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10-26-98 agendaCITY OF RICHFIELD, MINNESOTA MONDAY, OCTOBER 26, 1998 REGULAR CITY COUNCIL MEETING 7:00 P.M. COUNCIL CHAMBERS AGENDA .-.INTROD.UCTORY PROCEEDINGS CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES OF REGULAR CITY COUNCIL MEETING OF OCTOBER 12, 1998 PRESENTATION INDIVIDUALS WHO WISH TO ADDRESS THE COUNCIL ARE REQUESTED TO S PRINT THEIR NAME AND ADDRESS ON THE SPEAKER'S REGISTER FOR THE RECORD. 1. OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS NOT ON THE AGENDA 2. RECREATION SERVICES DEPARTMENT REPORT REGARDING SUMMER RECREATION PROGRAMS FOR 1998 COUNCIL LETTER NO. 268 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 RESOLUTION APPOINTING YEAR 2000 PROJECT COORDINATOR C.L. 269 B. CONSIDERATION OF APPROVAL OF STATE ISSUANCE OF CURRENCY EXCHANGE LICENSE FOR YOUNGE, POTTS, WIEZER, & COMPANY, INC., 7620 LYNDALE AVENUE C.L. 270 C. CONSIDERATION OF APPROVAL OF BID MINUTES/TABULATION AND PURCHASE ORDER TO S.& A LAND. CLEARING,.JNC...IN..SUM-OF $28,000 C.L. 271 D. CONSIDERATION OF APPROVAL OF MASTER PURCHASE ORDER FOR ROCK SALT FOR ICE CONTROL DURING 1998/99 WINTER SEASON FROM I.M.C. SALT, INC. FOR ESTIMATED TOTAL OF $45,841.86 C.L. 272 PUBLIC HEARING • 5. PUBLIC HEARING AND SECOND READING OF ORDINANCE RELATING TO RULES OF COUNCIL PROCEDURE AMENDING SUBSECTIONS 205.05, 205.09 AND 205.13 OF RICHFIELD CITY CODE AND CONSIDERATION OF RESOLUTION ADOPTING RULES OF PROCEDURE AND DECORUM FOR CITY COUNCIL MEETINGS COUNCIL LETTER NO. 273 ADMINISTRATIVE REPORTS AND OTHER BUSINESS 6. CONSIDERATION OF AWARD OF CONTRACT TO MAX STEININGER, INC. FOR EXCAVATION AND SITE EARTHWORK FOR SECOND ICE SHEET AT RICHFIELD ICE ARENA IN AMOUNT OF $221,895 AND CONSIDERATION OF RESOLUTION ESTABLISHING PROCEDURES RELATING TO COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER INTERNAL REVENUE SERVICE COUNCIL LETTER NO. 274 AIRPORT BUSINESS 7. CONSIDERATION OF RESOLUTION REQUESTING METROPOLITAN AIRCRAFT SOUND ABATEMENT COUNCIL TO DEVELOP MITIGATION STUDY FOR LOW FREQUENCY NOISE IMPACTS COUNCIL LETTER NO. 275 8. AIRPORT STATUS REPORT 0 CORRESPONDENCE 9. LEGISLATIVE REPORT COUNCIL CHOICE 10. COUNCIL DISCUSSION ITEMS 11-CLAIMS AND.. PAYROLLS 12. ADJOURNMENT Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the Administrative Services Director at 861-9702. 1] 7 CITY OF RICHFIELD, MINNESOTA Council Letter No. 275 Agenda October 26, 1998 Issue Statement: Consideration of a resolution requesting the Metropolitan Aircraft Sound Abatement Council to develop a mitigation study for low frequency noise impacts. Background: The Metropolitan Aircraft Sound Abatement Council was formally incorporated in 1969 with the goal of reducing aircraft noise, as well as increasing public knowledge and awareness of the issue. MASAC is responsible for the study and evaluation of existing noise abatement policies and the proposal and initiation of new programs. This requires that all council members be well informed on a wide range of noise abatement procedures and plans. Since noise abatement is the primary goal of all MASAC activity, the committee should be actively studying the community impacts of ground level noise. Basically, aircraft ground noise is a generic term describing noise produced by both stationary and moving aircraft at airport facilities. Examples of aircraft ground noise include that with which is produced during powered pushbacks.from gates, engine maintenance- "ground run-ups", taxiing, queuing for takeoff, takeoff roll, and landing (including deployment of thrust reversers). Aircraft engines produce noise over a wide range of frequencies. A basic characteristic of aircraft ground noise, especially as heard in communities near airports, is its prominent low frequency content. As applied to aircraft noise emissions, "low frequency noise" refers to noise produced by aircraft in the frequency region below about 100 Hz. This type of noise is best measured using a C-weighted scale. The basis on which MAC currently measures noise excludes meaningful analysis of low frequency noise. The Metropolitan Airports Commission's uncritical reliance on noise metrics that employ the A-weighting network for purposes of disclosing noise impacts of aircraft ground noise in residential settings, and for predicting community response to aircraft ground noise, is demonstrably inadequate and misleading. Specific consideration of the considerable low frequency content of aircraft ground noise is essential for such purposes. Recommended Motion: Approve the resolution requesting the Metropolitan Aircraft Sound Abatement Council to develop a mitigation study for low frequency noise impacts. 0 Basis of Recommendation: 1. The Metropolitan Aircraft Sound Abatement Council (MASAC) was formally incorporated in 1969 with the goal of reducing aircraft noise, as well as increasing public knowledge and awareness of the issue. 2. MASAC is responsible for the study and evaluation of existing noise abatement policies and the proposal and initiation of new programs, thus requiring that all council members be well informed on a wide range of noise abatement procedures and plans; and 3. Complaints regarding ground noise are currently being received from residents living in Richfield. 4. Studies have proven that construction of a new North-South Runway located two blocks away from dense residential development will have a significant adverse low frequency noise impact on Richfield. Alternative Recommendation: 1. Defer the resolution to a later Council meeting. 2. Do not approve the resolution requesting the Metropolitan Aircraft Sound Abatement Council to develop a mitigation study for low frequency noise impacts. Discussion/Decision Mode: This item is placed on the October 26 agenda for Council consideration. The resolution and request will be brought forth at the October 27 MASAC meeting. 4&n ly submitted, Devich Acting City Manager SLD:cak 0 RESOLUTION NO. RESOLUTION REQUESTING THE METROPOLITAN AIRCRAFT SOUND ABATEMENT COUNCIL TO DEVELOP A MITIGATION STUDY FOR LOW FREQUENCY NOISE IMPACTS WHEREAS, the Metropolitan Aircraft Sound Abatement Council (MASAC) was formally incorporated in 1969 with the goal of reducing aircraft noise, as well as increasing public knowledge and awareness of the issue; and WHEREAS, MASAC is responsible for the study and evaluation of existing noise abatement policies and the proposal and initiation of new programs, thus requiring that all council members be well informed on a wide range of noise abatement procedures and plans; and WHEREAS, the current levels of ground level noise (its major component being low frequency noise) account for over half the complaints the City receives on a monthly basis; and WHEREAS, Richfield has repeatedly requested that MASAC address impacts of low frequency noise on communities; and WHEREAS, studies have proven that construction of a new North-South Runway located two blocks away from dense residential development will have a significant adverse low frequency noise impact on Richfield; and WHEREAS, this runway will be located closer to residential property than any runway recently constructed in the United States; and WHEREAS, several independent studies support the need for mitigation of low frequency noise; and WHEREAS, studies have demonstrated that low frequency noise produces levels of annoyance which require mitigation; and WHEREAS, the Baltimore-Washington International Airport has included mitigation of moderate levels of low frequency noise impacts into its Sound Insulation Program; and WHEREAS, at high levels of impact low frequency noise cannot be mitigated using noise insulation methods currently utilized for protection against overflight noise. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of • Richfield, Minnesota, as follows: 1-?) 1. Mitigation measures be developed for protection against low frequency noise. 2. That residents are provided protection against impacts of low frequency (ground) noise. 3. That the remote monitoring sites in neighboring communities measure C- weighted, as well as A-weighted noise scales and are included with monthly informational reports. 4. That low frequency (ground) noise impacts are studied and mitigated on the same level as high frequency (overflight) noise. Passed by the City Council of the City of Richfield this 26th day of October, 1998. Martin J. Kirsch, Mayor ATTEST: • Thomas P. Ferber, City Clerk 0 CITY OF RICHFIELD, MINNESOTA Council Letter No. 274 Agenda October 26, 1998 Issue Statement: Consideration of award of contract for excavation and site earthwork for a second ice sheet and resolution establishing procedures relating to compliance with reimbursement bond regulations under the Internal Revenue Service. Background: On August 24, 1998 the City Council gave second reading approval of an ordinance to authorize the construction of a second ice sheet. The ordinance became effective in early October according to the City Charter. Thus, the City is in a position to proceed with the components of a construction project to build the second ice sheet. The first step in the construction process is to correct the soils east of the existing arena to accommodate the second sheet addition. The soil correction and site preparation should be completed in the next several weeks in order to have the site prepared for construction of the facility in the spring of 1999. This work anticipates an opening of the second ice sheet in September 1999. Bids for the excavation and site earthwork were properly published and noticed with • bids opened on October 21 at 2 p.m. The results of the bid opening were as follows: Contractor Base Bid Alternate A Alternate B Alternate C CS McCrossan $392,347.21 $8,795.17 ($1,790.63) ($3,450.00) Julian M. Johnson $378,000.00 $8,500.00 N/C ($1,500.00) Max Steininger $215,895.00 $6,000.00 N/C ($4,000.00) Belair Excavating $338,436.00 $9,311.00 N/C N/C Dobozenski & Sons $239,346.00 $4,500.00 ($1,250.00) ($2,590.00) M.J. Ryan $307,435.00 $8,745.00 ($4,500.00) ($2,575.00) Ingram Exc. $364,000.00 $6,000.00 N/C ($4,000.00) Northwest Asphalt $249.765.00 $5,500.00 ($6,900.00) ($3,000.00) Based upon an analysis of the bids, Kraus Anderson, the Construction Manager for the project, and City staff recommend that the bid be awarded to the Max Steininger firm, the low bidder for the project. In addition to the base bid three alternates were also considered. Alternate A: ($6,000) represents the additional cost necessary to correct the soil for a future dedicated locker-room addition. Alternate B: (No charge) represents the use of six inches of sand fill instead of 12 inches under the concrete pad. (0,1 Alternate C: (-$4,000) represents the reduction in contract cost if a water main is not encountered in the area. This will not be known until after the work has been initiated. The recommendation is that in addition to the base bid that Alternate A also be approved. The soil correction for potential future dedicated locker-rooms for the High School and/or Holy Angels would be a very good investment at this point in the project. A second part of the bid opened on October 21, was for the purchase of an ice rink refrigeration system. One new system and one used system were proposed and bid. Further analysis on this item is needed before a decision can be made as to whether to award any part of the bid or to rebid at a later date. Another consideration is the funding of this portion of the project. The overall funding for the second ice sheet will consist of an interfund loan of $500,000 reimbursed through liquor profits and a Recreation Revenue Bond issue. Those bonds would most likely be sold sometime in the next several months assuming that the City follows through with the construction of this project. While the City could fund this segment of the contract with the interfund loan portion of the project, it would be very desirable to establish a resolution which would allow the City to reimburse itself for this expenditure from the future Recreation Revenue Bond proceeds for this project. The attached resolution preserves the City's right to reimburse itself from such bond proceeds but does not authorize the sale of the bond nor does it obligate the City to do so at any time in the future. Recommended Motion: Recommend that the City Council take the following two actions: 1. Award the contract for excavation and site earthwork for the second ice sheet to Max Steininger, Inc. in the amount of $221,895 for the base bid and Alternate A and authorize the City Manager to execute all related contract documents. 2. Adopt a resolution establishing procedures relating to compliance with reimbursement bond regulations under the Internal Revenue Service. Basis of Recommendation: 1. The City Council has previously authorized this project in compliance with the City Charter. 2. The first step in the construction of this project is the soil correction work necessary on the site. 3. Bids for the site preparation has been advertised and opened, with the low bidder well within the architects/construction manager's original cost estimate of $250,000. 4. Alternate A is a logical addition to the project at this time in case the future dedicated locker-room space is needed. 5. The attached resolution preserves the City's right to reimburse itself for the cost of this work from a future bond sale if the City chooses to issue such bonds sometime in the future. Alternative Recommendation: 1. The City Council could reject all bids and stop the project at this point. 2. The City Council could reject all bids and ask that the work be rebid. 