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03-25-96 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota The meeting was called to order by Mayor Kirsch at 7:00 p.m. Mayor Kirsch led the audience in the Pledge of Allegiance. Martin Kirsch, Mayor; Michael Sandahl; Susan Rosenberg; Russ Susag; and Don Priebe. James Prosser, City Manager; Steven Administrative Services Director; Bruce Palmborg, Community Development Director; Mike Eastling, City Engineer; Randy Hughes, Operations Coordinator; Jack Erskine, Public Safety Director; Thomas Ferber, City Clerk; Al Payne, Community Services Manager; and Corrine Thomson, Assistant City Attorney. Regular City Council to approve the minutes of the 11. 1996: and the minutes of the Special City Council Meetina of March 18. 1996. Connie McDonald, 6400 15th Avenue, a member of the Human Rights Commission, encouraged residents to submit nominations to the Commission for the Gene and Mary Jacobsen Outstanding Citizen of the Year Award. Bill Bullock, 7121 Knox Avenue, Friends of Wood Lake (FOWL) Board, invited the public to celebrate the 25th Anniversary of Wood Lake by attending the FOWL Dinner April 26 at the VFW featuring Mike Lynch from as emcee and the Swinging Ambassadors. Connie and Larry McDonald, 6400 15th Avenue, stated safety concerns regarding traffic and recent accidents on 64th Street. They requested that the City consider installation of stop signs. City Manager Prosser stated that the Traffic Control Committee will review this request and report their recommendations within 30 days. Jane Myre, 7033 Oliver Avenue, Advisory Board of Health member, made available Stop the Violence stickers as part of the Richfield Coalition Against Family Violence program initiative. Council Member Rosenberg recognized students Susan Anderson and Marshall Pearson for their talent and creativity in submittal of the award winning posters in the Richfield Coalition Against Family Violence Poster Contest. She stated the posters will be framed for display and that U.S. Savings Bonds were awarded to the students. Susan Anderson was in attendance for the presentation. A video of a television public service announcement regarding domestic violence was also shown. APPROVED RESOLUTION AUTHORIZING COOPERATIVE AGREEMENT WITH MINNESOTA DEPARTMENT OF TRANSPORTATION FOR STATE SHARE OF COSTS OF CONSTRUCTION ENGINEERING SERVICES FOR PHASE II LANDSCAPE PROJECT ON 77TH STREET C.L. 81 NO. 8334 RESOLUTION AUTHORIZING APPROVAL OF COOPERATIVE AGREEMENT NO. 74668 WITH THE STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION REGARDING THE 77TH STREET PROJECT This resolution appears as Resolution No. 8334 in Resolution Book No. 66. APPROVED BID MINUTES/TABULATION AND AWARD OF CONTRACT FOR 1996 REMOVAL OF DISEASED TREES ON PRIVATE PROPERTY TO ARPS TREE SERVICE IN TOTAL ESTIMATED AMOUNT OF C.L. 82 APPROVED PURCHASE IN EXCESS OF $5,000 TO LEASE ONE EZ-60 UTILITY VEHICLE FOR USE BY ICE ARENA, POOL AND MINI GOLF FACILITIES IN AMOUNT OF $5366.16 C.L. 83 APPROVED PURCHASE IN EXCESS OF $5,000 FOR REPAIR OF 1995 FORD CROWN VICTORIA SQUAD CAR FROM B&U AUTO BODY IN AMOUNT OF C.L. 84 APPROVED PURCHASE IN EXCESS OF $5,000 FOR PAVEMENT MANAGEMENT SYSTEM SOFTWARE, SETUP AND SUPPORT FROM BRAUN IN AMOUNT OF $14,700 C.L. 85 APPROVED PURCHASE IN EXCESS OF $5,000 FOR GLOBAL POSITIONING SYSTEM FROM MEASURING SYSTEM IN AMOUNT OF $10,595 C.L. APPROVED FINAL PAYMENT FOR CONSTRUCTION OF SHELTER BUILDING AT WASHINGTON PARK, CP897; C.K.C. CONSTRUCTION, INC.; APPROVED ESTIMATE AND FINAL PAYMENT FOR REDEVELOPMENT OF WELL E.H. RENNER SONS; Council Meeting Minutes March 25. 1996 S/Priebe the consent tion 5 City Manager Prosser reviewed Council Letter No. 87 regarding consideration of the appeal of of a decision made by the Community Development Director requiring to amend the planned unit development plan/final development plan development (PUD) must be amended before a veterinary clinic can be opened at that location. Mr. Beck stated that the zoning ordinance identifies veterinary clinics as one of the specifically identified permitted retail uses in the C-2 district. He stated that the PUD ordinance does not require a PUD amendment to establish a permitted use, or to change that the kennel license for veterinary services at Pet Food Warehouse was in compliance with zoning requirements. Mr. Beck stated he had reviewed the files for every commercial PUD in the City and found that the City has never required a PUD amendment to establish a permitted use where no changes in the site plan were proposed. He stated the PUD as floor ordinance only requires a PUD amendment where there are certain changes such has area, separation of buildings, setbacks, parking, and site plan. He indicated the City change the number of parking spaces, the site plan, or landscaping. Council Member Sandahl stated that when this PUD originally came before the have major Council,was his understanding that the issue of the veterinary clinic would it review and it was his impression that an amendment to the PUD would be required for a veterinary clinic.He stated that it was clear that a veterinary clinic was not part of the PUD approval of that