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11-23-1992CITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING November 23, 1992 MEMBERS PRESENT: Martin Kirsch, Mayor; Ivan Ludeman; Michael Sandahl; Kristal Stokes; and William Bullock. STAFF PRESENT: James Prosser, City Manager; Steven Devich, Administrative Services Director/Acting City Clerk; Donald Fondrick, Community Services Director; Hyron Wallace, Community Development Director; Jack Erskine, Public Safety Director; William Fillmore, Liquor Operations Director; and Corrine Heine, Acting City Attorney. The meeting was called to order by Mayor Kirsch at 7:00 p.m. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Kirsch led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Ludeman, S/Stokes to apurove the minutes of the Special City Council Closed Executive Session of November 9. 1992; and the minutes of the reqular City Council Meeting of November 9, 1992. Motion carried 5-0. Item #1 OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL ON ANY ITEM NOT LISTED ON THE AGENDA. Karen McCrae, 7435 Fifth Avenue, Neighborhood Watch Leader, addressed the Council concerning a rental property in her neighborhood. She distributed a copy of a newspaper article concerning activities at that property and recounted some specific activities at the property, which she alleged had been a crack house. Ms. McCrae stated that the property owner has not made needed improvements in the property. She indicated that the owner also does not screen renters, and shows contempt for the neighbors. Ms. McCrae also identified approximately 30 concerned neighborhood residents who were present at the meeting. City Manager Prosser said that the City has been working to address this problem and will provide a list of options available to the City Council before the next Study Session. Council Meeting Minutes -2- November 23, 1992 Council Member Ludeman asked if the code violations were being corrected as a result of the property inspection program. Public Safety Director Erskine stated all of the violations identified have not been addressed. He stated he will investigate if the City can prevent the property from being occupied by another renter if corrective action is not taken. Council Member Ludeman asked if we could close the house down. He also asked Mr. Erskine to explain the law regarding possession of drugs and property confiscation. Public Safety Director Erskine stated we are not able to close it down yet but that the owner of the property must be notified that drug activity is occurring and give the landlord an opportunity to correct it. However, he stated that the seizure and forfeiture of the property will be looked at in any future action. Winthrop Zocher, 6221 11th Avenue, asked to address the City Council about an auction house. May©~° Kirsch inr©~°med MY . Zuehe~ ~i.ha-~. °i Isis ~.ssue s.s an agenda item this evening and therefore, should be addressed at that time. Item #2 PRESENTATION OF PROCLAMATION DESIGNATING DECEMBER 5, 1992 CLIFF PETERSON DAY IN RICHFIELD Council Member Ludeman read and presented a proclamation designating December 5, 1992 as Cliff Peterson Day in Richfield to Jan Kaiser. Ms. Kaiser accepted the proclamation and described the Cliff Peterson Day activities on December 5, 1992 and a December 19 benefit event. Item #3 PRESENTATION OF SILVER SERVICE AWARD TO MS. BETH HERMAN, STAFFING AND COMPENSATION ADMINISTRATOR AT RICHFIELD BANK AND TRUST CO.; AND HONORABLE MENTION AWARD TO MR. JAMES MILLER, OWNER OF TWIN CITY TIRE. C.L. NO. 258 Connie McDonald presented the Silver Service Honorary Mention Award to James Miller the owner of Twin City Tire. Mr. Miller accepted the award and described the efforts and accomplishments of disabled employee Mike Flanagan. Council Meeting Minutes -3- November 23, 1992 Connie McDonald presented the Silver Service Award to Ms. Beth Herman, Richfield Bank & Trust Co. Council Member Sandahl introduced the following members of Cub Scout Troop Pack 344, Flaming Arrow: Don Vu Nick Hofseth Danny Hanson Billy Anderson Jake Custerman Penny Anderson Item #4 COUNCIL APPROVAL OF AGENDA M/Bullock, S/Stokes to a~Drove the agenda. Motion carried 5-0. 