03-12-01 Worksession
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Special Study Session
March 12, 2001
CALL TO ORDER
The meeting was called to order by Mayor Kirsch at 5:30 p.m.
ROLL CALL
Members Present:Martin Kirsch, Mayor; Susan Rosenberg; Gertrude Ulrich; and John
Enger.
Members
Not Present:Sue Sandahl.
Staff Present:Steven Devich, Acting City Manager; Jim Topitzhofer, Recreation
Services Director; Mike Eastling, Public Works Director; Cheryl
Krumholz, Recording Secretary; and Corrine Thomson, City
Attorney.
Item # IDISCUSSION OF SUMMARY OR DESCRIPTIVE RECORDING OF CITY
COUNCIL MINUTES
Council Member Enger said he wanted to see more descriptive minutes, not
necessarily verbatim, but a clearer, better understanding of what took place at City Council
meetings.
Council Member Ulrich said that if there is an issue she feels strongly about, she
will type comments herself and ask to have them included in the minutes.
Council Member Rosenberg said she prepares written comments and also asks to
have them included in the minutes. She stated that the minutes are on audio tape if more
detail is needed.
Special Study Session Minutes-2-March 12, 2001
Council Member Ulrich asked how often the minutes are referenced by the public.
Acting City Manager Devich answered that the audio tapes are occasionally
requested. The minutes can certify that the appropriate legal process was followed.
Council Member Ulrich said that she felt the action taken was most frequently
referenced.
Mayor Kirsch stated that the current process had been followed for several years
and didn’t see a need to change.
Council Member Rosenberg said she felt the minutes were satisfactory and saw no
reason for doing anything different.
City Attorney Thomson said the minutes should provide some recounting of what
happened at the meetings. Minutes must be an accurate record of the proceedings.
Anyone can ask to have them corrected and the Council can act upon those requests.
Council Members can ask to have minutes amended. It is up to the City Council to
determine the level of detail to be provided.
Council Member Enger said he felt that when a City Council person speaks, it
should be in the minutes.
Mayor Kirsch stated that the majority of the Council agrees that the minutes are
currently being recorded satisfactorily.
Council Member Rosenberg said that staff will amend the minutes as requested at
anytime.
Item # IIDISCUSSION OF PLACING OVERHEAD UTILITY LINES UNDERGROUND
AROUND VETERANS MEMORIAL PARK OF RICHFIELD ALONG
PORTLAND AVENUE
Public Works Director Eastling discussed the placing of overhead utility lines
underground around Veterans Memorial Park along Portland Avenue and related funding
issues. Mr. Eastling provided the following background:
x
During February 2000, the Hennepin County Department of Public Works
announced a program to financially assist inner ring suburbs in enhancing the
aesthetics and/or safety of county roads in those communities. At that same
time, Richfield was considering a project to move the sidewalk back away from
the curb and burying the overhead utilities on Portland Avenue from the Water
Treatment Plant to the American Legion and on 66th Street from 11th Avenue to
the municipal swimming pool.
Special Study Session Minutes-3-March 12, 2001
x
The City has the right to direct Northern States Power Company (NSP) to bury
its overhead electrical lines; however, NSP has the right to recover the cost of
burying the overhead utilities. Hennepin County will pay $69,100 of the
estimated $171,300 cost to bury the lines. The balance, in the amount of
$102,200, remains unfunded. One option for paying this amount is to allow NSP
to add an additional charge to the monthly bills of all ratepayers in the City. It is
estimated that an additional $1 per month for homes, $3 for small business
users and $4 per month for large business users would pay off this debt in about
seven months. This system of funding has only recently been authorized by the
Public Utilities Commission (PUC) and is being used by other cities in the NSP
service area.
x
On April 11, 2000, the Community Services Commission took action
recommending the proposed sidewalk improvements and burying of utilities
including using NSP to collect the unfunded portion of the cost.
x
The Planning Commission held a public hearing on this proposal on June 27,
2000. After the commission closed the hearing, it voted unanimously to
recommend the project but the motion withheld comment on using NSP to fund
the unpaid portion of the cost.
x
Staff also asked all adult Richfield residents who attended the Public Works
Open House on May 6, 2000 if they would be willing to add $1 per month to their
electric bills for up to nine months for burying overhead utilities near Veterans
Memorial Park of Richfield. Residents voted 76 to 6 in favor of the project and
NSP funding.
Council Member Ulrich said the League of Women Voters has a long time position
favoring the undergrounding of utilities throughout the City. She is in favor of this project
now and the undergrounding on other main thorough fares later.
Mayor Kirsch said that Council Member Sandahl notified him before she left on her
trip that she supported putting the additional charge on the electric bill.
