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HomeMy WebLinkAboutCC 12-11-1989 MINUTES OF THE ARDEN HILLS REGULAR COUNCIL MEETING , MONDAY, DECEMBER 11, 1989, 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: Mayor Thomas Sather, Councilmembers Nancy Hansen, Paul Malone, JoAnn Growe and Thomas Mahowald. Also present: Attorney Jerry Filla, Engineer Terry Maurer, Planner John Bergly, Public Works Supervisor Dan Winkel, Clerk Administrator Gary Berger and Deputy Clerk Catherine Iago. ADOPT Mayor Sather advised an additional item was placed on the AGENDA Consent Calendar: Item 4(i) - Approval of Change Order for Cleveland Avenue Lift Station. Malone moved, seconded by Growe, to adopt the Revised Agenda for the December 11 meeting with the addition of Item 4(i). Motion carried unanimously. (5-0) APPROVE MINUTES Councilmember Malone recommended the November 13 minutes be clarified on page 7, under the 1989 Fee Study: He explained the Finance Committee recommendation for a 10% increase in the On-sale Liquor Licenses fees was also based on the increased cost of operating the City since 1986 and the 10% increase in rates assumes an average 2.5% increase in costs over the four year span. Mahowald moved, seconded by Growe, that Council approve the minutes of the November 13 Regular Council meeting with the clarification recommended by Councilmember Malone and the November 20 Council Worksession . meeting and November 27 Regular Council meeting as submitted. Motion carried unanimously. (5-0) CONSENT CALENDAR Hansen moved, seconded by Malone, to approve the Consent Calendar for the December 11 meeting and authorize the execution of all necessary documents contained therein: a. Approval of Initial Landscape Inspection, Mn/Dot Truck Station, County Road I. b. Approval of 1990 Liquor License Renewals. c. Adoption of Resolution No. 89-56, Tree City Designation. d. Adoption of Resolution No. 89-57, Approval of 1990 Ramsey County Sheriff's Agreement. e. Acknowledgment of Engineer's Recommendation on Amble Road Lot Split Drainage concerns. f. Acknowledgment of Engineer's Recommendation on Shelendich Sod Problem. g. Renewal of Light Brigade, Class B Charitable Gambling License for Pull-Tabs at Blue Fox Inn. h. Approval of List of Claims and Payroll. i. Approval of Change Order for Cleveland Avenue Lift Station. Motion carried unanimously. (5-0) PUBLIC COMMENTS None. AUTH. PLANNING Council was referred to a memorandum from Councilmember , COMMISSION STUDY Growe dated 12-7-89, requesting prioritization and authorization for Planning Commission study of six items. Dennis Probst, Chair of the Commission, was present to discuss the items listed and answer any questions. ~_.~~--- ~--- ~~--- -- - Minutes of the Arden Hills Regular Council Meeting, 12-11-89 Page 2 , P.C. STUDY (Cont'd) Councilmember Malone noted the first two items listed in the memorandum are relatively equal in importance; stated e all items identified are appropriate for study by the Commission. Planning Chair Probst advised the Commission is awaiting Council action/direction on the Round Lake Gateway Business District prior to continuing study of this area. Probst explained the Commission has already reviewed preliminary plans for development which will impact the area along Lexington Avenue identified as an item for study. He requested Council authorize the Lexington Avenue subcommittee group to utilize Planner Bergly's services for the Lexington Ave. study. Council questioned what the cost would be for the Planner's involvement in the study of Lexington Avenue; questioned if $10,000 would be a fair estimate. Planner Bergly suggested the procedure for this subcommittee follow the format adopted by the Round Lake study group. He advised a limited amount of funding is available in the Planning budget for small-scale studies of this nature. After identifying the issues, the Commission would return to Council for authorization to expend funds for the consultant to begin a more detailed study. Bergly estimated a more detailed study would be below the estimated $10,000. There was discussion relative to the study of wetland areas. Probst explained there are a number of wetland areas which are not identified nor protected by the DNR. He stated the Commission anticipates applications for filling of wetlands for development, since the City is close to full development. He advised the subcommittee will study policies for filling wetlands and the possibility of the - City obtaining and protecting