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HomeMy WebLinkAboutCC 02-09-2004 . . . ~ ~HILLS Approved: February 23, 2004 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING FEBRUARY 9, 2004, 7:00 P.M. CITY HALL COUNCIL CHAMBERS, 1245 WEST HIGHWAY 96 PLEDGE OF ALLEGIANCE CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Beverly Aplikowski called to order the regular City Council meeting at 7:05 p.m. Present: Mayor Beverly Aplikowski, Councilmembers Brenda Holden, David Grant, Gregg Larson (arrived at 7:14 p.m.lwith advance notice) and Lois Rem, Absent: None. Also present were City Administrator, Michelle Wolfe; City Attorney, Jerry Filla; Director of Operations & Maintenance, Thomas J. Moore; Finance Director/Treasurer, Murtuza Siddiqui; City Engineer, Greg Brown; City Planner, Pete Hellegers; and Recording Secretary, Kathleen Altman. 1. APPROVAL OF MEETING AGENDA MOTION: Councilmember Holden moved and Councilmember Grant seconded a motion to approve the meeting agenda as amended. The motion carried unanimously (4-0). 2. APPROVAL OF MINUTES A. January 20,2004 Work Session B. January 26,2004 Council Meeting Council member Holden requested the following changes: January 20, 2004 Council Work Session, page 4, second paragraph, after the words news article, insert "dated December 17, 2003, Arden Hills/Shoreview Bulletin". Same paragraph delete "if staff had researched installation of round-abouts" and add "the process when one Councilmember makes a request". January 26, 2003 Council Meeting Minutes, Page 2, last paragraph should read: "Representative Samuelson updated Council on what she wanted to accomplish during the upcoming Legislative session, including ways to reduce the cost of health care such as best practices, and transportation. 02-09-04\ \Earth \Admin \CouncillMinuteslRegular\2004 \02-09-04 .doc . . . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES FEBRUARY 09, 2004 2 Council member Grant requested the following changes: January 20, 2004 Council Work Session, page 4, third paragraph, fourth line should read: "City Hall; asked staff to lurn on their "out of office" assistant when absent or on holidav at City Hall; noted the TCAAP process seemed to have slowed down. Councilmember Rem requested the following changes: January 26, 2004 Council Meeting Minutes, Page 3, second paragraph from bottom she requested Mr. Moore insert a sentence regarding further description as to what her comment was referring to. Page 4, second paragraph, change "watershed area" to "wetland area". Councilmember Larson requested the following changes: None. Mayor Aplikowski requested the following changes: January 20,2004 Council Work Session, page 3, first paragraph under 2.F delete Shisheila Shaw and replace it with "a Mounds View Counselor and a resident". Ms. Wolfe requested the following changes: None Councilmember Larson arrived at 7: 14 p.m. MOTION: Councilmember Rem moved and Councilmember Holden seconded a motion to approve the January 20,2004 Work Session as amended and the January 6, 2004 City Council Meeting Minutes as amended. The motion carried unanimously (5-0). 3. CONSENT CALENDAR a. Claims and Payroll b. Approve Job Descriptions: Assistant Administrator and Community Development Director c. Mileage Reimbursement Rate MOTION: Councilmember Grant moved and Councilmember Larson seconded a motion to approve the Consent Calendar and to authorize execution of all necessary documents contained therein. The motion carried unanimously (5-0). 4. PUBLIC INOUlRIES/INFORMATIONAL None. . . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES FEBRUARY 09, 2004 3 5. PUBLIC HEARINGS A.i. Lake Josephine Watermain Easement Vacation A.H. Authorize Execution of Easement Documents with the Josephine Hills Homeowuers Association Mr. Brown stated as a part of the 2003 PMP project, grading, drainage and utility work was performed within the Josephine Hills Association property. The drainage improvements required the dedication of a permanent drainage easement over a part of the association's property. The association property included an existing easement for a City watermain, which runs between Femwood Court and Ingerson Court. He noted the existing watermain through the association's property is not located within the existing easement for the watermain. He indicated as a part of the drafting of the new drainage easement for the improvements included within the association property, he recommended revising the description of the new easement to include drainage and utility improvements and to encompass the actual location ofthe watermain. Mayor Aplikowski opened the public hearing at 7:18 p.m. There were no comments made. Mayor Aplikowski closed the public hearing at 7: 19 p.m. Councilmember Grant asked Ms. Swanson if the association was okay with what the City was doing tonight. Linda Swanson, representative of Josephine Hills Homeowners Association, replied the association was agreeable to this. Mr. Filla stated what the Council needed to vacate the existing easement and adopt a motion adopting the resolution vacating the easement. MOTION: Councilmember Grant moved and Councilmember Holden seconded a motion to authorize adopting the Resolution vacating the 15 foot wide perpetual watermain easement on that certain perpetual easement for watermain purposes by and between the Josephine Hills Association and the Village of Arden Hills, dated September 22, 1969, and filed for record in the office of the Ramsey County, Minnesota, Recorder in Book 2207 on Page 352. The motion carried unanimously (5-0). 6. COMMUNITY DEVELOPMENT . None. . . . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES FEBRUARY 09, 2004 4 7. OPERATIONS & MAINTENANCE Mr. Moore updated the Councilmembers on the mold remediation at City Hall. 8. FINANCE None. 9. ADMINISTRATION A. Resolution No. 04-26: Appointin!! Assessment Policv Task Force Ms. Wolfe stated many concerns had been expressed regarding the existing assessment policy. The Council determined that it was a priority to review the existing policy and study alternatives. She recommended the Council set a meeting date for the task force in March, 2004. Mayor Aplikowski recommended that Councilmember Grant be appointed as Council Liaison to the task force and Finance Director Murtuza Siddiqui as the official staff liaison to the group. MOTION: Councilmember Larson moved and Councilmember Rem seconded a motion to approve Resolution No. 04-26: Appointing Assessment Policy Task Force. The motion carried unanimously (5-0). B. Charitable Gamblin!! Issues 1. Premises Permit Approvals Ms. Wolfe stated the three organizations had submitted applications for premises permit. Staff had received comments from the Light Brigade requesting that the City deny the premises permit for Minnesota/USA Wrestling because it would displace the Light Brigade's current charitable gambling operation. Assuming that the MinnesotalUSA Wresting background check is satisfactory, the City Attorney had indicated that there is no basis for denying the permit. They would be required to comply with the City's 10% spending requirement and trade area spending requirements. 2. Ordinance 348: Ameudin!! the Trade Area Spendiu!! Requirement for Cbaritable Gamblin!! Ms. Wolfe stated the trade area spending is lower than the maximum allowed by statute. State law allows that a city can require a certain percentage of net charitable gambling proceeds be spent with the trade area. The trade area was defined as the City of Arden Hills and its contiguous communities of Roseville, Shoreview, Mounds View and New Brighton. She noted the current code required that 50% of the net proceeds be spent within the trade area. Staff would suggest changing this requirement to 90% of net proceeds to ensure that the benefits derived from charitable gambling are locally relevant. ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES FEBRUARY 09, 2004 5 . Councilmember Larson asked if the affected parties had been informed about this. Ms. Wolfe replied the Assistant City Administrator had spoken with some of the parties and notices had also been mailed out. She stated the feedback she was aware of was in speaking with Minnesota/USA Wrestling and 621 Foundation, who had indicated they were okay with this change. Councilmember Rem noted the letter went out late last week and was concerned sufficient time was not allowed for response. Frank Belgea, St. Mary's Orthodox Church, stated they had been doing business with Arden HiJls for 14 years and this change would effectively put them out of business. He noted he just received yesterday the letter the City sent out, but also noted he had spoken last week with Mr. Parrish regarding this change. He stated they did not have the opportunity to prepare anything formal. He indicated if this was changed, there was no reason they would continue to do business in the City. He stated this was the only Bingo operation they ran. He stated the Church used 50% of the proceeds for the church, as well as, contributing to the Arden HiJls general fund, the Mounds View School system, Northwest Youth & Family Services, private schools, etc. Councilmember Rem questioned the contribution to Northwest Youth & Family Services. Mr. Belgea stated they had not been informed by anyone as to the amount this year. . Councilmember Rem stated she would check into this and get back to him. Councilmember Larson stated the issue here was if the charitable gambling funds benefited the community, and whether or not the City wanted those proceeds spent in the Arden Hills trade area. He stated he did not believe there was enough information given tonight for them to move forward on this. Councilmember Grant pointed out that the Minnesota/USA Wrestling did not have an issue with this, so it apparently did not affect their operation. He indicated it appeared the only operation this would impact was St. Mary's. He agreed with Councilmember Larson's comments regarding deciding if the City wanted the proceeds spent in the area. Mayor Aplikowski stated one of the reasons this was put on tonight's agenda was because ofthe timing of the permit process. Councilmember Rem asked if the permits would expire if they did not act by the end of the month. Mayor Aplikowski replied in some instances some pennits could expire. Mr. Filla stated the law required the City to adopt a Resolution within 60 days of an application. . Councilmember Rem stated it appeared they still had some time on this so the Council had a better understanding what they were doing, as well as giving the affected parties some time to come up with a response. ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES FEBRUARY 09, 2004 6 . Ms. Wolfe stated it would be possible to approve the motion regarding the permits tonight and hold the motion for amending the trade area. She noted the two items did not need to be tied to gether. Councilmember Holden stated her only objection to this was approving the applications, which cost money, and then changing the trade area spending requirements, which could effectively say some organizations would not be able to do business in the City. Councilmember Larson asked what the issue was regarding the Light Brigade requesting the City to deny MinnesotalUSA Wrestling's application. Mayor Aplikowski replied the City did not have the power to deny the MinnesotalUSA Wrestling application as long as they followed the process. Mr. Belgea stated he also represented St. Kate's, which was in Arden Hills and noted this would also affect them. Gerry McAuley, 621 Foundation, stated the 621 Foundation was an organization that gave their funds to the teachers and students in a classroom. He noted they gave approximately $90,000 to