Loading...
012511completeagendaCITY OF RICHFIELD, MINNESOTA TUESDAY, JANUARY 25, 2011 SPECIAL CITY COUNCIL MEETING CITY HALL EXECUTIVE CONFERENCE ROOM 6700 PORTLAND AVENUE 5:15 P.M. AGENDA Call to order Roll call 1. Interview of ;persons interested in serving on City advisory commissions (Council Memo No. 7) Adjournment SPECIAL CITY COUNCIL WORKSESSION CITY HALL COUNCIL CHAMBERS 6700 PORTLAND AVENUE 6:00 P.M. T AGENDA Call to order. Roll call 1. Discussion regarding Richfield Parkway North Connection (Council Memo No. 8) 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 a//ow 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 January 7, 2011; (2) Special City Council Meeting of January 8, 2011; and (3) Regular City Council Meeting of January 11, 2011. PRESENTATION 1. Recognition of Darrin Maenke, Maenke Bros. Outdoor, for contribution of snow removal services at Honoring All Veterans Memorial _ 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 resolution authorizing summary publication of an ordinance amending Richfield City Code Appendix D establishing a change to the fee for Public Works Section 3, Subsection 10 and to move the-fees to the Appendix D resolution S.R. No. 14 B. Consideration of approval of first reading of an ordinance amending Subsection 305.05, Subd. 3 of the City Code to reduce the number of appointed Planning Commissioners from nine to seven members S.R. No. 15 C. Consideration of approval of a resolution authorizing the City of Richfield to enter into a contract with the Minnesota Department of Transportation for Traffic Signal Optimization along I-494 in Bloomington, Richfield and Edina S.R. No. 16 D. Consideration of approval of a resolution requesting an advance payment of 2012- 2013 Municipal State Aid (MSA) funds S.R. No. 17 E. Consideration of approval of a purchase order to Elk River Ford Inc. in the sum of $45,993.28 plus tax for two new squad cars S.R. No. 18 F. Consideration of approval of a purchase order for an unmarked Public Safety vehicle to Thane. Hawkins Polar Chevrolet for $17,518.41, plus tax & license fees S.R. No.19 - G. Consideration of approval of the purchase of two single axel dump trucks for use by the Street Maintenance Division in the amount of $150,841.24 to Astleford International Trucks for chassis and $156,529.12 to Towmaster Truck Equipment for box, hydraulics and snow fighting. equipment S.R: No. 20 N. Consideration of approval of a resolution accepting a donation of $50 to the police safety vest fund from Minneapolis-Richfield American Legion Auxiliary #435 S.R. No. 21 Notes: 5. Consideration of items, if any, removed from Consent Calendar Notes: PROPOSED-ORDINANCES 6. Consideration of first reading of a Domestic Partnership Registration Ordinance and consider setting second reading for February 8, 2011 Staff Report No. 22 Notes: 7. Consideration of first reading of amendment to City Code Section 310.39, Subd. 6, Bereavement Leave for City employees, to include Registered Domestic Partners and consider setting second reading for February 8, 2011 - Staff Report No. 23 Notes: OTHER BUSINESS 8. Consider directing Wold Architects to initiate a Proposal Request.for a Sound Masking system for the new Richfield Municipal Center Staff Report No. 24 Notes: 9. Consideration of appointments to City advisory commissions Staff Report No. 25 Notes: CITY MANAGER'S REPORT 10. City Manager's report Notes: 11. 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 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: 12. 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: January 2011 Page 1 of 1 City of Richfield -Calendar Calendars Net Navigate: 2010 Jan Feb Mar ~ Mav Jun Jul Aug. ~ Oct Nov Dec 'L012 January 2011 14~ondav Tuesday- 4Fednesifay ThursdaF Fsida~° 7 Dec 28 29 4(3 31 7 PM Planning 7 PM Regular City City Administrative Commission Council Meeting Offices Closed - CANCELED CANCELED observance of New Years Day 3 ~ j h 7 7 PM Human Rights 7 PM Transportation 7 PM Arts Commission 8:30 AM Special City Commission Commission @ Community Center Council Worksession (rescheduled to Jan. 11) (annual goal setting)@ Richfield High School Board Room, 7001 7 PM Special Friendship Harriet Avenue City Commission SATURDAY, JANUARY 8 8:30 AM Special City Council Meeting (commission interviews) 1(} X1 12 13 l~ 7 PM Regular City 7 PM Bike Task Force Council Meeting @ Maintenace Facility Lunchroom 7 PM Human Rights Commission Meeting @ Community Center 1~ i~ ~~ zo zz City Administrative Offices 5:30 PM Hearing 6:30-8:00 PM Public 4:30 PM FOWL Board Closed --Martin Luther Examiner in Heredia meeting regarding Meeting @WLNC King, Jr. Day Room Richfield Parkway North Connection @ Mt. 7 PM Friendship City SATURDAY, JANUARY 7 PM Community Calvary School Commission 22 Services Commission Gymnasium, 66th St., & CANCELED 9 a.m.-3 p.m. Richfield @ 1901 ~. 66th St 16th Ave. Remodeling Fair at , (change in location) Richfield High School 6 PM Advisory Board of Health 7 PM Regular HRA Meeting (rescheduled from Jan. 17) 2~ ~S 26 27 ?8 7 PM Planning 5:15 PM Special City SATURDAY, JAN. 29 Commission Council Meeting 9:30-10:30 AM (commission interviews) Mayor's Hour @WLNC in City Hall Executive Conference Room 6 PM Special City Council Worksession 7 PM Regular City Council Meeting 31 1 Fels 2 3 6-8 PM Special City 7 PM Human Rights 7 PM Transportation 7 PM Arts Commission Council/HRA/Planning Commission @ Commission @ Community Center Commission/Tranportation Community Center (possible quorum) regarding preferred Revitalization Plan for 66th St. Corridor; Mt. Calvary Lutheran School Gym, 6541 16th Ave. Display: Year Month Week Day Block List Condensed Abs Slide Calendars: Search Add Events: Dam Duration Periodic Administer: This Calendar All meetings held at City Hall (6700 Portland Avenue) unless indicated otherwise Calendars Net free online interactive web calendars http://www.my.calendars.net/richfield 1/20/2011 J CITY COUNCIL MINUTES Richfield, Minnesota Special Worksession January 7, 2011 CALL TO ORDER Room. The meeting was called to by Mayor Goettel at 8:34 a.m. in the Richfield School District Board The oath of office was administered to Debbie Goettel, Mayor. The oath of office was administered to Sue Sandahl, Council Member At-Large. ROLL CALL Council Members Debbie Goettel, Mayor; Pat Elliott; Fred Wroge; Sue Sandahl; and Tom Present: Fitzhenry. Staff Present:: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; John Stark, Community Development Director; Jim Topitzhofer, Recreation Services Director; Brad Sveum, Fire Services Director; Bill Fillmore, Municipal Liquor Operations Director; Barry Fritz, Public Safety Director; Chris Regis, Finance Manager; and Pam Dmytrenko, Assistant to City Manager. Item # I DISCUSSION OF ANNUAL GOAL SETTING The City Council and staff discussed goal setting and strategic planning for 2011. ADJOURNMENT The meeting was adjourned by unanimous consent at 3:40 p.m. Date Approved: January 25, 2011 Cheryl Krumholz Recording Secretary Debbie Goettel Mayor Steven L. Devich City Manager J CITY COUNCIL MEETING MINUTES Richfield, Minnesota Special City Council Meeting Advisory Board/Commission Applicant Interview January 8, 2011 CALL TO ORDER The meeting was called to order by Mayor Goettel at 8:30 a.m. in the Richfield Council Chambers. ROLL CALL MEMBERS PRESENT: Debbie Goettel, Mayor; Sue Sandahl; Pat Elliott; Fred Wroge; and Tom Fitzhenry. INTERVIEW OF APPLICANTS The City Council conducted interviews of the following applicants for appointment to City Advisory Boards and Commissions: Brianna Eicheldinger Greg Mangold Kirsten Johnson David Gepner Dennis Schuller LuAnn Werner Beth Roberts Phil Mortenson Claire Plank Sara Nutter The City Council requested the commission chair and staff liaison notify commission members when terms expire and they need to re-apply. The City Council discussed commission size. The City Council rescheduled the interview of Anthony Bradford and Rick Jabs to Tuesday, January 25, 2011. ADJOURNMENT The meeting was adjourned by unanimous consent at 10:40 a.m. Special Meeting Minutes -2- January 8, 2011 Date Approved: January 25, 2011 Cheryl Krumholz Recording Secretary Debbie Goettel Mayor Steven L. Devich City Manager J CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting January 11, 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; Pat Elliott; Fred Wroge and Tom Fitzhenry. Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; Chris Regis, Finance Manager; Jim Topitzhofer, Recreation Services Director; John Stark, Community Development Director; Mary Tietjen, City Attorney; Pam Dmytrenko, Assistant to the City Manager; and Cheryl Krumholz, Recording Secretary. The oath of office was administered to Debbie Goettel, Mayor. The oath of office was administered to Suzanne M. Sandahl, Council Member At-Large. OPEN FORUM None. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Wroge, S/Sandahl to approve the minutes of Regular City Council Meeting of December 14, 2010. Motion carried 5-0. Council Meeting Minutes -2- January 11, 2011 Item #1 PRESENTATION OF 2010 ZETA AWARD TO KELLY MERTES, CITY OF RICHFIELD RECREATION SUPERVISOR (COUNCIL MEMO NO. 1) Recreation Services Director Topitzhofer presented the award to Kelly Mertes. Item #2 COUNCIL DISCUSSION • HATS OFF TO HOMETOWN HITS Council Member Wroge acknowledged the efforts of Gordon Hanson, Friends of Wood Lake (FOWL) member, and Karen Shragg, Wood Lake Nature Center Manager, related to a recent ad in the Star Tribune which resulted in an increase in FOWL memberships. Council Member Elliott stated the group of residents and businesses that meet regarding Penn Avenue revitalization have changed their monthly meeting time to the third Thursday at 6:15 p.m. rather~than in the morning to reduce conflicts with workday schedules. Council Member Fitzhenry announced the public meeting on January 19, 2011 regarding Richfield Parkway at Mount Calvary School Gymnasium. Council Member Fitzhenry acknowledged the use of facebook and twitter by commission applicants to learn of openings. Council Member Fitzhenry discussed the Human Rights Commission's kickoff of the Beyond Yellow Ribbon campaign. Council Member Sandahl relayed the positive, unsolicited comments she received from a judge about the Richfield Police department. Council Member Sandahl announced the January 27, 2011 St. Richard's Church talent show that will be a fundraiser for Habitat for Humanity. Mayor Goettel announced the Optimist Club Chili Feed. Mayor Goettel announced the January 22, 2011 Richfield Remodeling Fair at Richfield School from 1:00 - 3:00 p.m. Mayor Goettel discussed the success of the Wellness Program and the upcoming Blue Cross Blue Shield Community Health Pilot Program, a joint venture of Bloomington, Edina, Richfield and Blue Cross Blue Shield. Mayor Goettel discussed her liaison partnership with the Chamber of Commerce to become familiar with businesses in the community. Council Member Wroge reported on his recent tour of the new City Hall. Item #3 COUNCIL APPROVAL OF AGENDA Council Meeting Minutes -3- Mayor Goettel amended the agenda to add: January 11, 2011 • Item 3A regarding the Planning Commission membership size • Closed Executive Session at the end of the Regular City Council Meeting M/Wroge, S/Sandahl to approve the agenda as amended. .Motion carried 5-0. Item #3A CONSIDERATION OF AMENDING THE MEMBERSHIP SIZE OF THE PLANNING COMMISSION FROM NINE TO SEVEN Mayor Goettel stated the City Council had received feedback on reducing the membership of the Planning Commission. She said other advisory commissions are the same number or less and larger membership provides more discussion. Council Member Sandahl stated reducing the membership is not a staff recommendation. She said she would keep it at nine because it provides opportunities to as many Richfield residents as possible to get involved. Council Member Fitzhenry stated he believed seven is more efficient and could be a cost savings with providing documents and conducting more manageable meetings. Council Member Elliott stated a large group can be unwieldy and not as concise. He believed seven would be more manageable with better decision making. Council Member Wroge agreed with Council Member Fitzhenry and Council Member Elliott and added that he would like to have the Planning Commission be more competitive in the selection process. M/Wroge, S/Elliott to reduce the Planning Commission membership through attrition with a limit of seven members. Motion carried 3-2. (Goettel, Sandahl opposed.) Item #4 CONSENT CALENDAR A. Consideration of approval of designating available Department Director or Assistant to the City Manager as Acting City Manager in 2011 in event City Manager is absent from City S.R. No. 1 B. Consideration of approval of resolution regarding City Council Member attendance at City Council meetings for 2011 S.R. No. 2 RESOLUTION NO. 10465 RESOLUTION REGARDING ATTENDANCE BY COUNCIL MEMBERS AT COUNCIL MEETINGS This resolution appears as Resolution No. 10465. Council Meeting Minutes -4- January 11, 2011 C. Consideration of approval of resolution designating Richfield Sun-Current as official newspaper for City of Richfield for 2011 S.R. No. 3 RESOLUTION NO. 10466 RESOLUTION DESIGNATING AN OFFICIAL NEWSPAPER FOR 2011 This resolution appears as Resolution No..10466. D. Consideration of approval of resolutions designating official depositories, including approval of collateral, for City of Richfield for 2011 S.R. No. 4 RESOLUTION NO. 10467 RESOLUTION DESIGNATING U.S.. BANK A DEPOSITORY OF FUNDS OF THE CITY OF RICHFIELD FOR THE YEAR 2011 This resolution appears as Resolution No. 10467. RESOLUTION NO. 10468 RESOLUTION DESIGNATING CERTAIN SAVING AND LOAN ASSOCIATIONS, BANKS AND CREDIT UNIONS AS DEPOSITORIES FOR THE DEPOSIT AND INVESTMENT OF CITY FUNDS IN 2011 This resolution appears as Resolution No. 10468. RESOLUTION NO. 10469 RESOLUTION DESIGNATING CERTAIN FINANCIAL INSTITUTIONS AS DEPOSITORIES FOR THE INVESTMENT OF CITY OF RICHFIELD FUNDS IN 2011 This resolution appears as Resolution No. 10469. E. Consideration of approval of resolution authorizing use of City credit cards by City employees otherwise authorized to make purchases on behalf of City S.R. No. 5 RESOLUTION NO. 10470 RESOLUTION AUTHORIZING THE USE OF CREDIT CARDS BY CITY EMPLOYEES OTHERWISE AUTHORIZED TO MAKE PURCHASES ON BEHALF OF THE CITY OF RICHFIELD FOR THE YEAR 2011 This resolution appears as Resolution No. 10470. F. Consideration of approval of resolution approving 2011 Social Service agency funding recommendations and authorizing City Manager to execute agreements for service with those agencies funded by the City S.R. No. 6 RESOLUTION NO. 10471 Council Meeting Minutes -5- January 11, 2011 A RESOLUTION APPROVING THE 2011 SOCIAL SERVICE AGENCY FUNDING RECOMMENDATIONS AND AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS FOR SERVICE WITH THOSE AGENCIES FUNDED BY THE CITY This resolution appears as Resolution No. 10471. G. Consideration of approval of Richfield Municipal Center change order report for aggregate net effect of $94,161 in items included within project budget S.R. No. 7 H. Consideration of approval of request for a new taxi license for White Star Taxi & Limos, LLC, 3233 20t" Avenue South, Minneapolis, MN S.R. No. 8 M/Sandahl, S/Goettel to approve the Consent Calendar. Motion carried 5-0. Item #5 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR Nane. Item #6 CONSIDERATION OF SECOND READING OF AN ORDINANCE AMDENDING RICHFIELD CITY CODE APPENDIX D ESTABLISHING CHANGE TO FEE SCHEDULE FOR PUBLIC WORKS, SECTION 3, SUBSECTION 10 (STAFF REPORT NO. 9) Council Member Fitzhenry presented Staff Report No. 9. City Manager Devich reviewed the process for determining fees. M/Sandahl, S/Goettel subsection 10. Motion carried 5-0. fee Item #7 CONSIDERATION OF A SECOND READING OF AN ORDINANCE REZONING A PORTION OF THE PROPERTY LOCATED AT 6528 PENN AVENUE FROM THE GENERAL COMMERCIAL AND MIXED USE -COMMUNITY WITH THE PENN AVENUE CORRIDOR OVERLAY DISTRICTS TO PLANNED MIXED USE AND A RESOLUTION AUTHORIZING A FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FORA 12,900 SQUARE FOOT RETAIL BUSINESS WITH DRIVE-THRU SERVICE AT 6528 PENN AVENUE (STAFF REPORT NO. 10) Council Member Elliott presented Staff Report No. 10. Community Development Director Stark reviewed the CVS proposed site, including traffic flow and pedestrian access. Jon Lennander, Veldmier Companies, explained the construction and store opening timeline. Council Meeting Minutes -6- January 11, 2011 The City Council thanked CVS for working with City staff to reach a compromise on meeting the Penn Ave Corridor guidelines. Community Development Director Stark explained the rationale for the use of a planned unit development (PUD). Council Member Wroge suggested the PUD requirements be reviewed. RESOLUTION NO. 10472 RESOLUTION AUTHORIZING A FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR CVS PHARMACY Motion carried 5-0. This resolution appears as Resolution No. 10472. Item #8 CONSIDERATION OF DESIGNATING COUNCIL LIAISON APPOINTMENTS TO VARIOUS METROPOLITAN AGENCIES