09-24-2003 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL SEPTEMBER 24, 2003 improvement. Fahey also indicated that the City would maintain the pathway. Tomaszewski asked about liability issues associated with the path. The City Attorney indicated that the City likely has liability for the path. Fahey noted that liability issues are dependent on the circumstances. The pathway would be considered as public right-of--way; therefore, it is the City that likely has the liability exposure. Tomaszewski asked if he would be able to fence his fi ont yard. The City Administrator indicated that afour-foot high fence is allowable in front yards, and City staff would send Mr. Tomaszewski a copy of the code as it relates to fences as well as a permit application. It was noted that the Council has approved the contract to proceed with the pathway improvement. There was no action by the Council to reverse this earlier action, therefore, the pathway improvement will proceed. Fahey again stated that the City will not assess for the cost of the improvement, and it is the City that is responsible for maintenance of the pathway. 2 A.M. The Council reviewed a letter signed by the five on-sale liquor license BAR holders requesting a public hearing be held to consider amending the CLOSING Code to allow fora 2 a.m. bar closing time. Fahey felt that other than the liquor business owners, there was no public outcry requesting that bars in Little Canada be allowed to stay open until 2 a.m. Fahey also indicated that he was not aware that there has been an overwhelming passage of the 2 a.m. bar closing time by cities. The City Administrator indicated that a number of cities have adopted a 2 a. m. bay' closing time, a~td more are adopting it every day. Blesener suggested that the matter be scheduled for discussion at an upcoming meeting, and asked if a public hearing was necessary. The Deputy Clerk indicated that as part of the 2004 Budget process, staff is proposing an increase in the on-sale liquor license fee. Such an increase requires a public hearing, and she suggested that the issues of the license fee increase, 2 a.m. bar closing time, and establishment of a 2 a.m. license fee be considered at the same time. Tom Duray, Hoggsbreath, appeared before the Council requesting that they call a public hearing to consider adopting the 2 a.m. bar closing time. Duray reported that he has been in the liquor business in Little Canada for 12