11-27-23-R - Laserfiche WebLink

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ARDEN HILLS CITY COUNCIL—NOVEMBER 27, 2023 17 Mayor Grant commented on how the discussion at this time had to be germane to the forfeiture of the tobacco license for Arden Hills Tobacco. Councilmember Monson asked if the forfeiture was accepted could the Council then move on a moratorium. City Attorney Schmidt reported this would be the proper process to follow. The motion to accept the forfeiture of Arden Hills Tobacco's tobacco license carried (4-0). Assistant to the City Administrator/City Clerk Hanson explained the City had received one tobacco license application for this location. She noted during the renewal process, a new buyer has come forward under a different company name. Councilmember Holden asked what this meant for the proposed moratorium. City Attorney Schmidt stated a moratorium could be put in place and this would apply to the active application. Councilmember Holden explained she supported the Council reviewing this topic now versus addressing this topic in the future. Councilmember Fabel indicated this was an important topic, but he was concerned with the fact no public notice was given regarding the proposed moratorium, nor was this topic on the agenda. He commented on how this moratorium could impact local business owners and he believed the City should be obligated to give public notice of the intent to address this topic at a future meeting. He was of the opinion it was procedurally inappropriate to take action on this item without giving the public notice. Councilmember Holden reported when she discussed this matter with staff, she was told this item did not need to be given notice, nor did the agenda have to be amended. City Attorney Schmidt concurred and explained there was no specific requirement that notice be given or that a public hearing be held on a moratorium or an interim ordinance, unless it is related to livestock management or official controls related to housing. However, that doesn't mean the Council couldn't do this, should they choose to. Councilmember Monson stated she agreed with Councilmember Holden that this topic should be further considered by the City Council, especially given the fact a tobacco license was just forfeited. She supported the City having more controls in place surrounding licensing given the concerns the City has had. She believed it would be nice for the Council to take the time to review this topic as well as the violation fees further. She stated while the City does not have to legally notice the proposed moratorium, she understood it may be a good idea. However, considering the City has an active application for a tobacco license, she would favor a moratorium being put in place at this time.