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10-23-00 agenda• CITY OF RICHFIELD, MINNESOTA MONDAY, OCTOBER 23, 2000 RICHFIELD CITY HALL 6700 PORTLAND AVENUE REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS 7:00 P.M. AGENDA INTRODUCTORY PROCEEDINGS • Call to Order Pledge of Allegiance Roll Call Approval of minutes of (1) Special City Council Meeting of October 3, 2000; (2) Special City Council Meeting of October 4, 2000; (3) Special City Council Study Session of October 9, 2000; and (4) Regular City Council Meeting of October 9, 2000 PRESENTATIONS 1. Presentation of certificates to winners of third grade fire safety poster contest held in conjunction with National Fire Prevention Week and Richfield Fire Department's annual open house 2. Recognition of Richfield Fire Department 1999 Life Safety Achievement Award presented by Residential Fire Safety Institute and Minnesota State Fire Marshal Individuals who wish to address the Council are requested to print their name and address on the Speaker's Register for the record. 3. Opportunity for citizens to address the Council on items not on the agenda Notes: 0 0 AGENDA APPROVAL 4. Council approval of agenda CONSENT CALENDAR 5. 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.rs.c_ommended.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 designation of Council Member Russ Susag as City of Richfield official voting delegate and City Manager Samantha Orduno as alternate voting delegate for the National League of Cities annual Congress of Cities business meeting on December 9, 2000 S.R. No. 265 B. Consideration of approval ofextension of Contract No. A01384 with Hennepin County to allow continued access to property information system beginning January 1, 2001 and ending December 31, 2001 S.R. No. 266 C. Consideration of approval of just compensation for immovable fixtures at 6501 Cedar Avenue in amount of $18,520 S.R. No. 267 D. Consideration of approval of request from State of Minnesota to review renewal of currency exchange license for Checks Cashed of America, LLC, d/b/a Money Xchange, 7620 Lyndale Avenue S.R. No. 268 E. Consideration of approval of request from State of Minnesota to review renewal of currency exchange license for Community Money Centers, Inc., d/b/a Monday Centers, 6525 Nicollet Avenue S.R No. 269 Notes: PUBLIC HEARING 6. Public hearing regarding issuance of new on-sale intoxicating liquor and Sunday liquor licenses for Wiltshire Restaurants, LLC d/b/a Houlihan's Restaurant & Bar, 6601 Lyndale Avenue Notes: Staff Report No. 270 0 RESOLUTION 7. Consideration of resolution approving 2000 through 2002 labor agreement with Richfield International Union of Operating Engineers Local 49 Staff Report No: 271 Notes: PROPOSED ORDINANCE 8. Consideration of first reading of ordinance amendment rezoning property located between 76th Street and 1-494 and Penn and Knox Avenues to planned general commercial; Best Buy Campus project Staff Report No. 272 Notes: ADMINISTRATIVE REPORTS AND OTHER BUSINESS • 9. Consideration of new residential kennel license for 6837 Thomas Avenue; three dogs Notes: Staff Report No. 273 10. Consideration of commercial kennel license renewal for grooming only and consideration of amendment to license that would allow boarding of cats from Hennepin County Animal Humane Society at PetsMart, 1100 West 78th Street Staff Report No. 274 Notes: 11. Airport status report AIRPORT BUSINESS 9 Notes: • CORRESPONDENCE Notes: HRA BUSINESS 12. Housing and Redevelopment Authority report Notes: COUNCIL CHOICE 0 14. Claims and payrolls 13. Council discussion items Notes: 15. Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the Administrative Services Director at 612-861-9702. 9 • Admin. Reports & AGENDA SECTION: Other Busjoea AGENDA ITEM # 10 REPORT # 274 STAFF REPORT =Oda CITY COUNCIL MEETING OCTOBER 239 2000 • REPORT PREPARED BY: BETSY CmusTENSEN, ADMINISTRATIVE SUPPORT SERVICES DIVISION MANAGER NAME, TITLE REPORT PRESENTER: DAN SCOTT, DIRECTOR OF PUBLIC SAFETY NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: © ) SIGNATURE ,(7'? "" ---- ® l \? vl ITEM FOR COUNCIL CONSIDERATION: Consideration of a request for the renewal of a commercial kennel license, for the purpose of grooming; and consideration of a request for an amendment to the license that would include the boarding of cats from the Animal Humane Society, for PetsMart, 1100 W. 78th Street. 1. RECOMMENDED ACTION: By Motion: Consider and approve a request for the renewal of a commercial kennel license, for the purpose of grooming only; and, consider and approve or deny the request for an amendment to the license that would allow the boarding of cats from the Animal Humane Society, for PetsMart, 1100 W. 78th Street. III. BACKGROUND I On September 6, 2000, PetsMart submitted an application for the renewal of their commercial kennel license for the purpose of grooming. They are also requesting that their license be amended to include boarding of cats from the Hennepin County Humane Society. The specific details are as follows: • The proposed Luv-a-Pet area would be a separate glassed room of the store. It would contain one bank of six dog kennels and one bank of six cat kennels. 1009PETS • The kennels in the Luv-a-Pet area would be locked when animals are inside and no store personnel or Humane Society personnel are in the immediate area. • Only cats would be kept over night. • The average number of cats to be kept overnight would be four. • The Luv-a-Pet area would be used for the sole purpose of adopting out animals. There would be no boarding of customers' pets. • All cats left in the Luv-a-Pet area would be screened by the Humane Society. Additionally, any cat thought to be sick will be checked by a veterinarian and/or sent back to the Humane Society for treatment. • The Luv-a-Pet area is a donated space to the Humane Society. PetsMart collects no fee from the Humane Society. • Trained PetsMart associates and Humane Society volunteers would be responsible for maintaining the Luv-a-Pet area daily. Currently there are ten PetsMart stores in the Minneapolis/St. Paul area. All but Richfield have cats available for adoption seven days a week. The other nine stores in the area have been very successful in finding homes for animals that otherwise may have been destroyed. 10 The City has previously issued a commercial kennel license to PetsMart, for the purpose of grooming only. In June 1996, when the veterinary clinic license was granted for PetsMart, Inc. and A Caring Doctor (Minnesota), P.A., one of the conditions imposed on the granting of the commercial kennel and veterinary license was that it should not be a boarding facility for animals. Although this application is not specifically for A Caring Doctor (Minnesota), P.A., staff wanted to remind Council of the previous similar request. The information regarding the previous request for a boarding facility is attached. Staff received one complaint since the license was granted regarding Animal Humane Society animals being kept at the store overnight. This involved an animal biting one of the employees. Staff advised PetsMart that the conditions of their license prohibited any overnight boarding and advised them to discontinue all overnight boarding, at which time they did. In May 1997, staff received a request by the Animal Humane Society to reconsider the "non-boarding" agreement and its original intent and allow PetsMart to house Animal Humane Society cats overnight. It is staffs recollection that the City decided to take no action at that time and did not formally respond to the Humane Society's request. I III. BASIS OF RECOMMENDATION A. POLICY • The