02-24-04 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
February 24, 2004
The meeting was called to order by Mayor Kirsch at 6:31 p.m.
Members Present:
Martin Kirsch, Mayor; Susan Rosenberg; Gertrude Ulrich; John Enger
(arrived at 6:33 p.m.); and Sue Sandahl.
Samantha Orduno, City Manager; Steve Devich, Administrative Services
Director; Dan Scott, Public Safety Director; Mike Eastling, Public Works
Director; Bruce Palmborg, Community Development Director; Chris Regis,
Finance Manager; Pam Dmytrenko, Assistant to City Manager; Cheryl
Krumholz, Recording Secretary; and Corrine Thomson, City Attorney.
Staff Present:
No one was registered to speak.
Mayor Kirsch led the audience in the Pledge of Allegiance.
M/Rosenberg, S/Sandahl to approve the minutes of ReQular City Council MeetinQ of
February 10. 2004.
Motion carried 5-0.
Item #1
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February 24, 2004
Mayor Kirsch announced the meeting with the Legislators was postponed to a City Council
Worksession in March.
Item #1 A
Council Member Rosenberg invited Lisa Bjerken from the Augsburg Park Library to discuss
the recent Teen Art Contest held by the Library during the Family Fun Day event.
Ms. Bjerken stated the artwork is on display at the Library. She thanked the City Council for
recognizing this event.
Council Member Enger requested a future City Council Worksession discussion regarding
garbage hauling issues, including single-sort recycling efforts, pick up service, street use and public
safety.
Council Member Enger expressed concern regarding a police chase in Richfield that he
witnessed a couple weeks ago. He said there were several public safety vehicles involved, including
the State Patrol. He suggested the State Patrol be contacted regarding this type of activity in
Richfield. He asked Public Safety Director Scott about the reason for the chase.
Public Safety Director Scott stated he would provide an update at the end of tonight's
meeting. He added Richfield has one of the most restrictive policies on pursuit.
Council Member Enger expressed concern regarding two City Council Members attending the
National League of Cities Your City's Families Conference in Portland, Oregon. He suggested one
member consider not attending because of the tough economic times and using the funds for other
purposes.
Council Member Sandahl asked when the meeting with the State Legislators is scheduled.
City Manager Orduno stated there will be a Concurrent City CouncillHRA meeting on March
15 at 5:30 p.m. followed by a Special City Council Worksession with the Legislators.
Council Member Ulrich requested the Met Council representative and Hennepin County
Commissioner also be invited.
Mayor Kirsch reported he reCeived several calls from residents in east Richfield who
expressed customer satisfaction with a recent water issue. He asked Public Works Director Eastling
to convey this to the staff.
Item #2
City Manager Orduno stated Fire Chief Kevin McGinty is retiring on April 5, 2004.
Item #3
M/Rosenberg, S/Sandahl to approve the aQenda.
Motion carried 5-0.
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February 24, 2004
It m#4
A. Approved first reading of ordinance amendments to Richfield Zoning Code Sections 506 and
526 and Richfield City Code Section 920 to create regulation for firearms related uses and
scheduling public hearing and second reading for March 23, 2004 S.R. No. 25
B. Approved resolution declaring adequacy of petition for vacation of drainage and utility
easement, first reading of transitory ordinance to vacate public easement, and scheduling
public hearing and second reading to consider request to vacate public easement at 6300
Penn Avenue for March 23, 2004 S.R. No. 26
RESOLUTION NO. 9431
RESOLUTION DECLARING ADEQUACY OF PETITION FOR
VACATION OF A PORTION OF A DRAINAGE AND UTILITY EASEMENT
(Document Number 2756159) AND CALLING FOR A PUBLIC HEARING
ON THE REQUEST TO VACATE A PORTION OF A DRAINAGE AND UTILITY EASEMENT
(Document Number 2756159)
This resolution appears as Resolution No. 9431 in Resolution Book No. 75.
C. Approved first reading of transitory ordinance providing funding for certain capital
improvements from Special Revenue Fund and scheduling public hearing and second
reading for March 23, 2004 S.R. No. 27
D. Approved resolution reappointing Robyn Goolsbey, Rudy Hanuman and Rhonda Osborne to
Richfield Tourism Promotion Board for three-year terms ending December 31,2006 S.R.
No. 28
RESOLUTION NO. 9432
RESOLUTION REAPPOINTING REPRESENTATIVES
TO THE BOARD OF DIRECTORS OF
THE RICHFIELD TOURISM PROMOTION BOARD, INC.
This resolution appears as Resolution No. 9432 in Resolution Book No. 75.
