08-10-04 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
August 10, 2004
The meeting was called to order by Mayor Kirsch at 6:32 p.m.
Members Present:
Martin Kirsch, Mayor; Susan Rosenberg; and Gertrude Ulrich (arrived at
6:54 p.m.).
Members
Not Present:
John Enger; and Sue Sandahl.
Samantha Orduno, City Manager; Dan Scott, Public Safety Director; Mike
Eastling, Public Works Director; Tom Foley, Transportation Engineer;
Cheryl Krumholz, Recording Secretary; and Corrine Thomson, City
Attorney.
M/Rosenberg, S/Ulrich to excuse the absence of Council Members EnQer and Sandahl
from the AUQust 10. 2004 ReQular MeetinQ.
Staff Present:
Motion carried 3-0.
Sylvia Jesse, 6612 Logan Avenue, addressed the City Council seeking financial assistance
for the removal of the diseased trees on her private property. She asked about the City's
participation in a DNR grant for forestry that, for the first time, includes trees with dutch elm
disease.
Public Works Director Eastling stated he was unaware of the DNR grant. He explained the
assessment and deferment options for paying for the removal. He suggested the City Council
may, at a future meeting, wish to review the deferment requirements regarding income guidelines.
City Attorney Thomson stated a diseased tree on private property is the property owner's
responsibility; the City is not legally authorized to expend funds on private property. If the owner
does not remove the tree, the City can do it and assess the property for the cost.
Ms. Thomson said the conditions of the DNR grant need to be reviewed as it may be for
cities to assist tree removal on public not private property.
Ms. Thomson further explained the assessment policy and that typically the City is due the
assessment in one year, but the City Council has the authority to spread the payment out over
time. The hardship deferment must be shown and then the City Council has discretion to defer the
assessment to the sale of the property. The assessments carry simple, not compound, interest.
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August 10, 2004
The City Council requested Public Works Director Eastling work with Ms. Jesse on this
matter.
Mayor Kirsch led the audience in the Pledge of Allegiance.
M/Rosenberg, S/Ulrich to approve the minutes of (1) Special City Council Meetino of Julv
26.2004: (2) Special City Council Worksession of Julv 27.2004: (3) Reoular City Council Meetino
of Julv 27.2004: and (4) Special City Council Worksession of Julv 27.2004.
Motion carried 3-0.
Item #1
Susan Rublein, Arts Commission Vice-Chair, reported on the commission's
accomplishments and future goals.
(Council Member Ulrich arrived at 6:54 p.m.)
The City Council thanked the Commission for their efforts.
Item #2
Susan Rosenberg, Richfield Beautiful co-chair, presented certificates of appreciation to the
following landscape award volunteers:
Bernie Mattson
Dave Dunham
Mary Olafson
Bruce Nihart
Gordon Hanson
Ms. Olafson, Richfield Beautiful co-chair, presented a certificate of appreciation to the
Federated Garden Clubs of Richfield.
Council Member Rosenberg recognized the efforts of Housing and Redevelopment
Manager Bruce Nordquist for assisting and re-instating the landscaping program.
Item #3
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August 10, 2004
Mayor Kirsch thanked staff for their involvement in the Urban Wildland Half Marathon and 5K
this past Saturday. He said the event was conducted very well and he received many compliments.
Council Member Ulrich acknowledged the success of the marathon and also the August 3
National Night Out.
Item #4
None.
Item #5
Mayor Kirsch removed Consent Calendar Item C Consideration of approval of canceling
Regular City Council Meeting of August 24,2004 S.R. No. 133, because there is a need to conduct
the Regular City Council meeting.
M/Ulrich, S/Rosenberg to approve the aaenda as amended.
Motion carried 3-0.
Item #6
A. Approved resolution establishing just compensation and authorizing purchase of apartment
building at 6520 Cedar Avenue; Airport Noise Acquisition Program S.R. No. 131
RESOLUTION NO. 9494
RESOLUTION ESTABLISHING JUST COMPENSATION AND AUTHORIZING PURCHASE OF
REAL PROPERTY LOCATED AT
6520 CEDAR Avenue
Airport Noise Acquisition Program
This resolution appears as Resolution No. 9494 in Resolution Book No. 75.
B. Approved resolution designating polling places and appointing election judges for September
14, 2004 Primary Election and November 2, 2004 General Election and increasing election
judge pay S.R. No. 132
RESOLUTION NO. 9495
RESOLUTION DESIGNATING POLLING PLACES AND APPOINTING ELECTION JUDGES FOR
THE STATE PRIMARY ELECTION OF SEPTEMBER 14, 2004 AND THE GENERAL ELECTION
OF NOVEMBER 2, 2004 AND
INCREASING ELECTION JUDGE PAY
This resolution appears as Resolution No. 9495 in Resolution Book No. 75.
C. Removed from the consent calendar and not considered.
M/Ulrich, S/Rosenberg to approve the Consent Calendar as amended.
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August 10, 2004
Motion carried 3-0.
Item #7
None.
Item #8
Council Member Ulrich presented Staff Report No. 134 regarding consideration
of a new 2004 on-sale intoxicating and Sunday liquor licenses for MDM EAR, Inc. DBA
the Backyard Bar and Grill at 1500 East 78th Street.
City Manager Orduno stated that if it is the City Council's inclination to deny the
license, action should be deferred to the next City Council meeting to allow time for the
City Attorney to prepare a resolution with the appropriate findings.
Mark Minogue, Backyard Bar & Grill, stated that without a liquor license, the
establishment would go bankrupt because a large percentage of the sales is alcohol.
He said the current application is for a full year, of which only four months remain
before it comes up for renewal again.
