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04-25-1994CITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING APRIL 25, 1994 CITY COUNCIL MEMBERS PRESENT: Martin Kirsch, Mayor; Michael Sandahl; Susan Rosenberg; Russ Susag; and Don Priebe. HRA MEMBERS PRESENT: Thomas Harms, Chair; Joan Helmberger; Vern Luettinger; Russ Susag; and Michael Sandahl. STAFF PRESENT: James Prosser, City Manager; Thomas Ferber, City Clerk; Donald Fondrick, Community Services Director; Byron Wallace, Community Development Director; Jack Erskine, Public Safety Director; William Fillmore, Liquor Operations Director; and John Dean, City Attorney. A concurrent meeting of the Housing and Redevelopment Authority and the City Council was called to order by Mayor Kirsch and Chair Harms at 7:00 p.m. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Kirsch led the audience in the Pledge of Allegiance. ITEMS CONSIDERED BY HRA: HRA Item #1 CONSYDERATION OF RESOLUTION APPROVING AMENDMENTS TO CONTRACT FOR PRIVATE REDEVELOPMENT BETWEEN HRA AND CSM CORPORATION; YLN REDEVELOPMENT PROJECT, HRA LETTER NO. 38 HRA Chair Harms reviewed HRA Letter No. 38 regarding proposed modifications to the Contract for Private Redevelopment between the HRA and CSM Corporation. He stated that at the concurrent HRA and City Council meeting on April 18, 1994, the HRA received a proposed modification to the contract from CSM. Mr. Harms stated the modification would provide for the current owners and occupants to prepare an alternative proposal for the Phase II area and submit it to the HRA within three months or by July 18 with or without a role for CSM. The proposing parties could then take an additional three months to establish concept feasibility. If either of the deadlines are not met, CSM would proceed to develop Phase II as initially proposed. Mr. Harms indicated the proposed modification also contains criteria by which to evaluate competing proposals and a change in the fiscal disparities payment to CSM for Phase I to $308,220 instead of $500,000. Council Meeting Minutes -2- April 25, 1994 HRA/City Attorney Dean reviewed the proposed amendments to the Contract for Private Redevelopment between the HRA and CSM Corporation. Greg Poe, Leonard, Street & Dienard, attorney representing Terry Feldmann, stated that Terry Feldmann's Imports Inc. hays a long term plan and financial strength to carry out a plan for the area. He asked questions about the draft contract amendment related to the non-exclusive easement for parking stet-ed on page 11, 3.2A sub.(g) of the agreement. Chair Harms explained the need for reasonable flexibility regarding parking spaces. HRA/City Attorney Dean stated that the total parking spaces for the two phases will be less than 1000. Greg Poe, Leonard, Street & Dienard, asked questions related to Bill No. 1994-7 which rezoned the property. Chair Harms stated that the Council would have the discretion to ameana3 tfi~ie ©*~dianance i£ req~.ired t© ~c~©a~eod~te a different Phase II redevelopment proposal. Council Member Priebe suggested that the HRA should use a criteria analyzing proposals on their immediate tax base impact, especially in the case where a proposal would not require T.I.F. assistance. Chair Harms stated that section 3.2A sub.(b) specifically lists the affect on the City°s tax base as a factor to be considered by the HRA. M/Luettinger, S/Sandahl to close the public hearing. Motion carried 5-0. M/Sandahl, S/Susag that the following resolution be adopted; that it be spread in the resolution book and that it be made part o£ these minutest HRA RESOLUTION NO. 509 AMENDING CONTRACT FOR PRIVATE REDEVELOPMENT WITH CSM CORPORATION Motion carried 5-0. This resolution appears as HRA Resolution No. 509 in HRA Resolution Book No. 4. Council Meeting Minutes -3- April 25, 1994 HRA Item #2 CONSIDERATION OF AMENDED RESOLUTION AUTHORIZING CONDEMNATION AND QUICK TAKE OF PHASE I, THE SHOPS AT LYNDALE, YLN REDEVELOPMENT PROJECT. HRA LETTER N0. 