3. The City Council could select another bidder to be awarded the project. Discussion/Decision Mode: Action on this work is needed on October 26 if the soil correction work is to be completed in the fall of 1998 as planned and the opening of the second ice sheet is not delayed. Action on the resolution must be taken within 30 days of the award of this contract in order to preserve the City's right to future reimbursement. R tfully sub tted, .? en L. evic Acting City Manager SLD:ds 0 RESOLUTION NO. (p"; 3 RESOLUTION ESTABLISHING PROCEDURES RELATING TO COMPLIANCE WITH R1EINIBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE BE IT RESOLVED by the City Council (the "Council") of the City of Richfield, Minnesota (the "City"), as follows: Recitals. (a) The Internal Revenue Service has issued Treasury Regulations, Section 1.150-2 (as the same may be amended or supplemented, the "Regulations"), dealing with "reimbursement bond" proceeds, being proceeds of the City's bonds used to reimburse the City for any project expenditure paid by the City prior to the time of the issuance of those bonds. (b) The Regulations generally require that the City make a declaration of intent to reimburse itself for such prior expenditures out of the proceeds of subsequently issued bonds, that such declaration be made not later than 60 days after the expenditure is actually paid, and that the bonding occur and the written reimbursement allocation be made from the proceeds of such bonds within 18 months after the later of (1) the date of payment of the expenditure or (2) the date the project is placed in service (but in no event more than 3 years after actual payment). (c) The City heretofore implemented procedures for compliance with the predecessor versions of the Regulations and desires to amend and supplement those procedures to ensure compliance with the Regulations. (d) The City's bond counsel has advised the City that the Regulations do not apply, and hence the provisions of this Resolution are intended to have no application to payments of City project costs first made by the City out of the proceeds of bonds issued prior to the date of such payments. 2. Official Intent Declaration. The Regulations, in the situations in which they apply, require the City to have declared an official intent (the "Declaration") to reimburse itself for previously paid project expenditures out of the proceeds of subsequently issued bonds. The Council hereby authorizes the City Manager to make the City's Declarations or to delegate from time to time that responsibility to other appropriate City employees. Each Declaration shall comply with the requirements of the Regulations, including without limitation the following: (a) Each Declaration shall be made not later than 60 days after payment of the applicable project cost and shall state that the City reasonably expects to reimburse itself for the expenditure out of the proceeds of a bond issue or similar borrowing. Each Declaration may be made substantially in the form of the Exhibit A which is attached to and made a part of this Resolution, or in any other format which may at the time comply with the Regulations. (b) Each Declaration shall (1) contain a reasonably accurate description of the "project." as defined in the Regulations (which may include the property or program to be 916757.01 (P-ginanced' as applicable), to which the expenditure relates and (2) state the maximum principal ID amount of bonding expected to be issued for that project. (c) Care shall be taken so that the City, or its authorized representatives under this Resolution, not make Declarations in cases where the City does not reasonably expect to issue reimbursement bonds to finance the subject project costs, and the City officials are hereby authorized to consult with bond counsel to the City concerning the requirements of the Regulations and their application in particular circumstances. (d) The Council shall be advised from time to time on the desirability and timing of the issuance of reimbursement bonds relating to project expenditures for which the City has made Declarations. 3_ Reimbursement Allocations. The designated City officials shall also be responsible for making the "reimbursement allocations" described in the Regulations, being generally written allocations that evidence the City's use of the applicable bond proceeds to reimburse the original expenditures. 4. Effect. This Resolution shall amend and supplement all prior resolutions and/or procedures adopted by the City for compliance with the Regulations (or their predecessor versions), and, henceforth, in the event of any inconsistency, the provisions of this Resolution shall apply and govern. Adopted this 26tbday of October ,1998, by the Richfield City Council. ATTEST: Thomas P. Ferber, City Clerk • Martin J. Kirsch, Mayor sw-s^.o1 2 6-5 EXHIBIT A Declaration of Official Intent The undersigned, being the duly appointed and acting City Manager of the City of Richfield, Minnesota (the "City"), pursuant to and for purposes of compliance with Treasury Regulations, Section 1.150.2 (the "Regulations"), under the Internal Revenue Code of 1986, as amended, hereby states and certifies on behalf of the City as follows: 1. The undersigned has been and is on the date hereof duly authorized by the Richfield City Council to male and execute this Declaration of Official Intent (the "Declaration") for and on behalf of the Citv. 2. This Declaration relates to the following project, property or program (the "Project") and the costs thereof to be financed: ICE ARENA SECOND SHEET Uses of Funds Construction 2,800,000 Capitalized Interest 83,768 Underwriters Discount 40,863 Costs of Issuance 55,000 Debt Service Reserve 206,000 Contingency M Total 3,186,000 3. The City reasonably expects to reimburse itself for the payment of certain costs of the Project out of the proceeds of a bond issue or similar borrowing (the "Bonds") to be issued by the City after the date of payment of such costs. As of the date hereof, the City reasonably expects that $2,600,000 is the maximum principal amount of the Bonds which will be issued to finance the Project. 4. Each expenditure to be reimbursed from the Bonds is or will be a capital expenditure or a cost of issuance, or any of the other types of expenditures described in Section 1.150-2(d)(3) of the Regulations. 