these wetlands. Councilmember Hansen expressed concern that study of Item #6, the Arsenal property, would not be worthwhile. She was of the opinion the City will not obtain that property in the future. Probst eXplained the military has been releasing some facilities across the nation and some members of the Commission expressed interest in pursuing the study of obtaining the land or portions of the land for recreational development. Council and Probst agreed to place the Lexington Avenue study as Item #1 and the Round Lake Study as Item #2 in the prioritization list. Malone moved, seconded by Growe, that Council approve and authorize Planning Commission to proceed with study of the six (6) items listed in the 12-7-89 memorandum from Council Liaison JoAnn Growe, with Items #1 and #2 being reversed in priority, and further authorize Commission to use the services of Wehrman Bergly Associates to assist with the study of the Lexington Avenue Development/Redevelopment at a cost not to exceed $10,000.00. Motion carried unanimously. (5-0) CASE 1189-22; SITE Council was referred to the Planner's report and Planning PLAN REVIEW, CPI, Minutes dated 12-06-89, relative to the application for 4100 HAMLINE AVE. Site Plan Review for a storage building addition at Cardiac Pacemakers, Inc. , 4100 Hamline Avenue North. ~ -. -_._- --~-~------_.- Minutes of the Arden Hills Regular Council Meeting, 12-11-89 Page 3 CASE #89-22 (Cont'd) Planner Bergly explained Council had reviewed a Master plan for this site earlier this year with major buildings located on the site. He advised at this time the application is proposing to . construct a 41 x 47 ft. storage building to be attached to the south side of the south building on Hamline Avenue. The Planner reviewed the placement and visibility of the proposed addition from Hamline Avenue and County Road F; the addition will not be visible from either street. He stated no additional parking will be required as this addition is a storage facility. Bergly noted Rice Creek Watershed District review is required due to existing wetlands on this site. He explained site grading is minimal, no landscaping is required and no drives/surface improvements will be made in conjunction with the building addition. Council questioned if the building will be visible from the north facing the residential area and if emergency vehicle access will be a problem. Bergly advised the building should not be visible from the north due to other buildings on the site and dense trees/vegetation in that area. Fire Chief Winkel stated he has no concerns relative to emergency vehicle access; sufficient access is provided along the south and west of the buildings. Bergly advised the Planning Commission recommended approval, condition upon RCWD and the Engineer's approval of the grading/drainage plan. . Malone moved, seconded by Mahowald, to approve CASE #89-22, Site Plan Review for Minor Construction, 4100 Hamline Avenue, Cardiac Pacemakers, Inc., subject to grading and drainage plan approval from the Rice Creek Watershed District and City Engineer. Motion carried unanimously. (5-0) CASE #88-14; SIGN Council was referred to the Planner's report and Planning PERMIT, GOODYEAR Minutes dated 12-6-89, relative to the application for a SERVICE CENTER, Sign Permit from Goodyear Service Center, Lexington LEXINGTON AVENUE Avenue. Planner Bergly explained the applicant has submitted a revised application that meets all ordinance requirements. He advised there was substantial discussion of the signs at the Planning meeting and the Commission recommendation for approval was based on the applicant consolidation and placement of the two (2) signs as shown in the revised plan. Bergly reviewed the four considerations listed in his revised report dated 12-11-89; summarized that both signs as shown on the revised plan meet all ordinance regulations. Growe moved, seconded by Hansen, to approve Case #88-14, Sign Permit and Signage Plan for two (2) signs, as revised and attached to the Planner's report dated 12-11-89, Goodyear Service Center and Arden Hills Tire Center, Lexington Avenue. Motion carried unanimously. (5-0) . SIGNALIZATION; Council was referred to a report from the Clerk LEXINGTON AVE., Administrator dated 11-30-89, regarding the Lexington COUNTY RD. E Avenue/County Road E signalization agreements. Engineer Maurer eXplained he has reviewed all the agreements and the costs included are the same as those presented at the preliminary stage. He stated the Emergency