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HomeMy WebLinkAbout09-10-90 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, September 10, 1990 Council Chambers, Municipal Building Meeting No. 90-20 A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council Chambers, Municipal Building, and was called to order at 7:00 P.M., by Mayor Bastian. B. ROLL CALL Gary W. Bastian, Mayor Present Dale H. Carlson, Councilmember Present Frances L. Juker, Councilmember Present George F. Rossbach, Councilmember Present Joseph A. Zappa, Councilmember Present C. APPROVAL OF MINUTES 1. Minutes of Special Meeting of July 16, 1990 Councilmember Zappa moved to aoorove the Minutes of Special Meeting of July 16. 1990. as submitted. Seconded by Mayor Bastian. Ayes - all. 2. Minutes of Special Meeting of August 9, 1990. Councilmember Zappa moved that the Minutes of Special Meeting of August 9 1990, be approved as submitted. Seconded by Councilmember Rossbach. Ayes - all. 3. Minutes of Special Meeting of August 20, 1990 Councilmember Zappa moved to approve the Minutes of Special Meeting of August 20. 1990. as submitted. Seconded by Councilmember Carlson. Ayes - all. 4. Minutes of Meeting No. 90-18 (August 16, 1990) 1 9-10-90 Councilmember Zappa moved to~vrove the Minutes.. of Meeting No. 90-18 (August 16. 1990) as submitted. Seconded by Mayor Bastian. Ayes - all. 5. Minutes of Meeting No. 90-19 (August 27, 1990) Councilmember Zappa moved to approve the Minutes of Meeting No. 90-19 (August 27. 1990) as submitted. Seconded by Mayor Bastian. Ayes - all. D. APPROVAL OF AGENDA Councilmember Rossbach moved to aonrove the Agenda as amended: 1. Parks 2. Health Insurance Premiums 3. Mayor's Update 4. Wetlands Seconded by Councilmember Juker. Ayes - all. E. CONSENT AGENDA Councilmember Zappa moved. Seconded by Councilmember Rossbach. Ayes - All, to ~orove the Consent Agenda as amended: 1. Approval of Claims Approved the claims as follows: ACCOUNTS PAYABLE: $ 370,448.38 Checks 10454 thru 10821 Dated 8-20-90 thru 8-31-90 S 83.543.90 Checks 7124 thru 7321 Dated 9-10-90 $ 453,992.28 Total per attached voucher/check register PAYROLL: $ 195,049.67 Payroll Checks 2 9-10-90 S 10.253.83 Payroll Deductions $ 205,313.50 Total Payroll $ 659,305.78 GRAND TOTAL 2. Renewal of Insurance Contracts Approved that the existing one-year contracts for employee insurance be renewed with Group Health, Physicians Health Plan, Employee Plan, School's Insurance Fund and Commercial Life. 3. Budget Transfer: City Hall and Public Works Maintenance Building Approved the budget transfer of $5,900.00 from the General Fund contingency account, 101-119-000-4910, to accounts 101-504-000-4410 - ($2,900) and 101-110-000-4410 ($3,000) to cover the repair and maintenance expenses for the remainder of 1990. 4. Final-Acceptance, Brooks Avenue Watermain, Project 88-08 Resolution No. 90-9-149 WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered made Improvement Project 88-OS and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 88-08, Change Order Three. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the Mayor and City Clerk are hereby authorized and directed to modify the existing contract by executing said Change Order Three in the amount of $ (-)356.46. Resolution No. 90-9-150 WHEREAS, the City Manager for the City of Maplewood has determined that Brooks Avenue Water Main--Hazelwood to Germain, City Project 88-08 is complete and recommends acceptance of the project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that City Project 88-08 is complete and maintenance of these 3 9-10-90 improvements is accepted by the City. Release of any retainage or escrow is hereby authorized. 5. Youth Basketball Donation Approved a budget adjustment increasing estimated revenues by $500 and increase budgeted expenses in Account 101-603-268-4640 by $500, and a letter of appreciation be sent to the East Twins Babe Ruth League. 