5. As of the date hereof, the statements and expectations contained in this Declaration are believed to be reasonable and accurate. Date: City Manager City of Richfield, Minnesota 6-(0 CERTIFICATION The undersigned, being the duly qualified and acting City Clerk of the City of Richfield, Minnesota, hereby certifies the following: The foregoing is a true and correct copy of a Resolution on file and of official, publicly available record in the offices of the City, which Resolution relates to procedures of the City for compliance with certain IRS Regulations on reimbursement bonds. Said Resolution was duly adopted by the governing body of the City (the "Council") at a regular or special meeting of the Council held on 199. Said meeting was duly called, regularly held, open to the public, and held at the place at which meetings of the Council are regularly held. Councilmember moved the adoption of the Resolution, which motion was seconded by Councilmember A vote being taken on the motion, the following members of the Council voted in favor of the motion to adopt the Resolution: and the following voted against the same: Whereupon said Resolution was declared duly passed and adopted. The Resolution is in full force and effect and no action has been taken by the Council which would in any way alter or amend the Resolution. WITNESS MY HAND officially as the City Clerk of the City of Richfield. Minnesota, this day of '199-, City Clerk City of Richfield, Minnesota N:1Mi nnsota\RICHFIEL\Arena\RE1?VI B.RES • 916757.01 r H O N E W Q. Z Z C) ?N C •? 00 CL 0) 0 CD ? r (? m N LL O rO V O Q a U W N CIS O c = O Cc (9 Q W Y :C aD > Ua U ? ? O N O N ? 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U) o W Q Q Q ° N to U a m =a ? :5 U m Q Q m `v E m Q V m Q is m a c m Q V .v m Q U m a c m Q 6-7 c U O C) 0) T C N L O U O L cu a cn c O U a c cu a O cu L c0 N .a 3 .Q N L c0 L a U C O O C c c0 Y U U L F- Y U U a? L N Li- CL O .C F-• CITY OF RICHFIELD, MINNESOTA Council Letter No. 273 Agenda October 26, 1998 • Issue Statement: Public hearing and second reading of an ordinance relating to rules of Council procedure amending subsections 205.05, 205.09 and 205.13 of the Richfield City Code and consideration of a resolution adopting rules of procedure and decorum for City Council meetings. • Background: In 1992, the City Council directed staff to investigate options for rules of procedure and decorum for the guidance in the conduct of Council and Commission meetings. The City Council passed Resolution No. 7885 on June 8, 1992 adopting rules of procedure and decorum for a trail period. The rules provided for parliamentary procedures to be governed by the Sturgis Standard Code of Parliamentary Procedure. The City Attorney has reviewed the rules of procedure adopted at that time and provided an updated draft resolution for council consideration. The City Attorney has also prepared a proposed ordinance amendment that would provide for the adoption of the rules of procedure and decorum. The City Council has been operating for the past six years under these rules on a trial basis and it would be appropriate to consider adoption at this time by making the necessary ordinance amendments. Recommended Motion: Conduct the public hearing and approve second reading of an ordinance relating to rules of Council procedure amending subsections 205.05, 205.09, and 205.13 of the Richfield City Code and to approve a resolution to adopt the rules of procedure and decorum for City Council meetings. Basis of Recommendation: 1. The rules of procedure and decorum provide an outline of appropriate measures for conduct of Council meetings. 2. The Council previously adopted rules of procedure and decorum on a trial basis. 3. The City Attorney recommends adoption of the proposed ordinance amendment and resolution. Alternative Recommendation: 1. The Council may decide not to adopt the proposed rules of procedure and decorum. 2. The Council may decide to modify the proposed rules of procedures and decorum. Discussion/Decision Mode: First reading of the proposed amendment occurred on September 28, 1998. A public hea;Lng and second reading were scheduled for October 26, 1998. Ily su ActragCiity Manager SLD:cak BILL NO. 1998- 5-1 AN ORDINANCE RELATING TO RULES OF COUNCIL t PROCEDURE; AMENDING SUBSECTIONS 205.05, 205.09 and 205.13 OF THE RICHFIELD CITY CODE THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 205.05 of the Richfield City Code is amended to read as follows: 205.05. Order of business. At the hour appointed for the meeting the members shall be called to order by the mayor. The clerk shall note the absentees. If a quorum is present the council shall then proceed with its business. Feval e ) a m inutes ef pp . (e /f1 resel utieRs; a f /n\ ether h? ,ranee. Rd c•_ The items of business and order of business shall be determined from time to time by resolution of the council. Sec. 2. Subsection 205.09, subdivision 1 of the Richfield City Code is amended to read as follows: Subdivision 1. Contents. The manager shall prepare an agenda for each regular meeting. The agenda shall include the items 206.05 of business as determined from time to time by resolution of the council. Sec. 3. Subsection 205.09, subdivision 2 of the Richfield City Code is amended to read as follows: Subd. 2. Completion of agenda: deadline. The agenda for any regular meeting shall be compiled and completed by 4:30 p.m. on the Thursday Friday preceding a meeting. • met. he Treg? aFded an an4ien if ° at the Meeti„n@-- :-# ??hinh they we „- ee??, The council may by resolution establish rules for considering items not appearing on the agenda, including items brought to the Council's attention by members of the general public. Bill No. 1998- -2- Sec. 4. Subsection 205.13, subdivision 2 of the Richfield City Code is amended to read as follows: Subd. 2. Special rules. The following special rules apply to council procedure: (a) a member may be excused from voting on a matter properly before the council only with the unanimous consent of the other members present, unless the member is required by law to abstain from voting; (b) a motion before the council shall be reduced to writing by the clerk at the request of any council member; and (c) such other special rules as may be adopted by ordinance or resolution as the council from time to time deems necessary. Sec. 5. Subsection 205.13, subd. 3 of the Richfield City Code is amended to read as follows: Subd. 3. General rules. Except as otherwise provided in this code or in rules of procedure adopted from time to time by resolution of the council, council parliamentary procedure is governed by the latest printed edition of "°Prt'A Rules of QW& "Sturgis Standard Code of Parliamentary Procedure." Adopted by the City of Richfield this 26th day of October 1998. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 0 RESOLUTION NO. ?3 RESOLUTION ADOPTING RULES OF PROCEDURE AND DECORUM is FOR CITY COUNCIL MEETINGS WHEREAS, it is appropriate for the City Council to establish rules of procedure and decorum for council meetings and Board and Commission meetings; and WHEREAS, the Richfield City Code, section 205.13, subd. 2(c) provides that the City Council may adopt such special rules by ordinance or resolution from time to time as necessary; and WHEREAS, the City Council has determined that it is appropriate to adopt these special rules of procedure and decorum. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Richfield, as follows: 1. The attached rules of procedure and decorum are hereby established. 2. These rules shall remain in effect until modified by resolution of the City Council. 3. These rules shall be interpreted, wherever possible, so as to be consistent with the rules set forth in the City Code. In the case of any irreconcilable conflict • between these rules and the rules in the City Code, the rules in the City Code shall prevail. Adopted by the City Council of the City of Richfield this 26th day of October 1998. Martin J. Kirsch, Mayor ATTEST: Thomas Ferber, City Clerk 0 • Resolution No. RULES OF PROCEDURE AND DECORUM CITY COUNCIL MEETINGS RICHFIELD, MINNESOTA SECTION 1. PURPOSE Attachment Subd. 1. General. It is recognized that in order to enhance the concept of effective and democratic government, it is essential that a legislative body establish formal rules of procedure and decorum so that a true deliberative process will be observed and not disturbed. SECTION 2. GENERAL Subd. 1. Law. The City Charter, Ordinances and State Statutes governing the City Council shall be followed and supplemented by the Rules of Procedure and Decorum of the City Council. Subd. 2. General Rules. In all matters of parliamentary procedures, the Council shall be governed by the latest printed edition of the STURGIS STANDARD CODE OF PARLIAMENTARY PROCEDURE as published from time to time except as modified by these rules and the rules set forth in Section 205 of the City Code. 0 SECTION 3. PRESIDING OFFICER. Subd. 1. Who Presides. The Mayor shall preside at all meetings of the Council. In the absence of the Mayor, the Mayor Pro Tern shall preside. The presiding officer shall have the power to preserve strict order and decorum at meetings, enforce the rules of procedure, and determine without debate, subject to the final decision of the Council on appeal, all questions of procedure and order. Subd. 2. Appeal of the Ruling of the Presiding Officer. Any member of the Council may appeal from a ruling of the presiding officer. If the appeal is seconded, the member may speak once solely on the question involved and the presiding officer may explain the ruling, but no other Council Member shall participate in the discussion. The appeal shall be sustained if it is approved by a majority vote. Subd. 3. Rights of the Presiding Officer. The presiding officer may speak on any question and make motions and second motions. SECTION 4. AGENDA • Subd.1. Matters for Consideration. Matters for Council action shall be submitted by members of the Council and residents to the City Manager. Resolution No. 5--5 -2- Subd. 2. Preparation. An agenda of business for each regular meeting shall be prepared in the office of the City Manager and copies thereof delivered to each Council Member as far in advance of the meeting as time for preparation will permit. Subd. 3. Order of Business at Regular Meetings. At the hour appointed for the regular meeting of the City Council, the meeting shall be called to order by the presiding officer. If a quorum is present, the City Council shall then proceed with its business in the following manner: (a) approval of minutes of previous meeting; (b) presentations; (c) public comment opportunity; (d) agenda approval; (e) consent calendar; (f) public hearings, including ordinance hearings; (g) proposed ordinances; (h) resolutions; (i) administrative reports; 0) correspondence; and (k) other business. 0 Subd. 4. Varying Order of Business. The presiding officer may vary the order of business. Subd. 5. Consent Agenda. In the preparation of the agenda for a meeting, the City Manager may place certain items of business on a consent calendar. A member of the Council wishing to remove any item from the consent calendar may do so at the time that the consent calendar is reached on the general Council agenda. Any item removed from the consent calendar shall become one of the regular agenda items of the meeting and shall be taken up after the consent calendar. All items not so removed from the consent calendar may be passed by a single, non-debatable motion. Matters proposed by the City Manager for the consent agenda shall be those that the Manager deems to be of a routine, non-controversial nature. Subd. 6. Items Not on the Agenda. The Council may consider items not appearing on the agenda as normal business if a Council Member does not raise an objection. If a Council Member raises an objection, a vote of the majority of the Council Members present shall determine the appropriateness of further consideration of the matter at that time. The Council may not take action on any item that requires public notice or hearing. Resolution No. -3-Jr--_(o • Subd. 7. Public Participation. Members of the public may address the City Council during: I? U SECTION 5. (a) Public hearings. (b) Public comment opportunity. The agenda for each regular Council meeting shall include an opportunity for members of the general public to appear and make comment to the Council on matters not appearing on the printed agenda. The City Council may by majority vote limit this portion of the meeting to thirty minutes. Individuals shall be requested to limit their individual comments to four minutes or less. Matters commented upon during this period are not required to be considered as action items at the meetings at which they are introduced. (c) Specific issues scheduled on the agenda, other than public hearings, if no Council Member raises an objection. If a Council Member raises an objection, a vote of the majority of Council Members present shall determine the appropriateness of accepting public comment on the matter under consideration. VOTING Subd. 1. Procedure. The votes of the members on any ordinance, resolution or motion pending before the Council shall be by voice vote, unless the Mayor or any Council Member requests that a roll call vote be taken. The presiding officer shall call for a roll call vote whenever a voice vote of the Council is not clear as to the disposition of the action before the Council. Subd. 2. Abstention. A Council Member may be excused from voting on a matter properly before the council only with the unanimous consent of the other members present, unless the Member is required by law to abstain from voting. The Council Member must announce the Member's intention to abstain prior to the vote being taken. The clerk shall record the abstention as "Abstain-name." Subd. 3. Voting Order for Roll Call. The Secretary to the Council shall call for the vote in consecutive order of wards. The presiding officer shall always vote last. SECTION 6. RULES OF DECORUM Subd. 1. Council. While the Council is in session, the members must preserve is order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council nor disturb any member while speaking or refuse to obey the orders of the presiding