Mounds View classroom projects. He stated all of their proceeds went to the Mounds View School District. . Dan Chandler, Minnesota/USA Wrestling, stated they were a statewide group and had a club at Mounds View High School. He noted they had an office in South Minneapolis. He stated they contributed to some sites in St. Paul, including Boy Scouts, Girl Scouts, etc. He stated they have also given money to the cities and the cities gave the funds out. He stated at the current time they had four gambling operations, but they would be losing one shortly and they hoped to pick up the Arden Hills operation at The Blue Fox. Councilmember Larson asked if they were comfortable with the 90% trade area spending requirement. Mr. Chandler replied their mission was to help kids succeed in wrestling as well as life and the north area was a strong area for wrestling and they had no issues with the 90% requirement. Don Hewitt, Light Brigade, stated their organization contributed a lot to the City of Arden Hills, including capital improvements and improvements to the City parks. He stated they were in the process of losing The Blue Fox lease. He recommended proceeding with the Ordinance change to keep the money within Arden Hills. He noted he did not believe the MinnesotalUSA Wrestling association would keep the money in the City. He stated he believed the Ordinance change was an excellent proposal. . Councilmember Holden asked for further information regarding The Blue Fox lease. Mr. Hewitt replied their lease at The Blue Fox expired at the end of March and it would then be leased by the Minnesota/USA Wrestling organization. . . . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES FEBRUARY 09, 2004 7 Josh Krevish, stated he was in support of Minnesota/USA Wrestling's permit. It noted this would be a great way to support wrestling and the schools needed the money. Councilmember Grant asked if staff was aware of any concern regarding the permit of Minnesota/USA Wrestling. Ms. Wolfe replied she was not aware of any concerns, but noted the background checks had not been completed. Councilmember Holden asked how many permits could the City issue. Mr. Filla replied the City could issue nine permits. Mayor Aplikowski stated the issue here was the Blue Fox site and noted the City did not have any say in the organization the Blue Fox had as a gambling partner as long as that gambling partner followed the procedures. Councilmember Grant stated he was III favor of the amending the Trade Area spending requirement to 90%. Councilmember Rem stated she was not in favor of increasing the Trade Area spending without further information regarding what other cities were doing. MOTION: Councilmember Larson moved and Councilmember Holden seconded a motion to approve premises permits for the 621 Foundation, St. Mary's Ukrainian Orthodox Church, and Minnesota/USA Wrestling. The motion carried unanimously (5-0). Mayor Aplikowski stated she had a concern regarding the timeline and she suggested the City either lower the requirement, or have tllis take effect on January I, 2005. Councilmember Rem stated she was not comfortable approving this until they had further information regarding what other cities in the Trade Area had in their ordinances and the effect this would have on the gambling facilities in the City. Councilmember Holden agreed with Councilmember Rem. Councilmember Larson stated he was in agreement to increase the percentage because it was good for the community, but he was also in agreement with Councilmember Rem that they needed more information in order to make an informed decision. Council requested staff obtain further information regarding increasing the Trade Area spending requirements. Bill Lewis, Irondale Wrestling, stated there was a tremendous need for charitable gambling funds in the schools. He indicated athletics was very expensive for the school districts, and any amount received from charitable gambling proceeds would be greatly appreciated. . . . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES FEBRUARY 09, 2004 8 MOTION: Councilmember Grant moved and Councilmember Rem seconded a motion to table consideration of Ordinance 348: Amending the Trade Area Spending Requirement for Charitable Gambling to the February 23, 2004 Council meeting. The motion carried unanimously (5-0). CITY COUNCIL REPORTS Ms. Wolfe - Reminded Council that the City of New Brighton and Ramsey County Sheriff would be present at the City Council Work Session next week regarding their services. Councilmember Holden - Stated the PTRC was looking for items from the 50th Anniversary for a possible history trail through the City. She asked if Council would have any interest in such a trail. Councilmember Grant - Thanked the Operations & Maintenance employees for all of their hard work on snow plowing the past couple of weeks. Councilmember Rem - Stated the Northwest Youth & Family Services was meeting on Thursday. She stated Fran Holmes, the new Planning Commission member, had inquired about training for Planning Commissions. She requested staff get information to hcr regarding training. Councilmember Larson - None. Mayor Aplikowski - Stated the Ramsey County League of Local Government met last week and they were requesting from all cities what topics should they be looking at. She suggested they look at how cities handled racial issues in the schools and community.. Mayor Aplikowski adjourned the regular City Council meeting at 8:39 p.m. to convene to a Work Session regarding TCAAP Centex Homes Presentation. . .t~~lu2WPtrf/k Michelle Wolfe (; City Administrator ;;:/ ,~, /", '.-" : A ,/'('/',f' f / j /.' '. /. " _!.-__;i- ~'/".{--:~d/.-,o; .i::~:.,/ __{TJ_u.,e"A-,,-tr .;.iA.:(' / Beverly Apllkowski Mayor NOTICE OF MEETINGS The next Council Mceting will be held Monday, February 23, 2004 at 7:00 p.m. in the Arden Hills Council Chambers.