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HomeMy WebLinkAboutCC 07-30-1990 . . a. b. c. d. e. f. g. h. . i. MINUrES OF '!HE ARDEN HILLS RmJLI\R COUNCIL MEE1'ING MONDAY, JULY 30, 1990, 6:30 P.M. - CITY HALL CALL TO ORDER Pursuant to due call aOO notice thereof, Mayor Sather called the meeting to order at 6:30 p.m. DlFORMATIONAL MI'G; KEITHSON DRIVE FOND Council held an informational meeting with residents of Keithson Drive, to discussion problems with the pond in this area. ROLL CALL The roll being called the following members were present: Mayor Thomas Sather, Councilmernbers Nancy Hansen, Paul Malone, JoAnn Growe aOO Thomas Mahowald. Also present: Planner John Bergly, Attorney Jerry Filia, Public Works Supervisor Dan Winkel, Clerk Administrat= Gary Berger and Deputy Clerk Catherine Iago. Council was referred to the revised Agenda for the 7-30-90 meeting; includes additional item, 6. (e): Set Assessment Hearing Dates for Oak Avenue aOO Cleveland Avenue Improvement Projects. councilmernber Hansen requested an additional item be included on the agenda: 6. (f): siems Court Water Problems. ADOPT REVISED AGENDA Malone moved, seconded by Growe, to adopt the July 30 Revised Agenda, which includes items 6 (e) & (f). Motion =ied unanilnously. (5-0) APPROVE MINUI'ES 6/25 & 7/09/90 Hansen moved, seconded by Growe, to approve the June 25 and July 9, 1990 Regular Council Meeting Minutes as s-..1hnitted. Motion =ied. (Hansen, Growe, Sather aOO in favor; Malone abstained) (4-0-1) Mahowald voting CONSENT Council1nember Mahowald requested an approximate cost CALllIDAR est:i1nate for hiring temporary help for storm debris clean-up; Item 4. (f) on the Consent Calendar, and what funds will be utilized for payment. Public Works SUpervisor Winkel stated the costs should not exceed $1,000.00 and staff is cu=ently researching use of Parks aOO Public Works funds to pay for the temporary employees. Malone moved, seconded by Mahowald, to approve the Consent Calendar as sul::rnitted, and authorize execution of all necessary d=uments contained therein: Approve Partial Payment for 1990 OVerlay/Sealcoating Project. Approve Up:Jrade of Corrputer Memory. Adopt Resolutions No. 90-29 and 90-30, Northwoods Reapportionment of Assessments . Accept Resignations from Board of Appeals O1air and Planning Commission Member. Appoint Park aOO Recreation Commission Member. Approve Hire of Temporary Help. Approve Mileage RellnbJrsement Rate Increase. Approve Partial Payment to HRS Construction for Kem Milling Project. Approve List of Claims and Payroll. Motion carried unanilnously. (5-0) PUBLIC COMMENTS None. . . ~ Minutes of the Arden Hills Regular Council Meeting, 7-30-90 Page 2 CASE #90-08; SIGN VAR. & PERMIT, TRnIITY UJlliEIWl CHUROi, 3245 NEW BRIGHroN ROAD Council was referred to the repxt of Planner Bergly and Planning Commission Minutes dated 7-11-90,' and the Board of Appeals Minutes dated 6-26-90, relative to the request for a Sign Setback Variance and Sign Permit for Trinity I.iltheran Church, 3245 New Brighton Road. Planner Bergly ~lained the applicant is requesting a 5 ft. variance from setback requirements for institutional signs. He noted there are two items for =nsideration, a variance request and a sign pennit for an institutional sign in a residential district; institutional sign requirements are somewhat different fram business signs. He advised the proposal is to =nstruct a ground-mounted sign at the site located on New Brighton Road, north of the fire station. Bergly also pointed out the proposed location of the sign on the property and the location of existing signs. The Planner advised the Planning COmmission and Board of Appeals both recommended denial of the requested variance based on the lack of identifiable hardship, the fact there are other suitable locations for the sign that will meet the setback requirements and may provide better visibility, and the lack of other signs in the area =npeting for a driver's attention. Bergly ~lained that the Planning COmmission recommended Council approve a Sign Permit for a sign which meets the setback requirement, upon denial of the variance request and the applicant's suJ::xnission of detailed sign construction plans prior to installation. Councilrnember Hansen questioned if a sign placed at the required setback will move it too close to the church wilding. The Planner stated there will still be sufficient distance if the sign is located five feet closer to the J:uilcling, at the required setback. He ~lained the sign will have good visibility to traffic approaching from either the north or the south alon:; New Brighton Road. Bergly ~lained there are two other signs on the property which are located near this proposed sign location and may interfere with the sign if the variance is granted . Patricia Johnson, representing the church and Dr. Northwick, Pastor