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HomeMy WebLinkAboutCC 12-09-1991 , MINUI'FS OF 'IRE ARDEN HILlS REl3UIAR OJUNCIL ME:ErJN:; mNDAY, D&:EMBER 9, 1991, 7:30 P.M. - CITY HALL . CALL TO ORDER Pursuant to due call and notice thereof, Mayor Sather called the meeting to order at 7:30 p.m. ROLL CALL The roll being called the following members were present: May= 'Ihanas Sather, Council1nembers Paul Malone and Dale Hicks. Absent: Councillnembers JaAnn Growe and 'Thomas Mahowald. Also present: Attorney Jerry Filla, Engineer Mark Graham, Park Director Jolm Buckley, Public Works SUperinterrlent Dan Winkel, Clerk Administrator Gary Berger and Deputy Clerk Catherine Iago. AOOPI' Council was referred to the Revised Agerna for the REVISED DecellIber 9 meeting; Item 4 (i) - Change of MeIrorandum AGENDA Title to "Payroll Accotmting Change for Hourly Enployees. Malone moved, seconded by Hicks, to adopt the Revised December 9 Council Agenda, changing the title of Item 4 (i), and authorize execution of all necessary dOClllllel1ts contained therein. Motion carried unanimously. (3-0) APPROVE Malone moved, seconded by Hicks to awrove the November MINUI'FS 12 Regular meeting, November 18 Special and WOrksession 11/12/91 & meeting minutes, as sul::Jnitted. Motion carried 11/18/91 unanimously. (3-0) . CONSEm' COlIDcillnember Malone referred to Item 4. (h), Approval of CALENDAR 1992 Business Licenses, and questioned if Zeos, Inc. has requested renewal of the retail sales license for 1992. Deputy Clerk Iago stated she would check with the Receptionist to determine if Zeos has applied f= a 1992 business license; advised the list suhnitted is only a partial list of business license renewals. Malone requested the minutes reflect Council direction that no business license is to be issued to Zeos tmtil such t:iJne as the sign at that location is brought into compliance with the sign ordinance regulations. Mayor Sather requested staff forward a letter to SUe Schroeder, former El:litor of the Town crier, expressing thanks f= her service and dedication to the publication of the crier. Hicks moved, seconded by Malone, to approve the Consent Calendar as suhnitted and aut:h=ize execution of all neceE:E:ary d=uments contained therein: a. Adopt Res. No. 91-68, Renewal of Premise Pennit, Con=dia Singing SOOiety of st. Paul (Class A Bingo; Pot 0 Gold Hall) . b. Adopt Res. No. 91-69, Closing of Fund 520. c. Adopt Res. No. 91-70, Adopting and Confirming Special Assessments for Diseased Tree Removal. d. Adopt Res. No. 91-71, Adopting and Confirming Special Assessments for . Delin:;[uent utilities. e. Approve Renewal of 1992 Liqu= Licenses. f. A=ept Resignation, SUe Schroeder, Editor of Town crier. Minutes of the Arden Hills Re1JUlar Council MeetiLg, 12/09/91 Page 2 . CALENDAR (Cont'd) g. RecornInerKlation from Parks camnittee. on Purchase of Property . h. Approval of 1992 Business Licenses. i. Payroll AccountiLg O1ange for Hourly Enlployees. j. Approve Salary Increase f= City Administrator. K. Approve List of Claims and Payroll. Motion carriErl unanimously. (3-0) PUBLIC ro1MENI'S cliff Aichinger, representing st. Paul Turner's, statai he wishErl to express concerns regardin3" renewal of the Charitable GambliLg Premise Permit for this organization. Council concurrErl that it would be preferable to discuss the premise pennit renewal in conjunction with Item 6 (B), Ordinance No. 284, amending the Charitable GambliLg Chapter. No further comments from the floor. CASE #91-05; Council was referrErl to the mem:>randum from the Deputy FINAL PlAT, Clerk datai 12-6-91, and attachErl materials relatiLg to HANSON'S IAKE case #91-05, Final Plat of the Hanson Addition. Council1nember Malone noted the setback from Lexington Avenue on Lot 1, Block 1, has been adjusted at the request of Ramsey County. He questioned if the diagonal . rear lot line, proposed as a revision in the Planner's report, provides an average lot depth that is in compliance with the lot depth requirements. Malone also questionErl if the proposed revision in the lot line is acceptable to the applicant. Engineer Graham advised the proposErl diagonal lot line maintains the requirErl square footage and lot depth. Warren Hanson agreed that the proposal, listai as option #3 in the Planner's report datai 12-6-91, is acceptable. Malone moved, seconded by Hicks, to approve case #91-05, Final Plat of Hanson's lake Josephine Addition, Lexington Avenue and Shoreline Lane, with the incorporation of the adjustai rear lot line between lDts 1 & 2, Block 1, outlined as Option #3 in the Planner's report and requiriLg no variances f= the adjustai