Vehicle Pre-emption (EVP) system is also included, as requested by Council, in the amount of $26,990.00. Minutes of the Arden Hills Regular Council Meeting, 12-11-89 P~ge 4 SIGNALS (Cont'd) Maurer advised the majority of the costs will be funded by MSA funds, with the exception of Signal B located at the east exit ramp of Snelling Avenue. He explained this signal is not on the . State aid system nor is Connelly Avenue, to the north of the signal, designated as a State aid road. The Engineer advised he is currently working on obtaining State Aid designation for Red Fox Road; if the designation is y.eceived the amount for signalization at Red Fox Road would be fundable. Maurer noted that Signals A & B at Snelling Avenue have an additional cost of $1,500.00 for painting; apparently in the past a special color was requested by Council. He explained if Council prefers to maintain a special color the fee will be paid by the City; if a color is not specified there is no cost to the City. After discussion, Council concurred no specific color is necessary. Malone moved, seconded by Growe, to authorize execution of the Ramsey County/MnDot Signalization Agreements for the construction of traffic signals systems as indicated in the Maier Stewart & Associates, Inc. File No. 520005-70, and eliminate a color specification for the signals. Motion carried unanimously. (5-0) O~. #265; Council was referred to a memorandum from the Clerk CHARITABLE Administrator dated 12-6-89, a letter and draft of GAMBLING the Charitable Gambling Ordinance from Attorney Filla dated 12-7-89, relative to ordinance revisions and a draft of the proposed ordinance, in response to Council direction. . Attorney Filla reviewed the proposed ordinance and identified areas of change from the original draft of the ordinance, which was prepared by Attorney Lynden: 1. The City currently imposes a $100.00 Investigative Fee per licensee, per year. This policy will continue during 1990 under the new regulations. A change will occur in 1991, at which time the City would impose a 3 percent local gambling tax and the maximum tax would be 3% of the organizations gross receipts. Filla explained State law allows the City to impose the 3% local gambling tax and indicates only actual costs for regulating gambling activities may be charged to the organization. He advised the City determines, on an annual basis, the actual costs associated with regulation and at the end of the year either rebate an overpayment or assess an additional charge with the fourth quarter payment. Filla stated this will not be effective until January 1, 1991, and the ordinance provides for applicants renewing licenses in 1991 to submit actual figures for 1990 in order for the City to estimate the tax. 2. The revised ordinance imposes a 10 percent fee of net profits for each licensed organization, the proceeds of the fee will be paid into a special fund to be administered by the City Council for lawful purposes. Filla explained State law defines "lawful purposes" in a way that permits the expenditure of any of those amounts for what could be any other legitimate government purpose. He stated at the present time the City receives voluntary . contributions from the organizations during the course of the year; this will no longer be voluntary and will be 10% of net profits. Filla explained how this amount is calculated. Minutes of the Arden Hills Regular Council Meeting, 12-11-89 Page 5 GAMBLING (,;;mt'd) 3. The revised ordinance maintains the same E~T~nber of licenses permitted in the City at nine (9) . The ordinance . states of the nine licenses, a maximum of seven (7) could be Class A (permit t ing all types of gambling) and if there are only six Class A licenses outstanding, the remainder could be Class B or C. The ordinance states all Class A licenses must be located in the same structure. Filla explained the intent is to allow for seven Class A licenses, if there are seven licensees that want to do business in the City; if not, the remainder will be filled with Class B or C licenses. 