HomeMy WebLinkAboutPL PACKET 11171987 Meeting Sheet .
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Document: PL PACKET 11171987
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C 2 Z'Y ®F. S T _ ANTHONY
P L ANN 2 N G COMM 2 S S 2 0N. AGENDA
NOVEMEEI2• -L 7 1 9 8 7
7 = 30 P _ M _
1 . Call to Order.
2 ._ Roll. Ca-11.
3 . Minutes .
a. September 15 , 1987 .
b. November 4 , 1987 .
4 . Designate Commission Representative to the Council Meeting
on November 24 , 1987 .
5 . Public Hearings .
• a. 7 : 35 P.M. - Mickey D' s Restaurant, 2905 Kenzie Terrace;
request for a sign variance.
b. 7 : 50 P.M. - Rapid Oil Change, 3701 Silver Lake Road;
request for a sign variance.
6 . New Business.
a. American Monarch - Concept Review.
7 . Adjournment.
•
• C= TY O F' S T e ANTHONY
PL,AN�73�NG COMM= SSION M=NUTES
SEPTEMBER 1 S , 3- 987
1 The meeting was opened at 7 : 35 P.M. with the Pledge of Allegiance
2 led by Chair Franzese..
0
3 Present for roll call: London, Wingard, ..Franzese, Werenicz ,
4 Madden.
5 Absent: Wagner , Hansen.
6 Also present: David Childs , City Manager.
7 AUGUST 18 , 1987 PLANNING.- COMMISSION- MINUTES
8 Motion by Madden, seconded by Wingard to approve with the following
9 changes:
10 Page 1 , line 1 : Indicate the meeting was opened -with the
11 Pledge of Allegiance.
12 Page 5 , line 3 : Substitute "Foss Road" for "Chandler Drive. "
03 Motion carried unanimously.
14 LONDON TO REPRESENT COMMISSION AT SEPTEMBER 22ND COUNCIL MEETING
15 Steve London agreed to report the minutes of that evening' s meeting
16 at the above.
17 PUBLIC HEARINGS
18 Commission Recommends Council Not. Amend . Ordinance for Second
19 Caretaker Unit in- Mini-Warehouse- Facility
20 The Commission had. postponed . action. on the:-above request at their_
21 August 18th meeting after the applicants had - indicated.- they could...
22 not be present :for the public hearing on the above request that
23 evening.
24 Application: from Ken Solie of village Properties,, 2916 Pentagon
25 Drive for- an amendment. of the- City - Zoning Ordinance
26 as it relates to mini-warehouse facilities in a
27 Light Industrial Dis.trict. to allow two rather than
28 one caretaker units in such facilities.
29 ' Staff - report: Child's reiterated the advice he had given the Com-
30 . mission _in his 14-th memorandum that the hear-
61 ing purpose was only for them to make recommenda-
32 tions to the Council related- to changing the Ordin-
33 ance to allow two rather than one caretaking units
34 in a mini-warehouse facility;
35
1
1 added that if the Ordinance is so. amended, another
2 hearing would be scheduled to consider the condi-
3 tional use permit which could then be issued for the
4 second unit;
5 pointed out that there was only one mini-warehouse
6 facility in St. Anthony and .that at one time• before
7 he came to the City, one caretaking unit had been
8 specifically approved for that facility;
9 read aloud the current language in the Ordinance as
10 included in his memorandum;
11 reported the property had been sold by Bernard Blan-
12 ske about a year ago to Ken Solie and Jerry Cowan,
13 who make up the Village Properties partnership who
14 are now asking permission to convert the unit which
15 had been originally designed for office space on
16 the second floor to an additional dwelling unit for
17 an assistant caretaker;
18 reported the applicants had agreed to work with
19 Larry Hamer to bring the unit up to code for that
20 purpose if the Ordinance is amended and they are
21 granted a conditional use permit to do that;
22 said he didn' t think the City had been aware that
23 Mr . Blanske had been usina the office space for
24 living quarters whenever he was in town; and
25 reiterated that only the general public had been
26 notified of the hearing on the Ordinance amendment
27 by notice in the August 5th Bulletin;
28 said if a hearing is scheduled on -a' conditional- use .
29 permit, the general public as well as all property
30 owners within 350 feet of the facility would again ...
31 be notified by legal publication and mailings to
32 those property owners;
33 told the Chair he would guess having more than one
34 caretaker unit in this type of facility would be
35 unusual and, in fact , said he perceived many mini-
36 warehouses , because they are fenced in and locked up
37 for a certain number of hours each day, do not have
38 caretakers living on the premises.
39 Proponent: - Ken Solie, 2817 Silver Lane, disagreed with this
40 presumption, saying he believed most mini-storage
41 facilities have at least one caretaker unit and the
42 majority of them are rather heavily fenced -in
43 which is: not -the case in St. Anthony where his •
2
• 1 ,facili.ty. • is open -to -the-. street and has a rather .
2 general access to it;
3 reported the building has to -be unlocked at 6:00 .
4 A.M. and docked up again at 10 : 00 P.M. on d day-to-
5 day basis and the caretakers have to be available 24
6 hours a day; seven days a week to rent the vacant
7 - units , take rental payments. and. provide security for
8 the units;
9 said it is very difficult for the couple who live in
10 the caretaker unit to be available for all .those
11 hours and he was proposing the office space be made
12 available for living quarters for an- assistant care-'
13 taker who could provide the same services on week-
14 ends when .the regular caretakers would not be avail-
15 able;
16 perceived the 250 square foot office space could be
17 brought up to code and converted to an efficiency
18 apartment with very little work if his firm decides
19 to use the space for this purpose;
20 -reported his - firm' s assumption that, since Mr.
