03-23-04 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
March 23, 2004
The meeting was called to order by Mayor Kirsch at 6:30 p.m.
Members Present:
Martin Kirsch, Mayor; Sue Sandahl, Susan Rosenberg; and Gertrude
Ulrich.
John Enger.
Samantha Orduno, City Manager; Dan Scott, Public Safety Director; Mike
Eastling, Public Works Director; Bruce Palmborg, Community
Development Director; Jim Topitzhofer, Recreation Services Director;
Chris Regis, Finance Manager; Pam Dmytrenko, Assistant to City
Manager; Cheryl Krumholz, Recording Secretary; and Corrine Thomson,
City Attorney.
M/Rosenberg, S/Ulrich to determine the absence of Council Member Enger as an excused
absence.
Members
Not Present:
Staff Present:
Motion carried 4-0.
No one was registered to speak.
Mayor Kirsch led the audience in the Pledge of Allegiance.
M/Sandahl, S/Ulrich to approve the minutes of Regular City Council Meeting of March 9.
2004.
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March 23, 2004
Motion carried 4-0.
Item #1
Sally Parsons, representative for the Tri-City Partners for Healthy Youth and Communities,
requested the City Council endorse the "Together We Stand" ad campaign which urges parents
and community leaders to take an active role in preventing underage drinking and alcohol use in
Richfield.
M/Rosenberg, S/Kirsch to approve and endorse the "Together We Stand" ad campaign for
2004 which urges parents and community leaders to take an active role in preventing underage
drinking and alcohol use in the Richfield community.
Motion carried 4-0.
Item #2
This item was postponed to follow Item 10 because not all Minnehaha Creek Watershed
District representatives were present earlier.
Public Works Director Eastling explained the effects of proposed Rule M buffers on Milner
and Norby Ponds.
Eric Evenson, Minnehaha Creek Watershed District representative, provided history of the
establishment of the district, metro water management law, wetland protection ordinance and
buffers. He explained the background for the proposed Rule M which is based upon the quality of
wetland and that the size of the buffer has been controversial.
Pam Blixt, Minnehaha Creek Watershed District representative, stated the proposed Rule M
.buffer is a reduction from the existing Rule. If a variance is needed, the district has been flexible
and she wasn't sure if Richfield properties would trigger the buffer rule.
Council Member Sandahl asked if a buffer would be needed if a porch improvement on the
front of a house on one of the ponds was made.
Mr. Evenson said a buffer is needed if there is a 500 square foot improvement.
Council Member Sandahl expressed grave concerns for the proposed rule and the need for
variances in developed communities. Richfield has wetlands (Veterans Memorial Park of Richfield
and Wood Lake Nature Center) already. The City does not want to discourage residents from
making home improvements.
City Manager Orduno stated there have been class action suits in California of land takings
by watershed districts and government entities have not fared well.
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March 23, 2004
Mr. Evenson replied that the land taking issue was reviewed when the first buffer ordinance
was established and he believes this n.J1!3.:d~()J.Jlp meetJaking a challenge successfully but the
question is the cost to fight the suits.""'-- .' ...... '.
Jim Hafner, Minnehaha Creek Watershed District Executive Director, explained how the
buffer rule is triggered - if 5,000 square feet is disturbed or 50 cubic yards is excavated.
Council Member Sandahl asked about the other properties that drain into the ponds but do
not abut the ponds.
Mr. Evenson stated the district board is discussing the application of the rule for areas
draining into the pond. He said advantages to the buffer is beyond water quality aspects and
include wildlife and natural habitat.
Council Member Sandahl asked about setting a policy to provide variances for current
developments and new developments. She said it makes sense for new developments to comply.
Mr. Evenson stated undeveloped areas need to be reviewed. He added the Builders
Association disagrees with the watershed district.
Mr. Hafner explained the need for water quality treatment in redevelopment areas.
Council Member Rosenberg asked about the criteria for a variance.
