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03-08-2022 City Council AgendaREGULAR CITY COUNCIL MEETING VIRTUAL MEETING HELD VIAWEBEX MARCH 8, 2022 7:00 PM INTRODUCTORY PROCEEDINGS Call to order Pledge of Allegiance Open forum 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. Individuals who wish to address the Council may call 612-861-0651 during the live meeting or email comments ahead of the meeting to kwynn@_richfieldmn.gov. Approve the Minutes of the Regular C ity Council Meeting of February 22, 2022. AGENDAAPPROVAL Approval of the Agenda 2. 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. Consider the approval of a resolution of support for proposed legislation (SF 2768/1-1F 2908) that would provide limited liability to commercial salt applicators that receive certification through an established voluntary salt applicator program as offered through the Minnesota Pollution Control Agency (MPCA). Staff Report No. 36 3. Consideration of items, if any, removed from Consent Calendar PROPOSED ORDINANCES 4. Second reading of a proposed ordinance amendment establishing regulations for Electric Vehicle chargers. Staff Report No. 37 5. Second reading of an ordinance amending zoning regulations for firearm sales, repair, and other related uses. Staff Report No. 38 6. Consider a first reading of a transitory ordinance to reaffirm the current ward district boundaries that meet the equal population criteria. Staff Report No. 39 RESOLUTIONS 7. Consider the approval of a resolution modifying the Health Care Savings Plan for Council Members. Staff Report No. 40 CITY MANAGER'S REPORT 8. City Manager's Report CLAIMS AND PAYROLLS 9. Claims and Payroll COUNCIL DISCUSSION 10. Hats Off to Hometown Hits 11. 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 612-861-9739. CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Council Meeting Virtual via WebEx February 22, 2022 CALL TO ORDER The meeting was called to order by Mayor Regan Gonzalez at 7:00 p.m. virtually via WebEx. Council Members Maria Regan Gonzalez, Mayor; Mary Supple; Simon Trautmann (arrived 7:01 Present: p.m.); Sean Hayford Oleary; and Ben Whalen Council Members None. Absent: Staff Present: Katie Rodriguez, City Manager; Mary Tietjen, City Attorney; Mike Dobesh, Fire Chief; Jay Henthorne, Police Chief; Ben Manibog, Transportation Engineer; Krista Guzman, Human Resources Manager; Julie Urban, Housing Manager; Sack Thongvanh, Assistant City Manager; Scott Kulzer, Public Works Administrative Aide/Analyst; Kristin Asher, Public Works Director; Jane Skov, IT Manager; Kelly Wynn, Administrative Assistant; Chris Swanson, Management Analyst, and Kari Sinning, City Clerk. Others Present: Amber Blanchard, MnDOT PLEDGE OF ALLEGIANCE Mayor Regan Gonzalez led the Pledge of Allegiance OPEN FORUM Administrative Assistant Wynn reviewed the options to participate: • Participate live by calling 612-861-0651 during the open forum portion • Call prior to meeting 612-861-9711 • Email prior to meeting kwynn@richfieldmn.gov Administrative Assistant Wynn stated that there were no callers and no prior emails. APPROVAL OF MINUTES Council Meeting Minutes -2- February 22, 2022 M/Supple, S/Hayford Oleary to approve the minutes of the: (1) City Council Work Session of February 8, 2022; (2) Regular City Council Meeting of February 8, 2022; and (3) City Council Retreat of February 10, 2022. City Clerk Sinning took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0 ITEM #1 APPROVAL OF THE AGENDA M/Whalen, S/Hayford Oleary to approve the agenda. City Clerk Sinning took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0 ITEM #2 CONSENT CALENDAR City Manager Rodriguez presented the consent calendar. A. Consider approval of a contract with the City of Edina to provide dispatch and public safety software service to the City of Richfield's Police and Fire Departments (Staff Report No. 26) B. Consider the rejection of all bids submitted for the Sheridan Pond Maintenance Project and direct staff to rebid the project in fall 2022. (Staff Report No. 27) C. Consider adoption of a resolution authorizing the purchase of one temporary construction easement and one permanent right-of-way easement at 6501 Lyndale Ave South (L.A. Fitness) for the 65th Street Reconstruction Project. (Staff Report No. 28) RESOLUTION NO. 11945 RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO MAKE PAYMENTS FOR THE PURCHASE OF A TEMPORARY CONSTRUCTION AND A PERMANENT RIGHT-OF-WAY EASEMENT AT 6501 LYNDALE AVE SOUTH (PID# 27-028-24-23-011) AS PART OF THE 65TH STREET RECONSTRUCTION PROJECT Council Meeting Minutes -3- February 22, 2022 D. Consider the approval of a Construction and Maintenance Agreement with 6200 Penn, LLC, and LB Richfield, LLC (Lunds and Byerlys) that defines ownership and maintenance responsibilities for certain features constructed at 6200 Penn Avenue. (Staff Report No. 29) M/Supple, S/Whalen to approve the consent calendar. Council Member Supple commented on item A and was pleased to see updates on the software service for dispatch and public safety. City Clerk Sinning took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0 ITEM #3 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR None. PUBLIC HEARING AND CONSIDER A RESOLUTION SPECIFYING THE USE OF FUNDS FROM THE URBAN HENNEPIN COUNTY COMMUNITY ITEM #4 DEVELOPMENT BLOCK GRANT ALLOCATION FOR 2022 AND AUTHORIZING EXECUTION OF A SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY REQUIRED THIRD PARTY AGREEMENTS. (STAFF REPORT NO. 30) Council Member Whalen presented Staff Report 30 and opened the public hearing. Administrative Assistant Wynn stated the phone number to participate in the public hearing and there were no public comments made. M/Whalen, S/Trautmann to close the public hearing. City Clerk Sinning took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0. Council Meeting Minutes -4- February 22, 2022 M/Whalen, S/Supple to adopt a resolution authorizing the use of funds for the 2022 Urban Hennepin County Community Development Block Grant Program and authorizing execution of a Subrecipient Agreement with Hennepin County and any required third party agreements. RESOLUTION NO. 11946 RESOLUTION APPROVING PROPOSED USE OF 2022 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS AND AUTHORIZING EXECUTION OF SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY REQUIRED THIRD PARTY AGREEMENTS Council Member Supple commented on the need for the program due to the amount of people signed up for the program. Council Member Trautmann showed his support and stated that this program addresses justice and equity issues regarding home ownership that allows people to stay in their homes or to be able to purchase homes for the first time. Mayor Regan Gonzalez expressed her proudness that the programs that Richfield does to keep families in homes and stated the importance of these programs to maintain, preserve, and improve existing affordable housing. City Clerk Sinning took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0. CONSIDER THE APPROVAL OF THE SECOND READING OF AN ORDINANCE ITEM #5 AMENDING SECTIONS 921 AND 925 OF THE RICHFIELD CITY CODE TO UPDATE AND INCORPORATE PREVIOUS OPEN BURNING, FIRES, AND INCINERATION RESTRICTIONS. (STAFF REPORT NO. 31) Council Member Trautmann presented Staff Report 31. Police Chief Henthorne stated that this is cleans up this ordinance language due to the organized hauling. Fire Chief Dobesh agreed with Police Chief Henthorne and stated that there is enforceable language within this ordinance. Council Member Trautmann appreciated the attention to detail to clean up this ordinance for clarity for residents. M/Trautmann, S/Hayford Oleary to approve the second reading of an ordinance amending Sections 925 and 921 of the Richfield City Code as follows: 1) Incorporating the burning restrictions language from the old Section 601.27 into Section 921 (open burning, fires and incineration restrictions). 2) Referencing the open burning restrictions language in Section 925 (nuisance code). 3) Council Meeting Minutes -5- February 22, 2022 Referencing the incinerator restrictions language in Section 921 (open burning, fires, and incineration restrictions). BILL NO. 2022-1 AN ORDINANCE AMENDING SECTIONS 921 AND 925 OF THE RICHFIELD CODE OF ORDINANCES PERTAINING TO OPEN BURNING, FIRES, AND INCINERATION RESTRICTIONS Council Member Supple commented that a neighbor no longer burns garbage due to organized hauling. City Clerk Sinning took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0. CONSIDER APPROVAL OF A SECOND READING OF AN ORDINANCE ITEM #6 AUTHORIZING THE SALE OF THREE CITY -OWNED PROPERTIES FOR 1494 CORRIDOR VISION PROJECT 1 AND A RESOLUTION AUTHORIZING SUMMARY PUBLICATION. (STAFF REPORT NO. 32) Council Member Supple presented Staff Report 32. Public Works Director Asher stated that this loan has been tracked by Public Works for 21 years. Council Member Hayford Oleary asked if the motion was not passed. Public Works Director Asher stated that the City would have to pay the loan back. M/Supple, S/Whalen to 1) approve the second reading of an ordinance authorizing the sale of three city -owned properties for 1-494 Project; and 2) approve a resolution authorizing summary publication of the ordinance authorizing the sale of5 three city -owned properties for 1-494 Project. BILL NO. 2022-2 TRANSITORY ORDINANCE 19.22 AN ORDINANCE AUTHORIZING THE SALE OF PROPERTY OWNED BY THE CITY RESOLUTION NO. 11947 RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AUTHORIZING THE SALE OF PROPERTY OWNED BY THE CITY Council Member Hayford Oleary shared concerns about the project but showed support for this housekeeping item to give the land back to MNDOT. Council Meeting Minutes -6- February 22, 2022 City Clerk Sinning took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0. CONSIDER THE ADOPTION OF A RESOLUTION APPROVING THE CONTRACT ITEM #7 WITH THE LABOR AND TRADES LOCAL 49 FOR THE PERIOD JANUARY 1, 2022 THROUGH DECEMBER 31, 2022 AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT. (STAFF REPORT NO. 33) Council Member Hayford Oleary presented Staff Report 33. Human Resources Manager Guzman added the reason for the adjustment in order to stay competitive among other cities. M/Hayford Oleary, S/Supple to adopt a resolution approving the provisions of the 2022 labor agreement with the Labor & Trades Local 49 bargaining unit and authorize the City Manager to execute the agreement. RESOLUTION NO. 11948 RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 49 BARGAINING UNIT FOR YEAR 2022 Council Member Whalen thanked staff for the their work to make sure Richfield salary rates stay competitive and also thanked Public Works workers for their continual work to keep the City functioning. Council Member Trautmann echoed the thanks and appreciation for the Public Works staff for their essential work especially during the pandemic. Council Member Supple echoed the appreciation