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HomeMy WebLinkAboutCC 04-10-2000 . . . CITY OF ARDEN HILLS, MINNESOTA CITY COUNCIL MEETING APRIL 10,2000 7:30 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Dennis Probst called to order the regular City Council meeting at 7:30 p.m. Present: Mayor Delmis Probst, Councilmembers Beverly Aplikowski, David Grant, Gregg Larson, and Lois Rem. Absent: None. Also present were City Administrator, Joe Lynch; Public Works Director, Dwayne Stafford; City Accountant, Terrance Post; City Engineer, Greg Brown, BRW; and Recording Secretary, Mary Mullen. ADOPT AGENDA MOTION: Councilmember Aplikowski moved and Council member Larson seconded a motion to adopt the agenda for the April 10 , 2000, regular City Council meeting, as submitted. The motion carried unanimously (5-0). APPROVAL OF MINUTES A. March 13,2000 Regular Council Meeting. Councilmember Larson requested the following changes: On page 6, last paragraph, 1 st line, note that a section is missing following "however". On page 12, 3rd paragraph, replace "they live in that neighborhood" with "it bencfits Lake Johanna". Councilmember Rem requested the following changes: On page 5, 3rd paragraph from the bottom, end of the 2nd line, replace "building" with "studio". On page 13, 2nd paragraph from the bottom, 2nd line, replace "Wednesday" with "Thursday". B. March 20,2000 COUl1cil Worksession. Councilmember Larson requested the following changes: On page 3, top paragraph, 4th sentence, delete" . . . that was prior to the proposed TCAAP road that is projected to exit from Hamline and connection to the TCAAP road going north." On page 3, 5th paragraph, 1st line, replace "pursue' with "review". C. March 27, 2000 Closed Executive Session Summary. There were no changes requested. . . . ARDEN HILLS CITY COUNCIL - APRIL 10, 2000 2 D. March 27, 2000 Regular Council Meeting. Councilmember Larson requested the following changes: On page 7, 3rd paragraph, last sentence, replace "interested in participating in the group" with "regarding future meetings ofthe group". On page 7, 7th paragraph, last sentence, replace "as the City's elected officials are not supportive" with "whether elected officials in Arden Hills would support a provision of that sort." On page 7, 2nd paragraph from the bottom, 1st line, replace "might become distorted" with "may have changed". MOTION: Councilmember Aplikowski moved and Councilmember Grant seconded a motion to approve the meeting minutes, as amended. The motion carried unanimously (5-0). CONSENT CALENDAR A. Claims and Payroll B. Probationary Appointment, Jennifer Chaput, Planner Position MOTION: Council member Larson moved and CounciJmember Aplikowski seconded a motion to approve the Consent Calendar and authorize execution of all necessary documents contained therein. The motion carried unanimously (5-0). PUBLIC COMMENTS Mayor Probst invitcd those present to come forward and address the Council on any items not already on the agenda. Collin Eid, 4526 Pleasant Drivc, stated he and his neighbors are concerned with the level of traffic noise at the southwest corner of thc intersection of Lexington A venue and Highway 96, near their homes. I-Ie added that in working with local, regional and state planners on the possibility of installing a berm as a noise barrier in that location, it came to his attention that a City monument sign was proposed for that location, with a budget of$25,000. He asked whether the Council had any plans for a berm sound barrier and City sign at that location. Mayor Probst stated a budget of$30,000 had originally been set aside for such a project; however, the current Council has not taken the issue up and it is not included in the current budget. Mr. Post stated there had been some discussion, with regard to a gateway sign, that a more appropriate location might be the entrance of a new City hall facility. Mayor Probst noted that the possibility of a berm had been discussed, although not as a noise barrier but to increase the elevation of the sign. Mr. Eid stated the noise levels during rush hour at that intersection are horrendous. Mayor Probst stated it was his Lmderstanding that the project would be reviewed when construction of . . . ARDEN HILLS CITY COUNCIL - APRIL 10,2000 3 the final segment of Highway 96 was completed. He added he believed this would be in 2002. Mr. Stafford stated that 2003 was more realistic. Mayor Probst reiterated that he is not aware that any noise abatement efforts are planned for that location. Mr. Stafford confirmed that some landscaping will be completed but will not be designed to be a sound barrier. Council member Larson stated that during discussions with regard to placement of a sign at that