6. Budget Adjustment: Youth Dance and Gymnastics Approved an increase in estimated revenues of $1180.00 and increase budgeted expenses in Accounts 101-603-205-4530 and 101-603-210-4530 by $590.00 each. ($1180.00) 7. Joint Resolution of Appreciation Resolution No. 90-9-151 WHEREAS, Roger Anitzberger became a member of the Community Design Review Board of Maplewood on June 13, 1988, and has served faithfully in that capacity; WHEREAS, he has freely given of his time and energy, without - compensation, for the betterment of the City of Maplewood; and WHEREAS, he has shown sincere dedication to his duties, and has consistently contributed his leadership and effort in many ways for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and the citizens of the City, that Roger Anitzberger is hereby extended our heartfelt gratitude and appreciation for his dedicated service, and we wish him continued success in the future. 8. Budget Adjustment: Building Inspections Approved a budget adjustment increasing building revenues and fees for service (building inspections) by $49,300. 9. Surveyor's Certificate of Correction: Gonyea's 3rd Addition 4 9-10-90 Approved the following correction to Gonyea's 3rd Addition: The legal description of the property in the dedication should be as follows: All that part of Lots 1, 5 and 6, Highwood Heights, lying east of a line that runs from a point on the north line of said Lot 1 that is 20 feet east of the northwest corner of said Lot 1, thence southerly to the southwest corner of the east half of said Lot 6, except the north 295 feet of said Lot 1. Together with that part of the vacated 15 foot alley adjacent to said Lots 1, 5 and 6 lying between the easterly extensions of the south line of said Lot 6 and the south line of the North 295 feet of said Lot 1. F. PUBLIC HEARINGS 1. 7:00 P.M., Code Amendment: Community Design Review Board Policies (1st Reading) a. Mayor Bastian convened the meeting for a public hearing regarding the proposal placing the Community Design Review Board's design policies into ordinance form. b. Manager McGuire presented the staff report. c. Director of Community Development Olson presented the specifics of the proposal. d. Mayor Bastian called for proponents. None were heard. e. Mayor Bastian called for opponents. None were heard. f. Mayor Bastian closed the public hearing. g. Councilmember Juker moved to table this item until the first meetine in November and refer the proposal to the Communit~Design Review Board for further investigation. Seconded by Councilmember Zappa. Ayes - all. 2. 7:15 P.M., 2708 Minnehaha Avenue (McDonalds) a. Plan Amendment (4 Votes) b. Rezoning (4 Votes) c. Conditional use Permit 5 9-10-90 1. Mayor Bastian convened the meeting for a public hearing regarding the McDonald's Corporation is requesting the following for the adjoining property to the west (2708 Minnehaha Avenue). 1. A Comprehensive Alan amendment from RH (high density residential) to SC (service commercial.) 2. A rezoning from R-1 (single-dwelling residential) to BC (business commercial.) 2. Manager McGuire presented the staff report. 3. Director of Community Development Olson presented the specifics of the three requests individually. 4. Commissioner Will Rossbach presented the Planning Commission report. 5. Mr. Tim Baylor, representing McDonald's Corporation spoke on behalf of the proposal and requested the property be zoned to BC. 6. Mayor Bastian called for persons who wished to be heard for or against the proposal. The following were heard: Mr. C. Schipp, 2707 Margaret, concerned about proper screening of his property. 7. Mayor Bastian closed the public hearing. 8. Councilmember Zappa moved to aovrove the Plan Amendment for the entire property. from LH to LBC. Seconded by Councilmember Rossbach. Mayor Bastian called for a five minute recess. Mayor Bastian reconvened the meeting at 8:30 P.M. 9. The applicant's representative, Mr. Tim Baylor, asked that the proposal be tabled. 10. Councilmember Juker moved to table the three nrouosals until the Sevtember 24 1990 Meeting to allow apolicant to negotiate with the owners. Seconded by Councilmember Zappa. Ayes - all. 6 9-10-90 3. 