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042611completeagendaCITY OF RICHFIELD, MINNESOTA TUESDAY, APRIL 26, 2011 SPECIAL CITY COUNCIL WORKSESSION CITY HALL COUNCIL CHAMBERS 6700 PORTLAND AVENUE 5:30 P.M. AGENDA Call to order Roll call Discussion regarding City street and sidewalk condition and reconstruction and funding sources, including review of franchise fees (Council Memo No. 47) Notes: Adjournment REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS 6700 PORTLAND AVENUE 7:00 P.M. AGENDA INTRODUCTORY PROCEEDINGS Call to order - Roll-call 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. Notes: Pledge of Allegiance Approval of minutes of (1) Special City Council Worksession of April 12, 2011 and (2) Regular City Council Meeting of April 12,-2011 PRESENTATION 1. Presentation of Richfield Tourism Promotion Board, Inc. financial report for year ended December 31, 2010 COUNCIL DISCUSSION 2. Council discussion • Hats Off to Hometown Hits Notes: AGENDA APPROVAL 3. Council approval of agenda CONSENT CALENDAR 4. Consent Calendar contains several separate items, which are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action is necessary. However, any Council Member may request that an item be removed from the Consent Calendar and placed on the regular agenda for Council discussion and action. All items listed on the Consent Calendar are recommended for approval. A. Consideration of approval of resolutions adjusting City's municipal state aid street network S.R. No. 86 B. Consideration of approval of resolution affirming monetary limits on statutory municipality tort liability S.R. No. 87 C. Consideration of approval of resolution accepting grants and donations received by Richfield Recreation Services Department S.R. No. 88 D. Consideration of approval of memorandum of understanding between City of Bloomington and any Richfield entities who will agree to support goal of alternative methods of dispensing preventive medication to entire population within 48 hours S.R. No. 89 E. Consideration of approval of award of contract to North Star Tree Care for diseased boulevard tree removal for amount not to exceed $99,000 S.R. No. 90 Notes: 5. Consideration of items, if any, removed from Consent Calendar Notes: PROPOSED ORDINANCE 6. Consideration of second reading of ordinance amending Zoning Code regulations related to setback encroachments for bay windows, placement of fences, certification requirements for massage therapy practitioners, size of permitted businesses in Neighborhood Commercial District, setbacks related to Two-Family District properties, medical clinics as permitted use in General Commercial District, sign permit expiration dates, number of temporary banner signs allowed, number of temporary sign permits permitted per year, and number of corrections and clarifications and resolution authorizing summary publication of ordinance amendments Staff Report No. 91 Notes: RESOLUTIO 7. Consideration of resolution awarding sale of $1,490,000 General Obligation Water Revenue Bonds, Series 2011A Staff Report No. 92 Notes: CITY MANAGER'S REPORT 8. City Manager's~report Notes: 9. Claims and payrolls Open forum (additional 15 minutes if more time. needed after first Open Forum and by majority vote of the City Council) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to bean 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. Notes: 10.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. richfield: Apri12011 Page 1 of 1 City of ~hfiel aledr Calendars Net Navigate: 201Ci Jan Feb Mar Apr Mav Jun Jul- Aug_ Sep Oct Nov Dec 2012 Apri12011 N~v~~~ ~ T~sd~~ ~~~~~~~~ Tur~~~. ~~~ 2f1 :'Car Zt~ 3t) 31 1 Apr 7 PM Planning Commission S Ci 7 ~ 11:30a Richfield Tourism 7PM Transportation 7:OOp Arts Commission Promotion Board @ Commission Meeting @ 7000 Nicollet Avenue 6601 Lyndale Avenue, CANCELED Suite 106 7:OOp Human Rights Commission @ Community Center 11 12 1.3 I4 1 `~ 5:30 PM Special City Council Worksession 7 PM Regular City Council Meeting 1 ~ 1~) 20 21 22 6:OOp Advisory Board of 7PM Community 7:OOp Friendship City Health Services Commisson Commission 6:30 PM Special HRA Meeting @ Community Worksession Center 7 PM Regular HRA Meeting 2; 26 27 ?8 29 5:30p Human Services 5:30 P.M. Special City Planning Council Council Worksession 6 PM Special Planning Commission 7PM City Council Worksession Meeting 7PM Regular Planning Commission CANCELED E)ispiay: Year Month Week I~ay Block List Condensed Abs Slide Calendars: Search Add Events: Qaily_ Duration Periodic Acfrninister: This Calendar All meetings held at City Hall (6700 Portland Avenue) unless indicated otherwise Galendars_Net free online interactive web calendars http://www.my.calendars.netlrichfield 4/21/2011 CITY COUNCIL MINUTES ~ Richfield, Minnesota Special Worksession April 12, 2011 CALL TO ORDER The meeting was called to order by Mayor Goettel at 5:30 p.m. ROLL CALL Council Members Debbie Goettel, Mayor; Fred Wroge; Sue Sandahl; Pat Elliott; and Tom Present: Fitzhenry. Staff Present: Steven L. Devich, City Manager; John Stark, Community Development Director; Mike Eastling, Public Works Director; Jim Topitzhofer, Recreation Services Director; Jeff Pearson, Transportation Engineer; Kristin Asher, City Engineer; Karen Barton, Community Development Manager; and Cheryl Krumholz, Recording Secretary. Item # 1 DISCUSSION WITH WELLINGTON MANAGEMENT, INC. REGARDING PRELIMINARY PROPOSAL FOR REDEVELOPMENT OF FORMER KMART SITE, 66T" STREET AND LYNDALE AVENUE (COUNCIL MEMO NO. 39) Steve Wellington, Wellington Management, Inc., discussed a preliminary proposal for the redevelopment of the former Kmart site at the northeast corner of 66t /Lyndale. The proposal included three buildings - L.A. Fitness, Goodwill Easter Seal and one yet to be determined, which City staff has expressed a desire for a restaurant. Mr. Wellington stated that at this point, no public financing assistance is requested. He hoped the City Council would support the preliminary proposal to proceed and determine it consistent with the City's plan. Goodwill representatives discussed their organization and operations. Mayor Goettel stated she was under whelmed with the Goodwill proposal and suggested that the building be considered in another area, including the Cornerstone project at the Lyndale Garden Center site. Council Member Wroge expressed support for the proposal, including Goodwill. Mr. Wellington discussed the factors related to restaurant identity, including impacts of location, signage and parking. Community Development Manager Barton stated the value of the site significantly increases with the Wellington project. Special Worksession Minutes -2- April 12, 2011 Council Member Fitzhenry expressed concern regarding the nearness of the railroad tracks to the fitness center. Council Member Sandahl expressed support for the proposal. She also encouraged significant landscaping and easy access. Mayor Goettel encouraged Mr. Wellington to talk with Cornerstone Group regarding the Lyndale Garden Center site redevelopment. Mr. Wellington stated the proposal is a single level development. Community Development Director Stark explained the process if the City Council desired to proceed. Mr. Wellington concluded that enhanced amenities may result in considering financial assistance from the City. Council Member Elliott expressed his enthusiasm for the project as a good fit for the site with the best solution in a cost effective manner. Item # 2 DISCUSSION WITH THREE RIVERS PARK DISTRICT REGARDING INTERCITY REGIONAL TRAIL (COUNCIL MEMO NO. 40) Kelly Grissman, Senior Manager of Planning, discussed the details of the Three Rivers Park District Intercity Regional Trail, proposed alignment and public involvement process. Item # 3 DISCUSSION REGARDING PROPOSED MN/DOT PROJECTS RELATED TO 1- 494 (COUNCIL MEMO NO. 40) Transportation Engineer Pearson presented a synopsis of three projects that Mn/DOT is proposing for November 2012 letting. The projects are as follows: • Bituminous mill and overlay of I-494 from approximately France Avenue to 34th Avenue • Construction of an auxiliary lane on westbound I-494 starting at I-35W and ending with tie into the existing auxiliary lane at France Avenue. • The replacement of the existing Xerxes Avenue Bridge over I-494 Several key issues involved with these projects and how they impact past and future projects along the corridor were discussed. ADJOURNMENT The meeting was adjourned by unanimous consent at 6:52 p.m. Date Approved: April 26, 2011 Debbie Goettel Mayor Cheryl Krumholz Recording Secretary Steven L. Devich City Manager J CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting April 12, 2011 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:00 p.m. ROLL CALL Members Present: Debbie Goettel, Mayor; Sue Sandahl; Fred Wroge; Pat Elliott; and Tom Fitzhenry. Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; Barry Fritz, Public,Safety Director/Chief; Jim Topitzhofer, Recreation Services Director; John Stark, Community Development Director; Brad Sveum, Fire Chief; Chris Regis, Finance Manager; Pam Dmytrenko, Assistant to City Manager; Corrine Heine, City Attorney; and Cheryl Krumholz, Recording Secretary. OPEN FORUM Chuck Strauch, 6601 Emerson, stated he was representing neighbors with concerns regarding bus "park and riders" parking on Emerson. He requested timed parking signs be installed. The City Council requested staff review this issue. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Sandahl, S/Wroge to approve the minutes of (1) Special City Council Meeting of March 21, 2011; (2) Special City Council/Housing and Redevelopment Authority/Planning Commission Council Meeting Minutes -2- April 12, 2011 Worksession of March 21, 2011; (3) Special City Council Worksession of March 22. 2011; and (~ Regular City Council Meeting of March 22, 2011. Motion carried 5-0. Item #1 PRESENTATION OF CERTIFICATES OF APPRECIATION TO MISS RICHFIELD AMBASSADORS AND JUNIOR AMBASSADORS Mayor Goettel and Judy Boaar, Richfield Ambassador Committee representative, presented the certificates. Item #2 PRESENTATION OF 2010 FOOD SAFETY AWARDS BY RICHFIELD ADVISORY BOARD OF HEALTH Jennifer Turrentine, Advisory Board of Health Chair, presented the following Food Safety Awards: Full Service Restaurant: Winner - .Minneapolis Richfield American Legion Post #435 - 6501 Portland Avenue Nominee -Fred Babcock VFW Post #5555 - 6715 Lake Shore Drive Nominee -Broadway Pizza - 7514 Lyndale Avenue Nominee -Boston Market #1107 - 700 W. 78`" Street Nominee -Old Country Buffet - 9 East 66t" Street Fast Food/Pizza Carry Out/Cafeteria: Winner - Wendy's Four Crown - 6500 Lyndale Avenue Nominee - Arbys - 7744 5t" Avenue Nominee -Burger King - 96 West 66t" Street Nominee -Taco Bell #965 - 2208 West 66t" Street Retail Grocery: Winner -Rainbow Foods - 140 West 66t" Street Nominee -Target - 6445 Richfield Parkway Item #3 ANNUAL MEETING WITH ADVISORY BOARD OF HEALTH Jennifer Turrentine, Advisory Board of Health Chair, provided a report on the Board's activities and goals. Item #4 PRESENTATION OF PROCLAMATION DESIGNATING EARTH DAY/ARBOR MONTH Mayor Goettel presented the proclamation to Recreation Services Director Topitzhofer. Council Meeting Minutes -3- April 12, 2011 Item #5 PRESENTATION REGARDING KICK-OFF FOR NEW "TOBACCO FREE GROUNDS" PARK ORDINANCE Recreation Services Director Topitzhofer made the presentation. Item #6 COUNCIL DISCUSSION • HOMELESS YOUTH IN SUBURBIA FORUM -LEAGUE OF WOMEN VOTERS (KAREN JENKINS) • INSTALLATION OF LIGHT SHELVES IN MUNICIPAL CENTER • HATS OFF TO HOMETOWN HITS Karen Jenkins, League of Women Voters, announced the Homeless Youth in Suburbia forum on Saturday, April 30 at the Bloomington Civic Plaza. City Manager Devich requested direction from the City Council regarding installation of the light shelves in the Municipal Center. Mayor Goettel, Council Member Sandahl and Council Member Fitzhenry spoke in support of the light shelves because of their filtering light, extending light into the area and being a component of the project. Council Member Wroge and Council Member Elliott suggested waiting to install the light shelves to see if they are necessary after being in the building awhile. Council Member Wroge mentioned maintenance concerns and Council Member Elliott mentioned the shelves are an additional expense. M/Sandahl, S/Goettel to approve installation of the light shelves in the Municipal Center. Motion carried 3-2. (Wroge and Elliott opposed.) Public Safety Director/Chief Fritz announced the upcoming Cinco de Mayo event in Veterans Memorial Park. Council Member Wroge requested an update on the status of the revised garbage can ordinance. Public Safety Director/Chief Fritz responded that the ordinance, as well as the revised animal ordinance are in draft form and will be presented to the City Council soon. Council Member Wroge requested future consideration of establishing an ordinance to address people carrying business signs along streets due to causing traffic distractions. City Attorney Heine will review this matter and provide information to the City Council. Council Member Wroge requested the City's sidewalk snow plowing be re-examined to determine if best interests are being served. He expressed concern regarding property damage and safety when sidewalks are plowed by City equipment since clearing of snow is not down to the cement. He suggested a discussion with the public to discuss doing their own sidewalk shoveling except maybe along Lyndale, Nicollet, Penn and Portland Avenues. Council Meeting Minutes -4- April 12, 2011 Council Member Elliott stated there should be no exceptions if residents do their own sidewalk shoveling. Public Works Director Eastling responded that this matter could be discussed at a future City Council worksession. Council Member Sandahl announced the Edina League of Women Voters forum on April 14 .regarding garbage collection. Council Member Fitzhenry acknowledged the recent successful Beyond the Yellow Ribbon kick-off and the next meeting on April 25 at the American Legion. Council Member Fitzhenry acknowledged the death of Richfield resident Sherman Booen. Council Member Fitzhenry announced the need for additional Police Reserves and encouraged contacting the Public Safety Department. Item #7 COUNCIL APPROVAL OF AGENDA M/Wroge, S/Sandahl to approve the agenda. Motion carried 5-0. Item #8 CONSENT CALENDAR A. Consideration of approval of first reading of ordinance amending Zoning Code regulations related to setback encroachments for bay windows, placement of fences, certification .requirements for massage therapy practitioners, size of permitted businesses in Neighborhood Commercial District, setbacks related to Two-Family District properties, medical clinics as permitted use in General Commercial District, sign permit expiration dates, number of temporary banner signs allowed, number of temporary sign permits permitted per year, and number of corrections and clarifications S.R. No. 76 B. Consideration of approval of agreement for management services with Wheel Fun Rentals, LLC to provide management services for Adventure Gardens Mini-Golf S.R. No. 77 C. Consideration of approval of bids in amount of $223,088.50 for audiovisual information display components in Richfield Municipal Center and award contract to Graybow Communications for training room and digital signage AV system project in amount of $90,096.46 and Alpha Video & Audio for control room and Council Chamber project in amount of $132,992.04 S.R. No. 78 D. Consideration of approval of canceling Tuesday, May 24, 2011 Regular City Council Meeting at 7 p.m. S.R. No. 79 E. Consideration of approval of Richfield Municipal Center change order report for aggregate net effect of reduction of $3,822 in items included within project budget S.R. No. 80 M/Goettel, S/Wroge to approve the Consent Calendar. Motion carried 5-0. Council Meeting Minutes -5- April 12, 2011 Item #9 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR None. Item #10 PUBLIC HEARING REGARDING ISSUANCE OF NEW ON-SALE INTOXICATING AND SUNDAY LIQUOR LICENSES FOR RICHFIELD HOTEL ASSOCIATION D/B/A RAMADA, 7745 LYNDALE AVENUE (STAFF REPORT NO. 81) Council Member Wroge presented Staff Report No. 81. M/Wroge, S/Sandahl to close public hearing. Motion carried 5-0. M/Wroge, S/Goettel to approve the issuance of a new on-sale intoxicating and Sunday liquor licenses for Richfield Hotel Association d/b/a Ramada, 7745 Lyndale Avenue. Motion carried 5-0. Item #11 PUBLIC HEARING AND SECOND READING OF TRANSITORY ORDINANCE AUTHORIZING PLANNING, DESIGN AND REHABILIATION OF LOGAN AVENUE WATER TOWER, 7420 LOGAN AVENUE, AND RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF TRANSITORY ORDINANCE (STAFF REPORT NO. 82) Council Member Elliott presented Staff Report No. 82. M/Goettel, S/Wroge to close public hearing. Motion carried 5-0. M/Elliott, S/V1/roge that this constitutes the second reading of Bill No. 2011-12 authorizing planning, design and rehabilitation of Logan Avenue Water Tower, 7420 Logan Avenue and resolution authorizing summary publication of transitory ordinance: RESOLUTION NO. 10497 RESOLUTION APPROVING SUMMARY PUBLICATION OF A TRANSITORY ORDINANCE APPROVING A CAPITAL IMPROVEMENT PROJECT FOR THE PLANNING, DESIGN AND REHABILITATION OF THE LOGAN AVENUE WATER TOWER PURSUAINT TO RICHFIELD CITY CHARTER SECTION 8.04 Motion carried 5-0. This resolution appears as Resolution No. 10497. Council Meeting Minutes -6- April 12, 2011 Item #12 CONSIDERATION OF RESOLUTION PROVIDING FOR SALE OF $1,490,000 GENERAL OBLIGATION WATER REVENUE BONDS, SERIES 2011A (STAFF REPORT NO. 83) Council Member Sandahl presented Staff Report No. 83. M/Sandahl, S/Goettel that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10498 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF GENERAL OBLIGATION SEWER REVENUE BONDS, SERIES 2011A, IN THE APPROXIMATE AGGREGATE PRINCIPAL AMOUNT OF $1,490,000 Motion carried 5-0. This resolution appears as Resolution No. 10498. Item #13 CONSIDERATION OF RIGHT-OF-ENTRY AND STANDSTILL AGREEMENT FOR USE OF NORTHERN HALF OF 7700 PILLSBURY AVENUE, FORMER CITY PUBLIC WORKS MAINTENANCE FACILITY, BY RON CLARK CONSTRUCTION AND DESIGN COMPANY (STAFF REPORT NO. 84) Council Member Fitzhenry presented Staff Report No. 84. Council Member Elliott stated that with this agreement, the City has no right to market the site for 21 months but there should be an administrative no option fee. Community Development Director Stark discussed a market analysis related to trends related to for-sale townhomes and condominiums and the Minnesota Housing and Funding Agency's (MHFA) funding source process. Council Member Wroge stated he was not in favor of the agreement. Community Development Director Stark explained the financial impacts related to the City and HRA properties. Ron Clark, Ron Clark Construction and Design Company, discussed the financing and marketing analysis. He also discussed the Minnesota Housing and Funding Agency's (MHFA) application process. The City Council requested a City Council Worksession to discuss locations within the City for move-up housing density. M/Fitzhenry, S/Sandhal to approve aright-of-entry and standstill agreement for use of northern half of 7700 Pillsbury Avenue, former City Public Works Maintenance Facility, by Ron Clark Construction and Design Company. Motion carried 5-0. Council Meeting Minutes -7- April 12, 2011 Item #14 CONSIDERATION OF RESOLUTION APPROVING CONTRACT WITH INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 1215 FOR CONTRACT PERIOD JANUARY 1, 2011 THROUGH DECEMBER 31, 2011 (STAFF REPORT NO. 85) Council Member Wroge presented Staff Report No. 85. M/Wroge, S/Fitzhenry that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10499 RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF), LOCAL 1215 BARGAINING UNIT FOR THE YEAR 2011 Motion carried 5-0. This resolution appears as Resolution No. 10499. Item #15 CONSIDERATION OF DISCIPLINARY HEARING FOR HKD LO, INC., D/B/A JUN BO CHINESE RESTAURANT, 7717 NICOLLET AVENUE, REGARDING RESOLUTION IMPOSING CIVIL ENFORCEMENT FOR SALE OF ALCOHOL TO UNDERAGE YOUTH (STAFF REPORT NO. 86) Council Member Elliott presented Staff Report No. 86. HKD Lo, Inc. d/b/a Jun Bo Chinese - 7717 Portland Avenue -Boris Parker, Jun Bo attorney, admitted that the May 9, 2010 violation occurred and agreed to the suspension of Jun Bo's liquor license and the civil penalty. Mr. Parker stated Jun Bo denies the March 28, 2011 violation occurred and requested time to proceed with an investigation. - City Attorney Heine explained the two other past violations resulting in a dismissal of the disciplinary charges. M/Goettel, S/Wroge~to close the disciplinary hearing. Motion carried 5-0. M/Elliott, S/Sandahl that the following resolution related to May 9, 2010 be adopted and that it be made part of these minutes: RESOLUTION NO. 10500 A RESOLUTION SUSPENDING THE ON-SALE INTOXICATING AND SUNDAY LIQUOR LICENSES FOR HKD, INC., D/B/A JUN BO CHINESE RESTAURANT, 7717 NICOLLET AVENUE SOUTH, AND IMPOSING A CIVIL PENALTY FOR FIRST TIME ALCOHOL COMPLIANCE FAILURE Council Meeting Minutes -8- April 12, 2011 and to continue the disciplinary hearing regarding the resolution imposing civil enforcement on HKD Lo, Inc. d/b/a Jun Bo Chinese Restaurant, 7717 Nicollet Avenue, for March 28, 2011 pending the decision of the administrative hearing. Motion carried 5-0. Item #16 CONSIDERATION OF RESOLUTION DENYING RENEWAL OF 2011 ON- SALE INTOXICATING AND SUNDAY LIQUOR LICENSES FOR HKD LO, INC. D/B/A JUN BO CHINESE RESTAURANT, 7717 NICOLLET AVENUE (STAFF REPORT NO. 87) Mayor Goettel presented Staff Report No. 87. Boris Parker, Jun Bo attorney, presented a proposal to the City Council that Jun Bo's liquor licenses be renewed up to and through September 30, 2011 with the following conditions: no minors in the establishment after specific hours; correct ratio of security personnel to patrons; hire two off-duty police officers; escrowed and pay tax amounts determined by MN Tax Court opinion. Mr. Parker added the real estate has been sold at a loss but Jun Bo is leasing the site. Mr. Parker explained Jun Bo's response to the delinquent taxes and alleged liquor sales to minors and the number of police incidents. He stated if the City Council decision is deny the liquor license renewal, he requested the decision be submitted to an Administrative Law Judge for fact finding. M/Wroge, S/Sandahl to close the public hearing. Motion carried 5-0. Mayor Goettel stated she would not support the renewal because of the significant violations putting people at risk and the continued misuse of City resources. M/Goettel, S/Wroge that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10502 A RESOLUTION DENYING RENEWAL OF THE ON-SALE INTOXICATING AND SUNDAY LIQUOR LICENSES FOR HKD, INC., D/B/A JUN BO CHINESE RESTAURANT, 7717 NICOLLET AVENUE SOUTH Council Member Wroge stated he did not support the license renewal-due to the sale to minor violations, tax issues and lack of following City ordinances. Council Member Sandahl read the reasons stated in the resolution denying the license renewal. She added the establishment is not an asset to the community. Council Member Fitzhenry stated a liquor license is a privilege not a right. Council Member Elliott stated continued incidents at Jun Bo does not meet the City's needs. Motion carried 5-0. Council Meeting Minutes -9- April 12, 2011 City Attorney Heine requested the City Council determine the effective date of the resolution to deny. M/Goettel, S/Sandahl to approve the effective date of Agril 13, 2011 at 12:01 a.m. Motion carried 5-0. staff. Mr. Parker requested a motion to stay to appeal the decision and submit documentation to Item #17 DISCUSSION REGARDING CITY COUNCIL'S DESIRED APPROACH TO NOTIFY PUBLIC ABOUT COMMUNITY SERVICES COMMISSION RECOMMENDED SKATE PARK CONCEPT FOR AUGSBURG PARK (STAFF REPORT NO. 88) Council Member Sandahl presented Staff Report No. 88. Council Member Wroge stated he supported the building of the skatepark but not at Augsburg Park, especially with the removal of a mature oak tree. He asked Recreation Services Director Topitzhofer for his comments on the location. Recreation Services Director Topitzhofer explained that the Community Services Commission reviewed the various sites and criteria and recommended the Augsburg Park due to its central location and proximity to school. He said as staff he needs to respect the Community Services Commission recommendation. He continued that as Recreation Services Director, he has concerns regarding Augsburg Park and would prefer another location, specifically Roosevelt Park, which the Community Services Commission knows but the selection committee selected Augsburg Park. M/Sandahl, S/Goettel to schedule a public hearing for the next City Council Meeting regarding the skatepark concept at Augsburg Park. Motion carried 5-0. Item #18 CITY MANAGER'S REPORT • Fire Chief retirement and replacement City Manager Devich announced the retirement of Fire Chief Brad Sveum, effective on June 29, 2011. He added that his intent is to present an internal recruitment process to the Civil Service Commission. The City Manager makes the selection and recommendation of Department Directors and the City Council ratifies the appointment. The City Council agreed to an internal recruitment process for Fire Chief. Item #19 CLAIMS AND PAYROLLS Council Meeting Minutes -10- April 12, 2011 M/Wroge, S/Sandahl that the following claims and payrolls be approved: U.S. Bank 4/12/2011 A/P Checks: 202506-202906 $ 1,370,341.25 Payroll: 74095-74406 41848-41849 $ 548,869.47 TOTAL $ 1,919,210.72 Motion carried 5-0. OPEN FORUM None. Item #20 SPECIAL CITY COUNCIL CLOSED EXECUTIVE SESSION IN EXECUTIVE CONFERENCE ROOM REGARDING CITY COUNCIL ANNUAL PERFORMANCE EVALUATION Mayor Goettel stated the City Council would be conducting a closed executive session in the Executive Conference Room to conduct the City Manager's annual performance evaluation. The City Council would return to the open meeting in the Chambers to provide a summary of the closed session. The City Council went into closed session at 9:55 p.m. Members Present: Debbie Goettel, Mayor; Sue Sandahl; Fred Wroge; Pat Elliott; and Tom Fitzhenry. Staff Present: Steven L. Devich, City Manager The Closed Executive Session was convened pursuarit to M.S. 13D.05. Item #21 RECONVENE REGULAR CITY COUNCIL MEETING IN COUNCIL CHAMBERS The City Council open meeting reconvened at 10:30 p.m. Item #22 SUMMARY REPORT OF CITY MANAGER ANNUAL PERFORMANCE EVALUATION FOR 2010 AND CONSIDERATION OF RESOLUTION AMENDING EMPLOYMENT AGREEMENT BETWEEN CITY OF RICHFIELD AND CITY MANAGER STEVEN L. DEVICH FOR 2011 (STAFF REPORT NO. 89) The City Council thanked the City Manager for his positive management of the organization, including budget considerations. Council Meeting Minutes -11- April 12, 2011 The City Council approved an increase in the City Manager's compensation of 2% in 2011, which is the same as other City staff. M/Fitzhenry, S/Wroge that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10503 RESOLUTION AMENDING THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF RICHFIELD AND STEVEN L. DEVICH, CITY MANAGER Motion carried 5-0. ADJOURNMENT The City Council meeting was adjourned by unanimous consent at 10:35 p.m. Date Approved: April 26, 2011 Debbie Goettel Mayor Cheryl Krumholz Steven L. Devich Recording Secretary City Manager AGENDA SECTION: CONSENT AGENDA ITEM # 4A REPORT # 86 STAFF REPORT CITY COUNCIL MEETING APRIL 26, 2011 REPORT PREPARED BY: DERICK ANDERSON, CIVIL ENGINEER NAME, DEPARTMENT DIRECTOR REVIEW: ~~ REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of resolutions to adjust the City's Municipal State Aid Street (MBAs) network. I. RECOMMENDED ACTION: By Motion: 1. Adopt a resolution revoking Mun icipal State Aide designation for the following City streets: MSA # Street Name Limit 157-105 65th Street Nicollet Avenue to 1st Avenue 157-105 1st Avenue 65th Street to 67th Street 157-106 67th Street Lyndale Avenue to Nicollet Avenue 157-114 .Diagonal Boulevard Bloomington Avenue to 18th Avenue 157-361 76th Street 77th Street to Portland Avenue 157-368 Bloomington Avenue 77th Street to 76th Street 2. Adopt a resolution for Municipal State Aid designation of the following City streets: MSA # Street Name Limits 157-106 67th Street 12th Avenue to Bloomington Avenue 157-371 68th Street Lyndale Avenue to Portland Avenue 157-372 Logan Avenue 63rd Street to 66th Street 157-373 -63rd Street Penn Avenue to Logan Avenue 0426MSA Resolutions IL BACKGROUND City may adjust route designation to maximize annual allotment Municipal State Aid (MSA) rules allow cities to adjust the designation of MSA routes within the city in order to maximize the annual MSA allotment (over $1.1 M in 2010). City staff is recommending changes in MSA route designation in order to maximize the annual MSA allotment. Municipal State Aid Street Desi_ nq ation Municipal State Aid (MSA) rules state that 20% of city streets are eligible for designation as MSA routes. MSA designated roads which are older than 20 years earn State Aid "Needs" for the purpose of determining the annual allotment. Proposed Needs Map Adjustments The Needs Map adjustments are proposed to maximize the annual allotment. These changes are suggested primarily because of the following: • The reconstruction of portions of 76th Street and Diagonal Avenue (associated with the Met Council project) will make this. mileage ineligible to earn Needs dollars for 20 years. • Minor adjustments were made to meet the MSA Rules requirement that a MSA street must connect to other MSA routes, County roads, or major arterials. • The Commissioner of Transportation (Mn/DOT) has requested that the City review their non-existing roads and remove any that are unlikely to ever be built (i.e., 67t" Street between Nicollet & Lyndale) Designation Process Annually the City reviews the Needs Map for any designation changes. Staff suggests re-designating the portions of 76t" Street and Diagonal that would be reconstructed as part of the Met Council Sewer along with. the other adjustments mentioned above. At the Transportation Commission's October 6, 2010 meeting a re-designation was discussed and potential replacement routes were recommended by the Commission. Subsequently, staff worked with the City street mileage to optimize the proposed routes to gain the most State Aid Needs. Upon City Council adoption of the proposed resolutions a formal request to will be forwarded to the Commissioner of Transportation (Mn/DOT) for consideration. III. BASIS OF RECOMMENDATION A. POLICY • City Council resolutions are required by the Minnesota Department of Transportation (Mn/DOT) Office of State Aid for requesting the revocation and designation of Municipal State Aid streets. B. CRITICAL TIMING ISSUES • The resolution requesting changes to the MSA system is due by May 1, 2011 to be included in this year's MSA needs. C. FINANCIAL • Municipal State Aid City's are allowed to designate up to 20% of their City's mileage to be eligible for needs. D. LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION~S~ • The Council may choose to not adopt the attached resolutions.. However, that would reduce the-2012 Annual MSA Allotment. V. ATTACHMENTS • Resolution revoking Municipal State Aid designation from certain City streets. • Resolution for Municipal State Aid designation of certain City streets. • Map showing changes to MSA system. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None known at this time. ~~~ l RESOLUTION NO. RESOLUTION REVOKING MUNICIPAL STATE AID DESIGNATION FROM CERTAIN CITY STREETS WHEREAS, it is deemed advisable and necessary for certain streets hereinafter described as Municipal State Aid streets to be revoked and removed from Richfield's Municipal State Aid system under the provisions of Minnesota laws. NOW, THEREFORE, BE IT RESOLVED that the streets described as follows: MSAS Street # 157-105 157-105 157-106 157-114 157-361 157-368 Street Name 65th Street 1st Avenue 67th Street Diagonal Boulevard 76th Street Bloomington Avenue Limits Nicollet Avenue to 1st Avenue 65th Street to 67th Street Lyndale Avenue to Nicollet Avenue Bloomington Avenue to 18th Avenue 77th Street to Portland Avenue 77th Street to 76th Street be, and hereby are, revoked as Municipal State Aid streets of the City of Richfield, subject to approval of the Commissioner of Transportation of the State of Minnesota.. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to forward two certified copies of this Resolution to the Commissioner of Transportation for his consideration. Adopted by the City Council of the City of Richfield, Minnesota this 26th day April, 2011. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 0426MSA Resolutions ura -~ RESOLUTION NO. RESOLUTION FOR MUNICIPAL STATE AID DESIGNATION OF CERTAIN CITY STREETS WHEREAS, it is deemed advisable and necessary for certain streets hereinafter described as Municipal State Aid streets to be designated for Richfield's Municipal State Aid system under the provisions of Minnesota laws. NOW, THEREFORE, BE IT RESOLVED that the street described as follows: MSA Street # Street Name 157-106 67th Street 157-371 68th Street 157-372 Logan Avenue 157-373 63rd Street Limits 12th Avenue to Bloomington Avenue Lyndale Avenue to Portland Avenue 63rd Street to 66th Street Penn Avenue to Logan Avenue be, and hereby is, designated as a Municipal State Aid street of the City of Richfield; subject to approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to forward two certified copies of this Resolution to the Commissioner of Transportation for his consideration. Adopted by the City Council of the City of Richfield, Minnesota this 26th day April, 2011. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk Richfield MSAS Redesignation for 2011 Needs Update .62 miles Revoke _ -" _ Q STATE HWYN062 .._.._,. ~ ~..... ....., > N N ....__. _.~. ..___ -_..N 0(`~ ~...,. ._.N w.-..._, STATE HWYN062 ~ ,.~__. __._.62N STE N ~ - ~ ~ N w m INTERSTATEHWYN > ~~ 2,~V ~ eS .i... ~ 3 ~ ~ '~ ~ ST ~ II EE Ef ~~~ I_~'/1 N ¢ a~ ~ Q ' ~ ~ ~ ~ ~ ,yh~ F X F QI w ~ m~ w ~ E j ~ j Q ~"~ 63R T: ,,.__~; J -,~ over Allotment ___ !!! 11( 111 1 PC 3 M i les z +63R S ¢~ ( = 63R ST > w z > ....~. _.. - w ~ _~.._ ¢ ¢ _ .. _ .. __. ~ ~ ~ ~ i ..~f.`~._., Q ~_ ~ W W' ~ ~ of ~~ ~ ~ W a~ Z ~ i >i N~ W Z " \'~ ~ 1.85 Net Miles Available ~, } g w a rn' _ w , > ~ °" UI _.m o ° ¢ MSAS 106-11, 20 I ~l _ ~ v ¢ ~ _ - -z~_._.. ~ _ ~.. w e' ~.ORE~~ ¢ >' w 64T . 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Q ~F~S ~ > W 1 i ¢ ~J Z =~i Q 9 ° ~ ;~ W ~ MSAS 361-23,25,30,40 ~ a ~ ~ o _ ¢ ~ 75 S W _. ~_ ._ _.. ~ ,.~.,. ~n to ___......__ _°I -z~ w~,~ ~--- - _ ~ ° Y 1.36 miles = ~ igig ~ N ~~ O ¢~ ~ ~ ~ Z N i ro j~ > Z `~, w ~ ( w6 w~ ~~ w=E ~ ~ 0 ~ ~ ~' ~ `°-~ w G ~ 7TH T W G~ > 3 wl aE ~® ~ 76TH STW ~ ° ai m s i I w z x w iul °~ ~ ~ i r,, ¢ d l a ~ ~ ¢ ~ i ~ Ni :F/` ~S QI_._y~ r ;I MSAS 114-30 '- 0.27 miles MSAS 368-10 0.20 miles I Legend Street Type ® MSA, MSA, Non-Existing ®MSA, Remove MSA, Proposed .LOCAL CSAH wl i m °~ °~.__ ~ ~ z ~ 77TH ST 1 1....~ ~... .. ,.. .,.._~ ~ ,.....__.. 7THJSTN~ J J w °'r° x z I> nv2srw C ~ " 0 - a Y '~., .,... ~ F a~ " ¢ : °` 78TH STE _. _.... ~^'~.. _ 78TH ST E. _. ~~ ~,, 78TH STW .....~-,....,,t ..r`` ~.~.. .. a ...... r ' , .... ......... _--. "...__. I u.._...