line, coOOitioned upon the Engineer's review of the plat to insure the lot is shown on the final plat as approved. Motion carriErl unanimously. (3-0) Warren Hanson referrErl to the 20-ft. roadway easement, mentioned in the Engineer's report, and explained the easement is not a part of the property involvErl in the final plat. Hanson also referrErl to the 10 foot drainage and utility easement shown on the south portion of the platte:i property, from Lexington Avenue to lake JosefHline. He advised the easement is retained f= drainage/utility purposes. Hanson noted . the Engineer explained a five foot easement on each side of the property line is nomally maintainErl. ; Minutes of the Arden Hills Regular Council Meeting, 12/09/91 Page 3 . CASE #91-05 (Cont'd) Hanson requested the it be note:i in the record that the ten foot easement along the south property line of this plat would be reduced to five feet, in the event the adjacent property is developed; the easement would then be five feet on either side of the property line. Warren Hanson also stated that the extension of Shoreline Lane was dedicated as part of the platting process. He requested that Council consider improvement of the street in conjunction with this plat be constructed to match the existing roadway conditions; specified there is presently no curb and gutter on the existing portion of Shoreline Lane, south fram Etlgewater. He indicated the assessments f= upgrading of the street would be handled if the southerly land is developed and the street extension is completed to the southern portion of Sh=eline Lane. Engineer Graham advised it would make sense to construct the street extension to the same width and strength as the existing portion of Shoreline lane. He agreed that future development may necessitate a street upgrade. Councilmember Malone suggested the Engineer descr"ibe the existing roadway conditions and specifications for construction of the street extension for the file. He further suggested the Engineer also des=ibe the reduction of the five-foot easement on the south property line, in the event the southerly property is developed. . Engineer Graham stated he would draft a letter for staff regarding both iteIns for retention in the City file and suggested Mr. Hanson be advised he should request the easement reduction. 000. #284; AMEND Council was referred to the memorandum from the Clerk CHAR. GAMBLING Administrator dated 12-5-91 and attachments, relating to TRADE AREA amending the Charitable Gambling Ordinance definition of Trade Area. Mayor Sather advised the Trade Area is cu=ently established as Arden Hills and cities whose boundaries are contiguous to Arden Hills. He explained the proposed amendment is to add to the cu=ent definition all goverrunental entities within Ramsey County, which considerably expands spending opportunities f= the charities corxiucting charitable gambling activities in Arden Hills. Councilmember Malone questioned if the amendment requires four affinrative votes by Council. Attorney Filla stated three affinrative votes are required for this type of an amerrlment to the Code. Malone questioned if the trade area should be defined and indicated he has no strong inclinations either way on this issue. Councilmember Hicks agreed that he has no strong feelings relating to the definition of the trade area. . May= Sather asked if there was anyone present who wished to be heard regarding this matter. . Minutes of the Arden Hills Regular Council Meeting, 12/09/91 Page 4 . ORD (Cent'd) David Burris, Administrator of the Ramsey County Nursing Home, outlined the nursing home programs which are funded by contributions fram the Concordia Singing Society. He favored the amendment to the Trade Area definition, based on the fact the furrls received fram Concordia Singing Society provide beneficial programs to nursing home residents and reduce the tax rates f= Ramsey County residents by lowering the operating l:uclget. Burris in:licated approximately $100,000.00 is =ntributed to the nursing home and that without the funding fram Concordia, several nursing home programs would probably be elinrinated. Counci1member Hicks in:licated the records shCM =ntributions in the am:lUJ1t of $69,000.00 and questioned if the monies were raised at the Arden Hills bingo operation. Burris noted the =ntributions fram Concordia for 1991 are lower than previous years, based on the Arden Hills regulation that monies be spent within the trade area. cliff Aichinger, Treasurer of st. Paul Turner's, and Russell Goodman, President, were present. Aichinger stated the proposed language chan:Je only expands the trade area to other governmental entities in Ramsey County. He encouraged Council to =nsider expanding the area further to benefit all residents of Ramsey County. Aichinger explained that the Arden Hills bingo operation is visited by persons fram the entire metropolitan area. He advised that funds raised at the hall by Turner's have gone directly to benefit youth fram an extensive area. . Aichinger explained the State Charitable Gambling Board has sanctioned the use of furrls fram the bingo operation for =nstruction of the new building to house Turner's organization, based on the fact the organization directly benefits youth by providing athletic activities. He in:licated that Turner's has the ability to prove that the program provides direct benefit to youth/residents in Ramsey County at the 50 percent amount, however, to shCM the direct benefit to the City of Arden Hills would be difficult. Aichinger noted that Turner's has attempted to provide progrannning in this area, hCMeVer, the organization does not want to c:cIlpete with other programs offered in the northern suburl:s. He proposed Council =sider amending the language to define the trade area to include organizations that benefit the youth and = residents of Ramsey County, rather than exclusively governmental entities. Russell Goodman, President of st. Paul Turner's, provided written =rnments relating to the proposed amendment. He requested Council =sider expanding the trade area =ncept to include Ramsey County, but not limited to governmental entities. He noted that a resident fram Roseville, who is a participant in the Turner's program, recently won top gymnastic honors at the high school level. Frank Belga, representing st. Mary's Romanian Chuich, stated the bingo operation provides benefits to members of the church which is located in Ramsey County. He suggested the amendment to the trade area include language which includes all organizations in Ramsey County that meet the State "lawful purpose" definition. . Mayor Sather recommended this matter be scheduled for discussion at a Worksession meeting in January. Deputy Clerk Iago explained the delay may affect the renewal process f= one = more of the organizations; noted the State Gaming Board requires the application be submitted 60 clays pri= to renewal. , Minutes of the Arden Hills Regular Council Meeting, 12/09/91 Page 5 . ORD (Cont'd) Pat Gartland, representing Turner's advise:i it would be preferable to resolve the matter as soon as possible, to allow t:i1ne for suJ:mission of the application to the state Gaming Board. Counci1member Malone suggested it would be preferable to make a determination to retain or delete the trade area restriction, rather than amending the regulation several t:i1nes. He indicated he would favor deleting the trade area restriction, rather than att.enpt to define how the charities spero. l1lOnies and what organizations are worthwhile recipients of the funds. Malone stated the first draft of the Ordinance did not specify a "trade area" and licenses were issued on a "first came, first serve" basis. Mayor Sather stated it may be reasonable to m:xiify the restriction. He indicated the restriction became effective in January 1991 and may not have been in effect long enough to gauge the benefit of this re:JUlation. Pat Gartland explained that Turner's bingo operation has been the "=rnerstone" of the Pot 0 Gold Bingo Hall and the organization has been in operation since the hall opened. She advise:i Con=rdia has also been in operation since the hall l:egan operation. cliff Aichinger reported that Turner's is prepared to meet the requirement and may be able to "catch up" with the trade area obligations iJTp:lsed by the exist:in;J Ordinance upon CCllTpletion of the new b.lllding. He explained the commitments to the new building was detennined prior to adoption of the trade area re:JUlations. . He requested approval of the license in order to =ntinue the operation and meet the furrling requirement upon CCllTpletion of the building. Mayor Sather advise:i Turner's has suJ::mitted the application for renewal and staff explained the item was not placed on the agenda due to the fact the application was not CCllTplete. Counci1member Malone questioned if Council may temporarily suspend enforcement of the regulation or include exemption language in the amendment. Attorney Filla explained the regulations exist and Turner's organization is not in CCllTpliance. He indicated the state requires the city to approve the Premise Pennit and the existing re:JUlation does not allow the license renewal nnless the organization is in CCllTpliance. Filla