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HomeMy WebLinkAboutCC 06-25-1990 ~ - . MrnUI'ES OF TIlE ARDEN HILlS REJ::;OI.AR OXlNCIL MEETING MONDAY, JUNE 25, 1990, 6:30 P.M. - CITY HALL . Pursuant to due call and notice thereof, Mayor Sather called the meeting to order at 6:30 p.m. ROLL CALL '!he roll being called the following members were present: Mayor '!hClll'aS Sather, Councilmernbers Nancy Hansen, Paul Malone, JaAnn Growe and'IhClll'aS Mahowald. Also present: Engineer Tom Madigan, Park Director John Buckley, Public Works Supervisor Dan Winkel, Clerk Administrator Gary Berger and Deputy Clerk catherine Iago. CALL 'ro ORDER PERFORMANCE E\lAllJATION Council corrlucted Park Director Buckley's perfonnance evaluation between 6:30 and 7:30 p.m. '!he Council reconvened for the regular meeting at 7:30 p.m. ADOPI' AGENDA Malone moved, seconded by Hansen, to adopt the June 25 Agenda as suhnitted. Motion =ied unan:iJnously. (5-0) APPROVE MrnUI'ES Mahowald moved, seconded by Growe, to approve the June 11, 1990, Regular Council Meeting Minutes as suJ:mitted. Motion carried unanimously. (5-0) o:JNSENT CALENDAR Malone moved, seconded by Growe, to approve the Consent calendar as suhnitted, and authorize execution of all necessary documents contained therein: . a. Approve Attendance of Administrative Secr"etary at MCFOA Advanced Institute. b. Adopt Resolution Nos. 90-24 and 90-25, Reapportionment of Assessments, North Ridge Aparbnents, Continental Development. c. Approve Class B Fireworks Pennit Request, Northwestern College. d. Approve List of Claims and Payroll. Motion =ied unanimously. (5-0) PUBLIC CCM1ENTS None. . ARDEN TRAIL IMPROVEMENT REC'CM1ENDATION Council was referred to a memorandtnn from the Park Director dated 6-21-90 and a letter from Engineer Maurer dated 6-20-90, relative to the 1990 Arden Trail Irrq:Jrovement. Park Director Buckley reported on the meeting with neighl:orhocd representatives and the City Engineer to discuss the residents concerns and suggested options for improvement of the trail system. Items dIscussed included: Reduction of pathway width, options for surfacing, placement of pathway on New Brighton Road or stowe Avenue, control of motorized vehicles and safety concerns relating to the intersection of stowe and New Brighton Road. . Buckley advised the options proposed by the residents conflicted with the purpose of the trail and the use of the trail by neighborhood residents and the =mn.mity at large; emphasized the need for trails to provide connections to the park system and provide pedestrian safety by keeping foot traffic off busy streets. Jerry Gelao, 1911 Noble Road, stated he questioned persons using the trail whether they preferred a paved surface or leaving the trail in its present condition, He reported the trail users had no strong preference. f Minutes of the Arden Hills Regular council Meeting, 6-25-90 Page 2 . TRAIL (Cont'd) Gelao suggested signage J:::e placed at the trail entrances which clearly identifies the trail system for public use, "suggestion boxes" J:::e placed in the area to keep the City informed of the trail users concerns arrl J:::etter maintenance of the trails be provided by the City. Dick Wenzel, 1931 Noble Road, spoke in opposition to the trail illlprovement. He expressed concern over the current maintenance of the trail system; noted park benches, swings arrl trash receptacles are not repaired when broken. Wenzel also expressed concern regarding motorized vehicles on the trail system; suggested a better enforcement program. David Sand, Chair of the Parks Committee, advised his residence is directly adjacent to the Hazelnut trail which was recently paved as part of the trail illlprovement program. He explained some advantages to paving the trails; provides a cleaner atmosphere by eliminating dust, increases the number arrl type of person utilizing the trail arrl actually increases safety along the path due to the in=ease in number of persons along the trail system. Sand advised the citizen survey taken previously by the Park Committee clearly identified the need for the trail system as a connection for the parks in the city. He also explained the width of the proposed trail is necessary to aOXJl!lll\Cldate persons passing on the trail. San:i pointed out the illlprovement contract has been awarded an:i the City has a responsibility to honor the contract. Councilrnember Hansen stated she was unaware of the problems with trail maintenance; suggested maintenance be illlproved an:i landscaping along the trails should be considered. . Hansen questioned if the trail is located in an easement owned by the City or by NSP and what costs the city will in= if the project is abandoned. Engineer Tom Madigan, MSA, explained the City has ownership of the trail and typically the contractor would be awarded the expenditures to date on the project or the profit amount of the job. Hansen noted that the monies used for trail illlprovement are park dedication fees collected from development projects in the city, not taxes. councilrnember Malone stated there is a trail system in his neighborhood an:i paving has in=eased the use of the trail. He explained the citizen survey has indicated a strong interest in trail ilnprovements and the Council has some obligation to provide trails for cormnunity use. Residents Charlie Chenowith arrl Kurt Solar expressed opp:>eition to the trail improvement. Solar indicated the trail is utilized presently arrl he did not see a need for paving. . Mr. Wenzel questioned if any residents were present favoring the illlprovement, responsibility for maintenance and enforcement along the trail system. Mayor Sather stated there did not appear to J:::e any persons in the audience in support of the trail, however, the community survey in:iicated a strong preference for a trail system throughout the city. He exPlained the City will J:::e responsible for maintenance an:i the Ra01SeY County Sheriffs Department will be responsible for enforcement of motorized vehicles on the trails. - [. ~. Minutes of the Arden Hills Regular Council Meeting, 6-25-90 Page 3 . TRAIL (Cont'd) Councibnember Mahooald rep::>rted the Park Committee has done a very diligent job representing the community interests; the members of the Committee are present to represent citizens favoring the trail :iJrprovement. He advised the Council has an obligation to make a decision which will best serve the community as a whole, after weighing the concerns of property o;mers directly affected by the :iJrprovement. councilrnernber Hansen explained that residents may have to assume some responsibility for maintenance of the trail area and all residents have had to pickup debris strewn on their property occasionally. councilrnernber Growe expressed COncetTI regarding the maintenance problems at the parks and on the trails; stated the equipment at the parks and along the trails will be repaired or replaced. by the City. She stated this is a difficult decision and she did not supp::>rt the :iJrprovement. councilrnernber Malone stated this is a reasonable :iJrprovement to proceed with and the citizens have had an opp::>rtunity to express their views and discuss possible alternatives. He explained the Council has the resp::>nsibility to serve the needs of the entire community and input has sho;m trails are i111portant to residents. Malone moved, seconded by Mahooald, to direct staff to proceed with the Arden Trail :iJrprovement. Motion ca=ied. (Malone, Mahooald, Sather voting in favor; Growe and Hansen opposed) (3-2) . Council was referred to a rep::>rt from Clerk Administrator Berger dated 6-21-90 and a letter from Paul Lucas, Delta Environmental Consultants dated 6-18-90, regarding the Kem Milling site well abandonment. Paul Goudreault and Darrel Ohrran, representing Delta Environmental Consultants, were present to review the progress of the activities at the Kern Milling site. KEM MILLING SITE; STATUS REPORt' Goudreault reviewed the site performance schedule, alternatives for soil removal and disposal, and a summary of the project costs to date. Council and the consultants discussed the soil co=ection alternatives. Goudreault advised he will be forwarding a letter to the Clerk Administrator outlining the alternatives and costs for soil removal/disposal. Goudreault reviewed the costs to date for activities at the site. Councilrnernber Malone questioned the letter received from Minnesota Pollution Control. regarding the soil contamination. Darell Ohman advised the letter is a standard resp::>nse sent by the MPC when a "leak" site is identified. Council thanked the Delta representatives for their rep::>rt. . REJ;;lUESI' crASS B .CHARITABLE GAMBLING LICENSE Council was referred to a letter from the Light Brigade dated 6-19-90, requesting reconsideration of the request to issue a Class B Charitable Gambling License. Herb King and Donald Hewitt, representing the Light Brigade, were present to discuss the request. iL r ~ ! , f . . . . 1\......... '. -~':;...... 'M~:,_~ .~ Minutes of the Arden Hills Regular Council Meeting, 6-25-90 Page 4 LICENSE (Cont'd) Councilmember Hansen questioned the number of liquor establishments in the city arrl the number of O1aritable Gambling Licenses authorized by Ordinance. Deputy Clerk Iago advised there are seven liquor establishments in the city, six On-Sale and one Off-Sale. She stated there are nine charitable gambling licenses authorized by Ordinance; no IOClre than seven may be Class A arrl the remainder may be Class B. rago explained the background for lilniting the number of licenses. Council questioned if the Attorney has drafted an amendment to the Ordinance which requires the charities to contribute to organizations which directly benefit the northern suburJ::s. Deputy Clerk rago advised the Attorney was contacted regarding this amendment, however, no response has been received. Counci1mernber Growe questioned if staff has contacted the state Gaming Board to detennine which charitable gambling licenses are active at this time. Clerk Administrator Berger explained he has requested the information by telephone and letter and has not received an answer to date; noted the Gambling Board is extremely understaffed. Growe