21' Blanske was using the office for living quarters,
2 there would be no objections to continuing that -use,
3 had led to Village Properties ' renting the unit to
24 the woman who would be vacating the premises at the
25 end of the month now that Mr. Hamer had informed
26 them this was a non-conforming use of the unit;
27 confirmed that the current renter had not served as
28 caretaker;
29 During his discussion of his proposal with the Commissioners, Mr.
30 Solie:
31 *told Commissioner London this facility differed greatly from
32 other types of mini-storage facilities which are heavily
33 fenced in and locked from the general public during all times
34 except the normal business hours when the facility would be
35 open for tenant access and collection of rents and renting of
36 vacant units;
37 *said because the same level of protection is not provided -for
38 the St. Anthony facility, he perceived there was a need to
39 have a "caretaker/watch person? on the site at all times to
40 provide security for the property, those who use- .the.. storage
41 units , and the neighborhood;
42'. *indicated the assistant caretaker would be compensated. by
043 free rent in .space already available which, he believed,
3
I after making *_he, initial outlay -to convert-, the .-office to a •
2 ,:. dwelling; would- be much cheaperin the long:;run, ..than for
3 his firm to spend .$6 ,000 to partially fence ..the facility in
4
5 and provide an expensive -automatic- .locking system for the..-.
6 entire facility;
7 *conceded it would ,be ,possible to- fence in the accesses to the
8 units which face the back of the property, but it would not
9 be practical to. fence in the- two units which face 39th .Avenue
10 N.E.. because those are only garage units which exit onto the
11 street;
12 *told the Chair there are 180 units in the facility, and .alth-
13 ough he wasn' t really certain, believed the office was open
14 from 9 :00 A.M. to 6 :00 P.M. , seven days a week or perhaps
15 only from noon to 6 : 00 P.M. on Saturdays;
16 *told Commissioner Werenicz his firm had experienced no
17 security problems like break ins at all since they acquired
18 the property;
19 *conceded it was only for the convenience .of the caretaker
20 couple that he was ,requesting a second caretaker unit;
21 *indicated to Commissioner Wingard that although parking •
22 spaces are not specifically designated as such, there is
23 space for 50 cars to be- parked around the site somewhere : :. .
24 or another;
25 *also said the entrances to the inside units are kept locked;
26 *told Commissioner London he believed it would be impractical
27 to pay- someone to sit in the office for three hours doing
28 nothing and they, to respond from another location for 15 min-
29 utes where his firm could offer free rent in an efficiency
30 - apartment to have that person available when the caretaker
31 couple was gone; .
32 *reiterated that his .-firm "did not consider free rent in a
33 space they already had available, plus the initial outlay to
34 - bring the unit up- to code, could be considered to have a
35 - significant impact on the operation costs for the facility
36 when compared to the $6 , 000 it would cost to fence in only a
37 portion -of the. property and what it would cost to provide .
38 security for the units which could not be' fenced in.
3:9' --Mr. Childs -. said he : understood there had been considerable discus-
4T sion of fencing in the property when• Mr. Blanske had come in to
41 . request the second story and the Commission and Council had not
42'!.: -been too excited about that, prospect because --.of-_ the visual ap- •
43 - • pearance. Commissioner Madden agreed with that statement, . saying
4
• it had been perceived' that. .without fencing it would be- possible for
2 the police to :drive around the building, as they still. -do;: once or
3 twice a night.
4 Chair Franzese reported that - .when Commissioners Hansen and Wagner
5 had called to say they would not be present that evening, .'they had
6 both indicated they would not be in favor of the request because
7- they perceived no real need for-the second caretaker unit.
8 No other persons were present: to provide input to the discussion
9 and the Chair closed the hearing at 7 : 53 ,P.M. for- Commission
10 consideration of a recommendation to the Council.
11 Werenicz indicated he would have a hard time justifying such a
12 drastic step as amending the Ordinance based on one re-
13 quest for an isolated situation where the applicants _
14 perceive the need for security for a facility for which
15 there have never been any security problems.
16 London agreed the amendment was pretty much uncalled for because
17 the request appeared to represent an economic rather than
18 a real need by the applicants;
19 said he could think of other ways of providing security
20 than to allow a live-in unit for that purpose.
4�1 Wingard agreed he perceived this was just an easy way for the
22 owners to rent out'` the unit once they had to conform -to
23 Larry Hamer ' s order to evict the renter who was in there;
24 but indicated he wasn' t really bothered about the unit
25 being rented which seemed O.K. to him.
26 Franzese said she had also recognized this was an economic issue
27 for the applicants ;
28 perceived there were telephone or recording systems which
29 could be used when the caretakers were not available;
30 pointed out that the facility does have regular hours of
31 operation posted which made it hard for her to differ-
32 entiate between - this business ' needs and those of other
33 businesses;,
34 said she thouaht any one who was interested could get in
35 touch with the caretakers during the hours which have .
36 been posted or could leave a note for the caretakers to
37 get in touch with them by telephone when they are there.
38
39 Madden said he lived in the .-same block and- had -perceived the
.40 triplex next door seemed to require more police super-
.41 vision than this building;
5
1 however, he said -because, -there had-:always been '-someone •
F . 2-- living in this unit and because- this was a neighborhood:
3 . which had residential as well as light industrial uses;
4; - . he would certainly have no .obiections to having someone
5 live on the second floor of this building,
6 reported he stores his parents ' belongings in one of the
7 units and -has experienced problems with getting the care-
8 takers on the phone himself because "it is impossible
9 for them to be on duty 24 hours a day. " ;
10 thought having another person or two around the premises
11 might make-'it easier for the tenants to contact the
12 operators of the facility.