development at that time. City Attorney Thomson discussed the transcript of that meeting which recollection, but she indicated that the ordinance provides what authority the staff and Council have to require someone to come back for an amended PUD. City Attorney Thomson, responding to Mr. Beck’s comments, stated that a veterinary clinic is a permitted use in a C-2 district, but that this is a PC-2 district.She stated under the PUD ordinance of the City, all uses for a PC district are approved by approval of a final development plan and conditional use permit. She stated there are no “permitted” uses in a PUD district, they are all allowed by conditional use permit. She stated that the ordinance talks about allowable uses and that there is a distinction between “allowable” She stated the PUD ordinance requires that a final development plan and “permitted”. show the use and the area of every use in the approved PUD. She stated that in this case the use was shown as and it was the Council’s specific understanding that this did not include a veterinary clinic.She stated that it is the City’s position that the conditions listed in the ordinance that require a PUD amendment is not exclusive and that the Council or staff may require an amended PUD wherever it finds that the proposed use is not consistent with the development plan that was approved by the Council. City Attorney Thomson stated that a shopping center over 50,000 square feet is a conditional use in a PC-2 district. She stated that there is some question as to whether there should have been an amended PUD required for the Pet Food Warehouse request but she had to look back at the original PUD. She stated that even if staff made an error in interpreting the ordinance in one instance, it would not preclude them from enforcing the ordinance. She stated that staff, in consultation with the City Attorney’s had recommended that the applicant should be required to apply for an amended PUD. She stated that the Council must not act capriciously nor arbitrarily when considering that amended PUD when it comes back to them. She stated it may be possible for the Council to place conditions on that use, however, if Mr. Beck’s interpretation is correct the Council would have no authority to attach conditions on that use. Council Member Priebe asked if conditions could be attached to the granting of the kennel license. City Attorney Thomson indicated that they could do so, but this issue goes beyond the issue of the clinic, since in some cases the zoning is the only opportunity for the Council to place appropriate conditions and to put together a development that is harmonious in its uses, therefore the City is not looking at this issue narrowly since it may have a bearing on other situations. Council Member Priebe asked if the City Attorney is in effect repudiating Mr. Drill’s City Manager Prosser stated that after the letter went out, the City clarified the intention of the City and corrected that initial interpretation. Council Member Susag asked about the affect of denial or approval of this request. City Attorney Thomson stated that if the Council grants the appeal and reverses the of the Community Development Director, then no further zoning review is decision required and the Council would just need to take action on the kennel license. She stated regarding the need answered questions for an extraordinary majority vote on the issue of an amended PUD if it comes before the Council. Peter Beck, Doherty, Rumble Butler, P.A., reviewed the historical reasons why went forward with assumption that the clinic would be permitted and stated that the issue should be addressed tonight so that other will not be adversely impacted by denial of this request. He stated conditions on the kennel license would be appropriate. Dr. Robert Dietl, 6837 Newton Avenue, owner of the Veterinary Hospital, stated questions and concerns about the Planning Commission public hearing scheduled for March 26 on the request of for amended PUD for the veterinary clinic. was concerned about the ability of the public to have input if this clinic is approved tonight and the relationship of this action to the Planning Commission meeting. City Manager Prosser indicated that the applicant had taken a dual track on this issue by both getting an interpretation tonight as to whether it would need an amended PUD PUD and at the same time applying for the amended in case the decision was to require it. He stated that is why it is scheduled for the Planning Commission tomorrow and that as with any applicant, Mr. Beck would have the right to withdraw that application if not required. to close the public Council Member Priebe stated that approval of kennel licenses for the grooming services at Pet Food Warehouse and have been granted without any involvement with zoning or conditional use permits. He stated both a veterinary clinic and if there grooming services both bring in animals supporting Mr. Beck’s position. He asked for one and not another. zoning change and conditional use permit City Attorney Thomson stated that a grooming service is incidental to the retail use. her judgment because it has a She stated the