7:35 P.M., Conditional Use permit Renewal and Revision: 1285 Cope Avenue (Englewood Shops) a. Mayor Bastian convened the meeting for a public hearing regarding the revision and renewal of the Conditional Use Permit at 1285 Cope Avenue, known as Englewood Shops. b. Manager McGuire presented the staff report. c. Director of Community Development Olson presented the details of the proposal. d. Commissioner Will Rossbach presented the Planning Commission report. e. Andrea Carty, Attorney representing BBD Investments, spoke on behalf of the Conditional Use Permit. _ f. Mayor Bastian called for persons who wished to be heard for or against the proposal. The following were heard: Roger Franz, 1282 Cope, stated the lighting of the center is too bright and that the dumpster is in the parking lot, not located where it should be. Keith Carlson, representing Brooks Store. g. Mayor Bastian closed the public hearing. h. Councilmember Rossbach introduced the following resolution and moved its adootion: 90 - 9 - 152 WHEREAS, the City of Maplewood initiated a hearing to revise the conditional use permit for a convenience center with gas. WHEREAS, this permit applies to 1285 Cope Avenue. The legal description is: Plat 03092 Clifton Addition, Ramsey Co., Minn. Subj to Hwy 36; Vac St Accruing & fol; Ex the W 379 ft MOL, Blk 18 and 7 9-10-90 Plat 03092 Clifton Addition, Ramsey Co., Minn. Subj to St & Ex Part of Lots 19 thru 25 Beg on N L of Blk 13 & 379.61 ftEofNWCorofLotl6ThS 29 Deg 14 Min W 117.56 ft to St as Opened in Doc 2021912 Th NW to N L of Sd Blk 13 Th E to Beg; Vac Alley Accruing & Part Lying NEly of NE Line of Sd St as Opened in Doc 2021912 of Blk 13 WHEREAS, the history of this conditional use permit is as follows: 1. The Planning Commission discussed this application on August 21, 1990. They recommended to the City Council that said permit be approved. 2. The City Council held a public hearing on September 10, 1990. City Staff published a notice in the paper and sent notices to the surrounding property owners as required by - law. The Council gave everyone at the hearing a chance to speak and present written statements. The Council also considered reports and recommendations of the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described conditional use permit for the following reasons: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 8 9-10-90 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of an incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction must be in accordance with the site plan, date-stamped August 9, 1989. The Director of Community Development may approve minor changes. The City Council may approve major changes. 2. The right-turn lane proposed along English Street shall be subject to the City Engineer's approval. 3. The applicant shall restripe English Street, and widen it if necessary, to provide a left-turn lane for west-bound Highway 36, subject to the City Engineer's approval. 4. The owner shall replace all required landscaping that dies and maintain irrigation system. 5. Gas sales shall be limited to two dispensers on one island. There shall be no vehicle repair or maintenance. 6. The shopping center shall not be open between the hours of . 10:00 P.M. and 7:00 A.M., except for the existing convenience store and gas sales. 7. There shall be no temporary or permanent outside storage or sales, except fuel. 9 9-10-90 8. The City Council shall review this permit in six months, based on the procedures in City Code. 9. The developer shall reduce the brightness of the lighted wall panels to a level acceptable to the City. Seconded by Mayor Bastian. Ayes - Mayor Bastian, Councilmembers Carlson, Rossbach & Zappa Nay - Councilmember Juker. G. AWARD OF BIDS 1. Condor Storm Sewer, Project 86-01 a. Manager McGuire presented the staff report. b. Director of Public Works Haider presented the specifics of the bids. c. Councilmember Zappa introduced the following resolution and moved its adoption• 90 - 9 - 153 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Brown and Cris, Inc., in the amount of $168,013 is the lowest responsible bid for the construction of Condor Storm Sewer at Londin Lane and Dorland Road South, City Project 86-01, and the Mayor and Clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. FURTHERMORE, the project budget is amended to $212,000, and the project financing is amended as follows: Assessment recovery $133,685.60 General obligation funding 78.314.40 Total $212,000.00 Seconded by Councilmember Carlson. Ayes - all. H. UNFINISHED BUSINESS 1. Ordinance 10 9-10-90 a. Manager McGuire presented the staff report. b. Councilmember Juker introduced the following ordinance and moved its adoption• ORDINANCE N0. 669 AN ORDINANCE AMENDING THE MAPLEWOOD CODE PERTAINING TO COMPENSATION FOR ELECTED OFFICIALS 'i Section 1. Section 2-23 is hereby amended as follows: Section 2-23 Compensation. Pursuant to Section 415.11(1) of Minnesota Statutes, the salary of the Mayor is hereby established at Seven Thousand Five Hundred Dollars ($7,500.00) per year, payable in bi-weekly installments and the salary of each member of the Council is established at Six Thousand Six Hundred Dollars ($6,600.00) per year, payable in bi- weekly installments effective January 1, 1991, and thereafter the Mayor's salary and the salary of each Councilmember shall be adjusted annually based on;a change in the cost of living. Such adjustment shall be based on the cost-of-living index published by the Department of Labor. Such adjustment becomes effective and automatic on the first of January of the year for which it is made. Section 2. This ordinance shall take effect upon its passage and publication. Seconded, by Councilmember Rossbach. Ayes - all. 2. Southlawn/I-694 Bridge a. Manager McGuire presented the staff report. b. Director of Finance Faust explained the possible funding alternatives. c. Manager McGuire stated he and Director of Public Works Haider had met _ with White Bear Lake and they had indicated they could hold a public hearing regarding the construction of abridge but were not agreeable to participating in the cost. d. Mr. Robert Hajicek, 1700 E. County Road D, questioned how this would affect his property. e. Mr. Ken Bower, 1765 E. County Road D, owner of the property in question, expressed his concerns. 11 9-10-90 f. Councilmember Zappa moved to accent the staff recommendation and take the following actions: 1. Approval of the resolution which authorizes the acquisition of property for the project. 2. Appropriation of $10,000 in the Tax Increment No. 2 Fund for the legal costs associated with the purchase of the property for the project. 3. Approval of the attached resolution ordering preparation of a feasibility study at a cost of $40,000. Seconded by Councilmember Carlson. Ayes - Councilmember Zappa. Nays - Mayor Bastian, Councilmembers -Carlson, Juker and Rossbach. Motion failed. g. Councilmember Rossbach moved to take no action and directed staff to research other possible alternatives. Seconded by councilmember Juker. Ayes - all. 3. Assessment Appeals, County Road C, White Bear Avenue to Ariel, Project 86-25 a. Manager McGuire presented the staff report. b. Councilmember Zappa moved to accept the staff recommendations as follows: Parcel 02-29-22-34-0001 - $12,452.32, Delores L. Ethier request for adjustment is denied. Parcel 11-29-22-21-0012 - David and Patricia Trepanier request for cancellation of assessment is approved based on the findings that there is no benefit to the property. Seconded by Councilmember Juker. Ayes - Mayor Bastian, Councilmembers Carlson, Juker and Zappa. Nay - Councilmember Rossbach. 4. Assessment Appeals - Gervais Avenue Project 88-14 12 9-10-90 a. Manager McGuire presented the staff report. b. Mayor Bastian moved to reopen the assessment hearing to hear new facts. Seconded by Councilmember Rossbach. Ayes -all. c. Dick Galera, Attorney for Donald Regan Properties, spoke on behalf of reducing or adjusting the proposed assessment. d. Councilmember Zappa moved to denv the request of Donald Regan (Parcel No 10-29- 22-32-0003, Parcel No. 10-29-22-32-00041 and Trunk Utilities and Mfg. Inc (Parcel No. 10-29- . 22-32-0002) for adjustment to the Gervais Avenue Project 88-14 assessments and staff pursue the matter of collectine the assessment charge to the State of Minnesota. Seconded by Councilmember Carlson. Ayes -all. 5. Assessment Hearing, Southlawn Drive, Beam Avenue to County Road D: Project 85-17 a. Manager McGuire presented the staff report. b. Councilmember Zappa moved to table this item for two weeks (Meeting September 24, 19901 for further research. Seconded by Councilmember Rossbach. Ayes -all. 6. Highwood/McKnight Outlet, Project 90-10. a. Manager McGuire presented the staff report. b. Councilmember Zappa moved to order the ~roiect. Seconded by Councilmember Rossbach for discussion purposes. Councilmember Zappa withdrew his motion. c. Councilmember Zappa moved to table this matter until the Meefine of October 8. 1990, to allow for further study. Seconded by Councilmember Juker. Ayes -all. 7. Charitable Gambling Ordinance a. Manager McGuire presented the staff report. 