Loading...
HomeMy WebLinkAboutCC 03-12-1990 MINUTES OF THE ARDEN HILLS REGULAR COUNCIL MEETING MONDAY, MARCH 12, 1990, 6:30 P.M. - CITY HALL CALL TO ORDER Pursuant to due call and notice thereof, Mayor Sather called the meeting to order at 6:30 p.m. . ROLL CALL The roll being called the following members were present: Mayor Thomas Sather, Councilmembers Nancy Hansen, Paul Malone and Thomas Mahowald. Absent: Councilmember JoAnn Growe. Also present: Planner John Bergly, Attorney Jerry Filla. Engineer Terry Maurer, Park Director John Buckley, Program Supervisor Cynthia Severtson, Public Works Director Daniel Winkel, Clerk Administrator Gary Berger and Deputy Clerk Catherine Iago. PERF. EVALUATION; PUB. WKS. SUPERV. Council conducted a Performance Evaluation for Public Works Supervisor Daniel Winkel, in conjunction with completion of his six-month probationary period. ADOPT AGENDA Councilmember Hansen requested an additional item be placed on the March 12 Agenda, under Consent Calendar: Item E. Permanent Appointment of Public Works Supervisor Daniel Winkel, effective March 1, 1990, and a salary increase to the 95% rate in the salary schedule for this position ($16.79 per hour). Hansen moved, seconded by Malone, to adopt the March 12 Agenda as amended to include Item E, as listed above, under Consent Calendar. Motion carried unanimously. (4-0) INTRODUCTION; PROGRAM SUPERV. Park Director Buckley introduced the newly-apPointed Park Program Supervisor Ms. Cynthia Severtson. . Council welcomed Cynthia and offered congratulations on her appointment to this new position. APPROVE MINUTES Malone moved, seconded by Hansen, to approve the minutes of the February 26 Regular Council Meeting as submitted. Motion carried unanimously. (4-0) CONSENT CALENDAR Hansen moved, seconded by Malone, to approve the Consent Calendar for the March 12 Council Meeting, as amended to include Item E and authorize execution of all necessary documents contained therein: a. Approval of Refuse Hauler License. b. Approval of 1990 Diseased Tree Removal Contract and Authorization to Advertise for Bids. c. Approval of Issuance of Temporary Business License. d. Approval of List of Claims and Payroll. e. Approve Permanent Appointment of Daniel Winkel as Public Works Supervisor, effective March 1, 1990, and authorize a salary increase to the 95% rate. Motion carried unanimously. (4-0) PUBLIC COMMENTS None. . PUBLIC HEARINGS VACATE EXCESS RIGHT-OF-WAY; NEW BRIGHTON RD. & COUNTY RD. E-2 Mayor Sather opened the meeting at 7:30 p.m. for the purpose of a Public Hearing on the Vacation of Excess Right-of-Way at the intersection of New Brighton Road and County Road E-2. Clerk Administrator Berger verified publication of the Notice of Hearing in the New Brighton Bulletin on Wednesday, February 14, 1990, and mailing to affected property owners on Tuesday, February 6, 1990. Minutes of the Arden Hills Regular Council Meeting, 3-1L-~0 ?age 2 RT-OF-WAY (Cont'd) Councilmember Malone questioned if the City is requesting any monetary compensation in exchange for the vacation of the right-of-way in excess of the consultant fee reimbursement. . Attorney Filla advised that Ramsey County obtained the right-of-way through a dedication process and the City is not and was never was fee owner of the property, therefore, the City is not eligible for reimbursement for land value. Mayor Sather asked if there was anyone present who wished to be heard in favor of or opposed to the vacation of the right-of-way. There was no response and the Mayor closed the public hearing at 7:41 p.m. Malone moved, seconded by Mahowald, to adopt Resolution No. 90-11, VACATING EXCESS RIGHT-OF-WAY, at the intersection of County Road E-2 and New Brighton Road. Motion carried unanimously. (4-0) ON-SALE LIQUOR LICENSE FEES; Mayor Sather opened the meeting at 7:41 p.m. for the purpose of a public hearing on the proposed increase in fees for On-Sale Liquor Licenses. Clerk Administrator Berger verified publication of the Notice of Hearing in the New Brighton Bulletin on Wednesday, February 14, 1990 and mailing to affected license holders on February 6, 1990. . Finance Committee member Carl Rundquist explained the 1989 Fee Study report dated 10-26-89 and submitted to Council with the recommendation to increase the On-Sale Liquor License fees 10 percent. Rundquist stated the study included all fees collected by the City excluding building permit fees. He stated the recommendation for a 10 percent increase was based on the following: The fees for on-sale liquor licenses have not been increased since 1986 and the operating costs for the City over that four year span have increased substantially; noted the General Fund increased 26% since 1986. A 10% increase in fees assumes an average 2.5% increase in costs over the four year span. Rundquist also advised the. study included a survey of current fees from surrounding communities and the committee found the 10% increase to be compatible with other liquor license fees. Councilmember Malone advised the costs for administering the liquor licenses as well as the costs for police and fire services has increased substantially and the 10% increase is appropriate. Councilmember Hansen