comments and commented on the importance of investing in staff and keeping wages competitive. Mayor Regan Gonzalez echoed the thanks for Public Works workers for their service throughout the pandemic and always. She also thanked Public Works Director Asher for her leadership. She also showed appreciation for staff utilizing the studies on competitive wages. City Clerk Sinning took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0. Council Meeting Minutes -7- February 22, 2022 CONSIDER APPROVAL OF A RESOLUTION GRANTING MUNICIPAL ITEM #8 CONSENT FOR MNDOT'S 1-494 CORRIDOR VISION PROJECT 1 PROPOSED FINAL LAYOUT. (STAFF REPORT NO. 34) Council Member Trautmann presented Staff Report 34. Transportation Engineer Manibog presented a slideshow regarding: • Municipal consent items and concerns An overview of Project 1 o Easy pass lane 0 1-35W & 1-494 interchange access changes o Turbine exit ramps o Bridge reconstruction o Local access changes o Pedestrian and bicycle connections o Utility improvements o Noise walls • Next steps o VQAC March 2022 o Noise Wall voting: Spring 2022 o Construction: Summer 2023-2026 Council Member Whalen asked about the noise wall voting process and the outreach to those residents. Amber Blanchard stated that MNDOT has been in contact with the property owners of the apartments to reach out to renters that would be able to vote via mail, phone, and in -person. Council Member Whalen appreciated the efforts from MNDOT to contact those renters instead of merely the property owners. Public Works Director Asher shared that there was a noise wall that was voted down along 1-494 and Xerxes by the residents of a rental property. Council Member Hayford Oleary asked for clarification if the rental property along 1-494 and Xerxes would be asked again about a noise wall and Public Works Director Asher nodded in agreement that they would be involved in the voting again. He also asked if MNDOT would visit the renters in person if a certain amount of postcards were not returned. Amber Blanchard stated that if less than 50% of the postcards were returned, they would perform a second round of voting. Council Member Supple thanked staff for their work and wondered about the snow emergency refuge areas if the frontage road along 78th Street is no longer. Council Member Trautmann stated how infrastructure expansion affects communities of color in particular and appreciated the transparency and hard work from MNDOT to consider equity within the project. Public Works Director Asher explained the municipal consent process which allows for cities to have input on major projects such as this in order to make it better for the community. She also explained what would happen if the city were to deny municipal consent which would cause the project to go to review and appeal process that might ultimately allow the project to move forward without the input from the cities. M/Trautmann, S/Supple to approve the resolution granting Municipal Consent for MnDOT's I- 494 Corridor Vision. RESOLUTION NO. 11949 RESOLUTION PROVIDING MUNICIPAL CONSENT TO THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR THE 1-494 Council Meeting Minutes -8- February 22, 2022 CORRIDOR VISION PROJECT 1 PROPOSED FINAL LAYOUT (SP 2785-424) Council Member Whalen shared his concerns for right of way vacant properties especially along Portland Ave. He thanked staff and MNDOT for working through concerns that were largely addressed. He also shared concerns on the increased capacity and future transportation needs. Council Member Hayford Oleary seconded the concerns from Council Member Whalen regarding vacant right of way properties. Council Member Hayford Oleary shared that there are good things about this project (new pedestrian bridges and trails) and appreciated efforts from city staff and Council. However, he felt that it does not advance the interests of Richfield as a whole and he shared his opposition for this project due to the increased capacity that would be caused by the expansion of highway lanes west of 1-35W and from the 1-35W and 1-494 interchange which would cause more drivers to use the highway creating more emissions and traffic congestion. He shared that MNDOT released a statement of reducing the amount of miles driven by 20% by 2050. He asked council to actively oppose future expansion phases and projects. Mayor Regan Gonzalez thanked Council Member Hayford Oleary for sharing his concerns and his strong advocacy for those concerns. Council Member Whalen asked if MNDOT staff have a response to the long term vision of reducing the amount of miles driven and he shared his concern that MN -Pass (EZ-Pass) lanes for a short section would not make a lot of sense and supported the idea of turning a current lane into a MN -Pass (EZ-Pass) lane. Amber Blanchard stated that MNDOT has thought about the future of transportation and explained that the EZ-Pass lane is for transit use that would help reduce the vehicle miles traveled by drivers. Amber Blanchard also stated that the current unfunded plan is to add an EZ-Pass lane between 35W and Cedar Ave. Transportation Engineer Manibog stated Minnesota Statute restricts the conversion of EZ-Pass lane from a general purpose lane. Council Member Hayford Oleary appreciated Council Member Whalen's comment and supported the idea for a legislative change in the interest of Richfield. Council Member Hayford Oleary shared his support for EZ-Pass lanes and stated that building them does not mean that Metro Transit would use them. Council Member Hayford Oleary stated that the addition of the EZ-Pass lane is not the main cause for concern but the additional lane that will be added to the west of 1-35W creating three new lanes on westbound 1-494. Council Member Hayford Oleary appreciated that MNDOT is thinking about the future of transportation and the goal of reducing driving miles. Amber Blanchard explained the need for the additional lanes to allow for smooth transition from northbound 35W and westbound 1-494. Mayor Regan Gonzalez shared the importance of having continual involvement during future processes and projects because Council and staff are able to make a difference for the betterment of the city. She lifted up the Public Works department as they have been trailblazers in public infrastructure. She thanked staff for the dedication, persistence, and leadership in addressing concerns and making impactful and important changes. Public Works Director Asher thanked Council for their time and attention and for bringing different perspectives into the project. Council Member Trautmann thanked Council Member Hayford Oleary for his research and thoughtfulness on the project and shared the advocacy that staff and council have implemented for change on this project. Council Member Trautmann recognized everyone's hard work on the project. Council Member Hayford Oleary clarified that his main ask is to oppose future projects and thanked Staff for helping to make this as good as it could be for Richfield. Council Member Supple commented on the highway runoff that was going to go into Wood Lake and appreciated the protection of our groundwater, watershed, and Wood Lake. Council Meeting Minutes -9- February 22, 2022 City Clerk Sinning took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: NO Whalen: AYE Motion carried 4-1. CONSIDER THE APPROVAL OF FUNDING ALLOCATIONS FOR NON-PROFIT ITEM #9 AGENCIES TO PROVIDE SOCIAL SERVICES TO THE RESIDENTS OF RICHFIELD AND AUTHORIZATION OF THE CITY MANAGER TO EXECUTE AGREEMENTS WITH THOSE AGENCIES. (STAFF REPORT NO. 35) Council Member Whalen presented Staff Report 35. Housing Manager Urban shared the appreciation for the organizations and their services to the community and thanked the group does review these proposals (Mary Olafson, Camillo DeSantis, Council Member Supple, and Lynnette Chambers). Council Member Whalen echoed the appreciation and stated that we (the City) are looking at the possibility of using the American Rescue Plan funds to be able to offer that to the community through programs. M/Whalen, S/Supple to approve the funding recommendations for non-profit agencies providing social services to residents of Richfield and authorize the City Manager to execute aareements for services with those aaencies. Council Member Trautmann lifted up how great of an impact these services have on our community and stated Cornerstone as an example. Council Member Supple lifted up the providers and showed appreciation all that they do for the community. Mayor Regan Gonzalez thanked the organizations for their involvement in the community and applauded their adaptability during covid. She also urged organizations to reach out to Council or city staff for any form of support that they may need for grants or funding. City Clerk Sinning took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0. Council Meeting Minutes -10- February 22, 2022 ITEM #10 CITY MANAGER'S REPORT City Manager Rodriguez thanked Council for the conversation on Municipal Consent. Assistant City Manager Thongvanh who thanked the Council for their kind words and City Manager Rodriguez for the opportunity. Mayor Regan Gonzalez expressed her eagerness to meet Assistant City Manager Thongvanh and thanked him for joining our team. City Clerk Sinning gave an update on redistricting. Council Member Whalen asked if there would be changes to the number of precincts given the amount of absentee voting. City Clerk Sinning stated that in order to allow for more access to the polling locations staff would not recommend reducing the number of precincts. City Manager Rodriguez gave an update on covid and stated that Bloomington Public Health gave a framework to help organizations make decisions on rolling back mitigations. She stated that staff would start talking about rolling back mitigations including virtual meetings. She asked Council for their thoughts on in -person meetings. Council Member Supple asked about the audio/visual equipment issues that were happening during in -person meetings and also asked about hybrid meetings. City Manager Rodriguez stated that the first phase of the improvements in the Council Chambers has happened and would need to be tested. City Attorney Tietjen stated that the normal requirements of open meeting laws would be in effect. Council Member Whalen shared that if the positivity rate continues to go down that the second meeting of March would be a good objective and he stated his concerns for accessibility to commissioners and residents to attend. City Attorney Tietjen stated the reason for virtual meetings currently is due to the ongoing health pandemic. Council Member Hayford Oleary shared that he would prefer to wait to make the decision when the rate is below five percent and stated that the recordings of the commission meetings make it more accessible to public. Mayor Regan Gonzalez also expressed the same concerns that Council Member Hayford Oleary shared. Council Member Supple asked to keep accessibility in mind for commissioners. ITEM #10 CLAIMS AND PAYROLL M/Trautmann, S/Hayford Oleary that the following claims and payrolls be approved: U.S. Bank 2/22/2022 A/P Checks: 303944 — 304295 $1,723,222.67 Payroll: 168350 — 168652, 43462 $ 718,207.19 TOTAL $2,441,429.86 City Clerk Sinning took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0 Council Meeting Minutes -11- February 22, 2022 ITEM #12 HATS OFF TO HOMETOWN HITS Council Member Hayford Oleary shared an event called Winter Walking Day that is happening March 2nd at four of the district schools. He also mentioned an advocacy effort called the Twin Cities Boulevard campaign which suggests removing 1-94 between Minneapolis and St. Paul who have stated that they will not support further expansion of 1-94. Council Member Trautmann thanked the Police Department for giving the community a sense of safety and closure regarding the shooting that happened at South Education Center. Council Member Supple shared that the City has compostable bags available for residents that are involved in the curbside organics collection program and gave the ways residents can pick theirs up. She urged residents to register for the 1-494 Listening Session that is on March 1. Council Member Whalen thanked Recreation Staff, Wilderness Inquiry and the Three Rivers Park District for the winter event at Taft Park. Mayor Regan Gonzalez thanked Recreation Staff for the bilingual learn to snowshoe event. She lifted up all the departments for the support of community by innovating, responding and putting community first. ITEM #13 ADJOURNMENT The meeting was adjourned by unanimous consent at 9:01 p.m. Date Approved: March 8, 2022 Maria Regan Gonzalez Mayor Kari Sinning Katie Rodriguez City Clerk City Manager AGENDA SECTION: CONSENT CALENDAR AGENDA ITEM # 2.A. STAFF REPORT NO.36 CITY COUNCIL MEETING 3/8/2022 REPORT PREPARED BY: Jordan Vennes, Water Resources Engineer DEPARTMENT DIRECTOR REVIEW: Kristin Asher, Public Works Director 3/1 /2022 OTHER DEPARTMENT REVIEW: CITYMANAGER REVIEW: Katie Rodriguez, City Manager 3/1 /2022 ITEM FOR COUNCIL CONSIDERATION: Consider the approval of a resolution of support for proposed legislation (SF 2768/HF 2908) that would provide limited liability to commercial salt applicators that receive certification through an established voluntary salt applicator program as offered through the Minnesota Pollution Control Agency (MPCA). EXECUTIVE SUMMARY: Background In 2016 and 2018, bills were introduced in the Minnesota House of Representatives to provide limited liability protection to private commercial salt applicators. Unfortunately, there was no further action. Similar legislation was introduced in February of 2022 which has been gaining broader support. HF 2908 is now being heard in the House Judiciary Finance and Civil Law Committee, and SF 2768 has been referred to the Environment and Natural Resources Policy and Legacy Finance Committee. The proposed legislation would provide limited liability protection to private commercial salt applicators who participate in a voluntary MPCA training program and receive certification. Goal of Legislation This legislation is necessary because private commercial salt applicators are reluctant to reduce the amount of salt applied to their properties out of concern over legal liability related to injuries resulting from accidents caused by snow and ice on sidewalks and parking lots. Applying excessive salt does not improve safety, rather it harms the environment. Adopting a resolution in support of the proposed legislation will raise awareness of the issue, garner additional legislative support, and ultimately help address the amount of salt being applied on private property which ends up in our waterways by encouraging private applicators to educate themselves on the impacts of over -application and address concerns about perceived liability risks. Reason for Support A single teaspoon of salt will permanently pollute five gallons of water. The over -application of salt is the primary contributor to the chloride pollution of Minnesota lakes, wetlands, and streams according to MPCA. The Minnesota Department of Transportation (MnDOT), counties, and cities have been attempting to reduce salt application rates to reduce pollution. Since 2012, City of Richfield Public Works staff has successfully reduced salt application by approximately 60% through proper calibration of equipment and education. Staff continues to look for ways to further reduce the amount of salt applied to city roads. Staff recommends supporting the limited liability for private commercial salt applicators in order to continue efforts to reduce salt application statewide. RECOMMENDED ACTION: By motion: Approve a resolution of support for proposed legislation (SF 2768/HF 2908) that would provide limited liability to commercial salt applicators that receive certification through an established voluntary salt applicator program as offered through the Minnesota Pollution Control Agency (MPCA). BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT See executive summary. B. POLICIES (resolutions, ordinances, regulations, statutes, etch This effort aligns with a 2022 Public Works Legislative Priority to "Support state laws that provide limited liability to commercial salt applicators that are certified through an established voluntary salt applicator certification program." C. CRITICALTIMING ISSUES: This legislation is active in this year's legislative session and local agency support is critical. D. FINANCIAL IMPACT: None E. LEGAL CONSIDERATION: None ALTERNATIVE RECOMMENDATION . None PRINCIPAL PARTIES EXPECTED AT MEETING: None ATTACHMENTS: Description Type ❑ Resolution Resolution Letter RESOLUTION NO. RESOLUTION SUPPORTING LEGISLATION THAT PROVIDES LIMITED LIABILITY TO COMMERCIAL SALT APPLICATORS THAT ARE CERTIFIED THROUGH AN ESTABLISHED VOLUNTARY SALT APPLICATOR CERTIFICATION PROGRAM WHEREAS, chloride contamination of water resources has been found in urban areas around the state; and WHEREAS, the Minnesota Pollution Control Agency (MPCA) has listed 39 waterbodies in the Twin Cities metro area as impaired for chloride and has completed Total Maximum Daily Load (TMDL) studies on these impaired waterbodies (i.e. Shingle Creek Chloride TMDL, Nine Mile Creek Chloride TMDL, and Twin Cities Metropolitan Area Chloride TMDL); and WHEREAS, the TMDL studies have indicated that the largest chloride source to our lakes and streams is through the application of chloride compounds on roads, parking lots, sidewalks, and other hard surfaces for winter maintenance practices; and WHEREAS, liability for property damage or personal injury as a result of snow or ice is one of the main reasons over -salting occurs and many private commercial contractors and property owners are reluctant to implement salt -reduction practices for fear of increased legal liability; and WHEREAS, the MPCA currently oversees a voluntary Smart Salting Certification Program that provides training to public and commercial salt applicators, private property owners, managers, and others on how to maintain safe surfaces using salt efficiently; and WHEREAS, enactment of legislation providing certified commercial salt applicators and owners or lessees of property that hire certified commercial salt applicators certain liability protection from claims or damages arising from snow and ice hazards on the property will further incentivize reductions in chloride application. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RICHFIELD, MINNESOTA AS FOLLOWS: The City of Richfield supports passage and enactment of legislation that provides a limited liability exemption to commercial salt applicators and property owners using salt applicators who are certified through established salt applicator certification programs whom follow best management practices. Adopted by the City Council of the City of Richfield, Minnesota, this 8th day of March, 2022. Maria Regan Gonzalez, Mayor ATTEST: Kari Sinning, City Clerk AGENDA SECTON: PROPOSED ORDINANCES AGENDA ITEM # 4. STAFF REPORT NO. 37 CITY COUNCIL MEETING 3/8/2022 REPORT PREPARED BY: Nellie Jerome, Assistant Planner DEPARTMENT DIRECTOR REVIEW: Melissa Poehlman, Community Development Director 2/28/2022 OTHER DEPARTMENT REVIEW: CITYMANAGER REVIEW: Katie Rodriguez, City Manager 3/1 /2022 ITEM FOR COUNCIL CONSIDERATION: Second reading of a proposed ordinance amendment establishing regulations for Electric Vehicle chargers. EXECUTIVE SUMMARY: Transportation accounts for 29% of U.S greenhouse gas emissions, which is the largest share of all emissions categories, according to the US Environmental Protection Agency. Electric vehicles and Electric Vehicle (EV) charging infrastructure are both needed throughout the US to help reduce these emissions. According to the Great Plains Institute, in order to boost EV sales to 10% of the market share of all car sales in the Twin Cities metro, we will need to install 9,000 to 16,000 chargers. As of June 2019, there were only about 500 charging units in the entire metro area. Additionally, since global EV sales jumped from 450,000 in 2015 to 2.1 million in 2019, we will need to fill a growing demand for chargers. EV sales are also projected to increase while battery prices decrease and more models become available, according to the Minnesota Department of Transportation. In light of emissions and market trends, this proposed ordinance amendment establishes general standards for EV charger infrastructure in the City of Richfield, as well as minimum charger numbers that must be installed for new developments and for certain redevelopments that are required to bring the property into compliance based on Subsection 544.01. Staff researched best practices for the proposed ordinance and aligned the proposed requirements with neighboring cities, like St. Louis Park, Bloomington, and Minneapolis. More cities in the metro area are expected to add EV charging standards to their city codes in the coming years as well. In 2018, 28 cities worked together across Minnesota to explore EV readiness, as part of the "Cities Charging Ahead" program, led by the Great Plains Institute and Clean Energy Resource Teams (CERTs). Many of those participating cities have already implemented EV infrastructure into their policies and/or city practices. Richfield's proposed EV ordinance includes a requirement for multifamily and non-residential uses to install EV chargers in some parking spaces, and to have other spaces made "EV-ready" (i.e. conduit installed to support future installation of chargers). EV chargers come in three styles. Level-1 (L1) is considered slow charging. The voltage level for L1 chargers is between zero and 120 volts, and chargers can use a standard household outlet. L1 chargers usually start at around $200 for basic models. Level-2 (L2) is considered medium