E. Removed from the consent calendar and placed on the regular agenda for consideration as
Item 5.
F. Approved resolution authorizing refunding of Multifamily Housing Revenue Refunding Bonds,
Series 1996, with issuance of series 2004 Multifamily Housing Revenue Refunding Bonds,
Series 2004; Village Shores S.R. No. 30
RESOLUTION NO. 9434
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHFIELD,
MINNESOTA, AUTHORIZING THE ISSUANCE OF ITS VARIABLE RATE
DEMAND MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (VILLAGE
SHORES APARTMENTS PROJECT), SERIES 2004, IN AN AGGREGATE
PRINCIPAL AMOUNT NOT TO EXCEED $7,610,000, WHICH BONDS AND THE
INTEREST AND PREMIUM THEREON, IF ANY, SHALL BE PAYABLE SOLELY
FROM THE REVENUES OF THE PROJECT; PRESCRIBING THE FORM OF AND
AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS
IN CONNECTION WITH THE ISSUANCE OF THE BONDS.
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February 24, 2004
This resolution appears as Resolution No. 9434 in Resolution Book No. 75.
G. Approved resolution authorizing Hennepin County Emergency Preparedness Mitigation Plan
as City of Richfield's Emergency Management Mitigation Plan S.R. No. 31
RESOLUTION NO. 9435
RESOLUTION APPROVING THE ADOPTION OF THE HENNEPIN COUNTY EMERGENCY
PREPAREDNESS MITIGATION PLAN AS THE CITY OF RICHFIELD'S EMERGENCY
MANAGEMENT MITIGATION PLAN
This resolution appears as Resolution No. 9435 in Resolution Book No. 75.
H. Approved auction service contract renewal between City of Richfield and Auction
Broadcasting Company of Minneapolis for auctioning of forfeited vehicles from Public
Safety S.R. No. 32
I. Removed from the consent cal~ndar and placed on the regular agenda for consideration as
Item 5.
M/Rosenberg, S/Sandahl to approve the Consent Calendar as amended.
Motion carried 5-0.
Item #5
4E. Consideration of approval of resolution establishing car allowance
reimbursement policy S.R. No. 29
Council Member Enger presented Staff Report No. 29 regarding consideration of approval
of a resolution establishing a car allowance reimbursement policy.
Council Member Enger ask~d how long the allowance reimbursement policy has been in
effect.
City Manager Orduno said the current reimbursement amount has been the same since
1995 with the policies in effect prior to that time.
Council Member Enger asked which Department Directors receive the reimbursement.
City Manager Orduno said all Department Directors, except the Fire Chief who gets a
vehicle.
Council Member Enger asked for the annual amount reimbursed.
City Manager Orduno said the monthly amount multiplied by 12 would provide the annual
reimbursement.
Council Member Enger asked if this reimbursement was in lieu of deducting mileage from
taxes.
Administrative Services Director Devich explained that the employees who do not receive
the car allowance, get the IRS deduction. The employees who do receive the allowance are paid
per IRS guidelines as ordinary income. He added the policy has been in effect since the 1980's.
Administrative Services Director Devich explained the history related to the establishment
of the car allowance reimbursement policy versus each Department having their own vehicle.
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February 24, 2004
City Manager Orduno stated th~i.cClrCl"owance is consistent with other cities and for most
who receive this allowance, the reimbursehlent amount is insignificant for the use of the vehicle.
Administrative Services Director Devich said Richfield is on the low-end of the allowance
and with the current budget issues, it isn't logical to increase the amount.
Council Member Enger asked if there were other reimbursements given to this group of
employees.
Administrative Services Director Devich said no.
M/Enger, S/Rosenberg that the following resolution be adopted, that it be spread in the
resolution book and that it be made part of these minutes:
RESOLUTION NO. 9433
RESOLUTION ESTABLISHING A CAR ALLOWANCE
REIMBURSEMENT POLICY
Motion carried 5-0. This resolution appears as Resolution No. 9433 in Resolution Book No.
75.
41. Consideration of approval of purchase from Wick Ford for new 2004 Ford
Explorer for use as Gopher State One Call locating vehicle used by Utility Division in
amount of $20,919, plus tax and delivery charge S.R. No. 33
Council Member Enger presented Staff Report No. 33 regarding consideration of approval
of a purchase from Wick Ford for a new 2004 Ford Explorer for use as Gopher State One Call
locating vehicle used by the Utility Division in the amount of $20,919, plus tax and delivery charge.