of Trinity Lutheran Church, were present to discuss the application. Johnson stated the main reason for up::lating the sign is due to growth programs and the new sign will have a four-line reader l::card. She ~lained visibility is an inJportant factor in promoting the new programs. Johnson pointed out the only landscape:l area on the site is at the south end of the property ~ the north portion is mainly parking area. She also noted the angular placement of the wilding to the street contrib.1tes to lessened sign visibility. Johnson advised the residents directly across the street from the church were =ntacted and had no objections to the requested variance. She stated Presbyterian Homes, on Johanna Boulevard, was granted a setback variance for a sign for better visibility. Dr. Northwick discussed the fXJWer poles which contrib.1te to lessened sign visibility; the five foot variance will increase the visibility of the sign. . . . Minutes of the Arden Hills Regular cOlUlcil Meeting, 7-30-90 Page 3 CASE #90-08 (Cont'd) Councilmember Hansen stated the sign is attractive. She explained the situation at Presbyterian Homes is not similar, due to a steep slope at that lcx::ation which prohibited placement of the sign at the required setback. Malone moved, seconded by Mahowald, to deny the sign setback variance request from Trinity Illtheran Olurch, Case #90-08, on the basis of no identifiable hardship to justify the requested variance. Motion =ied. (Malone, Mahowald, Growe and Sather voting in favor; Hansen opposed) (4-1) Hansen moved, seconded by Mahowald, to approve a Sign Permit, Case #90-08, for Trinity Illtheran Olurch, subject to the applicant suJ:rnitting detailed sign construction plans prior to installation. Motion =ied unanilnousl y. (5-0) srATUS RPr; MEr COUNCIL ACTION GATEWAY BUS. orsr. Planner Bergly advised the Metrop::>litan Council has taken action to approve the Gateway Business District Plan and a report on this matter will be suJ:rnitted for Council action at a future meeting. ORD. #268; AMEND CHAR. GAMBLING ORDINANCE Council was referred to a report from Clerk Administrator Berger dated 7-27-90, and a letter from Atto:rney Filla dated 7-20-90, relative to the prop:lSed amendments to the Charitable Gambling Ordinance. Attorney Filla explained two documents were attached to the letter; the first d=ument is a revised ordinance fornat am the second d=ument outlines how the ordinance will appear in co:le, if adopted. Filla reviewed the significant changes included in the prop:lSed ordinance, which include: 1. Insertion of appropriate language to incorporate the "premises permit" concept. 'Ihe City flCM has the authority to review am make recammendation for approval of premises permits and the state Gambling COntrol Board will be solely responsible for licensing the organization requesting the premises pemit. 2. Increase the authorized number of licenses from 9 to 10 and a provision which reduces the number from 10 to 9 on a future date; the date will have to be inserted . 3. Incorporation of a provision which indicates that licensed organizations must expend 75 percent of their net income within the City of Arden Hills or in contiguous cities; per Council direction. 4. Language changes and additional definitions to make a more =nprehensive document; the definitions are the same as regulations adopted by the Minnesota Charitable Gambling Control Board. Filla advised Council consider a date for insertion in Section 5-8, which will reduce the authorized number of licenses from 10 to 9. He stated the Gambling Control Board did not provide infornation as to when cu=ent licenses in Arden Hills expire. Filla suggested March or April 1, 1991 as the expiration date, based on city records which indicate current licenses will not be scheduled for renewal until March 22, 1991. Mayor Sather questioned if Section 5. 13, the provision requiring licensed organization to expend 75 percent of their net income within Arden Hills "Trade Area" may be too high. He recommended reducing the requirement to 50 percent. Minutes of the Arden Hills Regular COUncil Meeting, 7-30-90 Page 4 ORD. (Cont'd) Councilmember Malone =rnmented that the city of Shoreview requires 100 percent of net profits J:::e expended in the trade area. . CouncilInember Mahowald questioned if charities will J:::e excluded from participating in Arden Hills if this requirement is ~. Herb King, representing the Light Brigade, stated st. Paul Turners may have difficulty meeting the requirement since they are a school and are located in st. Paul. 