Mr. Hafner stated it is based upon the function of the wetland not the size. There is
different criteria for different wetlands.
Council Member Sandahl said the rule as it now stands will create havoc and each case
should be reviewed individually and the neighborhood as a whole.
Council Member Sandahl stated the RBWMO is not doing the same as the Minnehaha
Creek Watershed District so this is not the only way to do things.
Council Member Ulrich stated the district should anticipate big legal problems.
Ms. Blixt stated she offered to the district a rule that impacts undeveloped areas, but that
offer did not move forward. She said a variance process is in place with the 1996 rule.
M/Sandahl, S/Ulrich to direct staff to notify the homeowners who live on Norbv and Milner
Ponds of the proposed buffer rule and the next district meetinq on April 8 at 6:45 p.m. at
Minnetonka Community Center.
Motion carried 4-0.
Item #3
Council Member Rosenberg announced the Academy of Holy Angels boys varsity basketball
team won their section championship and will advance to the State tournament.
Council Member Rosenberg announced the Peterson Family Benefit Concert which benefits
the Richfield Foundation and the Richfield Summer Playground Program.
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March 23, 2004
Council Member Rosenberg commended the Human Rights Commission on the success of
Richfest.
Council Member Ulrich, as a member of the Noise Oversight Committee (NOC), provided a
detailed history regarding Minneapolis-St. Paul airport growth, flight forecasting, deregulation, Part
150 program, dual track process, noise contours. She said the noise contour lines and the type of
home insulation assistance that should be received will be discussed at the next NOC meeting.
Assistant to the City Manager Dmytrenko reported on it being time for the necessary decision
making to come to agreement on insulating the homes to the 60 DNL noise contour. NWA is not in
agreement to go beyond the 65 dnl. The proposed compromise being considered by the community
representatives for the NOC includes a 5 dB reduction out through the 62 DNL and a reimbursement
up to $13,5000 for qualified mitigation improvements to homeowners in the 61 and 60 DNL.
Council Member Ulrich stated she was not seeking a City Council motion because the
situation is too fluid but rather obtaining the City Council agreement and support in negotiations for a
compromise. It is important for the affected communities to be in agreement. She said the MAC
would adhere to the 1996 pledge, but NWA would not.
Mayor Kirsch stated that NWA signed the 1996 agreement and they should be held to the 60
dnl.
The City Council agreed to support a certain amount of negotiation to obtain the best noise
insulation package.
Council Member Sandahl said a compromise needs to be reached or possibly no one would
be helped.
Council Member Ulrich said a concern is that the NOC will implode and MAC will be left with
nothing.
Council Member Sandahl announced the March 24 neighborhood open house regarding the
Cedar Corridor Redevelopment Planning.
Council Member Sandahl announced the March 29 Richfield High SchoolNFW concert which
is a musical scholarship fund raiser.
Council Member Ulrich stated the FAA is continuing to pursue low frequency noise (LFN)
studies, but MAC staff is not including that as part of the Part 150 update. She said that as a NOC
member, she is preparing an amendment to the Part 150 update to re-insert LFN monitoring and
support into the Part 150 update.
Item #4
City Manager Orduno reported on the recent meeting with Congressman Sabo and the FAA in
Washington D.C. regarding the national LFN study and the need to correct flaws in the previous study
done by Richfield. She said the Center of Excellence includes members of industries such as NASA
and Wyle Labs, as well as universities. The Center will be conducting the study, but MSP may not be
the Airport of Record because LFN is considered too controversial in the community.
City Manager Orduno stated Professors from MIT and Penn State will be in Richfield on
March 30 to meet with residents and tour the City.
Council Member Sandahl suggested a representative from Congressman Sabo's office also
be invited.
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March 23, 2004
Item #5
M/Rosenberg, S/Sandahl to approve the agenda.
Motion carried 4-0.