39 Executive Director Prosser reviewed HRA Letter No. 39 stating that on April 11, 1994, the HRA adopted a condemnation resolution for the Phase I area of the Shops at Lyndale. Subsequently, questions have arisen about the ownership of the former 77th Street right of way immediately north of and adjacent to Emerson Avenue Congregational Church. He stated the amended resolution is being included on the agenda so if it is determined that the City does not have clear title to the property, action can be taken to obtain title. M/Luettinger, S/Sandahl that the following resolution be adopted; that it be spread in the resolution book and that it be made dart of these minutes: HRA RESOLUTION NO. 510 AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO ACQUIRE CERTAIN REAL PROPERTY; AMENDING HRA RESOLUTION NO. 504 Motion carried 4-0. (Helmberger abstained). This resolution appears as HRA Resolution No. 510 in HRA Resolution Hook No. 4. HRA Ytem #3 CONSIDERATION OF A RESOLUTION RELATING TO RICHFIELD SHOPPES DEVELOPMENT PROJECT AUTHORIZING EXECUTION OF A SUBORDINATION AGREEMENT. HRA/City Attorney Dean recommended that the HRA approve a resolution relating to the Richfield Shoppes Development Project authorizing execution of a subordination agreement. M/Sandahl, S/Luettinger that the following resolution be adopted; that it be spread in the resolution book and that it be made part of these minutes: HRA RESOLUTION NO. 511 RESOLUTION RELATING TO RICHFIELD SHOPPES DEVELOPMENT PROJECT: AUTHORIZING EXECUTION OF A SUBORDINATION AGREEMENT Motion carried 5-0. This resolution appears as HRA Resolution No. 511 in HRA Resolution Hook No. 4. The Special HRA Meeting was adjourned by unanimous consent at 7:28 p.m. ~~~ !MMl91MQ MBf~_ -4- April 25, 1994 RECESS AND RECONVENEMENT Mayor Kirsch recessed the City Council meeting at 7:28 p.m. and reconvened the meeting at 7:35 p.m. APPROVAL OF MINUTES M/Sandahl, S/Rosenberg to approve the minutes of the Regular City Council Meeting of April 11, 1994 Special City Council Meeting held concurrently with Regular HRA Meeting of April 18,E 1994. Motion carried 5-0. Tt~ ~4g ~?~?~~R'~3dt~rmg !~~~ g~L~~~?~T~ 'd'0 ~~R~~~ !~-rr Cr~r C©~CIr /~ ON ANY ITEM NOT LISTED ON THE AGENDA. Nick Vossberg, 6340 Standish Avenue, discussed rollerblading in rural areas and asked about the front yard driveway area at 6314 Standish Avenue.- ~- Public Safety Director Erskine stated that the parking area at 6314 Standish Avenue was completed prior to the effective date of the new ordinance regulating front yard driveway areas. Benjamin Hrion, 6318 Nicollet Avenue, reviewed his concerns about the termination of his lease and his relocation agent. He requested an extension of his lease for at least six months to allow time for him to begin production on his new inventions. City Manager Prosser stated that staff and the HRA would work with Mr. Brion. Item #~2 PRESENTATION OF PROCLAMATION DESIGNATING MAY 1-7, 1994 NATIONAL DRINKING WATER WEEK AND MAY 7, 1994 NATIONAL DRINKING WATER DAY. C.L. NO. 121 Mayor Kirsch read and presented a proclamation designating May 1-7, 1994 as National Drinking Water Week and May ~, 1994 as National Drinking Water Day in Richfield to Community Services Director Fondrick. Council Meeting Minutes -5- April 25, 1994 Mayor Kirsch invited the public to the Water Treatment Plant Open House scheduled for May 7, 1994 from 9:00 a.m. to 3:00 p.m. Item #2A PUBLIC SAFETY DEPARTMENT UPDATE Public Safety Director Erskine reviewed the status of the drive by shooting case indicating the suspects have been arrested and should be formally charged this week. He recognized the efforts of the Public Safety staff and other agencies work in apprehension of the suspects. Mayor Kirsch commended the Public Safety Department for their effort and dedication in this difficult case. Item #3 COUNCIL APPROVAL OF AGENDA M/Sandahl, S/Priebe to approve the agenda. Motion carried 5-0. Ytem #4 CONSENT CALENDAR 4A. APPROVED RESOLUTION ESTABLISHING JUST COMPENSATION AND AUTHORIZING PURCHASE OF EASEMENTS AND PARTIAL FEE TAKING; PHASES I AND II-77TH STREET PLAN C.L. 122 RESOLUTION N0. 