04-26-99 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
April 26, 1999
CALL TO ORDER
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.
ROLL CALL
Members Present:Martin Kirsch, Mayor; Sue Sandahl; Susan Rosenberg; Russ Susag;
and Kristal Stokes.
Staff Present :Steven Devich, Acting City Manager; Thomas Ferber, City Clerk;
Bruce Palmborg, Community Development Director; Dan Scott,
Public Safety Director; Mike Eastling, Public Works Director; Jim
Topitzhofer, Recreation Services Director; William Fillmore, Liquor
Operations Director; and Corrine Thomson, City Attorney.
APPROVAL OF MINUTES
M/Susag, S/Stokes to approve the minutes of the Regular City Council Meeting of
April 12, 1999.
Motion carried 5-0.
Council Meeting Minutes-2-April 26, 1999
Item #1PRESENTATION FROM KATHLEEN ANDERSEN FROM CONGRESSMAN
MARTIN SABO'S OFFICE.
Kathleen Andersen, District Office Director for Congressman Martin Sabo, reviewed
the constituent services available to Richfield residents including the following:
x
Assistance in dealing with Federal agencies
x
Access to information - bills, legislation, and documents
x
Application and recommendation for military academies
x
Minnesota Messages - communicate opinions to Congressman Sabo
x
White House tour tickets
x
For assistance call the District Office at 664-8000
Item #2PRESENTATION OF PROCLAMATION DESIGNATING NATIONAL
DRINKING WATER WEEK, MAY 2-8, 1999.
Public Works Director Eastling invited residents to attend the Richfield Water Plant
Open House on May 1 from 9:00 a.m. - 3:00 p.m. He announced that the City has
produced the Consumers Confidence Report regarding the quality of the City's water and it
will be sent out this week.
Council Member Susag read and presented a proclamation to Water Plant
Supervisor Judy Bergren designating the week of May 2-8, 1999 as National Drinking
Water Week in the City of Richfield.
Item #3PRESENTATION OF PROCLAMATION DESIGNATING NATIONAL PUBLIC
WORKS WEEK, MAY 16-22, 1999.
Public Works Director Eastling discussed the special efforts of the Public Works
Department regarding cleanup from the 1998 storms.
Council Member Rosenberg read and presented a proclamation to Public Works
Worker Dave Schrick designating the week of May 16-22, 1999 as National Public Works
Week in the City of Richfield.
Item #4PRESENTATION OF PROCLAMATION DESIGNATIONG MAY 1999 ARBOR
MONTH AND MAY 16, 1999 AS ARBOR DAY IN RICHFIELD.
Council Meeting Minutes-3-April 26, 1999
Public Works Director Eastling introduced Senior Clerk Typist/Forester Ray
Wroblewski who had received training in forestry and who will respond to resident
questions regarding forestry issues.
Council Member Sandahl read and presented a proclamation to Senior Clerk
Typist/Forester Ray Wroblewski designating May 1999 as Arbor Month and May 16, 1999
as Arbor day in the City of Richfield.
Item #5OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL ON
ANY ITEM NOT LISTED ON THE AGENDA.
Acting City Manager Devich introduced new Recreation Services Director Jim
Topitzhofer.
Item #6 COUNCIL APPROVAL OF AGENDA
M/Susag, S/Stokes to approve the agenda.
Motion carried 5-0.
Item #7 CONSENT CALENDAR
Acting City Manager Devich requested that consent calendar item 7B. be removed
from the agenda and rescheduled for consideration at the May 10 City Council Meeting.
Council Member Sandahl requested that Consent Calendar Item 7D. be removed
from the consent calendar.
Mayor Kirsch stated that Consent Calendar Item 7D. would be removed from the
consent calendar and placed on the regular agenda for consideration as Item 11A.
A.APPROVED OFF-STREET PARKING PERMIT FOR 6500 PENN AVENUE TO
ALLOW BUILDING ADDITION C.L. 86
B.Removed from the agenda and rescheduled for consideration at the May 10, 1999
City Council meeting.
