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-2- G R7, q �G (.lotion by Councilmember Enrooth and seconded by Councilmember Makowske to approve payment of S1 ,825 to the Edward J. Hance firm for services related to prosecutions from April 3 through May 7, 1986. Motion carried unanimously. Motion by Councilmember Makowske and seconded by Councilmember Marks to approve pay- ment of S506.84 to Briggs & Morgan for legal services during April related to the City's water contamination suit against the U.S. Army et al . Motion carried unanimously. Rick Werenicz reported the recommendations from the Planning Commission as reported in the minutes of their May 20, 1986 meeting. The Council had been provided the same documentation related to these actions as had been provided at that meeting and in each case accepted the Commission's unanimous recommendation of approval as follows: Motion by Councilmember Ranallo and seconded by Councilmember Marks to grant a. con- ditional use permit for the rental of video tapes and equipment to the Apache Country Store at 2508 - 38th Avenue N.E. under the following conditions established for businesses of this type: 1 . There would be no viewing of tapes in the store, except for the bona fide demonstration of tapes and no viewing visible from outside the store; 2. The proprietors must comply with all state laws relating to obscenity and to any • ordinance of the City of St. Anthony thereafter relating to obscenity. 3. Conviction of the owner or any of the employees of the owner for violation of obscenity laws in the operation of the store would be grounds for revocation of this permit by the City Council . In granting this permit, the Council , as did the Planning Commission, finds that: 1 . All three questions in the application which are required by statute to be answered affirmatively had been done so by the applicant and accepted by the Planning Commission and Council ; 2. Similar permits had been granted to five other St. Anthony businesses prior to this request; and 3. No objections to the permit had been expressed before or during the May _20th Planning Commission hearing or Council consideration May 27, 1986. Motion carried unanimously. Jim Peltier, Assistant Manager of the Country Store, was present but did not speak. Motion by Councilmember Marks and seconded by Councilmember Enrooth to grant a five foot variance to the City ordinance requirement of 25 foot rear yard setbacks for the construction of the home and attached garage as proposed by James Nesser and • .Cheryle Clancy at 2801 St. Anthony Boulevard, finding, as did the Planning Commission, that: