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06-26-95 Regular CITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING June Martin Kirsch, Mayor; Michael Sandahl; Susan Rosenberg; MEMBERS PRESENT: Russ Susag; and Don Priebe. James Prosser, City Manager; Steven Administrative STAFF PRESENT: Services Director; William Fillmore, Liquor Operations Director; Jack Erskine, Public Safety Directory; Thomas Ferber, City Clerk; Bridget Walstrom, Finance Manager; Mike Eastling, City Engineer; and John Dean, City Attorney. The meeting was called to order by Mayor Kirsch at 7:00 p.m. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Kirsch led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES the minutes of the Special Citv Council Meetina of ne 12. 1995: the of the Meetrna of June 12. 1995: and the m nutes of the Council Meetrna with Housina and Redevelooment Authority of Special 19.1995. Item OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL ON ANY ITEM NOT LISTED ON THE AGENDA. No one wished to address the Council. Item PRESENTATION PROCLAMATION DESIGNATING JULY WOMEN OF TODAY FOUNDERS DAY June Council Member Rosenberg read and presented a proclamation designating July as 1995Women of Today Founders Day to Melanie Hall of the Richfield Women of Today. ItemPRESENTATION OF POLICE AUXILIARY OFFICER OF THE YEAR AWARD Public Safety Director Erskine reviewed Council Letter No. 162 and presented the Police Auxiliary Officer of the Year Award for 1994 to Gerald Rue. ItemCOUNCIL APPROVAL OF AGENDA City Attorney Dean recommended that the City Council amend the agenda to schedule Item “Airport Report” after the Claims and Payrolls. He recommended that the City Council adjourn at that time to a Closed Executive Session for the purpose of discussing issues related to the pending litigation regarding the Runway 4-22 extension. CONSENT CALENDAR Item APPROVED BID MINUTES/TABULATION AS AMENDED AND AWARD OF CONTRACT FOR 1995 CONCRETE STREET AND ALLEY REPAIR AND JOINT CLEANING AND RESEALING TO CONSTRUCTION COMPANY IN AMOUNT OF C.L. 163 APPROVED BID MINUTES/TABULATION AND AWARD OF CONTRACT FOR PAINTING LOGAN AVENUE TOWER WATER TO DELOUGHERY PAINTING IN AMOUNT OF $295,440 C.L. 164 APPROVED BID AND REJECTION OF BID FOR RICH FOR WORK C.L. 165 June 26 D. APPROVED PURCHASE IN EXCESS OF $5,000 FOR GREENS AERATOR FOR USE AT RICH ACRES GOLF COURSE FROM MTI DISTRIBUTING COMPANY IN AMOUNT OF $5413.40 C.L. 166 M&sag, S/Rosenberg the consent Item AND MADE BY TIMOTHY KUNTZ, INDEPENDENT HEARING EXAMINER, City Manager Prosser reviewed Council Letter No. 167 regarding the findings, conclusions, and recommendations made by Timothy Kuntz, an independent hearing examiner, and reconsideration of the application for a commercial kennel license for Dr. Joel D. Locketz d.b.a. Animal Medical Clinic, to be located at Pet Food Warehouse, 710 West 66th Street. He stated that on February 23, 1995, independent hearing examiner Timothy Kuntz took testimony and considered evidence relating to the application. He stated the hearing was held from 9 a.m. to 12 noon and all interested parties were given the opportunity to present testimony and evidence and to make both oral and written submissions. City Manager Prosser indicated that a copy of those findings was distributed with Council Memo No. 71 dated June 16, 1995. The hearing examiner’s findings recommended that the City Council grant the Food commercial kennel license to Dr. Locketz for a commercial kennel within the Pet Helen Winder, attorney for the applicant Dr. Joel Locketz, requested reconsideration of the application of Dr. Locketz for a commercial kennel license at Pet Food Warehouse and City Council approval as recommended in the report of the hearing examiner, Timothy Kuntz. Robert Dietl, 6837 Newton Avenue, co-owner of Veterinary Hospital, stated he was the spokesperson for several local veterinarians. He stated opposition to the application of Dr. Locketz based on the issues stated in his written submittal of ¦ The parking lot at Market Plaza relating to capacity, congestion, and feces clean ¦ The location of the clinic in a store without a separate entrance. ¦ Manner of operation of the clinic. ¦ Council Meeting Minutes June 26. Council Member Susag asked if Dr. felt that the hearing examiner had provided a fair opportunity be heard on this issue. Dr. answered affirmatively. Council Member Priebe, noting that there are similar clinics in other Pet Food Warehouse locations, asked if Dr. knew of any problems at those