Council Meeting Minutes-4-April 26, 1999
C.APPROVED RESOLUTION HOLDING HARMLESS STATE OF MINNESOTA
REGARDING REQUEST FOR VARIANCE TO RULES OF MUNICIPAL STATE
AID DIVISION OF MINNESOTA DEPARTMENT OF TRANSPORTATION
RELATED TO TRAFFIC SIGNALS AT 64TH STREET AND PORTLAND AVENUE
C.L. 88
RESOLUTION NO. 8696
This resolution appears as Resolution No. 8696 in Resolution Book No. 69.
D.Removed from the consent calendar and placed on the regular agenda for
consideration as Item #11A.
E.APPROVED INTERAGENCY AGREEMENT CONCERNING GOVERNANCE OF
LOCAL COLLABORATIVE TIME STUDY FUNDS GENERATED BY CITY OF
BLOOMINGTON THROUGH HEALTH DIVISION WHILE PERFORMING
SERVICES FOR BLOOMINGTON, EDINA AND RICHFIELD C.L. 90
F.APPROVED COMMUNITY CELEBRATION EVENT LICENSE WITH FEE WAIVER
FOR CINCO DE MAYO CELEBRATION ON MAY 1 AND MAY 2, 1999 AT TAFT
PARK C.L. 91
M/Susag, S/Stokes to approve the consent calendar as amended.
Motion carried 5-0.
Item #8INITIAL DISCIPLINARY APPEARANCE FOR RICHFIELD
ESTABLISHMENTS THAT SOLD ALCOHOL TO UNDERAGE YOUTH AND
CONSIDER APPROPRIATE RESOLUTION FOR EACH ESTABLISHMENT.
C. L. NO. 92
Acting City Manager Devich reviewed Council Letter No. 92 regarding the
disciplinary appearance for Richfield establishments that sold alcohol to underage youth
during alcohol compliance checks conducted by the Public Safety Department. He
recommended that the City Council take the following actions:
x
Provide each affected licensee the opportunity to admit the violation and stipulate to
the suspension and civil penalty or to request a contested case hearing.
x
For each establishment that admits the violation, adopt a resolution suspending the
establishment's licenses to sell alcohol for two consecutive days and levying a fine
against each establishment in the amount of $500 for the first violation.
x
For each establishment that admits the violation, the establishment must establish a
mandatory meeting with the Public Safety Director to present each establishment's
plans to ensure eliminating any future actions of this kind.
Council Meeting Minutes-5-April 26, 1999
x
For each establishment that requests a contested case hearing, adopt a resolution
referring the matter to an independent hearing examiner to be selected by the
Director of Public Safety
Council Member Stokes asked about the process if the licensee is not represented.
City Attorney Thomson recommended that if an establishment representative is not
present, they be given a contested case hearing. She stated that the City Council could
decide to impose different penalties than the recommendation of the Public Safety Director
that each establishment's license be suspended for two days and fined a civil penalty of
$500.
M/Susag, S/Rosenberg to approve the recommended disciplinary penalty of two
days' suspension of the establishments liquor license and a civil penalty of a $500 fine.
Motion carried 5-0.
Mayor Kirsch asked if Ground Round had two separate compliance violations.
Public Safety Director Scott discussed the compliance check incidents at the
Ground Round.
Mayor Kirsch requested the City Clerk to call the role of the establishments so that
each could respond to the violation.
x
Richfield Liquor Store - 6444 Lyndale Avenue
Liquor Operations Director Fillmore admitted the violation occurred and stipulated to
the suspension and the civil penalty, stating the store had been closed April 7 and 8
for the suspension.
x
Sandy's Tavern - 6612 Penn Avenue
Jeff Erickson admitted the violation occurred and stipulated to the suspension and
civil penalty.
x
Kenny's Market
William K. Melin admitted the violation occurred and stipulated to the suspension
and civil penalty. He volunteered for a longer suspension in lieu of the $500 fine.
Public Safety Director Scott recommended consistency in the penalties and the
Council concurred.
x
Ketsana's Thai Restaurant - 7545 Lyndale Avenue.
Scott Bechtel admitted the violation occurred and stipulated to the suspension and
civil penalty.
x
Kwik Way - 7701 Portland Avenue
Dinesh Tandon admitted the violation occurred and stipulated to the suspension
and civil penalty.