intersection or the City hall facility, it seemed the logical corner would be the northwest corner. He added this would be more visible to traffic entering the City from Shoreview. Mayor Probst stated that the Highway 96 reconstruction is a COUllty project, and he encouraged Mr. Eid and his neighbors to make their feelings known to County representatives. Councilmember Rem stated that the noise issue is not unique to that interscction, but was also brought up by neighbors at the Highway 1 a/Highway 96 intersection, who discussed the possibility of noise barriers at that location. UNFINISHED AND NEW BUSINESS A. Resolution # 00-17, St. Katherine Ukrainian Orthodox Church, Charitable Gambling Bingo Hall, Premises Permit Application Mr. Post eXplained that the applicant, St. Katherine Ukrainian Orthodox Church, wishes to conduct bingo operations at the Pot 0' Gold facility. The Church formally initiated the application process by providing the City with a lease agreement with the Bingo Hall, a completed Minnesota Lawful Gambling Premises Permit application, and payment ofa $100 investigation fee. Staff had earlier met with Mr. Frank Belgea, advisor to St. Katherine's, to familiarize him with ordinance requirements, including a discussion about trade area spending requirements and expectations. Staff has concerns about how the organization plans to satisfy the ordinance trade area spending requirement. In light of the fact that St. Katherine Ukrainian Orthodox Church is a local/trade area based organization, limiting trade area spending to just this organization does not appear to meet the spirit of the City Code of Ordinances. Mr. Post stated the City Attorney had been consulted, and advised that the Council might review the existing ordinance to determine whether the wording is appropriate, and discuss possible revisions. He added that the City Attorney advised the Council might table the matter for review at a future meeting. Mr. Post noted that Mr. Belgea was present at the meeting to answer any questions the Council might have. Mayor Probst statcd he has some difficulty with the applicant investing the majority of the accumulated funds back into their own organization, adding that was not the intent of the ordinance, although the ordinance as written did not foresee this type of operation. He noted the expectation has always been that the funds would be invested back into the community at large, . . . ARDEN HILLS CITY COUNCIL - APRIL 10,2000 4 to benefactors such as the School District, City's Parks & Recreation Department, and Northwest Youth & Family Services. Mr. Frank Belgea, an employee of Pot O'Gold Bingo Hall and representative of the applicant, stated hc was around when the ordinance was passed, adding the original discussion was concerned with organizations located outside the local trade area who took their accumulated funds out of the area. He added, in his opinion, supporting the church is a benefit to the community through the programs offered which are beneficial to City residents and the trade area. Mr. Belgea expressed concern that his organization is restricted by the ordinance because they are raising their own funds. He added, in his opinion, this is not consistent. He noted, however, that the church intends to comply with City ordinance. Councilmember Aplikowski stated that a church licensed for charitable gambling can contribute to their own general fund according to State Statute. She stated this is a unique situation. She requested clarification with regard to the ways in which the church's programs will benefit the community at large. Mr. Belgea stated that any social or religious organization benefits the area in which it is located, as residents do not have to be members to attend programs. He added that he is Ul1able to mention specific programs due to lack of funding which has kept the church from offering any progranlS. Councilmember Larson stated the ordinance as written seems broad, and requested, for purposes of comparison, a review of gambling licensees in current operation within the City, and how the accumulated funds are spent. Mr. Post stated various organizations at the bingo hall, including the Light Brigade, St. Mary's Orthodox Church, Earthstar Project, and the 621 Foundation, comply with the ordinance through donations to a variety or organizations, including educational and athletic programs within the School District. He noted that there is not an example of an applicant that was a facility-based organization within the trade area, such as the applicant. Mr. Post stated that the 10% net profit contribution to the City of Arden Hills is an ordinance requirement. This contribution to the Community Services Fund counts toward fulfilling