questioned why some communities charge a "flat fee" for on-sale liquor licenses and Arden Hills fees are on a graduated scale. Carl Rundquist stated the rationale for the graduated scale is based on the size of the liquor establishment; the impact on the City as relates to traffic, number of patrons and enforcement. Hansen questioned if there are any indications that the City has increased policing of liquor facilities or is the proposed increase based on the costs for police/fire services increasing over the four year span. Clerk Administrator Berger and Carl Rundquist explained the study did not include a review of the number of police/fire calls to liquor establishments; both agreed the contract/service fees have increased. . Minutes of the Arden Hills Regular Council Meeting, 3-12-90 Page 3 LIQUOR FEES (Cont'd) Councilmember Malone stated he has not noted an increase in the number of calls received to liquor establishments, however, there has been a substantial increase in the contract fees. . Mayor Sather asked if there was anyone present who wished to speak in favor of or opposed to the proposed liquor license fee increase. Tom Cossack, owner of the Blue Fox Inn, stated he understands the City need to cover administrative expenses and did not object to businesses paying a fair share of those expenses. He distributed a letter to Council outlining an 11 month period of operation of the Blue Fox Inn and contributions to various projects for the City for the 11 month period. Cossack noted he also pays State and County taxes. He advised that liquor is at its lowest consumption in 30 years and larger establishments in neighboring communities pay less for liquor fees. Cossack requested Council reconsider imposing the 10% increase as it is his belief the liquor establishments are contributing their fair share~ Cossack eXplained the City of Shoreview has a $5,000.00 liquor license fee and offers a $1,000.00 reduction in the liquor license fees if employees of the establishment attend an alcohol and drug awareness seminar. Jack Welsch, owner of the Big Ten Supper Club, stated he is aware of the fact the public safety costs have increased, llowever, it is his opinion the liquor establishments in Arden Hills are well managed, quiet operations and do not generate problems for police/fire services. Welsch noted in the early years of the Village the liquor establishments made contributions to the police department for training and equipment. 'He agreed that liquor consumption is low and requested Council reconsider the increase. . Patrick Flaherty, owner of Flaherty's Arden Bowl, noted it was indicated that the polic~!fire service calls have decreased and the increased contract costs with these agencies have prompted the proposed increased. Councilrnember Malone stated it was not indicated that the service calls have decreased; the service calls have stayed relatively the same. Flaherty asked if records of the service calls are available for public inspection. Malone stated the records are available. He explained there are approximately 4,000 service calls per year and the current police service contract is $410,000.00; last year the police contract for approximately the same number of calls was $360,000. Malone advised the City fees in general are increased to cover costs of providing services; all license fees are reviewed periodically and increased as necessary. There was discussion relative to the breakdown of calls per establishment versus private residences. Flaherty stated there does not appear to be sufficient paperwork to substantiate the proposed increase and it may be unjustified. He requested Council to defer a decision on this matter until the establishments affected by the increase have an opportunity to review the information relative to the recommended increase. . Attorney Filla stated the focus of this issue is not simply one of cost and if an analysis of information is done by the liquor establishments they will discover the costs to the City for allowing persons to conduct a liquor business is disproportionate to allowing other businesses to operate. He noted the City prosecution costs and law en[()rCemellt costs :tre much higher due to liquor businesses in Arden Hills; substantial costs have been incurred by the City relating to gambling activities which occur in the liquor establishments and driving under the influence. Minutes of the Arden Hills Regular Council Meeting, 3-12-90 Page 4 . LIQ. FEES (Cont'd) Attorney Filla explained conducting a liquor business is a privilege and over the years the State has recognized that the cities can raise revenue by regulating liquor, although that does not appear to relate to this proposed increase. He stated there does not have to be a direct comparison between cost and license fee. Filla advised the City records are available to the public at all times and were available to the liquor establishment owners at least thirty days prior to this hearing and could have been made available to anyone requesting the information. Filla stated it was his opinion a strict accounting between costs and activity generated at any liquor establishment is not applicable. Flaherty