Council Meeting Minutes-6-April 26, 1999
th
x
Ground Round - 1500 East 78 Street
Brian Melenoff, Faegre & Benson LLP, attorney representing the Ground Round,
requested a contested case hearing.
x
Superamerica - 7720 Nicollet Avenue
th
x
Superamerica - 2913 West 66 Street
Jerry Goracki, representing both Superamerica locations, admitted the violations
occurred and stipulated to the suspension and civil penalty.
th
x
Phillips 66 - 7744 12 Avenue
Joe Davis admitted the violation occurred and stipulated to the suspension and civil
penalty.
x
Tom Thumb - 7600 Knox Avenue
Mary Reikert admitted the violation occurred and stipulated to the suspension and
civil penalty.
x
Hampton Inn - 7745 Lyndale Avenue
Steve Moore admitted the violation occurred and stipulated to the suspension and
civil penalty.
x
Mobile Gas Station - 6744 Penn Avenue
Mark Olson admitted the violation occurred and stipulated to the suspension and
civil penalty.
x
Kinhdo Restaurant - 6345 Penn Avenue
Quary Tran admitted the violation occurred and stipulated to the suspension and
civil penalty.
x
Lariat Lanes - 6320 Penn Avenue
John Powers Sr. admitted the violation occurred and stipulated to the suspension
and civil penalty.
x
Chi Chi's - 7717 Nicollet Avenue
Cornell Moore, Dorsey and Whitney, attorney representing Chi Chi's, asked
questions and discussed issues regarding the compliance checks, penalties,
notification dates, and appointment of hearing examiner.
City Attorney Thomson responded and reviewed the City Council's authority under
State Statutes to determine penalties. She reviewed the proposal for consideration
in agenda Item #9 which will set forth in advance the progressive discipline
penalties. She also reviewed the hearing examiner process.
Mr. Moore requested a contested case hearing for Chi Chi's.
x
Vina's Restaurant - 6401 Nicollet Avenue
Thuy Ngynyen requested a contested case hearing.
x
Silver Spoon Restaurant - 6700 Penn Avenue
Gin Ng admitted the violation occurred and stipulated to the suspension and civil
penalty.
Council Meeting Minutes-7-April 26, 1999
City Attorney Thomson suggested that language be added to the resolution
suspending the license requiring the establishment to meet with the Public Safety Director
to present their plans to ensure elimination of future compliance violations.
M/Susag, S/Stokes to amend the proposed resolution by adding the following:
3.Meet with the Director of Public Safety to present an action plan to ensure future
compliance by May 26, 1999; and attend an alcohol compliance and sales
awareness presentation conducted by Public Safety staff by May 26, 1999.
Motion carried 5-0.
M/Susag, S/Stokes that the following resolutions be adopted, that they be spread in
the resolution book and that they be made part of these minutes:
RESOLUTION NO. 8711
RESOLUTION AUTHORIZING INDEPENDENT HEARING EXAMINER
CONTESTED CASE HEARING FOR GROUND ROUND,
TH
1500 EAST 78 STREET
RESOLUTION NO. 8712
RESOLUTION AUTHORIZING INDEPENDENT HEARING EXAMINER
CONTESTED CASE HEARING FOR CHI CHI'S,
7717 NICOLLET AVENUE
RESOLUTION NO. 8713
RESOLUTION AUTHORIZING INDEPENDENT HEARING EXAMINER
CONTESTED CASE HEARING FOR VINA'S RESTAURANT,
6401 NICOLLET AVENUE
Motion carried 5-0. These resolutions appear as Resolution No.'s 8711, 8712, and
8713 in Resolution Book No. 69.