~_.. INTERSTATEHWY 0494 INTERSTATE HWY NO 494 0 0.25 0.5 1 Miles AGENDA SECTION: CONSENT AGENDA ITEM # 4B REPORT # 87 r STAFF REPORT CITY COUNCIL MEETING APRIL 26, 2011 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: d REVIEWED BY CITY MANAGER: JESSE SWENSON, HUMAN RESOURCES COORDINATOR NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: Resolution authorizing the City to affirm the monetary limits on statutory municipality tort liability. I. RECOMMENDED ACTION: By Motion: Adopt a resolution authorizing the City Council to affirm the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. II. BACKGROUND The City purchases its insurance from the League of Minnesota Cities Insurance Trust (LMCIT). A requirement of that insurance coverage is that each participating municipality must annually either affirm or waive its statutory limits of liability. This action must be taken before July 1 of each year. The current statutory limits of liability for Minnesota cities are $500,000 for an individual claimant and $1,500,000 per occurrence. Cities can waive those limits by allowing an individual claimant to recover more than $500,000, up to the $1,500,000 occurrence limit or more if limits are waived and excess liability insurance is purchased. They may also waive the per occurrence limit and purchase excess liability insurance. 0426 Tort Liability Historically, Richfield has not waived its limits of liability. This is true of slightly more than half of the cities in Minnesota. Richfield has also elected not to purchase excess liability coverage for the past several years. The cost of excess liability insurance has been, and continues to be very expensive. An additional $1,500,000 of coverage would cost approximately $72,000 annually. Moreover, buying- the coverage may expose the City to liability exposure in excess of the statutory $1,500,000 cap. III. BASIS OF RECOMMENDATION A. POLICY • The State Statute establishing liability limits for cities at the current $1,500,000 level was established fairly recently and appears to be a reasonable limit. Historically, the majority of municipalities in Minnesota are not waiving the monetary limits on municipality tort liability as was established by Statutes 466.04. The Council could waive its statuary limits in future years if a decision was made to do so. The City Council may also wish to further consider purchasing excess liability in the future. If this is the case it may be purchased at any point in the future. B. CRITICAL ISSUES • The City's insurance policy with the League of Minnesota Cities Insurance Trust will renew on July 1, 2011. This action must be completed on, or before that time. C. FINANCIAL • The City has historically not purchased excess liability coverage because of the cost of such coverage. The annual premium for $1.5 million of coverage would be between $65,000 and $75,000 if the City does not waive its liability limits. D. LEGAL • The tort liability limits established by Minnesota Statutes have protected cities historically and no Minnesota court has ever established a monetary award in excess of the statutory limits against a municipality. • Each city must annually decide whether the City would voluntarily waive the statute for both the single claims each occurrence limits. IV. ALTERNATIVE RECOMMENDATION~S~ • If the Council feels that any single claimant should receive more than the $500,000 limit, the Council could elect to waive the statutory monetary limits. • If the Council feels that the $1,500,000 per occurrence limit is not adequate, the City could purchase excess liability coverage and subsequently waive the limits of liability up to the amount of excess coverage purchased by the City. V. ATTACHMENTS • Resolution. VL PRINCIPAL PARTIES EXPECTED AT MEETING • None. Gv- t RESOLUTION NO. RESOLUTION AFFIRMING MUNICIPAL TORT LIABILITY LIMITS ESTABLISHED BY MINNESOTA STATUTES 466.04 WHEREAS, Minnesota Statute 466.04 provides for Municipal tort liability limits for Minnesota cities; and WHEREAS, the League of Minnesota Cities Insurance Trust has asked that each city review the tort liability limits and determine if the respective city would choose to waive it's limits; and WHEREAS, such decision to affirm or waive the tort liability limits must be filed with the League of Minnesota Cities Insurance Trust at the insurance renewal date. NOW, THEREFORE, BE IT RESOLVED that the City Manager is directed to report to the League of Minnesota Cities Insurance Trust that the Richfield City Council does not waive the monetary limits on the municipal tort liability established by Minnesota statutes 466.04. Adopted by the City Council of the-City of Richfield, Minnesota this 26th day of April, 2011. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA ITEM # 4C REPORT # 88 STAFF REPORT CITY COUNCIL MEETING APRIL 26, 2011 REPORT PREPARED BY: JIM TOPITZHOFER, RECREATION SERVICES DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution authorizing acceptance of grants and donations received by the Richfield Recreation Services Department and to authorize the city to administer the funds in accordance with grant agreements and terms prescribed by donors. RECOMMENDED ACTION: By Motion: Approve the resolution authorizing acceptance of grants and donations received by the Richfield Recreation Services Department and to authorize the city to administer the funds in accordance with grant agreements and terms prescribed by donors. IL BACKGROUND -The Richfield Recreation Services Department received several donations this year from various individuals to fund the remaining phase of the .entrance garden to Wood Lake Nature Center. III. BASIS OF RECOMMENDATION A. POLICY • Minnesota Statute 465.03 requires every acceptance of a grant or devise of real or personal property of more two-thirds majority of the City Council 0426 Rec Services Grants 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. B. CRITICAL TIMING ISSUES • None C. FINANCIAL • All of the donations listed were given without obligation to provide any additional matching funds. D. LEGAL • Minnesota Statute 465.03 requires every acceptance of a grant or devise of real or personal property of more two-thirds majority of the City Council E. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION~S~ • None V. ATTACHMENTS • Council Resolution VI. PRINCIPAL PARTIES EXPECTED AT MEETING N/A u~-~ RESOLUTION NO. RESOLUTION AUTHORIZING ACCEPTANCE OF ALL GRANTS AND DONATIONS RECEIVED BY THE CITY OF RICHFIELD AND TO AUTHORIZE THE CITY TO ADMINISTER THE FUNDS IN ACCORDANCE WITH GRANT AGREEMENTS AND TERMS PRESCRIBED BY DONORS WHEREAS, Minnesota Statute 465.03 reads in part as follows: Any city, county, school district or town may accept a grant or devise of real or personal property and maintain such property for the benefit of its citizens in accordance with the terms prescribed by the donor. Nothing herein shall authorize such acceptance or use for religious or sectarian purposes. Every acceptance shall be by resolution of the council adopted by two-thirds majority of its members, expressing such terms in full, and WHEREAS, the City of Richfield has received grants and donations as described below: .DATE.. _ DONOR' ~ ~ AMOUNT _- January 2011 _ __ - -- Bumgarner Family-Wood Lake Grant _ $10,000 March 2011 Jim Russell-Wood Lake Grant $5,000 March 2011 Scott Russell-Wood Lake Grant $2,500 March 2011 Karen and Jazz Russell-Wood Lake Grant $2,500 Apri12011 Sid Munson-Wood Lake Grant $15,000 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: That the City Council of the City of Richfield hereby accepts the grants and donations as listed above, received in 2011, and authorizes the City to administer the funds in accordance with grant agreements and terms prescribed by donors. Adopted by the City Council of the City of Richfield,- Minnesota this 26th day of April, 2011. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA ITEM # 4D REPORT # 89 ~- STAFF REPORT CITY COUNCIL MEETING APRIL 26, 2011 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES DNISION MANAGER NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Approve, as to form, a memorandum of understanding between the City of Bloomington and any Richfield entities who will agree to support the goal of alternative methods of dispensing preventive medication to an entire population within 48 hours. I. RECOMMENDED ACTION: By Motion: Approve, as to form a memorandum of understanding between the City of Bloomington and any Richfield entities who will agree to support the goal of alternative methods of dispensing preventive medication to an entire population within 48 hours. II. BACKGROUND To achieve the Centers for Disease Control's Cities Readiness Initiative (CRI) goal of dispensing preventive medication to an entire population within 48 hours, the implementation of alternate methods of dispensing is critical. Alternate Dispensing Modalities (ADM) is a mechanism to augment traditional mass dispensing site (MDS). One particular ADM strategy uses a modified medical model that "pushes" preventive medication to individuals with restricted mobility (thus having limited ability to access an MDS) and to large cohorts that could relive the burden on MDSs. In this method, a local (City) distribution node is established at the hub and the spokes of that hub are the facilities or entities that pick-up the medication and then screen and distribute it themselves to their individual mass populations. 042611 Memo of Understanding with Bloomington on Dispensing Preventive Meds Council approved the original memorandum of understanding on February 10, 2009. However, since then, several State Statutes have been tweaked that require a need for Council to revisit the document as they relate to some general housekeeping issues. Some of the tweaks pertain to just better definitions overall in the State Statute language, as well as some updated liability issues that offers protection specific to those alternate dispensing modalities that include faith based organizations, community based organizations and businesses within the community. It should be noted that Bloomington Public Health will be meeting soon with faith based organizations in Bloomington, Edina and Richfield who have indicated their interest in partnering with us. There have, so far, been six from Bloomington, five from Edina and five from Richfield. The impact on getting these faith-based entities on board is immense. If just the 16 faith based organizations that have shown an interest in partnering with us sign up in the three cities, approximately 20,000 individuals will be covered by this plan. In addition, at risk populations will have an additional venue for their medications. Richfield's City Attorney has reviewed and approved the Memorandum of Understanding. III. BASIS OF RECOMMENDATION A. POLICY • The Richfield City Council has previously approved the contract with the City of Bloomington to provide services in Public Health Emergency Preparedness activities. This is a task they are undertaking on behalf of Richfield via that contract, based on a requirement of the Public Health Emergency Preparedness grant which Richfield receives as a result of being a stand alone Community Health agency. B. CRITICAL TIMING ISSUES • Partners within the community who agree to sign this MOA will make the goal of dispensing preventive medication to an entire City population within 48 hours a reality while assisting their own mass populations who may find difficulties in accessing a mass dispensing site due to restricted mobility issues or limited ability to reach the site effectively. C. FINANCIAL • Costs associated with this effort are paid for through the grant subsidy that the City of Richfield receives from the federal government as a result of Richfield's Community Health agency status. D. LEGAL • The City Attorney has reviewed and given approval of the Memorandum of Understanding. E. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION(S~ • The Council could decide not to approve the Memorandum of Understanding, as to form, which would make it difficult or impossible for Bloomington to enter into local agreements with entities that could help reduce the strain on mass dispensing sites as well as help their populations receive medication in the most effective way. V. ATTACHMENTS • Memorandum of Understanding VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None `1~- ~ Memorandum of Understanding Between The City of Bloomington And (Name of Entity This Memorandum of Understanding is made and entered into between the City of Bloomington ("City") at 180o W. Old Shakopee Road, Bloomington, MN 55431 and ("Entity") at address on this the day of , 2o1X. WHEREAS, a local or state emergency has been declared under Minnesota Statutes section 12.29 or 12.31; and WHEREAS, the Bloomington Department of Public Health ("BPH") is a public health agency with jurisdiction over all public health matters within Bloomington/Edina/Richfield, MN; and WHEREAS, BPH will be responsible to provide, as appropriate, prophylaxis to residents and visitors in Bloomington/Edina/Richfield; and BPH provides needed prophylaxis to Entity; and, WHEREAS, Entity is capable of receiving and distributing medications to their population, i.e., staff and members of their households, residents/guests/members etc., during a declared emergency. Therefore, it is mutuall,~greed between the parties as follows: A. Statutory Authority/Immunities 1. Pursuant to Minnesota Statutes section 144.4198, subd. 1 "Closed point of dispensing (POD)" means a dispensing or vaccinating location, including but not limited to a business, nonprofit, governmental, correctional, educational, health care, religious, or other entity that dispenses to a limited group such as employees and their household members, residents, business guests, students, or inmates. A closed POD is not open to the public. 2. Legend drugs may be dispensed or administered via the closed POD according to a plan approved by the commissioner or by BPH and the medical protocol criteria established by the commissioner. 3. Persons legally authorized to dispense prophylaxis maybe expanded to include non- professionals as authorized in Minnesota State Statute, Chapter 12, Emergency Health Powers Act, (Page 5, Paragraph 3) or Statute 12.34, Subdivision 1, paragraph 1 as maybe amended from time to time. 4. A person, corporation, charitable organization, government entity, religious entity, nonprofit entity, or other legal entity, or an employee or agent of the person, corporation, charitable organization, or entity, who, during the preparation for and setup, operation, and demobilization of a closed POD, acts in good faith and under the direction of a closed POD plan that has been approved by the commissioner of G~- ~- health, or BPH shall not be liable for civil damages or administrative sanctions for causing the death or injury of a person, or for damage to property. This section does not apply in case of malfeasance or willful or wanton actions. 5. Any person authorized by the commissioner under Section 144.4197 shall not be subject to criminal liability, administrative penalty, professional discipline, or other administrative sanction for good faith performance of the vaccination or drug dispensing duties assigned according to this section. 6. If a federal public health emergency declaration is made by the Secretary of the Department of Health and Human Services under the Public Readiness and Emergency Preparedness Act (PREP Act), immunity from liability under state and federal law will extend to covered persons involved in dispensing, distributing, and administering countermeasures/prophylaxis (42 U.S.C.A. § 247d-6d). Immunity under the PREP Act does not apply to willful misconduct or acts conducted outside the scope of the declaration. B. Entity's Responsibilities: 1. Entity and BPH shall mutually support each other in planning for an emergency incident, including Entity providing a contact person(s) to work with BPH and develop a plan for receiving and dispensing prophylaxis at Entity's facility including methods of notification, critical staff contact information, plan activation steps, and plans for storage and distribution of medications. 2. Entity shall provide appropriate personnel to be trained in advance to dispense prophylaxis and agrees to update staff periodically with new information provided by BPH. 3. Entity shall provide to BPH the maximum potential number of staff and household, and facility residents/guests so that an adequate supply of prophylaxis may be picked up by Entity upon activation of the emergency plan. 4. Entity shall provide any updates of their dispensing plan to BPH. 5. Entity shall conduct pre-event screening using a form created by the Minnesota Department of Health for all staff and their households, and residents when possible, and those assessments shall be maintained and updated at least annually. 6. Entity shall provide one available staff to pick up prophylaxis and instructions for staff and their households, and facility residents/guests. 7. Entity shall dispense prophylaxis provided by BPH as per the protocol provided at time of event by the Minnesota Department of Health and/or Centers for Disease Control and Prevention. 8. Entity shall not charge individuals a monetary fee for medications, vaccines, or administration as provided by BPH through this agreement. ~~-3 g. Entity shall maintain an accurate record of the number of medications distributed by Entity during an event on forms provided by BPH and provide those to BPH as requested. 10. Entity shall provide ongoing information to staff and their households, and facility residents/guests as directed by BPH during an emergency. 11. Entity shall provide aclimate-controlled, secure room to store prophylaxis during an emergency. 12. Entity shall return any unused medication or materials to BPH upon conclusion of the emergency response as directed by BPH. 13. Entity will only provide medication groups as outlined in their plan and "general public". or vaccine to identified staff, households, and will not provide medication or vaccine to the C. BPH Responsibilities: 1. BPH and Entity shall mutually support each other in planning for an emergency incident, including Entity providing a contact person(s) to work with BPH and develop a plan for receiving and dispensing prophylaxis at Entity's facility including methods of notification, critical staff contact information, plan activation steps, and plans for storage and distribution of medications. 2. BPH will provide supervision as required by the commissioner of health's authorization pursuant to Minnesota Statutes section 144.4197 as may be amended from time to time. 3. BPH shall provide the option to participate in periodic exercises to test plans for dispensing of prophylaxis at the facility. 4. BPH shall provide advance training to Entity staff that will function in key positions in distributing prophylaxis. BPH will provide routine informational messages to the facility to relay to staff and their households, and facility residents/guests. 5. BPH shall provide electronic and/or hard copy of all forms and information sheets to be distributed prior to and during an event. Entity shall make all copies needed and provide all printed information for staff and their households and facility residents/guests. 6. BPH shall provide the proper standing orders and medical protocols as defined by Minnesota State law at the time of the event. D. Miscellaneous 1. Confidentiality of all patient information will be maintained in accordance with the current Minnesota Health Insurance Portability and Accountability Act (HIPAA) and Minnesota Government Data Practices Act, Chapter 13 by both Entity and BPH. ~U-4 2. The participation of Entity is voluntary at the time of an event. In such case, staff and identified groups of that entity would need to obtain medications or vaccine via BPH operations and will not receive preferential treatment. 3. Each party shall be responsible for its own acts and the results thereof, to the extent authorized by law, and shall not be responsible for the acts of the other party and the results thereof. This in no way constitutes a waiver of the municipal liability tort limits set by Minn. Stat. Chapter §466, or as maybe amended from time to time. [Remainder of this page left intentionally blank.] ~iD- ~ Signatures By signing below, we agree to all of the above stated conditions and statements. We understand that this agreement may be modified or terminated by mutual agreement of both parties. CITY OF BLOOMINGTON ENTITY BY: BY: Its City Manager Its: DATED: DATED: Reviewed and approved by the City Attorney of Bloomington. City Attorney u~ -~ Signatures ~- By signing below, the Edina City Council approves this contract as to form for the purposes of public health emergency planning. CITY OF EDINA BY: Its Mayor BY: Its City Clerk DATED: DATED: uo- ~ Signatures By signing below, the Richfield City Council approves this contract as to form for the purposes of public health emergency planning. CITY OF RICHFIELD BY: DATED: Its Mayor BY: DATED: Its City Clerk AGENDA SECTION: CONSENT AGENDA ITEM # 4E REPORT # 90 STAFF REPORT CITY COUNCIL MEETING APRIL 26, 2011 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: CHRIS LINK, OPERATIONS MANAGER STREET/FORESTRY NAME, TITLE SIGNATURE ITEM FOR COUNCIL CONSIDERATION: Consideration of award of contract to North Star Tree Care for removal of diseased boulevard trees for an amount not to exceed $99,000. I. RECOMMENDED ACTION: By Motion: Award a contract to North Star Tree Care for diseased boulevard tree removal for an amount not to exceed $99,000. II. BACKGROUND At the May 26, 2009 Regular City Council Meeting a new Dutch Elm Disease Removal Policy (DED) was approved (attached). This policy states that City will use City employees, and/or private contractors to provide this service. Staff believes if a contractor is hired to remove the DED boulevard trees, it will help prevent the disease from spreading and also allow City staff sufficient time for tree planting and resume the City's tree trimming and maintenance program. A summary of the past three years follows: 2009 Award of Contract On May 12, 2009, Council awarded a contract to North Star Tree Care for diseased boulevard tree removal for an amount not to exceed $99,000. The recommended contract award was based on an estimate of 80 trees of assorted sizes using the quotes received from North Star Tree Care ($55,900) and Shadywood Tree Experts ($94,692). 042611 boulevardtreeremoval 2010 Award of Contract On April 27, 2010, Council awarded a contract to North Star Tree Care for diseased boulevard tree removal for an amount not to exceed $99,000.The recommended contract award was based on an estimate of 80 trees of assorted sizes using the quotes received from North Star Tree Care ($59,800) and A-1 Sarrf Tree Services ($79,900). 2011 Quotation Solicitation The recommended contract award is based on an estimate of 80 trees of assorted sizes using the quotes received from North Star Tree Care ($52,600), St Croix Tree Service ($54,005) and A-1 Sarrf Tree Services ($60,900). The actual number and sizes will depend on the number and sizes of DED trees that will be tagged for removal by the City tree inspector. Staff recommends that the contract be awarded for an amount not to exceed $99,000 (the actual amount dependent on the number and sizes of trees removed). The quote tabulation sheet is attached. III. BASIS OF RECOMMENDATION A. POLICY • Since the estimated cost of the work was less than $100,000.00, the formal bidding process was not required and the City can contract by obtaining quotations. • North Star Tree Care submitted the lowest quotation. B. CRITICAL TIMING ISSUES • Approval at the April 26, 2011, Council meeting will expedite the removal process. • Hiring a contractor for tree removal will ensure residents receive their requested new~boulevard trees. • Hiring a contractor for tree removal allow crews to resume the tree trimming and maintenance program. C. FINANCIAL • Franchise Fees will be used to hire a contractor for summer removals of DED boulevard trees. D. LEGAL • When the purchase of materials, merchandise, equipment or construction exceeds $50,000, authority to purchase shall be submitted to the City Council for consideration. E. ENVIRONMENTAL CONSIDERATIONS • Diseased trees need to be removed to keep the environment healthy and attractive. IV. ALTERNATIVE RECOMMENDATION(S~ • The City Council may choose to reject all quotations and direct staff to obtain more quotations; however, staff does not believe we can obtain a better price from a reputable contractor. V. ATTACHMENTS • Quotation tabulation • Approved DED Tree Removal Policy VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None ~~-t D c 0 0 v 0 ~' n C Q.. CD d) 0 ~_ X ~ Z D ;--~ ~ ~ n ~ ~ ^ X• ~ ~ O ~ (D ~ ~ ~ ~ ~ rt ~ C1 ~ ~ m ~ C7 m ~ m ~, O A 0 ~ ~ ~ ~ ~ O rt ~ N O O O O U1 O O O D O C 3 A O O ~ O ~ ~ ~ ~ ~ -I ~_ 0• N n ~- O -+~ _~ C~~ S Q. y~_ -~ City of Richfield Dutch Elm Disease (DED) Tree Removal Policy 1. Introduction The City of Richfield believes it is in the best interest of the residents for the City to assume the basic responsibility for removal of Dutch Elm Disease (DED) trees. The City will provide this service in a safe and cost effective manner, keeping in mind safety, budget, personnel and environmental concerns. The City will use City employees, and /or private contractors to provide this service. 2. Determination of Dutch Elm Disease The City of Richfield Tree Inspector will determine trees that are infected by DED. A tree inspector must carry a tree inspector's license, which is distributed by the Minnesota Department of Natural Resources. To become a licensed tree inspector one must pass a test showing proficiency in DED management, firewood identification, and shade tree management, and attend annual recertification workshops. 3. Marking DED Trees After a tree is determined to be infected with DED the City's Tree Inspector will mark the tree for removal. The Tree Inspector will mark a boulevard tree with an orange dot and a tag with specific number. For private trees, the Tree Inspector will mark the tree with an orange stripe around the circumference of the tree and a numbered tag. All marks will be placed at breast height. 4. Time Limits for Removal Trees that have been marked for removal before July 15t" of a given year must be removed within 30 days. This time limit will help prevent the spread of DED to healthy trees. Trees that have been marked after July 15t" of a given year must be removed before April 15t" of the following year. After July 15t" the EIm Bark Beetle that causes DED is no longer active and will no longer spread for that season. 5. Removals to be Completed by a Contractor Generally, a contractor will remove all trees that are infected with DED. Private trees that are to be removed are the responsibility of the homeowner. If the tree is not removed within the specified time limit a contractor will remove the tree and the cost will be assessed against the property. 6. Funding Franchise Fees will be used to fund boulevard DED removals. Franchise Fees may be adjusted annually to account for the summer removals and anticipated winter removals. 042611 boulevardtreeremoval AGENDA SECTION: PROPOSED ORDINANCE AGENDA ITEM # 6 REPORT # 91 J STAFF REPORT CITY COUNCIL MEETING APRIL 26, 2011 REPORT PREPARED BY: MELISSA POEHLMAN, CITY PLANNER NAME, TITI s DEPARTMENT DIRECTOR REVIEW: SIGNA REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Second reading and summary publication of an ordinance amending Zoning Code regulations related to: setback encroachments for bay windows, placement of fences, certification requirements for massage therapy practitioners, the size of permitted businesses in the Neighborhood Commercial (C-1) District, setbacks in relation to Two-Family (MR-1) District properties, medical clinics as a permitted use in the General Commercial (C-2) District, sign permit expiration dates, number of temporary banner signs allowed, number of temporary sign permits permitted per vear and a number of corrections and clarifications. I. RECOMMENDED ACTION: By Motion: 1. Approve the attached ordinance amending Subsection 509.11; 509.15, Subdivisions 3 and 10; 509.21. Subdivision 11; 512.07; 512.09; 514.05, Subdivision 5; 514.14, Subdivision 2; 518.13, Subdivision 2; 522.13, Subdivision 2; 532.03, Subdivisions 4, 5 and 6; 532.11; 534.07, Subdivision 9; 534.11; 537.03, Subdivision 1; 537.13, Subdivision 2; 544.13, Subdivisions 5 and 6; 544.25, Subdivision 3; 549.21, Subdivision 4 and 5; and 549.23, Subdivision 2; adding new 549.19; and repealing 507.07, Subdivision 122; and 549.23, Subdivision 3 of the City Code; and 2. Approve the attached resolution authorizing summary publication of an ordinance amending Subsection 509.11; 509.15, Subdivisions 3 and 10; 509.21. Subdivision 11; 512.07; 512.09; 514.05, Subdivision 5; 042611 - 2nd Reading -Misc. Zoning Text Amendments 514.14, Subdivision 2; 518.13, Subdivision 2; 522.13, Subdivision 2; 532.03, Subdivisions 4, 5 and 6; 532.11; 534.07, Subdivision 9; 534.11; 537.03, Subdivision 1; 537.13, Subdivision 2; 544.13, Subdivisions 5 and 6; 544.25, Subdivision 3; 549.21, Subdivision 4 and 5; and 549.23, Subdivision 2; adding new 549.19; and repealing 507.07, Subdivision 122; and 549.23, Subdivision 3 of the City Code related to various zoning regulations. II. BACKGROUND City staff continually monitors and notes areas of the Zoning Code that may require review. This review may be the result of changes in State Law or its interpretation, changes in social norms, new technology or direct experience with a particular regulation. The changes proposed in the attached ordinance are relatively minor; most constituting a correction, clarification or extension of an existing policy. A summary of the proposed changes follows: Proaosed Ordinance Chances: Bay windows (Section 1) -The Code currently allows window wells to project into required setbacks. The proposed change will allow bay windows to do the same. Fence/wall combinations (Section 2) -The Code currently states that when fences are used in combination with walls or berms, the combined height may not exceed allowable height limits. The proposed change defines "used in combination" as fences placed within three feet of a wall. Obsolete reference removed (Section 3) -Reference to landscape standards "on file" removed; all landscape requirements are within the Code. Massage therapy as home occupation (Section 4) -The proposed change adds acceptable certifications for massage therapy providers. This change was made at the direction of the City Council and will allow appropriately certified providers to operate a massage therapy business from their home (provided that all other requirements are met). Clarifying information added to use tables (Section 5, 6 and 15) -The proposed change adds definition information to "hotel or motel" and "multi-family dwellings" listings. See the Section 13 explanation below for information regarding the "medical clinics" strikethrough. Swimming pool location (Section 7) -The proposed change adds the provision prohibiting pools in front yards to the Zoning Section of the Code for ease of use. This regulation is already in place; however, currently it is only listed in Section 420. Height definition reference added (Sections 8, 9 and 10) - A specific numerical reference to the definition of "height" for residential structures has been added. Neighborhood service, office and day care businesses in the C-1 District (Section 11) -Currently, the maximum permitted size of a service or office business in the C-1 (Neighborhood Business) District is 2,500 square feet. This is smaller than what is currently allowed in the SO (Service Office) District -the least intensive of the commercial districts. The proposed change will allow businesses of up to 4,000 square feet, just as the Service Office District does. The proposed change also increases the size of permitted day care facilities from 3,000 square feet to 4,000 square feet based on a comparison of parking requirements. This change does not exempt businesses from any requirements related to setbacks, parking, etc. Setbacks from Two-Family Residential properties (Section 12 and 14) - Currently, commercial setbacks are larger when the property line in question abuts a Single-Family Residential (R and R-1) property, as opposed to any other district. The proposed change will increase setbacks when commercial development takes place next to Two-Family Residential (MR-1) properties as well. The reasoning being that Two-Family Residential properties have more in common with single- family properties than with larger residential complexes or commercial developments. Medical clinics in General Commercial (C-2) District (Section 13) -Currently, hospitals and medical clinics are conditionally permitted in the C-2 District. Staff believes that the intent of this regulation was to more carefully regulate hospitals and other 24-hour facilities as opposed to any medical clinic, and the ordinance has been changed to reflect this. Correct language errors in the nonconformity regulations (Section 16) -This subdivision relates to bulk and dimensional expansion of nonconformities, but currently references "uses" rather than "buildings." A similar section already exists for nonconforming use expansion. This is a correction of terminology only. Parking lot setback standards in Mixed Use Districts (Section 17) -When the Mixed Use Districts were added to the Zoning Code, a reference to parking lot setback requirements should have been added to the Performance Standards Subsection of the Code as well. The proposed change will now specifically list "mixed use." Off-street parking table clarifications (Section 18) -The proposed change will clarify the parking determination method for uses not listed, add "gas stations" to the tables of uses and recalculate retail parking requirements with the same denominator to facilitate comparison. Remove contradictory language related to antenna permits (Section 19) - Currently, the Code states that replacement of antenna elements is both exempted from permits and require a permit. Historically, replacement of antennas has required a permit and staff believes that it is important to continue this practice. The proposed change corrects the contradiction by removing "replacement" from the exemption subdivision. Sign permit expiration (Section 20) -Currently, zoning and building permits expire one year following issuance. An expiration date is not explicitly stated for sign permits. The proposed change will add the one-year expiration date to the sign permit section of the Code. Banner clarifications (Section 21) -Historically, the City has allowed one banner per tenant in multi-tenant buildings. The per tenant provision was inadvertently removed as part of the 2007 Code rewrite and is proposed to be restored. Previously, the Code also limited the display of temporary banners to seven days, four times per year. The existing Code allows a banner to be displayed for 28 days, but is silent on the number of times per year than an applicant can apply for a permit. This has led to confusion and questions of whether or not taking down a banner for 1 day entitles the applicant to another 28 days of display time. The proposed change will add back the limitation of four permits per year (these permits can be consecutive). Reference to sight triangle regulations (Section 22) -The proposed change adds a numerical reference to sight triangle regulations to the Sign subsection of the Code. Wall signs (Section 23) - Similar to the provision related to banners, the City has historically calculated allowable wall sign size in multi-tenant buildings based on the portion of the exterior wall that is occupied by each tenant. The 2007 Code rewrite also removed this stipulation. Under the existing Code, a single tenant could potentially use up all the allowable wall signage and prohibit other tenants from advertising. Remove obsolete/redundant regulations (Section 24) - 1) Remove Subsection 507.07, Subdivision 122 defining "Transitional Activity." The City issued Interim Use Permit now, rather than Transitional Activity Permit. 