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HomeMy WebLinkAbout09-28-09-R �S EN HILLS Approved: November 16, 2009 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING SEPTEMBER 28, 2009 7:00 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Stan Harpstead called to order the regular City Council meeting at 7:00 p.m. Present: Mayor Stan Harpstead Council Member David Grant Council Member Brenda Holden Council Member Dave McClung Council Member Fran Holmes Absent: None. Also present: City Attorney Jerry Filla City Administrator Ronald Moorse Public Works Director Gregory Hoag Community Development Director James Lehnhoff City Planner Meagan Beekman Parks and Recreation Manager Michelle Olson Mark and Roberta Thompson Recording Secretary, Tina Borg. PLEDGE OF ALLEGIANCE L APPROVAL OF AGENDA Councilmember Grant requested item 4C be pulled from the Consent Calendar. HILLS Approved: CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING SEPTEMBER 28, 2009 7:00 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Stan Harpstead called to order the regular City Council meeting at 7:00 p.m. Present: Mayor Stan Harpstead Council Member David Grant Council Member Brenda Holden Council Member Dave McClung Council Member Fran Holmes Absent: None. Also present: City Attorney Jerry Filla City Administrator Ronald Moorse Public Works Director Gregory Hoag Community Development Director James Lehnhoff City Planner Meagan Beekman Parks and Recreation Manager Michelle Olson Mark and Roberta Thompson Recording Secretary, Tina Borg. PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA Councilmember Grant requested item 4C be pulled from the Consent Calendar. ARDEN HILLS CITY COUNCIL—September 28, 2009 2 1. Approval of Agenda (continued) Councilmember Holmes requested that item 7C — Discussion Regarding the October 12, TCAAP Work Session, October 12, 2009 Regular City Council Meeting, and Scheduling TCAAP Work Sessions, be added to the agenda. MOTION: Councilmember McClung moved and Councilmember Holden seconded a motion to approve the agenda as amended. The motion carried unanimously (5-0). 2. PUBLIC INQUIRIES/INFORMATIONAL A. TCAAP Update City Administrator Ronald Moorse stated there had been a conference call with Kevin Legare of the GSA today. The call was an opportunity to obtain an update regarding the status and timing of the elements of the GSA's planned public sale process, and to discuss information and requirements to be included in the Invitation for Bid. The GSA will be posting a notice about the property on their disposal website to see what interest there is in the property. They are also working out the logistics for potential buyers to have tours of the property. The Bidders - Conference has been moved into November. The GSA met with MPCA and the EPA to discuss the cleanup of the property. They discussed potentially selling the F.O.S.T. property and leasing the F.O.S.E.T. property. There would be a performance bond that goes along with this in order to ensure that the property is cleaned up. The F.O.S.T. property has been cleaned up to industrial standards but the F.O.S.E.T. property has not. Ramsey County has contacted the GSA regarding the acre of TCAAP property they will need for the Highway 10 and County Road 96 project. The next scheduled conference call is October 12, 2009. - Councilmember Holmes asked who would be responsible for the cleanup of the F.O.S.E.T property if it were leased. City Administrator Moorse stated that the buyer would be responsible. Councilmember Holmes stated that the property could not be sold unless it was cleaned up. City Administrator Moorse stated that they are looking into leasing it until the cleanup has been completed. The GSA did not provide details as to why they were looking into this option rather than a sale of the property. The City will need to ARDEN HILLS CITY COUNCIL— September 28, 2009 3 2A. TCAAP Update (continued) look into this to determine the potential benefits and down sides including who would be responsible for the performance bond. Mayor Harpstead asked if the GSA has sent a formal request to the MPCA and the EPA for evaluation. City Administrator Moorse stated that the lease had been discussed at a meeting but was not sure if a formal request had been done. Mayor Harpstead stated that the City would like a copy of the lease. City Administrator Moorse stated that the Council will meet in a j oint work session with the Ramsey County Board to discuss the reuse of the TCAAP property for parks and open space, and to discuss the County's interest in obtaining the land for parks and open space use. Mayor Harpstead asked where the meeting was being held and the time. City Administrator Moorse stated that the meeting will be at 12:00 p.m. on October 20, 2009 in the Court House in downtown St. Paul. Mayor Harpstead clarified that this was an open public meeting. Councilmember Holmes stated that the public was welcome to attend but this - meeting was not an opportunity to provide public input. Councilmember Holden asked if Staff would be putting together a presentation for - this meeting. City Administrator Moorse stated that Staff would be putting together a presentation for this meeting and would welcome input from the Council. Any input should be sent to Community Development Director Lehnhoff. Public Mayor Harpstead opened the public inquiries/informational at 7:13 p.m. Mayor Harpstead closed the public inquiries/information at 7:14 p.m. 3. APPROVAL OF MINUTES ARDEN HILLS CITY COUNCIL—September 28, 2009 4 3. Approval of Minutes (continued) A. July 20, 2009 City Council Worksession Meeting B. August 17, 2009 City Council Worksession Meeting MOTION: Councilmember McClung moved and Councilmember Holden seconded a motion to approve the July 20, 2009 City Council Worksession Meeting Minutes and the August 17, 2009 City Council Worksession Meeting Minutes as presented. The motion carried unanimously (5-0). 4. CONSENT CALENDAR A. Claims and Payroll B. Motion to Approve Payment #7 to Frattalone Companies, Inc., of Little Canada, Minnesota, in the Amount of $65,067.96 for the 2009 Pavement Management Program C- Maiicm t" A:ni3f:E)Ve- Rpacaliiiia:n 016- A .�—vzv-T�z vrLr ern. ")nzn r.,,V,,,,,-ojN-/%-FX JL.LJLJ X%W X.onnii�o D ,,�� TT,..a.,+Aa%J-11 NJo D. Motion to Approve Payment in the Amount of $12,496.09 to Kimley- Horn for Engineering Services in August for the ARRA Elmer L. - Anderson Memorial Trail Connection Project E. Motion to Complete the Paving Project at 1315 Red Fox Road, and to Authorize Staff to Sign an Agreement with Frattalone Companies Inc./Tower Asphalt Inc. to Complete the Work F. Motion to Accept the Resignation of Chris Gabiou from the Communications Committee MOTION: Councilmember Grant moved and Mayor Harpstead seconded a motion to approve the Consent Calendar as amended and to authorize execution of all necessary documents contained therein. The motion carried unanimously (5-0). 