applicant has complied with all of the City codes pertaining to a commercial kennel license. B. CRITICAL ISSUES • Staff is proposing approval of the request for the renewal of a commercial kennel license, for the purpose of grooming only. Staff is not, however, making a specific recommendation to either approve or deny the request for an amendment to the license to include the boarding of cats by the Animal Humane Society. C. FINANCIAL N/A D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S) . None V. ATTACHMENTS • Copy of Council Letter No. 113 dated April 8, 1996 • Copy of Council Meeting Minutes dated June 24, 1996 • Copy of Council Memorandum dated July 28, 1997 VI. PRINCIPAL PARTIES EXPECTED AT MEETING PetsMart Staff 0 1Lf CITY OF RICHFIELD, MINNESOTA Council Letter No. 112 Agenda April 8, 1996 Issue Statement: Request for an amended planned unit development/final development plan and conditional use permit to allow the addition of a veterinary clinic as an allowable use in Phase I of the Shops at Lyndale. Background: Petsmart is requesting City approval to operate a veterinary clinic in Phase I of the Shops at Lyndale planned unit development. The vet clinic would encompass approximately 1,800 square feet in the southeast portion of the retail store. Customers would access the clinic through the retail store or through a separate entrance which is located just east of the main entrance. The vet clinic would be operated by an independent company that would lease the clinic space from Petsmart. The conditional use permit for Phase I of the Shops at Lyndale, as amended on December 12, 1994, is for retail uses only. A veterinary clinic is a service business. An amendment is required to incorporate the use into the PUD plan. Regulations for the C-2 district serve as a guide for the PC-2 district (planned general commercial). Veterinary clinics are a permitted use in the C-2 district. A substantive, reasonable land use basis is required to deny the presence of a vet clinic in a PC-2 district. Council Members have expressed concern with the presence of veterinary clinics in shopping centers. Several factors mitigate the potential threat the presence of animals may pose to the public health, safety and welfare: • Animals are currently allowed in the retail portion of the store, regardless of the presence of the vet clinic. The clinic will not bring a significant number of additional animals to the shopping center. • The City has laws governing the handling of animals in public places to protect the public health, safety, and welfare. • Petsmart employees are required to follow procedures related to cleanliness as well as safety. The store has several safety measures in place in the event an animal acts in a dangerous manner. • The presence of a separate entrance into the vet clinic minimizes the potential risk of exposing sick animals to the people and animals in the retail store. • The Planning Commission recommends adding several stipulations related to cleanliness and animal safety to approval of the amended planned unit development. • One veterinary clinic currently operates in a retail center (although the center is smaller than Shops at Lyndale). There have been no reported problems with this clinic. Iq -1 Recommended Motion: Approve the amended planned unit development/final development plan and conditional use permit for the Shops at Lyndale with the following stipulations: 1. That all animals be leashed. 2. That the walkways and parking lot be kept free of animal waste. 3. That pets not be exercised outside of the building. 4. That parking needs be assessed one year following approval of the amendment and that appropriate parking be provided if there is a need for spaces designated for dropping off pets. tic otBecomM&ndat:i9A: 1. Veterinary clinics are permitted uses in the C-2 district, which serves as a guide to allowable uses in the PC-2 district. 2. The Planning Commission and staff have found no substantive, reasonable land use basis for denying the amendment. 3. The existing shopping center provides adequate parking, parking circulation, and landscaping to accommodate the addition of a vet clinic. 4. Existing laws and measures taken by Petsmart minimize the potential threat posed by the presence of animals to the public health, safety and welfare. 5. On March 26, 1996, the Planning Commission voted 7-1 to recommend approval of the proposal. Alternative Recommendatiort: Deny the request with a finding that the proposal would have an adverse impact on adjacent properties or the City as a whole. Discussion/Decision Mode: A public hearing is scheduled for 7:00 p.m. on Monday, April 8, 1996. The hearing will beheld in the City Council Chambers of Richfield City Hall, 6700 Portland Avenue. Notice of the hearing was published in the Sun-Current and mailed to property owners within 350 feet of the subject property. Respectf ly submitted, James . Prosser City Manager JDP:ds CITY OF RICHFIELD, MINNESOTA Council Letter No. 113 Agenda April 8, 1996 JMe Statement• Consideration of resolution regarding the findings of fact in support of denial of the kennel license for Vetsmart. Background: The City Council has previously received a request for issuance of a kennel license for Vetsmart to operate a veterinary clinic at 1100 West 78th Street. On March 25 the request to issue a kennel license was brought before the City Council. The City Council did not authorize the kennel license. Becommended Motion: The City Council should consider approval of the resolution stating the findings of fact relating to the kennel license. The findings will be made available at the April 8 Council meeting. Rails ofBecommendation: The Council has determined that the proposed operation of the veterinary clinic did not conform with the approved final planned unit development/final development plan and conditional use permit for Phase I Shops at Lyndale. Alternative Recommendatj_Qn: The Council may decide to amend the findings of fact. Discussion/Decision Mode: This matter will be presented for City Council consideration at the meeting of April 8. Respectfully submitted, Jame Y Prosser City Manager JDP:ds 10 Council Meeting Minutes -20- June 24, 1996 signs required by this paragraph shall also advise customers of the need to remove feces deposited on the property by their animal. The signs to be posted in the parking lot are subject to the consent of the owner of the shopping center. 5. PETsMART, Inc., and A Caring Doctor (Minnesota), P.A., must file with the Public Safety Director for approval a written plan showing the procedures they will use for removing waste from the parking areas and PETsMART, Inc., and A Caring Doctor (Minnesota) P.A., must comply with such procedures. At a minimum, the exterior of the building and the parking lot near the building must be checked twice a day for the removal of any animal feces that may occur as a result of patrons bringing their animals with them to the store or the veterinary clinic. All feces must be cleaned up and immediately disposed of properly. 6. Any incidents of animals biting persons must be immediately reported to the City's Director of Public Safety. 