2) Subsection 549.23, Subdivision 3 discusses sign regulation in Planned Unit Developments. This language is confusing and redundant as Planned Unit Development signage requirements are discussed specifically in the Sign subsection of the Code. III. BASIS OF RECOMMENDATION A. POLICY • The regulations of the Zoning Code are intended to promote harmonious relationships among land uses and to ensure that public and private lands ultimately are used for the purposes that are most appropriate and beneficial from the standpoint of the City as a whole. • Ongoing review and periodic updating of the Code is necessary to ensure that regulations are serving their intended purposes. • In instances when the full text of an amendment is cumbersome and the expense of publication of the full text is not justified, the City is permitted to publish a summary of the approved amendment. B. CRITICAL TIMING ISSUES • N/A C. FINANCIAL • N/A D. LEGAL • A public hearing was held before the Planning Commission on March 28, 2011. • Notice of the public hearing was published in the Sun Current Newspaper in accordance with State and Local requirements. • The Planning Commission recommended approval of the proposed amendments (7-0). • A first reading was approved by the Council on April 12, 2011. • If approved, the ordinance will be effective 30 days following publication. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Approve the ordinance with amendments. • Do not adopt the proposed ordinance. V. ATTACHMENTS • Ordinance • Resolution for summary publication VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None ~-t BILL NO. AMENDMENT TO RICHFIELD CITY CODE RELATED TO ZONING AMENDING 509.11; 509.15, SUBDIVISIONS 3 AND 10; 509.21, SUBDIVISION 11; 512.07; 512.09; 514.05, SUBIDIVISION 5; 514.13, SUBDIVISION 2; 518.13, SUBDIVISION 2; 522.13, SUBDIVISION 2; 532.03, SUBDIVISIONS 4, 5 AND 6; 532.11; 534.07, SUBDIVISION 9; 534.11; 537.03, SUBDIVISION 1; 537.13, SUBDIVISION 2; 544.13, SUBDIVISIONS 5 AND 6; 544.25, SUBDIVISION 3; 549.21, SUBDIVISIONS 4 AND 5; AND 549.23, SUBDIVISION 2; ADDING NEW 549.19; AND REPEALING 507.07, SUBDIVISION 122; AND 549.23, SUBDIVISION 3 THE CITY OF RICHFIELD DOES ORDAIN: Section 1 Subsection 509.11, Clause c) of the Richfield City Code is amended to read as follows: c) Principal building window wells and bay windows, provided they project not more than 36 inches into a required yard. In no event shall they be closer than 24 inches from any lot line; Section 2 Subsection 509.15, Subdivision 3, Clause c) of the Richfield City Code are amended to read as follows: c) Whenever a fence e~and wall +sare used in combination, or placed upon a berm, the combined height shall not exceed the permitted heights outlined in paragraphs a) and b) above. For the purposes of this clause, fences placed within 3 feet of a berm or wall shall be considered to be used "in combination" with said berm or wall. Section 3 Subsection 509.15, Subdivision 10 of the Richfield City Code is amended to read as follows: Subd. 10. Required screening. Any fence or wall required as a screening device shall be constructed of decay resistant materials that provide screening to the extent required by +"° Qi^"fi°',~ ' °n,~°^°n° ~?°ivi iiromen+c nn fil° ~eii+h +"° (lffin° of (`nrnrv~~ ~ni+~i fl°~i°Innrvi°n+ this e Code. Section 4 Subsection 509.21, Subdivision 11, Clause c of the Richfield City Code is amended to read as follows: c) The practice of medical, dental, chiropractic, psychiatric, or other similar treatment or therapy, including acupuncture, where the person(s) providing such treatment or therapy is not licensed by the State of Minnesota to administer such treatment or therapy; or in the case of ~-a massage therapy, where the person(s) providing such treatment is not certified by the "National Certification Board for Therapy Massage anal Bodywork" or by the "Massage and Bodywork Licensing Examination." Section 5 Subsection 512.07 of the Richfield Code is amended to read as follows: 512.07. Permitted, Conditional, Accessory and Prohibited Uses in Commercial Districts. The following table summarizes which land uses are classified as permitted, accessory, conditional or prohibited in the Commercial Districts. Refer to Sections 529 through 534 for complete regulations. P: Permitted A: Accessory C: Conditional N: Null or not Permitted Land Use S-O C-1 C-2 Adult businesses N N P Animal kennels ................................................................... .............. . . . .. . .. N N ; P . . . . . ... ..................... A artments within a p A _ A/C : C commercial buildin ................................................................................................g............................................ ................................... ...................................... '......................................... Assembly, light N N A manufacturing, warehouse ............................. ............................. a......................................; Auction houses N N P Auto mechanical /body N N C repair Auto detailin N N C Auto or boat sales N N C Auto stereo installation N N ..... ..._; P ;service Auto washes N N C Barber or beaut sho s .P X . P/C ~ P/C : P/C ..................... ........................ Bicycle_stores .............................. N ...................... P/C ............................... P/C ............................................ Bic cle re air sho s ......................Y.............................._P......._~.............................P................. . ............................ ... .......... P/C r.......... .......... ......... . .; P/C . . . ........... .. . . . ~ P/C . . .. . . . . . . Bowlin alle s g Y . . .. ..... N ..... ..... . . . . .... .. .. N . ..... .... . ............. ....... P . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Carpet or paint stores : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . P/C : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . P/C : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cemeteries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C Convenience store N P ...... .....: P Dance or physical culture P P _... P studios : . . : : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Da care facilities ...................Y..............................................._~ .. ~.. _~....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . P . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . P . . . . ....... .......................................................... Drug stores without drive-up .............................._ N ........................................: P/C ...............................: P/C facilit ..................................Y................................................................................................................. ~..................... ........... .......................................~ .................................. Dru stores with drive-u g ........................................................................................... _P...................... N ........................................., N ......................................... C ........................................... (o ~ 3 Land Use S-O C-1 C-2 window Emer enc shelter ~ y . . . . . . . N . .. . . ....... .... ....... . N . C _ ................................_ ................ ........................... .............. ... .... .............. ..... ... Enclosed storage ... ... . . . .. . . A A a ~ A - Fences walls and hed es ..................................... A ........................................ A ...................... ......._ A Financial institutions without N N P 'drive-up service Financial institutions with N N C :drive-up service Firearms related uses N N C Fortune telling N N P Funeral homes, mortuaries N . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e N . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . Furniture or appliance stores ............................... ,...... .... . . ......_ . . . N ............. .............. . . . . P/C ..........._ ......... P/C 1 n 5 Governmental build P P p Groce stores !Y N P/C P/C .......................................................................................................................... Hospital or m°~'~^°' ^'~^~^24- .......................................... P/C . P/C P/C hour urgent care Hotel or motel 6 or more N N C :units Junk and y ~ N a N ............ a N ..................................... Libraries, public P e P a P Li uor store munici al a p ~ ~ . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . N . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . P _ ..... _ _ Nursin home ..........................................9............................................................................................................................. ~ e P .......................................; P .............................. , N ............................: Office, single-tenant - P/C P/C P/C professional, executive or business : . . . . . . .... ..... . ... . . . ... . ... ................................ ..................... . ..............................................:. .........................................: ..........................................: ..........................................: .......... .. ......... .. ... . .. . . . . . .. .. . . . . . . Office, multi-tenant - P/C P/C P/C professional, executive, or business Outdoor merchandising or N N N storage (except as allowed by Section 1135 of the City Code) ................................................. ...................................................................................................F ......................................... ........................................ ........................................ _Parkin.`~ .............................................................................................................................~ .............._A.................: .............._A.................; ..............._A..............; Pawn shops & second hand N N C goods dealers licensed under Section 1186 or 1187 of the City Code Public utilit minor Y ~ ~ . .~ A . ..... . .._ A A . .......................................... ... ............. .................... ........ ......................... Public utilit ma or ......................1......................................................................... ~. ............ ......... . . C ........................................; C .........................................; C ..........................................: Reli sous institutions 9 ~ ~ ~ N : N P ........................_ .................................................................. .. Restaurant, take-out only ............................ N .......................~ C . P Class IV Restaurant, fast food / : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . N . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : N . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : ~,-4 Land Use S-O C-1 C-2 convenience food (Class III) or any restaurant with drive- : up service _; . Restaurant, traditional or N C C .cafeteria (Class II) .... _ .................................. ... ................ ............. ..... ........... ............ ........... Restaurant, full service N N C (Class I) Retail, general (single or N P/C P/C .multi-tenant) Schools, public or private N N P Service station : : N . N : C : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Service station /convenience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C store Service or non-auto repair P/C P/C P/C :shop Tattoo sho s N N C :Taxi or limousine service N N P Theater, movie or live N N C entertainment Veterina clinic ........................................_ry.............~......._~.................................................................... . N ......................................... N ......................................... P ......................................... Section 6 Subsection 512.09 of the Richfield City Code 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- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . MU- . .:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : MU-R N C Residential Townhome development P N N Multi-family dwellings min. 3 P P P units see 537.07 Subd. : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : ~-s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Land Use : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : MU- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : MU- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : MU-R N C :Live-work units P P N ...... , Assisted living facilities, P P N ..._nursing, rest homes Other .......................................... ; ........... ..............._ ................ _............. ....... ..............._ ....Adult businesses ................ N P P ~..... _, Assembly & manufacturing N A A accessory and subordinante to retail use Auto mechanical /body N C C ;repair Auto detailin N C C Auto rental facilities as an N A A accessory to primary office or hotel use :Auto sales N N C Clinics A P P Convenience store P P P Da care facilities y ............... ~...~.....~. P P P Drive-up window or teller N C C service Firearms related uses : N N C .................. . Funeral homes, mortuaries N P N . Governmental buildin s ..................................................................... 9 ................................. A _......................................... P : A ~ ............................. Health or athletic clubs, N P P s as yoga studios ........._p....... _~ ...................................................... Hotel or motel 6 or more N P P units _....... _Hospitals ...................................................................................................... ..............._N.................. N ................................... P .................................. ....; Libraries ublic .....P ..................~.............................................................................. P _ ................... P N Offices A P P ...._Pa rki_n.g ............................... _............._A............... .............._A............:.. ;............_A...................; Police sub-station P P P Public utilities A A A Recreational facilities, non- P P P commercia.l,.....principa....._use .......................... .: Reli sous institutions ............ ....._g............................... .............................................................................................. P ..................................... P ;............................... A .................... Restaurant, take-out only P P P (Class IV) ........... :Restaurant, fast food / N C C .convenience food (Class III) Restaurant, traditional or P P P cafeteria (Class II) ~~~ Land Use MU- MU- MU-R N C :Restaurant, full service N C P _(C I ass..._~ ) ................. Retail, neighborhood P P P services Retail, general services C P P ..._Retail.~..._re~.ional..._services ............................. N C P ..._Schools,....p_ublic _or...p_rivate............ _P P .......... ..................C.................... Service station .. .................:.. : N .......................................:. P ......................................... P :................................................: . ......................................................................................................................................................... Service station /convenience N P P store Theaters, movie or live N N P entertainment Transit facilities A A A Section 7 Subsection 514.05, Subdivision 5 of the Richfield City Code is amended to read as follows: Subd. 5. Private swimming pools as defined in Section 420 of the city code, provided that such swimming pools and related equipment be located: a) At least 10 feet from any rear lot line; b) At least 10 feet from any interior side lot line; and c) At least 15 feet from any street side lot line; and d) Not forward of the front building line. Section 8 Subsection 514.13, Subdivision 2 of the Richfield City Code is amended to read as follows: Subd. 2. Building setback and maximum hei ght (measurements in feet): Maximum Use Front Rear Interior Street Height Side /Corner Side (as defined i n 507.07, Subd. 53 Single-family building 30 25 5 12 25 (but see Subd. 3 and 5) ............................................................ Two-family building (but ~ 30 e o 25 10 12 25 :see Subd. 3 and 5) :. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cluster home _1..0 development in R-SFH 25 5 12 25 (but see guided area (but see Subd. 8) Subd. 3 and 5)' Cluster home 30 25 5 12 25 (but see development in non-R- Subd. 8) SFH guided area (but see Subd. 3 and 5)' Accessory -garage (but ~ 30 ' 3 5 12 142 see Subd. 3-6) (5 if utility easement) Accessory -non-garage 30 3 ,_. 5 .. 12 ;..... 3.... 12 (but see Subd. 4 and 5) (5 if utility easement) Non-residential building 40 30 30 30 42 (but see Subd. 5 and 7) Accessory building to 40 10 10 30 15 non-residential use (but see Subd. 5) ................................................. ~ Setbacks for cluster home developments shall apply to the perimeter of the development. Setbacks between attached and detached units within a cluster home development must comply with applicable building and fire codes. (Added, Bill No. 1996-22) 2 For garages, height is measured on the side of the building with the vehicle door. The storage height above the parking area in a detached garage cannot exceed six (6) feet in height. s For non-garage accessory structures, height is measured from the ground level to the highest point of the roof. (Amended Bill No. 1996-22; Bill No. 1999-3; Bill No. 2002-11) Section 9 Subsection 518.13, Subdivision 2 of the Richfield City Code is amended to read as follows: Subd. 2. Building setback and maximum heig ht (measurements in feet): Maximum Use Front Rear Interior Street / Height Side Corner Side (as defined in 507.07, Subd. 53) Single-family building ~ 30 25 10 15 35 (but see Subd. 3 and 5) Accessory -garage (but 30 3 10 12 14' see Subd. 3-6) (5 if utility easement) ~-S _ ___ Accessory -non-garage 30 3 5 12 12z (but see Subd. 4 and 5) (5 if utility easement) .....................................................................................................................................i..................................................................................................................a....................................................................................................................................................._