advised it is his understanding of the law that a reasonable license fee may be charged but it has to cover the expenses of issuing the licenses and services of police/fire organizations. Filla explained Arden Hills does not raise revenue by issuing liquor licenses, however, Arden Hills or any other city could utilize this method of raising revenue. Flaherty requested Council defer action until the liquor establishment owners review the information relating to costs. Councilmember Mahowald stated he did not believe the owners of liquor establishments would prefer the City to use a system whereby the costs for police and fire services are assessed directly in the amount of service to the liquor establishment. He agreed with Councilmember Malone that over the last four years the costs for providing municipal services to all businesses in the community, including liquor establishments have increased significantly and the City reviews the fee schedule periodically for all licenses. . Mayor Sather asked if there were any further comments from the floor. There was no response and the Mayor closed the public hearing at 8:07 p.m. Attorney Filla advised the City Code states that license fees will be as established by Council from time-to-time and an amended Resolution should be prepared which indicates the fee increase. Councilmember Hansen questioned if the City costs for prosecution of a criminal offense are reimbursed after the case has been through court. Attorney Filla explained the City may be reimbursed for a portion of the costs if a fine is imposed; the portion of the fine reimbursed would not cover the cost of prosecution. He also stated if the violator serves a jail sentence a fine may not be imposed and there would be no reimbursement. Council discussed the possibility of reimbursing a "flat-rate" or a percentage of the liquor license fee if the employees of the licensed establishment complete an alcohol awareness program and deferring this matter until the next regular meeting in March. . Councilmember Malone stated the Finance Committee has carefully studied this matter and in terms of the fee schedule for on-sale liquor license fees this represents an increase in a license fee that has not been changed in four years. He did not object to consideration of a reduction in the fee in conjunction with completion of a drug/alcohol awareness program. Malone moved, seconded by Mahowald, to adopt Resolution No. 90-12, Establishing License and Permit Fees and Liability Insurance Requirements, increasing on-sale liquor license fees, effective April 1, and amending Resolution No. 87-63. Motion carried unanimously. (4-0) Minutes of the Arden Hills Regular Council Meeting, 3-12-90 Page 5 LIQ. FEES (Cont'd) Council concurred to direct the Public Works/Safety Committee to study the feasibility of a reduction in the on-sale liquor license fee, either by a "flat-rate" or a percentage, if the employees of the establishment complete a drug and alcohol awareness program. . REQ. EXTENDED OFF-SALE LIQUOR HOURS & 2 ADD'L DAYS OF SALE Council was referred to a letter from Jack Welsch, owner of the Big Ten Supper Club, dated 2-14-90, requesting an extension of the off-sale liquor hours arid adding two additional days, as per Minnesota Statute 340-A.504. Attorney Filla reviewed his letter dated 3-1-90, outlining the current State Law relating to cities being permitted to authorize extended weekday hours for off-sale of intoxicating liquor until 10:00 p.m. and sale on New Years Day and the Fourth of July between the hours of 8:00 a.m. and 10:00 p.m., unless those days fall on a Sunday. He noted to accommodate this change the City would have to amend Section 3-16(d) of the Code of Ordinances, however, the City can be more restrictive than State law. Filla also referred to a typographical error in Section 3-16(d) and recommended correction of the error in conjunction with any changes in the Ordinance. Malone moved, seconded by Mahowald, to direct the City Attorney to draft an amendment to the Code of Ordinances to allow the extension of off-sale liquor hours, add two additional days of sale and correct typographical errors to the appropriate section and return the amendment to Council at their regular meeting held March 26. Motion carried unanimously. (4-0) Councilmember Mahowald questioned if surrounding communities have amended their liquor regulations to include extended hours of sale. Deputy Clerk Iago offered to survey surrounding communities. . Attorney Filla commented cities may be more willing to have uniform hours of sale of liquor, based on the businesses ability to remain competitive. Council requested staff conduct a survey of surrounding communities to determine if they have adopted the extended hours and additional days of sale prior to adoption of the amendments. CASE 1188-04; LOT DIVISION, 1960 W. CO. RD. E-2, MUNSON/ROBINSON Council was referred to the Planner's report and Planning Commission minutes dated 3-7-90, relative to the proposed Lot Division, 1960 W. County Road E-2. Munson/Robinson property. The Planner explained the previous action by Council to vacate the right-of-way located at the intersection of New Brighton