officer. Resolution No. 5-1 -4- Subd. 2. Recognition. No person or member of the Council shall address the 41 Council without being recognized by the presiding officer. Subd. 3. Discussion. At the request of any Council Member or the Mayor, Council discussion shall be limited as provided in this subdivision. When the rules of this subdivision are invoked, no member of the Council shall speak more than twice on any question, nor more than five minutes each time without consent of the Council. Subd. 4. Staff. Members of the City staff shall observe the same rules of order and decorum as are applicable to the City Council. Subd. 5. Pertinent to Matter Under Debate. Members of the Council, staff and public shall confine remarks to the matter under debate. Subd. 6. Addressing the Council. Each member of the public addressing the Council shall step up to the microphone provided for the use of the public after being recognized by the presiding officer and give his/her name and address in an audible tone of voice for the records, state the subject to be discussed, and state who the speaker is representing if representing an organization or other persons. All remarks shall be addressed to the Council as a whole and not to any member thereof. No person other than members of the Council and the person having the floor shall be permitted to enter into any discussion, either directly or through a member of the Council, without permission of the presiding officer. No question may be asked a Council Member or a member of the staff without the permission of the presiding officer. The presiding officer may impose a four-minute time limit on remarks by speakers, whenever in the presiding officer's judgment, a time limit is necessary in order to expedite the progress of the meeting or ensure the opportunity for other speakers to be heard. The City Council may by majority vote extend the time limit imposed by the presiding officer. Subd. 7. Spokesman for Group of Persons. In order to expedite matters and to avoid repetitious presentations, whenever any group of persons wishes to address the Council on the same subject matter, it shall be proper for the presiding officer to request that a spokesperson be chosen by the group to address the Council and, in case additional matters are to be presented by any other member of said group, to limit the number of such persons addressing the Council. Subd. 8. After Motion. After a motion has been made or a public hearing has been closed, no member of the public shall address the Council from the audience on the matter under consideration without first securing the permission to do so by a majority vote of the City Council. Resolution No. -5- 57-? Subd. 9. Conduct. Any member of the Council, staff or person indulging in personalities or making impertinent, slanderous, or profane remarks or who willfully utters loud, threatening or abusive language, or engages in any disorderly conduct which would impede, disrupt, or disturb the orderly conduct of any meeting, hearing or other proceeding, shall be called to order by the presiding officer and, if such conduct continues, may at the discretion of the presiding officer, be ordered barred from further audience before the Council during that meeting. Subd. 10. Members of the Audience. No person in the audience shall engage in disorderly conduct such as hand clapping, stamping of feet, whistling, using profane language, yelling, and similar demonstrations, which conduct disturbs the peace and good order of the meeting. SECTION 7. ENFORCEMENTS OF DECORUM Subd. 1. Warning. All persons shall, at the request of the presiding officer, be silent. If, after receiving a warning from the presiding officer, a person persists in disturbing the meeting, said officer may order the person removed from the meeting. If the person does not remove himself/herself, the presiding officer may order that the Sergeant-at- Arms remove the person. Subd. 2. Sergeant-at-Arms. The Public Safety Director, or such member or members of the police department, shall be Sergeant-at-Arms of the Council meetings. The Public Safety Director or such member or members of the police department shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the Council meeting. Upon instruction of the presiding officer it shall be the duty of the Sergeant- at-Arms to remove from the meeting any person who intentionally disturbs the proceedings of the Council. Subd. 3. Resisting Removal. Any person who resists removal by the Sergeant- at-Arms may be charged with violating City Ordinance. Subd. 4. Motions to Enforce. Any Council Member may move to require the presiding officer to enforce these rules and the affirmative vote of a majority of the Council shall require the presiding officer to do so. Subd. 5. Adjournment. In the event that any meeting is willfully disturbed by a person or group of persons so as that orderly conduct of the meeting is not feasible, and when order cannot be restored by the removal of individuals who are creating the disturbance, the meeting may be adjourned with the remaining business considered at the next regular meeting or at a special meeting called by the presiding officer. Resolution No. 5,9 -6- SECTION 8. WORKSHOP MEETINGS 40 Subd. 1. General. The regular meeting of the City Council that is held on the first Monday of each month shall be a workshop meeting. Additional workshop meetings of the City Council may be held at the call of the Mayor. No official Council action will be taken at workshop meetings. Subd.2. Rules of Procedure and Decorum. The Rules of Procedure and Decorum of the City Council shall be observed in workshops so far as they are applicable. SECTION 9. CAMERA AND RECORDING DEVICES Subd. 1. Use of Cameras and Recording Devices Limited. Cameras, including television and motion picture cameras, electronic sound recording devices and any other mechanical, electrical or electronic recording devices may be used in the Council Chamber, but only in such a manner as will cause a minimum of interference with or disturbance of the proceeding of the Council • SECTION 10. SEPARABILITY Subd. 1. General. If any section, subdivision, sentence, clause, phrase or portion of these Rules of Procedure and Decorum is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. 