i......................................................... For garages, height is measured on the side of the building with the vehicle door. The storage height above the parking area in a detached garage cannot exceed six (6) feet in height. z For non-garage accessory structures, height is measured from the ground level to the highest point of the roof. Section 10 Subsection 522.13, Subdivision 2 of the Richfield City Code is amended to read as follows: Subd. 2. Building setback and maximum heig ht (all measurements in feet): Maximum Interior Height Use Front Rear Side Street Side (as defined in 507.07, Subd. 53 Single-family buildin 30 25 10 15 25 (but see Subd. 3 and 5) : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Two-family buildin 30 25 10 15 25 (but see Subd. 3 and 5) 1 ...................................... ............................................................. Cluster home ............................................................; 50 ft. ..................................................................;... ...................................................... .........._;.......................................................................... ..... .............................. :..... developments in R- from 25 10 15 25 (but see SFH guided area (but center- Subd. 7) 'see Subd. 3 and 5)' line of originally platted street ;.. s ......................................... Cluster home 30 25 10 15 25 (but see developments in non- Subd. 7) R-SFH guided area (but see Subd. 3 and 5)' Accessory -garage ..................................................: 30 ................ e... 3 ............................................. 10 ............;..................... 15 .................. 25~ (but see Subd. 3 - 6) (5 if utility : easement) Accessory -non- 30 ...... 0 10 15 123 garage less than 120 (5 if utility square feet (but see easement) Subd. 5) Accessory non-garage 30 3 10 15 ;..... 14 :structure (but see (5 if utility Subd. 4 and 5) : easement) r~ ~ Setbacks for cluster home developments shall apply to the perimeter of the development. Setbacks between attached and detached units within a cluster home development must comply with applicable building and fire codes. (Added, Bill No. 1996-22) z For garages, height is measured on the side of the building with the vehicle door. The storage height above the parking area in a detached garage cannot exceed six (6) feet in height. s For non-garage accessory structures, height is measured from the ground level to the highest point of the roof. Section 11 Subsection 532.03, Subdivisions 4, 5 and 6 of the Richfield City Code are amended to read as follows and all subsequent Subdivision renumbered accordingly: Subd. 4. Neighborhood service and/or office businesses (excluding those listed in Section 532.07 and 532.09) and 2~9 4,000 square feet or less of gross floor area. C~~hrl G AloirvhhnrhnniJ nffino h~~~inccccc /ovli~rlinn thnoo li~4er1 in Con4inr, CQ') (17 ~+n~J CQ7 (1Q\ ~~ii+h 7 Ffl(1 cn~ ~~ro foot nr lose of rrrncc• flnnr wcccro ..~ ...... ~,.,.........~.................... ......, ... ~....... ....... a~'ea- Subd. 65. Licensed day care businesses not exceeding X0894,000 square feet of rg oss floor area. Section 12 Subsection 532.11 of the Richfield City Code is amended to read as follows: 532.11. Dimensional requirements. Subdivision 1. The following dimensional requirements apply to the C-1 district. All dimensions are in feet unless otherwise indicated. . . . .. . . . .. . . . .. . . .. . . . . Minimum lot width Interior lot: 60 Corner lot: 75 Minimum lot area 8 000 s uare feet Maximum impervious 80 percent .surface coverage ................................................................................................................................:....................................................................................................................................................................................................................... ~, ~ o Setbacks -building :Principal building Accessory building _Front....~see_also Subd. 2) 30 _30 ................................. :.Rear (see also Subd. 4) Adjacent to R, R-1 or 15 8 MR-1 District Adjacent to non-R, R-1 5 5 or MR-1 District .................. .. .................................. .................._ ... . . ....... Street..~..corner side...~but ........... 20 20 see Subd. 3 & 4) Interior side (see also Subd. 4) Adjacent to R, R-1 or 15 10 MR-1 District ........................ ~.~ ..............................................................................e...... .................. ............... Adjacent to non-R, R-1 5 5 or MR-1 District Maximum building height 30 :. 15 ... Story limitations 2 stories 1 story Setbacks -parking (measured from the property line) Section 13 Subsection 534.07, Subdivision 9 of the Richfield City Code is amended to read as follows: Subd. 9. Hospitals and m°rrr~24-hour urgent care clinics, provided the following conditions are met: a) The use site shall abut an arterial or collector street; and b) A buffer yard of not less than 25 feet in width shall be provided to separate all aspects of such use from any abutting parcel. Section 14 Subsection 534.11 of the Richfield City Code is amended to read as follows: 534.11. Dimensional requirements. Subdivision 1. The following dimensional requirements apply to the C-2 District. All dimensions are in feet unless otherwise indicated. C~- ~ ~ ,...._Minimu.m_..lot width ................................. .........................Interior lot.......75................,. ........Corner lot:......90_................ lot area Minimu m . .......... .................... _9,000_sg_uare feet _ _ ..._ ............................. ... Maximum impervious 85 pe rcent :.surface coverage Setbacks -building Principal building Accessory building _Front..._(see .also Subd. 2) 35 _35 .......................... :.Rear (see also Subd. 4) Adjacent to R, R-1 or 20 8 MR-1 District Adjacent to non-R, R-1 5 5 or MR-1 District Street /corner side (but 25 25 ;see Subd. 3) Interior side (see also Subd. 4 Adjacent to R, R-1 or 20 20 MR-1 District Adjacent to non-R, R-1 0 0 or MR-1 District ....................... .. 4 ......... Maximum building height ................ 40 15 (but see Subd. 5) _Sto.ry.._limitations ................................................. .i..........................._3 _stories............................~...... ............................._~...._sto.rY.................................... Section 15 Subsection 537.03, Subdivision 1 of the Richfield City Code 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 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 COMMERCIAL Re Tonal retail services N C P General retail services C P P Nei hborhood retail services P P P Restaurant Class I servin alcohol N C P Restaurant Class II (traditional/cafeteria) P P P Restaurant Class III (fast food/convenience) N C C Restaurant Class IV take out onl P P P ~, i a Use MU-N MU-C MU-R Service Station /convenience store N P P Convenience store P P P Offices and clinics A P P Hotel/motel (defined as 6 or more rooms) N P P Mortuaries and funeral chapels N P N Health or athletic clubs, spas, o a studios N P P Theaters, movie or live entertainment N N P Auto sales or lease -new vehicles N N C Auto mechanical or bod repair shops N C C Auto detailin N C C Auto rental facilities accessory to a primary office or hotel use N A A Assembly and manufacturing accessory and subordinate to a retail use N A A Drive-up window or teller service N C C Adult business establishments as defined and regulated under Subsection 1196 of the Cit Code N P P Firearms related uses N N C Licensed da care facilities P P P RESIDENTIAL Dwellin ,townhouse P N N Dwelling, multi-family (min. 3 units) P P P but see 537.07 Subd. Live -work units P P N Assisted livin facilities, nursin ,rest homes P P N INSTITUTIONAL/PUBLIC Places of worship P P A Government offices A P A Police sub-station P P P Schools P P C Librar P P N Parks P P P Hos itals N N P Transit facilities A A A Public utility A A A Section 16 Subsection 537.13, Subdivision 2 of the Richfield City Code is amended to read as follows: (O' ~~ Subd. 2. Expansion of Dimensional or Bulk Non-Conformities. Legally nonconforming ~-sesbuildings existing prior to February 19, 2006 that do not meet dimensional or bulk standards of the Mixed Use Zoning District may be expanded through review and approval of a site plan - Subsection 547.13. Expansion or modification of a ~selegally nonconforming building shall: a) Not increase the degree of non-conforming; b) Result in the building and .property being in greater conformance with the goals and policies of the Comprehensive Plan; and c) Not significantly impede implementation of goals and policies of the Comprehensive Plan. Section 17 Subsection 544.13, Subdivision 5 of the Richfield City Code is amended to read as follows: Subd. 5. Parking Lot Setbacks. a) Parking lots must be set back eight (8) feet from the right-of- way. b) Parking lots must be set back five (5) feet from adjacent commercial and mixed use property. c) Parking lots must be set back 15 feet from adjacent residential property with appropriate screening as required by Subsection 544.03 Subd. 5 for residential sites or Subd. 6 for commercial. Section 18 Subsection 544.13, Subdivision 6 of the Richfield City Code is amended to read as follows: Subd. 6. Number of Off-Street Spaces Required. Off-street parking spaces shall be provided according to the following minimum standards. Parking for land uses not listed below shall be regulated according to the most similar use and/or authoritative sources as determined by the' City Planner. Land Use :Minimum Number of Off-Street Parking Spaces Required* COMMERCIAL USES Animal hospital 1 for every 200 square feet of gross floor area. Auto mechanical Lbody repair 4 plus 2 per service stall and 1 per shop or gas station :150 square feet of retail area Bakery 1 per 25 square feet of customer floor i area. Bank or similar financial service 1 space per 250 square feet of gross : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . floor area. . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : Co -1 ~ Land Use :Minimum Number of Off-Street Parking Spaces Required* Bed and breakfast inn 2 plus 1 per room for rent. No :required parking may be located in the front yard nor shall the parking area exceed fifty percent of the rear yard. Bowling alley 5 per bowling lane plus 1 per 4.5 seats of other related facilities (e.g., restaurant) Coffee shop 4.5 per 1,000 square feet of gross floor area. ................................................................................................................................................................................. Dance or physical culture studio .:.......... 3 per 1,000 square feet of gross floor area. Day care center (adult or child) 1 per 5 enrolled persons based on licensed capacity.~ .......................................................................... Health club or fitness center 1 per 225 square feet of gross floor area Hotel 1 per room plus 1 per 4.5 seats of other related facilities (e.g., .restaurant) Medical or dental office Floor area of 2,500 square feet or 1 for every 250 square feet of floor less :area. .......... . Floor area greater than 2,500 1 for every 200 square feet of floor square feet ;area. Office Floor area of less than 50,000 1 per 275 square feet of floor area square feet Floor area of 50,000 to 200,000 1 per 300 square feet of floor area square feet Floor area of 200,000 to 400,000 1 per 325 square feet of floor area square feet Floor area of more than 400,000 1 per 350 square feet of floor area square feet Other businesses or industries, 1 per 2 employees plus 1 per vehicle including wholesale :used in conduct of the enterprise OR 1 per 800 square feet of gross floor area, whichever is greater. _S h o.p.p....!_n..g.._center .......................................................................................... .......................................................................................................................................... Community (under 50,000 sf) 3.5 per 1,000 square feet of gross floor area Re Tonal (50,000 sf or more) :........ 9 .......................... 4 per 1,000 square feet of gross floor G -i~ Land Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restaurants or food service in shopping centers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Retail (other than shopping center) where more than 25 percent of the gross floor area is customer area . . . .. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Retail (other than shopping center) where more than 25 percent of the gross floor area is customer area and where the merchandise is large such as furniture, carpeting, large appliances _or auto,mobiles Retail (other than shopping center) where less than 25 percent of the gross floor area is customer area and where the product is picked up or...delivered..._bY.._p_atron_. ............................................ Restaurants Class I and II . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Class III (Fast food /convenience) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Class IV (Take-out only) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Theater _ __ Minimum Number of Off-Street Parking Spaces Required* area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Calculated separately unless the restaurant meets all of these requirements: . The shopping center floor area is over 20,000 square feet • The restaurant does not have wait staff serving food directly to the customer while seated . The restaurant does not have an intoxicating liquor license The restaurant does not have in- vehicle sales or service . The combined total or all restaurants and food services total less than 25 percent of the gross floor area of the building and shopping center. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a--per~89 5 per 1,000 square feet of gross floor area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a--peg-a88 2 per 1,000 square feet of floor area (including outdoor display areas . 4~_ ...................................... q_......................................................... 10 per 1,000 s uare feet of gross floor area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 per 1,000 square feet of gross floor area. 17 per 1,000 square feet of gross floor area. 1 per 25 square feet of customer floor area plus 1 per delivery vehicle on the maximum shift. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 per 3 seats if part of a shopping center; 1 per 2.5 seats if free standing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 19 Subsection 544.25, Subdivision 3 of the Richfield City Code is amended to read as follows: ~-icy Subd. 3. Exemptions. Permits are not required for: i. Adjustment ^r r°^'°^°m°^+ of the elements of an antenna array affixed to a tower or antenna, provided that replacement does not reduce the safety factor. ii. Antennae and/or towers erected temporarily for test purposes, for emergency communication,. orfor broadcast remote pick-up operations. Temporary antenna shall be removed within 72 hours following installation. Section 20 Anew Subsection 549.19 of the Richfield City Code to read as follows is added, and by now renumbering all following subsections accordingly: 549.19. Expiration. Sign permits are valid for one year from the permit issuance date. Section 21 Subsection 549.21, Subdivision 4 of the Richfield City Code is amended to read as follows: Subd. 4. Banners. Banners, where permitted, are subject to the following standards: a) Banners shall be attached to a structure, shall be strongly constructed, and shall be securely attached to their supports; b) Banners shall be removed (including all framework and supports) as soon as damaged or torn; c) There shall be no more than one banner per tenant on any building frontage (see Subsection 549.23 for size allowances); d) Due to the construction methods of banners and their tendency toward damage, no banner may be displayed for more than 28 days.-; and e) No more than four (4) temporary sign permits shall be issued to any business organization or institution within any calendar year. Section 22 Subsection 549.21, Subdivision 5 of the Richfield City Code is amended to read as follows: Subd. 5. Setbacks. Unless specifically noted otherwise, all signs shall maintain a 5-foot setback from all lot lines. The City may require a greater or lesser setback because of public safety reasons that may include the following conditions: vehicle sight distance (see Subsection 925.01, Subd. ~, distance from intersection, designation of adjacent right-of-way. ~-~~ Section 23 Subsection 549.23, Subdivision 2, Clause b of the Richfield City Code is amended to read as follows: b) Within commercial, mixed-use neighborhood, mixed-use community, mixed-use regional and industrial zoning districts, wall signs may not exceed 15 percent of the total wall area of the wall to which the sign is attached. In the case of multiple occupancy, the total area of wall signs which each occupant may display shall not exceed 15 percent of the exterior wall of the portion of the building occupied by that tenant. Section 24 The Richfield City Code is amended by repealing Subsection 507.07, Subdivision 122 and Subsection 549.23, Subdivision 3. Section 25 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 day of 2011. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk C~-1~ RESOLUTION NO. RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDING SUBSECTION 509.11; 509.15, SUBDIVISIONS 3 AND 10; 509.21, SUBDIVISION 11; 512.07; 512.09; 514.05, SUBDIVISION 5; 514.14, SUBDIVISION 2; 518.13, SUBDIVIDION 2; 522.13, SUBDIVISION 2; 532.03, SUBDIVISIONS 4, 5 AND 6; 532.11; 534.07, SUBDIVISION 9; 534.11; 537.03, SUBDIVISION 1; 537.13, SUBDIVISION 2; 544.13, SUBDIVISIONS 5 AND 6; 544.25, SUBDIVISION 3; 549.21, SUBDIVISIONS 4 AND 5; AND 549.23, SUBDIVISION 2; ADDING NEW 549.19; AND REPEALING 507.07, SUBDIVISION 122; AND 549.23, SUBDIVISION 3 OF THE CITY CODE RELATED TO VARIOUS ZONING REGULATIONS 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. 2011 AN ORDINANCE AMENDING SUBSECTION 509.11; 509.15, SUBDIVISIONS 3 AND 10; 509.21, SUBDIVISION 11; 512.07; 512.09; 514.05, SUBDIVISION 5; 514.14, SUBDIVISION 2; 518.13, SUBDIVIDION 2; 522.13, SUBDIVISION 2; 532.03, SUBDIVISIONS 4, 5 AND 6; 532.11; 534.07, SUBDIVISION 9; 534.11; 537.03, SUBDIVISION 1; 537.13, SUBDIVISION 2; 544.13, SUBDIVISIONS 5 AND 6; 544.25, SUBDIVISION 3; 549.21, SUBDIVISIONS 4 AND 5; AND 549.23, SUBDIVISION 2; ADDING NEW 549.19; AND REPEALING 507.07, SUBDIVISION 122; AND 549.23, SUBDIVISION 3 OF THE CITY CODE RELATED TO VARIOUS ZONING REGULATIONS This summary of the ordinance is published pursuant to Section 3.12 of the Richfield City Charter. This ordinance makes the following changes to the City Code: bay windows shall be allowed to encroach into setbacks, fences place within three feet of a wall or berm shall be measured together in height calculations, massage therapy may be practiced as a home business by those licensed in accordance with ordinance provisions, businesses in the Neighborhood Business (C-1) District are permitted to be up to 4,000 square feet, commercial setbacks when adjacent to Two-Family Residential (MR-1) properties have been increased, medical clinics shall be permitted in the General Commercial (C-2) District without a conditional use permit, sign permits shall expire one year after issuance, one temporary signs per tenant allowed in multi-tenant buildings, and a maximum of four temporary sign permits per business per year. Additional language corrections, redundancies and reference additions have been made. ~~ 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 26th day of April, 2011. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: PROPOSED ORDINANCE ,AGENDA ITEM # 7 ,REPORT # 92 STAFF REPORT CITY COUNCIL MEETING APRIL 26, 2011 REPORT PREPARED BY: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached resolution awarding the sale of $1,490,000 General Obligation (G.O.) Water Revenue Bonds, Series 2011A. I. RECOMMENDED ACTION: By Motion: Approval of the attached resolution awarding the sale of General Obligation Water Revenue Bonds, Series 2011A, in the aggregate principal amount of $1,490,000; Fixing their form and specifications; Directing their execution and delivery; and providing for their payment. II. BACKGROUND • At the April 12, 2011 City Council meeting, the City Council approved a resolution calling for the sale of $1,490,000 G.O. Water Revenue Bonds, Series 2011A. • The current issue is the second bond issue that will fund capital .improvements needed for the Water operation. In 2006 the City issued $6,080.,000 G.O. Water and Sewer Revenue Bonds to finance capital improvements to the Water and Sewer operations of the City. All of the improvements to be funded by the 2006 bond issue have been completed. • At the present time there is a need for further capital improvements to the water utility infrastructure. It is ...planned that the funding for the improvements would be provided through a combination of an internal loan and the issuance of general obligation revenue bonds. • At the October 12, 2010 City Council Study Session, the Council reviewed the 2011 utility operation budgets, rates, capital improvements and the potential for a bond issue. CHRIS REGIS, FINANCE MANAGER • The Water Utility staff has been working with engineering firms to determine the needs and cost of replacement and refurbishment of the infrastructure of the utility. • At the November 23, 2010 City Council meeting, the Council approved the first phase of funding for the improvements by authorizing a $1,000,000.00 internal loan to the Water Utility. The loan carried a term of ten (10) years at an interest rate of 2%. • At the February 8, 2011 City Council meeting, the Council approved a resolution that allowed staff to incur costs for proposed water infrastructure capital improvements prior to issuance of revenue bonds. The resolution allowed costs incurred up to sixty days prior to Council approval to be reimbursed using the proceeds of the revenue bonds proposed to be issued. • Bids on the bonds are due in the offices of Ehlers & Associates, Inc. on Tuesday April 26, 2011. A representative from Ehlers & Associates, Inc. will be at the City Council meeting to recommend the successful bidder and review attached documents, and provide information that is absent from the resolution and available only after the bidding on the bonds has closed. • Following Ehlers & Associates, Inc. recommendation it would be appropriate for the City Council to award the bond sale to the qualified buyer and undertake other related actions as necessary as delineated in the approving resolution. The anticipated closing on the 2011A Bonds is scheduled for May 16, 2011. III. BASIS OF RECOMMENDATION A. POLICY • The Water Utility infrastructure is an important asset of the City and needs to be maintained at up to date operating standards. B. CRITICAL ISSUES • If the improvements are not completed, the Water Utility infrastructure could possibly face equipment failures and interruptions in operations. C. FINANCIAL • The par value of the bonds to be issued is $1,490,000 with net proceeds for the project of $1,440,000. • The total funding for the planned improvements will be provided through the $1,000,000 internal loan and $1,440,000 of bond proceeds for a total of $2,440,000. 2 • The planned sources and uses are as follows: Sources • Internal loan $1,000,000 Bond proceeds 1,440,000 Total Sources $2,440,000 Uses Logan Water Tower Rehabilitation $ 860,000 Clarifier & Baffle Replacement 1,240,000 Chain Room Pipe/Motor Replacement 240,000 Generator Improvements 100,000 Total Uses $2,440,000 The debt service of the bonds and the internal loan will be paid from operations of the Water Utility. All improvements proposed are included in the 2011 Capital Improvement Budget with the exception the backup generator improvements. The generator improvements are needed due to new emission standards required by the Environmental Protection Agency. The City has also applied for participation with the Minnesota Public Facilities Authority Credit Enhancement Program. The purpose of the program is to reduce borrowing costs on the issuance of general obligation bonds by providing a limited state guarantee on the bond payments, which then allows for the possibility of issuers to receive higher bond ratings. D. LEGAL • Legal Council has been involved in the bond sale transactions as bond counsel to the City. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • None. V. ATTACHMENTS • A .Resolution Awarding the Sale of $1,490,000 General Obligation Water Revenue Bonds, Series 2011A. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Representative from Ehlers & Associates, Inc. 3 r ` Extract of Minutes of Meeting of the City Council of the City of Richfield, Hennepin County, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Richfield, Minnesota, was duly held at the City offices in said City on Tuesday, April 26, 2011, commencing at 7:00 P.M. The following members were present: and the following were absent: The Mayor announced that the next order of business was consideration of the proposals which had been received for the purchase of the City's General Obligation Water Revenue Bonds, Series 2011A, in the aggregate principal amount of $1,490,000. The City Manager presented a tabulation of the proposals that had been received in the manner specified in the Notice of Sale for the Bonds. The proposals are attached hereto as EXHIBIT A. After due consideration of the proposals, Member then introduced the following written resolution, the reading of which was dispensed with by unanimous consent, and moved its adoption: T~ RESOLUTION NO. A RESOLUTION AWARDING THE SALE OF GENERAL OBLIGATION WATER REVENUE BONDS, SERIES 2011A, IN THE AGGREGATE PRINCIPAL AMOUNT OF $1,490,000; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Council of the City of Richfield, Minnesota (the "City"), as follows: Section 1. Sale of Bonds. 1.01. Authorizing Resolution. On April 12, 2011, the City Council adopted a resolution authorizing the sale of the City's General Obligation Water Revenue Bonds, Series 201 lA (the "Bonds"), in the original aggregate principal amount of $1,490,000 to finance various capital improvements to the City's drinking water infrastructure (the "Project") pursuant to Minnesota Statutes, Sections 444.075 and 115.46 and Minnesota Statutes, Chapter 475, as amended (collectively, the "Act"). 1.02. Award to the Purchaser and Interest Rates. The proposal of (the "Purchaser"), to purchase the Bonds of the City is found and determined to be a reasonable offer and is accepted, the proposal being to purchase the Bonds at a price of $ (par amount of $ ,plus original issue premium of $ ,less original issue discount of $ ,less underwriter's discount of $ ), plus accrued interest to date of delivery, if any, for Bonds bearing interest as follows: Year Interest Rate Year 2013 2023 2014 2024 2015 2025 2016 2026 2017 2027 2018 2028 2019 2029 2020 2030 2021 2031 2022 2032 Net interest cost: Interest Rate 1.03. Purchase Contract. The sum of $ ,being the amount proposed by the Purchaser in excess of $ ,shall be credited to the Debt Service Fund hereinafter created or deposited in the Construction Fund hereinafter created, as determined by the Finance Manager of the City in consultation with the City's financial advisor. The Finance Manager is directed to retain the good faith check of the Purchaser, pending completion of the sale of the Bonds, and to return the good faith checks of the unsuccessful proposers. The Mayor and City Manager are directed to execute a contract with the Purchaser on behalf of the City. 2 ~ -3 1.04. Terms and Principal Amounts of the Bonds. The City will forthwith issue and sell the Bonds pursuant to the Act in the total principal amount of $ ,originally dated May 18, 2011, in the denomination of $5,000 each or any integral multiple thereof, numbered No. R-1, upward, bearing interest as above set forth, and maturing serially on February 1 in the years and amounts as follows: Year Amount Year Amount 2013 2023 2014 2024 2015 2025 2016 2026 2017 2027 2018 2028 2019 2029 2020 2030 2021 2031 2022 2032 1.05. Optional Redemption. The City may elect on February 1, 2020, and on any day thereafter to prepay Bonds due on or after February 1, 2021. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC (as defined in Section 7 hereof) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. [1.06. Term Bonds. To be completed if Term Bonds are requested by the Purchaser.] Section 2. Registration and Payment. 2.01. Registered Form. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond will be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds will be payable on February 1 and August 1 of each year, commencing February 1, 2012, to the registered owners of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not that day is a business day. 2.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating agent and paying agent (the "Registrar"). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: 3 ~ - ~~ (a) Re ig~ster. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until that interest payment date. (c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. Bonds surrendered upon transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes, and payments so made to a registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. The Registrar may impose a charge upon the owner thereof for a transfer or exchange of Bonds sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for a Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has 4 ` / already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. (i) Redem tp ion. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing the notice if required by law. Failure to give notice by publication or by mail to registered owners, or any defect therein, will not affect the validity of the proceedings for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 2.04. Appointment of Initial Re ig stray. The City appoints Wells Fargo Bank, National Association, Minneapolis, Minnesota, as the initial Registrar. The Mayor and the City Manager are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, the resulting corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the City Finance Manager must transmit to the Registrar moneys sufficient for the payment of all principal and interest then due. 2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the direction of the City Manager and executed on behalf of the City by the signatures of the Mayor and the City Manager, provided that those signatures may be printed, engraved or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of a Bond, that signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on a Bond is conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the City Manager will deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. 2.06. Temporap r.Y Bonds. The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in EXHIBIT B with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled. Section 3. Form of Bond. 3.01. Execution of Bonds. The Bonds will be printed or typewritten in substantially the form as set forth in EXHIBIT B attached hereto. 3.02. Approving Le ag 1 Opinion. The City Manager will obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which will be complete except as to dating thereof and will cause the opinion to be printed on or accompany each Bond. Section 4. Payment; Security; Pledges and Covenants. 4.01. Debt Service Fund. The City will continue to operate and maintain its Water Fund to which will be credited all gross revenues of the water system and out of which will be paid all normal and reasonable expenses of current operations of the water system. Any balance therein is deemed net revenues and will be transferred, from time to time, to a General Obligation Water Revenue Bonds, Series 2011A Debt Service Fund (the "Debt Service Fund") hereby created, which fund will be used only to pay principal of and interest on the Bonds and any other bonds similarly authorized. There will always be retained in the Debt Service Fund a sufficient amount to pay principal of and interest on all the Bonds, and the City Manager must report any current or anticipated deficiency in the Debt Service Fund to the City Council. There is appropriated to the Debt Service Fund (i) capitalized interest financed from Bond proceeds, if any; (ii) any amount over the minimum purchase price of the Bonds paid by the Purchaser, to the extent designated for deposit in the Debt Service Fund in accordance with Section 1.03, if any; and (iii) the accrued interest paid by the Purchaser upon closing and delivery of the Bonds, if any. 4.02. Construction Fund. The proceeds of the Bonds, less the appropriations made in Section 4.01, together with any other funds appropriated during the construction of the Project financed by the Bonds, will be deposited in a separate construction fund (the "Construction Fund") to be used solely to defray expenses of the Project and the payment of principal and interest on the Bonds prior to the completion and payment of all costs of the Project. When the Project is completed and the cost thereof paid, the Construction Fund is to be closed and any balance therein is to be deposited in the Debt Service Fund. 4.03. City Covenants. The City Council covenants and agrees with the holders of the Bonds that so long as any of the Bonds remain outstanding and unpaid, it will keep and enforce the following covenants and agreements: (a) The City will continue to maintain and efficiently operate the water system as a public utility and convenience free from competition of other like municipal utilities and will cause all revenues therefrom to be deposited in bank accounts and credited to the water system funds as hereinabove provided, and will make no expenditures from those accounts except for a duly authorized purpose and in accordance with this resolution. (b) The City will also maintain the Debt Service Fund as a separate account and will cause money to be credited thereto from time to time, out of net revenues from the water system in sums sufficient to pay principal of and interest on the Bonds when due. (c) The City will keep and maintain proper and adequate books of records and accounts separate from all other records of the City in which will be complete and correct entries as to all transactions relating to the water system and which will be open to inspection and copying by any bondholder, or the bondholder's agent or attorney, at any reasonable time, and it will furnish certified transcripts therefrom upon request and upon payment of a reasonable fee 6 ~~ therefor, and said account will be audited at least annually by a qualified public accountant and statements of such audit and report will be furnished to all bondholders upon request. (d) The City Council will cause persons handling revenues of the water system to be bonded in reasonable amounts for the protection of the City and the bondholders and will cause the funds collected on account of the operations of the water system to be deposited in a bank whose deposits are guaranteed under the Federal Deposit Insurance Law. (e) The Council will keep the water system insured at all times against loss by fire, tornado and other risks customarily insured against with an insurer or insurers in good standing, in such amounts as are customary for like plants, to protect the holders, from time to time, of the Bonds and the City from any loss due to any such casualty and will apply the proceeds of such insurance to make good any such loss. (f) The City and each and all of its officers will punctually perform all duties with reference to the water system as required by law. (g) The City will impose and collect charges of the nature authorized by Section 444.075 of the Act, at the times and in the amounts required to produce net revenues adequate to pay all principal and interest when due on the Bonds and to create and maintain such reserves securing said payments as maybe provided in this resolution. (h) The City Council will levy general ad valorem taxes on all taxable property in the City when required to meet any deficiency in net revenues. 