requested Berger continue to pursue this matter. Counci1mernber Hansen questioned if any further applications have been received to d?te for Class B licenses. Deputy Clerk rago stated there are no applications pending at this time, other than the Light Brigade. She explained the recormnerrlation previously sutmitted to Council from staff was to in=ease the number of Class B licenses to provide each liquor establishment the opportunity to conduct charitable gamblingi there are seven Class A licenses which may operate at the Bingo Hall arrl there are six On-Sale Liquor establishments with only two Class B licenses available, unless not all Class A licenses are issued. Mayor Sather questioned if Class A licenses are transferrable to another l=ation as a Class B license ; if a =ent Class A license issued for the Bingo Hall expires it could be utilized at the Blue Fox, if the license became available. Herb King explained the license is approved by the state Gambling Board for a specific l=ation and the state may approve the chan:Je of l=ation. King also explained that the contributions from the Light Brigade remain within the Moun:is view School District and benefit the northern sub.Jrbs. Counci1mernber Hansen stated the rationale provided by staff that all liquor establishment should have an equal opportunity to conduct charitable gambling appears to be reasonable. She recommended the number of Class B licenses be in=eased. from two to four, that the total number of charitable gambling licenses not exceed eleven and Class A licenses not exceed seven. Counci1mernber Malone did not agree that there is a need to provide every On-Sale Liquor establishment an opp:lrtunity to conduct chcq:itable gambling. He stated the Council discussed at length the number of licenses to be iSSUed; if the Bingo Hall"were to close, the city would have surplus licenses. He explained if the Bingo Hall has more licenses than couJd efficiently operate at that l=ation, a Class B license would be available. "Malone recommended waiting to detennine if all the Class A licenses =ently issued to the Bingo Hall will be utilized. . Minutes of the Arden Hills Regular Council Meeting, 6-25-90 Page 5 LICENSE (Cont'd) Herb I<in3' advised there were originally seven charities conducting bingo at Pot-o-<;old; the profit margin decreased with seven bingo games and one of the charities ceased activities. He stated six charities appear to operate more effectively at the hall. Councilrnember Growe agreed with CouncilInember Hansen's recommendation. Growe suggested staff pursue contacting the State to determine the level of activity on the licenses recently approved by the City. Herb King explained his 1989 license expired Februcuy 28, 1990 and February 15 his license was revoked by the State due to a gambling violation by a previous charity at the Blue Fox location. He noted the city had approved his 1990 license to be effective March 1, 1990. Council questioned why the license for the Light Brigade was not held until the violation period expired. Deputy Clerk Iago advised the State will only issue a license to a specific location; if the Light Brigade had requested operation at a different location the license would have rerrained in effect. . Clerk Administrator Berger stated staff indicated to Council that the Light Brigade had applied for a license and Council may consider holding approval of the two other licenses until the Blue Fox location became available. He recalled Council decision was to approve the two applications and when the next license becaIne available the Light Brigade could apply. Councilrnember Mahowald explained he did not realize the Council had the ability to hold the license and was under the irrpression action must be taken on the other two license applications. Hansen moved, seconded by Growe, to direct the City Attorney to draft an amendment to the dJaritable Gambling Ordinance which in=eases the total number of charitable gambling licenses which may be issued in the city from nine (9) to eleven (11), and limiting the number of Class A licenses to seven (7) and the rerrain:ler of licenses may be issued as Class B, based on the rationale that the increased number will provide a more equitable distriJ:ution for On-Sale Liquor establishments to conduct charitable gambling activities. Motion failed. (Hansen, GrCMe voting in favor; Malone, Mahowald and Sather opposed) (2-3) Councilrnember Mahowald expressed opp:lSition to in=easing the number of licenses without a justifiable need; if seven charities cannot effectively operate at the Bingo Hall a license will become available for Class B. Council1nernl:JEir Malone spoke in opp:lSition to increasing the number of licenses. He indicated he would be receptive to issuing a terrporary license for the Light Brigade to operate until such time as a license becomes available. He also favored issuance of the next available license to the Light Brigade due to the unusual circumstances under which the charity was instructed to cease operation. . Deputy Clerk Iago explained she did not J::elieve the State will