locations. Dr. indicated he was not aware of any but that the small parking lot at Market Plaza made this location different. Helen Winder, attorney for Dr. Locketz, stated that the hearing examiner’s findings indicated that the clinic’s parking needs could be accommodated in the Market Plaza parking lot. Dr. Locketz stated that the parking is sufficient for the expected number of clinic and the limited hours of the clinic for two or three days a week. Jane Myre, 7033 Oliver Avenue, spoke in opposition to the proposed commercial kennel license stating support for local veterinarians and concerns about safety. Jerry Johnson, District Manager of Pet Food Warehouse, stated that parking and congestion was not a problem in the 13 locations he is familiar with. He indicated that the stores have service codes and programs which address feces clean up and cleanliness. Council Member Priebe, noting that a pet grooming service facility already exists at this store, asked if any problems had resulted from the pets and pet owners using this Mr. Johnson stated the grooming service was very busy and no problems have been reported. He stated most grooming is done by appointment with the owner dropping off their pet and returning later to pick it up. Hestated the pet owners typically stay with thepet when using clinic services. Connie McDonald, 6400 15th Avenue South, spoke insupport of the application for the commercial kennel license indicating a positive experience with the Eden Prairie Pet Food Warehouse clinic services and the need for this service in Richfield. S/Priebe close the hearing. Council Member Susag asked if the Public Safety Department had observed a parking problem related to the store. Public Safety Director Erskine indicated that he was not aware of any, but indicated that he had suggested that the clinic not be operated on Monday nights because of the football crowd at Champps on Monday nights. June 26. 1995 City Attorney Dean suggested that the City Council may want to stipulate that any new rules which result from the Minnesota Board of Veterinary Medicine formal rule making process, now being drafted, apply to this licensee when they are adopted. Helen Winder, attorney for Dr. indicated this would be acceptable since the rules would apply to veterinarian services anyway. a kennel to Dr. Joel cketz. for a kennel the Pet Food at 710 West 66th Street, to the followina stioulationg: more than three The clinic should operate no days per week. 2. The hours should be restricted to no more than three hours per session. 5. Any veterinarian services provided on site must comply with applicable state law and regulations. There must exist a sign at the entrance to Pet Food Warehouse and at the entrance to the segregated commercial kennel facility that the animals must be on leash or within a carrier at all times. At least two such signs should also be posted in the parking lot at locations to be recommended by the City’s Director of Public Safety. The employees of the facility must be responsible for enforcing the leash and carrier requirement within the segregated area of the commercial kennel. The applicant and Pet Food Warehouse 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 applicant and Pet Food Warehouse 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. All feces must be cleaned up and immediately disposed of properly. If more than ten customers are at the commercial kennel at any one time, the kennel must follow the process of giving the customers a specific estimated time at which to return to the facility in order to be served rather than waiting. This will tend to eliminate the potential safety issue of having large numbers of animals congregating at one time in a given location within the facility. 10.The clinic must not operate later than 6:00 p.m. on Saturdays. 11. No boarding, x-rays or surgery should occur on site. 12. Any incidents of animal biting, fights or other safety threatening incidents must be immediately reported to the City. 13. Any pet which does not pass the health screening must be referred for treatment elsewhere. the license 14. The City reserves the right to impose different or additional conditions if is renewed. 15. The clinic must not operate on Monday nights. 