'lhe Mayor explained the higher percentage may drive revenue sources out of the city. Sather pointed out Shoreview has only Class B licenses for pull-tab operations and no Class A license operations. He favored inclusion of the restriction at the reduced percentage to allow the charities to =ntinue to operate in the city and generate donations f= local organizations. CouncilInember Mahowald favored reduction to 50 percent; questioned if the "trade area" =uld J:::e expanded to include Ramsey County. Attorney Filla advised the Ordinance may J:::e more restrictive than state law, however, it may not J:::e less restrictive; the trade area is clearly defined. in the law as =ntiguous cities. councilInember Hansen favored the 75 percent requirement; stated the law provides f= requiring 100 percent. . Mahowald moved, seconded by Malone, for purposes of discussion to approve proposed Ordinance No. 268, AN ORDrnANCE AMENDING 0fAPI'ER 4, ARTICLE I, DIVISION 5, SECTIONS 5-1;5-1 (A) , (B), (C) AND; 5-2; 5-3; 5-4; 5-5; 5-5(A}; 5-5 (A) (1); 5-5 (A) (2); 5-5(B}; 5-6; 5-7; 5-8; 5-10; 5-11; 5-12; AND 5-13; AND ADDING 0fAPI'ER 4, ARTICLE I, DIVISION 5, SECTIONS 5-1(E), (F), (G), (H), (I), (J) AND 5-14 'ID THE ARDEN lllLIS MUNICIPAL roDE REIATING 'ID GAMBLING. Motion carried unanimously. (5-) Mahowald moved, seconded by Growe, to amend Section 5-13 of the proposed Ordinance to delete".. . seventy-five percent" and insert ". . . shall expend at least 50 percent. .". Motion carried. (Mahowald, Growe, Malone and Sather voting in favor; Hansen opposed) (4-1) councilInember Hansen suggested this requirement become effective January 1, 1991, rather than upon publication, to allow time to infonn organizations of the amendment. Attorney Filla advised it would be preferable to amend Section 5-14 of the proposed Ordinance, pertaining to effective dates. council discussed insertion of the date of expiration of the tenth license as outlined in Section 5-8. Councilmember Mahowald favored a later date than March 1,1991, to allow time for all licenses to be suhnitted for renewal, including the two which have not yet J:::een approved by the State Gambling Control Board. . Mahowald moved, to insert the date of December 31, 1991, as the expiration date of the tenth license. Motion died for lack of second. Minutes of the Arden Hills Regular Council Meeting, 7-30-90 Page 5 . ORn. (Cont'd) Malone:moved, seconded by Growe, to insert the date of May 1, 1991, in Section 5-8, as the date of expiration of the tenth license. Motion carried. (Malone, Growe, Mahowald and sather voting in favor; Hansen opposed) (4-1) Growe:moved, seconded by Malone, to insert in Section 5-14; "Section 5-13, shall become effective January 1, 1991, and the remaining Sections shall become effective the day following publication. Motion carried unanimously. (5-0) 'Ihere was discussion relative to establishing criteria for approval of licenses. Attorney Filla advised the criteria will be drafted as a Resolution, separate from the Ordinance itself. He explained there are only two basic criteria 1Nhich will be utilized; revenue generated in the "trade area" and criminal history. Filla stated Council may hold issuance of any premises permit until such ti1ne as a few licenses have expired and then the applications could be evaluated at the same ti1ne. Malone moved, seconded by Mahowald, to amend the second paragraph of Section 5-10, to irrlicate the reports outlined are required no later than February 1 of each year, and the reports also may include other information as required from ti1ne to ti1ne by Council Resolution. Motion carried unanimously. (5-0) Mahowald moved, seconded by Malone, to adopt Ordinance No. 268, as amended. Motion carried. (Mahowald, Malone, Growe and sather voting in favor; Hansen opposed) (4-1) . AOOPI' POLICY; SNOOPLOWING Council was referred to a report from Public Works Supervisor Winkel dated 7-25-90, recormnending adoption of the snowplowing policy, effective 8-1-90. Councilmernber Hansen suggested the amount of snow accumulation be =nsistent throughout the policy. Winkel agreed; noted he will instruct staff to change any discrepancy. Councilmernber Mahowald questioned if the city maintains public sidewalks. Winkel explained the City does not currently have sillficient manpower or equipment to maintain public sidewalks. Malone moved, seconded by Hansen, that Council adopt the snowplOW'ing policy, as sul::mitted, to l:ecome effective August 1, 1990. Motion carried unanimoUSly. (5-0) SEI' BULGEI' IDRKSESSION DATES Council was referred to a memorarrlum from the Clerk Administrator dated 7-25-90, requesting selection of b.Jdget worksession dates. . Malone moved, seconded by Mahowald, to schedule three Council Worksession meetings for the purpose of discussion on the proposed 1990 b.Jdget d=urnent on the following dates: 'Ihursclay, August 9, at 5:30 p.m.; Wednesday, August 15, at 5:30 p.m.; and Monday, August 20, at 2:00 p.m., all meetings to be held at City Hall. Motion carried unanimously. (5-0) Minutes of the Arden Hills Regular Council Meeting, 7-30-90 Page 6 . SCHED. ASSESSMENT; HEl\RINGS, OAK & CLE.'I1EU\ND