Larry Wozniczka, 6744 Wentworth Avenue, asked about additional costs to solve
the problem of the utility pole on the corner of 66th Street and Portland Avenue and the
radius to the curb.
Public Works Director Eastling said that issue is scheduled for review in 2004.
More information about the intersection will be provided in the future.
The City Council supported a public hearing on March 26, 2001 to gather more
public input.
Item # IIII-494 CORRIDOR COMMISSION REPORT ON PAST, PRESENT AND
FUTURE ACTIVITIES IS WITHDRAWN
This discussion was postponed because key I-494 Corridor Commission members
were in Washington, D.C.
Special Study Session Minutes-4-March 12, 2001
Item # IVDISCUSSION OF PROPOSED ORDINANCE ALLOWING SALE OF
LIQUOR AT RICHFIELD COMMUNITY CENTER
Recreation Services Director Topitzhofer reviewed the background related to the
proposed ordinance allowing the sale and consumption of intoxicating liquor at the
Richfield Community Center. He said this is an effort to expand rental potential of the
center and generate new revenue. By permitting a licensed on-sale liquor provider to
serve liquor at the center, staff could effectively market the facility to a new base of users,
including wedding, birthday and anniversary parties and other receptions. The process
would include:
x
On-sale liquor providers in Richfield and adjacent cities would apply for a Public
Premises On-Sale Liquor Permit. Upon receipt of the permit application, staff
will investigate license, dram insurance, and past violations. The permit would
not be granted if the licensee committed a violation in the past six months.
x
Customers would then contact directly with one of the licensed on-sale
providers.
x
Depending on the size of an event, a police officer would be required to
supervise.
x
On-sale liquor providers would pay an annual application fee, as well as a per-
event fee. This fee structure will be included in an amendment to the City
License, Permit and Miscellaneous Fee Resolution at a later date.
Council Member Ulrich expressed concern about the Community Center becoming
“party-central”. She said she has received mixed feedback from residents on this issue.
She said reception sites in Richfield are needed but this ordinance makes the Community
Center open to any group or event.
Recreation Services Director Topitzhofer said that the City will have the right to limit
the conduct at these events by additional police officer presence.
Council Member Enger asked how it would be determined how many police officers
would need to be present.
Mr. Topitzhofer said a City staff person would be in attendance to monitor the event
and could contact the Public Safety Department if necessary. Compliance checks could
be conducted but could be awkward since the event is a private party.
Council Member Rosenberg said that if the bride and groom are underage, no
liquor would be served. She asked if other cities served liquor at their Community
Centers.
Mr. Topitzhofer said that he started this activity in two other communities he worked
in and it worked well. The difference in Richfield is the involvement of compliance checks.
Special Study Session Minutes-5-March 12, 2001
Council Member Rosenberg said that if a non-Richfield establishment is the liquor
provider and is non-compliant, the City would have a no tolerance policy. That
establishment would not be allowed back in Richfield.
Council Member Ulrich suggested a one-year trial period and then discontinue it if
there are problems. The City would need to honor events already booked however.
Council Member Rosenberg supported the trial period but said the Council would
need to be made aware of problems. It would be good revenue for the center.
Council Member Enger asked about enforcement if a Richfield establishment
violates compliance while at the center.
City Attorney Thomson said it could be included with any previous violations.
Mayor Kirsch asked if a penalty could be imposed on non-Richfield establishments.
City Attorney Thomson said it could because State Statute states the issuer of the
permit or license can impose a penalty. The Statute also does not require a permit, but
states approval of governing body is necessary.
Council Member Enger suggested revising the ordinance so only beer and wine can
be served at receptions and no permit would be issued.
City Attorney Thomson said the current ordinance in place prohibits sale,
consumption, or possession with intent to consume alcohol in public parks. It would need
to be changed to permit this activity at the Community Center.
Council Member Enger said permitting beer and wine at specific park sites may limit
events to one-time parties, not recurring activities. He said that maintaining compliance
related to underage drinking can be included in the contract. He said the City should not
be involved in the sale of liquor under any circumstances. The July 4 event is different
because it is in a confined area with admittance of only legal age individuals.
Recreation Services Director Topitzhofer expressed concern about the City being at
increased risk if the accountability and responsibility is on the customer. On-sale places
responsibility on the provider.
The Council requested that Recreation Services Director Topitzhofer meet with
Public Safety Director Scott to discuss the issues raised this evening. Further discussion
of refinements of the ordinance is to be scheduled for a future Study Session.
Special Study Session Minutes-6-March 12, 2001
ADJOURNMENT
The meeting was adjourned by unanimous consent at 6:53 p.m.
Date Approved:
Martin J. Kirsch
Mayor
Cheryl KrumholzSteven Devich
Recording SecretaryActing City Manager