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HomeMy WebLinkAboutCC 11-20-1989 HINUTES OF THE ARDEN HILLS COUNCIL WORKSESSION MONDAY, NOVEMBER 20, 1989, 4:30 P.M. - CITY HALL .~ CALL TO ORDER Pursuant to due call and notice thereof, Mayor Sather called the meeting to order at 4:30 p.m. . ROLL CALL The roll being called the following members were present: Mayor Thomas Sather, Councilmembers Paul Malone, JoAnn Growe and Thomas Mahowald. Councilmember Hansen arrived at 4:35 p.m. Also present: Attorney Jerry Filla, Engineer Terry Maurer, Planner John Bergly, Park Director John Buckley, Public Works Supervisor Dan Winkel, Clerk Administrator Gary Berger and Deputy Clerk Catherine Iago. GATEWAY BUSINESS Councilmember Malone give a brief synopsis of the DIST. DISCUSSION initiation of the GB District, the formation of the Task Force, creation of the new zoning district and drafting of the development guidelines for the area. He explained the Planning Commission held a Public Hearing in November 1988 to discuss the proposed rezoning and creation of the Tax Increment Financing district. Planner Bergly explained the steps necessary to complete the process of establishing the GB District: 1. Council authorize staff to forward Comprehensive Plan Amendment to the Metropolitan Council for review and approval. 2. Send the Comprehensive Plan Amendment to the Metropolitan Council for review. If the Met Council determines it is a minor plan amendment it will take approximately 10 to 30 days to approve the amendment. Bergly stated he has discussed the matter with the Metropolitan Council and it appears the amendment will be classified as minor. 3. Council action to amend the Zoning Ordinance to establish the GB District and . Rezone the area from I-I and R-2 to the Gateway Business District. Bergly stated the City has received inquiries from developers, Realtors and owners wanting to develop land in the Round Lake area under the present I-I zoning. He recommended Arden Hills proceed at this time to complete the rezoning process. Attorney Filla expressed concern regarding the length of time which has passed since the Public Hearing on this matter; suggested another Public Hearing be scheduled before Council after approval is received from the Metropolitan Council. He questioned if changes in the text were made after the Public Hearing was held. Bergly recalled the changes were mentioned at the Public Hearing as areas which would be modified and the changes were explained. Councilmember Mahowald questioned if the definition under Section 3 (c) "Single Use Project", restricts development to a single developer. The Planner referred to page 6, Section 6 (a) 3, which states: "Single use projects shall contain a minimum area of 10 acres.lI He stated the 10 acres must be owned by a single developer. Filla questioned if the guidelines restricted development of smaller parcels of land, page 6, Section 6: Development Standards (a) "Minimum project and lot . size." He noted several of the parcels in the Round Lake area are less than 10 acres and may be confined by the acreage restriction. -~ Minutes of the Arden Hills Council Worksession, 11-20-89 Page 2 GB DIST. (Cont'd) Bergly stated there are several owners in the area that have noncontiguous parcels and the language in the text . does not require the single use project or mixed use project acreage to be contiguous. He suggested language could be inserted in the Ordinance Amendment text under Section 6, page 6, (a) l. " ...shall contain a minimum of 20 contiguous acres." and (a) 3. " ....shall contain a minimum area of 10 contiguous acres." The Planner advised there are different areas in the development guidelines that allow for flexibility in Council determining variances from the requirements. After further discussion, Council concurred to direct the City Attorney to draft language and add on page 13, Section (n) "Variance from Standardsll, which grants Council more discretion in granting variances from the standards and provides for written findings explaining the basis for granting the variance. There was discussion relative to existing nonconforming uses on smaller parcels of land in this area. Attorney Filla stated he would review language relative to providing rationale or conditions for allowing existing nonconforming uses on the smaller parcels of land in this area. In discussion it was noted that the Tax Increment Financing language allows the City to assist developers in combing parcels and that the City may be interested in obtaining some smaller parcels in the area in order to direct development in the GB District. Council concurred to authorize staff to submit the Comprehensive Plan Amendment to the Metropolitan Council for review and approval, direct the City Attorney to . draft changes in the Ordinance text prior to the Public Hearing for Council review and approval, and schedule a Public Hearing before Council at their first Regular Meeting in January 1990. STATUS REPORT; Attorney Filla reviewed the mortgage and title problems KEM MILLING in conjunction with the City purchase of the rendering plant. DISC; CHARITABLE Council was referred to a letter from Attorney Filla GAMBLING ORDINANCE dated 11-17-89, relative to the proposed Charitable Gambling Ordinance previously drafted by Attorney Lynden. Attorney Filla discussed three items which require consideration by Council: l. Sunset provision - Council should determine whether or not to continue authorizing charitable gambling in the City or pursue phase out of gambling operations. 2. Investigation Fee - Council should determine if licensees will be assessed an investigation fee of $100 or if the City prefers to include a provision which imposes a 3% local gambling tax. 3. Local Gambling Tax - If the Council chooses to adopt a local gambling tax it cannot also assess the investigation fee. The City cannot assess more than its costs to regulate gambling activities within the City and cannot assess any amount in excess of 3% even if costs exceed the 3% figure. . -- Minutes of the Arden Hills Council Worksession, 11-20-89 ,Page 3 GAMBLING (Cont'd) Filla stated a new provision was passed in State Law which allows cities to require licensed organizations to contribute 10% of their net profits to a special fund to be administered by the . Council for public purposes; payments to the fund shall be made quarterly and records supporting the calculation of the payment must be submitted at the time of payment. He noted that cities can be more restrictive than State law by such methods as limiting the number of licensees, identifying places of operation, issue licenses only in connection with on-sale liquor licenses and limit the hours of operation. Council discussed the proposed ordinance by sections and concurred on the following: Section 5-1: Retain this section. Section 5-2: Retain this section. Section 5-3: Delete this section. Section 5-4: Direct staff to issue licenses on a calendar year basis, to begin in 1990. Section 5-5: Retain this section and add language which states the Council will not exempt or waive the waiting period for any gambling license applicant. Section 5-6: Retain this section. Section 5-7: Amend this section add language in the last sentence as follows: nState Gambling Control Boardll to identify records for submission. Section 5-8: Amend this section to restrict Class A licensees to operation at a single site and Class B licensees to operation at on-sale liquor license establishments. Section 5-9: Retain this section. . Section 5-10: Amend this section by deleting all language after the wording: " ...issued within the City" on the third line and add language which limits the number of licenses issued to nine, with six of the licenses to be Class A and the remainder of licenses to be Class B. Section 5-11: Delete this section. Section 5-12: Delete this section. Section 5-13: Delete this section. Section 5-14: Attorney to specify in this section the types of reports to be required after conferring with the State Gambling Board. Section 5-15: Retain this section. Section 5-16: Amend this section to require all organizations licensed in the City to submit a quarterly record of their net profits effective January 1, 1990 and Council will review the records to determine if a provision to impose the Local Gambling Tax will be included in the ordinance in 1991. Section 5-17: Retain this section. Section 5-18: Retain this section. Council suggested a section be added which states: Violations of gambling regulations will be reason for non-renewal of licenses. Council directed the City Attorney to incorporate the revisions and draft the proposed Ordinance for review at the November 27 Regular Council Meeting. COUNCIL COMMENTS . FINANCE COMMITTEE Councilmember Malone requested two oaths of office be sent to him prior to the Finance Committee meeting. Minutes of the Arden Hills Council Worksession, 11-20-89 ,. Page 4 LJVFD REPORTS Councilmember Malone requested a new copy of the LJVFD report; some pages were missing. . Malone requested the quarterly cost reports for the LJVFD be forwarded to Council. MEETING DATES Council discussed rescheduling the first meeting in January 1990; Code requires Council to meet on the first regular business day of the year. Council directed staff to contact the Attorney for his opinion regarding changing the date. ADJOURN Malone moved, seconded by Mahowald, that the meeting be adjourned at 7:00 p.m. Motion carried unanimously. (5-0) Gar~e~er ~ ,"o~".w Clerk Administrator Mayor . .