7. PETsMART, Inc., and A Caring Doctor (Minnesota), P.A., must comply with all applicable state laws, regulations and City Ordinances. Motion carried 4-1. (Rosenberg opposed) Item #17 CONSIDERATION OF APPLICATION FOR NEW COMMERCIAL KENNEL LICENSE FOR A CARING DOCTOR (MINNESOTA)"P.A. D.B.A. VETSMART PET HOSPITAL AND HEALTH CENTER, 1100 WEST 78TH STREET (ACTION TABLED APRIL 8, 1996). C.L. NO. 215 City Manager Prosser reviewed Council Letter No. 215 regarding the application of A Caring Doctor (Minnesota) P.A. d.b.a. Vetsmart Pet Hospital and Health Center, 1100 West 78th Street, for a commercial kennel license to operate a veterinary clinic out of leased space from Petsmart store. Pierre (Pete) N. Regnier, Jardine, Logan & O'Brien, attorney representing the City of Richfield in the matter of Petsmart, Inc. and a Caring Doctor (Minnesota) P.A. versus City of Richfield, stated that Mr. Beck, the attorney for Petsmart, has agreed to dismiss the court actions regarding this matter if the City grants the amended planned unit development/final development plan and conditional use permit, and the commercial kennel license for the veterinary clinic. He stated that the seven conditions would apply to the granting of the license. Peter Beck, Doherty, Rumble, & Butler, P.A., stated that under the conditions the court actions would be dismissed as Mr. Regnier indicated as soon as the building permit and any other necessary approvals were granted. M/Sandahl, S/Priebe to aaDrove arantinq a commercial kennel license to A Carinq Doctor (Minnesota) P.A. d.b.a. Vetsmart Pet Hospital and Health Center. 1100 West 78th Street. subiect to the followina conditions: Council Meeting Minutes -21- June 24, 1996 CONDITIONS IMPOSED ON THE GRANTING OF THE COMMERCIAL KENNEL VETERINARY CLINIC LICENSE ISSUED TO A CARING DOCTOR (MINNESOTA). P.A.. WHICH ARE ALSO CONDITIONS THAT PETSMART. INC.. WOULD AGREE TO COMPLY WITH AS PART OF THE AMENDMENT TO THE CUP AND FINAL DEVELOPMENT PLAN TO ALLOW A VETERINARY CLINIC 1. All animals in the store and the veterinary clinic must be controlled by a leash not exceeding six feet (6') in length or in a carrier of adequate size and strength to be reasonably able to control the animal. 2. A Caring Doctor (Minnesota), P.A., shall not be a boarding facility for animals. If animals that are being cared for at the veterinary clinic need to be taken for a walk to determine their condition or their response to surgery, then the animal will be taken outside on a leash and walked in an area that is not included in the front parking lot. 3. PETsMART, Inc., and A Caring Doctor (Minnesota), P.A. agree at their own expense to continuously carry public liability insurance in amounts of a least Five Hundred Thousand and no/100 Dollars ($500,000.00) for injury or death to one person and One Million and no/100 Dollars ($1,000,000.00) for injury or death to more than one person in one occurrence so as to ensure PETsMART, Inc., and A Caring Doctor (Minnesota), P.A., against all claims and causes of action arising out of injury to any person or • persons while on the premises within the possession of and under the operation of PETsMART, Inc., and A Caring Doctor (Minnesota), P.A. PETsMART, Inc., and A Caring Doctor (Minnesota), P.A., agree to provide the City of Richfield with Certificates of Insurance evidencing such coverage and for each renewal of the license thereof 4. PETsMART, Inc., and A Caring Doctor (Minnesota), P.A., shall post appropriate signs at the entrance to the PETsMART, Inc., store and at the entrance to the veterinary clinic and at two (2) locations in the parking lot servicing such store and veterinary clinic advising the customers and patrons of the need to restrain their animals in the manner as set forth in paragraph 1 above. The signs to be posted in the parking lot shall be at locations to be recommended by the City's Director of Public Safety. The signs required by this paragraph shall also advise customers of the need to remove feces deposited on the property by their animal. The signs to be posted in the parking lot are subject to the consent of the owner of the shopping center. 5. PETsMART, Inc., and A Caring Doctor (Minnesota), P.A., must file with the Public Safety Director for approval a written plan showing the procedures they will use for removing waste from the parking areas and PETsMART, Inc., and A Caring Doctor (Minnesota) P.A., must comply with such procedures. At a minimum, the exterior of the building and the parking lot near the building must be checked twice a day for the e.. removal of any animal feces that may occur as a result of patrons bringing their animals with them to the store or the veterinary clinic. All feces must be cleaned up and immediately disposed of properly. 6. Any incidents of animals biting persons must be immediately reported to the City's Director of Public Safety. 7. PETsMART, Inc., and A Caring Doctor (Minnesota), P.A., must comply with all applicable state laws, regulations and City Ordinances. Council Meeting Minutes -22- June 24, 1996 . Motion carved 4-1. (Rosenberg oppose- Item",,#18 CONSIDERATION OF AWARD OF CON/UCTION OR CONSTRUCTION OF ADDITIONAL LOCKER ROOMS AT ICE ARENA TO UNITED CONTRACTING FOR"GENERAIN AMOUNT OF $211,200; LBP MECHANICAL, INC., HANICAL ONSTRUCTION IN AMOUNTOF $56,6DUSTRIAL ELECTRIC CMPANY FOR ELECTRICAL CONST AMOUNT OF $16,300. C.L. 0. 216 City Manager P sser reviewed Council tter No. 216 regarding the award of contracts for general Co truction, mechanical onstruction, and electrical construction for the Richfield Ice Arena loc er room addition roject. M/Sandahl, S/Rosenbe to award a followina contracts for the construction of additional locker rooms at the R hfield Ice Arena: • United Contracting, 2817 Ant ny Lane South, Suite 304, Minneapolis, MN 55418; $211,200 for general constru n, including the accessibility corridor. • • LBP Mechanical Inc., 315 oyalst Avenue North, Minneapolis, MN 55405; $56,600 for the mechani I construc 'on. • Industrial Electric Co any, 600 South inth Street, Minneapolis, MN 55404; $16,300 for the elect cal construction. Motion carried 5--001 I Item #19 PRESENTATION OF CITY OF RICHFIELD OMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FISCAL YEAR E ED DECEMBER 31, 1995. C.L.,'NO. 217 J City Ma ager Prosser reviewed Council Letter No. 217 re rding the presentation of the City of , ichfield Comprehensive Annual Financial Report fo he fiscal year ended December 3f, 1995 to the City Council M/S ' ndahl, S/Kirsch to accept the Citv of Richfield Comprehens a Annual Financial WeDort for the fiscal vear ended December 31. 1995. IVf tion carried 5-0. v. July 28, 1997 CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Memorandum No. The Honorable Mayor and Members of the City Council Subject: Animal Humane Society Request Council Members: In June of 1996, when the veterinary clinic license was granted for PETsMART, Inc. and A Caring Doctor (Minnesota), P.A., one of the conditions imposed on the granting of that license was that?t should not be a boarding facility for animals. Staff had received one complaint since the license was granted regarding Animal Humane • animals being kept at the store overnight. Staff contacted the store manager and was told that these animals were present in the store for the purpose of adopting them out to shoppers through an arrangement with the Animal Humane Society. Staff advised them that the conditions-of their license prohibited any overnight boarding and advised them to discontinue all overnight boarding. They agreed to do so. In May of 1997, staff received a letter from Alan Stensrud, Executive Director, for the Animal Humane Society requesting that this prohibition be reconsidered. Mr. Stensrud explains that it has a cooperative arrangement with PETsMART to offer healthy, adoptable animals through their Luv-A-Pet adoption program which currently operates in four PETsMART stores, with a fifth store opening in May. In 1996, 307 of the Humane Society's 771 adoptions (40%) were made through the Richfield PETsMART store alone. This averaged out to about 8 adult cats each