5. PULLED CONSENT ITEMS A. Motion to Approve Resolution 2009-026: A Resolution Approving the 2030 Comprehensive Plan Update Community Development Director James Lehnhoff stated that State Statute requires all cities and townships in the seven county metropolitan area to update their comprehensive plans every ten years with the most recent due date having been December 3 1, 2008. The City Council reviewed the draft plan at their July 14, ARDEN HILLS CITY COUNCIL—September 28, 2009 5 S.A Approval of the 2030 Comprehensive Plan Update (continued) 2008, meeting where they authorized the release of the draft plan to the affected jurisdictions for comments. The affected jurisdictions completed their review in early December 2008 and the City Council gave preliminary approval to the Comprehensive Plan on December 15, 2008, and authorized submitting the Plan to the Metropolitan Council for review. The Metropolitan Council reviewed the Plan and requested changes to bring it into complete conformance with the system statement and regional policy plans. The requested changes were primarily technical in nature and none of the changes impacted the goals or policies approved by the City Council. Once the open questions were resolved, the Metropolitan Council declared the Plan complete on June 1, 2009. The requested changes were outlined in the memo to the Council. Councilmember Grant stated that Chapter 6: Land Use on page 2 and page 3 of the memo references minimum average density. He asked Community Development Director to explain this for the record. Community Development Director Lehnhoff stated that the Comprehensive Plan references the mixed residential category for the 2030 future land use map and this mixed residential category is what was applied for TCAAP. When the City was working on the Comprehensive Plan, the City was working with RRLD and the mixed use concept that was being looked at then. It was the intention that that would get refined further once the City had settled on a land use map. What the City had initially sent to the Metropolitan Council for the mixed residential category was an average density of 10.4 units per acre. This was based on the density discussion of the Council at that time. The Metropolitan Council made a request (and one of the requirements) was that they don't look for an average density but rather a range of densities. In this particular one Staff offered for them to review was "The anticipated average density is 10.4 unites per acre with a minimum average density of six units per acre up to a maximum density of 46 units per acre, though the density will vary on the property." It does go on to say that this land use is designated for the proposed TCAAP redevelopment, and the density is subject to change once a final land use plan is selected. The number 6 is in there for minimum average density because this is one of the implementation tools that the Met Council looks for in the affordable housing requirements. The City's target number for affordable housing is 288 units and the Met Council looks for enough acres to at least accommodate this. This is minimum average density so this does not mean that everything would be built at 6 units per acre. This does mean that parts of the property could be less than 6 units per acre because there was going to be other parts of the property that would potentially be at the 46 units per acre. ARDEN HILLS CITY COUNCIL—September 28, 2009 6 SA. Approval of the 2030 Comprehensive Plan Update (continued) Minimum average does mean that the City could still have less than 6 units per acre but it would still be enough to accommodate the affordable housing target number. Councilmember Holden asked if the City stated they were having a minimum number of 6 units per acre, how would affordable housing be changed if this number was 4 units. Community Development Director Lehnhoff stated that one of the things the Met Council includes in their implementation standards for the affordable housing requirement is a density of six units per acre, based on it being easier to develop affordable housing because of the higher density. Six units per acre doesn't create affordable housing but, this is one of the things they look at for implementation techniques. Councilmember Holden asked if Met Council would reject the Comprehensive Plan if the City had an average density of 4 units per acre. Community Development Director Lehnhoff stated that this was correct. Mayor Harpstead clarified that this was over all residential acreage in the City. Community Development Director Lehnhoff stated that this was for TCAAP. The averages are overall for the acreage available for residential use. When these numbers were looked at the City was looking at a different reuse concept for the TCAAP property than what they are currently looking at. This may be something that the City may want to look at changing in the future. Councilmember Grant stated that the Plan says that the anticipated average density is 10.4 units per acre. He asked if the City was locked into this number. Community Development Director Lehnhoff stated that the City was not locked into this number. It was always the understanding that there could be changes to the land uses proposed on TCAAP because the City had not finalized those land uses. Councilmember Grant asked if the City would be required to do 46 units in any specific location. Community Development Director Lehnhoff stated that the City would not. ARDEN HILLS CITY COUNCIL—September 28, 2009 7 SA. Approval of the 2030 Comprehensive Plan Update (continued) Councilmember Grant clarified that the City needed to reach the minimum average density of 6 units per acre but was not locked into the average density of 10.4 units per acre or maximum density of 46 units per acre. Community Development Director Lehnhoff stated that this was the intent of this statement. It was also meant to provide the City with the most flexibility. MOTION: Councilmember Grant moved and Councilmember Holden seconded a motion to Approve Resolution 2009-026: A Resolution to Approve the 2030 Comprehensive Plan Update. The motion - carried unanimously (5-0). 