8131 A RESOLUTION ESTABLISHING JUST COMPENSATION FOR A PARTIAL FEE TAKING AND TEMPORARY EASEMENTS; AND AUTHORIZING PURCHASE OF SAME; PHASE II - 77TH STREET PROJECT This resolution appears as Resolution No. 8131 in Resolution Book No. 63. B. APPROVED PURCHASE IN EXCESS OF $5,000 FOR MODULAR OFFICE FURNITURE FOR CITY HALL FROM FACILITY SYSTEMS IN AMOUNT NOT TO EXCEED $5,500 C.L. 123 C. APPROVED RESOLUTION APPROVING GAMBLING ACTIVITY WITH FEE WAIVER REQUESTED BY FRED BABCOCK VFW POST #5555, 710 LAKE SHORE DRIVE C.L. 124 Council Meeting Minutes -6- April 25, 1994 RESOLUTION NO. 8132 A RESOLUTION GRANTING APPROVAL FOR THE FRED BABCOCK VFW POST #5555 TO CONDUCT LAWFUL GAMBLING This resolution appears as Resolution No. 8132 in Resolution Book No. 63. D. APPROVED RESOLUTION APPROVING EXEMPTION FROM LAWFUL GAMBLING ACTIVITY WITH FEE WAIVER REQUESTED BY THE ACADEMY OF HOLY ANGELS, 6600 NICOLLET AVENUE C.L. 125 RESOLUTION NO. 8133 A RESOLUTION GRANTING APPROVAL FOR THE ACADEMY OF HOLY ANGELS TO CONDUCT LAWFUL GAMBLING This resolution appears as Resolution No. 8133 in Resolution Book No. 63. M/Sandahl, S/Susag.to approve the consent calendar. Motion carried 5-0. Item #5 CONSIDERATION OF REQUEST FOR NEW 1994 ON-SALE AND SUNDAY LIQUOR LICENSE FOR CHAMPPS DEVELOPMENT CORPORATION D/B/A CHAMPPS SPORTS CAFE, 790 WEST 66TH STREET. C.L. NO. 126 City Manager Prosser reviewed Council Letter No. 126 regarding the application for a new 1994 on-sale and Sunday liquor license for Champps Development Corporation d/b/a Champps Sports Cafe. He stated the new application was required due to a change in mayor stockholders. M/Sandahl, S/Susag to close the public hearing. Motion carried 5-0. M/Susag, S/Sandahl to approve the granting of the 1994 On- Sale and Sunday Liquor Licenses to Champps Development Corporation d/b/a Champps Sports Cafe located at 790 West 66th Street, subject to the conditions of Resolution No. 7380. Motion carried 5-0. Council Meeting Minutes -7- April 25, 1994 Item #6 PUBLIC HEARING AND SECOND READING OF ORDINANCE AMENDMENT TO REZONE THE FOLLOWING MULTIPLE RESIDENCE PROPERTIES: 1) 6409, 6415, 6421 AND 6429 BLAISDELL AVENUE TO SINGLE FAMILY RESIDENCE; 2) 6227-29 AND 6237 PLEASANT AVENUE TO HIGH DENSITY M[JLTI-FAMILY; 3) 840 WEST 65TH STREET TO HIGH DENSITY MULTI-FAMILY; AND 4) 920-24-28 RAE DRIVE TO HIGH DENSITY MULTI-FAMILY. C.L. NO. 127 City Manager Prosser reviewed Council Letter No. 127 regarding the proposed ordinance amendment to rezone the following MR (multiple residence) properties: 1) 6409, 6415, 6421, and 6429 Blaisdell Avenue to R (single family residence); 2) 6227-29 and 6237 Pleasant Avenue to MR-3; 3) 840 West 65th Street to MR-3; and 4) 920-24-28 Rae Drive to MR-3. Anne Burkhardt, 921 Rae Drive, stated concerns about the density allowed on 920-924-928 Rae Drive if the lots were redeveloped in the future. Community Development Director Wallace stated that the MR-3 zoning was more restrictive than MR in relationship to floor/area ratio, setback, and number of units. Council Member Priebe asked if all of the pending zoning . ordinance revisions could be scheduled for consideration at,~the same time. City Manager Prosser stated that the revisions had been broken down into smaller groups to provide the opportunity for communication with homeowners, resident input, and deliberation by the Planning Commission. M/Susag, S/Sandahl to close the public hearincr. Motion carried 5-0. M/Sandahl, S/Susag that this constitute Second Reading of Bill No. 1994-8, amendment to Appendix I; that it be published in the official newspaper and that it be made part of these minutes. Motion carried 5-0. Item #7 PUBLIC HEARIN OF PROPERTY A AUTHORIZATION C.L. N0. 