veterinary clinic can be distinguished in case Council Member Priebe stated concern that the City doesn’t have a very good because of inconsistency in its course of action. further input from the public at the Planning Commission hearing. He stated he would support sustaining the decision of the Community Development Director. Council Member Priebe stated that it seemed that with the differing views stated in letters from Mr. Drill and Mr. Palmborg, then the Council would be supporting staff either way. changes from original uses approved by the Council. Council Member Rosenberg spoke in support of giving an opportunity for public input to the Planning Commission and to sustain the decision of the Community Development Director. Plan and Use Permit of Phase Motion carried (Priebe, Susag opposed) City Manager Prosser reviewed Council Letter No. 88 regarding a proposed charter amendment which would adopt Minnesota Statutes, Section 471.345, Subdivision 3 by reference to establish the Uniform Municipal Contracting Law as the basis for making contract purchases. He also recommended adoption of a proposed resolution relating to purchasing practices. Gordon Anderson, 7501 Elliot Avenue, Charter Commission Member, stated that the Charter Commission had reviewed the proposed Charter amendment and recommended that the City Council adopt the amendment. Book No. 66. amendment to modify the oath of office as recommended by the Charter Commission. to close the public Motion carried 5-Q. S/Rosenberg this constitute Second Readina of Bill No. 1996-6, that be published the Section 13.02 of Office. and that. Motion carried 5-O. CityManager Prosser reviewed Council Letter No. 90 regarding the establishment of just compensation and authorizing the purchase of the Conoco Petroleum property located at 7700 Lyndale Avenue to provide for the construction of a right turn lane from Council Member Susag asked how the just compensation is determined for the Community Development Director stated that a real estate appraiser determines real estate value and a fixture appraiser determines fixture value, then a review appraisal of these two determinations is done by a separate appraiser to determine the just compensation figure. He stated the process is governed by and FHWA regulations, indicating it is the same process used for prior acquisitions of property for the 77th Street Project. Council Member Priebe asked about the ownership of the remainder of the parcel which will not be utilized for the right turn lane. City Manager Prosser stated that an appraisal of the remaining parcel will determine the fair market price.He stated that the City’s municipal liquor fund will pay for the site upon which a fourth liquor store will be constructed. He stated the liquor fund would in essence reimburse Richfield’s Municipal State Aid (MSA) fund which is funding the property acquisition along with FHWA funds. Mr. Prosser stated that these MSA funds would then be available for other road projects in the City. that the following resolution be adopted. be spread in the resolution book and that it be made of these minutes; RESOLUTION ESTABLISHING JUST COMPENSATION, AUTHORIZING PURCHASE OF REAL PROPERTY Motion carried 4-l. (Priebe opposed) This resolution appears as Resolution No. 8336in Resolution Book No. 66. City Manager Prosser reviewed Council Letter No. 91 regarding a proposed City Charter amendment regarding Member attendance at Council meetings. He stated the City Council had previously referred the amendment back to the Charter Commission because the City Attorney recommended changes to avoid any potential constitutional challenges. He stated that the Charter Commission met with the City March and subsequently approved the amendment language contained in Draft Attorney Ordinance A. Mr. Prosser stated that the City Attorney has reviewed this draft and as shown in recommended additional clarification Draft Ordinance City Attorney Thomson stated that Draft Ordinance A submitted by the Charter Commission is open to two different interpretations as follows: Failure of a Council Member to attend six regular Council meetings during a six month period would automatically constitute nonfeasance. City Attorney Thomson stated that the “automatic” finding would not be upheld in court. Failure of a Council Member to attend six regular Council meetings during a six month period and a separate finding by the City Council that the nonattendance constitutes nonfeasance. City Attorney Thomson stated this interpretation is clearly more responsive to court rulings and is likely to be upheld if the finding of nonfeasance is appropriate. City Attorney Thomson stated that Draft Ordinance B includes minor revisions that would incorporate the latter interpretation. She stated the revisions are clarifications to avoid ambiguity. Section 2.05 Sub. 1 (2) after the words “As soon as it is determined” to clarify that the City Council must make the determination of nonfeasance. He also discussed that it should be clear that the other Council Members would make the decision excluding the member in question from voting on the issue. City Attorney Thomson stated the City Council could