13 Mr. Childs said_Mr. Blanske spent a good deal of time in Arizona
14 and he certainly. hadn' t known anything about his living in that
15 unit. The Manager said he couldn' t see where this could be
16 considered a "grandfathered" situation because the unit had been
17 designed for use as an office and not a dwelling.
18 Mr. Solie agreed that the unit had been so designed, but his firm
19 had assumed it could be continued to be used as a living space
20 because that was what Mr. Blanske was using the unit for when they
21 bought the property. He said he thought Mr. Hamer had found out
22 Village Properties was renting the space when he had come to •
23 inspect the property when Mr.. Cowan was there.
. 24 Chair . Franzese said she perceived there had been no problems with -
25 having someone live in the unit, but she perceived there was a
26 conflict in land (use and she wondered if the City would be es-
: 27 tablishing a precedent for such a conflict .in other areas- if they
28 allowed this particular use to remain in a light- industrial zoned -
29 property. She was concerned that the City would be getting
30 requests from property owners in the industrial park to rent out
31 unused portions of their buildings to persons who worked there.
32 She perceived the City might be getting into an area it might not
33 wish to get into at this time.
34 The following response was made to her statements:
35 Madden perceived this to be a different situation altogether
36 because the uses are already mixed in this particular
37 neighborhood. .
. . .38 Childs said he didn' t want to confuse the issue b.ut. wanted to
: ...39 . point out that in. many small towns and even along Central
40 Avenue,., it: was regular . practice to. have. living quarters- .
41 over' store's-.and busi-nesses ;: .
6
91 indicated -no such.. provision had- been made in St. An-
2 ' - thony' s Ordinance.. because-.the, community grew from the
3 start as a re-sidential suburb;
4 said some municipal ordinances ar.e: ".cumulative" to allow
5 any. use which is permitted in a residential district to
6 be used in .a commercial zone and anything which is-
7 allowed in a lower classification to be allowed in -a
8 light industrial zoned area;
9 indicated St. Anthony' s is generally considered to bean
10 "exclusive" Ordinance, which allows only one exclusive -
11 use in each different zoning category, but is hot -com-
12 pletely exclusive because it allows single family homes
13 or duplexes to be built in areas zoned for single .family
14 homes and then imposes exclusive zoning for commercial
15 and light industrial;
16 said he perceived no major problems had been created. by
17 allowing such a mix as long as issues like parking,
18 access, and codes had been- addressed;
19 said he wasn' t certain it would be wrong to allow an
20 _ unused 1 , 000 square feet of space in the back of 'a ware-
21 house to be. used for living space for someone who would
V2 keep an eye on the property for the owner as long as
23 there was adequate parking and access and the space was '
24 brought up to code for that purpose;
25 told Chair Franzese he perceived that whether .that was a
26 good or .bad thing was a value judgment she would have to
27 make in terms of- how she viewed her community and what
28 land uses she thought were right or wrong in different
29 zoning districts .
30 Werenicz indicated he personally perceived, that because Mr . Solie
31 had reported having less vacancies in his property than
32 was the norm, there had been little hardship demonstrated
33 to justify a drastic step like changing -the Zoning
34 Ordinance to improve that business.
35 when the Chair said she perceived the Commission was being re-
36 quested to change the Zoning Ordinance to provide a second resi-
37 dence for a caretaker and yet she wasn 't . hearing that it wasn' t
38 really going to be for a caretaker, Mr . Solie told her that the
39 only purpose for remodeling the unit would. be for use as a second
40 caretaker residence and that his: firm would :not be renting to the
41 genera-1 public now that- they had been made aware that doing so
42 would pose a problem. for the Ordinance.
43 Commissioner Wingard commented that he understood the. Commission
• 44- was only being asked to change the Ordinance to allow two rather
7
1 than :the.'orie' ca-rei taker residence already allowed in this. particular •
2 mini-warehouse, which is the* only , facility of this type -in- St..
3 Anthony:: ' 'He indicated it was . -therefore hard .for .him to. conceive
4 how this. would open the City- to a deluge of similar requests for
5 other types . of .-buildings. - Commissioner Werenicz. responded that he
6 agreed with _the . Chair that the precedent would be established for
7 other types - of businesses to ask �for similar treatment which would
8 favor their own business.
9 Commissioner Madden pointed out that this particular Ordinance had
10 apparently been on the books for at least nine years . Mr. Childs
11 had confirmed that, in the six years he had been with the . City, no
12 business had come in- to him to- ask -for a caretaker residence in
13 their own building because the -precedent for doing- that had .been
14 established with the mini-warehouse facility.
15 The Manager reported he was aware of instances where the code had
16 been enforced and the property owners had not asked. to have.. the
17 Ordinance changed. One of these had been when the proprietor of
18 Craig & Company had rented space in his basement but made the
19 family leave after the City had told him the Ordinance didn' t
20 permit that. Mr. Childs said staff had also been keeping a close
21 eye .on the Northgate Office Park to see unit owners didn' t try to
22 use the space above their offices; which have water and plumbing
23 fixtures . None of these owners had yet asked for an Ordinance
24 change, he added.
25 Commissioner Werenicz quoted the suggestion Mr. Childs had made in
26 his memorandum that "the major question the Commissioner had to
27 address with the mini-warehouse request was whether a facility this
28 small really needs two on-site resident. caretakers" and reiterated
29 that it was - his own position that the applicant had. failed to
30 demonstrate there was ."a real .need" for the second residence,, in
31 this building.