13 9-10-90 b. Director of Public Safety Collins presented the specifics of the proposed ordinance. c. The following persons expressed their opinions: Gerald Hansen, 2783 Howazd Street (Board Member of MAA). He stated the ordinance should be written to allow other organizations to be included. Dan Colbert, President of the North St. Paul Hockey Booster Club -open gambling to all of District 622. Greg Moss, 2137 Prosperity, stated ordinance should remain as submitted. d. Councilmember Zappa introduced the following ordinance and moved its adoption: ORDINANCE NO. 670 AN ORDINANCE REGULATING LAWFUL GAMBLING Sec. 15-34. In General. Lawful gambling conducted pursuant to Minnesota Statutes, Chapter 349, shall be operated in accordance with the conditions prescribed in this ordinance and other applicable provisions of the Maplewood ordinances. Authorized forms of gambling. All forms of lawful gambling may be approved by the City Council subject to the terms and conditions of this ordinance and all provisions of Statute 345. Sec. 15-35. Notice; Approval or Disapproval. The Minnesota Lawful Gambling Board shall notify the City Council in writing in the manner required by law of each pending application for. a lawful gambling license at least sixty (60) days before issuing or renewing the license. Each pending application for a license shall be approved or disapproved by resolution of the City Council. Sec. 15-36. Location. Lawful gambling under license issued by the Minnesota Lawful Gambling Control Boazd maybe conducted only at the following locations: 14 9-10-90 (a) In the licensed organization's hall where it has its regular meetings. No organization shall rent, lease, or occupy, directly or indirectly, any other property for the purpose of conducting gambling, except an on-sale establishment as permitted in this ordinance; (b) In licensed on-sale liquor, wine, and beer establishments; (c) Notwithstanding subsections (a) and (b) above, (raffle only) licenses may be approved for any proper location; (d) No location shall be approved for gambling unless it complies with the applicable zoning, building, fire, and health codes of the City of Maplewood. Sec. 15-37. Conditions. The conduct of lawful gambling under license issued by the Minnesota Lawful Gambling Control Board shall be subject to the following conditions in the City of Maplewood: (a) No sale, consumption, or possession of liquor, wine, or 3.2 beer shall be permitted during gambling conducted by a licensed organization, except as permitted under a valid on-sale liquor, wine, or 3.2 beer license or a bottle club permit; provided further that no sale, consumption, or possession of liquor, wine, or 3.2 beer shall be permitted in the room where a bingo session is taking place; (b) No organization shall be eligible for a gambling license unless, for the three (3) years immediately preceding the date of application, it has had an office,m holds regular monthly meetings in the City of Maplewood, has 15 active members, and demonstrates that during that period it has performed substantial services within the City of Maplewood or on behalf of residents of Maplewood; (c) No organization shall hold more than one (1) gambling license for any location in the City of Maplewood except an organization that holds a gambling license for its own building may hold one (1) additional gambling license for any location in the City of Maplewood; (d) Before any person may serve as gambling manager for any organization licensed to conduct gambling in the City of Maplewood, that person must have satisfactorily completed a course of instruction conducted by the Minnesota Lawful Gambling Control Board on the duties and responsibilities of the gambling manager. Sec. 15-38. Investigation. 