week. Mr. Stensrud explains that this number far exceeded any of the other three PETsMART locations. He further explains that to assist humane societies that are often short-staffed and financially burdened, PETsMART implemented the 5-day Cat Adoption Program. This programs allows adult cats to be housed in each PETsMART store with all adoptions handled by PETsMART employees. This allows the Animal Humane Society to increase its adoptions without having to incur the expense of additional personnel and transportation. PETsMART receives no monetary reimbursement for their role in the program and all adoption fees go directly to the Animal Humane Society. PETsMART r n r staff has been trained to handle each adoption, clean the cages and properly care for each animal during its stay at the store. The Humane Society closely monitors the animals and their conditions and has an excellent working relationship with all store directors. Mr. Stensrud explains that the City of Richfield's decision to enforce the "non-boarding" portion of the license agreement signed by PETsMART has made it financially impossible for the Animal Humane Society to continue offering adult cats for adoption at the Richfield location. Animals are now only available for adoption on Saturday and Sunday when Society staff are able to transport and staff the Luv-A-Pet areas. As a result of these changes, the Society has adopted only 223 animals through the PETsMART stores since the beginning of this year. Only 50 or 22% of these have been done through the Richfield location. This amounts to an average of only 4 animals per week, which is a 50% reduction as compared to 1996 figures. Mr. Stensrud understands the contractual agreement between A .Caring Doctor (Minnesota), P.A. and the City of Richfield in regards to the operation of a commercial kennel/veterinary clinic but doesn't believe that the original intent of this "non-boarding" agreement should be broadened to pertain to the Luv-A-Pet and Cat Adoption programs. Mr. Stensrud, on behalf of the Animal Humane Society, is therefore requesting that the City of Richfield review the "non-boarding" agreement and its original intent and allow PETsMART, as part of its Cat Adoption Program, to continue to house Animal Humane Society cats overnight. Councilmembers with questions or concerns are encouraged to contact me directly for additional information. Respectfully submitted, James D. Prosser City Manager JDP:bac 0 • Admin. Reports & AGENDA SECTION: Other Business AGENDA ITEM # g REPORT # 273 STAFF REPORT =0990 . CITY COUNCIL MEETING OCTOBER 239 2000 REPORT PREPARED BY: BETSY CHRISTENSEN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE REPORT PRESENTER: DAN SCOTT, DIRECTOR OF PUBLIC SAFETY NAME, TITLE 0 DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ® 1 SIGNATURE ITEM FOR COUNCIL CONSIDERATION: Consideration of a request for a new residential kennel license for Brenda Carlson, 6837 Thomas Avenue South. I. RECOMMENDED ACTION: By Motion: Approve or deny the request for a new residential kennel license for Brenda Carlson, 6837 Thomas Avenue South. III. BACKGROUND On September 13, 2000, Brenda Carlson submitted an application for a new residential kennel license. She owns three dogs. Ms. Carlson's application contains the signatures of two contiguous property owners. One property owner did not sign the application. Staff received one phone call from a neighbor, 6840 Sheridan, who was in opposition to the approval of the requested license. The concern was regarding excessive barking. This neighbor also indicated that if a privacy fence were constructed, it might alleviate some of the disturbance caused by the barking. There have been no Public Safety calls or Environmental Health complaints for this address. 1023CarlsonKennel A Community Service Officer conducted an inspection of the property on October 9, 2000. There were no apparent problems found at that time. 1111. BASIS OF RECOMMENDATION A. POLICY • The City has adopted a policy that staff notifies neighbors surrounding the area of the residential kennel license. Staff received one phone call regarding this application. The concern included barking. B. CRITICAL ISSUES I • Staff is not making a specific recommendation to either approve or deny the request for a residential kennel license. C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S) • None V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING Brenda Carlson 0 • AGENDA SECTION: ProD. Ordinance AGENDA ITEM # g REPORT # 272 J STAFF REPORT CITY COUNCIL MEETING 0 OCTOBER 239 2000 JULIE URBAN, REPORT PREPARED BY: PLANNING & ZONING ADMINISTRATOR Nang, T/TLE BRUCE PALMBORG, REPORT PRESENTER: COMMUNITY DEVELOPMENT DIRECTOR NAME, DTI DEPARTMENT DIRECTOR REVIEW REVIEWED BY CITY MANAGER: 0? E ITEM FOR COUNCIL CONSIDERATION: First reading of an ordinance amendment rezoning property located between 76th Street and 1- 494 and Penn and Knox Avenues to Planned General Commercial (PC-2), Best Buy Campus project. 1. RECOMMENDED ACTION: By Motion: Conduct first reading of an ordinance amendment rezoning property located between 76th Street and 1-494 and Penn and Knox Avenues from R (single family residential), MR-1 (two family residence), MR-2 (medium density multi-family residence), and C-2 (general commercial) to PC-2 and set second reading and public hearing for November 27, 2000. II. BACKGROUND I Best Buy Corporation is proposing to construct a corporate campus, including four buildings with 1.5 million square feet of office space and parking for 7,500 -1 cars, in the Interchange West area (76th Street to 1-494 and Knox to Penn Avenues). The site is currently developed with a mixture of 68 single family and duplex properties, three apartment complexes (89 units), 12 small businesses and the Walser and McCarthy car dealerships. The 42-acre site is covered by a variety of zoning districts including R (single family residential), MR-1 (two-family residence), MR-2 (medium density multiple family residence), and C-2 (general commercial). The four buildings would be six and eight stories tall, with approximately 300,000 and 400,000 square feet in each building. They would be connected with a one- level (30 feet tall) commons area where functions such as a cafeteria and convenience store would be located. Some basement space (up to 90,000 square feet) may also be constructed to provide a service corridor underneath the buildings, storage space, a store mock-up area, and other similar functions. A majority of the parking (6,700 stalls) would be provided in a five-level parking ramp located in the northeast portion of the site. Several transportation improvements are necessary to accommodate traffic from the development. A new Penn Avenue bridge is proposed at 1-494. Penn Avenue, from 1-494 to 76th Street, will be reconstructed. The intersection at Penn Avenue and 76th Street will be reconstructed with dual left turn lanes and right turn lanes in all directions. 