32 Mr. Solie conceded that the caretaker would not normally let
33 tenants into their units after hours, but persisted in saying this
34 is a 7 day, 16 hour operation, which demanded the presence of
35' someone on the site at all times. He told Commissioner London
36 there is plenty of work to keep that person occupied because with
37 about a 5% turnover every week,:. the caretaker keeps busy showing
38 the units to new tenants , signing leases and performing other
39 general .duties like maintaining the units and collecting the rents
40 and locking *and unlocking the units each day. The Chair told him
41 she found those duties to be analogous to the responsibilities .of
42 an apartment caretaker.
43 Mr. Childs drew the Commission' s 'attention to the fact_- that,,:•.
44' although the caretaker unit in the mini-warehouse was a condition
45 ally' permitted use in the current Ordinance , in the event the
46 facility' was. burned down or -otherwise destroyed, the owners would
47 have to return to the City for a` reviewal of the conditions placed
8
1 have to return to the City for a reviewal of. the conditions placed
2 on the . .permit even though the City. could not. completely deny the
3 use itself.
4 He also_ advised that any conditions the Commission might -want to
5 place on the permit itself related to parking,- access, etc. would
6 have to be added after the Ordinance passes and they get the
7 request back for a hearing on the conditional use permit itself.
8 Commission Action
9 Motion by Wingard, seconded by Madden to recommend the Council
10 grant the request from J(en Solie of Village Properties for an
11 amendment of the language in Section 10 , Subdivision 3 , Item 7 :of
12 the Zoning Ordinance related to a permitted conditional use in a
13 Light- Industrial zoning classification which would allow not more
14 than two dwelling- units of not more than 600 square feet and one
15 bedroom for use as a residence for a caretaker for a mini-warehouse
16 facility as a conditional use, where the current Ordinance only
17 allows one caretaking dwelling unit.
18 In recommending the request be granted, the Commission finds that
19 staff had reported . receiving no calls either for or against
20 changing . the Ordinance . and there was no one present at the
21 Commission hearing who expressed opposition to it.
022 Voting on the motion:
23 Aye: Wingard, Madden
24 Nay: Franzese, London, Werenicz
25 Motion not carried.
26 Commissioner Werenicz advised -Mr. Solie that it was quite possible
27 the Council might find differently - than the commission when his
28 request is presented to them the following Tuesday and it is their
29 decision which really counts because the Commission is only an
30 advisory body.
31 Commission Split on American Amusement Arcades Reguest to Operate
32 Amusement Arcade at Apache Plaza
33 At 8 : 17 P.M. , the - Chair opened the public hearing on the above by
.34 reading- the , notice of the hearing which had been published in the
35 September 2nd, Bulletin and mailed to: all property owners- of record
36 within 350 :feet of the subject property. No one present reported
37 failure to receive the- notice or objected- to its content.
38 Application:- from American Amusement Arcades dba Picadil-ly Circus
39 850 Decatur Avenue North, Golden Valley, MN for a
0 Conditional- Use Permit to allow operation of an
9
1 Amusement- Arcade at' Apache Plaza. in the space .form-
2 -erly occupied by the . St. Anthony off;-sale liquor-
3 store. .. The proposal would utilize the 34 amusement
4 device licenses now held by the Apache owners.
5 Documentation: Application accompanied by August 31st letter from
6 Dariiel. Heilicher of American Amusement Arcades
7 Company;
8 City Manager' s September 11th memo giving staff
9 -reaction to the request and the issues which are
10 involved;
11 sketch of proposed layout of store.
12 Staff report: Childs reiterated . some of . the above information,
13 including the fact that -the current city Ordinance
14 limits the number of machines to a .maximum of 106
15 amusement devices licenses which was the number in
16 effect when the Council established the recreation-
17 al ordinance and still held in St. Anthony;
18 suggested the Commission could recommend a limit. on
19 devices this business could have as the licenses
20 became available;
21 indicated no food or beverages would be served in
22 the establishment;
23
24 reiterated that this type of activity is a condi-
25 tionally permitted use for which the Commission can
26 recommend certain conditions which it feels are
27 necessary or desirable.
28
29 reported staff had received no calls or letters
30 against this request..
31 Mr. Childs reported Police Chief Hickerson had been contacted about
32 the request and he paraphrased the Chief ' s memorandum where he
33 indicated he:
34 *would have some concerns about this operation being located
35 right adjacent to the City municipal on-sale liquor store,
36 which; the Manager perceived, and the concerns .would probably
37 be the. same the -opposite were true and the bar was being , :.
38 started next to an amusement arcade;
39 *based onihis -concerns on how well the establishment would be
40 operated -because if it is well managed,, the Chief thought
41 problems with loitering in- the hallways and those kinds of .
42 problems would be minimized;
10
*was concerned-. there -might. :be I problems with liquor procure-.
2 ment (-Childs said this- would- not be ,the same as for a
3 liquor off-sale establishment) ;
4 *thought the extended hours might increase the possibility of
5 disturbances and fights. which could add to police calls
6 during their peak call period and could only be prevented by
7 excellent management and strict supervision;'.
8 *perceived_ it would only be with. this control that drug trans-
9 actions and other type of criminal activities could be i
10 avoided.
11 The Manager reported those had been the kind .of concerns which had
12 prompted the annual review of the amusement device licenses for the
13 Fun Center,' s operation in the St: Anthony Shopping 'Center, whose
14 proprietor often - appears -for those reviewal' 'sessions. Mr. Childs
15 indicated the Police -Department considers that - , to be a. well run
16 operation and have reported no major problems down there, although
17 the arcade is also. ..located within 200 or 300 feet of both the on
18 and off sale municipal, -liquor ' stores. He added that these facilit-
19 ies probably generated more problems than the Fun Center.
20 The City Manager answered the questions .posed ,by the
_Commission by:
*telling Chair Franzese he considered ..it to be more unusual
q'2 for a municipality to have a limited number of amusement
23 devices iicenses available than it was for a city the size
24 of- St . _Anthony to have two amusement arcades;
25 *saying he thought it be unusual for a city' s ordinance
g may
26 to require -these activities to be handled- as conditionally
27 permitted uses-, perceiving the applicants may not have had to
28 seek- these type of permits in the other cities they serve
29 because amusement arcades are permitted -commercial uses in
30 those municipalities ;
31 *recalling it had been the possibility of a 24 hour billiard
32 hall with a beer license located in St. Anthony which was one
33 of the - concerns which had initiated this zoning classifica-
34 tion for this use;
35 *indicating the opposition which was expressed against the .
36 Fun Center at those -hearings might have been magnified as an
37 example of what might be coming if the- billiard hall went in.. .
38 Proponents: , Daniel . Heilicher; Norman Pink,. and Gene Winstead of
39 American Amusement Arcades Company
40 Dennis Cavanaugh,. President of C. G. Rein Company
�1
11
1. . Heilicher- assured Chair Franzese there was still a
2 lot of _interest 'in- video games by both; kids and
. 3 adults;
4 said adults ' interest in pool had heightened;
5 reported most of. his arcades had come under condi-
6 tional use ,permits and his - firm had -never been
7 turned down;
g invited the Commissioners to check with' any of the
9 Police Departments in any of those locations from
10 Brooklyn' Park to Robbinsdale, and they would find
11 they had no problems because those. activities are
12 under firm control
13 they have a full time attendant on duty at all
14 times and permit no drinking, smoking or eating on
15 the premises;
16 said there are no tables and no place to sit down
17 except at the sit down games and no loitering is
18 allowed.
19 Werenicz Casts Doubts on Applicant' s Claims
20
21 The Commissioner.; _ who said he..,had served.•on the Minneapolis Police
22 Department for 14 years , said he had contacted all eight com-
23 munities where Amusement Arcade operates and found there is much
24 disagreement with Mr. Heilicher ' s perceptions that his establish-
25 ments- have .been trouble free.
26 The Commissioner stated he had been told to alleviate the problem
27 in some of the establishments, the Police Departments„ have had to
28 assign a full time police officer in those facilities on Friday and
2.9 Saturday evenings for whatever hours the establishment is open.
30 Mr. Heilicher ' s response was that his company had requested the
31 police presence in the Brooklyn Park and Maplewood arcades , which
.32 are 22 , 000 and 15 ,000. square . feet and in the Har Mar operation
33 . because the mall had requested that because of the heavy theater
34 traffic. He told Mr. 'Childs his company pays to have the police
35 officers on duty and suggested Commissioner Werenicz should talk to
36 the officers who are involved to get a better perspective on- the
37 problems.
38 When Commissioner Werenicz told the arcade representative he had
. 39 found .it had been necessary to, have police on duty wherever the
40 establishments had extended hours and their St. Anthony request was
41 for 'the same extended hours , Mr. Heilicher told him if there is
' a
42 need; for a' police officer in this establishment, they would hire
43 one. •
12
•' 1 The- Commissioner - added' that:.he :had , also learned the establishments..
2 had to hire the police- because. there had. been a real .need . for them.
3 He said the Maplewood :police had told him -that prior : to.. hiring .a
4 police officer; there 'had been numerous problems in the,.parking lot
5 which they • attributed to the young crowd going into/coming. out of
6. the Amusement Arcade establishment in that mall. : He . 'said the
?
police..reported getting called at least twice a- week prior to . their . .
8 off - duty officer working - in the establishment involving numerous ..
9 problems with juveniles consuming in public;- there were fights , in
10 the parking lot; and consuming on the lot, which the . police
11 attributed to arcade customers; most of whom ' appeared to._be ,
12 transient type kids. Commissioner Werenicz, also stated. that the.
13 establishment was drawing from all over and the police. were .having
14 all kinds of problems.
15 Mr. Heilicher said they had a police officer on duty at Maplewood
16 from the first day they opened their establishment and a further
17 check would show there were. many of the same incidents long before
18 the arcade opened. These are the type of problems all . big malls
19 experience , he contended. Commissioner Werenicz told. him the
20 type of traffic his. business would increase to the mall would
21 generate more of these types of problems.
22 Mr. Heilicher told Commissioner Werenicz the vacant store next to.
23 the bar had been the only space the Apache management had offered
•24 them for their arcade. Commissioner • Werenicz told him he, . for
25 one-, was dead set ' against that location especially with. -the
26 extended hours beyond the mall ' s normal closing.. . He also perceived
27 having three pool tables would most likely attract the adult
28 drinking crowd the bar next . door who could be expected to
29 . start to hang -around the arcade to play -pool which the bar doesn' t
30 have and to gamble over the" pool games, all next. to the juveniles
31 who would be playing the video games. The Commissioner _said he
32 thought this couldn' t help but lead to all kinds of problems.
33 Mr. Heilicher told him they have pool tables in .Maplewood, Har Mar
34 and Brooklyn Park and don' t experience any of. ..the problems the.