15 9-10-90 Every organization which files an application for issuance or renewal of a lawful gambling license shall deliver the application to the City Clerk. The City Clerk and the... Police Department designee shall investigate each application and report their findings _ and recommendations to the City Council. A copy of the resolution approved by the City Council will be made available to the license applicant. Sec. 15-39. Permits for Exempt Organizations under Minnesota Statutes Section 349.214. Every organization seeking to conduct lawful gambling which is exempt from state licensing under Minnesota Statutes, Section 349.214, shall obtain a permit issued by the City Council, subject to the following conditions: (a) The organization shall pay a permit fee of fifty dollars ($50.00) per day; (b) Permits for all classes of gambling activities may be approved; (c) Lawful gambling by an organization exempt from licensing under Minnesota Statutes, Section 349.214, may be conducted on the premises of a licensed on-sale liquor, wine, or beer establishment or a bottle club subject to the restrictions in this chapter relating to the conduct of gambling in on-sale establishments and bottle clubs; (d) Except as provided in subsection (c) above, the sale, consumption, and possession of intoxicating liquor at a gambling event by an exempt organization shall be prohibited, however, 3.2 beer may be served and consumed only under a valid temporary on-sale beer license; (e) The organization shall comply with all statutory requirements for an exempt organization, including the thirty (30) day notice requirement to the City of Maplewood. The City Council, when granting a permit to an exempt organization, may waive the thirty (30) day notice requirement. Sec. 15-40. Filing of Records; Inspection; Access to Records. (a) Every organization licensed to conduct gambling in the City of Maplewood shall file with the City Clerk and Director of Public Safety copies of all records and reports required to be filed with the Minnesota Lawful Gambling Control Board pursuant to Minnesota Statutes, Chapter 349, and the rules and regulations promulgated thereunder. The records and reports shall be due at the same time they are due to the board; (b) Every gambling event in the City of Maplewood conducted by an organization under Minnesota Statutes, Chapter 349, shall be open to inspection by officers of the Maplewood Police Department; 16 9-10-90 (c) Employees of the Maplewood Police Department may inspect, at any reasonable time without notice or search warrant, all records of a licensed organization, including gambling account and other bank records, required by the Minnesota Lawful Gambling Board to be maintained and preserved. Sec. 15-41. Lawful Gambling at On-Sale Establishments. Lawful gambling at on-sale liquor, wine, and 3.2 beer establishments shall be conducted in compliance with the following regulations: (a) Only licenses for lawful gambling and raffles may be issued, except where the licensed gambling organization also holds the on-sale liquor, wine, or 3.2 beer licenses for the premises, in which case any gambling license may be issued; (b) On-sale establishments shall be limited to one licensed gambling organization at any one time in the licensed premises and any rooms adjoining the premises under the same management. No lease shall be made with one organization while another lease is in effect for the same on- sale establishment; (c) Every agreement between a non-profit organization and an on-sale premises for gambling shall be in the form of a written lease. The written lease shall be the complete agreement between the parties, and there shall be no unwritten terms or conditions. The lease shall specifically provide that the lessee shall operate only after issuance of a license and shall be subject to the terms of this ordinance; (d) A copy of any lease agreement between a non-profit organization and an on- sale licensee shall be filed with the City Clerk and the Director of Public Safety with the gambling license application; (e) A lease agreement between a non-profit organization and an on-sale establishment shall not provide for rental payments based on a percentage of receipts of profits from lawful gambling. There shall be no other compensation paid to the on-sale establishment, directly or indirectly, other than the rental fee provided in the lease agreement. The maximum rental fee shall be six hundred dollars ($600.00) per month or $24 per square foot of leased premise, whichever is less. (f) All gambling shall be conducted from a booth or other area properly segregated from the rest of the licensed premises. The physical layout of 17 9-10-90 the area set aside for gambling shall be subject to the approval of the