6. PUBLIC HEARINGS None. 74, NEW BUSINESS A. Motion to Approve Planning Case 09-017 for a Variance and Site Plan Review at 3413 Snelling Avenue, Based on the Findings of Fact and the Submitted Plans, as Amended by the Five Conditions in the September 28, 2009, Report to the City Council City Planner Meagan Beekman stated that the applicant is the architect for Mark and Roberta Thompson, owners of the dwelling at 3413 Snelling Avenue, which is located in the R-1 Zoning District. The property is a lakeshore property and is located on the east side of Lake Johanna. The existing house is setback approximately 3 10 feet from the front property line and 13 5 feet from the lake. The applicants are requesting a variance to construct an 816 square foot detached garage in the front yard of the property. The garage would be setback 43 feet from the front property line. While the structure would meet the front yard setback requirement of 40 feet, a variance is required because accessory structures are not permitted in front yards. The applicant is also requesting a site plan review due to the size of the garage. Councilmember Holmes inquired about the structure that appeared in the photographs in the area of the proposed garage. City Planner Beekman stated that the structure in the photos actually belonged to the neighbors. ARDEN HILLS CITY COUNCIL—September 28, 2009 8 7A. Planning Case 09-017 (continued) Councilmember Holden clarified that there was only one other exterior building on the property. City Planner Beekman stated that this was correct, a 70 square foot shed. Councilmember Grant stated that the reason that this item was not on the consent calendar was because the applicant is a Planning Commissioner. Councilmember McClung pointed out that Commissioner Thompson had excused herself from the planning meeting when this item had been discussed. MOTION: Councilmember McClung moved and Councilmember Grant seconded a motion to Approve Planning Case 09-017 for a Variance and Site Plan Review at 3413 Snelling Avenue, Based on the Findings of Fact and the Submitted Plans, as Amended by the Five Conditions in the September 28, 2009, Report to the Citv Council. Councilmember Holden asked what the height of the proposed garage was. City Planner Beekman stated that the height was 147". The motion carried unanimously (5-0). B. Motion to Approve Ordinance 2009-011 to Amend Chapter 5 of the City Code Regarding Alcoholic Beverage Regulations as Presented in the September 28, 2009, Report to the City Council Motion to Approve Publishing a Summary of Ordinance 2009-011 Motion to Approve Ordinance 2009-012 to Amend Section III of the City's 2009 Fee Schedule to Add Administrative Fines for Violations to the State's Minor Consumption Laws Motion to Approve Publishing a Summary of Ordinance 2009-012 City Planner Beekman stated that Staff and the City Attorney have drafted language to update the Alcoholic Beverages Chapter of the City Code. The impetus for these changes came with the State's adoption of the smoking ban. At that time the question of how the city regulates the outdoor consumption of alcoholic ARDEN HILLS CITY COUNCIL—September 28, 2009 9 7B. Motion to Approve Ordinance 2009-011 and Ordinance 2009-012 (continued) beverages was raised. Staff asked the City Attorney to review the issue. The City Attorney found that the City's existing regulations did not prohibit outdoor consumption of alcoholic beverages as long as the establishment holding the liquor license included the square footage of the outdoor consumption area on the application for the license. This prompted an internal Staff review of the application and approval process for all liquor licenses in the City. The application forms have since been updated to clearly reflect this requirement. During the course of this review the City Attorney found a number of redundancies within the City's existing regulations. In addition, he noted that many of the references to State Statutes were incorrect, and in some cases the city's regulations were inconsistent or contrary to current State Statutes. Staff and the City Attorney have prepared an update to chapter 5, Alcoholic Beverages, in order to bring it in line with current State requirements. During the course of reviewing the regulations Staff found a number of opportunities to improve the existing regulations by modernizing language, eliminating incorrect definitions, and adding administrative fines for violations of the minor consumption laws. City Planner Beekman summarized the amendments. Councilmember Grant clarified that the holiday schedule had not changed. City Planner Beekman stated that this was correct. Councilmember Holden asked if it matters on the application if the outside of the building is used only seasonally. City Planner Beekman stated that the application is set up so that a site plan - review would have to be submitted. This site plan would have to indicate all areas in which alcoholic beverages would be served. The total square footage is how the liquor license fee is calculated. The fee does not changed based on having outdoor space that is only used seasonally. Councilmember Holden asked if the City could require higher liability insurance if the establishment does not provide server training. She also asked how often Ramsey County does surveillance for under aged drinking. City Planner Beekman stated that she was not sure how many times a year Ramsey County does surveillance. Based on conversations with business owners it is quite frequent. ARDEN HILLS CITY COUNCIL—September 28, 2009 10 7B. Motion to Approve Ordinance 2009-011 and Ordinance 2009-012 (continued) Mayor Harpstead asked if the City could have a higher minimum for liability insurance in absence of server training. City Attorney Jerry Filla stated that the proposed amount is the State minimum and the City does have the right to be more restrictive than the State and this could be tied to whatever measurements are appropriate. Councilmember Holmes asked what percentage of establishments have server training for their employees. City Planner Beekman stated that the city issues eight to ten licenses annually, half of which are for on-sale. She does not know at this time how many of these conduct server training. At this time the City does not ask applicants for this information. Once the new application is implemented then the applicant would have to provide a certificate showing they have completed the server training at the time of application. Councilmember Holmes asked if the training was for both on-sale and off-sale employees. - City Planner Beekman stated that this was correct. Mayor Harpstead asked if training was currently required. City Planner Beekman stated that it is not required at this time. Mayor Harpstead asked what the penalty was for not having the training. City Planner Beekman stated that currently there is no penalty. The proposed regulations would be that if a business was found to be in violation of the minor consumption laws there are stiffer penalties for those businesses that have not provided server training than those that have. Mayor Harpstead asked if the server training is required for the offending server or the whole staff. City Planner Beekman stated that the training is something that would be done preemptively before a violation occurred. If the business voluntarily has the server training and one of those employees is found to be in violation of the minor ARDEN HILLS CITY COUNCIL—September 28, 2009 11 7B. Motion to Approve Ordinance 2009-011 and Ordinance 2009-012 (continued) consumption law then the business would have a lesser penalty than if they had not opted for the annual training for their staff. Councilmember Holmes asked how the fines would be defined and how these were going to be implemented. City Planner Beekman stated that Attachment C outlines this for the Council. Mayor