Mr. Minogue stated his staff will be well trained and he welcomed public safety
compliance checks. He added that he will not be in charge of the bar, Elizabeth
Rosvold will oversee the bar.
Mayor Kirsch asked Mr. Minogue if he would agree to a stipulation on Mr.
Strowbridge and his not being involved with the bar.
Mr. Minogue said yes and that he oversees the food as he does at their location
in Roseville; Mr. Strowbridge is in charge of the kitchen and dining.
Council Member Ulrich suggested action on this item be deferred because other
City Council Members should be present to hear the discussions.
Mr. Minogue stated that application for the license was made in June and has
been deferred two times previously. He requested an opportunity to prove the success
of his business overall.
Council Member Rosenberg explained that the City Council's hesitancy is due to
their taking the sale of alcohol very seriously and past experiences of well-established
businesses failing compliance checks.
Craig Strowbridge, Backyard Bar & Grill, addressed the City Council asking for
an opportunity to make the business successful, but added that without the license,
they might as well shut down.
M/Rosenberg, S/Kirsch to approve the new 2004 on-sale intoxicatinq and
Sunday liquor licenses for MDM EAR. Inc. DBA The Backvard Bar and Grill. 1500 East
78th Street. for four months with the stipulation that Mr. Minoque and Mr. Strowbridqe
refrain from manaqinq or makinq operational decisions reqardinq the purchasinq,
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August 10, 2004
storinq or sellinq of alcohol at this location and that they refrain from providinq any
direct supervision to employees responsible for sellinq alcohol products and that this
establishment abide by Resolution NO:. 9204:'
The City Council asked about conducting compliance checks at this establishment.
Public Safety Director Scott explained the checks are covered by City ordinance.
Council Member Rosenberg stated she would like to give the business a chance and there
is some risk for everyone but trusts it will be a success.
Mayor Kirsch stated support to give the business a chance during the next four months to
prove their responsibilities.
Council Member Ulrich expressed concerns regarding drinking and driving, not necessarily
serving to minors. She asked if the City would know if Mr. Minogue or Mr. Strowbridge offended
again since they do not live in Hennepin County.
Public Safety Director Scott explained a background check is conducted every year when
the license is to be renewed. He said Public Safety will work with the establishment to ensure the
regulations are followed.
Mr. Minogue stated there is a policy regarding drinking and driving.
Council Member Ulrich stated she very reluctantly supported the issuance of the licenses.
Motion carried 3-0.
Item #9
Public Works Director Eastling stated a resolution approving the final layout was distributed
to the City Council for action because MnDOT requested more than a simple City Council action.
Transportation Engineer Foley reviewed the project layout approval process and issues
related to that layout.
Tom O'Keefe, MnDOT Area Manager, clarified the remaining issues.
Council Member Rosenberg stated she would like more discussion with the Madison Park
neighborhood because there is division with the neighbors regarding the pedestrian and bike
pathways. She asked if approval tonight resolved those issues.
Public Works Director Eastling stated discussions with the neighborhood can continue
because the walking/biking paths can be deferred to a later date and the City Council could still
approve the layout.
Council Member Ulrich asked about potential/ost funding if the loop street construction is
deferred.
Transportation Engineer Foley explained MnDOT has proposed preparing agreements to
work out the details and establishing a time limit on the deferral.
Council Member Ulrich suggested a reasonable time limit be set but residents should be
accommodated with no lost funding.
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August 10, 2004
Council Member Ulrich asked about potential lost funding if the walk/bike pathway is
delayed. She expressed support for connecting pathways with other entities. She added that the
pathways are meant for the whole City, not just the immediate neighborhood.
Transportation Engineer Foley stated MnDOT is aware of providing protection to the City.
Steve Lindgren and Barb Kritzman, Transportation Committee co-chairs, reviewed the
committee's history of discussions on this project. He said the Transportation Committee
unanimously recommended City Council approval of the final layout. Mr. Lindgren acknowledged
the efforts and cooperation with SRF, MnDOT and City staff.
Council Member Ulrich asked about the committee's position on the walk/bike pathway.
Mr. Lindgren replied the committee supported the trail connection be constructed with the
project.
Council Member Rosenberg asked about Minneapolis' acceptance of the layout.
Mr. O'Keefe stated the Minneapolis City Council is scheduled to vote on September 3. He
added it is not a sure thing that Minneapolis will approve the layout.
Mr. O'Keefe clarified the MnDOT agreement to funding on the loop street construction
deferment, accommodation of pedestrian and bicycle paths at Madison Park and acquisition of
remnant parcels.
Mr. O'Keefe stated MnDOT would provide funding for the relocation of the residents who
desire to remain in their homes and that MnDOT would provide increased payments.
M/Kirsch, S/Rosenberg that the followina resolution be adopted. that it be spread in the
resolution book and that it be made part of these minutes and that MnDOT would consider financial
assistance to rebuild 66th Street and Portland intersection and accommodate pedestrians and
bicvclists:
RESOLUTION NO. 9496
RESOLUTION AUTHORIZING 1-35W & TH 62 CROSSTOWN COMMONS RECONSTRUCTION
(SP 2782-281) FINAL LAYOUT APPROVAL
Motion carried 3-0. This resolution appears as Resolution No. 9496 in Resolution Book No.
75.
The City Council thanked MnDOT for working with City staff and the Transportation
Committee.
Item #10
M/Rosenberg, S/Ulrich that the followina claims and pavrolls be approved:
RICHFIELD BANK & TRUST CO.
AlP Checks: 133560 - 133857
PAYROLL 39225 - 39331
TOTAL
$ 734,185.85
$ 523,723.20
$ 1,257,909.05
Motion carried 3-0.
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August 10, 2004
Item #11
u ~
Cheryl K;t~o z 'A'~
Recording Secretary