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04-09-2024 Regular CALL TO ORDER The meeting was called to order by Mayor Supple at 7:00 p.m. in the Council Chambers. Council Members Present: Mary Supple, Mayor; Simon Trautmann; Sean Hayford Oleary; and Ben Whalen Council Members Absent: Sharon Christensen Staff Present: Katie Rodriguez, City Manager; Mary Tietjen, City Attorney; Jay Henthorne, Public Safety Director/Police Chief; and Dustin Leslie, City Clerk PLEDGE OF ALLEGIANCE Mayor Supple led the Pledge of Allegiance. OPEN FORUM Mayor Supple reviewed the options to participate: • Participate live by calling 1-415-655-0001 during the open forum portion • Call prior to meeting 612-861-9711 • Email prior to meeting kwynn@richfieldmn.gov Heidi Gaibor, 6915 Wentworth, asked for clarification regarding the Woodlake Nature Center building. She noted the city was asking for citizen input on the building, but she saw in the Sun Current newspaper a notice for a construction manager which included specifications of what was included. She noted without full funding yet and the city still asking for citizen input how long had specific plans been set for the teardown and construction of the new building. She also indicated the new building was proposed to be nearly five times the size of the current building. She asked if the new building would have a fitness center and an event center. She requested the city be transparent in what was actually happening with this project. Larry Ernster, 6727 Elliot Avenue, noted tonight was the second reading of the salary proposal and it appeared they wanted to increase the salaries by thousands of dollars and the citizens could face a seven percent property levy. He asked if what they proposed qualified as a reading since no decision had been made as to what the Council was going to do. CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Council Meeting April 9, 2024 City Council Meeting Minutes -2- April 9, 2024 APPROVAL OF MINUTES M/Hayford Oleary, S/Trautmann to approve the minutes of the: (1) City Council Work Session of March 26, 2024; (2) Regular City Council Meeting of March 26, 2024. Motion carried: 4-0 ITEM #1 APPROVE THE AGENDA M/Trautmann, S/Hayford Oleary to approve the Agenda. Motion carried: 4-0 ITEM #2 PROCLAMATION CELEBRATING ARAB AMERICAN HERITAGE MONTH Mayor Supple invited Michael Zazzera to accept the proclamation and read aloud the proclamation. Michael Zazzera, encouraged all members of the community to listen to their Arab neighbors to learn from them and elevate their voices. ITEM #3 CONSENT CALENDAR City Manager Rodriguez presented the consent calendar. A. Consider approval of first reading of an ordinance amending Section 925 relating to the abatement of public health nuisances and assessment of abatement costs to property (Staff Report No. 46) B. Consider the approval of a new Opioid Services Agreement with the City of Bloomington, effective January 1, 2024 – December 31, 2028 (Staff Report No. 47) C. Consider the adoption of a resolution identifying the need for Livable Communities Policy Development funding and authorizing an application for grant funds. (Staff Report No. 48) RESOLUTION NO. 12195 RESOLUTION IDENTIFYING THE NEED FOR A POLICY DEVELOPMENT GRANT FROM THE LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT FUND, FOR MR-2 AND MR-3 ZONING CODE UPDATES AND AUTHORIZING APPLICATION FOR SUCH D. Consider a request for an amended Planned Unit Development for a time extension of, and amendments to the construction agreement for a multi-story parking ramp at 1401 – 77th Street East (Audi Richfield) (Staff Report No. 49) City Council Meeting Minutes -3- April 9, 2024 RESOLUTION NO. 12196 RESOLUTION APPROVING AN AMENDMENT TO THE CONSTRUCTION AGREEMENT FOR A MULTI-STORY PARKING STRUCTURE FOR AUDI RICHFIELD AT 1401 – 77TH STREET EAST E. Consider the approval of the Intensive Comprehensive Peace Officer Education and Training 2024 Grant between the City of Richfield Police Department and the Minnesota Department of Public Safety’s Office of Justice Programs (OJP) to fund a non-traditional police officer candidate (Staff Report No. 50) F. Consider the approval of a resolution authorizing the utilization of a construction manager at risk process for the Wood Lake Nature Center building project and authorizing staff and the city attorney to complete the selection process and engage in contract negotiations (Staff Report No. 51) RESOLUTION NO. 12197 RESOLUTION AUTHORIZING THE UTILIZATION OF A CONSTRUCTION