4. Section 5.9 of the proposed ordinance is part of the first draft of the ordinance and allows for a maximum number of six bingo occasions per week, per licensed organization. Filla explained at the present time there are four licensed organizations operating at the Pot o Gold Bingo Hall; total number of bingo occasions at the bingo hall per week could be twenty-four. He stated it appears there were seven organizations operating at the bingo hall when the ordinance was first drafted and each organization was limited to three bingo occasions, thus the number 21 occasions was inserted into the first ordinance. S. Section 5.11 contains additional language which indicates it will be a misdemeanor to falsify any reports required to be submitted pursuant to this regulation. The Attorney commented if Council passes the ordinance as revised, it will become effective upon publication; which will be approximately December 21. He . explained the 10% charge would then apply to all current licensees and Council would have to make a determination relative to prorating the charge. He also noted if the Council does nothing in 1990 relative to the local gambling tax regulation, it will become effective in 1991; if Council determines the provision should be changed, an amendment to the ordinance should be proposed in 1990. Filla explained some cities defer the effective date of the ordinance to allow some additional time for reaction from the persons regulated by the ordinance; the Council may defer the effective date of the ordinance to January 1, 1990 or a future date. Filla advised Council that staff recommends a copy of the ordinance be sent to all current or proposed licensees so they understand the regulations. There was discussion relative to limiting the number of licenses issued for Class A and Class B and whether or not to restrict the number of bingo occasions. Council also discussed discretionary powers in approving licenses. Attorney Filla advised State law provides for six occasions per week, per organization with a minimum time of 1-1/2 hours and maximum of four hours. He explained the proposed ordinance allows for a maximum of four hours and a lesser number of bingo occasions; three per week. Herb King, representing the Light Brigade, advised Council currently there are five organizations operating at the bingo hall. He explained that State Law limi ts the number of bingo occasions to 18 per week. King stated that three bingo occasions per week is not feasible, due to the length of time necessary for a . bingo occasion; requested Council consider maintaining a limit of six occasions, in accordance with State law or at least four occasions to make the operation viable. He also requested the ordinance contain language relative to Council ability to waive the 60 day waiting period for special circumstances, as specified in the State law. King explained the application process is time consuming and the State Gaming Board only meets once a month. King stated he would strongly endorse the ordinance with the recommended changes. Minutes of the Arden Hills Regular Council Meeting, 12-11-89 Pag'e 6 GAMBLING (Cont'd) After discussion, Council concurred to insert 18 bingo occasions per week, as provided in State law, limiting each organization to four bingo occasions per week, to exclude the 60 day waiver . provision, to make the ordinance effective January 1, 1990, and to include the minor language changes as discussed. Councilmember Hansen spoke in opposition of charitable gambling within the City; favored eliminating gambling in Arden Hills. She also stated if gambling is to occur in the City, she favors the charitable donations from the organizations be utilized to benefit the northern suburbs exclusively. Malone moved, seconded by Mahowald, that Council adopt Ordinance No. 265, AN ORDINANCE ADDING CHAPTER 4, ARTICLE I, DIVISION 5 TO THE ARDEN HILLS MUNICIPAL CODE RELATING TO GAMBLING, with the amendments as discussed and reviewed by the City Attorney and the effective date to be January 1, 1990. Motion carried. (Malone, Mahowald, Growe and Sather voting in favor; Hansen opposed) (4-1) Attorney Filla explained the calendar year expiration date for the licenses was omitted based on information from the State Gaming Board that such a stipulation would not be feasible and would create record keeping problems for the State. REQUEST CLASS B Council was referred to a memorandum from Deputy Clerk GAMBLING LICENSE; Iago dated 12-7-89, relative to a request from the Arden SHOREVIEW/ARDEN Hills/Shoreview Lions Club for a Class B gambling license for pull-tabs at the Big Ten Supper Club. Deputy Clerk Iago explained prior to Council adoption of the gambling ordinance . there were only two Class B licenses available; since the ordinance was adopted by Council this license application may be considered for approval effective January 1, 1990. Iago advised Council the State Gaming Board prohibited