35 Commissioner was anticipating. He said his people watch the.;
36 players carefully ` to see there is no gambling, which is not .
37 permitted in the arcades. He told the Commissioner he might have
38 gotten some of his information from an officer - in Maplewood who
39 doesn't like children and had always given his establishment ."a .
40 bad rap. When he suggested the Commissioner talk to the police
41 officers who work in his establishments rather than someone on . the
42 desk, - Commissioner- Werenicz indicated his conversations ,had been . .
. 43 with several . of the chief-s, investigators, and •patrol . sergeants, in
44 the eight different' depar.tments where the arcades are located.
45 Problems With 'Crowds ..Attracted , and Not - With Arcade Company' s
46 Management
13
1 . .Commissioner werenicz added• that none of the above• had• faulted
2 Arcade Amusement:' s management per se and he was' told ".you do rury a
3 ... fine business"., but it ' s just that type of business which .seems' to •
- .
4 .. gather , certain crowds and. _the, problems associated with those
5 crowds. -
6 The Commissioner said •to put the crowds of teenagers who would •be
7 attracted to this type of business and the problems associated with
8 that right next to the older drinking crowd could lead to nothing
. 9 but trouble. He asked . how Mr. Heilicher how he was . going to
10 prevent the younger customers -.from -asking the bar patrons to get.
11 liquor for ..them from the off-sale store close by.
12 The arcade representative told him "kids are• going to get liquor
13 if they want to no matter what" and he did not perceive this
14 establishment would be contributing any further to that problem.
15 Commissioner Werenicz -told him he perceived the - arcade would- be
16 providing another source for them. Mr. Heilicher reiterated that
17 - no. other space had been available to them at Apache and said "if
18 you have a problem with Friday and Saturday nights .. and you want us
19 to close with the mall, we can accommodate that. " '
20 when Commissioner Werenicz . told him he perceived the three pool
21 tables would attract more -of the long term "hanger outers" , . Mr.
22 Heilicher disputed that assumption, saying that had not been a •
23 problem in his other establishments and rather, they had senior
.24 - citizens coming in to, play .pool in the daytime and fathers and
25 sons have an increased interest in the game since. the movie "The
26 Color of Money" had come out. " He said there had been a surge of
27 interest in the game and his place, which is not a bar, has
2.8 attracted a lot of people to come in and play in the arcades. He
29 perceived these places offered a good place for kids to come and
30 play pool under close supervision.
31 Chair Franzese said she would hate to have her three teenage
32 sons, .who just love pool, go to this location, which is right next
33 to the bar, because they wouldn' t be associating with only kids who.
34 play the games but people who have been drinking from next door.
. 35 Mr. Heilicher said he couldn' t see why the bar patrons would want
36 to come in to play pool, but added if they do, they wouldn' t be
37 the, only 'adults in the- place because many young adults like to
38 play the more sophisticated games they have in their establish-
39 ments. He said his people maintain "complete control" and he was
40 certain there would be no problems for her boys .
41 The •othek. proponents .then spoke and 'answered questions. -as follows:-
42 Cavanaugh told Commissioner Wingard all the other spots available
43. in-:Apache were too large for the arcade which only re-
44 quires about 1 , 800 square feet;
14
#.1 said' he had not seen- the proximity:.of-the bar as ..pos
2' ing a problem for them or they would not -have let. them
3 have that space;
4 -indicated the mall . has .24 hour security themselves. and he
5 is certain the. security people would become very vigilant
6 to see that there is not a problem;
'1 said the bowling. alley, has 14 video games in its . arcade
8 downstairs and also sells 3 . 2 �beer and typically the mall
9 has had no major problems with those customers except for
10 some instances° -where..crowds coming out of the common mall
'11 areas had broken some of the large mall windows.,
12 Commissioner Werenicz told Mr. Cavanaugh most of the vandalism and .
13 fighting originated with -the crowds who hang around the video -games '
14 and have been available to them in the bowling alley and who flow
15 out into the parking lots where the problems are.. He told him this
16 indicates there are problems associated with these types of
17 businesses and this business would be no exception.
18 Cavanaugh said every major mall has problems in. the parking lots at
19 night and he wasn' t - sure they .were .:.connected. specifically with
20 amusement arcades,. restaurants, or whatever;
1 pointed out that this use is a permitted conditional use in the
2 City' s Ordinance, leading ..him to .conclude the City couldn' t
23 completely reject the application, but could- impose conditions. _on
24 it.
25 Childs - agreed that was the way he read the City, Ordinance and
26 indicated he perceived- it 'also' gave the City the right to impose
27 reasonable conditions on : the permit, which the applicants might
28 or' might not agree were - reasonable;
29 told the Chair, C. G. Rein controls the 34 licenses this establish-
30 ment would 'be using, there are somewhere around 14 licenses the
31 bowling alley holds, the City liquor operation has half. a. dozen,.
.32 the Fun ' Center has about 30 and the rest are scattered around
33 town;
34 ' said 1-06 was the number of licenses there were in existence when
35 the City passed the Amusement Devices ordinance and the only way a
36 place can -get 'a license is if one of the holders :drops its license;
37 he confirmed that Ray Nelson is in line to receive.. the .next
38 several licenses which become available;
39 unless' the City changes the Ordinance, the number of licenses
'40 which ..will ever be available will not surpass 106.
15
L' •Gene.-Winstead said::he-.was .Oper.ations. Manager: for•:-American Amusement :. .