0 CITY OF RICHFIELD, MINNESOTA Council Letter No. 272 qb Agenda October 26, 1998 • Issue Statement: Master purchase order for salt to be used in ice control during the 1998/99 winter season. Background: Each year, the City purchases rock salt, which is usually mixed with sand, to control ice on road surfaces during the winter season. A recent history of prices for this product is: Year Unit Price Delive Total 89/90 26.48/ton 1.85/ton 28.33/ton 90/91 26.27/ton 1.50/ton 27.77/ton 91/92 26.27/ton 1.50/ton 27.77/ton 92/93 25.66/ton Included 25.66/ton (500 ton) 92/93 36.92/ton Included 36.92/ton (500 ton) 93/94 25.66/ton Included 25.66/ton 94/95 27.46/ton Included 27.46/ton 95/96 28.21 /ton Included 28.21/ton 96/97 27.81/ton Included 27.81 /ton 97/98 27.69/ton Included 27.69/ton Funding for this purchase is included in the 1998 and 1999 operating budgets for street maintenance. Recommended Motion: Approve the purchase of an estimated 1,700 ton of rock salt for the 1998/99 winter season from I.M.C. Salt, Inc., Overland Park, Kansas, at a unit price of $25.32/ton/delivered plus tax of approximately $2,797.86 for an estimated total purchase price of $45,841.86. Basis of Recommendation: 1. The City participates in a joint purchasing agreement with the State of Minnesota. 2. The State of Minnesota solicited bids for all the participants in the joint purchase agreement. 3. Under this particular joint purchase agreement, the City of Richfield has an obligation to purchase from the low bidder. 4. I. M. C. Salt, Inc. was the lowest responsible bidder for rock salt. Alternative Recommendation: Council may delay a decision on this purchase for one Council meeting. However, the price quoted is the lowest price for rock salt in ten years and, in case of early snowfall, staff may need to order rock salt without formal Council approval. Discussion/Decision Mode: Staff is requesting approval at the October 26, 1998 Council meeting. R ully submi d, cting City Manager SLD:cak CITY OF RICHFIELD, MINNESOTA Council Letter No. 271 Agenda October 26, 1998 • Issue Statement: Approve a purchase order for removal and disposal of wood mulch debris. Background: The 1998 summer storms produced an overwhelming amount of wood waste in the City of Richfield this year. Staff has given some of the mulch away, filled bins at the Central Garage for residents to pick up for free, hauled some to Fort Snelling Cemetery, and yet approximately 18,000 cubic yards of the wood mulch is left. Some of the mulch/debris is at Taft Park at 63rd Street and Cedar Avenue (the temporary disposal site), and the majority of the debris is on airport property at 1-494 and Cedar Avenue. Staff wrote specifications for the removal and disposal of the leftover wood debris. Ten contractors either were sent or picked up copies of the specifications. Six of the contractors bid at the formal bid opening held on October 8, 1998, with the following results. S & A Land Clearing, Inc. $28,000 Veit & Company, Inc. 32,800 Klingberg Trucking, Inc. 36,500 Ceres, Inc. 49,500 Elgard Excavating, Inc. 74,105 Jay Bros., Inc. 89,600 Staffs estimate to remove and dispose of the mulch was approximately $25,000 - $30,000. This money was not an anticipated expense, so it is not in the 1998 revised • budget, but it is 100% Federal Emergency Management Authority (FEMA) reimbursable. Recommended Motion: Accept the bid minutes/tabulation and approve a purchase order to S & A Land Clearing, Inc. in the sum of $28,000. Basis of Recommendation: 1. S & A Land Clearing submitted the low bid for the work. n 2. The remaining wood debris needs to be disposed of before the end of the year in order to qualify for FEMA reimbursement. Alternative Recommendation: None. Discussion/Decision Mode: Staff is asking for approval at the October 26, 1998 regular Council meeting in order to expedite removal and disposal of the wood debris, and to qualify for FEMA reimbursement. ng City Manager SLD:cak CITY OF RICHFIELD, MINNESOTA `T C 1 U Bid Opening October 8, 1998 11:00 a.m. Removal and Disposal of Wood Mulch City Bid No. 98-17 Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Thomas P. Ferber, City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for removal and disposal of wood mulch, city bid no. 98-17, as advertised in the official newspaper on September 30, 1998. Present: Thomas Ferber, City Clerk Randy Hughes, Public Works Representative Doris Swanson, City Manager Representative Roxi Braa, Administrative Aide n LJ The following bids were submitted and read aloud: Bidder's Name/City Bid Security Total Bid Amount S & A Land Clearing Cashier's Check $ 28,000.00 Klingberg Trucking Cashier's Check $ 36,500.00 Ceres 5% Bid Bond $ 49,500.00 Jay Bros. 5% Bid Bond $ 89,600.00 Elgard Cashier's Check $ 74,105.00 Veit 5% Bid Bond $ 32,800.00 The City Clerk announced that the bids would be tabulated and considered at the October 25, 1996 City Council Meeting. Thomas P. Ferber City Clerk 48 CITY OF RICHFIELD, MINNESOTA Council Letter No. 270 Agenda October 26, 1998 Issue Statement: Request from the State of Minnesota to review the renewal of a currency exchange license for Younge, Potts, Wiezer, & Company Inc., 7620 Lyndale Avenue. Background: On October 2, 1998, the City received notification from the State of Minnesota, Department of Commerce, of a renewal application for a currency exchange license in the name of Younge, Potts, Wiezer, & Company Inc., 7620 Lyndale Avenue. A license for this type of business is not required in the City; however, effective on April 24, 1992, Minnesota Statute 53A.04 requires that the Department of Commerce submit any application for licensure as a currency exchange to the governing body of the municipality in which the business proposes to conduct business. This law also requires the governing municipality to render a decision regarding • issuance or denial of the license within 60 days of the receipt of the State's notification. The State requires that the applicant submit the following information when applying for this type of license: • License fees in the amount of $50. • A current fee schedule used for cashing checks, money orders or traveler's checks. • A surety bond in the amount of $10,000. • Any owner, partner, officer, director, stockholder (owning 10% or more of the corporate stock) or any employee with the authority to exercise management or policy control over the company must submit to a background investigation by the Bureau of Criminal Apprehension. All of this information has been provided to the State of Minnesota, and background investigation conducted by the Bureau of Criminal Apprehension found no information on the applicant, Curt Potts. Curt Potts resides in Minneapolis. Richfield Public Safety Department has conducted a background investigation on • the applicant. No criminal history was found. qb-i There were no Public Safety contacts with this establishment from September 1, 1997 through August 30, 1998. This compares to one contact in the previous year. Recommended Motion: Staff recommends that the Council approve state issuance of a currency exchange license for Younge, Potts, Wiezer, & Company, Inc., 7620 Lyndale Avenue. Basis for Recommendation: 1. The applicant has complied with State Statute 53A.04 for a currency exchange license with the State of Minnesota. 