76th Street, from Penn Avenue to the 35W entrance ramp will also be reconstructed. These improvements will be in place by November, 2002. A planned unit development plan, final development plan, and conditional use permit will be presented to the City Council on November 27, 2000. Final action on the items will not take place until December 11, 2000 when the Environmental Impact Statement will also be before the Council. I III. BASIS OF RECOMMENDATION A. POLICY I • The Metropolitan Council approved an amendment to the City's Comprehensive Plan on September 27. The amendment re-guided 10 acres of the project area from high density single family residential and neighborhood commercial to regional commercial/office. • The City's Comprehensive Plan (Plan) encourages high density development along the 1-494 corridor. The Plan also encourages improvements at the gateways to the community. The proposed redevelopment of the Interchange West area is consistent with • these goals. • The proposed redevelopment removes 167 housing units. A portion of the project's tax increment (approximately $7 million total in present value) will be dedicated to a housing fund. Those funds will be used to increase and improve the City's housing stock. B. CRITICAL ISSUES • The project requires that an Environmental Impact Statement (EIS) be prepared. The EIS process will be completed before a final decision on the planned unit development plan and rezoning can be made. C. FINANCIAL I • The Housing and Redevelopment Authority has signed a contract for private redevelopment with Best Buy that details the financial aspects of the development. D. LEGAL I • The Planning Commission reviewed the rezoning on September, 26, 2000 and voted unanimously to recommend approval of the rezoning. • Second reading would be scheduled for November 27, 2000. A final decision would not be made until December 11 when the EIS process is completed. IV. ALTERNATIVE RECOMMENDATION(S) • Deny the planned unit development plan and rezoning with a finding that the proposed project would have a negative impact on surrounding properties or the City as a whole. V. ATTACHMENTS • Ordinance • Attachment A: Existing and Proposed Zoning • Attachment B: Site Plan VI. PRINCIPAL PARTIES EXPECTED AT MEETING A representative from Opus Corporation will be available to answer questions. 0 0 . BILL NO. AMENDMENT TO SECTION APPENDIX 1 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: Appendix 1 of the zoning ordinance code of the City of Richfield entitled "Richfield Zoning Code: Boundaries of Zoning Districts" is hereby amended: A. Section 7, Paragraph (10) is amended to read as follows: (10) M-14 (Southeast of 76th and Penn) That area bounded by the centerline of Penn Avenue on the west: the south border line of Section 33. Township 28. Ranae 24. Hennepin Countv. Minnesota on the south: the centerline of Knox Avenue on the east: and the centerline of 76th Street on the north. B. Section 3, Paragraph (7) is amended to read as follows: /7\ All 44 That area Minn hetweeR the nenteF lined of 77th anrd 78th Street aRd between the neater lined of KRex aR d Penn Ayen,,es C. Section 3, Paragraph (29) is amended to read as follows: (29) M 14 (NVV .+.• FReF 7r Knox) That a rea hying withiR the fellewinn . We 9f 77th Str begaRRiRg. eet theRee wec.t along the neuter line of 7 , 7th Street to the point of D. Section 3, Paragraph (60) is amended to read as follows: (60) M 44 (NE'.nrper 77th aR d L=vcrureean) That part purc of the north half of rTrr?uc-- , E. Section 12, Paragraph (23) is amended to read as follows: (23) IAA 4 ^ (SE GeFReF. 76th and l_e aR) The north 4 93 feet of the west , ' 2--. F. Section 11, Paragraph (7) is amended to read as follows: M 14 (NVV . i and MoFqan) Lots 8 and F BloGk 1, Robe Weber'c F=iF6t Addition, and Lets - and 9, Blorak 1, jURgell and t Addition. G. Section 11, Paragraph (8) is amended to read as follows: /&1, tlll •1?1 lFE sidle- of Il4emar? N of 77fh1 -1--t tea {$- : , Sk?G? 2, Ju johnseR's H. Section 11, Paragraph (10) is amended to read as follows: AdditieR aRd the south 61 feet of the north 186.31 feet of the east V8 of the sauthwes V4 of the southwest IM of Seration F Township F Rangs, 2 ? , „"G pt street. (Amended, Bill No. 1993 1-4) 1. This amendment constitutes a rezoning of the following property: R to PC-2: 7601-7649 Penn Avenue South, 7600-7644 Oliver Avenue South, 7601-7645 Oliver Avenue South, 7600-7644 Newton Avenue South, 7601-7633 Newton Avenue South, 7600-7634 Morgan Avenue South, 7601-7629 Morgan Avenue South, 7645-7647 Morgan Avenue South, 1915 West 76th Street, 7615 Logan Avenue South MR-1 to PC-2: 7639-7645 Newton Avenue South, 7638-7644 Morgan Avenue South, 7639-7641 Morgan Avenue South, 7608-7646 Logan Avenue South MR-2 to PC-2: 7601 Logan Avenue South C-2 to PC-2: 7745 Penn Avenue South, 2015-2121 West 77th Street, 1920-2100 West 78th Street, 7701- 7725 Morgan Avenue South, 7700-7708 Logan Avenue South, 7701 Logan Avenue South, 7600-7700 Knox Avenue South J. This ordinance shall become effective on such date as all subject parcels are held in common ownership by Best Buy Corporation or 30 days following publication or when the environmental impact process has been favorably completed, whichever is later. Passed by the City Council of the City of Richfield, Minnesota this day of , 2000. ATTEST: Martin J. Kirsch, Mayor Deborah J. Guiher, Deputy City Clerk J Attachment A F)dsting Zoning STPATE HWy tip 494 Proposed Zoning IN 7ATE WV NO 494 10 200 0 200 Feet I I i i i I ? I Ir? l i ? i I z z n 0 8 I I i I ??,?' I STI i W F; ICI I`I I a -' 771H ST w .. IMEN nau (76111 ST w) Zoning INTERSTATE HWY NO 494 M I SOU6 TOM M ® C-2 R \ MR-1 U021 Industrial General Commercial Single Family Residential Two Family Residential 12221 - Mufti Red De z as-92 . nsity 6 w ® MR-3 Muni Res. - High Density I I I i i Fz;:; PC-2 Planned Gen. ComWI. SMENNEW ? 1---Ld 1 1 1 . moo m w ..- w w O O ?. z _ 77TH' ST w a - c (18TH ST W) INTERSTATE Hw NO 494 N October 13, 2000 ? ? ? IIIIIIIIIIIIIIIIi ' ?¦; Y p ?llP in - - - - - - - C , 1it?Ill ?? : : 1 ? a - s S O t; i INN -AF, 17? - i ? igQ ? I ? I I !6 ????',X 1 ? I? ® I ? aT A? a I ?'-- 71 t??aae E ?;r f a `' ? . a 3 ! a" a? s I \ ? 7 I.?? i t 8 I i I: --- -- ----- ------- { LEI Y KNOX AVE 8 ' . __?Tlill`i!?IIIIIIIIU 61II ? ?? F, ? A ? . i ?. 1 a f t ? ff f t[ .?, t ? t r?l ° ` ? ? off r ?. Gal ?°a. ??? • - J Z AGENDA SECTION: Resolution AGENDA ITEM # 7 REPORT # 271 STAFF REPORT CITY COUNCIL MEETING OCTOBER 23, 2000 DAWN WEITZEL, REPORT PREPARED BY: HUMAN RESOURCES MANAGER NAME TITLE STEVEN L. DEVICH, REPORT PRESENTER: ADMINISTRATIVE SERVICES DIRECTOR n NAME TITLE DEPARTMENT DIRECTOR REVIEW: SIGNATURE t REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution approving the 2000 - 2002 labor agreement with the Richfield International Union of Operating Engineers Local 49. I. RECOMMENDED ACTION: By Motion: Adopt the resolution approving the provisions of the labor agreement for the years 2000, 2001 and 2002 with the Richfield International Union of Operating Engineers Local 49. II. BACKGROUND City staff has completed labor negotiations with the Richfield International Union of Operating Engineers Local 49 for the years 2000, 2001 and 2002 subject to Council approval Local 49 represents the following job classifications: Public Works Worker, Maintenance Services Worker, Meter Repair and Record Control Worker, Automotive Mechanic, Water Plant Mechanic and Water Plant Operator. There are 38 employees represented in the unit. The tentatively approved settlement includes the following changes: 0 1. Wages A 3% across-the-board increase effective January 2, 2000. A change in the progression through steps (shortened wages steps): Step 1 $14.45 Step II $15.17 Step 111 $16.07 Step IV $16.95 Step V $17.85 2. Health Insurance The City will continue to pay for high option health coverage for employees with single coverage, and a $20 increase from $415 per month to $435 per month for dependent coverage for 2000; $455 per month per employee for dependent health insurance coverage for calendar year 2001; and, $475 per month per employee for dependent health insurance coverage for calendar year 2002. An increase in the single rate monthly dental coverage to $25 in 2001 and $26 in 2002. 3. Personal Leave An increase of personal leave with pay to a rate of 2.31 hours biweekly and maximum accrual to 192 hours. 