M/Enger to deny the purchase of a new 2004 Ford Explorer from Wick Ford in the sum of
$20,919.00 (Price does not include tax or deliverv charge) and put the funds toward another
purchase such as a police vehicle. He said another vehicle could be used as the locating vehicle.
Council Member Enger asked if the City did the locate for all utilities.
Public Works Director Eastling said the City locates water, sewer, street lights and storm
sewers, not gas and electric utilities.
City Manager Orduno asked Council Member Enger what vehicle he suggested be used to
locate utilities.
Council Member Enger stated there must be some vehicle available.
Public Works Director Eastling explained that the funds to be used for this purchase are
from the utility fund not General Fund so a Police or Fire vehicle could not be bought; the funds
must be used for utility operations.
Council Member Enger said the Gopher State locate service is not an 8-hour a day job so
there must be another vehicle that could be used.
Public Works Director Eastling explained the Gopher State locate is the primary function,
but staff also contacts developers regarding utilities.
Council Member Enger withdrew his original motion because he thought the vehicle would
only be used for Gopher State One locate services.
M/Enger, S/Sandahl to approve the purchase of a new 2004 Ford Explorer from Wick Ford
in the sum of $20,919.00 (Price does not include tax or delivervcharge).
Motion carried 5-0.
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February 24, 2004
Item #6
Mayor Kirsch presented Staff Report No. 34 regarding consideration of a resolution
amending the 2003 General Fund Budget by authorizing a transfer of appropriations from the
Public Works Department to the Fire Services Department.
Finance Manager Regis explained the transfer does not affect the General Fund and the
department pudgets must be balanced.
Council Member Enger asked if the transfer would result in any Public Works workforce
reduction.
Finance Manager Regis said no and explained the funds are from the streets division
because some planned work did not take place.
M/Enger, S/Kirsch that the followino resolution be adopted. that it be spread in the
resolution book and that it be made part of these minutes:
RESOLUTION NO 9436
RESOLUTION AUTHORIZING REVISION OF 2003 BUDGETS OF VARIOUS DEPARTMENTS
Council Member Sandahl asked about the status of increasing the number of Firefighters to
full force as discussed at the January goalsetting session.
City Manager Orduno stated the current Firefighter list is viable and one firefighter will be
hired within the next few months and the second one later in the year.
Motion carried 5-0. This resolution appears as Resolution No. 9436 in Resolution Book No.
75.
Item #7
Council Member Enger presented Staff Report No. 35 regarding consideration of a proposal
from Orfield Labs regarding an airport noise monitoring program.
Council Member Enger asked if a change in the proposal would require a re-bid process.
City Manager Orduno explained this type of professional contract is not under the State bid
guidelines.
City Manager Orduno reported on a recent discussion with Steve Orfield regarding the
City's budget constraints. She said the FAA preferred measurement of airport noise monitoring
needs to be determined. Orfield Labs can perform the preliminary work with the FAA.
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February 24, 2004
City Manager Orduno suggested the proposal be approved with two changes: contingent
upon minor modifications approved bytl1eCity Manager and the final report to be presented at a
City Council meeting, not at Orfield Labs.
City Manager Orduno said the proposal amount remains at $58,000 but includes some time
from Phase I into Phase II.
Council Member Enger stated it is important for Richfield to get as much as possible from
Orfield Labs as a third party for the money because Richfield has not had much success with MAC
and FAA. He said he was convinced Orfield Labs could be successful and he didn't want to limit
them too much. He expressed support for the $58,000 proposal.
City Manager Orduno suggested the City Council could set a not to exceed $58,000 in their
motion.
Council Member Enger stated he would not review the details of the proposal because most
people don't understand the proposal other than it is an airport noise study. He said Richfield must
bring some finalization to the east-side airport noise with a study before and after the North-South
Runway is operational.
City Manager Orduno said substantive changes to the proposal will be brought to the City
Council.
Council Member Sandahl clarified the Orfield Lab proposal Phase II includes preliminary
investigative work.
Council Member Enger stated he did not want MAC or FAA to see Richfield as selfish so a
third party should do as much as possible.
City Manager Orduno said the goal is to get a definitive metric measurement for low
frequency noise to be accepted by the FAA to set a standard. It is critical for the FAA to work with
the City, and Orfield Labs is confident he can get this accomplished.
Council Member Sandahl said the City Council has requested Mayor Kirsch to go to the
National League of Cities Conference in Washington DC to meet with the FAA and Congressman
Sabo. She said Congressman Sabo has pushed through Congress for the FAA to fund low
frequency noise monitoring.
Council Member Enger said it is imperative to have a professional work with the FAA.