Maplewood Police Department; (g) The gambling booth shall be constructed and maintained by the organization licensed to conduct gambling and shall be under the exclusive control of that organization. The organization licensed to conduct gambling shall prominently display its name and license number at its gambling booth and shall indicate that all profits from gambling are for the benefit of the organization; (h) No employees or agents of the on-sale establishment shall handle gambling devices, gambling money, prizes, or gambling records, nor shall they record winners, replays, or free games, nor shall they otherwise conduct, or assist the licensed gambling organizations in conducting the gambling operation; (i) No person shall be jointly employed by both the non-profit organization and the on-sale establishment: (j) The gambling booth shall be separate from the liquor service bar. No gambling shall be conducted from the liquor service bar; (k) The organization licensed to conduct gambling shall have exclusive control over all gambling devices, money, and records. Whenever the organization is not present, all gambling devices, money, and records shall be securely locked and shall be inaccessible to employees of the on-sale establishment. (1) No gambling funds shall be commingled with funds of the on-sale establishment. (m) No food, drink, or entertainment discounts or other promotions shall be offered in conjunction with the sale of gambling devices or chances; (n) The on-sale establishment shall allow the organization to conduct gambling at any time during its lawful business hours and shall prohibit gambling at any time other than its lawful business hours; (o) The on-sale licensee shall make no agreements with any gambling equipment distributor requiring the use of his or her gambling equipment in the establishment; (p) Subsection 15-41 (f), (g), (h), (i), (j and (k) shall not apply when the licensed gambling organization is also the holder of the on-sale license for the establishment where the gambling is conducted; 18 9-10-90 (q) The City Council may disapprove a gambling license application for an on- sale establishment in which gambling violations have previously occurred. :Sec. 15-42. Local Gambling Tax. (a) There is hereby imposed a tax on all lawful gambling conducted in the City of Maplewood by organizations licensed by the Minnesota Lawful Gambling Control Board at the rate specified in this section; (b) An organization's receipts from lawful gambling that is exempt from licensing under Minnesota Statutes, Section 349.214, are not subject to the tax imposed by this section; (c) On all lawful gambling, the tax is ten (10) percent of the net receipts of a licensed organization from lawful gambling less prizes actually paid out, payable by the organization; (d) The ten (10) percent net receipts tax imposed by this section shall be paid to a fund administered and regulated by the City, without cost to the City, for disbursement for lawful purposes on a monthly basis and shall be reported on a duplicate copy of the gambling tax return filed with the Minnesota Lawful Gambling Control Board each month. The report shall be an exact duplicate of the report filed with the Minnesota Lawful Gambling Control Board, without deletions or additions, and must contain the signatures of organization officials as required on the report form. The tax return and payment of the tax due must be postmarked or, if hand- delivered, received in the office of the Maplewood Finance Director on or before the last business day of the month following the month for which the report is made. An incomplete tax return will not be considered timely filed unless corrected and returned by the due date for filing. Delays in the mailing, mail pickups, and postmarking are the responsibility of the organization. The tax return and tax payment shall be delivered to: Finance Director City of Maplewood 1830 E. County Road B Maplewood, Mn. 55109 Checks shall be made payable to: City of Maplewood 19 9-10-90 (e) There shall be an interest charge of eight (8) percent per annum on the unpaid balance of all overdue taxes owed by an organization under this section; (f) The City Council shall disapprove any pending application for renewal or original issue of a lawful gambling license