AVES. Council was refen-ed to a memorandum from the Clerk Administrator dated 7-30-90, relative to scheduling assessment hearing dates for the Oak & Cleveland Avenue ilnprovement projects. Attorney Filla advised that appropriate resolutions for roth ilnprovement projects should be drafted which include the total project costs, the percentage of assessment and ordering the preparation of an assessment roll. Filla explained that the $2,065.00 that Albjerg paid f= driveway restoration was a legitilnate project cost and would have been done by the city, except for the fact it was more convenient f= Albjerg's contract= to complete the job. '!he Attorney stated a recommendation will be forwarded to Council regarding the driveway cost rell11l:ursement. Malone moved, seconded by Hansen, to adopt the appropriate resolution relating to Oak Avenue project (Improvement ST-89-2) which declares the cost of the project to be $24,118.20, determining 50 percent of the total project costs to be paid by the City and declares $12,059.20 to be assessed, orders preparation of the proposed assessment roll, and schedules a hearing on proposed assessment on Monday, August 27, 7:30 p.m., at City Hall. Motion carried unanimously. (5-0) Filla advised the Cleveland Avenue assessment hearing should declare costs of $293,285.31 and that 100 percent of the costs be specially assessed, ordering preparation of the assessment roll and scheduling the date of hearing. . Malone moved, seconded by Hansen, to i:tdopt the appropriate resolution relating to Improvement No. SW-W-89-1 (Cleveland Avenue), declaring the project cost to be $308,285.31, determining the costs will be assessed 100 percent against benefited property owners, ordering the preparation of assessment roll in that arrount, and establishing the date of a public hearing on Tuesday, August 28, at 7:30 p.m., at City Hall. Motion carried unanimously. (5-0) SIEMS CXlURI'; EROSION PROBLEM eouncilmel!lber Hansen stated she has been contacted by Oscar Wendt, 3458 Siems Court, regarding an erosion problem on his property. Hansen explained Wendt is experiencing erosion on his property since the recent resurfacing of siems Court; the runoff nCM flows directly down the driveway at this location. She stated Wendt is requesting the City co=ect this problem Public Works SUpervisor Winkel explained he has been in contact with the resident and discussed remedies to CO=ect the problem. Winkel noted the property is 'naturally lCM and drainage will continue to flCM down the driveway after the problem is co=ected. Oscar Wendt was present and explained that recently a service line was installed across the roadway; believes this has added to the problem. Council questioned if funds are available for ==ection of the problem. . Winkel stated reIl'aining project funds should be adequate to co=ect the problem. . . . Minutes of the Arden Hills Regular Council Meeting, 7-30-90 Page 7 aJUNCIL 0H1ENTS MISCELIANEX:lUS Councilrnember Hansen advised she will be unable to attend the Public Safety/W=ks Committee meeting 8/16/90. RECYCLING UPDATE Councilrnember Hansen reported on the proposed reduction of funds by the County to cities for recycling; suggested residents be encouraged to pursue tax rebate for recycling. Counci1member Malone commented the residents cannot request the tax rebate individually; noted that the County is also proposing to eliminate the fees. Clerk Administrator Berger stated Ramsey County should nake a decision regarding this matter by August 18. Council suggested staff place infornation regarding any changes in the Town crier, after Ramsey County nakes a determination on this matter. EASEMENT ENCROACHMENTS councilrnember Grave questioned if a response was received regarding the easement en=oachment on Bussard Court . Clerk Administrator Berger stated a letter was received from the resident by the Building Inspector; Kriesel was asked to contact the resident by telephone to insure clarification of any actions which my be taken by the city. REQ. CLASS B GTIl,R. GAMBLING LIC, LT. BRIGADE Councilrnember Mahowald recommended action be taken to approve the application for a Class 13 license to operate pull-tabs at the Blue Fox, for the Light Brigade. Mahowald moved, secoooed by Growe, to approve the request for a Class B Premises Permit, from the Light Brigade, to operate at the Blue Fox Inn, effective the clay after publication of Ordinance No. 268. Motion =ied unaniJrously. (5-0) ADJOURN Hansen moved, secoOOed by Growe, to adjourn the meeting at 9:50 p.m. Motion carried unanimously. (5-0) Gary R. Berger Clerk Administrator 'Iho.masR.Sather Mayor NOTICE OF MEETINGS 'Ihere will be a Budget Worksession Meeting held on'Ihursday, August 9, at 5:30 p.m., at City Hall. 'Ihe next Regular Council Meeting will be held on Morday, August 13, 1990, at 7: 30 p.m., at City Hall.