ask that the Charter Commission consider the suggested additional language. She stated that the Council Member in question could not vote on the nonfeasance since it would be a conflict of Bob Doebler, 6920 10th Avenue, member of the Charter Commission, stated that the Commission had left out the City Council determining nonfeasance so the Council would not have to make a judgment about another Council Member, it would be automatic. He stated they had discussed the language “by the Council” as was suggested, but felt it was unnecessary. of Council Member Sandahl stated that making it automatic left the electorate out the decision and does not provide for deliberative due process. that this constitute the First of AAn the City Council that the Charter Commission review and approve Draft Ordinance 1996: and. that the the language by the to 2.05 Subd. 1 that the Public Hearing and Second Reading of the ordinance be scheduled 1996 meeting. . 5 0 Don Anderson, 7204 Harriet Avenue, stated that the City Council Members were servants of the people and should not miss a meeting unless they are in the hospital. stated that Council Members should arrange their vacations so that they do not miss any meetings. City Manager Prosser reviewed Council Letter No. 92 regarding the recommendation to award a contract for Phase II 77th Street improvement project landscape and irrigation system work to Minnesota Valley Landscape, Inc. Council Member Priebe stated he had received a call from a resident who had concerns about the ability of the plant materials to survive in that environment and unhappy with the Phase I landscaping. He suggested it may be appropriate to wait to see about the survival rate on Phase I before going forward with similar plantings in Phase II. alternative. City Engineer Eastling stated that a landscape architect had designed and used plant materials with consideration of the difficult environment. He stated that the irrigation system and placement would help to increase the viability of the landscaping. Mr. Eastling stated other landscape options such as rock could be utilized, however, the adjacent residents had expressed a preference for plantings at the neighborhood meetings. S/Rosenberg to recommend an award of contract for Phase II 77th Street imorovement landscape and irriaation work to Minnesota Valley e. Inc. of Shakooee. MN for and direct the Clerk to the reauired certificate of award recommendation. Motion carried 4-l. (Priebe opposed) City Manager Prosser reviewed Council Letter No. 93 regarding the recommendation to retain Green and Abrahamson, Inc. for architectural design, preparation of construction documents and construction administration services for the expansion of locker rooms at the Richfield Ice Area. Council Member Sandahl discussed the Community Services Commission recommendation that the funding approved in the 1996 Capital Improvement Budget for parking lot improvements at Veterans Memorial Park instead be used for the locker room improvements at the Ice Arena. He suggested that staff also look at connecting the picnic shelter parking area to the ice arena parking lot. City Manager Prosser stated staff will review these issues and the potential impact of the Americans with Disabilities Act (ADA) with respect to the project. City Manager Prosser reviewed Council Letter No. 80 regarding an agreement with the State of Minnesota for the receipt of a $50,000 Mighty Ducks grant upon future approval of a qualifying project expanding the locker rooms at the ice arena. S/Rosenberg to the Citv to execute the grant agreement the State of Minnesota. Motion carried 5-O. Council Meeting Minutes approval of a Stipulation of Settlement of a workers’ compensation claim. Administrative Services Director responded to questions regarding the amount in the Stipulation for Settlement, attorneys fees, and payment to Group Health, in the amount of to approve the Stipulation for Settlement Health. Inc. claim to reimbursement. City Manager Prosser reviewed Council Letter No. 95 regarding consideration of an application for a new commercial kennel license to operate a veterinary clinic for A Caring Doctor (Minnesota) P.A. in the name of Pet Hospital and Health Center, 1100 West 78th Street. Peter Beck, Doherty, Rumble and Butler, P.A. representing Petsmart, stated that the kennel license will be held by A Caring Doctor (Minnesota) P.A. which, through will lease the clinic space from Petsmart. A Caring Doctor’s representative in this matter is John Knapp, who has submitted the application for a kennel license and can addressissues specifically related to the corporate organization of ACaringDoctor and its compliance with the Minnesota Rules for Veterinary Clinics. He indicated that the corporate organization of the applicant complies in all respects with state law, and that the City Department of Public Safety has confirmed this. Mr. Beck stated that the proposed full service veterinary clinic will be different than the intermittent “wellness clinic” He stated the clinic will offer high quality full proposed for Pet Food Warehouse. service veterinary medicine on an appointment basis. He stated expects to