for any organization which owes delinquent gambling taxes to the City of Maplewood. Further, the Director of Public Safety may notify the Minnesota Lawful Gambling Board of any organization owing delinquent gambling taxes to the City of Maplewood and may request that the board revoke or suspend the organization's license during the license year. The City Council shall not issue or renew any on-sale or off-sale alcoholic beverage license, bottle club permit, or food. license to any organization which owes delinquent gambling taxes to the City of Maplewood. The above remedies are not exclusive and shall be in addition to any other powers and remedies provided by law. Seconded by Councilmember Juker. Ayes - Councilmembers Carlson, Juker, Rossbach and Zappa. Nay - Mayor Bastian. I. NEW BUSINESS 1. Used Car License: 1908 Rice Street a. Manager McGuire presented the staff report. b. Jerry Anderson, applicant, spoke on behalf of keeping his business open. c. Councilmember. Zappa moved to table for two weeks (September 24. 1990) and direct staff to learn from Mr. Anderson what time schedule he is planning to correct the violations: and directed Mr. Anderson to removed the damaged vehicles from his lot immediately Seconded by Mayor Bastian. Ayes - all. Councilmember Juker moved to suspend the Rules of Procedures and extend the meeting until 11:00 P.M. Seconded by Councilmember Zappa. Ayes - all. 2. City Hall, Open House 20 9-10-90 a. Manager McGuire presented the staff report. b. Councilmember Zappa moved to establish Monday. October 29. 1990. 4:00 P.M. to 8:00 P.M. as the date for the open house for the addition to City Hall. The following activities for the event would include: 1. A small instrumental or vocal group from Tartan High School to perform every hour. 2. A special video tape titled "Maplewood City Hall Renovation and Addition". 3. Refreshments - coffee, punch and cookies. 4. Guided tours by department heads. 5. Updated informational booklets about the City and the various departments, commissions, and boards. 6. A presentation in memory of Mayor Norm Anderson. Seconded by Mayor Bastian. Ayes - all. 3. City Hall Update a. Director of Public Works Haider presented the update for the addition to City Hall. He recommended that Payment Requests 9 and 10 be paid. b. Councilmember Zappa moved that Payment Requests 9 and 10 in the amount of 534,009.87 be paid to the contractor. Seconded. by Mayor Bastian. Ayes - all. J. VISITOR PRESENTATIONS - 1. Mr. Stan Yocum a. Mr. Yocum, along with five individuals, own Southwinds of Maplewood 2nd Addition 15.6 acres, stated the density ordinance recently approved by Council will be detrimental to their development. b. Council directed Mr. Yocum to follow the normal procedures. 2. Glen Bloom, 2451 Barclay 21 9-10-90 a. Mr. Bloom stated his objections to the development of Harvest Park. b. Council stated this will be discussed October 8, 1990, under New Business. K. COUNCIL PRESENTATIONS 1. Parks a. Councilmember Zappa stated there should be additional review of park plans. 2. Health Insurance Premiums a. Councilmember Carlson questioned on how to deal with increases in health insurance premiums. b. Council directed the Manager to submit a copy of cost comparison table and discuss this on Thursday Evening. 3. Mayor's Update a. Mayor Bastian stated there will be an elected officials' meeting on Wednesday night at 4:30 P.M. and Councilmember Rossbach will attend. b. Special City Council meeting Thursday, September 13, 1990, at 6:00 P.M. to discuss Police Study, Water Contract, etc. c. A.M.M. approved an amendment to hire the person and raise the dues. 4. Wetlands a. Mayor Bastian. stated Abra was parking cars on the wetland protected area again. b. Staff will research conditions of their permit. c. Mayor Bastian moved to place Wetlands ordinance change on the 2nd meetinP in October. Seconded by Councilmember Zappa. Ayes - all. 5. L.R.T. 22 9-10-90 a. Mayor Bastian asked who was the representative on the L.R.T. Committee. b. Councilmember Zappa was appointed. 6. November 12, 1990 Meeting a. Mayor Bastian stated the scheduled 1st meeting of November is a holiday and directed the Manager to research dates and report back. L. ADMINISTRATIVE PRESENTATIONS None. M. ADJOURNMENT 11:05 P.M. City Clerk 23 9-10-90