00
3000
---
0
---
0
3,000 L
0.000
---
D
---
0
---
0
D L
0.000
PAINTING
1
LS
4000.00
4000
---
0
---
0
4,000
0.000
--
D
---
0
0
D
0.000
ELECTRICAL
1
LS
42772.00
42772
---
0
---
0
42,772 L
0.000
---
0
---
0
---
0
D L
0.000
CONTRACTORS BOND COST - Included in Estimate
---
0
---
0
---
0
0
D.00o
---
0
--
0
---
0
D
0.000
CONTINGENCY
1
LS
7393.00
7393
---
0
---
0
7,393 L
0.000
---
0
---
0
---
0
D L
0.000
TOTAL
---
387000
---
0
---
0
387,000
0.000
0.000
NOTE: Any charges for discharging water is not included and paid by the Owner
REPORT PREPARED BY:
AGENDA SECTION: OTHER BUSINESS
AGENDA ITEM # 14.
STAFF REPORT NO. 178
CITY COUNCIL MEETING
10/11/2016
Cheryl Krumholz, Executive Coordinator
DEPARTMENT DIRECTOR REVIEW: Steven Devich
10/5/2016
OTHER DEPARTMENT REVIEW: N/A
CITY MANAGER REVIEW: STEVEN L. DEVICH
10/5/2016
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the appointment of a youth advisory commission member.
EXECUTIVE SUMMARY:
Youth advisory commission members serve one year terms, coinciding with the school year. Although youth
can apply to commissions during the two semi-annual recruitments, the City initiated a separate youth -only
recruitment, which ended on October 1, in order to try to fill two youth member openings.
The Human Rights Commission and the Transportation Commission each have one youth opening. Terms are
for the school year, ending August 31, 2017.
Per the resolution approved by the City Council on September 13, 2016, non-resident youth may be
considered for appointment to City commissions as long as they are actively enrolled in a Richfield high
school or equivalent located in the City of Richfield.
One application was received and a Special City Council Meeting was scheduled for October 11, 2016 to
conduct the interview.
RECOMMENDED ACTION:
By Motion: Approve the appointment of a youth advisory commission member with the term expiring
on August 31, 2017.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
the Historical Contest is fully contained in the Executive Summary.
B. POLICIES (resolutions, ordinances, regulations, statutes, etcy
The City advisory commissions were established by City ordinance or resolution. Applicants are
interviewed at a Special City Council Meeting. The required meeting notice is posted in accordance with
the open meeting law requirements.
C. CRITICAL TIMING ISSUES:
An application was received and an interview conducted on October 11, 2016.
D. FINANCIAL IMPACT:
N/A
E. LEGAL CONSIDERATION:
The October 11, 2016 Special City Council Meeting was posted in accordance with the open meeting law
requirements.
ALTERNATIVE RECOMMENDATION(Sl:
The City Council could defer the appointment to a future City Council Meeting.
PRINCIPAL PARTIES EXPECTED AT MEETING:
None.