Item #6
A. Approved request from State of Minnesota to authorize new currency exchange license for
Unbank Company, LLP, 6421 Penn Avenue S.R. No. 51
B. Approved purchase of new 2004 Ford Explorer as Police Reserve vehicle from Wick Ford in
amount of $20,919 S.R. No. 52
M/Rosenberg, S/Sandahl to approve the Consent Calendar.
Motion carried 4-0.
Item #7
None.
Item #8
Council Member Ulrich presented Staff Report No. 53 regarding a new 2004 on-sale
intoxicating and Sunday liquor licenses for Lavilla Restaurante Mexicano, 1120 East 66th Street.
Council Member Sandahl reminded the restaurant owners to not sell alcohol to minors.
M/Rosenberg, S/Ulrich to close the public hearing.
Motion carried 4-0.
M/Ulrich, S/Rosenberg to approve the request for new 2004 on-sale intoxicating and
Sunday liquor licenses for LaVilla Restaurante Mexicano. 1120 East 66th Street.
Motion carried 4-0.
Item #9
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March 23, 2004
Council Member Ulrich presented Staff Report No. 54 regarding a new on-sale wine and
3.2 percent malt liquor licenses for Pu'hket Thai Restaurant, 6345 Penn Avenue.
M/Rosenberg, S/Ulrich to close the public hearing.
Motion carried 4-0.
Council Member Ulrich expressed concern regarding the establishment's Assistant
Manager's arrest and conviction on two different occasions for fourth degree driving while
impaired, in 1997 and 2002. She said the City Attorney has advised that the City Council has
broad discretion on issuing or denying a liquor license.
Varouna Chanthalakeo, Pu'hket representative, said the person with that record was not
present.
Public Safety Director Scott said the person with the violation is an owner of the restaurant.
City Attorney Thomson said her prior knowledge was that the person with the violation was
an Assistant Manager and a prior driving violation may not be sufficient grounds to deny the
license. She said the license was not considered in light of the person being an owner of the
business and she requested a further review because of the concern that the business needs to
comply with liquor laws.
Council Member Ulrich said this was a serious matter and the City Council wanted to be fair
so suggested deferring action to the April 13 City Council meeting to allow time for further review
by the City Attorney to clarify ownership and management interests of the individuals.
M/Ulrich, S/Rosenberg to defer consideration of the new on-sale wine and 3.2 percent malt
liquor licenses for Pu'hket Thai Restaurant. 6345 Penn Avenue South to the April 13 City Council
meeting.
Motion carried 4-0.
Item #10
Council Member Sandahl presented Staff Report No. 55 regarding disciplinary hearings and
consideration of resolutions regarding civil enforcement for alcohol establishments in Richfield that
recently underwent alcohol compliance checks conducted by Richfield Public Safety staff and
failed by selling alcohol to underage youth.
M/Rosenberg, S/Sandahl to close the public hearings.
Motion carried 4-0.
Davanni's - 2312 West 66th Street - James (did not sign register) admitted the violation occurred
and stipulated to the suspension and civil penalty.
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March 23, 2004
M/Sandahl, S/Rosenberg that the following resolution be adopted. that it be spread in the
resolution book and that it be made partofthese minutes:,
RESOLUTION NO. 9444
RESOLUTION SUSPENDING THE ON-SALE 3.2 PERCENT INTOXICATING MALT LIQUOR
LICENSE FOR DAVANNI'S, 2312 WEST 66TH STREET SOUTH, AND IMPOSING A CIVIL
PENALTY FOR FIRST TIME ALCOHOL COMPLIANCE FAILURE
Motion carried 4-0. This resolution appears as Resolution No. 9444 in Resolution Book No.
75.
Frenchman's - 1400 East 66th Street - Christine Blake challenged the alleged violation because
the server is pleading not guilty in court and the establishment is awaiting the court's decision.
M/Sandahl, S/Rosenberg to defer action on Frenchman's civil enforcement to a future City
Council meeting.