4.04. Debt Service Coverage. It is hereby determined that the estimated collection of net revenues from the water system of the City for the payment of principal and interest on the Bonds will produce at least five percent in excess of the amount needed to meet, when due, the principal and interest payments on the Bonds and that no tax levy is needed at this time. 4.05. Registration of Resolution. The City Manager is authorized and directed to file a certified copy of this resolution with the Taxpayer Services Division Manager of Hennepin County, Minnesota, and to obtain the certificate required by Section 475.63 of the Act. 4.06. State Credit Enhancement. (a) Pursuant to a resolution adopted by the City Council on April 12, 2011, the City Council authorized and directed City staff, financial advisors, and bond counsel to enter the City into a Credit Enhancement Program Agreement (the "Credit Agreement") with the Minnesota Public Facilities Authority (the "Authority"). Pursuant to Minnesota Statutes, Section 446A.086, as amended (the "Credit Enhancement Act"), the State of Minnesota, acting through the Authority, may provide a guarantee of any deficiency of debt service payments on the Bonds. Pursuant to the Credit Enhancement Act, the City makes the following representations and covenants: (i) the City will notify the Authority of any default or potential default in the payment of principal or interest due on the Bonds; (ii) the City will deposit with the Registrar all payments of principal and interest due on the Bonds at least three business days prior to the payment due date; (iii) the agreement the City enters into with the Registrar will include all provisions required by the Credit Enhancement Act; and 7 ~-s (iv) the City will comply with all provisions of the Credit Agreement and with the Credit Enhancement Act. (b) Pursuant to Section 3 of the Credit Enhancement Act, the City acknowledges and agrees that the Registrar is required to inform the Minnesota Commissioner of Management and Budget and the Authority if the Registrar becomes aware of a default or potential default in the payment of principal or interest on the Bonds or if, on the day two business days before the date a payment is due on the Bonds, there are insufficient funds to make the payment on deposit with the Registrar. Section 5. Authentication of Transcript. 5.01. City Proceedings and Records. The ofEcers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds, and such instruments, including any heretofore furnished, will be deemed representations of the City as to the facts stated therein. 5.02. Certification as to Official Statement. The Mayor, City Manager and Finance Manager are authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. 5.03. Other Certificates. The Mayor and City Manger are hereby authorized and directed to furnish to the Purchaser at the closing such certificates as are required as a condition of sale. Unless litigation shall have been commenced and be pending questioning the Bonds or the organization of the City or incumbency of its officers, at the closing the Mayor and the City Manager shall also execute and deliver to the Purchaser a suitable certificate as to absence of material litigation, and the City Manager shall also execute and deliver a certificate as to payment for and delivery of the Bonds. 5.04. Payment of Costs of Issuance. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses (other than amounts payable to Kennedy & Graven, Chartered, as Bond Counsel) to K1einBank, Chaska, Minnesota on the closing date for further distribution as directed by the City's financial advisor, Ehlers & Associates, Inc. Section 6. Tax Covenant. 6.01. Tax-Exempt Bonds. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the "Code"), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. 6.02. No Rebate. For purposes of qualifying for the small issuer exception to the federal arbitrage rebate requirements, the City hereby finds, determines, and declares that the aggregate face amount of all tax- exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities of the City) ~-~ during the calendar year in which the Bonds are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(D) of the Code. 6.03. Not Private Activity Bonds. The City further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 6.04. Qualified Tax-Exempt Obli atg ions. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City makes the following factual statements and representations: (a) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (b) the City designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code; (c) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds) which will be issued by the City (and all subordinate entities of the City) during calendar year 2011 will not exceed $10,000,000; and (d) not more than $10,000,000 of obligations issued by the City during calendar year 2011 have been designated for purposes of Section 265(b)(3) of the Code. 6.05. Procedural Requirements. The City will use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section. Section 7. Book-Entry System; Limited Obligation of Cites 7.01. DTC. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.04 hereof. Upon initial issuance, the ownership of each Bond will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns ("DTC"). Except as provided in this section, all of the outstanding Bonds will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC. 7.02. Participants. With respect to Bonds registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC, the City, the Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (the "Participants") or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any other person (other than a registered owner of Bonds, as shown by the registration books kept by the Registrar), of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, of any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bond, and for all other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the 9 7-Io registration books kept by the Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the City's obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City Manager of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the words "Cede & Co." will refer to such new nominee of DTC; and upon receipt of such a notice, the City Manager will promptly deliver a copy of the same to the Registrar and Paying Agent. 7.03. Representation Letter. The City has heretofore executed and delivered to DTC a Blanket Issuer Letter of Representations (the "Representation Letter") which shall govern payment of principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any Paying Agent or Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary for all representations of the City in the Representation Letter with respect to the Registrar and Paying Agent, respectively, to be complied with at all times. 7.04. Transfers Outside Book-Entry S,, sue. In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial interests in the Bonds that they be able to obtain Bond certificate, the City will notify DTC, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered owner in accordance with the provisions of this Resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City will issue and the Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof. 7.05. Payments to Cede & Co. Notwithstanding any other provision of this Resolution to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with respect to principal of, premium, if any, and interest on the Bond and all notices with respect to the Bond will be made and given, respectively in the manner provided in DTC's Operational Arrangements, as set forth in the Representation Letter. Section 8. Continuins~ Disclosure. 8.01 Execution of Continuing Disclosure Certificate. "Continuing Disclosure Certificate" means that certain Continuing Disclosure Certificate executed by the Mayor and City Manager and dated the date of issuance and delivery of the Bonds, as originally executed and as it maybe amended from time to time in accordance with the terms thereof. 8.02. City Compliance with Provisions of Continuing Disclosure Certificate. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this Resolution, failure of the City to comply with the Continuing Disclosure Certificate is not to be considered an event of default with respect to the Bonds; however, any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this section. Section 9. Defeasance. When all Bonds and all interest thereon have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the holders of the 10 ~-ii Bonds will cease, except that the pledge of the full faith and credit of the City for the prompt and full payment of the principal of and interest on the Bonds will remain in full force and effect. The City may discharge all Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full. If any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. (The remainder of this page is intentionally left 11 ~-ia The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 12 ~- ~3 EXHIBIT A PROPOSALS A-1 7~-ly EXHIBIT B FORM OF BOND No. R- UNITED STATES OF AMERICA $ STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF RICHFIELD GENERAL OBLIGATION WATER REVENUE BOND SERIES 2011A Date of Rate Maturi Original Issue CUSIP February 1, 20_ May 18, 2011 Registered Owner: Cede & Co. The City of Richfield, Minnesota, a duly organized and existing municipal corporation in Hennepin County, Minnesota (the "City"), acknowledges itself to be indebted and for value received hereby promises to pay to the Registered Owner specified above or registered assigns, the principal sum of $ on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above, payable February 1 and August 1 in each year, commencing February 1, 2012, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by Wells Fargo Bank, National Association, Minneapolis, Minnesota, as Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. The City may elect on February 1, 2020, and on any day thereafter to prepay Bonds due on or after February 1, 2021. Redemption maybe in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify The Depository Trust Company ("DTC") of the particular amount of such maturity to be prepaid. DTC will determine by lot the .amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. [The Bonds maturing on February 1, 20_ .and February 1, 20_, shall hereinafter be referred to collectively as the "Term Bonds." The principal amounts of the Term Bonds subject to mandatory sinking fund redemption on any date may be reduced through earlier optional redemptions, with any partial redemptions of the Term Bonds credited against future mandatory sinking fund redemptions of such Term Bonds in such order as the City shall determine. The Term Bonds are subject to mandatory sinking fund redemption and shall be redeemed in part at par plus accrued interest on February 1 of the following years and in the principal amounts as follows: B-1 7-is Bonds Maturing February 1, 20_ Year Amount Year * Maturity. Year * Maturity] Amount Bonds Maturing February 1, 20_ Amount Year Amount The City Council has designated the issue of Bonds of which this Bond forms a part as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the "Code") relating to disallowance of interest expense for financial institutions and within the $10,000,0001imit allowed by the Code for the calendar year of issue. This Bond is one of an issue in the aggregate principal amount of $1,490,000 all of like original issue date and tenor, except as to number, maturity date, redemption privilege, and interest rate, all issued pursuant to a resolution adopted by the City Council on Apri126, 2011 (the "Resolution"), for the purpose of providing money to aid in financing various improvements to the water systems of the City, pursuant to and in full conformity with the home rule charter of the City and the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapter 475, as amended, and Minnesota Statutes, Section 444.075, and the principal hereof and interest hereon are payable primarily from the net revenues of the water system of the City in a special debt service fund of the City, as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy ad valorem taxes on all taxable property in the City in the event of any deficiency in net revenues pledged, which taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. IT IS HEREBY CERTIFIED AND RECITED That in and by the Resolution, the City has covenanted and agreed that it will continue to own and operate the water system free from competition by other like municipal utilities; that adequate insurance on said system and suitable fidelity bonds on employees will be carried; that proper and adequate books of account will be kept showing all receipts and disbursements relating to the Water Fund, into which it will pay all of the gross revenues from the water system; that it will also create and maintain a General Obligation Water Revenue Bonds, Series 2011A Debt Service Fund, into which it will pay, out of the net revenues from the water system a sum sufficient to pay principal hereof and interest thereon when due; and that it will provide, by ad valorem tax levies, for any deficiency in required net revenues of the water system. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner B-2 ?-,~ or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Registrar will be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the home rule charter of the City and the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional, statutory, or charter limitation of indebtedness. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Richfield, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures of the Mayor and City Manager and has caused this Bond to be dated as of the date set forth below. Dated: , 2011 CITY OF RICHFIELD, MINNESOTA .(Facsimile) (Facsimile) Mayor City Manager CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. WELLS FARGO BANK, NATIONAL ASSOCIATION By Authorized Representative B-3 ~-~~ ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, will be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants in common TEN ENT -- as tenants by entireties JT TEN -- as joint tenants with right of survivorship and not as tenants in common UNIF GIFT MIN ACT Custodian (Gust) (Minor) under Uniform Gifts or Transfers to Minors Act, State of Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the Securities Transfer Agent Medallion Program ("STAMP"), the Stock Exchange Medallion Program ("SEMP"), the New York Stock Exchange, Inc. Medallion Signatures Program ("MSP") or other such "signature guarantee program" as may be determined by the Registrar in addition to, or in substitution for, STAMP, SEMP or MSP, all in accordance with the Securities Exchange Act of 1934, as amended. The Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. B-4 ~--$ Name and Address: (Include information for all joint owners if this Bond is held by joint account.) Please insert social security or other identifying number of assignee PROVISIONS AS TO REGISTRATION The ownership of the principal of and interest on the within Bond has been registered on the books of the Registrar in the name of the person last noted below. Date of Registration Registered Owner Cede & Co. Federal ID #13-2555119 Signature of Officer of Re ig'strar B-5 ~-19 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS. CITY OF RICHFIELD ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Richfield, Minnesota (the "City"), do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on April 26, 2011, with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes insofar as they relate to the issuance and sale of the City's General Obligation Water Revenue Bonds, Series 2011A, in the aggregate principal amount of $1,490,000. WITNESS My hand officially as such City Clerk and the corporate seal of the City this day of , 2011. City Clerk Richfield, Minnesota (SEAL) ~-aa STATE OF MINNESOTA COUNTY OF HENNEPIN CERTIFICATE OF TAXPAYER SERVICES DIVISION MANAGER AS TO REGISTRATION WHERE NO AD VALOREM TAX LEVY I, the undersigned Taxpayer Services Division Manager of Hennepin County, Minnesota, hereby certify that a resolution adopted by the City Council of the City of Richfield, Minnesota (the "City"), on April 26, 2011, relating to the City's General Obligation Water Revenue Bonds, Series 2011A, in the aggregate principal amount of $1,490,000, dated May 18, 2011, has been filed in my office and said obligations have been registered on the register of obligations in my office. WITNESS My hand and official seal this (SEAL) day of , 201 1. Taxpayer Services Division Manager Hennepin County, Minnesota By Deputy 384885v1 JAE RC145-626