09-25-00 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
September 25, 2000
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; Susan Rosenberg; Russ Susag; Sue Sandahl;
and Kristal Stokes.
Staff Present:Steven Devich, Acting City Manager; Deborah Guiher, Deputy City
Clerk; Mike Eastling, Public Works Director; Dan Scott, Public Safety
Director; Bruce Palmborg, Community Development Director; and
Corrine Thomson, City Attorney.
APPROVAL OF MINUTES
Mayor Kirsch announced that the date on the Minutes of September 11, pages 2 –
12, was incorrect.
M/Susag, S/Stokes to approve the minutes of the (1) Special City Council Budget
Meeting of August 30, 2000; (2) Special City Council Study Session of September 5, 2000;
and (3) Regular City Council Meeting of September 11, 2000.
Motion carried 5-0.
Council Meeting Minutes-2-September 25, 2000
Item #1RECOGNITION OF CITY OF RICHFIELD SEPTEMBER 12, 2000 PRIMARY
ELECTION STAFF
Acting City Manager Devich recognized and introduced the Election Staff Members
Nancy Gibbs, John Holter, Marlys Solt and Deborah Guiher
Item #2PRESENTATION OF AWARDS TO RICHFIELD WATER DIVISION FOR
BEST CONSUMER CONFIDENCE REPORT FOR 1999 FOR THE METRO
DISTRICT AND STATE OF MINNESOTA FROM MINNESOTA SECTION
AMERICAN WATER WORKS ASSOCIATION
Mayor Kirsch presented the awards to Mike Eastling, Public Works Director, who
accepted them on behalf of John Thom, Judy Bergren and the Water Division.
Item #3OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS
NOT ON THE AGENDA
Dennis Manson, 6901 Park Avenue, stated he had been to the grand opening of
Gramercy and was impressed. He feels that the City Council has acted in the best interest
of all citizens.
Audrey Duffee, 6515 18th Avenue, on behalf of the Community Vision Initiating
Committee, wanted to remind everyone of the Richfield 2020 Focus on the Future forums
being held on October 3 and October 4.
Robert Hall, 7309 Oliver Avenue, spoke regarding the minutes from the last City
Council Meeting. He asked that the record show that Mr. Manson knows and the City
Council knows that he was right here six months ago during the discussions of the Best
Buy issues. He also asked to go on record as being vehemently opposed to any
restrictions on citizens speaking at City Council Meetings. He would also like to see more
detail in the minutes. He feels that if a question is asked, the answer should also be
included. Mr. Hall commended Mr. Stark, Mr. Atkinson and Mrs. Orduno for timely
responses to recent comments he made in separate conversations. He also reminded
everyone of the Planning Commission Public Hearing on the Best Buy development being
held September 26 at 7:00 p.m.
Acting City Manager Devich responded to Mr. Hall that minutes are a summary
record of what is said.Audio tapes are available for anyone that would like to hear more
detail of the meetings. He stated that anyone with suggested corrections should submit
them to staff and they will be looked at.
Council Meeting Minutes-3-September 25, 2000
Mayor Kirsch stated that if anyone feels the minutes aren’t correct, they should
contact Steve Devich. If clarification is needed, they will be brought to the City Council’s
attention prior to the approval.
Item #4 COUNCIL APPROVAL OF AGENDA
M/Stokes, S/Susag to approve the agenda.
Motion carried 5-0.
Item #5 CONSENT CALENDAR
A.Approved resolution establishing compensation and authorizing purchase of 6314, 6320,
6326 and 6332-18th Avenue S.R. No. 246
RESOLUTION NO. 8943
RESOLUTION ESTABLISHING JUST COMPENSATION AND AUTHORIZING
PURCHASE OF REAL PROPERTY LOCATED AT
6314, 6320, 6326, AND 6332-18TH AVENUE SOUTH
This resolution appears as Resolution No. 8943 in Resolution Book No. 71.
B.Approved resolution authorizing City Manager to execute such agreements necessary to
obtain $5 million grant from Minnesota Department of Trade and Economic Development
S.R. No. 247
RESOLUTION NO. 8944
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE SUCH
AGREEMENTS NECESSARY TO OBTAIN A $5 MILLION GRANT FROM THE
MINNESOTA DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT
This resolution appears as Resolution No. 8944 in Resolution Book No. 71.