1 Item #5 CONSENT CALENDAR Council Member Ludeman requested that Item 4E. be removed from the Consent Calendar and placed on the regular agenda for consideration. Mayor Kirsch directed that Item 4E. "Consideration of Approval of Expenditure of $123,848 for Installation of Utilities Underground for 77th Street Reconstruction Project C.L. No. 263" be removed from the consent calendar and placed on the regular agenda as Item 10A. 5A. APPROVED RESOLUTION ESTABLISHING JUST COMPENSATION AND AUTHORIZING PURCHASE OF 7646 LYNDALE AVENUE AND CERTAIN SOO LINE RAILROAD PROPERTY; 77TH STREET PROJECT. C.L. 259 RESOLUTION N0. 7933 RESOLUTION ESTABLI"SHING JUST COMPENSATION, AUTHORIZING PURCHASE OF REAL PROPERTY This resolution appears as Resolution No. 7933 in Resolution Book No. 61. ~~ J B. APPROVED SETTING DATE OF PUBLIC HEARINGS FOR RENEWAL OF WINE LICENSES FOR DECEMBER 14, 1992. C.L. 260 Council Meeting Minutes C. APPROVED SETTING DATE OF SALE LIQUOR LICENSES FOR D. APPROVED SETTING DATE OF PAWNBROKER AND SECONDHAN] 1992. C.L. 262 -4- PUBLIC HEARINGS DECEMBER 14, 19' PUBLIC HEARINGS ~ GOODS LICENSES November 23, 1992 FOR RENEWAL OF ON- 92. C.L. 261 FOR RENEWAL OF FOR DECEMBER 14, E. Removed from the Consent Calendar to be considered on the regular agenda as Item 10A. F. APPROVED PAYMENT OF ARBITRAGE REBATE FOR GENERAL OBLIGATION IMPROVEMENT BONDS OF 1987 IN AMOUNT OF $5,200 C.L. 264 G. APPROVED FIRST AND FINAL PAYMENT FOR OVERLAY PROJECT OF 64TH-67TH LYNDALE AND 76TH STREET BETWEEN I-35W BRIDGE; MIDWEST ASPHALT CORP.; $164,712.44 H. APPROVED ESTIMATE #3 PAYMENT FOR SITE CONSTRUCTION AT JEFFERSON PARK; VEIT & COMPANY, INC.; 527,129.81 M~Ludeman, Sf7u11®ck ieo app~°®~® tihe cas~eer~~i, calendar ae amended. Motion carried 5-0. Item #6 PUBLIC HEARING ON CONSIDERATION OF OFF-SITE DIRECTIONAL SIGN PERMIT AT 100 WEST 78TH STREET FOR MOTEL 6 (DEFERRED FROM OCTOBER 26) C.L. NO. 265 City Manager Prosser reviewed Council Letter No. 265 regarding consideration of the application of Motel 6 for an off- site directional sign permit at 100 West 78th Street. M/Sandahl, S/Bullock to close the public hearing. Motion carried 5-0. M/Bullock, S/Ludeman to apArove the application of Motel 6 for an off-site directional sign permit at 100 West 78th Street. Motion carried 5-0. Council Meeting Minutes -5- November 23, 1992 Item #7 PUBLIC HEARING AND CONSIDERATION OF INTERIM ORDINANCE FOR PURPOSE OF PROTECTING PLANNING PROCESS AND HEALTH, SAFETY AND WELFARE OF CITY RESIDENTS AND REGULATING AND RESTRICTING DEVELOPMENT OF SECONDHAND GOODS STORES, PAWN SHOPS AND SIMILAR USES WITHIN THE CITY. C.L.N0.266 City Manager Prosser reviewed Council Letter No. 266 regarding consideration of an interim ordinance for the purpose of protecting the planning process and the health, safety and welfare of City residents and regulating and restricting the development of secondhand goods stores, pawn shops and similar uses within the City. 1 Winthrop Zocher, 6221 11th Avenue, stated that he wanted the opportunity to operate a consignment auction house. He stated that he would not handle firearms. He also wanted to temporarily rent a building on 77~ Street from the City to try operating a consignment auction house. Council Member Stokes stated that Mr. Zocher said he would hold one auction per week. She asked how many people would participate in each auction. Mr. Zocher responded it would be difficult to predict ahead of time. He said that he would adjust the auction