speed charging. The voltage level for L2 chargers is between 120 and 240 volts. L2 chargers can cost between $400 and $2,000 depending on features. Level-3 (1-3) charging is considered fast or rapid. The voltage for L3 chargers, sometimes called DC chargers, is greater than 240 volts. L3 chargers are the most expensive and usually cost around $10,000, but can cost up to $40,000 for "super fast' models. A summary of the proposed EV charger requirements is below: • Residential uses with up to 3 units: one L1 charger required in an enclosed parking space • Residential uses with 4 to 14 units: 10% of enclosed parking spaces require L1 chargers, and 2 spaces require L2 or L3 EV-ready spaces • Residential uses with 15 or more units: 10% of enclosed parking spaces require L2 chargers, 20% of spaces require L2 or L3 EV-ready spaces, and all remailing enclosed spaces required to be L1 EV- ready. At least one ADA space must have access to an EV charger. • Non-residential uses with up to 20 spaces: One space with an L2 or L3 charger and 10% percent require L2 or L3 EV-ready spaces. • Non-residential uses with 21 or more off-street parking spaces: 5% percent of parking spaces with an L2 or L3 charger, and 20% percent require L2 EV-ready spaces. At least one L3 EV-ready space. At least one ADA space must have access to an EV charger. The ordinance also adds EV chargers as a permitted accessory use in all zoning districts. Additionally, it allows a 5% reduction of minimum required parking for the installation of EV chargers above and beyond requirements, at a ratio one L2 or L3 charger to one parking spot. This reduction may be used instead of, but not in addition to, the bicycle parking reduction. New off street parking areas will need to comply with the EV charger requirements and if an existing parking area is physically expanded, any added parking areas will need to meet ratios for minimum EV charging requirements as well. RECOMMENDED ACTION: By motion: 1. Approve the attached ordinance amendment establishing regulations for electric vehicle chargers; and 2. Approve a resolution authorizing summary publication of said ordinance. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT A joint work session was held with the Planning Commission and the City Council on September 27, 2021. Staff heard from Council Members and Commissioners that EV charging standards were an important policy priority for the City and that the Zoning Code should be updated with new EV charger requirements. B. POLICIES (resolutions, ordinances, regulations, statutes. etch • Subsection 509.25 of the Richfield Zoning Code establishes regulations for nonconformities. • Subsection 544.13 of the Richfield Zoning Code establishes standards for vehicle parking and loading requirements. • Subsection 512.03 of the Richfield Zoning Code establishes permitted uses in all districts. • Summary publication of adopted ordinances is permitted when the verbatim text of the amendment is cumbersome, and the expense of publication of the complete text is not justified. C. CRITICALTIMING ISSUES: None. D. FINANCIAL IMPACT: Estimated private installation costs provided in the Executive Summary. E. LEGAL CONSIDERATION: • Notice of the Planning Commission public hearing was published in the Sun Current Newspaper. No members of the public provided comment during the public hearing. • A first reading of the attached ordinance was approved by the Council on February 8, 2022. ALTERNATIVE RECOMMENDATION . • Recommend revisions of the ordinance amendment as proposed; or, • Recommend denial of an ordinance amendment establishing regulations for Electric Vehicle chargers, thus maintaining the status quo. PRINCIPAL PARTIES EXPECTED AT MEETING: N/A ATTACHMENTS: Description ❑ Ordinance Type Ordinance Summary Publication Resolution Resolution Letter BILL NO. AN ORDINANCE AMENDMENT ESTABLISHING REGULATIONS FOR ELECTRIC VEHICLE CHARGERS THE CITY OF RICHFIELD DOES ORDAIN: Section 1 Subsection 509.25, Subdivision 7 of the Richfield Zoning Code is amended to read as follows: Subd. 7. Nonconforming site improvements. This subsection is primarily aimed at upgrading nonconforming site improvements that affect the appearance and impacts of a site. It is not intended to require extensive changes that would be extremely impractical such as moving or lowering buildings. a) Nonconforming Parking. Alteration, addition or expansion which results in an increased need for off-street parking shall provide additional parking according to the following guidelines: Where modifications result in an increase in the applicable unit of measurement (dwelling unit, floor area, capacity, number or seats, etc.) which is 50 percent or less of the original total, additional parking shall be required only for this new or modified part of the development; Where modifications result in an increase in the applicable unit of measurement which is over 50 percent of the original total, sufficient off-street parking shall be provided to bring the entire development into conformance with the requirements of this ordinance. b) Nonconforming Landscaping and Screening. Alternative landscaping or screening may be approved by the Director, where, due to existing structure placement, lot dimensions, parking requirements, or other improvements, it is not possible to provide the landscaping or screening required by this ordinance, according to the following rules: The alternative landscaping or screening will not be detrimental to adjacent properties; and The alternative landscaping or screening complies with the purpose and intent of standards dictated by this ordinance. c) Additional Nonconforming Site Improvements. In addition to the requirements of a) and b) above, the following nonconforming site improvements must be made conforming if a structure or use associated with the nonconforming site improvement is enlarged or expanded. i. Impervious surface coverage as required by applicable zoning district standards; ii. Irrigation as required by Subsection 544.03, Subd. 4(h); iii. Screening of refuse collection and utilitarian items in accordance with Subsection 544.05; iv. Pedestrian circulation as required by Subsection 544.15; V. Bicycle parking in accordance with Subsection 544.17; and vi. For enlargement or expansion of non -conforming off-street parking or loading areas, the enlarged or expanded area of such off-street parking or loading areas must comply with the minimum requirements for electric vehicle (EV) chargers and EV-ready spaces in accordance with Subsection 544.13, Subd. 7. vii. Underground utilities when renovation costs exceed 50 percent of the value of the structure, in accordance with Subsection 544.19. d) The Director may modify or waive any of the provisions above based on a written finding that the proposal: i. Would not be detrimental to adjacent properties; and ii. The proposal complies with the purpose and intent of standards dictated by this ordinance. (Amended: 9-17-2010) (Amended, Bill No. 2014-4) Section 2 Subsection 512.03 of the Richfield Zoning Code is amended to read as follows: Except as otherwise noted, the following uses shall be construed to be permitted in all zoning districts within the City: a) Public streets and highways; b) Underground public utilities; c) Municipally -owned parks and related accessory facilities; d) Solar equipment as an accessory use; e) Horticulture/community gardens as an accessory to an established institutional use (school, church, park), provided that plants and related materials are maintained in a clean and orderly manner and that waste is disposed of appropriately; and f) Beekeeping subject to the inspection and licensing requirements and limitations outlined in Section 906. q) Electric vehicle chargers and related equipment as an accessory use subject to the requirements and limitations outlined in Subsection 544.13. Section 3 Subsection 544.13 of the Richfield Zoning Code is amended to add a new Subdivision 7 as follows, renumbering all subsequent subdivisions: Subd. 7. Electric Vehicle Charger Requirements a) Purpose. Ensuring that electric vehicle (EV) charging serves both short and long-term parking needs throughout the city, while limiting adverse impacts of electric vehicle chargers, to reduce emissions and improve environmental health outcomes in our communitv. b) Level descriptions: i. Level-1 (or "L1") is considered slow charging and includes a range from zero (0) volts to one hundred twentv (120) volts. ii. Level-2 (or "12") is considered medium charging and includes a range from one hundred twenty (120) volts to two hundred forty (240) volts. iii. Level-3 (or "13") is considered fast or rapid charging and includes a range of greater than two hundred forty (240) volts. c) EV-ready spaces and EV parking space standards: i. EV-ready spaces shall require appropriate electrical capacity and conduits to support future EV chargers, but shall not require an installed charger unit. Adequate electrical service is required to allow for future simultaneous charging of all future installed chargers. ii. EV charger installation in excess of any minimum requirements may be substituted for uD to five (5) Dercent of minimum off-street Darkinc requirements. One (1) L2 or L3 charger is equivalent to one (1) parking space. This reduction may not be applied in addition to the parking reduction for excess bicycle parking spaces, as described in subsection 544.17 of the Richfield Zoning Code. iii. EV charaer locations and standards: 1) EV chargers must be located in a parking island, mounted to an adjacent pedestal or similar structure, or protected by bollards, structures, or curb if located in a parking lot. 2) EV chargers shall be set back at least three (3) feet from any lot line abutting another parcel. However, upon written request from the property owner, the Director may reduce or rescind this setback requirement for shared access agreements or pursuant to a findina of necessitv and public convenience. al EV chargers located along an alley, or located adjacent to a right- of-way which contains a public sidewalk, shall be set back at least three (3) feet from the nearest edge of such alley or sidewalk. When adjacent to the right-of-way, the location must be approved by the Director of Public Works. EV chargers may be located in the right-of-way, with permission from the Director of Public Works. EV chargers mounted on pedestals, light posts, bollards, or other devices for on -street charging stations shall be designed and located as to not impede pedestrian travel or create hazards within the right-of-way. 4) EV chargers shall be set back at least twenty-four (24) inches from the face of any adjacent curb. 5) EV chargers shall be mounted in a manner that allows for any cords to be retractable or hung sufficiently above any pedestrian surface. 