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08-14-07 Worksession ....... CITY COUNCIL MINUTES Richfield, Minnesota Special Worksession August 14, 2007 I CALL TO ORDER The meeting was called to order by Mayor Goettel at 5:35 p.m. I ROLL CALL Members Present: Debbie Goettel, Mayor; Sue Sandahl; Bill Kilian; Fred Wroge; and Susan Rosenberg. Staff Present: Steven Devich, City Manager; Bruce Palmborg, Community Development Director; Dan Scott, Public Safety Director; Cheryl Krumholz, Recording Secretary; and Mary Tietjen, City Attorney. Item #1 DISCUSSION REGARDING PROPOSED ORDINANCE AMENDMENT INCREASING NUMBER OF WINE LICENSES (COUNCIL MEMO NO. 138) Public Safety Director Scott stated City ordinance provides that there can be a total of seven wine licenses issued to establishments. Currently, six of the seven wine licenses are spoken for and an application for the seventh wine license has recently been received by staff. State Statute does not address the number of wine licenses a community may have. Public Safety Director Scott continued that staff has had several discussions with representatives in the Community Development Department regarding current and future redevelopment projects in the City and how those projects will impact alcohol licensing needs. Increasing the number of alcohol licenses would result in licenses being available prior to the completion of development projects which would mean that potential tenants would know licenses are available to apply for at the beginning of their negotiations with developers. Public Safety Director Scott stated increasing the number of alcohol licenses available at this time would also mean that staff would not have to return to the City Council several times to make a request for an increase in licenses and would seem to be a more efficient and proactive way of meeting future needs. Mayor Goettel asked about the City revoking or suspending a license in the past. Public Safety Director Scott said licenses have been revoked and suspended by the City Council when sales have been made to minors during alcohol compliance checks. Council Member Wroge asked if a license would need to be granted if one was available but the applicant marginally met the requirements. Special Worksession Minutes -2- August 14, 2007 Public Safety Director Scott said the City Council can deny granting a license if there is a legal reason. City Attorney Tietjen stated it is the City Council's discretion to deny or grant a license. Council Member Kilian stated that if no wine license is available, it may be a deterrent to businesses being part of a development. Council Member Wroge said the business could go to the community and ask fora license if none were available. Public Safety Director Scott said if licenses are available, there is more flexibility before a business begins the application process. Council Member Sandahl said she had no problem with increasing the number of wine licenses because approval comes before the City Council. It also provides flexibility, especially with developments. Council Member Wroge questioned why liquor licenses are not being increased. Public Safety Director Scott stated there are 15 licenses available which is adequate. Council Member Kilian asked about the cost of the license covering administrative services. Public Safety Director Scott reviewed the fees and stated he believed they were adequate. Council Member Kilian said he supported having more wine licenses made available. The City Council consensus was to move forward with the proposed ordinance amendment increasing the number of wine licenses. Item # 2 DISCUSSION REGARDING PROPOSED ORDINANCE RELATED TO GRAFFITI (COUNCIL MEMO NO. 139) Public Safety Director Scott stated the ordinance amendment to the Richfield City Code is proposed to control access to spray paint and other marking materials by persons under the age of 18, and to set procedures for store owners and other retail businesses that sell these types of products. Mary Tietjen, Kennedy & Graven attorney, reviewed the ordinance, which is modeled after the City of Minneapolis ordinance. Council Member Kilian asked about enforcement for non-compliance. Public Safety Director Scott explained the contact made with the local businesses, including a meeting at which only Menards attended and the follow up calls to the businesses that did not attend. The concern of the businesses was not to lockup the paint but rather make it more visible and closely monitored. Public Safety Director Scott said the ordinance is only one tool to address the graffiti problem. There is interest on a State level to have uniformity. Mayor Goettel stated she was to meet with Hennepin County staff but it was delayed. Mike Freeman, Hennepin County Attorney, told her some direction is needed from the State to get Hennepin County enforcement. Special Worksession Minutes -3- August 14,2007 Mayor Goettel continued that Representative Linda Slocum told her she'd like cities to adopt an ordinance because it gives her more strength to move forward at the State level. Senator Dan Larson agreed. . Council Member Wroge said if the paint can't be bought, it will be stolen. He asked what would be considered a visible location. Public Safety Director Scott stated the location could be stipulated in the ordinance. Mayor Goettel said the businesses are open to considering restricting spray paint access. Council Member Rosenberg stated other communities and Hennepin County need to cooperate together. Mayor Goettel discussed her conversations with the Mayors of Edina and Bloomington, who agreed a County wide approach would be preferred. City Attorney Tietjen said Shakopee has discussed an ordinance regarding graffiti removal. Mayor Goettel said several cities have a removal ordinance. Council Member Kilian stated the ordinance would only be marginally effective. Graffiti has diminished because the offenders have been caught through good police work. He discussed the other means that people can damage property. He added that he wants children to be able to go to hobby stores and customers go to craft stores to purchase paint. Council Member Kilian said this ordinance puts the burden on merchants to do police work. Council Member Wroge stated something needs to be done and the businesses have indicated they have no problem with restricting sales. He asked how compliance would be checked. Public Safety Director Scott said it is based upon a good faith approach. Jay Henthorne, Police Lieutenant, said the Minneapolis ordinance does not include compliance checks. The City Council consensus was to proceed with the ordinance. Item # 3 DISCUSSION REGARDING PROSECUTION PROCESS RELATED TO MULTIPLE NUISANCE CALLS AND ORDINANCE VIOLATIONS Martin Costello, Hughes & Costello, the City's prosecuting attorney, explained the municipal ordinance enforcement process, including the municipal prosecutor's role and code enforcement steps. He said Richfield is known as a community that does everything possible to resolve non- compliance issues before prosecuting through the court system. The City needs to show to the courts that the process has been followed. Council Member Wroge asked about the time sequence and how neighbors get upset when it appears the non-compliance issues have not been addressed. He discussed how he was told the garbage haulers in the City of Minneapolis handle properties with long grass, which is a quicker process. Public Safety Director Scott reviewed the City's timeline for enforcement of various non- compliance issues. Mr. Costello gets the cases that the City cannot resolve. Special Worksession Minutes -4- August 14, 2007 Katrina Joseph, Hughes & Costello associate prosecutor, explained the procedure on civil injunction. Council Member Rosenberg said she supported giving the City as many legal enforcement tools as possible, especially an ordinance regarding irresponsible landlords. She stated the City of St. Louis Park has a 3-strike ordinance to address multi-family and apartment issues. Public Safety Director Scott stated Richfield has had the 3-strike and .5 ordinance in place for a long time, and it is enforced. He said the attorney is reviewing the excessive police/nuisance calls ordinance, also. Council Member Rosenberg said the absentee landlords should be required to hire a property management company. Council Member Kilian stated he supports stronger enforcement tools. Council Member Wroge said people have a fear of not remaining anonymous when they call the police or report property maintenance issues. He said agood system is in place with apartment buildings but there is a problem with foreclosure properties and the rental of single family and duplex homes. This is changing the environment in Richfield. Public Safety Director Scott stated the focus five-years ago was multi-family properties, now the focus has changed to single family properties. I ADJOURNMENT Date Approved: 11, ~~b1 Cheryl Kr mhOfz Recording Secretary