16. Applicant must comply with the City sanitarian’s requirements that a “mop sink be installed, stainless steel tables be used for examining animals and ceramic tile be installed as the floor finish in the clinic area. process after such rules have been adopted and approved. Council Member Sandahl stated he would vote against the motion based on the following reasons: 1. The location, not the use, is inappropriate. The parking lot is too congested. Concern for unexpected problems related to the control of animals in such a congested area. Council Member Rosenberg stated she would vote against approval based on the issues expressed by Dr. and Council Member Sandahl. She reviewed safety concerns about her observations of dogs confronting other dogs in the store. Council Member Priebe stated he supported approval of the license based on the following reasons: exist in other Similar clinics Pet Food Warehouse Stores in the Twin Cities and no problems have been reported. 2. The City should not interfere in the competitive business issues indicating there appears to be some concerns for protecting existing related businesses. The existing grooming service does a high volume of business with of pets and no problems have resulted. Council Member Susag stated that the hearing officer had received testimony from an 11 page report to the all interested parties. He stated that the hearing officer submitted he supported granting the license based on the facts in the report. Mayor Kirsch stated he would vote against granting the license based on safety concerns related to seniors and congestion in the parking lot. The Clerk called the roll for the vote on the motion: Rosenberg Susag aye Sandahl Priebe Motion failed 7-3. (Rosenberg, Kirsch, Sandahl opposed) City Attorney Dean suggested that the City Council should direct staff to prepare findings of fact to deny the application. to Dr. d.b.a. Animal for a kennel ItemCONSIDERATION OF ACCEPTANCE OF CITY OF RICHFIELD COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FISCAL YEAR ENDED DECEMBER C.L. NO. 168 City Manager Prosser reviewed Council Letter No. 168 regarding receipt of the City of Richfield Comprehensive Annual Financial Report for the fiscal year ended December 31, 1994 from the City’s auditing firm Deloitte & Touche LLP. Motion carried ItemCONSIDERATION OF CONDUCTING CITY COUNCIL STUDY SESSION ON JULY C.L. NO. 169 canceling the July 3, 1995 City Council Study Session. Motion carried ItemAIRPORT STATUS REPORT Item 77TH STREET PROJECT STATUS REPORT City Engineer Eastling reviewed the status of the following 77th Street Construction Projectissues: Use and stockpiling of recycled materials on Cloverleaf site. Schedule of paving for 77th Street east of Portland Avenue. Council Member Priebe questioned why the Washington Park redevelopment had not been completed at the same time as Madison Park. City Engineer Eastling stated there had been some difficulty in the coordination of the contractors and seeding. Mayor Kirsch asked about the status of the completion of the 77th Street Phase I landscaping. City Engineer Eastling stated that it has been difficult to keep the contractor in town due to other competing jobs. He indicated he would check on the completion date. Hereviewed the neighborhood meeting and partnering process being used to work with property owners who will be affected by the Humboldt Avenue Storm Sewer construction project. Council Member Susag expressed concern about some of the uncompleted landscape elements on Phase of 77th Street including dirt piles with weeds growing and plastic irrigation tubes extending into the road areas. Mayor Kirsch indicated that a memo on the 77th Street construction schedule indicated that Phase landscape work wassupposed to be completed by June 30. Item 1 LEGISLATIVE REPORT Item COUNCIL DISCUSSION ITEMS Council Member Sandahl acknowledged the staff for conduct of a very successful safety camp. Council Meeting Minutes June 26, for September 16. that the claims and Checks: 19790-I 9846; 5300553260 $ Check: 1234 Checks: 8640-8653 $ Payroll: 85974-86000; 86874-87215 $ . AIRPORT STATUS REPORT Item 3A City Attorney Dean suggested that the City Council adjourn to a Closed Executive Session for the purpose of discussing issues relating the Runway 4-22 Extension pending litigation. He stated that the Council should subsequently adjourn their regular meeting since no further regular business was scheduled for consideration after the Council concludes the Closed Executive Session. to adiourn to a Closed Executive Session for the of June ADJOURNMENT to adiourn the reaular June 36. 1995 Citv Council Meeting. The regular meeting was adjourned at p.m. Date Martin J. Mayor James D. Prosser Thomas P. Ferber City Manager City Clerk