2 Arcades; •
3 said .he. . was als.o... 'Vice Chairman of the. .- Bloomington Planning
4 . Commission as::: well•. : -as the...- President of the Bloomington Crime '.
5. Prevention. Association and:-understood the City' s .concerns. about car
6 prowls and vandalism in. parking lots;
7 said .: there isn' t a shopping mall in the metropolitan area that
8 doesn' t experience . the same type of problems ; -
9 indicated he didn'-t know just how directly these activities were_
10 connected to youth activities;
11 said his organization was not so naive as to believe none of the
12 "bad -seeds" frequent their establishments.. or attempt to come in;
13 said they have spent time with :managers to identify problems which
14 occur.
15 Werenicz agreed car prowling problems occur where there are large
16 numbers of. cars parked in . lots and- said- he perceived to.. -locate this •
17 type of -business .- near the area where large numbers,,of cars are
18 parked near the access to both- the bowling -alley ,and . the- bar
19 would just be adding a third source of congregation.
20 Winstead agreed there would- be ' an older crowd frequenting the •
21 arcade later at night, but challenged .the perception that problems
22 with the congregation -could be directly connected to the arcade.
23 werenicz responded_ to Mr. Winstead' s statement that in Bloomington
24 the-number-.of car parking ,problems in parking lots had been cut
25 down -by the _actions of business crime watch groups by saying he
26 had found through the surveys he had taken of the eight communities
27 where this business had establishments , that the number of instan-
.- 28 ces. had been cut down after- either t-hose arcades had hired off-duty
29 police or - the hours of operation had been reduced -to the hours the
30 mall was open;
31 said. he had .also . noted the malls which had kept to the mall hours
32 didn' t seem to- have pool tables in them.
33 - Winstead pointed out that one of the reasons his company . wanted
34 to have pool tables at this location had been because they needed
35 them to fill up. the space :which resulted from only. 34 device
36 licenses-..being available to them;
37 added that there had been a great resurgence of interest for all.
38 ages .in: pool the. past few years;
-39. indicated the pool tables would be . somewhat smaller than-full -scale .
40 tables and would be easier for younger children to play.
16
1. Norman Pink had been: in St: Anthony when the jicens.es .were :limited
2 . to"10 there were so. many applications for, .arcades in. ;every
3. vacant store; drug store— and. the simplest way .. to control
4 - that '.was rather than to write -an ordinance defining them was to
5 limit the control the arcades by licenses;
6 said his firm had 1 , 500 square feet of empty space which. could
7 take from 45' to 50 video games, to fill up and because . there are
8 only 34 licenses available, they need pool tables;
9 indicated if the City wanted to let them have more ..license.s, they
10 wouldn' t need the pool tables;
11 reiterated that his company had hired the full time police officers
12 who work in their Village North and Maplewood establishmen-ts, the
13 day their arcades opened up and it wasn' t something the. municipali-
14 ties had made them do;
15 pointed out that the young people who- have the mobility they have
16 nowadays .are going to go somewhere because the school system .
17 doesn' t require the amount of study they did when he was, young;
18 said ift reference to parental supervision, he said he'd. rather have
19 his own kids in an arcade where there is good supervision where he
20 would be able to go and would be able to take that child and pick
11 him or ' her up -rather than have that child say . "I 'm going out with
2 the- kids and will be back at 10 o' clock. " ;
23 said his company expects ' to close the .arcade Monday through
24 Thursday at 9: 30 P.M. or whatever time the shopping mall closes ; .
25 indicated his company had found it would be advantageous to. them
26 and" also to the young people to give them a supervised. place. to be
27 up to 12 : 00 o' clock on Friday and Saturday nights ;
28 insisted they wouldn' t be looking for the crowd from the Apache
29 Wells bar and would like to have their. mall door closed so the
30 only access from the bar to the arcade would be through the outside
31 door ;
32 said they would have to decide whether it was practical dollar and
33 cents wise to hire an off-duty policeman and other type. of outside
34 supervision and if not monetarily feasible to have someone on duty
35 three hours every Friday and Saturday . night, said would close
36 earlier on those nights ;
37 pointed out that in the bowling alley the arcade is in close
38 proximity to the beer counter and beer can be brought any place in
39 that room no matter who it is next to;
40 stated 'he believed it should be left to the parents to decide
+41 whether their children are in the arcade after 9 :.00 at night;
17
I perceived it was up -to the City:.to: .see that the: laws -are upheld,.
2 but neither they not the --. arcade managers should -try--_. to control -
-
3 the 'family' -situation;
4 told the Corkftission his company has :, been in the arcade business
5 since 1957 and most of the arcades around. the country. are
6 � patterned after their Southdale operation, which unfortunately been
7 replaced with an eye clinic the mall needed in the same space.
8 Werenicz agreed there was no way the arcade management could keep .
9 the bar customers from coming in pool •.and said that .was .why
10 he was suggesting, another :location would be better.
11 Pink said his firm 'had 20 years of -experience running this type:,of
12 establishment and controlling the behavior of those who come .in ;and .
13 they don'=t need the type of customers who aren' t in control of
14 themselves and would make them leave;
15 said Aierican Amusement Arcades wouldn' t be staying open past. 9 : 30.
16 P.M. if that wasn' t practical because they wouldn' t want to
17 jeopardize their reputation and the other -developments -they have
18 because of a few customers which might potentially ruin them.
19 Hearing Closed
20 The Chair closed the hearing -at ,8: 57 P.M. for Commission considera-
21 tion of a recommendation to the Council.
