11-26-01 Worksession
CITY COUNCIL MINUTES
Richfield, Minnesota
Special Worksession
November 26, 2001
CALL TO ORDER
The meeting was called to order by Mayor Kirsch at 6:01 p.m.
ROLL CALL
Members Present:Martin Kirsch, Mayor; Susan Rosenberg; Gertrude Ulrich; John Enger;
and Sue Sandahl.
Staff Present:Samantha Orduno, City Manager;Bruce Palmborg, Community
Development Director; Dan Scott, Public Safety Director; Betsy
Christensen, Health Administrator; Rick Regnier, Chief Building
Official; Glenn Mork, Police Lieutenant; Cheryl Krumholz, Recording
Secretary; and Corrine Thomson, City Attorney.
Item # IDISCUSSION OF PROPOSED ORDINANCE AMENDMENT REGARDING
CITY’S HOUSING CODE AND LICENSING OF RENTAL PROPERTY
Public Safety Director Scott reviewed the background related to the proposed
ordinance regarding the City’s housing code and the licensing of rental property. He said
staff is seeking feedback from the City Council before presenting this matter to the Council
for formal consideration in January.
Julianne Schwietz, Community Apartment Program Director, explained the proposed
ordinance changes. She said the Richfield Apartment Managers Association (RAMA) has
reviewed the ordinance and provided feedback from their perspective. She said RAMA was
very supportive of the efforts.
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Mary Tietjen, Kennedy & Graven, discussed the new provisional license category for a
multi-residential property that exceeds the number of behavioral calls for service based on
the size of the complex.
LieutenantMork explained the determination that if a multi-residential housing
complex exceeds five calls per unit, it would justify the need for the complex to be put
temporarily into a provisional license category.
Public Safety Director Scott said the proposed changes forces apartment
management and/or owners to take responsibility for their property.
Ms. Tietjen reviewed a behavioral piece, named “Conduct on licensed premises”
(commonly referred to as “three strikes”), which relates to specific violation by an individual
tenant(s). She explained the enforcement mechanisms related to housing maintenance
issues.
Council Member Rosenberg asked about the consequences of the “3 strike” process.
Ms. Tietjen said there are State Statute guidelines. She said ramifications could
include license revocation, higher license fees and penalties for inspections.
Ms.Schwietz said displacing apartment tenants is not a desired outcome. She said
an option could be not permitting vacancies to be filled until there is compliance.
City Manager Orduno said the goal is compliance, not punishment.
Ms. Schwietz discussed the Crime Free Multi-Housing Program training which would
be mandatory with a provisional license.
Council Member Sandahl asked if there was a charge for the training.
Public Safety Director Scott said the participants pay for the training.
The City Council consensus was to place the proposed ordinance regarding the City’s
housing code and the licensing of rental property on the January agenda.
Item # IIDISCUSSION OF RESOLUTION 8808 REGARDING CITY’S PROGRESSIVE
LIQUOR DISCIPLINE FOR LICENSED LIQUOR ESTABLISHMENTS
City Manager Orduno reviewed Resolution 8808 regarding the City’s progressive
liquor discipline for licensed liquor establishments. She said there is no structure in place
beyond the fourth offense. The resolution currently reads that the fourth offense means a
permanent license revocation.
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Health Administrator Christensen reviewed the research results of 20 cities to
determine what they require beyond the fourth offense. She said Richfield appeared the
most aggressive in conducting compliance checks.
Council Member Ulrich asked if the survey generated interest of the cities to be more
aggressive in checks.
Health Administrator Christensen said that most of the cities were content with their
current process. She said there appeared to be an unwillingness to develop a progressive
discipline approach.
City Manager Orduno said in some cities, the compliance checks are complaint
driven. She said Richfield’s checks are quite fair.
Ms. Christensen said the seller’s fine for underage serving has increased from $100
to $400.
Council Member Sandahl said that according to the survey, Richfield’s fines appear to
be in line with other cities.
Ms. Christensen said $2000 is the maximum per violation per State Statute.
Council Member Sandahl suggested proposed language for offense options be
prepared for consideration in an amended resolution.
Council Member Enger suggested raising the fine for the first, second and third
violations, and reduce the time between offenses. He said he did not want to put any
establishment out of business.
Council Member Ulrich said she spoke with a Bloomington Council Member who said
Bloomington has liquor compliance problems and Richfield does not because the City’s
liquor operation is run by well-trained professionals.
The City Council consensus was to return to the City Council at a January
Worksession with progressive liquor discipline options for licensed liquor establishments,
including discipline beyond the fourth offense, increasing the fine for the first, second and
third violations and reducing the time frame between offenses.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 6:55 p.m.
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Date Approved: _________________
Martin J. Kirsch
Mayor
Cheryl KrumholzSamantha Orduno
Recording SecretaryCity Manager