the 50% trade area-spending obligation. Councilmember Grant requested clarification with regard to the local trade area boundaries. Mr. Post stated the local trade area encompasses the City of Arden Hills and contiguous cities, including Roseville, New Brighton, Mounds View and Shoreview. Councilmember Rem stated that, as there is no precedent dictating how this situation should be handled, she is concerned that the ordinance is not specific. She added that she would not wish to change the ordinance to make it more explicit for this particular case. . . . ARDEN HILLS CITY COUNCIL - APRIL 10,2000 5 Mayor Probst stated that he is personally opposed to gambling and would not support it. He added, from his perspective, that it is palatable only because a portion is being returned to the commUl1ity. He expressed concern that the church does not have a history of funding or specific programs which it intends to fund, adding he is not prepared to support a recommendation to approve the request. He urged the Council to lay the issue over until the intent of the ordinance could be clarified. Councilmember Grant stated he finds it difficult to move forward without clarification of the ordinance with regard to 50% expenditure of net profits on lawful purposes. He added this definition seems ambiguous. Councilmember Aplikowski stated this is a lawful purpose and not ambiguous, adding it is an unusual case. Councilmember Larson stated he would wish to table the issue until the COUl1cil could consider the intent of the ordinance. He noted the Council would set a precedent, adding he is not prepared to support the applicant's request. Councilmember Aplikowski asked how the City monitors expenditure of funds by such groups within the trade area. Mr. Post stated the organizations provide the City with spending reports throughout a 24-month time period, which are reviewed. He added if they have not been diligent about compliance, their renewal request will carry a staff denial recommendation. Councilmember Aplikowski stated that while she does not have a problem with bingo, she would not support rewriting an ordinance to block a request. She added she would wish that the Council could review the issue at its upcoming Worksession. COUl1cilmember Rem stated that since the permit is for a 24-month period, the permit or license is not given indefinitely. She added the applicant seems to fit state code and City ordinance requirements. Mayor Probst stated he does not object to the applicant, adding he does not believe the ordinance was intended for such a purpose. He added he does not view the discussion in terms of clarification of an ordinance, but rather a difference of opinion over what the ordinance is saying. Mr. Belgea stated the ordinance has been revised over the past 12 years. He added the Council could approve the request and then revise the ordinance and ensure the applicant's compliance with the changes. He noted that other organizations within the trade area might decide they want to fund programs from gambling, and the City would then require them to give half the funds away. Councilmember Larson reiterated that he would still oppose taking action until a discussion could be had with regard to the ordinance. He questioned whether the COUl1cil would wish to use its discretionary power to allow gambling to occur for a narrower purpose than what has been allowed in the past. He stated he would not wish to approve the request and then change the ordinance. ARDEN HILLS CITY COUNCIL - APRIL 10,2000 6 . Councilmember Larson stated an informal policy could be instituted which would clarify that a minimum of 50% of funds from gambling must be spent in the broader community, but it might not be necessary to spell this out in the ordinance. Councilmember Grant stated he would not wish to rewrite the ordinance from the bench. He added that the Council should clarifY its position, invite the applicant back and move forward with the request. Councilmember Aplikowski stated that tabling the issue would indicate that the Council had not considered the issue previously, which would be unfair to the applicant. She added the applicant falls within the limitations of state code. Mr. Post asked whether a portion of the funds have been budgeted for expenditure within the church. Mr. Belgea stated the church expected to be instructed to spend money on other organizations, but that the permit would be granted. Mayor Probst stated that he would feel more comfortable if the applicant could demonstrate that funds would be spent on specific services or programs within the broader commUl1ity. He added that it appears that 90% of the funds could be spent in an unspecified manner for unclear purposes within