6) EV chargers must be installed per manufacturer specification and must comply with all applicable building codes and relevant Americans with Disabilities Act (ADA) requirements. When an EV charging station is not operational for thirty (30) consecutive days, it shall be considered to have been removed from service. 8) EV chargers must be operational during the normal business hours of the use(s) served. EV chargers may be de -energized or otherwise restricted after normal business hours of the use(s) served. d) Minimum number of electric vehicle chargers required by land use are as fnlIn%A/C' INSTALLED EV CHARGING ADDITIONAL USE STATIONS* EV-READY SPACES* REQUIREMENTS Residential uses At least one (1) with up to 3 units enclosed space shall support L1 charging. Residential uses Ten (10) percent of Two (2) spaces capable enclosed parking of L2 or L3 charging. All with 4 to 14 units spaces shall remaining enclosed support L1 spaces capable of L1 charging. charging. Residential uses with 15 units or more Ten (10) percent of Twenty (20) percent of spaces capable of L2 or At least one ADA parking space shall have access to an installed EV charger. parking spaces shall support L2 charging. L3 charging. All remaining enclosed spaces capable of L1 charging. Non-residential uses with up to twenty (20) spaces One (1) space shall Ten (10) percent of spaces capable of L2 or support L2 or L3 charging L3 charging. Non-residential uses with twenty- Five (5) percent of parking spaces shall support L2 or Twenty (20) percent of spaces capable of L2 At least one ADA parking space shall have access to an EV charger. one (21) or more off-street parking charging. At least 1 space capable of L3 charging. L3 charging. spaces *If calculation results in a fraction, the next higher whole number shall be used. e) This number may be reduced by the Director if proof can be provided that such spaces will not be used: Section 4. Subsection 544.13, Subdivision 10 of the Richfield Zoning Code is amended and renumbered as follows: Subd. 40 11. Calculating space for a compound use. Should a structure contain two (2) or more types of uses, the total off-street and minimum EV parking spaces required for each use shall be calculated separately unless requirements for joint parking arrangements can be applied as regulated by Subd. 4-1--12 of this ,,-Subsection. Section 5 This Ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Passed by the City Council of the City of Richfield, Minnesota this 8th day of March, 2022. Maria Regan Gonzalez, Mayor ATTEST: Kari Sinning, City Clerk RESOLUTION NO. RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE ESTABLISHING REGULATIONS FOR ELECTRIC VEHICLE CHARGERS WHEREAS, the City has adopted the above -referenced amendment of the Richfield City Code; and WHEREAS, the verbatim text of the amendment 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. AN ORDINANCE ESTABLISHING REGULATIONS FOR ELECTRIC VEHICLE CHARGERS This summary of the ordinance is published pursuant to Section 3.12 of the Richfield City Charter. This ordinance establishes electric vehicle (EV) charger installation requirements and standards, in line with efforts to reduce future transportation emissions (the largest share of emissions affecting climate change). The updated ordinance would require new developments to install EV chargers based on the type of land use and the size of the off-street parking area. 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 Department of Community Development at (612) 861-9760. Adopted by the City Council of the City of Richfield, Minnesota this 81" day of March, 2022. Maria Regan Gonzalez, Mayor ATTEST: Kari Sinning, City Clerk REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: OTHER DEPARTMENT REVIEW: CITYMANAGER REVIEW: AGENDA SECTON: AGENDA ITEM # PROPOSED ORDINANCES 5. STAFF REPORT NO. 38 CITY COUNCIL MEETING 3/8/2022 Melissa Poehlman, Community Development Director Jay Henthorne, Public Safety Director Katie Rodriguez, City Manager 3/1 /2022 ITEM FOR COUNCIL CONSIDERATION: Second reading of an ordinance amending zoning regulations for firearm sales, repair, and other related uses. EXECUTIVE SUMMARY: In May 2021, the City Council approved a six-month moratorium on the establishment of any new commercial use involving firearms in order to allow time to study and consider existing regulations. The moratorium was extended for an additional six months on September 14, 2021. Based on significant research and two work sessions with the Planning Commission and Council, the attached ordinance amendment updating zoning regulations for firearm sales, repair, and related uses is presented for your consideration. The purposes of the proposed changes are: - Clarify applicability of the regulations (applicable to all uses involving firearms) - Address Code ambiguities - Address online firearms sales - Revise district permissions and buffering distances Proposed revisions: - Add Mixed Use Community (MU-C) sites to conditionally permitted locations - Increase required buffer from residential uses from 100 feet to 250 feet - Clarify that residential buffers are applicable to both residentially used and zoned property - Add "parks" to list of protected uses from which buffer distance is required (300 feet) - Clarify and update protected use terminology - Prohibit such uses in downtown Richfield (in and around the area of 66th Street and Lyndale and Nicollet Avenues) - Directly address internet-based and mail-order sales; prohibiting such uses unless there is no display, inspection, or physical transfer of firearms on or near the premises The proposed rules continue to allow firearm sales, repair, and other related uses in certain areas of the City, as recommended by the City Attorney. Adoption of new regulations does not impact existing uses, who are allowed to continue indefinitely as they exist. New rules could limit the expansion of these businesses, as new regulations would be applicable to expanded areas. The Planning Commission held a public hearing on the proposed ordinance at their January 24 meeting. The Planning Commission voted unanimously to recommend approval of the proposed ordinance. RECOMMENDED ACTION: By motion: 1) Approve an ordinance amending zoning regulations for firearm sales, repair, and other related uses; and 2) Approve a resolution authorizing summary publication of said ordinance. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT • The City last reviewed regulations related to firearms in 2004. • Public testimony related to current regulations led the City Council to adopt a moratorium on the establishment of new uses involving firearms in order to study and consider possible changes. B. POLICIES (resolutions, ordinances, regulations, statutes. etc) • MN State Law prohibits local regulation of firearms with certain exceptions. • MN Statute 571.635 states that cities "may regulate by reasonable, nondiscriminatory, and nonarbitrary zoning ordinances," the location of uses involving firearms. • The City Attorney recommends against a outright prohibition or effective prohibition through zoning. • One minor change was made to the ordinance following the public hearing. The Director of Public Safety (in addition to the City Manager and any designee) is specifically listed as a reviewer of outside security plans. • Summary publication of adopted ordinances is permitted when the verbatim text of the amendment is cumbersome, and the expense of publication of the complete text is not justified. C. CRITICALTIMING ISSUES: The current moratorium expires May 11, 2022. New regulations should be adopted prior to that date. D. FINANCIAL IMPACT: None E. LEGAL CONSIDERATION: • Notice of the Planning Commission public hearing was published in the Sun Current Newspaper. No members of the public provided comment during the public hearing. • A first reading of the attached ordinance was approved by the Council on February 8, 2022. ALTERNATIVE RECOMMENDATION . • Approve the proposed ordinance with additional changes. • Deny the proposed ordinance, allowing current regulations to stand. PRINCIPAL PARTIES EXPECTED AT MEETING: None ATTACHMENTS: Description Type Ordinance Ordinance Resolution - Summary Publication Resolution Letter Sites for Firearm Uses Map Exhibit BILL NO. AMENDMENT TO RICHFIELD CITY CODE RELATED TO ZONING AMENDING REGULATIONS IN THE GENERAL BUSINESS (C-2) AND MIXED USE (MU-C AND MU-R) DISTRICTS RELATED TO USES INVOLVING FIREARMS THE CITY OF RICHFIELD DOES ORDAIN: Section 1 Subsection 512.09 of the Richfield City Code related to permitted, conditional, accessory and prohibited uses in the Mixed -Use Districts is amended to read as follows: 512.09. Permitted, Conditional, Accessory and Prohibited Uses in Mixed -Use Districts. The following table summarizes which land uses are classified as permitted, accessory, conditional or prohibited in the Mixed -Use Districts. Refer to Section 537 for complete regulations. P: Permitted A: Accessory C: Conditional N: Null or not Permitted Land Use MU-N MU-C MU-R Residential Assisted living facilities, nursing, rest homes P P N Dwelling, multifamily (min. 3 units) P P P (but see 537.07, Subd. 2a Dwelling, townhouse P N N Live -work units P P N Commercial, Institutional and Public Adult business establishments as defined and regulated under City Code Subsection 1196 N P P Animal kennels C C C Assembly and manufacturing accessory and subordinate to a retail use N A A Auto detailing N C C Auto mechanical or body repair shops N C C Auto rental facilities accessory to a primary office or hotel use N A A Auto sales or lease - new vehicles N N C Convenience store P P P Day care facilities P P P Drive -up window or teller service N C C Firearms relater) cos N N C Funeral homes, mortuaries N P N Government buildings A P A Gun or ammunition sales/repair and firearms -related uses N C C Health or athletic clubs, spas, yoga studios P P P Hospitals N N P Hotel/motel (defined as 6 or more rooms) N P P Libraries, public P P N Marijuana (medical) dispensaries N N N Marijuana recreational sales outlets N N N Micro -production facility (micro-brewery/micro-distillery) N C C Offices and clinics P P P Public utilities, major N C C Public utilities, minor A A A Religious institutions P P A Restaurant Class I(serving alcohol N C P Restaurant Class II traditional/cafeteria P P P Restaurant Class III fast food with drive-thru N C C Restaurant Class IV take out only) P P P Retail services, general C P P Retail services, neighborhood P P P Retail services, regional N C P Schools, public or private P P C Service station/convenience store N C C Taproom/cocktail room N A/C A/C Tattoo shops N P P Theaters, movie, or live entertainment N N P Transit facilities A A A *Conditions apply, see section 537 for complete regulations. (Amended, Bill No. 2011-13; 2011-19; 2014-4; 2015-5; 2015-15; 2019-4; 2022-x) Sec. 2 Subsection 534.07, Subdivision 17 of the Richfield City Code is amended as follows: Subdivision 1. The uses listed in this Subsection are conditional uses in the C-2 District, and are subject to the conditional use permit provisions outlined in subsection 547.09 of this Code. Subd. 17. Gun or ammunition sales/repair and firearms -related uses (as defined in Subsection 507.07, Subd. 50) provided the following conditions are met: a) Such uses shall be licensed under Section 920 of the City Code; b) Such uses shall be located not less than 250 feet from residentially zoned or used property; lihrory on+ol h„ilrJir,..