M/Susag, S/Stokes that the following resolutions be adopted, that they be spread in
the resolution book and that they be made part of these minutes:
RESOLUTION NO. 8697
RESOLUTION SUSPENDING THE STATE ISSUED LICENSE FOR
RICHFIELD LIQUOR STORE, 6444 LYNDALE AVENUE; AND IMPOSING A CIVIL
PENALTY
RESOLUTION NO. 8698
RESOLUTION SUSPENDING THE ON-SALE 3.2 MALT LIQUOR LICENSE FOR
SANDY'S TAVERN, 6612 PENN AVENUE; AND IMPOSING A CIVIL PENALTY
Council Meeting Minutes-8-April 26, 1999
RESOLUTION NO. 8699
RESOLUTION SUSPENDING THE OFF-SALE 3.2 MALT LIQUOR LICENSE FOR
KENNY'S MARKET, 6708 PENN AVENUE; AND IMPOSING A CIVIL PENALTY
RESOLUTION NO. 8700
RESOLUTION SUSPENDING THE WINE LICENSE FOR
KETSANA'S, 7545 LYNDALE AVENUE; AND IMPOSING A CIVIL PENALTY
RESOLUTION NO. 8701
RESOLUTION SUSPENDING THE OFF-SALE 3.2 MALT LIQUOR LICENSE FOR
KWIK WAY, 7701 PORTLAND AVENUE; AND IMPOSING A CIVIL PENALTY
RESOLUTION NO. 8702
RESOLUTION SUSPENDING THE OFF-SALE 3.2 MALT LIQUOR LICENSE FOR
SUPERAMERICA, 7720 NICOLLET AVENUE; AND IMPOSING A CIVIL PENALTY
RESOLUTION NO. 8703
RESOLUTION SUSPENDING THE OFF-SALE 3.2 MALT LIQUOR LICENSE FOR
PHILLIPS 66, 7744 12TH AVENUE; AND IMPOSING A CIVIL PENALTY
RESOLUTION NO. 8704
RESOLUTION SUSPENDING THE OFF-SALE 3.2 MALT LIQUOR LICENSE FOR
TOM THUMB, 7600 KNOX AVENUE; AND IMPOSING A CIVIL PENALTY
RESOLUTION NO. 8705
RESOLUTION SUSPENDING THE ON-SALE 3.2 MALT LIQUOR LICENSE FOR
HAMPTON INN, 7745 LYNDALE AVENUE; AND IMPOSING A CIVIL PENALTY
RESOLUTION NO. 8706
RESOLUTION SUSPENDING THE OFF-SALE 3.2 MALT LIQUOR LICENSE FOR
MOBILE GAS STATION, 6744 PENN AVENUE; AND IMPOSING A CIVIL PENALTY
RESOLUTION NO. 8707
RESOLUTION SUSPENDING THE ON-SALE 3.2 MALT LIQUOR LICENSE FOR
KINHDO RESTAURANT, 6345 PENN AVENUE; AND IMPOSING A CIVIL PENALTY
RESOLUTION NO. 8708
RESOLUTION SUSPENDING THE ON-SALE 3.2 MALT LIQUOR LICENSE FOR
LARIAT LANES, 6320 PENN AVENUE; AND IMPOSING A CIVIL PENALTY
Council Meeting Minutes-9-April 26, 1999
RESOLUTION NO. 8709
RESOLUTION SUSPENDING THE OFF-SALE 3.2 MALT LIQUOR LICENSE FOR
TH
SUPERAMERICA, 2913 WEST 66 STREET; AND IMPOSING A CIVIL PENALTY
RESOLUTION NO. 8710
RESOLUTION SUSPENDING THE ON-SALE 3.2 MALT LIQUOR LICENSE FOR
SILVER SPOON RESTAURANT, 6700 PENN AVENUE; AND IMPOSING A CIVIL
PENALTY
Motion carried 5-0. These resolutions appear as Resolution No.'s 8697, 8698,
8699, 8700, 8701, 8702, 8703, 8704, 8705, 8706, 8707, 8708, 8709, 8710 in Resolution
Book No. 69.
Item #9CONSIDERATION OF RESOLUTION SPECIFYING CERTAIN IMPROPER
CONDUCT OF ON-SALE INTOXICATING LIQUOR, WINE AND 3.2 MALT
LIQUOR LICENSEES AND RECOMMENDED DISCIPLINE ACTION,
REPLACING RESOLUTION NO. 7380. C.L. NO. 93
Acting City Manager Devich reviewed Council Letter No. 93 regarding a proposed
resolution specifying certain improper conduct of on-sale intoxicating liquor, wine, and 3.2
malt liquor licensees and stating recommended discipline action.