the church itself, an approach with which he is not comfortable. . Councilmember Aplikowski stated the church is allowed by law to give money to itself, and a program or group within the church could benefit. She added it would be helpful to see a project attached to the request. Mr. Belgea stated that the church's Assistant Treasurer was present, and might be able to specify where the money would be spent. Mr. Larson stated it would be necessary for the Council to have a discussion with regard to policy intent, after which time more specifics could be reviewed. MOTION: Councilmember Larson moved and Councilmember Aplikowski seconded a motion to table Resolution #00-17, pending further review of the City's gambling policy and provisions of the City Ordinance, as well as the opportunity to provide further review for the applicant regarding profits from gambling concessions. Voting on the motion: Probst, Grant and Larson voted aye. Aplikowski and Rem voted nay. The motion carried (3-2). Mr. Lynch stated the request would be reviewed at the April 24, 2000 regular Council meeting. Mayor Probst requested the issue be discussed at the Council's upcoming Worksession. . B. Approval of Un budgeted Operating Transfers for 1999 . . . ARDEN HILLS CITY COUNCIL - APRIL 10, 2000 7 Mr. Post stated that several operating transfers not included in the adopted 1999 budget required Council approval. Mr. Post reviewed the transfers as follows: General Frmd (] 0 I) I. An additional $206,250 operating transfer to Municipal Land and Building Fund No. 408, resulting from an estimated 1999 General Fund operating surplus of revenues exceeding expenditures. 2. $251,000 operating transfer to Permanent Improvement Revolving (PIR) Fund No. 501. This transfer is represented by (a) $151,000 originally budgeted as the 1999 Pavement Management Program (PMP) allocation (The West Round Lake Road Phase II project was postponed); and (b) $ 100,000 from an estimated 1999 General Fund operating surplus of revenues excceding expenditures. Communitv Services Fund (225) 1. An additional $9,697 operating transfer to the Program Fund No. 226 to fund the 1999 operating delicit (total transfer to the Program Fund is $50,000). 2. A $30,000 operating transfer to the Fire Equipment Sinking Fund No. 412. This action is in keeping with prior Council policy direction of utilizing 60% of charitable gambling revenues for parks and recreation needs and 40% of the revenue stream for public safety capital needs. MOTION: Council member Grant moved and Councilmember Aplikowski seconded a motion to approve unbudgeted operating transfers for 1999, as outlined in Mr. Post's April 4, 2000 memorandum. The motion carried unanimously (5-0). C. West Round Lake Road Phase I, Authorization to Execute an Agreement to Convey Easement Mr. Post stated that when the City of Arden Hills undertook the West Round Lake Road Phase I improvement in 1999, the project required two property acquisitions: the Indykiewicz parcels and approximately 2,400 square feet of property owned by the Nott Company. The Indykiewicz acquisition agreement was completed in March 1999. However, the Nott parcel easement was never finalized. The Not! Company gave the City permission to construct the new roadway with the understanding that the pernmnent easement agrcement was a remaining open item. The Nott Company contacted the City in December 1999 in regards to linalizing thc easement agreement. The Not! Company and City Staff have agreed on a purchase price of $2.75 per square foot or a total of $6,600.00 for obtaining the easement. . . . ARDEN HILLS CITY COUNCIL - APRIL 10, 2000 8 Staff recommends that the City Council authorize the Mayor and City Administrator to execute an "Agreement to Convey Easement" with the Nott Company and the City Treasurer to issue a check to the Nott Company in the amount of $6,600 in consideration for said easement for the purpose of the West Round Lake Road Phase I reconstruction improvement. MOTION: Council member Aplikowski moved and Councilmember Larson seconded authorization of execution of an agreement with the Nott Company to convey easement, and to issue a check in the amount 01'$6,600 to the Nott Company for the purpose of the West Round Lake Road Phase I reconstruction improvement. The motion carried unanimously (5-0). D. Pay Request #1, Sanitary Sewer Rehab Project, Lametti & Sons, Inc. Mr. Brown stated that the City awarded Lametti and Sons, Inc. of Hugo, MN the 1999 Sanitary Sewer Rehabilitation Project for a total contract amount of$25l,265. The contractor has completed the sewer main cleaning, lrenchless pipe lining and manhole sealing. Only minor manhole rehabilitation, site restoration and sewer televising are left to be