• , ., c) Such uses shall be located not less than 300 feet from any school, religious facility, licensed daycare center, public library, park, or regularly -occupied governmental building; c„^" uses sbe IOGated ROt less than hall , 00-0 feet fmm other g6IR or ammunition sales/repair b6i fire.;rms related uses, d) Such uses shall not be located in downtown. For the purposes of this Subsection, downtown shall be defined as an area within 1,000 feet of 66th Street between Lyndale Avenue and Nicollet Avenue; e) Such uses shall be located not less than 1,000 feet from other gun or ammunition sales/repair businesses or firearms -related uses; Q„^h , shall ho L,.,;;tt- d not loos than 100 foot from res!&Rtially ZE)R8d n ort)r _ e)fl Firearm s_related- uses ohol' Such uses shall not operate before 8:00 a.m. or after 9:00 p.m.; f4c� Firearms -related uses shall only be allowed within an enclosed structure that is soundproofed to prevent the sound to be heard by persons on adjoining property; g)W No firearms -related use shall be allowed in a trailer or other nonpermanent building; ki)�i Any firing -range existing in the City on or prior to January 1, 2004, shall be allowed to continue; 4i The design and construction of any firearm -related use shall totally confine all ammunition rounds within the building and in a controlled manner. The design and construction of the firing range shall be certified by a registered architect and engineer in the State of Minnesota. The certified plans shall include the specifications and construction of the bullet trap(s), ceilings, exterior and interior walls, and floors. The certified plans shall state what type and caliber of ammunition the range is designed to totally confine; })!!� No ammunition shall be used in any firearms -related use that exceeds the certified design and construction specifications of the firing range; k)� A written log of users of any firing range or other firearms -related use shall be maintained by the range operator. The log shall include the name and address of the range user, and the time and date the user was in the range. The name and address of the user shall be verified by photo identification; 4M) An alarm system, cut wire protected, shall be supplied to provide security for a building containing any firearm -related use; m)!21 Firearms that are stored on the premises shall be stored in a vault when the range is closed for business. An alarm system, independent of the general alarm system and cut wire protected, shall be supplied for the firearm vault; )� Ammunition shall not be stored in the firearm vault; e-)p) On site supervision at any firearm -related use shall be supplied at all times by an adult with credentials as qualified range master; p M An outside security plan for the general grounds of any firearm -related use shall be submitted to the City Manager or designee and the Director of Public Safety for review and approval; 94EI The transport of firearms on the premises shall conform to State Law; r-)sl Minors shall not be allowed in any firearm -related use unless accompanied by an adult at all times. This provision shall not be interpreted to prohibit minors from participating in a firearm safety class, which is supervised by an adult instructor; and s)!) The Council reserves the authority to review or modify the performance standards for the firing range. u) Federally -licensed firearms dealers engaged only in processing Internet -based or mail-order sales to other licensed dealers where neither the display, inspection nor physical transfer of the firearm occurs on or near the premises are exempted from the provisions of this Subsection. Sec. 3 Subsection 537.03, Subdivision 1 of the Richfield City Code related to permitted, conditionally permitted and accessory uses in the Mixed Use Districts is amended to read as follows: 537.03. Permitted Uses. Subdivision 1. The following table establishes permitted, conditionally permitted and accessory uses for the Mixed Use Districts: Table 1. Uses of the Mixed -Use District Note —The following abbreviations are used within the use table: P= permitted use A= accessory use C= conditionally permitted N= not permitted Use MU-N MU-C MU-R Residential Assisted living facilities, nursing, rest homes P P N Dwelling, multifamily (min. 3 units) P P P (but see 537.07, Subd. 2a) Dwelling, townhouse P N N Live -work units P P N Commercial, Institutional and Public Adult business establishments as defined and regulated under City Code Subsection 1196 N P P Animal kennels C C C Assembly and manufacturing accessory and subordinate to a retail use N A A Auto detailing N C C Auto mechanical or body repair shops N C C Auto rental facilities accessory to a primary office or hotel use N A A Auto sales or lease - new vehicles N N C Convenience store P P P Day care facilities P P P Drive -up window or teller service N C C Firearms relate u N N G Funeral homes, mortuaries N P N Government buildings A P A Gun or ammunition sales/repair and firearms -related uses N C C Health or athletic clubs, spas, yoga studios P P P Hospitals N N P Hotel/motel (defined as 6 or more rooms) N P P Libraries, public P P N Marijuana (medical) dispensaries N N N Marijuana (recreational) sales outlets N N N Micro -production facility (micro-brewery/micro-distillery) N C C Offices and clinics P P P Public utilities, major N C C Public utilities, minor A A A Religious institutions P P A Restaurant Class I serving alcohol N C P Restaurant Class II traditional/cafeteria P P P Restaurant Class III fast food with drive-thru N C C Restaurant Class IV take out only) P P P Retail services, general C P P Retail services, neighborhood P P P Retail services, regional N C P Schools, public or private P P C Service station/convenience store N C C Taproom/cocktail room N A/C A/C Tattoo shops N P P Theaters, movie, or live entertainment N N P Transit facilities I A A A (Amended, Bill No. 2011-13; 2011-19; 2014-4; 2015-15; 2019-4; 2022-x) Sec. 4 Subsection 537.05, Subdivision 10 of the Richfield City Code is amended as follows: Subdivision 1. Generally. Conditional uses listed in Table 1 are subject to the conditional use permit provisions outlines in Subsection 547.09 of this Code and the following conditions: Subd. 10. Firearms Qe'.a}ed Gun or ammunition sales/repair and firearms -related uses in the MU-C and MU-R Districts. Rrearms related uses Gun or ammunition sales/repair and firearms -related uses provided the conditions detailed in the C-2 District are met (534.07 Subd. 17). Sec. 5 This Ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Adoption of this Ordinance constitutes the repeal of Transitory Ordinance establishing a moratorium on new uses involving firearms adopted by the Richfield City Council on May 25, 2021 and extended by Resolution No. on September 14, 2021. Passed by the City Council of the City of Richfield, Minnesota this _day of , 2022. Maria Regan Gonzalez, Mayor ATTEST: Kari Sinning, City Clerk RESOLUTION NO. RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDING REGULATIONS FOR FIREARM SALES, REPAIR, AND OTHER RELATED USES WHEREAS, the City has adopted the above -referenced amendment of the Richfield City Code; and WHEREAS, the verbatim text of the amendment 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. AN ORDINANCE AMENDING REGULATIONS FOR FIREARM SALES, REPAIR, AND OTHER RELATED USES This summary of the ordinance is published pursuant to Section 3.12 of the Richfield City Charter. This ordinance amends several regulations related to the location and operating procedures required for uses that involve firearms. The amendment adds the Mixed Use Community District as an area in which these uses would be conditionally permitted; increases the required buffer distance between these uses and residential uses from 100 feet to 250 feet; adds "parks" as a protected use which requires a 300-foot buffer; prohibits such uses in downtown Richfield, clarifies and updates several terms; and directly addresses internet-based and mail-order sales. 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 Department of Community Development at (612) 861-9760. Adopted by the City Council of the City of Richfield, Minnesota this 81" day of March, 2022. Maria Regan Gonzalez, Mayor ATTEST: Kari Sinning, City Clerk i a wu ON-00 I/ ITTIo.�b ee WA 4�4♦ pry -v.� a ¢e i� 1►a ��' ►..,►�► i �i1iw � /�� /►� a 1i _ sip+� ' .,m��►�'�il/?'C�1►��/%<, �Ii: N' 'i M��i�. 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STAFF REPORT NO. 39 CITY COUNCIL MEETING 3/8/2022 REPORT PREPARED BY: Kari Sinning, City Clerk DEPARTMENT DIRECTOR REVIEW: OTHER DEPARTMENT REVIEW: CITYMANAGER REVIEW: Katie Rodriguez, City Manager 3/3/2022 ITEM FOR COUNCIL CONSIDERATION: Consider a first reading of a transitory ordinance to reaffirm the current ward district boundaries that meet the equal population criteria. EXECUTIVE SUMMARY: During the City Manager's Report of the Regular City Council Meeting of February 22, the City Clerk gave an update on redistricting. The City Council must either confirm that the existing ward boundaries meet the equal population criteria or redraw the ward boundaries to conform to the equal population criteria (M.S. 205.84). Richfield's specific task with respect to local redistricting is to equalize the population contained within the City's three wards, this does not mean that the wards must be exactly the same population. The current wards are within the recommend 5% deviation and staff recommends to keep the same ward boundaries. Precincts are not tied to population size. However, precincts with large numbers of registered voters can become difficult to manage and can increase wait times. With the rise of absentee voting, some cities are opting to reduce the number of precincts. Staff does not recommend reducing the number of precincts to keep providing adequate access for residents to vote in person on Election Day. The polling locations are also subject to change during redistricting. The potential polling locations have been contacted and staff will follow up with Council as the confirmations of the polling locations come in. Polling locations must be within the precinct or within one mile of the precinct boundary. The city must redistrict its wards, along with its precincts, within 60 days of legislative redistricting or by March 29, 2022, whichever comes first. RECOMMENDED ACTION: By Motion: Approve first reading of the attached transitory ordinance establishing ward boundaries following the 2020 census data and conforming to redistricting requirements pursuant to Minnesota Statutes and City Charter and schedule a public hearing and second reading for March 22, 2022. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT N/A B. POLICIES (resolutions, ordinances, regulations, statutes, etch • City Charter Section 2.03 requires that within two years after each United States Census, the City Council shall by ordinance establish compact contiguous districts to be apportioned by population as nearly equal as practicable. The three districts shall be eastern, central and western Richfield with dividing lines generally north and south. C. CRITICALTIMING ISSUES: • Staff must submit the City's plan to the Secretary of State's office and Hennepin County Elections Division on or before March 29, 2022. • Ward and Precinct boundaries shall be effective for the conduct of the August 9, 2022 Primary election. D. FINANCIAL IMPACT: N/A E. LEGAL CONSIDERATION: • Minnesota State Statute 204B.135 requires the City to establish ward boundaries by March 29, 2022. • Minnesota State Statute 204B.14, subd.3c requires the City to establish precinct boundaries prior to March 29, 2022. • If the City Council does not either confirm or redraw the ward boundaries within the period specified in section 204B.135, no compensation may be paid to the Mayor or Member of the Council (MN Statute 205.84,subd 2). ALTERNATIVE RECOMMENDATION . The City Council may choose a ward district boundary modification which is different than the proposed modification. PRINCIPAL PARTIES EXPECTED AT MEETING: ATTACHMENTS: Description Type ❑ Ordinance Establishing Ward Boundaries Ordinance ❑ Ward Statistics Backup Material ❑ Precinct Plans Cover Memo ❑ Potential Polling Locations Cover Memo BILL NO. 2022- TRANSITORY ORDINANCE NO. AN ORDINANCE ESTABLISHING THE BOUNDARIES OF COUNCIL DISTRICTS PURSUANT TO SECTION 2.03 OF THE CITY CHARTER OF THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Pursuant to the provisions of Section 2.03 of the City Charter of the City of Richfield, the boundaries of the three Council Ward Districts of the City are hereby established as follows: Ward District 1 All of the City lying West of the following described "Line One": Line One is described as beginning at the intersection of the centerline of Interstate 35W and the northerly boundary of the City; thence South along the centerline of Interstate 35W to the centerline of 66th Street; thence East along the centerline of 66th Street to the centerline of Lyndale Avenue; thence South along the centerline of Lyndale Avenue to the centerline of 73rd Street; thence west along the centerline of 73rd Street to the centerline of Interstate 35W; thence South along the centerline of Interstate 35W to the south boundary line of the City and there terminating. Ward District 2 All of the City lying East of "Line One" described above and west of "Line Two" described below: Line Two is described as beginning at the intersection of the centerline of Portland Avenue and the northerly boundary of the City; thence South along the centerline of Portland Avenue to the centerline of 74th Street; thence West along the centerline of 74th Street to the centerline of 2nd Avenue South; thence South along the centerline of 2nd Avenue South to the centerline of Interstate 494 and there terminating. Ward District 3 All of the City lying East of "Line Two" described above. Sec. 2. The ward boundaries described above shall be effective for the conduct of the August 9, 2022 Primary Election. Sec. 3. This ordinance supersedes Transitory Ordinance No. 18.82. Passed by the City Council of the City of Richfield, Minnesota, this 22nd day of March, 2022. Maria Regan Gonzalez, Mayor ATTEST: Kari Sinning, City Clerk Deviation Added Deviation with 2010 2020 from Ideal Population p Added %Deviation Ward %Deviation from with Added Population Population Value of Population 12,331 Developments (ideal13,245) Population 1 11,639 12,225 106 0.86% 891 129 1% 21 11,700 1 12,437 1 -106 -0.86%1 11142 -334 -2.71% 31 11,889 1 12,332 1 -1 -0.01%1 7071 2061 1.67% Totall 35,228 1 36,994 1 L 2,740 76 215 31 0 62 I"l innea polls'0 0 U Current 49 31 37 23 25 45 47 57 48 0 43 2g 51 65 181 19 38 48 63 34 36 0 66 g0 79 97 101 91 5032 0 0 94 87 138 60 76 63 Deviation 85 0 39 45 29 54 36 51 63 57 35 34 m % 48 43 0 n 195 49 37 146 52 61 58 35 r 628 69 233 '^ 68 0 70 47 57 49 U 125 41 5 55 49 48 52 51 44 27 79 31 30 24 24 52 39 41 24 511 179 ® 89 46 32 68 42 62 11 0 C 580 27 © 52 93 141 0 00 0 84 26 50 38 49 57 42 56 37 39 0 0 0 37 53 38 19 45 58 47 49 67 61 0 49 _ 222 " 37 0 0 0 6 0 0 0 0 0 0 0 53 162 53 0 0 0127 45 35 51 53 53 46 82 36 15 34 51 35 53 45 32 55 638 289 30 37 31 58 53 68 73 22 56 46 57 29 66 57 58 61 53 57 33 37 0 0 503 60 91 59 0 0 50 47 50 0 56 43 40 36 78 46 0 24 38 55 61 0 36 55 O 48 39 38 30 57 50 22 53 46 40 53 62 43 48 31 72 59 47 39 41 55 82 84 0 31 39 24 " 0 0 276 49 49 59 49 53 50 49 43 21 57 37 58 52 49 47 48 39 57 45 53 36 50 39 55 77 33 36 57 70 38 62 66 49 37 71 60RICHFIELD 3 49 47 32 62 66 40 0 0 0 ., 110 0 163 45 66 41 53 56 47 61 52 26 38 44 61 52 47 29 30 0 71 0 73 21 37 56 38 45 39 38 62 51 49 37 47 42 58 66 40 68 33 32 47 42 56 48 55 44 56 46 -1 "�0 Edina RICHFIELD 1 5� 258 Richfield RICH FIELD 2 2 � 0 21 0 11 ao 19 87 31 51 33 30 42 39 48 30 0 41 45 58 45 40 45 58 35 42 61 41 21 64 53 46 42 52 0 46 52 63 42 79 0 87 59 60 ' 31 0 41 41 42 46 0 0 213 30 49 243 0 4" 27 19 50 41 45 39 58 51 17 53 570 ® 36 37 61 33 53 64 135 26 37 33 44 43 60 45 18 47 0 0 23 365, 66 5 23 29 39 38 28 35 29 34 52 54 51 48 39 70 63 46 42 36 41 59 78 73 49 55 55 52 46 59 57 50 34 38 43 41 63 56 50 82 84 102 76 36 25 19 96 85 0 838 81 45 44 47 32 31 62 46 29 33 65 49 42 43 41 38 44 34 67 14 40 33 35 66 41 63 58 57 45 69 47 57 50 30 52 48 40 25 44 64 55 L12 71 83 Ma layers p Y so 0 n 79 43 47 28 0 o Census Block ____ 37 34 35 3g 37 38 182 45 63 17 42 41 52 46 51 32 51 37 57 55 52 38 38 51 52 58 49 59 58 38 34 46 50 37 71 71 156 31 `07; _ : City/Town LF ®®• Precincts 199 470 0 124 33 0 47 51 ' 2012 Wards 38 37 32 40 36 O 144 0 27 41 332 57 54 43 81 34,E 39 44 38 54 38 47 40 36 51 39 42 57 40 39 42 39 51•50 53 59 57 54 45 41 41 58 59 120 O Polling Place W 76TH ST 6TH ST a Districts 34 63 45 57 0 16 26 184 42 43 72 96 131 32 33 99 48 166 35 51 41 39 92 55 40 30 75 33 42 128 0 Q Congressional_2022 31 79 342 0 W 77THST E 77TH S Census Block selection sets 0 47 1,581 0 0 0 0 0 0 0 264 0 156 44 0 763 569 239 106 0 0 7042 69 53 0 0 0 OSelection .25 .5 i1�1 zo o asa o Bloomington 0 o a 0, o 0 0 0 494 1z ° 0 �o 1 Miles 1 Draft Plan 1 Mill )00 97 91 32 49 31 37 23 25 0 0 0 62 38 0 48 10 36 O> 138 43 45 47 57 48 28 66 80 79 101 50 181 94 87 60 76 63 a 3945 29 54 36 51 63 57 233 34 195 49 52 61 58 35 3848 31 89 48 43 0 69 68 047 5749 U 125 55 4948 52 51 44 0 511 179 ' ' 24 52 3941 24 46 32 6842 62 11 0 27 � • 1 0 84 26 61 49 5742 56 37 39 222 0 0 93 1489 n 0 37 53 38 ®47 49u7 0 0 0 0 0 0 53 162 � 37 �•, 0 0 45 35 51 53 53 46 82 36 15 34 51 35 53 45 32 55 638 289 A 30 37 31 58 53 68 73 60 22 56 46 57 29 66 33 37 127 0 0 91 59 047 50 0 56 43 40 36 78 46 0 24 38 55 61 36 55 0 48 39 38 30 57 50 22 53 46 40 53 62 43 48 31 72 59 47 3941 55 82 84 0 31 39 m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6 0 0 0 0 0 0 0 0 O e 0 0 0 0 0 0 0 0 49 49 5949 53 50 49 4 57 37 58 52 49 47 48 39 21 ' , 57 53 36 50 39 55 77 33 36 57 70 38 62 66 49 37 71 60 52 45 49 47 32 62 6E> 0 0 71 73 68 0 5 66 41 53 56 47 61 52 26 38 44 61 52 47 29 30 0 258 121 37 56 38 45 39 38 62 51 49 374 33 32 47 42 56 48 42 5L-6640 5544 56 46.0 0 11 40 19 87 RICHFIELD 1 Q Richfield o� 87 31 51 33 30 42 39 48 041 45 5845 4045 58 3542 61 64 • ■ • � 46 52 63 42 79 4 `� 77 0 60 5 27 g 50 41 45 39 58 51 31�" 81 3 57Zi 0 42 46 36 37 61 33 53 135 37 33 44 43 60 45 8 4749 23 60 0 0 00 365 23 D , Map layers 2 34 52 54 51 48 76 39 25O 63 46 42�,) 19 36 41 59 78 73 49 55 55 52 �46 59 57 50 34 38 43 41 63 5 0 6 50 82 10 Census Block I ®29-33 o0©00000006 96 City/Town 31 62 46 29 33 65 49 42 43 41 38 44 34 40 33 35 66 41 63 58 57 45 69 47 57 50 30 52 48 40 25 44 64 55 E`2 71 8 ® oe Precincts 80 RICHFIELD 2 79 0 0 2012 Wards 1 35 39 37 38 182 45 63 17 42 41 52 46 67 569 51 32 51 37 57 55 5 38 38 51 52 58 49 59 58 38 43 47 28 34.46 50 37 71 156 124 RICHFIELD 33 47 51 39 51 50 53 59 Polling Place � Districts 3 37 32 40 36 O 144 0 2741 332 • 57 54 45 41 41 58 12 , 57 54 43 81 ® 39 44 38 54 38 47 4 36 51 39 42 57 40 39 42 0 0 0 0 0 0 0® THST Census Block selection sets 3 63 45 57 0 26 4243 0 166 96 32 33 99 48 35 41 39 51 92 . 75 33 42 128 Selection 342 C) W 77TH ST 184 131 E 77TH 0 69 41 1,581 i 0 0 0 0 0 0 264 n "1 nn 0 763 569 239 106 0 .4 .8 53 0 0 9,4�0. 0-L�0'—M021 CAf PER:0202fS 6iEI�1< 9 - :T�►0 I Mlles Draft Plan 2 97 91 32 L 49 31 37 23 25 0 _ p 0 62 0��■�0 138 0 0 43 45 47 57 48 28 0 5 80 79 101 50 181 38 34 49 i5 94 87 60 76 63 52 61 58 3945 29 54 36 51 63 57 233 195 35 3848 31 89 48 43 0 69 68 0 47 57 49 U 125 41 55 55 4948 52 51 44 0 511 179 • 24 52 3941 24 46 32 6842 62 11 0 0 0 93 141 89 0 84 26 61 , • � 57 42 56 37 39 222 0 0 > 0 37 53 38 47 49u7 0 0 0 0 � 53 162 37 -T 0 0 0 5 35 51 53 53 46 82 35 34 51 35 53 45 6' 132 55 638 289 � 0 n I 0 A 30 37 31 58 53 68 73 60 22 56 46 57 29 66 33 37 0 127 ' � 0 55 91 59 047 50 0 56 43 40 3 78 0 31 39 24 38 0 61 36 55 48 39 38 30 57 50 22 53 46 40 53 6243 48 31 72 5947 3941 55 82 84 (5 (545me5(5(3 1 e39®00®e (5e e5 00000000(5®o0e000ee e (500o00000000000a00 9 49 59 49 53 50 49 4 57 37 58 52 49 47 48 39 21 57 53 36 50 39 55 77 33 36 57 7 - 8 62 66 49 37 71 60 52 45 49 47 32 62 66D 0 0 6 3844 61 52 ' 71 37 73 56 38 45 39 38 62 51 49 374 68 0 - 3 32 47 42 56 48 42 546640 5544 56 5 66 41 53 56 47 61 5 : 258 21 46�0 0 1 40 19 87 Richfield p 0 77 ffiffa 1 51 33 3042 3948 041 45 5845 4045 58 3542 6 4 46 52 63 42 79 87 60 RICHFIELD 1 I 9 50 41 45 39 58 51 31 53 573 0 66' 0 0 0 0 � • ' 4246 36 37 365 °° 1 33 53 135 37 33 44 43 6045 18 47 49 ® Map layers • 23 2m0 ;S 29 4 52 54 51 48 76 39 70 63 46 42) 3641 59 78 73 49 55 55 52 46 59 57 50 34 38 43 41 63 56 50 82 10 Census BIOck iq 0 o00000000`9 96 •� City/Town 81 45 4447 32 31 2 46 29 33 65 49 42 43 41 38 44 34 40 33 35 6641 63 58 5745 694 7 SO 30 52 48 40 2S 44 64 55 • E•2 71 8 ® po Precincts 80 RICHFIELD 2 79 � 2012 Wards 4 3S 39 37 38 82 45 63 17 42 41 52 46 67 569 51 32 51 37 57 55 5 : - 8 38 51 52 58 49 59 58 38 43 47 28 34 46 50 37 71 15"' 124 RICHFIELD O Polling Place 3 37 32 40 36 0 44 0 27 41 332 33 47 51 57 54 43 81 39 44 38 54 38 47 4 - 6 51 39 42 57 40 39 42 39 S1 50 53 59 57 54 45 41 41 58 12 C Districts THST • ' Census Block selection sets 3 63 45 57 0 26 4243 0 166 96 32 33 99 48 5 41 39 51 92 , ■ 75 33 42 128 Selection 342 W 77TH ST 184 131 E 77TH 0 69 53 47 1,581 0 0 p 0 0 0 0 264 n 156 44 0 .4 .8 763 569 239 106 0 0 o asa > ca+��N U� � Miles Draft Plan 3 Minneapolis �� 0 0 215 50 49 