Public Safety Director Scott stated that the Public Safety Department is required by
law to conduct compliance checks each year. He reviewed the distinguishing differences
in appearance on an underage driver's license. He read and reviewed the progressive
discipline provisions of the proposed resolution. He stated there will be at least three more
compliance checks conducted this year. Public Safety Director Scott stated that the
proposed resolution would replace Resolution No. 7380 and would be sent to all licensees.
He stated that those employees that sold alcohol to minors will be charged criminally in
court.
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. 8714
RESOLUTION SPECIFYING CERTAIN IMPROPER CONDUCT OF ON-SALE
INTOXICATING LIQUOR, WINE AND 3.2 MALT LIQUOR LICENSEES AND STATING
RECOMMENDED DISCIPLINE REPLACING RESOLUTION NO. 7380
Motion carried 5-0. This resolution appears as Resolution No. 8714 in Resolution
Book No. 69.
Council Meeting Minutes-10-April 26, 1999
Item #10CONSIDERATION OF GRANTING EXTENSION OF AGREEMENT WITH
RYAN COMPANIES US, INC. UNTIL DECEMBER 30, 1999 RELATED TO
PENN AVENUE AND SIXTY-SIXTH STREET AREA REDEVELOPMENT
FEASIBILITY AND PLAN OPTIONS C.L. NO. 94
.
Acting City Manager Devich reviewed Council Letter No. 94 regarding the proposed
granting of an extension of the agreement with Ryan Companies US, Inc. for the study of
the Penn and Sixty-Sixth Street area to determine redevelopment feasibility and prepare
redevelopment plan options.
M/Kirsch, S/Rosenberg to extend the agreement with Ryan Companies US, Inc. to
December 30, 1999 for the study of the Penn and Sixty-Sixth Street area to determine
redevelopment feasibility and prepare redevelopment plan options.
Motion carried 5-0.
Item #11CONSIDERATION OF AIRPORT EXPENSES FOR LOW FREQUENCY
NOISE POLICY COMMITTEE'S COMPREHENSIVE STUDY OF LOW
FREQUENCY AIRCRAFT NOISE. C. L. NO. 95
Acting City Manager Devich reviewed Council Letter No. 95 regarding consideration
of approval of airport expense for the Low Frequency Noise Policy Committee's
comprehensive study of low frequency aircraft noise. He stated the high end estimated
costs that Richfield may incur are projected to be between $290,000 - $300,000 with the
MAC responsible for the other half of the costs. He stated funding for these expenses will
have to come from unspent 1999 funds or accumulated fund balances.
Mike Sandahl, Richfield representative to the Low Frequency Noise Policy
Committee, reviewed the tasks and estimated costs. He stated BBN Technologies is
currently doing some similar work for the San Francisco airport, which would be helpful in
keeping some of the costs down. He indicated that the cost estimates appear to be
appropriate. He stated it was a high cost for the community but that it is very important
that the impacts of the runway be identified and that recommendations for mitigation of low
frequency noise impacts be identified to protect Richfield.
Council Member Stokes stated residents have asked when the results of the study
would be available.
Mr. Sandahl stated it is anticipated that the study would be completed at the end of
July. He reminded the public that the next Low Frequency Noise Policy Committee
Meeting will be April 28 at the MAC's offices.
Council Meeting Minutes-11-April 26, 1999
Larry Wozniczka, 6744 Wentworth Avenue, asked for clarification regarding the cost
estimates and the MAC's portion of the costs.
Acting City Manager Devich stated that the MAC will be responsible for half the
costs and Richfield's share is not to exceed $300,000.
Council Member Rosenberg requested that the motion to approve the expenses
include that the expenses are not to exceed $300,000.
M/Susag, S/Stokes to approve the expenses for the Low Frequency Noise Policy
Committee's comprehensive study of low frequency noise by BBN Technologies and half
of the expenses of Lou Sutherland in an amount not to exceed $300,000.