Mayor Kirsch stated a letter indicating the questions to be discussed with the FAA and
Congressman Sabo will be sent prior to their meeting.
Assistant to the City Manager Dmytrenko displayed and reviewed the new map indicating
how close the North-South Runway is to residential homes.
Council Member Enger said something needs to be done for Richfield by MAC, State of
Minnesota and FAA.
M/Enger, S/Kirsch to reiect the first phase of the proposal because of its redundancy and
proceed with the second phase, with the request that some elements of the first phase, such as the
initial investiQation and research, be incorporated into one main proposal in an amount not to
exceed $58,000 without City Council approval.
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February 24, 2004
Motion carried 5-0.
Item #8
City Manager Orduno stated, as directed by the City Council, Richfield is exploring the
feasibility of PSAP (Public Safety Answering Point) consolidation study. Phase I included
Richfield, Brooklyn Center, Eden Prairie, Edina, Golden Valley, Hopkins, Minnetonka and St. Louis
Park and was completed in late January 2004. Richfield remained interested in the consolidation
study in an effort to explore first the feasibility of Richfield dispatching for other cities and if that is
not feasible, then explore other consolidation efforts. Subsequent to completion of the Phase I
Study, Minnetonka, Edina, Hopkins and Eden Prairie chose not to proceed with any further study.
Brooklyn Center, St. Louis Park and Golden Valley were involved in discussions with Hennepin
County and were uncertain of their next steps. Recently, Hennepin County notified these three
cities that the county would provide dispatch services for annual cost of approximately $200,000.
This was a surprise since the County currently provides dispatching at no cost to Maple Grove,
Brooklyn Park, Plymouth, New Hope, Crystal and Robbinsdale.
City Manager Orduno revieVl(ed the data and recommendations provided by the Phase II
study, including policy, operations, governance, service, site, staffing and training, technical and
financial.
City Manager Orduno reviewed the critical issues including 800 Mhz capabilities, cost
savings of consolidated center, community, service, local control and best position.
City Manager Orduno stated the study is costly - total of $75,000 - with each city paying
one-fourth or not more than $20,000. She added approval to proceed ties Richfield to the study
only.
Council Member Ulrich said the study should move forward.
M/Ulrich, S/Enger to proceed with Phase II of the dispatch consolidation study with a limit of
$20,000 to be budaeted from the General Fund fund balance.
Council Member Enger asked if the other cities currently have the 800 Mhz system and if
they would need to buy new radios.
City Manager Orduno said the cities would need to upgrade regardless and some cities
cannot afford the capital outlay to convert to 800 Mhz.
Council Member Enger asked if there was any benefit to move the equipment to a neutral
site.
City Manager Orduno stated that needs to be studied.
City Manager Orduno explained Richfield could dispatch for one more city with no changes,
but if more cities are included, remodeling would be necessary with the cost shared with the cities.
Richfield is sitting in the best place because 800 Mhz is operational and our response time is very
good.
Public Safety Director Scott explained the cost to move dispatch would be in excess of
$300,000. Richfield is the first City in the County to have 800 Mhz capability. When the Phase II
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February 24, 2004
study report is provided to the City Council, the true costs will be available. He said it is a complex
situation.
Council Member Enger asked if Richfield's 800 Mhz was paid in full.
Public Safety Director Scott said yes, the system is owned by the City and the portable
radios are leased.
Mayor Kirsch stated Legislative mandates are a concern so this study is critical.
City Manager Orduno said there are economies of scale for dispatching.
Motion carried 5-0.
Item #9
M/Rosenberg, S/Sandahl that the followinq claims and pavrolls be approved:
RICHFIELD BANK & TRUST CO.
AlP Checks: 130010 - 130296
PAYROLL 37547 - 37655
TOTAL
$ 1,176,088.23
$ 419,972.70
$ 1,596,060.93
Motion carried 5-0.
Public Safety Director Scott provided an update on the police chase mentioned by Council
Member Enger earlier. It occurred on February 14, 2004, originated in Apple Valley and was
related to a stolen vehicle. He explained Richfield's role in pursuits and public safety's right to call
it off.
Council Member Sandahl suggested the following items be discussed at the meeting with
the Legislators: low frequency noise, transportation, ambulance service, dispatching, east-side
development.
City Manager Orduno added levy limits and taxpayer rights legislation. She said a list of
topics would be provided to the Legislators.
Item #10
The City Council meeting was adjourned by unanimous consent at 7:51 p.
Date Approved: March 9, 2004
(.If- ,t~
Cheryl K~hO z
Recording Secretary