Harpstead asked what the cost for server training was. City Planner Beekman stated that the amount would range depending on whom the establishment hired to provide the training and she did not have these figures at this time. Councilmember Holden stated that there were no fines for the server violating the minor consumption law. City Planner Beekman stated that the server would be in violation of State law and the State has penalties that go along with the violation. The fines outlined in the proposal were for the establishment itself not the server. Councilmember Holden asked why the City does not have a first violation against a server as well. City Planner Beekman clarified that the City would not levy any penalties against the server based on this proposal, only the establishment. The server would be subject to any criminal charges. - Councilmember Grant stated that there were no fines listed for the first offense for those businesses that had server training. He asked if this was correct. Mayor Harpstead stated that the intention for this was to encourage businesses to provide server training by minimizing any potential fines. Councilmember Holden asked if there was a hurry in passing these ordinances because there were several unanswered questions including the cost of server training in comparison to the fines. Mayor Harpstead stated that he had concerns that in the process of eliminating things Staff had eliminated some layering of regulations. The most concerning was ARDEN HILLS CITY COUNCIL—September 28, 2009 12 7B. Motion to Approve Ordinance 2009-011 and Ordinance 2009-012 (continued) the possibility that an adult entertainment business would be able to obtain a liquor license. City Planner Beekman stated that Staff would recommend amending Chapter 5, Section 500.5 Places that are Ineligible and add Item 5 an establishment that has been issued an adult entertainment license. Mayor Harpstead clarified that this would mean that an establishment could not have both types of licenses. Councilmember Holmes asked how many types of licenses the City had. City Planner Beekman stated that the licenses issued by the City include Intoxicating Liquors, 3.2 Malt Beverage, Wine, On-Sale and Off-Sale for each of these; Sunday On-Sale, Temporary On-Sale Intoxicating Liquor and Temporary On-Sale 3.2 Malt licenses are issued by the City. City Attorney Filla stated that catering licenses are issued by the Commissioner of Public Safety. They allow a license holder to operate in another city as long as it is - part of the sale but not the primary reason for the sale. Councilmember Holden asked if the fee scale would apply to caterers as well. City Attorney Filla stated that it would not. The State of Minnesota charges this fe e. Councilmember Holden asked if the fines for violations would apply. City Attorney Filla stated that the City could not revoke or suspend or charge administrative fees to anyone that is not licensed by the City of Arden Hills. Community Development Director Lehnhoff stated that Attachment A page 5-3 and 5-4 outlines the different licenses that are available from the City. City Attorney Filla stated that one of the reasons for reorganizing the City's regulations was because the State had gone from several intoxicating and non- intoxicating liquor regulations to alcoholic beverage regulations and then defined alcoholic beverage very broadly so that it covered almost everything. Once this occurred the city's system for dealing with alcoholic beverages was archaic. The administrative fines, suspensions and revocations were provided to the Council as a AR—DEN HILLS CITY COUNCIL—September 28, 2009 13 7B. Motion to Approve Ordinance 2009-011 and Ordinance 2009-012 (continued) sample. There are maximums that the City can do and there needs to be an administrative hearing before a license is revoked. Councilmember Holden clarified that the maximum fine was up to $2,000 per incident. Councilmember Holmes stated that there could be a lesser fine for a first violation for minor consumption with server training but the Council may want to have some sort of fine for the first offense. City Attorney Filla stated that the reason there was no fine for the first violation was because the administrative fines section states that they get a warning letter because they have made an effort to train their staff. He clarified that this was dealing with the license holder and not the person making the sale. People who make sales illegally are also charged under criminal statutes. Councilmember Holmes asked if an establishment had an intoxicating off-sale license if they could also sell wine and 3.2 malt. City Attorney Filla stated that an establishment with an intoxicating off-sale license would not need one of each license but an establishment that has a wine or 3.2 license can only sell those items. The fees for a wine or 3.2 malt license are less. Mayor Harpstead asked Staff to look into this and be sure that the definitions are clear for these. Councilmember Holmes asked if there were a lot of problems that would require the City to look at an increase in the liability insurance amount. City Attorney Filla stated that liability insurance was for the establishments in case a third party was injured by someone that had been drinking there. The insurance that is required by the State are those that protect third parties but an establishment may have other coverage. Councilmember Holmes asked if the City would just want to keep this at the minimum then. The insurance should meet the needs. Mayor Harpstead stated that the establishment carries the liability regardless of what the insurance is. ARDEN HILLS CITY COUNCIL—September 28, 2009 14 7B. Motion to Approve Ordinance 2009-011 and Ordinance 2009-012 (continued) City Attorney Filla stated that he would guess that they would carry insurance to a greater extent than what City Code currently requires. Councilmember Holmes clarified that it is only assumed that the business carries more liability insurance than the minimum. She asked if the two tiered system would be necessary then. City Attorney Filla stated that this was a choice that the Council can make. It was inserted to encourage people to have training for their staff. Mayor Harpstead stated that this question would depend on the cost of the training and if it was beneficial Councilmember Holmes stated that if their insurance is higher than the minimum then it would not matter. Councilmember Holden stated that the Council can only assume that they have the coverage. Mayor Harpstead stated that if the benefit was there then it would be an incentive for businesses to provide server training. Councilmember Holden asked if server training was done annually. City Planner Beekman stated that this was correct. Mayor Harpstead stated that the overlap of gambling license and liquor license was crossed out. There are establishments in Arden Hills that have charitable gambling. He asked that Staff take another look at