house hours to use the lightest time of the day. Council Member Ludeman stated that the City does not own property on 77~ Street. Mr. Zocher clarified that he meant 77th Street. Mr. Ludeman stated he felt the Council needed time to consider this issue since it is an area we are not familiar with. Mr. Ludeman said if one auction house was allowed before the ordinance took effect, others would also have to be allowed. City Manager Prosser stated the City currently doesn't own commercial property on 77th Street and that it is owned by the State of Minnesota. Council Member Stokes asked that City staff let Mr. Zocher and anyone else interested know when this item will come before the Planning Commission. City Manager Prosser stated that this would be done. M/Ludeman, S/Bullock to close the public hearing. Motion carried 5-0. Council Meeting Minutes -6- November 23, 1992 M/Ludeman, S/Stokes that this constitute Second Reading of Bill No. 1992-12, Transitory Ordinance No. 17.45, Interim Ordinance for the purpose of protecting the Planning Process and the Health, Safety, and Welfare of City residents; and regulating and restricting the development of secondhand goods, pawnbroker, and similar uses within the City; and that it be published in the official newspaper and that it be made part of these minutes. Motion carried 5-O. Item #8 CONSIDERATION OF RESOLUTION AUTHORIZING ACQUISITION OF 6636 SHERIDAN AVENUE FOR REDEVELOPMENT AND CONTINUED SINGLE FAMILY RESIDENCE PURPOSES. C.L. NO. 267 City Manager Prosser reviewed Council Letter No. 267 regarding consideration of a resolution authorizing acquisition of 6636 Sheridan Avenue for redevelopment and continued single family residence purposes. Council Member Stokes questioned what would distinguish this action from neighbors wanting a similar acquisition of a substandard property in the future, such as the home previously discussed tonight. City Manager Prosser stated that the only consideration was the financial capability to do so. He stated that the home at 6636 Sheridan clearly fits within the Richfield Rediscovered Program. Council Member Sandahl stated that 6636 Sheridan Avenue fits within the program and that staff may consider the same action for the property previously discussed this evening if it fits the Richfield Rediscovered Program. Council Member Ludeman stated when there is no realtor involved, the sale price of the home should reflect a 6 or 7$ discount. City Manager Prosser stated the property owner will not make much profit from this property transaction. M/Ludeman, S/Bullock that the following resolution be adopted and spread in the resolution book and that it be made part of these minutes RESOLUTION NO. 7934 RESOLUTION AUTHORIZING PURCHASE OF REAL PROPERTY 6636 SHERIDAN AVENUE Council Meeting Minutes -7- November 23, 1992 Motion carried 4-l. (Stokes opposed) This resolution appears as Resolution No. 7934 in Resolution Book No. 61. Item #9 CONSIDERATION OF RESOLUTION AUTHORIZING ACQUISITION OF 6634 FOURTH AVENUE TO ALLOW HRA TO PROCEED WITH NEW CONSTRUCTION VO-TECH PROJECT; AND FIRST READING OF ORDINANCE AUTHORIZING SALE OF 6634 FOURTH AVENUE TO HRA. C.L. NO. 268 City Manager Prosser reviewed Council Letter No. 268 regarding authorization to acquire 6634 Fourth Avenue to allow the HRA to proceed with a new construction Vo-Tech project, and first reading of an ordinance authorizing sale of the property to the HRA. M/Sandahl, S/Bullock that the following resolution be adopted; that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 7935 THE CITY OF RICHFIELD CALLING FOR ACQUISITION AND A PUBLIC HEARING ON THE SALE OF CERTAIN LAND 6634 FOURTH AVENUE Motion carried 5-0. This resolution appears as Resolution No. 7935 in Resolution Book No. 61. M/Sandahl, S/Bullock that this constitute the First Reading of a transitory