charitable gambling operations at the Big Ten Supper Club in November 1988, for a period of one year, due to illegal gambling activities. She stated the Gaming Board was contacted and they advised decision to reinstate gambling at that location will be determined by the State Board. George Farkas, representing the Lions Club, state he contacted the State Board prior to submitting the application to the City and they advised the restricted licensing period was over in November 1989 and stated they could proceed with the application for the Big Ten Supper Club location. Malone moved, seconded by Growe, that Council approve the request for a Class B Charitable Gambling License from the Arden Hills/Shoreview Lions Club, effective January 1, 1990, pending the State Board review and reinstatement of gambling activities at the Big Ten Supper Club. Motion carried unanimously. (5-0) REQ. PURCHASE; Council was referred to a report from Parks Director John TORO MOWER Buckley dated 12-6-89, requesting purchase of a 72 inch PARKS DEPT. Toro mower from MTI Distributing Company, at a cost not to exceed $11,808.00. The Mayor advised the Parks Director recommended ordering the mower at this time, . for purchase and delivery in 1990. There was discussion relative to the requirement to receive bids for purchase of equipment~ Attorney Filla explained purchases under the amount of $15,000.00 do not require the bidding procedure, however, most cities receive two or three quotes from companies prior to purchasing equipment and keep the information on file for a period of time. Minutes of the Arden Hills Regular Council Meeting, 12-11-89 Page 7 MOWER (Cont'd) Public Works Supervisor Winkel stated over the past ten years the City has purchased only Toro mowers based on satisfactory performance and the ability to interchange all attachments with the . units currently in operation. He stated traditionally MTI has submitted the lowest quote for equipment. Mahowald moved, seconded by Hansen, that Council authorize the purchase of a 72" Toro Groundsmaster from MTI Distributing Company, at a cost not to exceed $11,808.00, for delivery in early 1990, and further authorize staff to proceed with the sale of the old equipment. Motion carried unanimously. (5-0) EMPLOYEE APPTMT; Council was referred to a memorandum from Public Works PERMANENT STATUS Supervisor Winkel dated 11-7-89, recommending Jim Perron JAMES PERRON, PUB. be appointment to permanent employee status and receive a WORKS DEPARTMENT salary increase, effective 12/12/89. Winkel stated that Perron received a positive performance evaluation and based on his experience and successful completion of the six month probationary period, he is recommending Perron receive a salary increase to 95% of the wage rate, effective 12/12/89. Hansen moved, seconded by Growe, that Council approve the appointment of James Perron to permanent employee status and increase his salary to 95% of the wage rate, $12.52 per hour, effective December 12, 1989. Motion carried unanimously. (5-0) ESTIMATED COSTS; Council was referred to a memorandum from the Clerk . RECORDING SECRETARY Administrator dated 12-8-89, regarding estimated costs for a part-time recording secretary to transcribe and type minutes for the various City committees. Berger advised Administrative Secretary DeLaRosa had compiled information relative to utilization of a recording secretary versus utilizing City staff. Councilmembers Malone and Mahowald concurred the concept is great, however, they preferred leaving the process as is and utilizing committee members to generate minutes. Councilmember Hansen stated it would be more beneficial to utilize staff in order to keep the committees informed of their respective issues; suggested it would be advantageous to consider this in the near future. Councilmember Growe suggested the matter be discussed further at a worksession meeting. No formal action taken on this matter. COUNCIL COMMENTS MISCELLANEOUS Councilmember Hansen advised the Public Safety/Works Committee meeting scheduled for 12/14/89 has been cancelled. She also advised she may be late for the Budget Hearing on 12/12/89. . INCIDENT REPORTS; Councilmember Malone questioned if the City has been SHERIFFS OFFICE receiving incident reports from the Ramsey County Sheriffs Department; if so, requested the reports be forwarded to Council for review. He noted the high number of false alarms and Malone questioned if the false alarms are being processed. The Clerk Administrator