the deletion of these types of clauses to see if there is a way to be clear about the City having to grant both licenses. City Attorney Filla stated that the State law says that a person can not gamble in an establishment that has a liquor license issued to them. Charitable gambling is excluded from this. Councilmember Grant stated that he would favor a fine with the warning letter for the first violation with minor consumption with server training. He stated that the fifth violation states that it shall be loss of license. He asked if Council would like ARDEN HILLS CITY COUNCIL—September 28, 2009 15 7B. Motion to Approve Ordinance 2009-011 and Ordinance 2009-012 (continued) to make it clear that there is a level beyond the fourth violation in the fee schedule, even though there is no fee attached. Mayor Harpstead clarified that Councilman Grant wanted a fee with the fifth violation. Councilmember Grant stated that the fee schedule should state that the fifth violation could state that it would be the maximum fine and loss of license. Mayor Harpstead asked what the length of time was that violations had to occur in to meet the number of violations on the fee schedule. City Planner Beekman stated that the number of violations was based on a 36 month time period. Councilmember Grant clarified that this was a rolling 36 months. City Attorney Filla stated that the 36 months was an arbitrary number and the Council could change this. - Mayor Harpstead asked if the City had a lot of notice of violations. City Attorney Filla stated that Arden Hills does not. The Sheriff does routine compliance checks and in the last five years Arden Hills has had maybe three violations. Mayor Harpstead stated that he would be interested in making the number of violations less than four or five before the Council looked at revoking the establishment's license. Councilmember Grant asked if the number of violations could be less before the Council looked into revoking a license. Mayor Harpstead stated that this was something that Staff could consider. Councilmember Grant stated that he would like to see it changed to 48 months. Mayor Harpstead asked if there was an appeal process involved with revoking a license. ARDEN HILLS CITY COUNCIL—September 28, 2009 16 7B. Motion to Approve Ordinance 2009-011 and Ordinance 2009-012 (continued) City Attorney Filla stated that there was a hearing and they would make a recommendation to the City. Councilmember Grant asked how this Ordinance would compare to other cities. City Planner Beekman stated that it is similar to other cities. Mayor Harpstead asked what the number of violations other cities were using before a business lost their license. City Planner Beekman stated that the number of violations was three to five violations. Mayor Harpstead stated that after the third violations the City could look into revocation of license. He clarified that the third violation would be a fine and a loss of license. Councilmember McClung clarified that once a license has been revoked the business has an opportunity to appeal the decision. City Planner Beekman clarified that the Council was interested in changing the number of violations before a license was revoked from five in 36 months to three in 48 months. Councilmember Holmes asked if the City had to revoke a license after three violations. City Attorney Filla stated that a hearing was required to establish the facts whether or not there has been a violation of the City's Regulations. The Council could change the wording from "shall be revoked" to "may be revoked." It is important that the City send the right message to business owners to police their own businesses. Councilmember McClung stated that under the License Clearance Statute the Minnesota Department of Revenue can take action for a business that does not pay their taxes and requests that the license be revoked. He stated that the Ordinance states "shall be revoked". He asked if there was a problem with the Ordinance and what the License Clearance Statute. ARDEN HILLS CITY COUNCIL—September 28, 2009 17 7B. Motion to Approve Ordinance 2009-011 and Ordinance 2009-012 (continued) City Attorney Filla stated that he would check into this and get back to the Council. The can revoke a license, assess fines, suspend a license or any combination of these. This Ordinance is for the establishment and there are criminal statutes that deal with the person who makes the sale. Mayor Harpstead asked if Staff had received any input from the current license holders. City Planner Beekman stated that there had been some questions on the liability insurance and it was higher in earlier drafts. There were also general comments - regarding the suspension of license for violations of minor consumption. There was one business who felt the regulations were too strict. Mayor Harpstead asked if this was in regards to the way the ordinances were written now or if they had been revised since then. City Planner Beekman stated that it was in response to the way the ordinances were proposed tonight. Mr. Mark Lindemer, Owner of Lindey's Prime Steak House, stated that the way that the ordinances are written sends a clear message to the business owners that the City is serious. The reduction in the number of violations along with the increased time frame is more restrictive than he would like to see. He asked what the server training would entail and what the specific requirements would be for this. He also asked what the change would be in the liability limits. Currently there is not a big difference in premiums for having a bartender that has had server training verses one that does not have the training. City Planner Beekman stated that certification would be obtained through the County. The business would hire someone to come into their business and train their staff once a year. There would be a certification that would go with the application for their liquor license. Mr. Lindemer asked how this would work if training is annually and there is server turn over during the year. Mayor Harpstead stated that this would be a hole in the process. The certificate would go with the application and if there is staff turn over the certificate may not apply to a server who violates the regulations. AR—DEN HILLS CITY COUNCIL—September 28, 2009 18 7B. Motion to Approve Ordinance 2009-011 and Ordinance 2009-012 (continued) Mr. Lindemer clarified that it would be in good faith that the training is provided for all employees. Mayor Harpstead stated that he would hope that businesses are providing training to their employees between the annual server training sessions, depending on the cost involved. Mr. Lindemer asked who would have to take the training. Mayor Harpstead stated that this is not known at this time and Council would need this information before moving forward. Councilmember Holmes asked what would happen in the case of a fake ID being used. She asked if the restaurant would be responsible. City Attorney Filla stated that a fake