issue terrporary licenses for Class B charitable gambling, except for one-time events; suggested Attorney Filla be contacted to research this matter. Councilrnember Hansen questioned if license renewals have priority over new requests for charitable gambling licenses. Minutes of the Arden Hills Regular council Meeting, 6-25-90 Page 6 LICENSE (Cont'd) Deputy Clerk Iago stated there is no =iteria in the Ordinance which provides for this consideration. . Councilmernber Mahowald explained if a temporary license cannot be issued and no licenses become available within 90 days, Council may consider an amendment to the Ordinance for issuance of one additional Class B license. After discussion, Council recammended AttoITIey Filla be directed to address the following issues for possible inclusion in the Olaritable Gambling Ordinance and be prepared to discuss same at the July 9 Regular Cooncil meeting: _ Determine if an additional license may be issued for Class B charitable gambling for the Light Brigade to operate at the Blue Fox Inn, with a "sunset" clause for a one-year perio::1 or less. _ Provision for pr=ess to revoke or void a charitable gambling license if no activity is generated at the site within a 90 day perio::1 after state approval. - Provision which establishes objective =iteria charitable gambling organizations must meet to assist Council in reviewing and approving new and renewal license applications. Donald Hewitt, President of the Light Brigade, advised that some crnmunities require a percentage of the contributions be distributed within the community or a certain radius of the community. Councilmernber Hansen recalled that she had previously suggested that type of provision be included in the Ordinance and was advised cities could not include such a provision. . Deputy Clerk Iago stated Legislation does pennit communities to set a percentage of contributions to be distributed within the community. councilmernber Mahowald stated if the Ordinance is amended to include an additional Class B license, he strongly favored the license be issued for the Light Brigade; based on the cirCtllllStances under which the license was discontinued by the state GaIning Board. EMPlOYEE EVAL. JAMES PERRON Council was referred to a memorandUIII from the Public Works Supervisor dated 6-21-90, relative to the employee performance evaluation of James Perron. Winkel advised that Perron's performance has been highly satisfactory and recorrrrnended a salary in=ease to the 100% pay level for the position. Hansen moved, secorrled by Growe, to approve the salary in=ease for employee Jim Perron to $13.18 per hour, retroactive to June 12, 1990, based on a satisfactory performance evaluation. Motion =ied unanimously. ' (5-0) STREEr LIGHT REO:M1ENDATION; PUB SAF/WKS CCM1. Council was referred to the Public Safety /Works cormnittee meeting minutes dated 6-13-90, relative to the recommendation for street lights in the city. . Councilmernber Hansen reIXJrted on the cormnittee recommendations as listed in the minutes of the meeting. Minutes of the Arden Hills Regular Council Meeting, 6-25-90 page 7 . LIGHTS (Cont'd) After discussion, Council co=ed to request the respective Council liaisons to forward the Public Safety/Works Committee recommendations on street lighting to the Finance and Parks Committees and Planning Commission, for review and formal recommendation to Council within 60 days. It was also determined that Council could fcon an Ad Hoc Committee upon receipt of all recommendations to study this matter. Public Works SUpervisor Winkel suggested the upcoming citizen survey include questions pertaining to interest in street light installation and willingness of residents to assume costs for the lights. 1990 LIIBOR OONTRAcr Council was referred to a memorandum from the Clerk Administrator dated 6-21-90, and a letter from Karen Olson, Labor Relations Associates, dated 6-15-90, 1990 Labor Contract for Public Works employees. relative to the Hansen moved, seconded by Malone, to approve the 1990 Iabor Contract, as outlined in the letter from Karen Olson dated 6-15-90. Motion carried unanilnously. (5-0) COUNCIL cn1MENTS KEI'lliSON POND; PUMPING oosr ESTlMATE Council was referred to a memorandum from the Public Works Supervisor dated 6-25-90, relative to approx:i..Jrate costs the City would incur for pumping the pending area on Keithson Drive. . Clerk Administrator Berger explained he has discussed the pond with Attorney Filla and it appears the pond was not constructed as d<;!Signed. Filla also indicated the city may have some exposure relative to this matter. Berger reported a meeting is scheduled with the Attorney, Engineer Barry Peters and Marcel Ei.bensteiner, the developer of the Keithson Addition, to discuss alternatives to resolve the ponding problem. Berger advised the short-term solution is to pump the pond and determine why the pond was not constructed as designed. He noted the long-range solutions may include installation of a pipe for drainage. Councilmember Mahowald questioned if the City is holding funds in es:::rCM in conjunction with this