128 G AND SECOND READING OF ORDINANCE T 7537 GIRARD AVENUE TO HRA; AND TO ENTER INTO LICENSE AGREEMENT FOR SALE Council Meeting Minutes -8- April 25, 1994 City Manager Prosser reviewed Council Letter No. 128 regarding a proposed ordinance to authorize the sale of the property at 7537 Girard Avenue to the HRA. M/Sandahl, S/Susag~to close the public hearinar. Motion carried 5-0. M/Susag, S/Priebe that this constitute Second Reading of Rill No. 1994-9, Transitory Ordinance No. 17.56, that it be published in the official news~afler and that it be made part of these minutes. Motion carried 5-O. Item #8 PUBLIC HEARING AND CONSIDERATION OF RESOLUTION APPROVING MODIFICATION TO RICHFIELD REDEVELOPMENT PROJECT PLAN, CONSISTING OF MODIFICATION NO. 4 TO REDEVELOPMENT PLAN AND TALC INCREMENT FINANCING PLAN FOR INTERSTATE/LYNDALE/NICOLLET REDEVELOPMENT PROJECT. AoT o WOo 1a9 City Manager Prosser reviewed Council Letter No. 129 regarding proposed modifications to the Richfield Redevelopment Pro3ect Plan and Tax Increment Financing Plan for the Interstate/Lyndale/Nicollet Redevelopment Project. Lawrence Wozniczka, 6744 Wentworth Avenue, stated concerns and asked for more information about the potential property tax impact on individual residential property owners due to the potential loss of student population and the tax increment financing resulting from the CSM Redevelopment Project. Council Member Sandahl stated that it was not possible to predict the pupil loss since some may relocate within Richfield. M/Sandahl, S/Susag to close the public hearing. Motion carried 5-O. Council Member Priebe stated it was hie understanding that the terms of this agreement require the City to reimburse the developer for all of the costs and expenses involved in assembling the site. He asked what was in place to verify and audit the correctness of these figures. Council Meeting Minutes -9- April 25, 1994 City Attorney Dean stated the contract is between HRA and the developer, indicating it deals with the obligation to reimburse CSM for the expenditures and expenses that they incur in connection with the site assembly. He stated it is limited to the available tax increment as defined in the agreement. Mr. Dean stated analyzing the expenditures and determining what is appropriate and what is not is assigned by the agreement to the authorities fiscal agent who will review the statement of such expenditures and will determine the amount payable annually during the term of this note. He said this process is in place to review and determine the qualification of the expenditures as well as the amount of payment to be made for them. Mr. Dean stated he could not imagine a scenario where CSM will receive in tax increment an amount equal to the expenditure which they will incur in site assembly. Council Member Priebe asked if the development would generate much in the way of incremental tax compared to the cost assembling the site. City Attorney Dean-stated it will not generate enough to cover the cost of assembly of the site. M/Susag, S/Sandahl that the following resolution be adopted;_ that it be sgread in the resolution book and that it be made Hart of these minutes: RESOLUTION NO. 8134 A RESOLUTION APPROVING MODIFICATION TO RICHFIELD REDEVELOPMENT PROJECT PLAN, CONSISTING OF... MODIFICATION NO. 4 TO THE REDEVELOPMENT PLAN AND TAR YNCREMENT FINANCING PLAN FOR THE INTERSTATE/LYNDALE/NICOLLET REDEVELOPMENT PROJECT Motion carried 4-1. (Priebe opposed) This resolution appears as Resolution No. 8134 in Resolution Book No. 63. Item #9 CONSIDERATION OF HENNEPIN COUNTY PLAN FOR 76TH STREET AND PENN AVENUE CONSTRUCTION PROJECT INCLUDING 1tESOLUTIONSt • APPROVING MINNESOTA DEPARTMENT OF TRANSPORTATION AGREEMENT NO. 71587s • AUTHORIZING EXPENDITURE OF $466,344 OF RICHFIELD'S MUNICIPAL STATE AID CONSTRUCTION MONIES OFF-SYSTEM FUND FOR CONSTRUCTION OF IMPROVEMENTS OF PENN AVEIWE • AUTHORIZING POSTING OF TRAFFIC CONTROL SIGNS "NO PARKING ANYTIME" ON PENN AVENUE FROM 75TH STREET TO I-494 AND ON 76TH STREET FROM SHERIDAN AVENUE TO NEWTON AVENUE. C.L. N0. 