Motion carried 4-0.
Kwik Way Foods - 7701 Portland Avenue - Dinesh Tandon admitted the violation occurred and
stipulated to the suspension and civil penalty.
M/Sandahl, S/Rosenberg that the following resolution be adopted. that it be spread in the
resolution book and that it be made part of these minutes:
RESOLUTION NO. 9446
RESOLUTION SUSPENDING THE OFF-SALE 3.2 PERCENT INTOXICATING MALT LIQUOR
LICENSE FOR KWIK WAY FOODS, 7701 PORTLAND AVENUE SOUTH, AND IMPOSING A
CIVIL PENALTY FOR FIRST TIME ALCOHOL COMPLIANCE FAILURE
Motion carried 4-0. This resolution appears as Resolution No. 9446 in Resolution Book No.
75.
Ketsana's - 7545 Lyndale Avenue - no representative present. Public Safety Director Scott
stated Ketsana's notified him that they admitted the violation occurred and stipulated to the
suspension and civil penalty. He said alcohol has been removed from the establishment.
M/Sandahl, S/Rosenberg that the following resolution be adopted. that it be spread in the
resolution book and that it be made part of these minutes:
RESOLUTION NO. 9447
RESOLUTION SUSPENDING THE ON-SALE WINE AND 3.2 PERCENT MALT LIQUOR
LICENSES FOR KETSANA'S, 7545 L YNDALE AVENUE SOUTH; AND IMPOSING A CIVIL
PENALTY FOR SECOND TIME ALCOHOL COMPLIANCE FAILURE
Motion carried 4-0. This resolution appears as Resolution No. 9447 in Resolution Book No.
75.
Superamerica - 7720 Nicollet Avenue - Clifford Floischmann, Jr. and John Saranzak admitted the
violation occurred and stipulated to the suspension and civil penalty.
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March 23, 2004
M/Sandahl, S/Rosenberg that the following resolution be adopted. that it be spread in the
resolution book and that it be made part of these minutes:
RESOLUTION NO. 9448
RESOLUTION SUSPENDING THE OFF-SALE 3.2 PERCENT INTOXICATING MALT LIQUOR
LICENSE FOR SUPERAMERICA, 7720 NICOLLET AVENUE SOUTH; AND IMPOSING A CIVIL
PENALTY FOR SECOND TIME ALCOHOL COMPLIANCE FAILURE
Council Member Rosenberg stated she was unable to understand why gas stations that
deal directly with driving sell liquor.
Mr. Saranzak replied the situation was similar to restaurants that sold alcohol. He
questioned the timing between violations and the civil penalty.
Public Safety Director Scott stated the timing will be clarified and amended if appropriate.
The City Council indicated approval of an amended resolution if deemed appropriate.
Motion carried 4-0. This resolution appears as Resolution No. 9448 in Resolution Sook No.
75.
Chi-Chi's Restaurant - 7717 Nicollet Avenue - Randy Keim and Michael Sleeman admitted the
violation occurred and stipulated to the suspension and civil penalty. Mr. Sleeman requested the
violation be reduced from a third to a second offense because the restaurant has been improved.
Public Safety Director Scott clarified that the request to a reduced violation is not due to
incorrect timing but rather because the business operation's environment has improved.
City Manager Orduno stated that when resolution addressing violations was changed to
assist in distributing equity for establishments doing a good job and not to amend consequences
on grant special circumstances.
Public Safety Director Scott said the new violation timeline is incorporated into this violation.
M/Sandahl, S/Rosenberg that the following resolution be adopted. that it be spread in the
resolution book and that it be made part of these minutes:
RESOLUTION NO. 9449
RESOLUTION SUSPENDING THE ON-SALE INTOXICATING AND SUNDAY LIQUOR
LICENSES FOR CHI-CHI'S RESTAURANT, 7717 NICOLLET AVENUE SOUTH, AND IMPOSING
A CIVIL PENALTY FOR THIRD TIME ALCOHOL COMPLIANCE FAILURE
Motion carried 4-0. This resolution appears as Resolution No. 9449 in Resolution Sook No.