advised the false alarms are being processed by staff. Minutes of the Arden Hills Regular Council Meeting, 12-11-89 P~ge 8 1990 BUDGET Councilmember Mahowald requested information relative to HEARING the procedures for the budget hearing on 12/12/89. . The Clerk Administrator advised he will give a brief overview of the 1990 Budget Summary sheets and explain the changes; such as the loss of government aid to cities. He explained other cities have reported low participation from residents and only three telephone calls have been received since publication of the Notice of Hearing. STATUS REPORT; Mayor Sather reported he received a telephone call from a AIR QUAlITY BOARD member of the Arden Hills/New Brighton Air Quality Board expressing the opinion that the Air Quality Board at this point has fulfilled its usefulness for Arden Hills and concern with Arden Hills continued cost-sharing participation with the City of New Brighton. Sather noted the group was formed due to the common odor problems experienced with the rendering plants in both communities. He suggested Arden Hills continue participation with the Board until such time as the City of New Brighton closes the negotiations for purchase of the rendering plant in that City; expressed the opinion that January 1, 1990 would not be an appropriate time to terminate the agreement. The Mayor offered to contact New Brighton Mayor Benke and discuss the matter prior to formal Council action; requested Council opinion prior to contacting Mayor Benke. Councilmember Hansen agreed with the Board member that this is an appropriate time to terminate the agreement; suggested a date of termination be set in the . near future, not immediately. Councilmember Malone was of the opinion Arden Hills has some obligation to continue with the participation and agreed both Mayors should discuss a date of termination; agreed an appropriate termination date would be after purchase of the New Brighton plant is accomplished. Councilmember Growe favored eliminating any further participation; agreed a date should be set for termination in the near future. Councilmember Mahowald agreed to terminate participation in the near future; suggested the Mayors of both cities should discuss the matter. Mayor Sather advised he will contact Mayor Benke and discuss a date for termination of cost participation either sometime within the first quarter of 1990 or to coincide with the announced purchase of the rendering facility by the City of New Brighton. TEAM BUILDING Council concurred to direct the Clerk Administrator to SET DATE schedule the Team Building session for the weekend of February 16 and 17, 1990. AMBLE ROAD; Keith Myrmel, 1284 Amble Road, requested information DRAINAGE CONCERNS relative to the City Engineer's findings in regard to WEAVER/WEGLEITNER the Amble Road drainage in conjunction with the recent . lot split. Myrmel stated his concerns relate to erosion control, the drainage easement across his property, site excavation back to the original grade and restoration of his property after installation of the drainage culvert. Min~tes of the Arden Hills Regular Council Meeting, 12-11-89 P~ge 9 AMBLE RD. (Cont I d) Engineer Maurer reviewed the findings in his report dated 12-4-89, relative to the drainage calculations for the area. He stated specific information has been received relative to site . restoration, however, it was not submitted in time for inclusion in the Council packet. He further advised the restoration will not be completed nntil the spring. The Engineer advised the compacting of the soil would be under the jurisdiction of the Building Inspector. Maurer stated he will contact the developer relative to the concerns expressed by Myrmel this evening and requested Myrmel advise staff if the site development is not done satisfactorily. Council requested the Engineer forward copies of all documents to Keith Myrmel for his review. MISCELLANEOUS Public Works Supervisor Winkel reported the LJVFD Aerial Truck will be setup at Perry Park on Wednesday, December 13, for demonstration purposes and a tour of the Public Works facilities is scheduled for 7:00 p.m. on Tuesday, December 26, for Council to examine the new water van and other equipment. ADJOURN Growe moved, seconded by Malone, that the meeting be adjourned at 9:15 p.m. Motion carried unanimously. (5-0) . Ga~ Erge~~eA ,:rbtl!~// Clerk Administrator Mayor NOTICE OF MEETINGS The next Regular Council Meeting will be held on Tuesday, December 26, 1989, at 7:30 p.m. .