130 Council Meeting Minutes -10- i~pril 25, 1994 City Manager Prosser reviewed Council Letter No. 130 recommending that the City Council take the following action related to the 76th Street and Penn Avenue Construction Project: 1. Approve Hennepin County Cooperative Construction Agreement No. PW52-19-93. 2. Adopt the resolution approving MnDOT signal Agreement No. 71587. 3. Adopt the resolution approving the use of Richfield's MSA funds on Penn Avenue. 4. Adopt the resolution banning on-street parking in the project area. 5. Approve the use of Capital Funds for non-MSA eligible costs. 6. Approve Hennepin County's construction plans and specifications. Co~x~~il M~,~er Sandakal shat®d a resident had asked him why the apartment building at 76th and Penn Avenue had a for rent sign even though it was going to be taken for the road improvement. Community Services Director Fondrick indicated that the apartment buildings at 7545 Penn Avenue and 7544 Oliver Avenue were scheduled for acquisition as part of the project. City Manager Prosser, in response to a question from Mayor Kirsch, indicated the possible reuse of the semaining part of the Oliver Avenue parcel after the roadway construction. M/Sandahl, S/Susag that the following resolutions be adopted; that thev be svread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 8135 RESOLUTION APPROVING MINNESOTA DEPARTMENT OF TRANSPORTATION AGREEMENT NO. 71587 Motion carried 5-0. This resolution appears as Resolution No. 8135 in Resolution Book No. 63. RESOLUTION NO. 8136 RESOLUTION AUTHORIZING EXPENDITURE OF $466,344 OF RICHFIELD'S MUNICIPAL STATE AID CONSTRUCTION MONIES OFF-SYSTEM FUND FOR CONSTRUCTION OF IMPROVEMENTS ON PENN AVENUE Council Meeting Minutes -11- April 25, 1994 Motion carried 5-0. This resolution appears as Resolution No. 8136 in Resolution Book No. 63. RESOLUTION NO. 8137 RESOLUTION AUTHORIZING THE POSTING OF TRAFFIC CONTROL SIGNS °NO PARKING ANYTIME" ON PENN AVENUE FROM 75TH STREET TO I-494 AND ON 76TH STREET FROM SHERIDAN AVENUE TO NEWTON AVENUE Motion carried 5-0. This resolution appears as Resolution No. 8137 in Resolution Hook No. 63. And ~ to approve Hennepin County Cooperative Construction A_areement No. PW52 19 93; to approve the use of Cavital Funds for non MSA eligible costs; and to approve Hennepin County's construction plans and specifications. Motion carried 5-0. Item #10 CONSIDERATION~OF RESOLUTION AUTHORIZING ISSUANCE AND SALE OF COMMERCIAL DEVELOPMENT REVENUE REFUNDING BONDS (RICHFIELD SHOPPES DEVELOPERS PROJECT), SERIES 1994. C.L. NO. 131 City Attorney Dean reviewed Council Letter No. 131 regarding the issuance and sale of Commercial Development Revenue Refunding Bonds (Richfield Shoppes Developers Project), Series 1994. M/Susag, S/Sandahl that the following resolution be adopted; that it be spread in the resolution book and that it be made wart of these minutes: RESOLUTION NO. 8138 AUTHORIZING THE ISSUANCE AND SALE OF COMMERCIAL DEVELOPMENT REVENUE REFUNDING BONDS (RICHFIELD SHOPPES DEVELOPERS PROJECT), SERIES 1994, THE EXECUTION OF RELATED DOCUMENTS AND THE PERFORMANCE OF RELATED ACTIONS Motion carried 5-0. This resolution appears as Resolution No. 8138 in Resolution Book No. 63. Ytem #11 CONSIDERATION OF NEW APPLICATION FOR COMMERCIAL KENNEL LICENSE FOR VETERINARIAN JOEL D. LOCKETZ AT THE PET FOOD WAREHOUSE, 710 WEST 66TH STREET. C.L. NO. 132 City Manager Prosser reviewed Council Letter No. 132 regarding the application of Joel D. Locketz, D.V.M. for a Council Meeting Minutes -12- April 25, 1994 commercial kennel license to provide veterinary wellness clinics on a limited basis at the Pet Food Warehouse facility at 710 West 66th Street. Helen Winder, Attorney, Dr. Joel Locketz and Dr. Doreen Dingle, appeared to speak in support of the application and answer questions. They explained the wellness clinic concept and services as mainly consisting of. routine physical