ID would be a defense. The restaurant would not be at fault. City Planner Beekman stated that a person who is coming into an establishment to - do a compliance check does not give fake identification. In the case of a fake ID it would not come up in a compliance check. Councilmember Holmes clarified that a violation would only result from a compliance check. Mayor Harpstead asked if the City had suspensions in the Ordinance. Councilmember Holden stated that suspensions are in the Ordinance. She also stated that five violations would be too many before the Council could consider revoking or suspending a license. She stated that she would accept three violations in 48 months. Mayor Harpstead stated that the City could have a suspension at three violations and a revocation at four violations. Councilmember Grant asked how many compliance checks are done each year. There may not be enough checks done in a year to bring a high number of violations to a business. AR DEN HILLS CITY COUNCIL—September 28, 2009 19 7B. Motion to Approve Ordinance 2009-011 and Ordinance 2009-012 (continued) City Planner Beekman stated that with a violation the number of compliance checks is increased. Councilmember Grant asked if this information had been provided by Ramsey County. City Planner Beekman stated that it had not been, but from business owners. Councilmember McClung stated that he would be open to three or four violations but five violations would be too many. Mayor Harpstead asked if Councilmember McClung would be open to having a suspension opportunity with this. Councilmember McClung stated that he would consider a suspension at the third violation and revocation on the fourth violation. Councilmember Holden stated that she would like to know how many compliance checks are done each year. - Mayor Harpstead stated that the Council had provided direction for Staff and this item should come back to the Council at a future work session. MOTION: Councilmember Holden moved and Councilmember McClung seconded a motion to move to a work session Ordinance 2009-011 to Amend Chanter 5 of the City Code Regarding Alcoholic Beverage Regulations as Presented in the September 28, 2009, Report to the City Council, Publishing a Summary of Ordinance 2009-011, Ordinance 2009-012 to Amend Section III of the Citv's 2009 Fee Schedule to Add Administrative Fines for Violations to the State's Minor Consumption Laws and Publishing a Summary of Ordinance 2009-012. The motion carried unanimously (5-0). C. Discussion Regarding the October 12, TCAAP Work Session, the October 12, 2009 Regular City Council Meeting and the Scheduling of TCAAP Work sessions Councilmember Holmes stated that both Mayor Harpstead and Councilmember McClung, who is Mayor Pro Tem, will be absent for the October 12 TCAAP Work Session Meeting and the October 12, Regular City Council Meeting. She asked to AR-DEN HILLS CITY COUNCIL-September 28, 2009 20 7C. Discussion regarding meetings (continued) clarify if these meetings would be held. She stated that her concerns about the TCAAP meeting were that this would be an opportunity for Council to review the presentation for the meeting with the Ramsey County Board. There is not another opportunity available for Council to review this presentation before October 20. She also stated that TCAAP meetings were scheduled twice a month and she would like more clarity on when these meetings can be held and the rules. City Administrator Moorse stated that Staff could have the presentation put together quickly and this would provide Council time to provide informal feedback or meet at a work session to discuss this. Councilmember Holmes stated that the TCAAP meeting on October 12 would be an ideal time to review the presentation for the meeting with the Ramsey County Board on October 20. She asked if the TCAAP Meeting would be held on October 12. Mayor Harpstead asked what was on the agenda for the October 12 Regular City Council Meeting. Councilmember Holmes stated that Bolton & Menk were on the Regular City Council Meeting agenda for October 12. City Administrator Moorse stated that the Excel Franchise was also on this agenda but this could be moved to another meeting. Councilmember Holden stated that the Briarknoll neighborhood was told that the Council would be discussing noise mitigation for them at the October 12 meeting and she did not want to cancel this meeting. Public Works Director Greg Hoag stated that Engineering Consultants for the 2010 PMP project would also be on the October 12 agenda. Councilmember McClung stated that Bolton & Menk would be at the meeting to talk about noise mitigation. He asked if there would be any action items for the Council at that time. City Administrator Moorse stated that there would not be any action items at this meeting pertaining to the noise mitigation. This would be a report from Bolton & Menk and to answer the questions that were identified at the meeting today. AR DEN HILLS CITY COUNCIL—September 28, 2009 21 7C. Discussion regarding meetings (continued) Councilmember Holmes clarified that the Council would not be voting to move forward with an engineering study at this meeting. Mayor Harpstead stated that since the Mayor and the Mayor Pro Tem would both be absent at the October 12, 2009 meeting then the person with the most seniority would be next in line. The Regular city Council Meeting will be held on October 12. Councilmember Holmes stated that there are currently two TCAAP meetings on the calendar per month and it was under the understanding that if there is nothing to discuss then these may be cancelled. She asked what the procedure is for calling or not calling these meetings. The TCAAP meetings had been put on the calendar so that Staff would reserve time for them. City Attorney Filla stated that the Council had adopted the meeting schedule and if there was going to be a broad change then the Council should take an action to do this. Legally to cancel the meeting they would just need to put a sign on the door stating that the meeting had been cancelled. As a matter of courtesy Staff should notify the people who would normally attend or those people who have asked to receive Council agendas. Councilmember Holmes asked what the procedure would be if some of the Council wished to cancel a meeting but other members of the Council did not. City Attorney Filla stated that the Council would need to come to a consensus or a majority vote about either holding the meeting or canceling it. If the Council voted to set the schedule up then it is recommended that the Council vote to amend it. Councilmember Holmes stated that the Council never voted on it. Councilmember Grant stated that the City Ordinance stated that any two members of the Council could request a meeting. City Attorney Filla stated that the Council had also adopted Roberts Rules, which states that a quorum must be present to conduct a meeting. Councilmember Holden stated that a consensus does not mean anything and items like this should