advise:i it would be preferable to either amend the Ordinance or require CCllTpliance with the existing regulation. Mayor Sather advise:i he would prefer to discuss the amendment with a full Council present and suggested tabling action to the December 16 Worksession meeting. '!here was Council discussion relative to the date of adoption of the re:JUlations and the fact that all the charities operat:in;J at the Bingo Hall were aware of the requirement at least six l1lOnths in advance of the effective date. It was noted that the original proposal for this requirement specified that 75 percent of the profits were to be utilized within the trade area and that figure was reduced to 50 percent. Council questioned if fcmnal action may be taken on this matter at the December 16 Worksession meeting. Attorney Filla stated fonnal action may be . taken at a Worksession meeting. Hicks moved, secorxled by Malone, to table action on the Ordinance amendment to the December 16 Council Worksession meeting. Motion carried unani1nously. (3-0) , Minutes of the Arden Hills Regular Council Meeting, 12/09/91 Page 6 . DIsaJSSION i Council was referred to the letter from Engineer Graham MEDIAN OPENING, dated 12-5-91, regarding the :median opening along Trunk T.H. 51/SNELLING Highway 51 at snelling Avenue, and the 11-26-91 letter from MnOOI' relating to the closure of the :median. Engineer Graham stated that MnOOI' indicated 28 a=idents have occurred at this intersection since Jamary 1986, with 11 occurring from vehicles using the :median opening. He advised that all of the a=idents have caused personal injuries, including three fatalities. He referred to the letter from MnOOI' which prqx>sed closure of the :median on December 16, 1991 and noted that MnOOI' has indicated this closure will be delayed 1.U1til Jamary 1992, due to recent weather corxlitions. Graham explained he has scheduled a meeting with MnOOI' representatives on Friday, December 13, to further discuss the proposed closure of the :median. Council discussed concerns relating to the closure of the :median and the effect of the closure on traffic corxlitions. Council concurred to direct the Engineer to continue discussion with MnOOI' representatives regarding the proposed closing of the Halnline Avenue :median opening and the remaining :median opening along Trunk Highway 51 and report to Council at a future meeting. COUNCIL cn1MENI'S . SN~i Council1nember Malone suggested staff prepare a brief REPIACEMENl' POLICY notification reminding residents of the procedures f= SOD & MAIlilOXES replacement of sod and mailboxes damaged during snowplowing i recammended preparation of a press release and a brief message on the Cable 'N Channel. REVIEW ALARM Council1nember Malone recalled that DepartJnent Heads were PROCEDURES WI'IH directed to discuss alann pr.."..."nnres with those employees CITY EMPLOYEES present at city Hall llnmediately following the b.n:glary RE: BURGlARY incident and to forward notification to Council that such a discussion was accamplished. Malone questioned why the Park Director's notes regarding the discussion have not yet been received by Council. Park Director Buckley stated he provided copies of the discussion items to the Clerk Administrator on September 20. 'Ihe Clerk Administrator advised he would forward copies of the document to Council. PARK PROGRAM Council1nember Malone explained there was discussion FONDS OUI'LINE regarding the Park Director providing an outline of the direct costs of program funding for Council review. . Park Director Buckley stated the infonnation should be available for distriJ::ution at the December 30 meeting. ) " , Minutes of the Arden Hills Regular Council MeetiLq, 12/09/91 Page 7 . APFOINIMmI' OF Council directed staff to place the discussion of the NEWSLEITER appointment of a designer for the City newsletter on the DESIGNER December 16 Council Worksession Agenda. P~CE Council requested evaluation forms and salary infonration EIlAllJATION ; relatiLq to the Public W=ks SUperintendent position be PUB. WKS. SUPER. forwarded to Counci1mernbers. ADJOURN Hicks!OOVed, seconded by Malone, that the meetiLq be adjOUI11ed at 8:50 p.m. Motion carried unan.i1rously. (3-0) ~ 'R. f3~ ~MM~ GaryR.ilerger 'lhomas R. Sather Clerk Administrator Mayor NOI'ICE OF MEEI'INGS 'lhere will be a Council worksession MeetiLq held on Monday, December 16, 1991, at 4:30 p.m., at City Hall. . Council will =nduct a Perfonnance Evaluation for the Park Director on Monday, December 30, at 6:15 p.m., at City Hall. 'The next Regular Council MeetiLq will be held on Monday, December 30, 1991, at 7: 30 p.m., at city Hall. .