exams, health screening tests and vaccinations. They stated records would be maintained at the Animal Medical Clinic and Hospital in Minneapolis. Costs of services would be 30~ - 40~ less than traditional practices. They indicated the clinic would comply with all Minnesota veterinary health standards and would provide a needed quality service to the community. The facility would have direct access from the outside and also access from the Pet Food Warehouse. They indicated other locations had operated with no complaints or problems. Dr. Robert Dietl, 6837 Newton Avenue, owner of Woodlake Veterinary Hospital, spoke on behalf of a group of Richfield veterinarians stating the following: o The e~t~b? i ~h~e*?t ng ~ vote,-'~ *?~?"~ £a.cility c,~ith.~! z2 a E3©L2- veterinary corporation is contrary to existing law 156.10. A complaint has been filed with State Board of Veterinary Medicine. 2. Pet Food Warehouse encourages their customers to bring in their pets with them to the store which raises health and safety risks of: ~ Animal waste in the parking lot, on the sidewalks, and in store. ~ Animal fights in all the above areas. ~ Potential for bites and scratches to humans, inside and outside the facilities. * Despite leash laws, people allow their pets to run loose, and with such a congested parking situation there is a substantial risk of vehicular in~uriea to both animals and humans. * No emergency medications or oxygen would be available if an animal had an allergic reaction. 3. If a commercial kennel license is granted, the City should require this clinic to comply with all the regulations and requirements that exist including: ~ Floor to ceiling walls ~ Tiles floors - * Separate heating, air-conditioning and ventilation units * Sinks with hot and cold water in exam rooms ~ Waste management controls both inside and outside the facilities Council Meeting Minutes -13- April 25, 1994 4. There is a parking shortage at Market Plaza based on current parking spaces available, customer flow, and retail square footage. The addition of Pet Food Warehouse, a veterinary clinic, and a groomer will further overburden the parking lot. In other locations it is common for client flow to reach 50 to 60 patients per hour. Discussion followed regarding the powers of the State Board of Veterinary Medicine, the status and nature of complaints that may have been filed, disciplinary and criminal remedies, and regulation of the practice of Veterinary Medicine. John Bonner, attorney for Parsinen, Bowman & Levi, representing Richfield veterinarians, questioned the relationship of Dr. Lockertz and Pet Food Warehouse as possibly a violation of law 156.10. He urged the City to delay issuance of this license until the State Board of Veterinary Medicine reviews this issue. Mr. Bonner also suggested the need for the City to study further the regulation of veterinary practices. City Attorney Dean stated that the applicant for the veterinary services commercial kennel license is Dr. Locketz and that Pet Food Warehouse is the applicant for the commercial kennel license for pet grooming. He stated that the City..,_~ ordinance does not speak to the corporate issue. Helen Winder, attorney for Dr. Locketz, stated that the real issue seems to be fear of competition. She stated that the wellness clinic would follow all the applicable laws and regulations. She stated the lease between Dr. Locketz and the Pet Food Warehouse is an arms length transaction. Dr. Locketz stated he would have emergency drugs and oxygen available for treatment if an animal has an allergic reaction. City Manager Prosser stated the Bloomington health inspector had reviewed this issue and advised as to the requirements for wellness clinic. Mr. Prosser stated that the original condition use permit governed the parking space requirements and that the new Pet Food Warehouse did not appear to have any extraordinary impact on parking. City Attorney Dean stated that the