MANAGER AT RISK PROCEDURE FOR THE WOOD LAKE NATURE CENTER BUILDING PROJECT G. Consider the approval of the CDC Infrastructure grand services agreement with the City of Bloomington effective January 1, 2024 – November 30, 2027. (Staff Report No. 52) H. The Urban Area Security Initiative (UASI) program funds address the unique risk-driven and capabilities-based planning, organization, equipment, training, and exercise needs of high- threat, high-density Urban Areas based on the capability targets identified during the THRA process and associated assessment mitigate, respond to, and recover from acts of terrorism. (Staff Report No. 53) M/Trautmann, S/Whalen to approve the consent calendar. Mayor Supple thanked the staff for the grant writing they have been doing. Motion carried: 4-0 ITEM #4 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT CALENDAR. None. ITEM #5 CONSIDER THE SECOND READING OF AN ORDINANCE AMENDING SUBSECTION 210.01 OF THE CITY CODE RELATED TO CITY COUNCIL SALARIES FOR 2025 AND 2026 (STAFF REPORT NO. 54) Council Member Whalen presented Staff Report 54. M/Whalen, S/Trautmann to approve an Ordinance Amending Section 210 Richfield City Code Pertaining to City Council Salaries and approve a Resolution authorizing summary publication of said Ordinance. City Council Meeting Minutes -4- April 9, 2024 BILL NO. 2024-04 AN ORDINANCE AMENDING SECTION 210 RICHFIELD CITY CODE PERTAINING TO CITY COUNCIL SALARIES RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDING SECTION 210 RICHFIELD CITY CODE PERTAINING TO CITY COUNCIL SALARIES SUMMARY PUBLICATION RESOLUTION NO. 12198 AN ORDINANCE GRANTING AN ORDINANCE AMENDING SECTION 210 RICHFIELD CITY CODE PERTAINING TO CITY COUNCIL SALARIES Mayor Supple requested an explanation of the steps for the budget process. City Manager Rodriguez explained that process and indicated this was only for elected positions. She noted what the Council had discussed at the work session was the specialized pay plans and looked at updating those plans. Motion carried: 4-0 ITEM #6 NOTIFICATION REGARDING THE RICHFIELD POLICE DEPARTMENT’S PLANNED ACQUISITION OF UNMANNED AERIAL VEHICLES (UAV’S) AND PROVIDING AN OPPORTUNITY FOR PUBLIC COMMENT AT THE REGULARLY SCHEDULED MEETING. NO OTHER COUNCIL CONSIDERATION/DECISIONS ARE REQUIRED. (STAFF REPORT NO. 55) Council Member Trautmann presented Staff Report 55 and opened it for public comment. Larry Ernster, 6727 Elliott Avenue South, stated he supported this. He pointed out again the process with Item G of the Consent Calendar and mismanagement. He also questioned Item B and the mismanagement. Council Member Trautmann asked if it was appropriate to have ongoing public comment that was not responsive to the topic of the public hearing. Mayor Supple requested Mr. Ernster only make comments for the current item. Mr. Ernster responded he was in favor of and supported the acquisition of drones. City Manager Rodriguez stated she had misspoken previously, and this was not a public hearing, but rather public comment. Police Chief Henthorne stated the Aerial Vehicle program had been modeled after other communities as well as following Federal and State Statutes. Sargeant Cory Smith presented the Aerial Vehicle program including the UAV benefits including the ability to cover larger areas in shorter amounts of time, it would extend the ability on the ground by giving them a bigger picture of the situation, it can quickly deploy UAV search areas for suspects and missing persons, and it gives them a situational awareness by providing a live feed, along with providing officers accurate information for them to be able to make decisions during events. Council Member Trautman recognized this was an important and useful tool, especially for the Wood Lake area. He noted there were also other ways of recognizing people other than facial recognition. He stated for privacy concerns he indicated people’s civil liberties were being taken City Council Meeting Minutes -5- April 9, 2024 seriously, but he did still have concerns. He stated he would like to see a policy on how the data was being retained, under what circumstances that data would be shared with other agencies, and how the data would be collected. Sergeant Smith noted these would be consumer drones, so they would not have a high level of technology, and they would not be purchasing anything that violated State Statute. He indicated any data received would only be used for evidentiary purposes, which was no different than a body camera, squad camera, or