Motion carried 5-0.
Item #11ACONSIDERATION OF APPROVAL OF A RESOLUTION APPROVING
PRELIMINARY PLANS, IDENTIFIED AS LAYOUT NO. 2, FOR I-35W
FROM I-494 TO WEST JUNCTION OF CROSSTOWN 62. C.L. NO. 89
Council Member Sandahl stated that she had requested this item be removed from
the Consent Calendar because she had not seen the plan layout.
Public Works Director Eastling reviewed the preliminary plans and layout No. 2
drawings for the proposed improvements to I-35W within the corporate limits of Richfield
from the junction of I-494 to the west junction of Trunk Highway 62.
Council Member Rosenberg asked about the timing of the construction of the noise
walls.
Public Works Director Eastling stated he would find out from MnDOT and provide
that information to the Council.
M/Rosenberg, S/Stokes 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. 8715
RESOLUTION APPROVING PRELIMINARY LAYOUT,
IDENTIFIED AS LAYOUT NO. 2,
FOR I-35W WITHIN THE CORPORATE LIMITS
OF THE CITY OF RICHFIELD
Motion carried 5-0. This resolution appears as Resolution No. 8715 in Resolution
Book No. 69.
Council Meeting Minutes-12-April 26, 1999
Item #12AIRPORT STATUS REPORT
Acting City Manager Devich discussed the provisions of the Airport Impact
Redevelopment District legislation that the City supports which was sponsored by Senator
Dave Johnson. He stated that Senator Johnson had introduced a second bill recently
which proposes that the MAC solely fund the $240 million cost of mitigation. He stated
that the MAC has requested that the City Council consider opposing this second bill.
Council Member Stokes stated that the City is working with the MAC in lobbying for
the bill supported by the City and did not see a reason to testify against some other bill.
Acting City Manager Devich stated that the City supported the first bill along with the
MAC. He stated that the City had not testified against other airport bills not supported by
the City.
Council Member Susag stated that the City Council had voted not to litigate
regarding the North-South Runway and had approved a mitigation agreement with the
MAC. He stated that when citizen filed litigation, the City had not supported that effort. He
stated that the City had worked with the MAC and Senator Johnson on the Airport Impact
Redevelopment District bill in the spirit of the agreement. He stated that there was no
reason to testify against the new bill the same as with the Gleason Amendment that had
been introduced earlier.
Council Member Rosenberg stated that the City Council should not take a position
on the bill.
Mayor Kirsch stated that the City supported the original bill and should not interject
into other bills.
Acting City Manager Devich reported that the Senate Tax Committee held a hearing
on the City's Airport Impact Redevelopment District bill today and had changed the sales
tax provision to add 4% on top of 6½ % sales tax at the airport to go to the Metropolitan
Council for airport mitigation.
Acting City Manager Devich reported that staff was still working to finalize
agreements with the School District and the Academy of Holy Angels regarding ballfield
replacements.
Item #13LEGISLATIVE REPORT
None
Council Meeting Minutes-13-April 26, 1999
Item #14COUNCIL DISCUSSION ITEMS
Council Member Susag discussed the following issues:
x
Request that staff prepare a memorandum to the City Council regarding sanitary
sewer rates, issues discussed in a recent StarTribune article, and how Richfield's
rates compare to other cities.
x
Invited residents to attend the Open House at the Richfield Water Plant on May 1
from 9:00 a.m. - 3:00 p.m.
x
Invited residents to attend the Cinco De Mayo Celebration activities at Taft Park on
May 1 and May 2.
x
Invited residents to attend the Arbor Day and Earth Day activities at the Wood Lake
Nature Center on May 16.
Item #15CLAIMS AND PAYROLL
M/Stokes, S/Sandahl that the following claims and payrolls be approved:
RICHFIELD BANK & TRUST CO.
Checks: 78812 - 78833$54,741.33
H/C: 86297 - 86681$986,845.22
Payroll: 12394 - 12711$520,370.30
Motion carried 5-0.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 9:05 p.m.
Date Approved:
Martin J. KirschMayor
Thomas P. FerberSteven L. Devich
City ClerkActing City Manager