complaint with the Minnesota State Board of Veterinary Medicine mentioned by Dr. Dietl is apparently of an unknown nature and outcome, therefore does not have a bearing on the decision before the Council tonight. Council irTeeting 1~linutes -14- . _ Plpril 25, 1994 Patrick Labriola, President of Pet Food Warehouse, described the lease arrangement with Dr. Locketz and stated the intent of Pet Food Warehouse to provide high quality, low cost merchandise and services to the community. He stated that Dr. Locketz and his facility would abide by the regulations and requirements as requested. Mr. Labriola stated that parking was adequate for the Pet Food Warehouse facility and that the stores had no problems with control of animals. He indicated Dr. Locketz would be a lessee and there was no other relationship other than buying space in an advertising circular, which other veterinarians can also d0. M/Susag, S/Priebe that the application of Joel D. Locketz for a commercial kennel license at 710 West 66th Street be approved with the following stipulations: 1. The exterior of the building and parking lot near this business 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. All feces must be cleaned up and immediately disposed of properly. 2 e Citg based eR?~~ri ~a~ri ~*~~ a ~~?"~~ffid~*"g a*~d pet g©©~. ~t©re representatives are being invited to meet with City staff to discuss common areas of concern and identify areas that may require further commercial kennel license regulations by the City. All licensee's must understand that further and additional requirements may be made that may affect their qualifications to hold a license in the future. City Manager Prosser reviewed an additional recommended stipulation relating to a problem with truck deliveries before 7:00 a.m. He proposed the following language for the stipulation: No deliveries of supplies or materials for Pet Food Warehouse may be made between the hours of 10:00 p.m. and 7:00 a.m., and all deliveries must comply with Richfield City Code 930.13, subd. 4. Yf three or more violations of this condition occur within any 12-month period, the City Council may revoke or refuse to renew the license. Mr. Labriola and Bill Carson, store manager of Pet Food Warehouse, stated the early deliveries had ceased after the City notified them. Public Safety Director Erskine reviewed the public safety contacts regarding truck loading at this location. City Manager Prosser stated the City Council could also address this problem with an ordinance change. 1 Council Meeting Miautes -15- April 25, 1994 It was the consensus of the Council that the truck loading issue should be addressed by an ordinance change. Council Member Rosenberg stated that she did not believe that competition was the reason for the opposition from local veterinarians and that she would not support approval because of health and safety concerns. Council Member Priebe stated the local veterinarians had not presented any specific issues so it can be assumed competition is the issue. He stated that was a private business issue. He indicated if future problems occurred the City Council could address it though the license. Council Member Sandahl spoke in opposition to approving the license based on safety and parking issues. Mayor Kirsch agreed with Council Member Sandahl stating the retail Pet Food Warehouse was appropriate but that the additional noise, traffic, and safety issues generated by the clinic may cause a problem. Mayor Kirsch requested a roll call. Aye - Susag, Priebe. Nay - Kirsch, Sandahl, Rosenberg. _ Motion failed 2-3. City Attorney Dean stated that the City Council should adopt Findings of Fact for the denial at the next City Council meeting. M/Sandahl, S/Rosenberg to direct staff to prepare Findings of Fact for consideration for adoption by the City Council at their Maw 9 ~, 1994 meeting. Motion carried 5-0. Item #12 CONSIDERATION OF NEW APPLICATION FOR COMMERCIAL KENNEL LICENSE FOR GROOMING ANIMALS ONLY FOR PET FOOD WAREHOUSE, 710 WEST 66TH STREET. C.L. N0. 