C.Approved setting October 9, 2000 as public hearing for issuance of club on-sale
intoxicating and Sunday liquor licenses for Fred Babcock VFW Post 5555, Inc., d/b/a
Four Nickels Food and Drink, 6715 Lake Shore Drive S.R. No. 248
D.Approved setting October 23, 2000 as public hearing for issuance of new on-sale
intoxicating and Sunday liquor licenses for Wiltshire Restaurants, LLC d/b/a Houlihan’s
Restaurant and Bar, 6601 Lyndale Avenue S.R. No. 249
Council Meeting Minutes-4-September 25, 2000
E.Approved stipulation of settlement for 1800 East 66th Street for 66th Street/TH77
Interchange Project S.R. No. 253
M/Susag, S/Sandahl to approve the consent calendar.
Motion carried 5-0.
Item #6DISCIPLINARY HEARING AND CIVIL ENFORCEMENT FOR ALCOHOL
ESTABLISHMENTS IN RICHFIELD THAT RECENTLY UNDERWENT
ALCOHOL COMPLIANCE CHECKS AND FAILED BY SELLING ALCOHOL
TO UNDERAGE YOUTH S. R. NO. 250
Public Safety Director Scott reviewed Staff Report No. 250 regarding disciplinary
hearing and civil enforcement for alcohol establishments in Richfield that recently
underwent alcohol compliance checks and failed by selling alcohol to underage youth.
Council Member Stokes asked Director Scott to explain what happens if a fourth
offense occurs.
Public Safety Director Scott explained for a fourth offense, (if within four years of the
third offense), the establishment’s license will be revoked and a civil fine of $2000 will be
due and payable to the City. If the offense occurs outside of four years of a third offense, it
will be considered a third offense.
Council Member Susag asked for clarification on how many establishments sold
alcohol.
Public Safety Director Scott reported that the City has 7 licenses to sell liquor, 7
licenses to sell 3.2 beer, 4 licenses to sell wine and 3.2 beer, 11 licenses to sell off-sale
3.2 beer and 4 liquor stores for a total of 33 establishments.
Mayor Kirsch stated that this is not acceptable in the City of Richfield. Staff works
with everyone to correct the problem and yet it continues.
Council Member Rosenberg wanted to know what the consequences are to
establishments that do sell alcohol to minors.
Public Safety Director Scott explained that an establishment could be charged with
a gross misdemeanor.
City Attorney Thomson explained that each of the following establishments would
be given the opportunity to admit to the violation or deny it.
SuperAmerica
– 826 West 66th Street – Pat Shey admitted the violation occurred and
stipulated to the suspension and civil penalty.
Council Meeting Minutes-5-September 25, 2000
M/Susag, 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. 8945
RESOLUTION SUSPENDING THE OFF-SALE 3.2 PERCENT MALT LIQUOR LICENSE
FOR SPEEDWAY SUPERAMERICA, LLC DBA SUPERAMERICA #4015;
AND IMPOSING A CIVIL PENALTY
Motion carried 5-0. This resolution appears as Resolution No. 8945 in Resolution
Book No. 71.
DonPablos
– 980 West 78th Street – Marty Thermbland admitted the violation occurred
and stipulated to the suspension and civil penalty.
M/Stokes, S/Susag 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. 8946
RESOLUTION SUSPENDING THE ON-SALE INTOXICATING LIQUOR LICENSE
FOR DON PABLOS OPERATING CORP. DBA DON PABLOS;
AND IMPOSING A CIVIL PENALTY
Motion carried 5-0. This resolution appears as Resolution No. 8946 in Resolution
Book No. 71.
Vinas
– 6401 Nicollet Avenue – Director Scott stated that a representative from Vinas was
not present due to a family death. He stated that they had called Betsy Christensen earlier
and admitted to the violation and stipulated to the suspension and civil penalty
M/Susag, 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. 8947
RESOLUTION SUSPENDING THE ON-SALE 3.2 PERCENT MALT LIQUOR LICENSE
FOR VINA RESTAURANT; AND IMPOSING A CIVIL PENALTY
Motion carried 5-0. This resolution appears as Resolution No. 8947 in Resolution
Book No. 71.
VFW
– 6401 Lyndale Avenue – Gin Ng admitted the violation occurred and stipulated to
the suspension and civil penalty. He stated that in the future they would have a door guard
to check identification as well as the servers.