AND CITY ADVISORY COMMISSIONS FOR 2011 (STAFF REPORT NO. 11) Mayor Goettel presented Staff Report No. 11. The City is no longer a member of N.O.I.S.E. therefore N.O.I.S.E. is removed from the list. Jeff Pearson, Transportation Engineer, is staff liaison to the 494 Corridor Commission. M/Goettel, S/Wroge to approve the list of Council liaison appointments to various metropolitan agencies and city advisory commissions for 2011 as amended. Motion carried 5-0. Item #9 CONSIDERATION OF DESIGNATING COUNCIL MEMBER(S) TO ATTEND MARCH 2011 NATIONAL LEAGUE OF CITIES CONGRESSIONAL CONFERENCE; JULY 2011 N.O.I.S.E. CONFERENCE; AND NOVEMBER 2011 NATIONAL LEAGUE OF CITIES CONGRESS OF CITIES CONFERENCE (STAFF REPORT NO. 12) Council Member Sandahl presented Staff Report No. 12. The City is no longer a member of N.O.I.S.E. so the City Council will not be attending the N.O.I.S.E. conference. M/Sandahl, S/Elliott to designate Mayor Debbie Goettel to attend the March 2011 National League of Cities conference and City Council Member Fred Wroge to attend the November 2011 National League of Cities Conference. Council Meeting Minutes -7- January 11, 2011 Motion carried 5-0. Item #10 CONSIDERATION OF DESIGNATING MAYOR PRO TEMPORE FOR 2011 (STAFF REPORT NO. 13) Mayor Goettel recommended Council Member Elliott be designated Mayor Pro Tempore for 2011. M/Sandahl, S/Fitzhenry to designate Council Member Pat Elliott as Mayor Pro Tempore for 2011. Motion carried 5-0. Item #11 CITY MANAGER'S REPORT City Manager Devich requested the City Council review and provide comments on the draft State of the City annual report as soon as possible. Item #12 CLAIMS AND PAYROLLS M/V1/roge, S/Sandahl that the following claims and payrolls be approved: U.S. Bank 12/28/2010 A/P Checks: 200056-200397 $ 1,927,774.66 Payroll: 71859-72170 41815-41831 $ 536,278.50 TOTAL $ 2,464,053.16 U.S. Bank 1/11/2011 A/P Checks: 200398-200686 $ 1,338,244.99 Payroll: 72171-72485 41832-41834 $ 503,222.46 TOTAL $ 1,841,467.45 Motion carried 5-0. OPEN FORUM None. City Manager Devich stated the City Council would be going into a Close Executive Session in the Executive Conference Room with Tom Scott, Attorney, regarding the Sinclair condemnation litigation proceeding and confidentiality is required. The City Council will return to open session to adjourn the meeting. By unanimous consent the City Council left the Council Chambers at 8:14 p.m. to conduct a Closed Executive Session in the Executive Conference Room. Council Meeting Minutes -8- January 11, 2011 SPECIAL CITY COUNCIL CLOSED EXECUTIVE SESSION REGARDING SINCLAIR CONDEMNATION The Closed Executive Session was called to order by Mayor Goettel in the Executive Conference Room at 8:16 p.m. Members Present: Debbie Goettel, Mayor; Sue Sandahl; Pat Elliott; Fred Wroge and Tom Fitzhenry. Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; Kristin Asher, City Engineer; Tom Scott, Attorney; and Cheryl Krumholz, Recording Secretary. The Closed Executive Session was convened pursuant to M.S. 13D.05. The Closed Executive Session was adjourned at 8:47 p.m. The Open Meeting was called to order in the Council Chambers at 8:48 p.m. ADJOURNMENT The City Council meeting was adjourned by unanimous consent at 8:49 p.m. Date Approved: January 25. 2011 Debbie Goettel Mayor Cheryl Krumholz Recording Secretary Steven L. Devich City Manager AGENDA SECTION: CONSENT AGENDA ITEM # 4A REPORT # 14 STAFF REPORT CITY COUNCIL MEETING JANUARY 25, 2011 REPORT PREPARED BY: KATIE PORATH, DEPUTY CITY CLERK Nan~E T REVIEWED BY CITY MANAGER: , ITEM FOR COUNCIL CONSIDERATION: Consider resolution authorizing summary publication of an ordinance amending Richfield City Code Appendix D establishing a change to the fee for Public Works Section 3, Subsection 10 and to move the fees to the Appendix D resolution. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution authorizing summary publication of an ordinance amendment to Richfield City Code Appendix D establishing a change to the fee for Public Works Section 3. Subsection 10 and to move the fees to the Appendix D resolution. II. BACKGROUND The second reading of Bill No. 2011-1 was held on January 11, 2011 with a first reading of December 14, 2010. At that time a resolution authorizing a summary publication of the ordinance was omitted. The verbatim text of the ordinance is lengthy and the expense of publication of the complete text is not justified, therefore it is recommended that the council approve the resolution authorizing a summary publication of Bill No. 2011-1. Appendix D to the Richfield City Code consists of the schedule of fees adopted by the City Council, including those adopted by resolution and those adopted by ordinance. Revisions to these fees require only one hearing, which was conducted at the December 14, 2010 Regular City Council Meeting with a second reading on January 11, 2011. If approved, the ordinance will be published in the February 3, 2011 Sun Current. 0125AppendixD III. BASIS OF RECOMMENDATION A. POLICY • Section 3.12 of the Richfield City Charter allows the City Council to authorize by unanimous vote summary publication of an ordinance when the summary clearly informs the public of the intent and effect of the ordinance. B. CRITICAL ISSUES • N/A C. FINANCIAL • The cost of publishing the full ordinance would be much higher than publication of a summary ordinance. D. LEGAL • None. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Do not approve the summary publication and approve publication of the full text of Bill No. 2011-1 in the Sun Current. V. ATTACHMENTS • Resolution for summary publication VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None CIA-~ RESOLUTION NO. RESOLUTION APPROVING SUMMARY PUBLICATION OF BILL NO. 2011-1 WHEREAS, the City has adopted the above referenced ordinance; and WHEREAS, the verbatim text of the ordinance is cumbersome, and the expense of publication of the complete text is not justified; and WHEREAS, the following summary clearly informs the public of the intent and effect of the ordinance. 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. 2011-1 AN ORDINANCE AMENDING APPENDIX D TO THE RICHFIELD CITY CODE; ESTABLISHING A FEE SCHEDULE FOR CERTAIN PERMITS AND APPLICATIONS FOR PUBLIC WORKS SECTION 3, SUBSECTION 10 AND TO MOVE THE FEES TO THE APPENDIX D RESOLUTION On January 11, 2011, the Richfield City Council adopted an ordinance designated as Bill No. 2011-1, the title of which is stated above. This summary of the ordinance is published pursuant to Section 3.12 of the Richfield City Charter. The ordinance adopts a fee schedule for certain permits and applications for Public Works Section 3, Subsection 10 and moves the fees to the Appendix D Resolution. Resolution 10464 approved December 14, 2010 reflects the change in Public Works fees for 2011. Copies of the ordinance are available for public inspection in the office of the City Clerk during normal business hours or upon request by calling the Community Development Department at 612-861-9760. Nancy Gibbs, City Clerk BE IT FURTHER RESOLVED, that the City Clerk is directed to keep a copy of the ordinance in her office at City Hall for public inspection and to post a full copy of the ordinance in a public place in the City for a period of two weeks. Adopted by the City Council of the City of Richfield, Minnesota this 25th day of January, 2011. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA ITEM # 4B REPORT # 15 STAFF REPORT CITY COUNCIL MEETING JANUARY 25, 2011 REPORT PREPARED BY: MELISSA POEHLMAN, CITY PLANNER NAME, TITLE DEPARTMENT DIRECTOR REVIEW: SIGNATURE REVIEWED BY CITY MANAGER P(~ ITEM FOR COUNCIL CONSIDERATION: Conduct a first reading of an ordinance reducing the number of appointed Planning Commissioners from nine to seven members. I. RECOMMENDED ACTION: By Motion: Conduct a first reading of an ordinance amending Subsection 305.05, Subd. 3 of the City Code to reduce the membership of Planning Commissioners to seven members. II. BACKGROUND In response to a mid-term vacancy, the Planning Commission recently discussed the appropriate size of the Commission itself. As part of this discussion, staff reported that 17 of 24 (71 %) area communities reviewed had seven-member planning commissions. Five of the others (21%) had nine-member planning commissions and one community had afive-member commission. The Planning Commission identified a number of positives and negative to becoming aseven- member planning commission, including: Positives (of reducing to aseven-member commission) ^ Easier to fill vacancies given the trend of declining applications. ^ Easier to accommodate/manage -especially in the context of combined meetings with the City Council and/or Housing and Redevelopment Authority. ^ Resource conservation resulting from fewer copies, etc. 112511 -Planning Commission Negatives (of reducing to aseven-member commission) ^ Fewer viewpoints considered.. The Planning Commission did not reach a consensus regarding the preferred size, but agreed that they would be open to either seven or nine members -depending on the availability of applicants and the. desires of the City Council. This issue was discussed by the City Council at its goal setting session in early January. For reasons similar to those discussed by the Planning Commission, the Council directed staff to pursue an amendment to the Code reducing the number of planning commissioners from nine to seven members. However, the Council indicated that existing Planning Commissioners should be allowed to complete their maximum allowable term (if they so choose). This will likely result in an interim situation in which the Planning Commission would have eight members. ~ III. BASIS OF RECOMMENDATION A. POLICY • The Planning Commission serves in an advisory capacity to the City Council. • Commissioners are appointed by the Council to serve for terms of three years. • The proposed ordinance change will reduce the appointed number of commissioners from nine to seven. B. CRITICAL TIMING ISSUES • This item should be addressed as soon as possible since commission appointments are now pending. C. FINANCIAL • -None D. LEGAL • A second reading regarding this item will take place on February 8, 2011. • A public hearing is not required for this item. E. ENVIRONMENTAL CONSIDERATIONS • A reduction in the number of commissioners will also reduce resource consumption related to copying. IV. ALTERNATIVE RECOMMENDATION~S~ • Maintain anine-member commission V. ATTACHMENTS • Ordinance VI. PRINCIPAL PARTIES EXPECTED- AT MEETING yt~ - i BILL NO. AMENDMENT TO RICHFIELD CITY CODE SUBSECTION 305.05 SUBD. 3 RELATED TO PLANNING COMMISSION COMPOSITION THE CITY OF RICHFIELD DOES ORDAIN: Section 1 Subsection 305.05, Subdivision 3 of the Richfield City Code is amended to read as follows: Subd. 3. Composition of the commission. The commission consists of sae seven members appointed by the council to serve for terms of three years, with terms of members to be staggered so that as nearly equal number of terms as possible shall expire each year. Terms begin the first day of February. The city manager, the superintendent of schools for Independent School District No. 280, one council member and one other representative of the Board of Education of Independent School District No. 280 designated by the district are ex officio officers and members of the commission without voting rights. Sec. 2 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 AGENDA SECTION: CONSENT AGENDA ITEM # 4C REPORT # 16 STAFF REPORT CITY COUNCIL MEETING JANUARY 25, 2010 REPORT PREPARED BY: JEFF PEARSON, TRANSPORTATION ENGINEER NAME, TITLe DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of approval of Mn/DOT Contract (No. 97459) for the optimization of traffic signals along I-494. RECOMMENDED ACTION: By Motion: Adopt the attached resolution authorizing the City of Richfield to enter into a contract with the Minnesota Department of Transportation for Traffic Signal Optimization along 1-494 in Bloominaton. Richfield and Edina. II. BACKGROUND Mn/DOT is looking to partner with Hennepin County, Bloomington, Edina and Richfield in an effort to decrease the travel times on the arterial streets parallel to I-494. The project involves reprogramming 44 traffic signals along American Boulevard in Bloomington and 77th St/76t" St in Richfield and Edina. The signal optimization project would assess the existing traffic demand allowing the signal timing to be modified to help improve traffic flow during peak periods. The project will be funded based on percentage of ownership. Richfield owns 7 of the 44 signals involved and will therefore incur 15.9% of the total cost. III. BASIS OF RECOMMENDATION 012511 SignalContract A. POLICY • Transportation Goal #4 of the Richfield Comprehensive Plan is to `Improve the flow of traffic in the City.' • The City has historically encouraged the use of the 77t"/76t" Street corridor as an alternative to I-494 local traffic. B. CRITICAL TIMING ISSUES • The State would like to complete the signal optimization project by June 30, 2011. C. FINANCIAL • Each project participant is contributing a share equal to their percentage of signals owned along the corridors. • The City of Richfield owns 16% of the signals which is equal to $15,997.98 of the total contract amount. • The City will use Municipal State Aid funds for the project. D. LEGAL • The City Attorney has reviewed this agreement and will be available to answer questions. E. ENVIRONMENTAL CONSIDERATIONS • Creating a more consistent and reliable traffic flow through Richfield on the 76t"/77th Street corridor will reduce emissions and gasoline use by increasing efficiency for motor vehicle users. IV. ALTERNATNE RECOMMENDATION~S~ • Council could choose not to approve this contract and not participate in the project. V. ATTACHMENTS • Resolution VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. SIG-~ RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ENTER INTO Mn/DOT CONTRACT NO. 97459 WITH THE STATE OF MINNESOTA FOR THE OPTIMIZATION OF TRAFFIC SIGNALS ALONG 1-494. WHEREAS, the City is in need of traffic signal optimization at intersections along Interstate 494; and WHEREAS, the City wishes to cooperatively use Mn/DOT assistance in the project completion; and WHEREAS, the State is authorized under Minnesota Statutes §15.061 to engage such assistance as deemed necessary. NOW, THEREFORE, BE IT RESOLVED, that the Richfield Mayor and City Manager are hereby authorized and directed for and on behalf of the City of Richfield to execute and enter into Contract No. 97459 between the City of Richfield and the State of Minnesota for the optimization of traffic signals along I-494. Adopted by the City Council of the City of Richfield, Minnesota this 25t" day of January, 2011. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 012511 SignalContract AGENDA SECTION: CONSENT AGENDA ITEM # 4D REPORT # 17 STAFF REPORT CITY COUNCIL MEETING JANUARY 25, 2011 REPORT PREPARED BY: KRISTIN ASxER, CITY ENGINEER NAML•, TITLE DEPARTMENT DIRECTOR REVIEW: 5 far ms SIGNAT REVIEWED BY CITY MANAGER: ~,~. ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution requesting an advance payment of 2012-2013 Municipal State Aid (MSA) funds. I. RECOMMENDED ACTION: By Motion: Adopt the attached resolution requesting an advance of 2012-2013 Municipal State Aid street funds. II. BACKGROUND Minnesota Statute 162.14 provides for municipalities to make advances from future year's allocations for the purpose of expediting construction. The Minnesota Department of Transportation State Aid Office solicits requests for advances on a year-by-year basis depending on the current statewide fund balance. The State Aid Office is currently accepting requests for the 2012-2013 construction allotments. Staff is recommending that the City Council adopt the attached resolution to request an advance of the 2012-2013 allotments to recover construction payments made for the following ~rojects: Lyndale Avenue Bridge over I-494, 76th Street Railroad Crossing, 76t Street Bridge, Portland Avenue Roundabout. The current balance of Richfield's MSA account after the 2010 advance is estimated at negative $651,381 with an estimated 2011 allotment in February of $775,000. In order to recover the construction payments made to past projects the City would need to request $1,785,380 of the 2012-2013 construction allotments. 012511 MSAAdvance III. BASIS OF RECOMMENDATION A. POLICY • The Minnesota Department of Transportation requires that all State Aid Street Fund advances be made via City Council resolution. B. CRITICAL TIMING ISSUES • The Mn/DOT State Aid Office considers advance requests on a first- come/first-serve basis. C. FINANCIAL • MSA Balance Remaining as of 1/1/2011 Estimated 2011 Allotment Estimated Account Balance as of 2/1/2011 Estimated Disbursements to Close-Out Projects 157-363-19 (Lyndale Avenue Bridge) 157-361-26 (76t" Street Railroad Crossing) 157-090-01 (76th Street Bridge) 157-020-19 (66th and Portland Roundabout) 157-363-24 (35W/HWY 62 Crosstown) Total Estimated Disbursements Total Estimated Disbursements to Close-Out Projects Minus Account Balance as of 1/1/2010 2011 Advance Amount Requested *Estimates $185,000 for the Sinclair right-of-way settlement. $(651, 380) $775,000 $123,620 $1,200,000 $35,000 $39,000 $600,000 $35,000 $1,909,000 $1,909,000 $123,620 $1,785,380 D. LEGAL • The City Attorney will be available to answer any questions. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATNE RECOMMENDATION~S~ • The Council may choose not to adopt the attached resolution. V. ATTACHMENTS • Resolution authorizing an advance of 2012-2013 Municipal State Aid Street Funds VI. PRINCII'AL PARTIES EXPECTED AT MEETING • None expected. ~~ - RESOLUTION NO. RESOLUTION AUTHORIZING AN ADVANCE OF 2012-2013 MUNICIPAL STATE AID STREET FUNDS. WHEREAS, the Municipality of Richfield is planning to implement Municipal State Aid Street Project(s) in 2010 which will require State Aid funds in excess of those available in its State Aid Construction Account, and WHEREAS, said municipality is prepared to proceed with the construction of said project(s) through the use of an advance from the. Municipal State Aid Street Fund to supplement the available funds in their State Aid Construction Account, and WHEREAS, the advance is based on the following determination of estimated expenditures: Estimated Account Balance as of date 2/1/2011 $ 123,620 Less estimated disbursements: Project # 157-363-19 $ 1,200,000 Project # 157-361-26 $ 35,000 Project # 157-090-01 $ 39,000 Project #157-020-19, STPX 2706(140 $ 600,000 Project # 157-363-24 $ 35,000 Bond Principle (if any) $ NA Project Finals (overruns-if any) $ NA Other $ NA Total Estimated Disbursements $ 1,909,000 Advance Amount (amount in excess of acct balance) $ 1,785,380 WHEREAS, repayment of the funds so advanced will be made in accordance with the provisions of Minnesota Statutes 162.14, Subd. 6 and Minnesota Rules, Chapter 8820.1500, Subp. 10b, and WHEREAS, the Municipality acknowledges advance funds are released on a first- come-first-serve basis and this resolution does not guarantee the availability of funds. NOW, THEREFORE, BE IT RESOLVED That the Commissioner of Transportation.. _ - be and is hereby requested to approve this advance for financing approved . Municipai_ State Aid Street Project(s) of the Municipality of Richfield in an ambunt.up to $1,785,380. I hereby authorize repayments from subsequent accruals. to the Municipal State Aid Street- Construction Account of said Municipality from future-year allocations until fully repaid.. HEREBY CERTIFY that the above is a true and correct copy of a resolution presented to and adopted by the Municipality of Richfield, County of .Hennepin, State of 4~ -~ Minnesota, at a duly authorized Municipal Council Meeting held in the Municipality of Richfield, Minnesota on the 25th day of January, 2011, as disclosed by the records of said Municipality on file and of record in the office. Adopted by the City Council of the City of Richfield, Minnesota this 25th day of January, 2011. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA ITEM # 4E REPORT # I8 STAFF REPORT CITY COUNCIL MEETING JANUARY 25, 2011 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: MARK HALL, FLEET AND PARK MAINTENANCE SUPERVISOR E, TITLE ITEM FOR COUNCIL CONSIDERATION: Consideration of the purchase of two squad cars. I. RECOMMENDED ACTION: By Motion: Approve a purchase order to Elk River Ford Inc. in the sum of $45,993.28 plus tax for two new squad cars. II. BACKGROUND Two Public Safety Department squad cars are scheduled to be replaced in 2011. Certain criteria have been established when purchasing new vehicles for the Public Safety Department as described below: Replacement Schedule These squads are replaced on a three-year rotation, with a current average mileage of 58,000 miles. The projected average mileage for the August replacement will be 72,000 miles. The mileage, however, is not a true indication of the number of hours on the engine, because of excessive idle time that occurs. Purchasing Policy These units are fully depreciated and will be replaced with Ford Crown Victoria's. Purchase of the new vehicles has been coordinated through the State of Minnesota Cooperative Purchasing Program. III. BASIS OF RECOMMENDATION 012511squads A. POLICY • The City of Richfield participates in the Minnesota State Cooperative Purchasing Program. • Elk River Ford Inc. has the state contract on the Minnesota State patrol cars. B. CRITICAL TIMING ISSUES • Approval at the January 25, 2011 Council Meeting will facilitate delivery of the new squad cars. C. FINANCIAL • $56,000 for the purchase of these vehicles is in the Central Garage 2011 Budget (61000-7500). • Upon delivery of the vehicles, charges for transfer of police equipment such as radios and logo applications will be deducted from the remaining funds budgeted for this purchase. D. LEGAL • When the purchase of materials, merchandise, equipment, or construction exceeds $25,000, authority to purchase shall be submitted to the City Council for consideration. E. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION(S~ • Council may delay approval to a later meeting. Delayed approval, however, will result in delayed delivery. • No action by Council on this purchase will eventually compromise safety for police officers driving old squad cars. V. ATTACHMENTS • None VI. PRINCIl'AL PARTIES EXPECTED AT MEETING • None AGENDA SECTION: CONSENT AGENDA ITEM # 4F REPORT # 19 ~i STAFF REPORT CITY COUNCIL MEETING ~TANUARY 25, ZO11 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: MARK HALL, OPERATIONS MANAGER PARKS AND FLEET NAME, TLTLE ITEM FOR COUNCIL CONSIDERATION: Consideration of the purchase of one unmarked Public Safety vehicle. I. RECOMMENDED ACTION: By Motion: Approve a purchase order for an unmarked Public Safety vehicle to Thane Hawkins Polar Chevrolet for $ 17,518.41, plus tax & license fees. II. BACKGROUND Unit 2855 is a Public Safety vehicle that is fully depreciated and scheduled for replacement in 2011. The replacement vehicle is a Chevrolet Impala Sedan. Purchase of the new vehicle has been coordinated through the State of Minnesota Cooperative Purchasing Program. These unmarked sedans are driven by the Detectives in Public Safety and are often used in emergency response situations. This vehicle has 47,500 miles; however, this is not a true indication of the number of hours on the engine because of excessive idle time that occurs. III. BASIS OF RECOMMENDATION 012511 unmarked squads A. POLICY • The City of Richfield participates in the Minnesota State Cooperative Purchasing Program. • Thane Hawkins Polar Chevrolet is included in the Minnesota State Cooperative Purchasing Program. B. CRITICAL TIMING ISSUES • Approval at the January 25, 2011 Council meeting will facilitate delivery of the new detective car. C. FINANCIAL • $28,000 for the purchase of this vehicle is in the Central Garage approved 2011 budget (61000-7500) • Upon delivery of the vehicle, charges for transfer and or purchase of Police equipment, such as radios and emergency lights will be deducted from the remaining funds budgeted for this purchase. D. LEGAL • When the purchase of materials, merchandise, equipment, or construction exceeds $25,000, authority to purchase shall be submitted to the City Council for consideration. IV. ALTERNATIVE RECOMMENDATION~S~ • Council may delay approval to a later meeting. Delayed approval, however, will result in delayed delivery. • No action by Council on this purchase will eventually compromise safety for police officers driving old detective cars. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None AGENDA SECTION: CONSENT AGENDA ITEM # 4G REPORT # 20 STAFF REPORT CITY COUNCIL MEETING JANUARY 25, 2011 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: MARK HALL, FLEET AND PARK ITEM FOR COUNCIL CONSIDERATION: Consideration of the purchase of two single axel dump trucks for use by the Street Maintenance Division. I. RECOMMENDED ACTION: By Motion: Approve the purchase of two single axel dump trucks in the amount of $307,334.36 consisting of the following items: • Chassis in the amount of $150,841.24 to Astleford International Trucks • Box, hydraulics, and snow fighting equipment in the amount of $156,529.12 to Towmaster Truck Equipment. IL BACKGROUND Units 391 and 411 are two dump trucks that are fully depreciated single axel dump trucks used for plowing and hauling in the Street Maintenance Division. Certain criteria have been established when purchasing new vehicles for the Public Works Department as described below: Replacement Schedule Both dump trucks have been worked beyond their scheduled replacement date and have been identified by our mechanics as in need of replacement. It is no longer cost effective to make major repairs such as transmission overhauls on a 012511 dumptrucks MAINTENANCE SUPERVISOR truck that is worn out. Also, the plows are wearing out and we are no longer able to calibrate the sanders, which is wasting salt. Purchasing Policy These units will be replaced with two single axel dump trucks that will be purchased through the State of Minnesota Cooperative Purchasing Program. III. BASIS OF RECOMMENDATION A. POLICY • The City of Richfield participates in the Minnesota State Cooperative Purchasing Program. B. CRITICAL TIMING ISSUES • Approval at the January 25, 2011 Council meeting will facilitate delivery of the new dump trucks. C. FINANCIAL • The approved budget contains $300,000 for the purchase of these dump trucks (line item 61000-7500). • The additional $7370 will be revised into the 2011 budget. D. LEGAL • When the purchase of materials, merchandise, equipment, or construction exceeds $25,000, authority to purchase shall be submitted to the City Council for consideration. E. ENVIRONMENTAL CONSIDERATIONS • The new sanders on these trucks will be able to be calibrated as low as 100 Ibs/lane mile. This will help us reach our salt reduction goals in our Storm Water Pollution Prevention Program. IV. ALTERNATIVE RECOMMENDATION~S~ • Council may delay approval to a later meeting. Delayed approval, however, will result in delayed delivery. • No action by Council on this purchase will eventually result in more breakdowns; dollars wasted on repairs, lost efficiency in plowing and other Public Works operations. V. ATTACHMENTS • None VI. PRINCII'AL PARTIES EXPECTED AT MEETING • None AGENDA SECTION: CONSENT AGENDA ITEM # 4H ! REPORT # 21 ~i STAFF REPORT CITY COUNCIL MEETING JANUARY 25, 2010 REPORT PREPARED BY: TODD SANDELL, DEPUTY DIRECTOR/DEPUTY CHIEF NAME, TITLE DEPARTMENT DIRECTOR 1~1 REVIEW: ~J SIGNA REVIEWED BY CITY , MANAGER: D~ ~- ITEM FOR COUNCIL CONSIDERATION: Approve the attached resolution accepting donation from Minneapolis-Richfield American Legion, Auxiliary #435. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution accepting a donation of $50 to police safety vest fund from Minneapolis-Richfield American Leaion Auxiliarv #435. II. BACKGROUND Richfield Police has been presented with a check in the amount of $50 from the Minneapolis-Richfield American Legion Auxiliary Unit 435. Richfield Police has received donations under this program for the past several years from the #435 Auxiliary of the Minneapolis-Richfield American Legion. The check for $50 was received in the mail without a cover letter, but with a notation that it is specifically donated for the safety vest fund. III. BASIS OF RECOMMENDATION A. POLICY • Businesses, organizations and occasionally residents wish to show that they are proud of the law enforcement programs and 0125 Approval of Donation from American Legion Auxiliary #435 accomplishments in Richfield because the programs and quality of service add to their sense of safety and security as they live and work in Richfield. To ensure that programs continue, they will offer to contribute to specified areas, such as protective vests for officers or the K-9 unit, or to general police programs. When donations are received without making specific designations, Public Safety accepts the donations with the understanding that the funds will be used for programs affecting the department as a whole. Minnesota Statute 465.03 requires every acceptance of a grant or devise of real or personal property on terms prescribed by the donor be made by resolution of more than two-thirds majority of the City Council. 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 • N/A C, FINANCIAL • The $50 donation will be placed in the forfeiture fund to be used towards the purchase of police officer safety vests. D. LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATNE RECOMMENDATION~S~ • Council could deny the resolution and the funds would be returned to the Minneapolis-Richfield American Legion Auxiliary Unit 435. However, this donation has been accepted in past years. V. ATTACPIMENTS • Resolution authorizing Richfield Public Safety/Police to accept a donation of $50 from the Minneapolis-Richfield American Legion Auxiliary Unit 435 VI. PRINCII'AL PARTIES EXPECTED AT MEETING • N/A. ~1 ~ --1 RESOLUTION NO. RESOLUTION AUTHORIZING RICHFIELD PUBLIC SAFETY/POLICE TO ACCEPT A DONATION OF $50 FROM THE MINNEAPOLIS-RICHFIELD AMERICAN LEGION AUXILIARY UNIT 435 WHEREAS, the Public Safety Department/Police Division, through its Director, has been notified that the Minneapolis-Richfield American Legion Auxiliary Unit 435 has presented a check in the amount of $50 to Richfield Police; and, WHEREAS, Minnesota Statute requires every acceptance of a grant or devise of real or personal property on terms prescribed by the donor be made by resolution of more than two-thirds majority of the City Council; and, WHEREAS, the donated funds have been designated by the donor for and will be used towards the purchase of safety vests for Richfield police officers. NOW, THEREFORE, BE IT RESOLVED that the Director of Public Safety will accept the donation of $50 from the Minneapolis-Richfield American Legion Auxiliary Unit 435 to be placed in the forfeiture fund account and directed for the purchase of police officer safety vests. Adopted by the City Council of the City of Richfield, Minnesota this 25th day of January 2011. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: PROPOSED ORDINANCE AGENDA ITEM # 6 REPORT # 22 ~~ STAFF REPORT CITY COUNCIL MEETING JANUARY 25, 2011 REPORT PREPARED BY: STEV . DEVICH, CITY MANAGER NAME, TITLE REVIEWED BY CITY MANAGER: • ITEM FOR COUNCIL CONSIDERATION: Consideration of a Domestic Partnership Registration Ordinance. I. RECOMMENDED ACTION: By Motion: • Consider first reading of attached Domestic Partnership Registration Ordinance; and • Consider setting second reading for February 8, 2011. III. BACKGROUND ~ In January 2010, the Richfield Human Rights Commission (HRC) was contacted by a Richfield resident and requested the HRC explore the possibility of a Domestic Partnership Registration Ordinance. After researching the issue, hosting a public information session, and consulting with commissions of neighboring cities, the Richfield HRC has decided to move forward with a recommendation of a Domestic Partnership Registration Ordinance to the City Council. The Domestic Partnership Registry is a voluntary means by which unmarried, committed couples who reside or work. in Richfield and who share a life and home together may document their relationship. The Domestic Partnership Registry may provide a basis for some employers to offer certain employee fringe benefits which would cover registered domestic partners. III. BASIS OF RECOMMENDATION A. POLICY 0125Domestic Partnership Registration Ordinance • The Domestic Partnership Registration Ordinance does not create rights, privileges, or responsibilities that are available to married couples under State or Federal law. • If adopted, the City Clerk would provide a Registered Domestic Partnership Registry application. • If the applicants meet the definition of a Registered Domestic Partnership as defined by the ordinance, the City Clerk would issue a Domestic Partnership Registration Certificate. • The City Clerk would keep record of all registrations of Domestic Partnership, amendments to registrations and notices of terminations. • The cities of Minneapolis, St. Paul and Edina have adopted such Domestic Partnership Registry ordinances. B. CRITICAL TIMING ISSUES • The Human Rights Commission has requested that this matter be presented for City Council consideration as soon as possible. • If the first reading of the proposed ordinance is adopted, the second reading could be set for February 8, 2011. C. FINANCIAL • The City Council may set a fee to be collected by the City Clerk for the processing of the registration. • Staff recommends that if the ordinance is adopted, a fee be enacted that covers all of the costs of administration of the ordinance. D. LEGAL • The application and amendments thereto, the registration certificate, and termination notices shall constitute government data and will be subject to disclosure pursuant to the terms of the Minnesota Government Data Practices Act. • There is no Minnesota state law governing this matter. Cities may establish such registry ordinances by City if they choose. E. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION(S~ • The City Council may decide not to adopt the first reading of the Domestic Partnership Registry Ordinance. • The City Council may decide to postpone the first reading consideration of the Domestic Partnership Registry Ordinance. • The City Council may decide to consider a resolution endorsing State of Minnesota consideration of the Domestic Partnership Registry matter. V. ATTACHMENTS ~ • Ordinance. PRINCIPAL PARTIES EXPECTED AT MEETING Members of the Richfield Human Rights Commission ~-~ BILL NO. AN ORDINANCE RELATING TO CIVIL RIGHTS; ESTABLISHING A DOMESTIC PARTNER REGISTRY; AMENDING CHAPTER 1OF THE RICHFIELD CITY CODE THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Chapter 1 of the Richfield City Code is amended by adding a section to read as follows: Section 120: Domestic Partnerships 120.01 Purpose. The City of Richfield authorizes and establishes a voluntary program of registration of domestic partners. The domestic partnership registry is a means by which unmarried, committed couples who reside or work in Richfield and who share a life and home together may document their relationship. Richfield's domestic partnership ordinance is a City ordinance and does not create rights, privileges, or responsibilities that are available to married couples under state or federal law. The City of Richfield cannot provide legal advice concerning domestic partnerships. Applicants and registrants may wish to consult with an attorney for such advice including, but not limited to: wills, medical matters, finances and powers of attorney, children and dependents, medical, health care and employment benefits. 120.03 Definitions. Subdivision 1. The following words and phrases used in this Code have the meanings given in this section. Subd. 2. Domestic Partner. The term "domestic partner" means any two adults who meet all the following: a. Are not related by blood closer than permitted under marriage laws of the state. b. Are not married under the laws of this state. c. Are competent to enter into a contract. d. Are jointly responsible to each other for the necessities of life. e. Are committed to one another to the same extent as married persons are to each other, except for the traditional marital status and solemnities. f. Do not have any other domestic partner(s). g. Are both at least 18 years of age. h. At least one of whom resides in Richfield or is employed in Richfield. Subd. 3. Domestic Partnership. The term "domestic partnership" shall include, upon production of valid, government-issued documentation, in addition to domestic partnerships registered with the City of Richfield, and regardless of whether partners in either circumstance have sought further registration with the City of Richfield: ~-a a. Any persons who have acurrently-registered domestic partnership with a governmental body pursuant to state, local or other law authorizing such registration. The term domestic partnership shall be construed liberally to include unions, regardless of title, in which two individuals are committed to one another as married persons are traditionally committed, except for the traditional marital status and solemnities. b. Marriages that would be legally recognized as a contract of lawful marriage in another local, state or foreign jurisdiction, but for the operation of Minnesota law. 120.05 Registration of Domestic Partnerships. Subdivision 1. Application. The city clerk shall accept an application in a form provided by the City to register domestic partners who state in such application that they meet the definition of domestic partners. Subd. 2. Application fee. The city clerk shall charge an application fee for the registration of domestic partners and shall charge a fee for providing certified copies of registrations, amendments, or notices of termination. The fees required by this subsection shall be established from time to time by resolution of the City Council and set forth in Appendix D to this code. Subd. 3. Certificate. The city clerk shall provide each domestic partner with a registration certificate. The registration certificate shall not be issued prior to the third working day after the date of the application. Subd. 4. This application and certificate may be used as evidence of the existence of a domestic partner relationship. Subd. 5. Records. The city clerk shall keep a record of all registrations of domestic partnership, amendments to registrations and notices of termination. The records shall be maintained so that amendments and notices of termination are filed with the registration of domestic partnership to which they pertain. Subd. 6. Data. The application and amendments thereto, the registration certificate, and termination notices shall constitute government data and will be subject to disclosure pursuant to the terms of the Minnesota Government Data Practices Act. 120.07 Amendments. The city clerk may accept amendments for filing from persons who have domestic partnership registrations on file, except amendments that would replace one of the registered partners with another individual. 120.09 Termination of Domestic Partnership. Domestic partnership registration terminates when the earliest of the following occurs: a. One of the partners dies; or b. Forty-five days after one partner: 1) sends the other partner written notice, on a form provided by the City, that he or she is terminating the partnership; and 2) files the notice of termination and an affidavit of service of the notice on the other partner with the city clerk. 120.11 Benefits. Subdivision 1. This section does not create any rights, privileges, or responsibilities for domestic partners other than those expressly provided in this section. ~-3 Subd. 2. City Fees for Services. If the City offers a family fee, family membership or family registration for any City-provided program or service, domestic partners are entitled to the same family fee, family membership or family registration. Subd. 3. Other code provisions. Domestic partners shall be entitled to rights or benefits as expressly provided by this code for registered domestic partners. Sec. 2. 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 AGENDA SECTION: PROPOSED ORDINANCE AGENDA ITEM # 7 REPORT # 23 STAFF REPORT CITY COUNCIL MEETING JANUARY 25, 2011 REPORT PREPARED BY: STEVEN L. DEVICH, CITY MANAGER REVIEWED BY CITY MANAGER: Q ITEM FOR COUNCIL CONSIDERATION: Consideration of amending City Code Section 310.39, Subd. 6, Bereavement Leave, to include Registered Domestic Partners. I. RECOMMENDED ACTION: By Motion: • Consider first reading of an amendment to the Richfield City Code 310.39, Subd. 6, Bereavement Leave for City Employees, to include registered domestic partners; and • Consider second reading for February 8, 2011. II. BACKGROUND In January 2010, the Richfield Human Rights Commission (HRC) was contacted by a Richfield resident who requested the HRC explore the possibility of a Domestic Partnership Registration Ordinance. In addition, it was also requested that the City Code be amended to include registered domestic partners in the Bereavement Leave benefit section of the City Code. The Richfield HRC is now requesting the City Council to amend City Code 310.39, Subd, 6, Bereavement Leave to include registered domestic partners as defined by. the Domestic Partnership Registration Ordinance. III. BASIS OF RECOMMENDATION 0125 First Reading of Amendment to Richfield City Code 310.39 A. POLICY • Amending City Code 310.39, Subd. 6 would give registered domestic partners the same bereavement leave benefit now provided to an employee/employee's spouse. • To date neither the City Ordinance code nor Richfield Collective Bargaining Agreements contain any benefit provisions for registered domestic partners. B. CRITICAL TIMING ISSUES • The Human Rights Commission has asked that this matter be placed on an agenda for City Council consideration as soon as possible, along with the Domestic Partnership Registration Ordinance. • First reading of both proposed ordinances is for consideration on January 25, 2011 with second reading consideration suggested for the February 8, 2011 City Council meeting. C. FINANCIAL • Without knowledge of the number of employees that would register for domestic partnership, it is difficult to determine the impact on the City budget; however it is anticipated to be minimal. • While this benefit alone may not be a significant financial burden, if the registered domestic partner is included in other City benefits, the cost and administration of those benefits could potentially be significant. D. LEGAL • The City Attorney has reviewed the proposed amendment. E. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATNE RECOMMENDATION~S~ • The Council may decide not to approve the proposed amendment to City Code Section 310.39, Subd. 6 to include registered domestic partners for bereavement leave. I. ATTACHMENTS • Ordinance amendment to City Code Section 319.39, Subd. 6 V. PRINCII'AL PARTIES EXPECTED AT MEETING • Members of the Richfield Human Rights Commission 7-~ BILL NO. AMENDMENTS TO SECTION 310.39 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 310.39, Subdivision 6 of the ordinance code of the City of Richfield entitled "Bereavement Leave" is hereby amended: Subd. 6. Bereavement Leave. Employees eligible for personal leave shall also be eligible for bereavement leave. Eligible employees may be granted up to a maximum of twenty-four hours of bereavement leave for the death of the employee's spouse or registered domestic partner, as well as the following employee's, or the spouse's, or the registered domestic partner's family members; i.e., parents, children, siblings, grandparents, grandchildren, mother-in-law, father-in-law, brother-in-iaw and sister-in-law, son-in-law and daughter-in-law, stepparents and/or legal guardians, and stepchild/foster child. The City Manager may approve exceptions to this list. Passed by the City Council of the City of Richfield, Minnesota this day of 2011. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: OTHER BUSINESS AGENDA ITEM # 8 REPORT # 24 ~~ STAFF REPORT CITY COUNCIL MEETING JANUARY 25, 2011 REPORT PREPARED BY: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Council consideration of adding sound masking to the new Richfield Municipal Center. I. RECOMMENDED ACTION: By Motion: Consider directing Wold Architects to initiate a Proposal Request for a Sound Masking system for the new Richfield Municipal Center. II. BACKGROUND On April 27, 2010, the City Council considered whether to move forward with the installation of a sound masking system in the Richfield Municipal Center. Based on bids received last winter, the cost of installing abuilding-wide system was $54,000 (this item was bid as an add-alternate). Due to concerns about unforeseen costs associated with project site work, Council decided to postpone a decision on a sound-masking system until the majority of site work was completed.. and the project budget was reassessed. At this juncture in -the project, staff and Wold Architects are bringing this item back to the Council for a determination on whether to proceed with asound-masking system. The project's electrical contractor, Vinco Electrical, has determined that the cost of installing the building-wide system, initially bid as an add-alternate, is now at $72,950 (compared fo the original bid price of $54,000). The primary reason for the increase is because of the need to go through already-installed ceiling grids. However, avalue-engineered plan has also been developed that would focus the installation of sound-masking only in the "problem areas." Those problem areas are the open office areas and public interaction areas, such as customer service counters. This limited plan follows the standard guide for Open Office Acoustics using applicable ASTM standards. The cost of a limited sound masking system is 0125sound masking PAM DMYTRENKO, ASST. TO THE approximately $26,000. Some of the cost savings are realized by unifying the sound masking system with the Fire Department's public alert system. It would be possible to expand the sound masking system later on, as funds become available, if staff move into the building and it is subsequent)y determined that more sound masking is necessary, However, it is believed that if the Council wishes to install any typpe of soured masking system, a limited system is more prudent to install initially. The roughly $26,000 to install the value-engineered system may be paid for out of the project contingency fund, which is currently at 80% expended. However, the project is not complete and other costs are likely to arise, including a potentially large, unanticipated cost to abate the asbestos and lead in the current City Hall building. Steve Orfield, of Orfield Labs, Inc., has been contacted and made aware of this modified plan proposal. III. .BASIS OF RECOMMENDATION A. POLICY - • t t e pn 7, is ie ity Council meeting, the City Council voted to re-address the sound masking issue once the project was further along and project costs were better known. B. RITICAL TIMING ISSUES • ei ing gri s are in t e process o being installed. If the City Council determines that a sound masking system should be installed prior to occupancy, it is critical to do so now, before ceiling tiles are set. • Because of the opportunity to unify a sound masking system with the Fire Department's public alert system, it is also timely to make a decision at this Juncture in order to save costs associated with equipment and labor. .FINANCIAL ' • ere is no un ing current y i entified for sound masking. in the project budget. • Funding for a sound masking system would have to come from- - another source or from the project contingency which is nearly expended. The contingency fund must continue to cover ongoing change orders, as well as an unexpected high cost for abating the asbestos and lead dust in the current City Hall building. D. EGAL • ~ t e ounce wis es to move a ead with a sound masking system, a new proposal request for this item will be needed. E. ENVIRONMENTAL ONSIDERATIONS • one ALTERNATIVE KECOMMENDATION(S) ~ • T~ ity ounce. c'T Dula postpone t e installation ~of a sound masking system until after the building has been occupied and funds become available. V . ATTACHMENTS - ~ • ~ one AL PARTIES EXPECTED AT MEETING ~ AGENDA SECTION AGENDA ITEM # REPORT # D STAFF REPORT CITY COUNCIL MEETING JANUARY 25, 2011 OTHER BUSINESS 9 25 REPORT PREPARED BY: CHERYL KRUMHOLZ, EXEC. COORDINATOR. REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of appointments to City advisory commissions. I. RECOMMENDED ACTION: By motion: Appoint persons to fill the expiring or vacant terms on the City advisory commissions. II. BACKGROUND Several terms of City commission members expire on January 31, 2011. In addition, there are mid-term vacancies due to resignations that need to be filled. Vacancies were advertised in the Richfield Sun-Current, on cable television channel 16 and the City's Website. III. BASIS OF RECOMMENDATION A. POLICY • The City advisory commissions were established by City ordinance or resolution. Terms are for three-years and are staggered. Several terms expire on January 31 annually. The Council directs the City Manager's office to conduct a recruitment seeking applicants to fill the vacancies. Interviews of the applicants are conducted at Special City Council meetings. These Council meetings were posted in accordance with the open meeting law requirements. B. CRITICAL TIMING ISSUES • Applicants were interviewed at Special City Council meetings on January 8 and January 25, 2011. • Terms of several commission members expire on January 31, 2011. 0125commission A. LEGAL • The Special City Council Meetings were posted in accordance with the open meeting law requirements. B. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION~S~ • .Defer appointments to a later Council meeting. V. ATTACHMENTS • Commission vacancy list VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. 4:20 PM 01/18/11 COMMISSION VACANCIES ' Term Expires ADVISORY BOARD OF HEALTH - 1 full-term; 2 mid-term January 31, 2014 January 31, 2012 January 31, 2012 ARTS COMMISSION - 5 full-term; 1 mid-term January 31, 2014 January 31, 2014 January 31, 2014 January 31, 2014 January 31, 2014 January 31, 2012 CIVIL SERVICE -1 full-term; 1 mid-term January 31, 2014 - January 31, 2013 COMMUNITY SERVICES COMMISSION - 4 full-term January 31, 2014 January 31, 2014 January 31, 2014 January 31, 2014 FRIENDSHIP CITY COMMISSION -2 full-term; 3 mid-term January 31,.2014 January 31, 2014 January 31, 2013 January 31, 2012 January 31, 2012 ..S) Vacancies2011 ~ HUMAN RIGHTS COMMISSION - 4 full-term; 4 mid-term PLANNING COMMISSION - 3 full-term TRANSPORTATION COMMISSION - 3 full-term 4:20 PM 01/18/11 January 31, 2014 January 31, 2014 January 31, 2014 January 31, 2014 January 31, 2013 January 31, 2012 January 31, 2012 January 31, 2012 January 31, 2014 January 31, 2014 January 31, 2014 January 31, 2014 January 31, 2014 January 31, 2014 S~ Vacancies2011 ~