have two Minnesota licensed veterinarians on site with a maximum of 28 appointments on a busy day. March 25, 1996 veterinary clinic is separate from the main entrance to Petsmart, and the clinic space is separated from the retail areas of Petsmart.He reviewed a drawing of the floor plan showing the clinic space and the location of the separate entrances. Mr. Beck indicated that clinics are very common tenants in strip shopping centers throughout the Twin Cities area, including the Veterinary Hospital. He indicated virtually all of 270 locations across the country, including the five new locations in the Twin Cities, are in large “power center” strip shopping centers. He stated that to ensure that the customer has a good experience, and its landlords around the country have strict requirements for policing parking areas for animal waste because it is in the best interest of the shopping center and to do so. Mr. Beck stated there have been concerns expressed about safety within the store when customers shop with their pets. He suggested that although a legitimate concern, this issue is not related to the clinic because the clinic will have a separate entrance at the front of the store.He stated pets will be allowed in the store and virtually every other retail store in the City whether or not there is a veterinary clinic next door. Mr. Beck noted that trains its employees and provides equipment, including water bottles and blankets, to deal with incidents between pets. He stated Petsmart’s experience has been that this training and equipment are seldom required indicating that the past six years has averaged fewer than 30 incidents per year He reported to its insurance company. stated that the proposed clinic meets the standards for issuance of a kennel license. Council Member Susag asked if there had been any incidents in the parking lot at Pet Food Warehouse resulting from their grooming service. Public Safety Director Erskine stated he was not aware of any problems. Public Safety Director Erskine responded to questions regarding options for addressing problems with a licensed location including various sanctions, revocation, and stipulations. . . to a commercial kennel license for services of Pet poses only to A Caring (Minnesota) P.A. the name Motion failed 2-3. Sandahl, Rosenberg opposed) Council Member Sandahl stated he has public safety concerns regarding issuing this license for that location and he had heard nothing that had changed those concerns. Fact to City Attorney Thomson stated that the Council should direct that Findings of . . S/Rosenberg to direct the City Attorney to prepare of Fact for . . . . carried 3-l. (Priebe opposed, Susag abstained) S/Rosenberg the apoointment of the followina Janet Pierson January Advisory Board of Health Robert (Tom) Loweth January 31, 1999 Community Services Commission Bounna Chhun January 31, 1999 Human Rights Commission Anthony January January 31, 1999 Charles Friendship CommissionJanuary 31, 1999 Dayle Erickson January Kathi Krake January City Manager Prosser reviewed the status of the City’s concerns about inadequacy of the Dual Track Draft Environmental Impact Statement (DEIS). City Manager Prosser reviewed the current status of the following legislative issues: Airport noise mitigation legislation has passed which will extend for one year the ¦ requirement that the MAC allocate a portion of their capital improvement budget to off site sound mitigation programs. March 25, 1996 Council Meeting Minutes Airport Community Protection Concepts legislation to provide tools for redevelopment and modification of the “This Old House” qualifications is in conference committee. beneficial to Richfield. a Legislation that would impose a property tax freeze would have negative impact on the ability of the City to maintain existing services. Council Member Susag encouraged residents to submit nominations for the Gene Mary Jacobsen Outstanding Citizen Award to the Human Right Commission. Council Member Susag summarized legislation that would revise the method used by the Metropolitan Council for billing sewer charges. Council Member Rosenberg stated concern about the impact on the adjacent residential properties in Richfield of a proposed Cub Food Store to be located between York Avenue and Xerxes Avenue in Edina near 68th Street. She suggested City staff monitor the proposal especially regarding buffer and traffic issues and keep residents of the neighborhood informed about the proposal. City Manager Prosser stated City staff has been in contact with Edina regarding this issue and a meeting has been scheduled to discuss this proposal. He stated city staff will attend the public hearing. Discussion followed regarding the compatibility of comprehensive plans of adjoining communities. Mayor stated that Council Member Rosenberg and he had testified on behalf of Richfield at the Metropolitan Council Transit Operations (MCTO) hearing on the proposed reduction of bus routes. Checks: 20827-20870; Checks: 8978 Payroll: 92770-94078; 94340-94584 5 The meeting was adjourned by unanimous consent at p.m. Date Approved: Mayor Martin J. James D. Prosser Thomas P. Ferber City Manager City Clerk