completed by the contractor. . Sag pipe repair of a segment of scwer main was also part of Lanletti's contract and is scheduled to begin in the 2nd week of May. Mr. Brown recommended approval of Pay Estimate #1 in the amount of$120,478.05 to Lametti and Sons, Inc. A retainage of 5% is being held for the project. Mr. Stafford stated that approximately 60 feet of the II2 mile of the relined pipe was near collapse. He added that the integrity of the new line might be compromised, but the area will be closely monitored. Councilmember Aplikowski asked how much pipe was put in. Mr. Brown stated approximately 2300 feet of pipe lining was installcd within the existing pipe. He added the lining system should provide significant reduction in ground water infiltration. Councilmember Rem asked how long the pipe should last. Mr. Brown stated the pipe should last in excess of fifty years. MOTION: Councilmember Larson moved and Councilmember Grant seconded authorization of payment of Pay Estimate #1 in the amoUl1t of $ 120,478.05 to Lametti and Sons, Inc, for the 1999 Sanitary Sewer Rehabilitation Project. The motion carried unanimously (5-0). ADMINISTRATOR COMMENTS A. Cleveland Avenue Bridge Cost Increase . . . ARDEN HILLS CITY COUNCIL - APRIL 10,2000 9 Mr. Lynch stated that public cost estimates for the repair of the Cleveland A venue bridge have increased. He added that the funding source for the repairs is still available and more than covers the increase for the City's cost share. Mr. Lynch stated that Ramsey County is seeking confirmation from the City to pay the cost increase. Staff recommends that the Council reaffirm the City's cost participation in this project and willingness to pay the increase due to higher bids. MOTION: Councilmember Aplikowski moved and Councilmember Larson seconded re-affirmation of the City's commitment to cost participation in the Cleveland A venue Bridge Repairs project. The motion carried unanimously (5-0). B. City Administrator Six-Month Probationary Review Preparation, May 10,2000 Mr. Lynch stated that his 6-month review should be held in May, and asked whether the Council had any requests of him in preparation for the review. Mayor Probst stated that, in the past, the mayor and one Councilmember conducted the Administrator's review, and a form was used. He suggested the Council might want to consider whether the process should be continued, and if so, identify a Councilmember to participate in the review with him. He stressed the Council's prerogative to change the process if they should deem it necessary. Councilmember Aplikowski stated she is the only Councilmember on the current COUl1cil who has been through the process as it stands, adding it is a numbering system with four categories. She noted it is a good and fair process. Mayor Probst stated that if the Councilmembers were comfortable with the process, some thought should be given to whom would participate in the review with him. He added this could be discussed at the upcoming Worksession. He requested that the review form, previously kept by former Councilmember Paul Malone, be obtained for review at the Worksession. COUNCIL COMMENTS Councilmember Grant stated the Ingerson Task Force met on Tuesday, March 18 with the Rice Creek Watershed District to discuss their position on ponding, water treatment, impervious surfaces, and various guidelines, as well as to address the issue of rain gardens. Councilmember Grant complimented City staff on obtaining a I-ton truck at a savings of $ 1,400, which is a substantial upgrade from the 3/4-ton truck authorized by the Council. He offered congratulations to those involved in the acquisition. Mayor Probst stated, with regard to the Ingerson neighborhood group, that he was approached recently by a resident of the area who did not live on Ingerson. He added this resident indicated that there are residents in the neighborhood who want the street improvements but have not been . . . ARDEN HILLS CITY COUNCIL - APRIL 10, 2000 10 vocal about this for fear that actions might be taken against them. He asked Councilmembers Grant and Larson to pass this commentary along to the task force. Councilmember Larson reviewed the Planning Commission's AprilS meeting, at which four items were discuss cd. A proposal from Aerial Communications for a Special Use Permit to add antennas to the water tower on Red Fox Road was recommended for approval. He added that the Commission discussed a more coordinated approach to this site as many requests of this sort are being received. COlillcilmember Larson stated a Planned Unit Development Amcndment on Gateway Road was presented and approved after considerable discussion with regard to the aesthetics of the area and the possibility