31 37 23 25 `z 0=0=0 138 43 45 47 5748 28 0 65 66 80 79 101 m 81 34 97 9129 54 36 51 63 57 0 D 94 87 60 76 63 0 38 48 34 3685 3848 31 89 48 43 0 195 49 148 61 58 233 v 35 580 r70 47 57 49 U 125 69 41 55 55 49 48 52 51 44 m U 179 24 52 3941 68 46 32 6842 62 11 0 0 0 0 511 ®24 0 84 26 27 0 61 0 49 50 38 49 5742 56 37 39 93 14' 89 222 0 0 v 0 37 53 38 49V7 0 ®47 0 0 0 0 0 0 53 162 37 0 0 0 0 45 35 51 53 53 46 82 36 15 34 51 35 53 45 32 55 638 289 - 30 37 31 58 53 68 73 60 22 56 46 57 29 66 33 37 127 0 0 0 50 30 47 50 0 5643 40 36 78 0431 0 39 24 38 55 91 59 61 36 55 0 48 39 38 30 57 50 22 =53 46 40 53 62 43 48 31 72 59 47 3941 5582 84 9 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0�0 0 1949 5949 53 50 49 4 57 37 58 52 49 47 48 39 ' , 57 53 50 39 55 77 33 36 57 70 38 62 66 49 37 71 60 52 45 49 47 32 62 6E, U 0 163 5 6641 53 5647 61 52 26 38 44 61 52 47 29 30 0 258 71 38 62 73 68 r0 21 37 56 51 49 37 47 33 32 47 42 56 48 42 58 66 40 55 44 56 46 0 0 0 1 40 19 87 RICHFIELD 1 5 31 51 33 30 42 39 48 ® 0 41 45 0 0 40 45 58 35 42 61 64 0 46 52 6342 79 41p 77 359 87 60 27 3 Richfield 0 0 213 19 50 41 45 39 58 51 �53 51J 41 41 42 46 36 37 61 33 53 135 37 33 44 43 60 45 0 47 49 Map layers 45 23 66 0 0 0 00 , )-5 23 0o Census Block 56 v 29 34 52 5451 48 76 39 250 70 634642, 36 41 59 78 73 49 55 55 52 46 59 57 5034 38 43 41 63 50 82 102 0 City/Town 81 3 ©0008 0©00000000 96 0OoPrecincts 83 31 62 46 29 33 65 49 42 43 41 38 as 35 66 41 6 -58 57 45 69 4 57 50 30 52 48 40 25 44 6455 C52 71 83 0 0 80 0 RICHFIELD 23 � 2012 Wards 37 34 35 39 37 38 79 182 0 45 63 17 42 41 52 46 67 569 51 32 51 37 57 55 5 38 38 51 52 58 49 59 58 38 43 47 28 34 46 50 37 71 156 O Polling Place 124 RICHFIELD C Districts 38 37 32 40 36 144 0 2741 332 33 47 51 57 54 43 81 ® 44 38 54 38 47 40 36 51 39 42 57 40 39 42 57 54 45 41 41 58 120 Census Block selection sets 0000000W THST Selection ® 34 �g 63 45 57 0, 26 4243 0 166 96 32 33 gg 48 5 41 39 51 92 75 33 42 128 342 w 77TH ST 184 131 E 77TH 0 '4 '$ 0 69 53 47 1,581 0 0 15 44 0 569 239 106 0 0 Miles 0 0 0 0 0 �2021 0 CALIPE E 8T H ST 0 0 0 Precinct 1 Mt. Calvary Education Bldg — 6541 16t" Ave Precinct 2 St. Peter's Catholic Church — 6730 Nicollet Ave Precinct 3 Church of Peace — 6345 Xerxes Ave Sheridan Hills Elem — 6400 Sheridan Ave Precinct 4 St. Richard's Catholic Church — 7540 Penn Ave S Precinct 5 St. Nicholas Episcopal Church — 7227 Penn Ave S Richfield Middle School Auditorium Foyer — 7461 Oliver Ave Church of Christ — 7314 Humboldt Ave Precinct 6 Berea Lutheran Church — 7538 Emerson Ave Bethel's Rock Church — 7601 Girard Ave Assumption Catholic Church — 305 E 77t" St Central School — 7145 Harriet Ave Precinct 7 Richfield Community Center — 7000 Nicollet Ave Hope Presbyterian Church — 7132 Portland Ave Precinct 8 Crowne Pointe Church — 7121 Bloomington Ave STEM School — 7020 12t" Ave RDLS — 7001 Elliot Ave Precinct 9 House of Prayer — 7625 Chicago Ave Centennial School — 7315 Bloomington Ave AGENDA SECTON: RESOLU110NS AGENDA ITEM # 7. STAFF REPORT NO.40 CITY COUNCIL MEETING 3/8/2022 REPORT PREPARED BY: Krista Guzman, HR Manager DEPARTMENT DIRECTOR REVIEW: OTHER DEPARTMENT REVIEW: N/A CITYMANAGER REVIEW: Katie Rodriguez 3/1 /2022 ITEM FOR COUNCIL CONSIDERATION: Consider the approval of a resolution modifying the Health Care Savings Plan for Council Members. EXECUTIVE SUMMARY: A post -employment Health Care Savings Plan (HCSP), offered and administered by the Minnesota State Retirement System (MSRS) to eligible government employees, was established by the City Council for the Mayor and Council Members on March 28, 2006. Under the terms of the current plan, $75 (roughly 15% of a councilmembers salary) of the member's base biweekly wage is deposited into their HCSP. Since the establishment of the plan in March 2006, the plan has been modified twice, in 2009 and 2016, and plan terms may be changed once every two years. Council discussed possible changes to the contribution amount at the January 25 Work Session and directed staff to prepare a resolution to consider amending the contribution to $50. If a majority of the City Council wishes to make an adjustment to the contribution formula, either by decreasing the flat rate amount or allocating a percentage of biweekly salary, it can do so via the attached resolution. Any adjustment must be approved by a majority of the City Council and will be mandatory for all Council Members. RECOMMENDED ACTION: By Motion: Adopt a resolution modifying the Health Care Savings Plan for Council Members. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT Post -employment health care savings plan (HCSP) is an employer- sponsored program that allows employees to save money to pay medical expenses and/ or health insurance premiums after termination of public service. Employees are able to choose among different investment options provided by the State Board of Investment. Assets contributed into the program are tax free, accumulate tax free, and if used for medical expenses, remain tax-free. Legal authority to establish such plans is provided through Minn. Stat. 352. 98, and Internal Revenue Service rulings. The establishment of each plan, including the contribution formula, must be negotiated when dealing with a collective bargaining unit, or adopted as a personnel policy when non- union employees are involved. Once established, the plan must be filed with the MSRS to initiate the program and any subsequent changes must be filed with and implemented by the MSRS. In 2001 the Minnesota legislature granted authority to the Minnesota State Retirement System (MSRS) to offer a post employment health care savings plan to eligible employees of the State of Minnesota and other governmental subdivisions. MSRS was authorized to administer these plans after they were adopted by governmental subdivisions throughout the state. B. POLICIES (resolutions, ordinances, regulations, statutes, etch The state statutes have been amended to provide the opportunity for a very valuable benefit to city employees. The City of Richfield has pursued this benefit with employee groups that are interested in such a mandatory plan. Approval by the City Council of the attached resolution will provide the City authority to proceed with this modified program for Richfield City Council members who are not represented by a collective bargaining unit. C. CRITICALTIMING ISSUES: • There is no time critical issue pertaining to the implementation of this plan. • After City Council approval, the modified plan must be submitted to MSRS for filing and implementation. • Once the plan has been modified, no further changes can be made for two years. D. FINANCIAL IMPACT: There is no cost to the City in this version of the plan since the City makes no contribution. In fact there is a cost savings to the City in that wages and severance pay that the employee contributes to the Health Care Savings plan are not subject to Social Security or Medicare contributions. The plan provides a great tax savings to the participating employees and provides a tax mechanism to fund post retirement/post employment medical costs. E. LEGAL CONSIDERATION: There is legal authority for this plan in Minnesota Statutes and I RS Code. ALTERNATIVE RECOMMENDATION . The City Council could decide not to approve any plan change. If so, the current plan would remain in effect. PRINCIPAL PARTIES EXPECTED AT MEETING: None ATTACHMENTS: Description Type ❑ HCSP Resolution- Council Resolution Letter HCSP Council 2022 Backup Material RESOLUTION NO. RESOLUTION AMENDING THE CITY COUNCIL POST EMPLOYMENT HEALTH CARE SAVINGS PLAN WHEREAS, Laws of Minnesota 2001, chapter 352.98, authorizes the Minnesota State Retirement System (MSRS) to offer a Post Retirement Health Care Savings Plan (Plan) program to state employees, as well as other governmental subdivisions; and WHEREAS, the Internal Revenue Service Code provides for such Plans; and WHEREAS, the City of Richfield is interested in offering the Plan to eligible City employees as a tax free method for employees to set aside money to cover the ever increasing costs of health insurance and medical costs after termination of public employment; and WHEREAS, such plans must be established by the employee group, either through a collective bargaining agreement for union employees or a personnel policy for employees not covered by a collective bargaining agreement; and WHEREAS, modifications to the provisions of an established Plan for the Richfield City Council have been agreed to by the members of the City Council. An eligible Council Member will contribute $50 of their base biweekly wage to the Council Member's account in the HCSP NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Richfield hereby approves amending the Personnel Policy establishing a Health Care Savings Plan for the City Council employees. Adopted by the City Council of the City of Richfield, Minnesota this Bch day of March, 2022. Maria Regan Gonzalez, Mayor ATTEST: Kari Sinning, City Clerk Policy: Richfield City Council Employment Health Care Savings Plan Approved by: Richfield City Council on March 8, 2022 Effective Date: March 14, 2022 Page: 1 of Plan Purpose The Richfield City Council is interested in establishing a means for eligible Council Members to participate in a mandatory program to help defray some of the costs of post employment health related expenses, including health insurance premiums, using pre-tax dollars. Participation in the Post Employment Health Care Savings Plan, administered by the Minnesota State Retirement System (MSRS), is intended to provide an opportunity to accomplish that goal. Post Employment The Post Employment Health Care Savings Plan (HCSP) is an Health Care Employer sponsored program that allows eligible employees and elected Savings Plan officials to defer a portion of their biweekly salary for deposit into their HCSP for the payment of qualified healthcare -related expenses after separation from City service. Council Members will be able to choose among several different investment options provided by the Minnesota State Board of Investment. Under the Plan, amounts contributed into the HCSP are tax-free and not subject to FICA contributions. Assets in the HCSP accumulate tax-free and since payouts are used for qualifying medical expenses, they remain tax-free. Eligibility to Participation in the Richfield City Council Members' HCSP is Participate mandatory for all elected officials of the Richfield City Council until the time of termination public service. Contribution Mandatory participation in the HCSP shall be in accordance with, and Formula limited to the following formula for contribution: I. Biweekly Contribution 1. An eligible Council Member will contribute $50 of their base biweekly wage to the Council Member's account in the HCSP. HCSP The HCSP is authorized under the Internal Revenue Code and is Administration administered by the Minnesota State Retirement System.