75.
Phillips 12th Avenue Station -7744 12th Avenue - no representative present. Public Safety
Director Scott stated he had received no information regarding a representative being present.
M/Sandahl, S/Rosenberg thatthe following resolution be adopted. that it be spread in the
resolution book and that it be made part of these minutes:
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March 23, 2004
RESOLUTION NO. 9445
RESOLUTION SUSPENDING THE'5'FF~SALE3.2 PERCENT INTOXICATING MALT LIQUOR
LICENSE FOR PHILLIPS 12TH AVENUE STATION, 7744 12TH AVENUE SOUTH, AND
IMPOSING A CIVIL PENALTY FOR FOURTH TIME ALCOHOL COMPLIANCE FAILURE
Motion carried 4-0. This resolution appears as Resolution No. 9445 in Resolution Book No.
75.
Council Member Sandahl asked if the prior or new owner of the Phillips station bore the
penalty.
Public Safety Director Scott stated the licensee or prior owner.
Item #11
Council Member Rosenberg presented Staff Report No. 56 regarding a second reading of a
transitory ordinance vacating drainage and utility easement for proposed Aldi grocery store at 6300
Penn Avenue.
M/Rosenberg, S/Sandahl to close the public hearing.
Motion carried 4-0.
M/Rosenberg, S/Sandahl that this constitutes the second reading of Bill No. 2004-2.
Transitory Ordinance 18.27 vacating a public drainage and utility easement at 6300 Penn Avenue.
in the former right-of-way of the 6300 block of Queen Avenue. that it be published in the official
newspaper and that it be made part of these minutes.
Motion carried 4-0.
Item #12
Council Member Sandahl presented Staff Report No. 57 regarding a second reading of
amendments to Richfield Zoning Code Sections 506 and 526 and Richfield City Code Section 920
to create regulations for firearms related uses.
Council Member Sandahl stated this item should be tabled to allow time for review and
clarification of the minimum standards for buildings used for firearms activities.
M/Sandahl, S/Rosenberg to table the amendments to Richfield Zoning Code Section
506.07 Subdivision 32 and 526.27 Subdivision 19 and to the Richfield City Code Sections 920.01
Subdivision 4: 920.03 Subdivisions 1. 7 and 8: and 920.11 Subdivision 4(b) to create regulations
for firearms related uses to April 27. 2004.
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March 23,2004
Motion carried 4-0.
Item #13
Council Member Rosenberg presented Staff Report No. 58 regarding a second reading of a
transitory ordinance providing funding for certain capital improvements from the Special Revenue
Fund.
Eric Mayo, 7301 11th Avenue, questioned if the funds were from the budget or by issuance
of general obligation bonds.
Finance Manager Regis explained that the source of Special Revenue funds are municipal
liquor profits, no bonding is involved.
M/Rosenberg, S/Sandahl to close the public hearing.
Motion carried 4-0.
M/Rosenberg, S/Sandahl that this constitutes the second reading of Bill No. 2004-3.
Transitory Ordinance 18.28 providing for the expenditure of funds from the Special Revenue Fund
for certain capital improvements. that it be published in the official newspaper and that it be made
part of these minutes.
Motion carried 4-0.
Item #14
M/Rosenberg, S/Sandahl that the following claims and payrolls be approved:
RICHFIELD BANK & TRUST co.
AlP Checks: 130582 - 130888
PAYROLL 37769 - 37879
TOTAL
$ 988,583.31
$ 440,758.34
$ 1,429,341.65
Motion carried 4-0.
John Garry, HSSC Executive Director, distributed a brochure related to Familink and stated
he would return at a future City Council meeting to address the City Council.
Council Meeting Minutes
Item #15
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Recording Secretary
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March 23, 2004