4. Vacation Option for employees to sell back twenty-four hours of vacation time to the City Vacation leave can be used after the completion of 6 months of employment. 5. Compensatory Time An increase of the maximum compensatory time accumulation to 96 hours. 6. Work Schedules At the time of Water Plant operational changes, operators will be paid overtime for all hours worked on scheduled holidays, in lieu of the six additional days off previously built into the schedule. 7. Working Out of Classification Employees operating the Jetter and equipment requiring a CDL A will be paid the Community Services Worker III rate of pay for those hours assigned to operate or prepare for seasonal storage of the unit. Those employees assigned to perform the following duties will be paid an additional $1.15 per hour when worked: ? Lights and Signs Specialist ? Gopher State Locate Specialist ? Street Repair Specialist ? Ball Field Maintenance Specialist ? Turf Maintenance Specialist i ? Sweeping Specialist ? Tree Work Specialist ? Sewer Root Control Specialist ? CDL Inspection Specialist 8. Education/Training Incentives For employees who receive licensure/certification in the following areas, additional pay will be received. ? Public Works Certificate - $.75/hr ? Class C Water - $.20/hr ? Class B Water - $.50/hr ? Class C Wastewater - $.20/hr ? Class B Wastewater - $.50/hr ? Boiler License, 1 C Engineer - $.50/hr ? Successfully passing 8 tests in the Medium/Heavy Truck and Automobile Test Series - $.50/hr Employees will not be able to pyramid payments in excess of $1.15 per hour 9. Duration Three year contract. • III. BASIS OF RECOMMENDATION A. POLICY The City has met and negotiated with the Union and is bound under the Public Employers' Labor Relations Act to meet and bargain over the terms and conditions of employment. The 2000 -2002 proposed settlement is similar to other City employee groups and is well within the range for police supervisor bargaining groups in similar cities. I B. CRITICAL ISSUES In order to allow the City's accounting personnel to modify payroll records in a timely manner for 2000 wages and benefits, it is recommended that the City Council act on October 23, 2000 to adopt the attached resolution providing for contract changes, effective January 1, 2000. C. FINANCIAL • 3% wage increase and shortened wage steps • increases in health insurance contribution and personal leave time • clothing allowance increase • additional equipment/positions added to the list of employees receiving working out of classification pay • Licensure/Certification pay for those employees who obtain specific licenses (pilot program) D. LEGAL I • If the terms of this agreement are not approved, further negotiation will need to take place and/or mediation. IV. ALTERNATIVE RECOMMENDATION(S) • Do not approve the terms of this agreement. • Defer discussion to another date. V. ATTACHMENTS • Resolution. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. is 0 RESOLUTION NO. RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND RICHFIELD INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 49 WHEREAS, the City Manager and the Richfield Public Works employees (Community Services Workers, Automotive Mechanic Assistants, Meter Repair and Record Control Workers, Automotive Mechanics, Community Services Worker III, Water Plant Mechanic, and Water Plant Operators) Local 49 have reached an understanding concerning conditions of employment for the year 2000 through 2002; and WHEREAS, it would be inappropriate to penalize the Richfield International Union. of Operating Engineers Local 49 members who have negotiated in good faith; and WHEREAS, the Human Resources.Ordinance requires that contracts between the City and the exclusive representative of the employees in an appropriate bargaining unit shall be completed by Council resolution. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the Labor Agreement between the City of Richfield and the Richfield International Union of Operating Engineers Local 49 Bargaining Unit for the years 2000 through 2002, under the provisions of the Labor Agreement to be implemented, effective January 1, 2000. Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of October 2000. Martin J. Kirsch, Mayor ATTEST: Deborah J. Guiher, Deputy City Clerk 0 • AGENDA SECTION: Public Hearing AGENDA ITEM # 6 REPORT # 270 J REPORT PREPARED BY: NAME, TITLE REPORT PRESENTER: STAFF REPORT CITY COUNCIL MEETING OCTOBER 239 2000 NAME, TITLE • DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: BETSY CHRISTENSEN, ADMINISTRATIVE SUPPORT SERVICES MANAGER DAN SCOTT, DIRECTOR OF PUBLIC SAFETY 11401 SIGNATURE y _??.i2?Cl_ ( 1 ITEM FOR COUNCIL CONSIDERATION: Public hearing for consideration of a request for new on-sale intoxicating liquor and Sunday liquor licenses for Wiltshire Restaurants, LLC d/b/a Houlihan's Restaurant & Bar, 6601 Lyndale Avenue South. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the issuance of new on-sale intoxicating liquor and Sunday liquor licenses for Wiltshire Restaurants, LLC d/b/a Houlihan's Restaurant & Bar, 6601 Lyndale Avenue South. III. BACKGROUND On May 22, 2000, the City received the new application and other required documents for new on-sale intoxicating liquor and Sunday liquor licenses for Wiltshire Restaurants, LLC d/b/a Houlihan's Restaurant & Bar. The applicant has paid the required fees. The Public Safety background investigation has been completed and reveals the following: 1023HOULIHAN'S Wiltshire Restaurants, LLC, d/b/a Houlihan's Restaurant & Bar, has made application for new on-sale liquor and Sunday liquor licenses. Wiltshire Restaurants is a limited liability company doing business as Houlihan's Restaurant & Bar. Lucius Fowler is the President of the organization and Gregory Kirkpatrick serves as the Secretary and Treasurer. The on-premises manager is Stephen Kneeland. None of these individuals has any known criminal record. A current list of officers is attached. To better understand the corporate structure, Public Safety staff spoke with Gregory Kirkpatrick, the CFO of Northcott Company. The Northcott Company is a corporation owned by two trusts (Ash Creek, LLC and Pipestone, LLC). These two trusts own Wheatstone Restaurant Group, LLC, which is the company that owns and operates the Houlihan's Restaurant & Bar in the cities of Eagan and Chanhassen, and the one that will be opening in Maple Grove later this year. The Houlihan's Restaurant & Bar in each of these three cities is in a building owned by Wheatstone Restaurant Group. The Houlihan's Restaurant & Bar that is opening in Richfield will be a leased area of the building. Since this restaurant is different in that respect, a corporate decision was made to have this restaurant owned by a different company. As a result of that decision, the company Wiltshire Restaurants, LLC d/b/a Houlihan's Restaurant & Bar, was established. Public Safety staff made contact with the cities of Chanhassen and Eagan to request a printout of the calls for service to the Houlihan's Restaurant & Bar in their city. After review of the calls for service, it has been determined that there have been no significant problems found with the operation of either of these two restaurants. The property being leased by Houlihan's Restaurant & Bar is owned by Richfield State Agency, Inc. The lease between the applicant and the landlord is in effect with all payments current. The $10,000 bond issued by Travelers Casualty and Surety Company of America has been submitted. The required proof of liquor liability insurance coverage has been