be voted on. AR-DEN HILLS CITY COUNCIL—September 28, 2009 22 7C. Discussion regarding meetings (continued) Mayor Harpstead stated that the City Ordinance states that the Council have three meeting per month and it requires a vote by the Council to cancel these meetings. The TCAAP meetings were set up based on the consensus of the Council at a work session. Formal action is not permitted by the Council at a work session. Two people can call a meeting but the Ordinance also states that the Mayor can call a meeting. Councilmember Holmes stated that she wanted to make it clear that the Council wanted to have these meetings. She clarified that her question is if there are - meetings on the calendar and one Councilmember wishes to cancel a meeting should there be a vote or is there another process that should be followed. City Attorney Filla stated that either directly or indirectly, the Council has adopted a formal meeting schedule, and if the Council wants to change then it should be voted on by the Council. If someone calls and says that they do not want to have this meeting and four other people show up then there would be a meeting. As long as there are three or more members present. Councilmember Holmes clarified that if the meeting is scheduled and three people showed up for the meeting then the meeting would be held. She asked if this is what the Council has agreed to. Mayor Harpstead stated that as long as the meeting was properly noticed. City Attorney Filla stated that this would be correct. Mayor Harpstead stated there has to be some ramifications for consecutive meetings missed or frequency of meetings missed. City Attorney Filla stated that this would be a different issue. Mayor Harpstead clarified that Council could not do something about someone missing meetings on a regular basis. City Attorney Filla stated that the Council could adopt regulations beyond Roberts Rules and the City Ordinance that would be designed to discipline people for certain types of actions. There is nothing in State law that requires a Councilmember to attend all Council meetings. MR—DEN HILLS CITY COUNCIL—September 28, 2009 23 7C. Discussion regarding meetings(con tin ued) Councilmember Holden stated that two members of the Council could call a meeting if it was in writing. She asked if a meeting could also be called in a motion. - City Attorney Filla stated that he would need to review the code. Councilmember McClung stated that this section of the code is there to handle situations that may arise between meetings that would necessitate the calling of an extra meeting. If a Councilmember made a motion at a regular meeting and it was seconded and it was in good order there would be an action of the entire body. Mayor Harpstead clarified that he has not been canceling meetings including the most recent one that is being discussed. The only meetings that have been cancelled are those where Staff has indicated they have nothing on the agenda. Councilmember Holmes stated concerns about the meeting that was discussed at the last work session. Mayor Harpstead stated that this was a suggested Council meeting on the day after the Council had a meeting with the County. He stated that he had suggested that since one of the Council members was unable to go to the Ramsey County meeting that the Council attempt to find a time when the whole Council could get together and have a full Council present to review the results of that meeting. He also understands that if too much time elapsed between the meeting and the Council's opportunity to discuss the results, it would jeopardize the content and quality of the - meeting. Councilmember Holmes stated that the concern was the cancellation of scheduled meetings and the issues surrounding this. Councilmember Holden stated that there have been other issues that have come before the Council when some members have not been able to attend and these meetings are not cancelled. If the meetings are on the calendar then they should be held. City Attorney Filla stated that the City Code reflects State laws. The City Code says that special meetings may be called by the mayor or any two Council members by written request filed by the City Administrator or by verbal request to the City Administrator. The request has to be made at least three days before the anticipated meeting date. Emergency meetings can be called by the Mayor or any two Council members. ARDEN HILLS CITY COUNCIL—September 28, 2009 24 7C. Discussion regarding meetings(continued) Mayor Harpstead asked about canceling meetings. City Attorney Filla stated that if the Council has a regular schedule for meetings and for whatever reasons people don't think there is enough on the agenda to hold the meeting then it should be cancelled. This can be done by putting a sign on the door canceling the meeting and as a matter of courtesy notify all Council members and anyone else who is signed up to get a copy of the agendas. Councilmember Holmes asked what would happen if one member wanted to cancel and the others did not. She asked if this would be voted on. City Attorney Filla stated that until action is taken as a Council to change the schedule that has already been adopted, it would take a vote by the Council. Councilmember Holmes clarified that if the Council was not in agreement then a vote should be held and the majority would rule. City Attorney Filla stated that this was correct. Councilmember Holmes stated that the TCAAP meeting on October 12 was scheduled for 5:00. She asked if the presentation for the meeting with the Ramsey County Board could be reviewed at this work session. She asked if the Mayor and Councilmember McClung had any suggestions on how they would be able to review the presentation before the October 20 meeting. Mayor Harpstead stated that given this was a work session, which is a discussion session it would be appropriate for the Council to react to what Staff has put together. He stated that he would be back in the office in the middle of the week and would have time to review the presentation and make comments as appropriate. Councilmember Holden stated that the Council should have a regular meeting on October 19 in order to discuss the TCAAP presentation. MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to have a Regular City Council Meeting on October 19 to Discuss the TCAAP Presentation for the October 20, 2009 Meeting with Ramsey County Regarding TCAAP. The motion carried on a 3-1 vote. Ayes— Councilmembers Grant, Holden, and Holmes ARDEN HILLS CITY COUNCIL—September 28, 2009 25 7C. Discussion regarding meetings (continued) Nays —Mayor Harpstead Abstain— Councilmember McClung Councilmember Holden stated that there is a work session scheduled for 5:00 so the regular meeting could be held after this. City Administrator Moorse clarified that the meeting would be held at 5:00 on October 19, 2009. 