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