received showing Fireman's Fund Insurance Company as affording the required coverage. Proof of workers' compensation insurance coverage has also been supplied. On-sale intoxicating liquor and Sunday liquor licenses require owners of these establishments to comply with Resolution No. 8808, which outlines discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owner of the establishment. There are no distance requirements to notify neighbors of the issuance of on-sale intoxicating liquor and Sunday liquor licenses. Currently there are five on-sale intoxicating liquor licenses available. • The notice of public hearing was published in the Richfield Sun Current on September 6, 2000. I III. BASIS OF RECOMMENDATION A. POLICY • The applicant has complied with all of the provisions of both City Codes and State Statutes pertaining to on-sale intoxicating liquor and Sunday liquor licensing. • Based upon the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the licenses requested. B. CRITICAL ISSUES The requirements of Resolution No. 8808 must be met. C. FINANCIAL N/A D. LEGAL • N/A • IV. ALTERNATIVE RECOMMENDATION(S) I • Deny the request. This would mean the applicant would not be able to serve on-sale intoxicating liquor; however, the Public Safety Department has not found any basis for a denial. I V. ATTACHMENTS List of Officers. I VI. PRINCIPAL PARTIES EXPECTED AT MEETING Houlihans Staff. 10 • • Houlihan's Restaurant & Bar Officers Lucius Ludlow Fowler Gregory Robert Kirkpatrick Stephen Harris Kneeland President Secretary & Treasurer On-Premises Manager 10 • AGENDA SECTION: Consent AGENDA ITEM # 5E REPORT # 269 J STAFF REPORT CITY COUNCIL MEETING OCTOBER 239 2000 • REPORT PREPARED BY: BETSY CHRISTENSEN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE REPORT PRESENTER: DAN SCOTT, DIRECTOR OF PUBLIC SAFETY NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: SIGNATURE v ? ITEM FOR COUNCIL CONSIDERATION: Consideration of a request from the State of Minnesota to review the request for renewal of a currency exchange license for Community Money Centers, Inc., dba Money Centers, 6525 Nicollet Avenue. I. RECOMMENDED ACTION: By Motion: Approve the request for renewal of a currency exchange license for Community Money Centers, Inc., dba Money Centers, 6525 Nicollet Avenue. II. BACKGROUND On October 5, 2000, the City received notification from the State of Minnesota, Department of Commerce, of a renewal application for a currency exchange license in the name of Community Money Centers, Inc., dba Money Centers, 6525 Nicollet Avenue. Community Money Centers, Inc., dba Money Centers, has provided all of the information required by the State of Minnesota. In addition, the background investigation conducted by the Bureau of Criminal Apprehension found no information on the applicants, Cary D. Geller and Richard P Krietzman. Cary Geller resides in Edina, and Richard Krietzman resides in Minneapolis. 1023MoneyCenters The Richfield Public Safety Department has conducted a background investigation on the applicants. No criminal history was found on either applicant. There were five Public Safety contacts for this address for the previous year. The contacts included two burglary alarms, one disorderly conduct, one check forgery, and one noise complaint. The applicant has complied with State Statute 53A.04 for a currency exchange license with the State of Minnesota. III. BASIS OF RECOMMENDATION A. POLICY • A license for this type of business is not required in the City of Richfield. However, effective on April 24, 1992, Minnesota Statute 53A.04 requires the Department of Commerce to submit any application for licensure as a currency exchange license to the governing body of the municipality in which the applicant proposes to conduct business. • This law also requires the governing municipality to render a decision regarding issuance or denial of the license within 60 days of the receipt of the State's notification. • The State requires that the applicant submit the following information when applying for this type of license: • License fees in the amount of $50. • A current fee schedule used for cashing checks, money orders, or traveler's checks. • A surety bond in the amount of $10,000. • Any owner, partner, director, stockholder (owning 10% or more of the corporate stock) or any employee with the authority to exercise management or policy control over the company must submit to a background investigation by the Bureau of Criminal Apprehension. B. CRITICAL ISSUES • N/A C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Deny the request for the renewal of a currency exchange license for Community Money Centers, Inc., dba Money Centers; however, the Public Safety Department has found no reason to deny the requested license. V. ATTACHMENTS • N/A VI. PRINCIPAL PARTIES EXPECTED AT MEETING 0 N/A • AGENDA SECTION: Consent AGENDA ITEM # 5D: REPORT # 268 . =mom STAFF REPORT CITY COUNCIL MEETING • OCTOBER 239 2000 REPORT PREPARED BY: BETSY CHRISTENSEN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE REPORT PRESENTER: DAN SCOTT, DIRECTOR OF PUBLIC SAFETY NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: SIGNATURE ITEM FOR COUNCIL CONSIDERATION: Consideration of a request from the State of Minnesota to review the request for renewal of a currency exchange license for Checks Cashed of America, LLC, dba Money Xchange, 7620 Lyndale Avenue South. 1 1. RECOMMENDED ACTION: By Motion: Approve a request for the renewal of a currency exchange license for Checks Cashed of America, LLC, dba Money Xchange, 7620 Lyndale Avenue South. III. BACKGROUND On October 5, 2000, the City received notification from the State of Minnesota, Department of Commerce, of a renewal application for a currency exchange license in the name of Checks Cashed of America, LLC, dba Money Xchange, 7620 Lyndale Avenue South. All of the information required by the State of Minnesota has been provided by is Checks Cashed of America, LLC, dba Money Xchange. In addition, the background investigation conducted by the Bureau of Criminal Apprehension found no information on the applicants, Mark A. Smith and Sherri Marzario. Both Mark Smith and Sherri Marzario reside in Prior Lake. 1023MoneyXchange The Richfield Public Safety Department has conducted a background investigation on the applicants. No criminal history was found on either applicant. There were eight Public Safety contacts for this address for the previous year. The contacts included three burglary alarms, three check forgeries, one 911 hang-up, and one found property. The applicant has complied with State Statute 53A.04 for a currency exchange license with the State of Minnesota. III. BASIS OF RECOMMENDATION A. POLICY • A license for this type of business is not required in the City of Richfield. However, effective on April 24, 1992, Minnesota Statute 53A.04 requires the Department of Commerce to submit any application for licensure as a currency exchange license to the governing body of the municipality in which the applicant proposes to conduct business. • This law also requires the governing municipality to render a decision regarding issuance or denial of the license within 60 days of the receipt of the State's notification. • The State requires that the applicant submit the following information when applying for this type of license: • License fees in the amount of $50. • A current fee schedule used for cashing checks, money orders, or traveler's checks. • A surety bond in the amount of $10,000. • Any owner, partner, director, stockholder (owning 10% or more of the corporate stock) or any employee with the authority to exercise management or policy control over the company must submit to a background investigation by the Bureau of Criminal Apprehension. B. CRITICAL ISSUES • N/A C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Deny the request for the renewal of a currency exchange license for Checks Cashed of America, LLC, dba Money Xchange; however, the Public Safety department has found no reason to deny the requested license. V. ATTACHMENTS • N/A VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A • CITY COUNCIL MEETING AGENDA SECTION: Consent AGENDA ITEM # 5 C REPORT # 267 STAFF REPORT moada OCTOBER 239 2000 • REPORT PREPARED BY: PERRY THORVIG, COMMUNITY DEVELOPMENT SPECIALIST NAME, TiTLr_ BRUCE PALMBORG, REPORT PRESENTER: COMMUNITY DEVELOPMENT DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ©` 1-1? vi ?A OUF -t/--K • ITEM FOR COUNCIL CONSIDERATION: Just compensation amount for immovable fixtures at 6501 Cedar Avenue. 1. RECOMMENDED ACTION: By Motion: Set just compensation amount for immovable fixtures at 6501 Cedar Avenue at $18,520. II. BACKGROUND On September 11, 2000, the just compensation amounts were established for the property at 6501 Cedar Avenue. The amount for the immovable fixtures was set at $44,690. This amount was based on a typographical error by one of the review appraisers. The amount should be $18,520. III. BASIS OF RECOMMENDATION A. POLICY • A correction must be made. 1023degideo.doc B. CRITICAL ISSUES • The amount needs to be revised by City Council so negotiations can continue. C. FINANCIAL • The adjustment equals $26,170. D. LEGAL I • Negotiations must be based on the correct numbers. IV. ALTERNATIVE RECOMMENDATION(S) • None V. ATTACHMENTS • N/A VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A 46 10 AGENDA SECTION: Consent AGENDA ITEM # 5B REPORT # 266 STAFF REPORT CITY COUNCIL MEETING OCTOBER 239 2000 REPORT PREPARED BY: STEVEN L. DEVICH, ADMINISTRATIVE SERVICES DIRECTOR NAME, TITLE REPORT PRESENTER: STEVEN L. DEVICH, ADMINISTRATIVE SERVES DIRECTOR NAME, TI DEPARTMENT DIRECTOR REVIEW: -00000 JIA4f? SIGNATURE REVIEWED BY CITY MANAGER: l ITEM FOR COUNCIL CONSIDERATION: Extension of contract with Hennepin for access to property information system I. RECOMMENDED ACTION: By Motion: Authorize the extension of Contract No. A01384 with Hennepin County to allow continued access to the property information system for the period beginning January 1, 2001 and ending December 31, 2001. III. BACKGROUND I Since September 19, 1978 Hennepin County and the City have had a contractual agreement which provides the City with access to the County's real estate tax information. From 1978 through October 1978, the City had access to the County's real estate data via a leased Hennepin County data terminal and printer. In November 1990, the City Council approved the purchase of the Hennepin County data terminal, software and printer when the County announced that it was getting out of the leasing business. After purchase of the equipment, the City entered into . a contract with Hennepin County to provide continued access to County data with the City's owned equipment. 1023AssessK The current contract has provided the City with an extremely economical way to access Hennepin County real estate, municipal and district court data. The contract is not automatically renewable and must be renewed each year by the City and County. The City has now received information from Hennepin County announcing the fees for the contract year 2001 and is asking if the City is interested in renewing this contractual agreement. The Council action here would be to take advantage of the renewal. III. BASIS OF RECOMMENDATION A. POLICY • The City of Richfield contracts with Hennepin County for assessing services. • The City and the County can share the same property information system with the appropriate agreement in place. B. CRITICAL ISSUES • The current contract with Hennepin County expires as of December 31, 2000. Action should be taken now to ensure that the service is maintained without interruption. • The contract is a necessary part of the City's ability to deliver property and court data to the public. • C. FINANCIAL • The County has set the 2001 inquiry fees at the rate of $.0156 per transaction, which is a slight decrease from the rate charged in 2000 ($.0180). • The network support charge will be $21 per month per workstation (reduced from $25 in 2000). The LAN connections will be billed at $38 for 2001 (reduced from $45). • The contract with Hennepin County is a very economical way for the City to access and provide this data to the public. D. LEGAL • The City and County may enter into a legal contract for the provision of this service. IV. ALTERNATIVE RECOMMENDATION(S) I • The City could elect not to renew this contract with Hennepin County. However, if this contract were not renewed, the City would lose its on-line access to County property tax and court records. V. ATTACHMENTS • N/A VI. PRINCIPAL PARTIES EXPECTED AT MEETING 0 N/A 0 • AGENDA SECTION: Consent AGENDA ITEM # 5A REPORT # 265 STAFF REPORT =ado CITY COUNCIL MEETING OCTOBER 239 2000 REPORT PREPARED BY: SAMANTHA ORDUNO, CITY MANAGER NAME, TITLE • 10 REPORT PRESENTER: SAMANTHA ORDUNO, CITY MANAGER \ NAME, TITLE DEPARTMENT DIRECTOR REVIEW: } NAT REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of designating the City of Richfield voting and alternate voting delegates for the National League of Cities annual Congress of Cities business meeting on December 9, 2000. 1. RECOMMENDED ACTION: By Motion: Approve the designation of Council Member Russ Susag as the City of Richfield official voting delegate and City Manager Samantha Orduno as alternate voting delegate for the National League of Cities annual Congress of Cities business meeting on December 9, 20.00. II. BACKGROUND I The National League of Cities (NLC) annual Congress of Cities conference is December 5-9, 2000 in Boston, MA. The annual business meeting will be held on December 9. Under the bylaws of the NLC, each direct member city is entitled to cast one to 20 votes, depending upon the city's population, through its designated voting delegate at the annual business meeting. Richfield is eligible to cast one vote. To be eligible to cast the City's vote, each voting delegate and alternate must be designated by the City. NLC's bylaws 1023n1c • expressly prohibit voting by proxy. Thus, the designated voting delegate must be present at the annual meeting to cast the City's vote. NLC will send a special edition of the Policy Informer summarizing proposed National Municipal Policy amendments and proposed resolutions. Council Member Susug and City Manager Orduno will be attending the annual conference. Therefore, it is appropriate to approve the designations as presented in the Recommended Action section of this staff report. I III. BASIS OF RECOMMENDATION A. POLICY l • Richfield is a member of the National League of Cities. • Richfield is eligible to cast one vote at the annual business meeting • A designated voting delegate must be present at the business meeting to cast the City's vote. 0 B. CRITICAL ISSUES J • To establish Richfield's credentials and facilitate voting delegate preparation for the Congress of Cities, a voting delegate designation must be approved as soon as possible. • It is important for the City to vote on NLC policy amendments and proposed resolutions. • Council Member Susag and City Manager Orduno will be attending the annual conference. C. FINANCIAL l • N/A D. LEGAL l • N/A IV. ALTERNATIVE RECOMMENDATION(S) J • Do not approve the proposed voting delegate designation. V. ATTACHMENTS J • N/A VI. PRINCIPAL PARTIES EXPECTED AT MEETING 0 N/A 0