M/Sandahl, 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:
Council Meeting Minutes-6-September 25, 2000
RESOLUTION NO. 8948
RESOLUTION SUSPENDING THE CLUB ON-SALE & SUNDAY LIQUOR LICENSE
FOR FRED BABCOCK VFW POST NO. 5555; AND IMPOSING A CIVIL PENALTY
Motion carried 5-0. This resolution appears as Resolution No. 8948 in Resolution
Book No. 71.
Council Member Susag stated that the VFW is a private club, and shouldn’t be
selling to anyone that isn’t a member or a guest of a member.
Phillips 66 Gas Station
– 7744 12th Avenue – Maurice Dean admitted the violation
occurred and stipulated to the suspension and civil penalty.
M/Stokes, S/Sandahl 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. 8949
RESOLUTION SUSPENDING THE OFF-SALE 3.2 PERCENT MALT LIQUOR LICENSE
FOR 12TH AVENUE 66; AND IMPOSING A CIVIL PENALTY
Motion carried 5-0. This resolution appears as Resolution No. 8949 in Resolution
Book No. 71.
Chi-Chi’s
– 7717 Nicollet Avenue – Mark Christopherson, Attorney with Larkin Hoffman
Daly & Lindgren, representing Chi-Chi’s, stated they will deny the allegation at this hearing
and ask for a date for a contested hearing to be set.
Council Member Susag stated that this is a very serious matter. He stated that the
servers must be carding people or Chi-Chi’s may find themselves out of business. Mr.
Susag reminded the Chi-Chi’s representative that after a third violation the establishment
cannot have another violation in the next four years or the license will be revoked.
M/Susag, S/Stokes that this be referred to the jurisdiction of a hearing officer in a
contested case hearing.
Motion carried 5-0.
Item #7CONSIDERATION OF FIRST READING OF ORDINANCE RELATING TO
PROPOSED IMPROVEMENTS AND STUDIES FOR POSSIBLE FUTURE
IMPROVEMENTS FOR CITY OF RICHFIELD IN 2001 S.R. NO. 251
Public Works Director Eastling presented Staff Report No. 251 regarding the first
reading of an ordinance relating to proposed improvements and studies for possible future
improvements for the City of Richfield in 2001.
Council Meeting Minutes-7-September 25, 2000
M/Sandahl, S/Susag that this constitutes the First Reading of this ordinance; and
the Public Hearing and Second Reading of the ordinance be scheduled for the November
13, 2000 City Council Meeting.
Motion carried 5-0.
Item #8ACCEPTANCE OF FINAL LOW FREQUENCY NOISE POLICY
COMMITTEE REPORT S.R. NO. 252
Administrative Services Director Devich reviewed Staff Report No. 252 regarding
acceptance of the Final Low Frequency Noise Policy Committee Report.
Mike Sandahl, Low Frequency Noise Policy Committee Member, explained there
was no disagreement between MAC and the City on this report. He stated that the dispute
was between the experts on what the maximums would be and where they would be. He
asked that the City Council approve the report.
M/Stokes, S/Susag to accept the final Low Frequency Noise Policy Committee
Report.
Motion carried 5-0.
Item #9HOUSING AND REDEVELOPMENT AUTHORITY REPORT
Acting City Manager Devich reminded everyone of the open house for the
Woodlake Centre on September 27, 4:30 p.m. until 7:30 p.m.
Council Member Rosenberg stated that 35% of the occupants of Gramercy are
Richfield residents.
Item #10COUNCIL DISCUSSION ITEMS
Council Member Susag questioned the status of the Walser litigation.
City Attorney Thompson stated that the two suits are pending.
Council Meeting Minutes-8-September 25, 2000
Item #11CLAIMS AND PAYROLL
M/Stokes, S/Rosenberg that the following claims and payrolls be approved:
RICHFIELD BANK & TRUST CO.
INT Checks: 98526 – 98562$117,223.02
H/C100890 - 101294$845,794.05
PAYROLL20450 – 20468; 21503 - 21674$448,450.26
TOTAL$1,411,467.33
Motion carried 5-0.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 8:28 p.m.
Date Approved:
Martin J. Kirsch
Mayor
Deborah J. GuiherSteven L. Devich
Deputy City ClerkActing City Manager