project. Berger stated the City is in possession of a check from the developer. Mahowald moved, seconded by Malone, to authorize the pumping of the Keithson pond to a dry level, that staff be instructed to determine if the funds held in es:::rCM may be utilized for a~lishing the purrq:>ing procedures, and that it be specified that pumping of the Keithson pond is being authorized based on p::>ssible iluproper construction of the porrl, which is a unique situation. Motion =ied unanimously. (5-0) . eouncillnernber Hansen reported the odor at 1600 Lake Johanna Boulevard and at the beach may be due to leaves and grass bein;! dumped in the area_ Hansen suggested staff place an article in the Town Crier advising residents that Ramsey County open space area is not for dumping leaves and yard waste. IAKE JOHANNA; OOOR PROBLEM . . . Minutes of the Arden Hills Regular Council Meetin;J, 6-25-90 Page 8 REx:;IONAL TRANSIT Councilrnernber Malone reported on the Regional Railroad Authority meetin;J. Councilrnernber MahCMald suggested an Ad Hoc Committee be appointed comprised of staff, Olairpersons of c::urrent citizen committees and Council to detennine issues to be included in the survey. CITIZEN SURVEY; CCM1ITI'EE APPOIN'IMENTS Mahowald expressed concern that this issue will not 1:e completed expediently and indicated only one meetin;J should be necessary to complete the process. Council con=ed that the Committee would serve on a "Ad Hoe" basis and one meeting should be sufficient to complete the process. REQUEST WAIVE FEES; CARROLL'S FlJRNITURE, 1203 W. CXlUNI'Y RD. E Councilrnernber MahCMald referred to the letter dated 6-22-90, regarding a request to waive the consultant fees charged in conjunction with the sign relocation at Carroll's Furniture, 1203 W. county Road E. Mahowald indicated he would favor waivin;J the fees, as the applicant is in=in;J a $4000.00 fee to remove the front entrance con=ete walk island in the front of the building. Deputy Clerk Iago advised that removal of the concrete walk island was based on the applicant's request to do so; the island area was considered part of the "landscaped area" as required by Ordinance. Mahowald questioned if the removal of the island was necessary based on installation of the signalization. Iago rep::>rted the removal of the island will better facilitate traffic flow and the request was also based on need for additional parking spaces. Clerk Administrator Berger advised he was contacted by Ramsey County Engineer Dan Solar regarding the terop::>rary construction easements necessary for completion of the signalization at this intersection; Carroll's has not suhnitted the signed easement d=uments pendin;J outcome of the request to waive fees. Council1ne:rnber Malone stated that Kevin Carroll was present durin;J the discussions with the business owners in this area regarding their request for signalization of this intersection. He explained that council authorized the signalization project at the urgin;J of the business owners and $70,000.00 of tax IOClnies will be spent on this project. Malone advised that the new sign is "nonconfonni.rB" and the Sign Ordinance clearly states and when a "nonconfonni.rB" sign is changed or moved it must be ' brought into compliance; Carroll's sign has been granted a variance and the sign will be IOClVed, at no cost to the applicant, by Ramsey County in conjunction with the project. He did not favor waivin;J the fees and suggested stoppin;J construction on the project until the required temporary easements are obtained. Council1ne:rnber Hansen explained that all property owners were aware of the signalization installation and how the project would affect their property. She did not favor wai vin;J the fees. . . . Minutes of the Arden Hills Regular Council Meeting, 6-25-90 Page 9 SIGN (Cont'd) Malone moved, secorrled by Hansen, to direct staff to notify Kevin Carroll, Ollef Operating Officer of Carroll's Furniture, that Council denies the request to waive the Planner's Fee, in the amount of $240.00, or the variance Application fee of $50.00, and that no permits will be issued for the sign relocation until the fees are paid. Motion carried. (Malone, Hansen, Grewe and Sather voting in favor; Mahowald opposed) (4-1) MISCELUlNIDUS Mayor Sather suggested scheduling the Katie lane/stowe Avenue neighborhocd secorrl meeting, relating to the on Wednesday, July 25, 1990, at 7:00 p.m., at Fire easement en=oactnnents, station #1. Fire Chief Winkel stated he will check on the availability of the Fire station for that date. MISCELLANIDUS Mayor Sather questioned the status of the Draft Personnel Policy . Clerk Administrator Berger stated staff is continuing work on the language in the policy . Mayor Sather stated it would be appropriate to begin fonnalizing the draft copy for Council review. ADJOURN Malone moved, seconded by Hansen, to adjow:n the meeting at 10:15 p.m. Motion carried unanllnously. (5-0) Gary R. Berger Clerk Aclm:inistrator 'I'harrasR.Sather Mayor NOTICE OF MEEITNG 'Ihe next Regular Council meeting will be held on Monday, July 9, 1990, at 7:30 p.m., at the City Hall.