2. A background investigation of the applicants finds no reason to recommend denial of the license. Alternative Recommendation: 1. The Council could deny the license request; however, staff has determined that there is no basis for this alternative. Discussion/Decision Mode: Approval of the issuance of a currency exchange license by the State of Is Minnesota for Younge, Potts, Wiezer, & Company, Inc., 7620 Lyndale Avenue, is submitted for City Council consideration at this time. Re ectf Ily submitted, ?S t Devi h Acting City Manager SLD:cak 0 qA CITY OF RICHFIELD, MINNESOTA . Council Letter No. 269 Agenda October 26, 1998 Issue Statement: Resolution appointing Year 2000 Project Coordinator. Background: On January 1, 2000 a number of potential problems involving the delivery of public and private services could occur. The reason is that the turn of the century could adversely affect computers and equipment with embedded chips that may not be able to accurately read and interpret the date correctly. The majority of year 2000 problems stem from systems and equipment originally programmed to read and calculate the year as a two digit number (such as "98 representing" 1998). Years ago when the computer industry was rapidly developing for the consumer market, computer memory and storage were very costly. Computer manufacturers, therefore, used the two digit date system to make their products more affordable. Unfortunately, with two digit date computers and micro chips are not able to distinguish between centuries.' As a result, when a date with the year 2000 is encountered, the "00" would be interpreted to mean the year 1900. This mistake could cause a wide variety of problems ranging from immediate total system or equipment failures to malfunctions,-minor nuisances or perhaps no impact at all. In an effort to address this problem, private and public entities across the country are implementing a systematic approach to defining and addressing the year 2000 (Y2k) problems within their own respective organizations. The City of Richfield has already begun to inventory and identify where Y2k problems could affect delivery of public services. In many cases year 2000 compliant computer systems have already replaced non-compliant systems within the City and accommodations have already been made to insure that the Y2k problem will not affect City equipment. The City, however, will continue in this endeavor over the next year to insure that all such known problems are identified and corrected before January 1, 2000. As part of that effort, cities across the State of Minnesota are all being asked to adopt a resolution appointing a year 2000 Project Coordinator. In the City of Richfield, staff is recommending that City Manager James Prosser, be officially named as the Year 2000 Project Coordinator. In turn, the City Manager has directed that each Department Director conduct an analysis of potential Y2k problems within their respective department and to report back to the City Manager with actions that have or will be taken to address those concerns. The attached resolution would appoint the Y2k Project Coordinator. Recommended Motion: Adopt the attached resolution appointing the Year 2000 Project Coordinator for the City of Richfield. LIA-1 Basis of Recommendation: 1. There is a very real potential that systems across the country will cease to function on January 1, 2000 unless corrected measures are taken prior to that time to insure systems will recognize the turn of the century. 2. Such an approach in every entity must be a systematic one with a project coordinator. 3. The resolution presented here before the City Council formally appoints a Year 2000 Project Coordinator for the City of Richfield. Alternative Recommendation: 1. The City Council could decide not to appoint a Year 2000 Project Coordinator. 2. The City Council may decide to appoint a different individual as the appointed Project Coordinator for the City of Richfield. Discussion/Decision Mode: It is requested that this item be considered at the October 26, 1998 City Council meeting as progress on this project is already in place and the resolution formalizes the appointment of a project coordinator. j R fully submitted, L. Devich Acting City Manager SLD:cak 0 yA? RESOLUTION NO. is RESOLUTION APPOINTING YEAR 2000 COORDINATOR WHEREAS, the City of Richfield recognizes that the Year 2000 problem involves more than just a computer issue; and WHEREAS, the City recognizes that all of its departments and services may be impacted by the Year 2000 problem; and WHEREAS, the City has adopted a policy establishing the Year 2000 problem as a top priority for all City operations; and WHEREAS, the City in this policy sets forth its commitment to identify, address and resolve potential problems created by Year 2000 issues and to make its best effort to ensure continuity of essential City services; and WHEREAS, the City's efforts to minimize the potential impact of the Year 200 problem will likely involve multiple City operations and outside organizations; and WHEREAS, the City believes that coordination of all persons working on the Year 2000 problem on behalf of the City is essential to the efficiency and effectiveness of the City's overall Year 2000 effort; and WHEREAS, the City pledges to create contingency and community preparedness plans to reduce the possible effects of computer and operational system failures throughout the community; and WHEREAS, the League of Minnesota Cities has requested that cities designate a contact person to receive information on the Year 2000 problem. NOW, THEREFORE, BE IT RESOLVED that the City of Richfield hereby appoints City Manager James D. Prosser to serve as the City's Year 2000 Project Coordinator. Adopted by the City Council of the City of Richfield, Minnesota this 26 day of October, 1998. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk a CITY OF RICHFIELD, MINNESOTA Council Letter No. 268 Agenda October 26, 1998 Issue Statement: Recreation Services Department report to the City Council regarding summer recreation programs for 1998. Background: In conjunction with the "Recreation: The Benefits are Endless" initiative, the Recreation Services Department is presenting a summary of the various summer programs for 1998. This presentation is offered as an opportunity for the Council to observe and consider the positive effects that recreation programs have on the community. Recommended Motion: Accept and consider the presentation and related information. Basis of Recommendation: The Recreation Services Department had a successful summer with the benefits extending throughout the community. Alternative Recommendation: None. Discussion/Decision Mode: Presenting summaries of the Recreation Services summer programs and services at the October 26 Council meeting will be Lil Hipp, Community Center Manager, and Frank White, Recreation Programs and Athletic Manager. Re ctfully submitted, e 'ch Acting City Manager SLD:cak