133 City Manager Prosser reviewed Council Letter No. 133 regarding an application for a commercial kennel license for grooming animals for the Pet Food Warehouse, 710 West 66th Street. Mary Burke, pet groomer and employee of Pet Food Warehouse, reviewed her credentials as a pet groomer and operator of a pet grooming school. She reviewed the services proposed at the Pet Food Warehouse. Council Meeting ~Ki~+et~s ~ -16- Bpril 25, 1994 M/Susag, S/Priebe to approve the application of Pet Food Warehouse for a commercial kennel license at 710 West 66th Street be approved with the following stipulations: 1. The exterior of the building and parking lot near this business must be checked twine a day for the removal of any animal feces that may occur as a result of patrons bringing their animals with them. All feces must be cleaned up and immediately disposed of properly. 2. City based veterinarians, groomers and pet food store representatives are being invited to meet with City staff to discuss common areas of concern and identify areas that may require further commercial kennel license regulations by the City. All licensee's must understand that further and additional requirements may be made that may affect their qualifications to hold a license in the future. Motion carried 3-2. (Sandahl, Rosenberg opposed) ?tee ~'? ~' ~??~P~!~T ~TAT~~ ?~~'!~~~.~° City Manager Prosser reviewed the status of the following airport issues: 0 RUNWAY 4-22 EXTENSION Senator Riveness has arranged a meeting between the City and the MAC regarding the City's questions about the Revised Draft Environmental Impact Statement (RDEIS). ® NORTH-SOUTH RUNWAY The possible purchase of the Met Center property by the City of Bloomington for relocation of the hotels that are in the clear zone of a proposed north/south runway may be of concern because it predisposes this runway concept. ® STATE IMPACT AID LEGISLATION The bill is in conference committee. Mayor Kirsch stated he spoke to two of the conference committee members urging their support for the bill. ® NEW FORD TOWN AND RICH ACRES ACQUISITION W. D. Schock is continuing progress towards the acquisition of properties. Council Meeting Miautes~ -17- April 25, 1994 Item #14 77TH STREET PROJECT STATUS REPORT Community Services Director Fondrick reviewed the status of the 77th Street Reconstruction Project regarding utility work, paving, and sound wall construction. Community Services Director Fondrick provided a status report on the Water Plant Renovation Project and the water taste/odor consistency issue. Item #~15 LEGISLATIVE REPORT No report. Item #16 COUNCIL DISCUSSION ITEMS Council Member Susag discussed the drive by shooting _.. incident media coverage and commended the Public Safety Department staff for their special efforts. Council Member Susag discussed student membership on City Commissions and suggested appointments be made at the beginning or end of the school year. Yt was the consensus of the Council that the City staff commence recruitment of student members for Commission appointment and draft the appropriate ordinance changes if necessary for the term changes. Council Member Sandahl invited the public to the Friends of Wood Lake (FOWL) fundraising dinner event scheduled for April 29 at the VFW. He also commented on the quality of the Holy Angels High School musical. Item X17 CLAIMS AND PAYROLLS M/Susag, S/Priebe that the following claims and payrolls be approved: RICHFIELD BANK & TRUST CO. Checks 18416-18466; 44954-45194 S 850,766.79 Council Meeting Minutes -18- NORWEST RANK Checks 1204-1205 FIRSTAR BANK Checks 7970-8001 Checks 76183-76505 Motion carried 5-0. ADJOURNMENT April 25, 1994 $ 15,700.00 $ 387,625.33 $ 367,798.65 The meeting was adjourned by unanimous consent at 10:02 p.m. Date Approved: 5/ 9/ 94 Martin J. rsch Mayor ~~ Thomas P. Ferber J es D. Prosser City Clerk Ci anager [~ 1