Road and County Road E-2 relates directly to this application; the additional land provides the applicant sufficient area to meet the lot requirements for the R-2 District. Bergly explained the request is to divide a lot into three parcels of land; Lot 1 will contain the existing residence, Lot 2 will contain a new residence, and parcel 3 will be an outlot which provides the property to the south to control ownership of the property on which their garage and shed are located. He explained Council will be asked to consider attachment of the outlot to the southerly property to provide a "clean'l title to the land. . The Planner and Planning Commission recommended approval of the lot division conditioned upon the five conditions listed in the Planning minutes of 3-7-90. Minutes of the Arden Hills Regular Council Meeting, 3-12-90 Page 6 . CASE #88-04 (Cont'd) There was discussion relative to orientation of the home to be located on Lot 2. The Planner advised the home will be oriented toward New Brighton Road. He eXplained the Zoning Administrator, Engineer and Planner reviewed the existing front yard setbacks in this area and concurred the home will be placed at the required 40 ft. setback from the front and corner lot lines. Malone moved, seconded by Hansen, the Council approve Case No. 88-04, Lot Division of platted lot of record (Munson's Subdivision) Lot 3, Rohleder's Home and Garden Addition, at 1960 West County Road E-2, subject to the following conditions: 1. Successful transfer of the ..excess right-of-way to Mr. Robinson and reimbursement to the City of costs incurred in the review process. 2. Receipt and acceptance of the easement documents by the City prior to issuance of the building permit for Lot 2. 3. That no yard (building setback) variances will be allowed when the house on Lot 2 is constructed. 4. Satisfaction of the park dedication requirements for an additional home site. 5. That the existing shed, which does not conform to setback requirements, be removed. Motion carried unanimously. (4-0) APPRV. ATTACHMENT OUTLOT TO 3809 NEW BRIGHTON ROAD, MUNSON SUBDIVISION Malone moved, seconded by Hansen, to approve the attachment of the Outlot on Lot 1 of the Munson Subdivision to the property at 3809 New Brighton Road. Motion carried unanimously. (4-0) . REQ. FUNDS; SPRING CLEAN-UP DAY 4/5/90 Shoreview in a "Spring Council was referred to a memorandum from Public Works Supervisor Winkel dated 3-8-90, requesting authorization to expend funds for participation with the City of Clean-up Day". Councilmember Mahowald questioned if this is a budgeted item. Public Works Supervisor Winkel explained staff is researching the budget to determine which funds will be utilized to cover the costs; some costs will be reimbursed from residents payment for disposal. Council discussed the memorandum from Shoreview relative to proportionate payment for the joint participation and labor costs. Councilmember Malone suggested Arden Hills reimburse Shoreview only for costs they directly provide. Park Director Buckley advised the Arbor Day celebration, normally held the last weekend in April, will be moved to May 5, 1990 in conjunction with the clean-up day. Mahowald moved, seconded by Hansen, that Council authorize an expenditure not to exceed $4,000.00 for participation in a joint Spring Clean-up Day, May 5, 1990, with the City of Shoreview, and that Shoreview be notified the City will pay one-third of the direct costs associated with the clean-up and the remainder of the funds will be spent on a progressive marketing program to promote Arden Hills residents participation. Motion carried unanimously. (4-0) . . . . ~inutes of the Arden Hills Regular Council Meeting, 3-12-90 Page 7 COUNCIL COMMENTS RUBBISH HAULERS; YARD WASTE COLLECTION Councilmember Hansen questioned if the licensed rubbish haulers will be collecting yard waste separately from their regular collection day. Mayor Sather advised the North Suburban Mayors will be discussing yard waste at their next regular meeting and he will report to Council at a later date. TEAM BUILDING Councilmember Hansen questioned if the Team Building session is still scheduled for March 30-31, 1990. Clerk Administrator Berger advised two persons are unable to attend on those dates and the session will be rescheduled. REPORT; JOINT MTG. Councilmember Malone reported on the recent meeting with SCHOOL BOARD School Board members from District #621; noted the meeting was very worthwhile and the main topic of discussion was exploring methods of utilizing joint facilities. Councilmember Mahowald agreed with Malone and explained the School Board representatives should be invited to the April meeting of the City Hall Committee to discuss the potential for utilization of joint facilities for use by Arden Hills residents. ADJOURN Hansen moved, seconded by Malone, to adjourn the meeting at 8:45 p.m. Motion carried unanimously. (4-0) Gary R. Berger Clerk Administrator Thomas R. Sather Mayor NOTICE OF MEETINGS There will be a Council Worksession held on Monday, March 19, 1990, at 4:30 p.m., at the City Hall. The next Regular Council Meeting will be held on Monday, March 26, 1990, at 7:30 p.m., at the City Hall.