8. UNFINISHED BUSINESS - None. 9. COUNCIL COMMENTS AND REQUESTS Councilmember Holden asked if there has been anything done on the community survey. She also asked if Pot-Of-Gold has had increased incidence. She stated that the Council was expecting to see I&I Reports from the new Permit software. Public Works Director Hoag stated that he was still putting together the I & I reports. Councilmember Holden asked if these would be done within the next month. Public Works Director Hoag stated that he will work with the Permit Works person in order to obtain the reports that he needs. Councilmember Holden stated that the Council was supposed to get a response from the Fire Department regarding the response times for when they move into the new staffing model and eventually shut down Fire Station 1. She asked if there was an anticipated date when this would be available. Mayor Harpstead indicatedd that at the last Fire Board meeting, there were a couple of questions that were brought forward by the staff and those were areas dealing with human resources and personnel type issues as they relate to the transition. Not all of the issues have been fleshed out and resolved and the Board indicated at that time they would like to see a list of the milestones that would need to be in place before a full implementation of what they wanted things to be. At that time staff would understand that, prior to implementing the staffing changes that are proposed, those milestones would be reviewed with the Board. ARDEN HILLS CITY COUNCIL—September 28, 2009 26 9. Council Comments and Requests (continued) City Administrator Moorse asked if the Mayor was referencing the ISO Rating. Councilmember Holden stated that this relates to ISO Ratings and response times. City Administrator Moorse stated that he had talked with the Fire Chief regarding the ISO Rating. The Fire Chief indicated that when they have two stations that are staffed 24 hours a day that will substantially strengthen the Department in relation to the ISO Rating. The Fire Chief was not sure if it would improve the rating but it would not negatively affect the rating. Councilmember Holden stated one of her main concerns was the train tracks on Victoria. The Fire Department may be limited with only one station that can come to Arden Hills. She asked how the time it takes to come from Hudson Road all the way west or south was built into the response rate. Councilmember McClung stated that he understands that it is complicated to do but he would not vote for any plan that he does not fully understand, and if he has not seen the analysis of what exactly it will do to the ISO Rating. Councilmember Holden provided the Council with a Rain Garden brochure. She stated that these brochures would be good to have for future PMP projects in order to answer resident's questions regarding rain gardens. Councilmember Holden stated that the water level at Valentine Park had dropped a foot. She asked if the water level was still dropping. Parks and Recreation Manager Michelle Olson stated that the water level is - down more than a foot now and Civil Engineer Giga is monitoring this with Ramsey County. Councilmember Holden asked if the level drops down to the normal level, if this would be a significant enough drop that the City could maintain, would the whole park still need to be redone. Parks and Recreation Manager Olson stated that this could be discussed with Civil Engineer Giga. Councilmember Grant stated that the Mayor had sent a list of questions regarding the TCAAP reimbursables to City Administrator Moorse and he would like to know when the answers to these questions will be provided. ARDEN HILLS CITY COUNCIL—September 28, 2009 27 9. Council Comments and Requests (continued) City Administrator Moorse stated that he had gotten responses to a majority of the questions and was expecting the remainder to be answered in the next few days. He would forward this information to the Council. Councilmember Grant asked if Council was getting an analysis for I&I as they had requested. Public Works Director Hoag stated that he had talked to Mr. Janski at Bonestroo and they are still working with the Met Council to get answers. The 2010 work plan was submitted last Friday and it is similar to the work plan for 2009 as far as the range of things that the City will be working on. As the data is received there will be a 2009 update for the Council. Councilmember Grant asked if the City had requested to have the surcharge removed. Public Works Director Hoag stated that they have not yet asked to have the surcharge removed. Staff has asked what the steps are to get the surcharge removed. Met Council has stated that they have not removed any surcharges yet. Councilmember Grant stated that he thought New Brighton had their surcharge dropped. Public Works Director Hoag stated that he would follow up with New Brighton and he will provide an update in the Admin Update. Councilmember Grant asked if the surcharge was based on a three year average. - Mayor Harpstead stated that it was a three year average. As the City improves, the average will go down making it more difficult for the City to comply. Councilmember Grant asked if the seasonal help had finished for the year. Public Works Director Hoag stated that there were no seasonal help on staff as of last Friday. Councilmember Grant stated that there were a lot of charges for tree trimming in claims and payroll. He asked where these trees were and why there were so many. ARDEN HILLS CITY COUNCIL—September 28, 2009 28 9. Council Comments and Requests (continued) Public Works Director Hoag stated that these charges were for tree removal of diseased trees and not trimming. They had been keyed in wrong. He has asked the Finance Department to correct this. Councilmember Grant asked Parks and Recreation Manager Olson if the work was completed on Lift Station Road. Parks and Recreation Manager Olson stated that there was a little bit of clean up left to be done but the pavement was complete. Councilmember Holmes asked if the gate was going to be fixed. Parks and Recreation Manager Olson stated that the entrance would be part of the ARRA spring project. Councilmember Grant stated that there was a contractor truck parked on County Road E2 and if they are done he would like to have this truck moved because it blocks the view of traffic. Parks and Recreation Manager Olson stated that she would look into this. Councilmember McClung stated that he would be out of town October 1 1 to October 26. Councilmember McClung stated that he had noticed that the items were being abbreviated on the agenda and this is difficult to use as a reference when benchmarking. He suggested that Staff go back to putting in complete descriptions on the agenda. Mayor Harpstead stated that he would agree with this. ADJOURN MOTION: Councilmember Holden moved and Councilmember Grant seconded a motion to adiourn. The motion carried unanimously (5-0)e Mayor Harpstead adjourned the Regular City Council Meeting at 8:55 p.m. ARDEN HILLS CITY COUNC — eptember 28, 2009 29 /St(an Harp ead Ronald J. MA101rse Mayor City Administrator