of administrative approval of such requests. Councilmember Larson stated a Special Use Permit amendment for proposed modifications to Mounds View High School was recommended for approval. He added that the two issues of concern to the Commission were exterior lighting and insufficient parking. He noted that approval was recommended with the condition that no parking spaces would be lost. Councilmember Larson stated a front yard setback variance on Shoreline Lane was recommended for approval. Councilmember Larson asked whether a sewer gas problem at the new pumping station at the north end of Lake Johanna was resolved. Mr. Stafford stated a complaint was received by the Sherriff's office from a visitor at a home in thc arca. He added the complaint was investigated very thoroughly by his staff, and no problems were found. He noted an insurance report was completed for documentation purposes. Councilmember Aplikowski reviewed a memo outlining recent activities of the Events Committee, and presented three items for Council approval. MOTION: Councilmember Aplikowski moved and Councilmember Grant seconded approval ofthe following City Events Task Force-related items: I. New business cards for Ray McGraw printed with "City Events Task Force". 2. Elevation of LoAnn Crepeau to Co-Chair. 3. Re-instatement of George Wimlecki. Thc motion carried unanimously (5-0). Councilmember Aplikowski noted the next meeting of the City Events Task Force would be held April 19. Councilmembcr Rcm presented a copy of a quarterly review published by the government which contained an update on the TCAAP property. She added the publication was available for any interested Councilmembers. ARDEN HILLS CITY COUNCIL - APRIL 10,2000 11 . Councilmember Rem stated the web site task force is looking for residents interested in participating. She noted that Craig Wilson has been asked to chair the task force, and he has expressed his willingness. She added she would have a list of interested residents for the Council's next meeting. Councilmembcr Rem stated she plans to attend the cable channel volunteer appreciation dinner to be held Thursday April 13. Councilmember Rem stated she had recently been contacted by the Associate Dean for Diversity and CommUl1ity Development at Bethel College with regard to participating in periodic meetings. She added she hopes the City can work with the College on some common issues and concerns. Councilmember Rem presented pamphlets produced by the City of Golden Valley with regard to community programs such as street projects and special assessments. She added the City might wish to consider making such general information public in this way, possibly on the web site. Mayor Probst asked for clarification with regard to the City's official e-mail address.Mr. Lynch stated mail is being received from other communities under the old address. . Mayor Probst commended City staff for placing 3rd in a State safety contest for their work on the Lexan window for the snow plow. Hc requested that Mr. Stafford pass the congratulations on to his staff. Mayor Probst stated the Council should discuss the Lake Johanna Volunteer Fire Department capital hudget for the next five years. Mayor Probst stated he received a memo reviewing current State and County projects, in which the 1-694 resurfacing was not mentioned. He asked whether Mr. Stafford could clarify the status of the Highway 96 reconstruction. Mr. Stafford stated that the Highway 1-694 overlay was dropped from this year's program, as well as signals at the Hamline Avenue/County Road F intersection. He added he expects that Highway 96 will realistically be completed in 2003. Mayor Probst stated he had recently seen some accumulation of debris at the bottom of Lake Johanna, and asked Mr. Stafford whether the condition of the lake's grit chambers could be assessed. He added that the Water Quality Task Forcc might want to consider this issue. Mr. Stafford agreed to check on the grit chambers. Councilmember Larson asked when the Highway IO/Highway 96 overpass will be on the Council's agenda for discussion. Mr. Lynch stated that Mr. Brown is working on design documents for review at the upcoming Worksession, incorporating changes discussed at the neighborhood meeting. . Councilmember Aplikowski thanked City staff for their hard work and efforts with regard to the recent Town Hall meeting. . . . ARDEN HILLS CITY COUNCIL - APRIL 10, 2000 12 ADJOURN MOTION: Council member Rem moved and Councilmember Aplikowski seconded a motion to adjourn the meeting at 9:31 p.m. The motion carried unanimously (5-0). NOTICE OF MEETINGS Thc next regular City Council mceting will be held Monday, April 24, 2000 at 7:30 p.m. at the Ardcn Hills Council chambers.