ordinance authorizing and providing for the sale of 6634 Fourth Avenue and that the Public Hearing and Second Reading of the ordinance be scheduled for the January 11, 1993 City Council meetin Motion carried 5-0. Item #10 CONSIDERATION OF SELECTION OF AUDITING FIRM FOR CITY AND HRA FINANCIAL STATEMENTS FOR FIVE YEAR PERIOD COMMENCING WITH 1992 FINANCIALS. C.L. NO. 269 City Manager Prosser reviewed Council Letter No. 269 regarding consideration of selection of auditing firm for City and HRA financial statements for a five year period commencing with the 1992 financial reports. Council Meeting Minutes -8- November 23, 1992 M/Bullock, S/Stokes to appoint the firm of Deloitte & Touche as the City's Auditor for the financial reporting of the fiscal wears 1992-96, and authorize the City Manager and Mayor to execute an agreement for such services. Motion carried 5-0. Item #1OA CONSIDERATION OF APPROVAL OF EXPENDITURE OF $123,848 FOR INSTALLATION OF UTILITIES UNDERGROUND FOR 77TH STREET RECONSTRUCTION PROJECT. C.L. N0.263 Council Member Ludeman stated he wanted some further explanation and discussion of why the particular recommendation was formulated. Community Services Director Fondrick stated that this is part of a pay-as-you-go approach to providing underground utilities, and the beginning of a layer process of underground utilities in the area. Conduit and pipes will be placed under the str sets at the inter Secti©ns to a,cc©~©date iZitfir e construction. Council Member Ludeman asked why the Nicollet to Chicago Avenues portion was not included in table 1 on page 5E-4 of the City Council Letter. City Manager Prosser stated that these costs are covered on page 5E-6. M/Ludeman, S/Stokes to apvrove expenditure of $123,848 for installation of utilities underground for 77th Street Reconstruction Project. Motion carried 5-0. Item #11 AIRPORT STATUS REPORT City Manager Prosser announced the next MAC meeting regarding airport noise issues is scheduled for Monday, November 30 at the Thunderbird Motel. He stated that the Mayor would be presenting Richfield's position, and summarized the mayor points of that position. Council Member Stokes asked if the presentation will include the information on engine runups. Council Meeting Minutes -9- November 23, 1992 City Manager Prosser stated that the run up information could be presented in either the oral presentation or in the written follow-up. Item #12 LEGISLATIVE REPORT City Manager Prosser stated that the City is preparing its legislative agenda. One concern Richfield shares with many other cities is that an attempt will be made again to eliminate Local Government Aid. He indicated that from Richfield's perspective there is a need far the State to address other areas of potential reductions. Council Member Sandahl described the general concept of the "Minnesota Miracle" from the late 1960's to raise income and sales tax in order to provide property tax relief. The State now is finding other uses for the sales and income tax revenue which is not in keeping with the original intent of the law. Item #13 COUNCIL DISCUSSION ITEMS Council Member Stokes read a Thanksgiving Proclamation to the DECA Club which will be presented to the DECA Club on Thanksgiving Day. Item #14 CLAIMS AND PAYROLLS M/Ludeman, S/Stokes that the following claims and payrolls be approved• RICHFIELD BANK & TRUST CO. Checks 16001-16154; 36338-36535 NORWEST BANK Check 1159-1160 FIRSTAR BANK Checks 7106-7132 Checks 61909-61946; 62954-63385 Motion carried 5-0. $2,048,176.16 S 13,000.00 $1,807,406.22 $ 358,854.34 Council Meeting Minutes 1~lDJOURNMENT -10- November 23, 1992 M/Ludeman, S/Bullock to adjourn the meeting. Motion carried 5-0. The meeting was adjourned at 8:30 p.m. Date Approved: 12/14/92 Steven L. Devich Acting City Clerk q ~~ Markin J. K r May r J me D. Prosser Ci Manager 1