surveillance video. He noted anything deemed unnecessary would be deleted. He stated they would work on getting a draft policy prepared. Council Member Hayford Oleary asked when would the public be able to make comment on this. Chief Henthorne responded this would be put on the Department’s Facebook page by the end of the week and it would be available for a couple of weeks. He indicated he would share the results with Council. Council Member Hayford Oleary requested this information also be put on the City’s Facebook page and information be given out by email. He inquired if the State Statute changed, would the City be required to notify the public of this change in policy also. Chief Henthorne responded he believed if there were any statutory changes, the City would change the policy, and he did not think they would need to get public comment on these changes. City Attorney Tietjen responded that she agreed with Chief Henthorne’s interpretation. Council Member Hayford Oleary asked what would happen if the drone picked up other crimes while pursuing something else. He asked if that was a violation of the policy. Sargeant Smith responded the drone could be deployed for officer specified training, but otherwise, it could only be deployed for specific things. He indicated it could not be used to look for crimes. Council Member Whalen reiterated that the drones would be the type of drones available to consumers which he believed was important. He requested pictures of the done be put in any announcements, so people knew what they looked like. Sargeant Smith responded he would do that and noted the drones were not military grade and could be bought from Best Buy or some other retailer. He indicated these drones would not be anything out of the ordinary. He noted they were also looking at smaller drones that could be used indoors which could aid the Fire Department when searching for someone inside a structure fire. He stated the different size drones would be used for different scenarios. Mayor Supple noted people could also comment on this at an Open Forum if they wanted. Mary Ann Kelly, 6926 Wentworth, stated she was in favor of drones. She asked what the cost would be to acquire the drones and whose budget did they came out of. Chief Henthorne responded he believed they were purchasing 3 drones which would come out of the Public Safety budget. He noted they would be using forfeiture funds to purchase them, which by State Statute could only be used for training, equipment, or vehicles. He explained how funds were received for the forfeiture fund. He indicated the cost for the drome program would be $31,000. Heidi Gaibor, 6915 Wentworth, stated she was in favor of this, as it sounded like a great tool. ITEM #7 CITY MANAGER’S REPORT City Manager Rodriguez noted this was the City Clerk’s last meeting with Richfield and she wished him the best and thanked him for all his work, especially with the elections. Mayor Supple thanked him for all his work and wished him well on his new adventures. Council Member Trautman also thanked him, especially with the elections, and wished him well. City Council Meeting Minutes -6-April 9, 2024 Council Member Hayford Oleary also thanked him for his work, professionalism, and enthusiasm. ITEM #8 CLAIMS AND PAYROLL M/Whalen S/Hayford Oleary that the following claims and payrolls be approved: U.S. BANK 04/04/2024 A/P Checks: 327594 – 327833 $1,853,349.40 Payroll: 186483 – 186784 43862 – 43907 $949,642.96 TOTAL $ 2,802,992.36 Motion carried: 4-0 ITEM #9 HATS OFF TO HOMETOWN HITS Council Member Whalen gave hats off to their Muslem neighbors who were finishing Ramadan and celebrating Eid al-Fitr, which was starting tonight. Council Member Hayford Oleary gave hats off to the community development staff in cooperation of the Council and developer for getting the buildings at 101 East 66 demolished. Council Member Trautmann recognized George Anthony Dennis, a Human Rights Commissioner’s husband, who was a longtime Richfield resident and employee at the Richfield public schools, as well as a charter member of his Church who had passed away. He said his thoughts and prayers were with his family. Mayor Supple gave hats off to Patrice, who works in the Police Department, for working on the well-attended recent event at the Community Center. ITEM #10 ADJOURNMENT M/Whalen, S/Trautmann to adjourn the meeting at 7:55 p.m. Motion carried: 4-0 Date Approved: April 23, 2024 Mary B. Supple Mayor Kelly Wynn Katie Rodriguez Interim City Clerk City Manager