22 The following conversations ensued prior to and during the develop-
23 ment of a final recommendation:
24 Werenicz said' he didn' t think it would -be unreasonable to
25 require the arcade to be open only during mall hours
26 perceiving the precedent had already been set for
27 American Amusement Arcades in Eden Prairie , Ridge-
28 dale Terrace -Mall, Har Mar and. Northtown to close
29 when the malls close.
30 Cavanaugh pointed out that the Apache Mall is only open from
31 noon to 5 : 30 P.M. Sundays and closes at 5 : 30 P.M.,' on
32 Saturdays ;
33 said he perceived those hours would be completely
34 unacceptable to the -applicants ;
35 pointed out that the City' s lease on the Apache
36 Wells is on a month-to-month basis so it would be
37 unwise to plan around them.
38 Heilicher said their arcades are all located in the interior
39 of those malls and. there are no exits available for
40 . ,them to use once the mall is closed;
18
• 1 said he perceived-: it .would be-somewhat .discriminat
2 ory for the.City. :to limit his establi-shment' s� hours.
3 of operation-:.or; types of equipment- they- used to.
4 . eliminate pool tables since similar. -restrictions had
5 never been placed on , the Bowling- Alley,- the. re-
6 :staurant or the bar in the 'same mall;,
7
8 indicated there would always be problems with kids,
9 in parking lots whether they' re next to shopping
10 centers , a .McDonalds or a Burger King;
11 suggested -staff check with the Brooklyn Park Police
12 Chief and -see if he doesn' t tell them there were
13 just as many of the same type of problems in the
14 parking lots before the American Arcade ever went
15 into the mall;
16 told Commissioner Werenicz the reason some of his
17 other facilities didn' t have pool tables was because
18 they didn' t have room for them at those locations
19 where they had all the- other types of machines
20 they wanted.
21 Childs. told the Chair the three pool tables °would be coin .
22 operated and represented 3 of the 34 licenses C. G.
�3 Rein is prepared to use for this operation.
24 Cavanaugh reported it' :cost his company $50 a machine to hold
25 the licenses until some merchant used -them.
26 Franzese said she would like to see a condition imposed on.
27 the permit which would require supervision .of the
28 establishment.
29 Heilicher told her on busy -days his company has two
30 attendants on duty;
31 insisted his company' s track record for controlling
32 its, customers had always been very -good and the Com-
33 missioners should have no fears that the. pool tables
34 or video games would not be well controlled;
35 suggested that -since this is a conditional use per-
36 mit the City should let American handle the arcade
37 the way they had- requested and, . if after . a year or
38 even less , there is a .percept-ion that there is
39 a problem "come directly to us and tell us you
40 don' t -like the way we ' re operating.
41 London said .,-he had to agree with Commissioner: Werenicz that
42 the `hours of operation should be restricted and
03 that there should be no pool. tables ;
19
1 said.. he .personally- felt these-amusement- arcades were
2 .nuisances because they made it difficult for :.parents •
3 - to control their children;
4 thought, that since the City can'.t prevent 'them from
5 operating in the -City, everything possible should be
6 done. to make them as inoffensive as possible.
7 Madden commented that . he must have had a -"misspent" youth
8 : because he had always . enjoyed playing pool and per-
9 ceived if he were to take his grandson somewhere to
10 play pool, this establishment, where there would be
11 no liquor, would be' a better place to play than a
12 bar;
13 said he couldn' t see the harm in having pool games
14 in a game room and wondered if kids didn' t wager on
15 video games as well;
16 perceived pool had been denigrated and said he had
17 a lot more respect for pool than for- video games
18 which he couldn' t stand at all.
19 Commission Action
20 Motion by Madden, seconded by Wingard to recommend the City Council •
21 grant a conditional use permit to American Amusement Arcades dba
22 Picadilly Circus to allow the operation of an Amusement Arcade at .
23 - Apache Plaza in the space formerly occupied by the -St. Anthony
24 off-sale liquor store and to utilize the 34 amusement devices for
25 which there are licenses available at that location.
. 26 The Commission further recommends the following conditions be
27 imposed on the permit:
28 *no food or beverages are to be served in the arcade; '
29 *the. number of amusement devices would be limited to 34 for
30 this establishment ;
31 *the permit for this operation would have to be reviewed
32 annually with input from the Police .Chief based on statistics
33 on the number and, nature of calls his department has to make
34 to this establishment.
35 In recommending this permit be granted, the Planning Commission
.-. 3.6 - finds - staff had reported receiving no calls against the permit
37 prior to the Commission hearing and no one spoke-:against - it during
38 the hearing.
39 Before the .Note was taken. on the ..motion;- the following amendments '
40 were offered:
20
• 11 Motion by -:Wingard- seconde&-by London to amend-"the.-motion- to -limit
2 the hours of:;operation. for.-'.the Amusement Arcade' to the same hours
3 as Apache Plaza Mall.
4 Voting on the motion:
5 Aye: Wingard, London, Werenicz
6
7 Nay: Madden, Franzese !_
8 Motion to amend carried.
9 Motion by Madden, seconded by Franzese to amend the motion to- allow
10 the arcade' to stay- bpen until 9 : 00 P.M: seven days a -week.
11 Voting on the motion:
12 Aye: Madden, Franzese -
13 Nay: Werenicz , Wingard, London
14 Motion not carried.
15 Motion by Werenicz , seconded -by- London to amend the motion to allow
16 no pool tables in the American -Amusement Arcade'.
017 Voting on- the motion:
18 Aye.: Werenicz, London
19 Nay: Madden, Franzese, Wingard
20 Motion not carried.
21
22 Voting "on the amended motion:
23 Aye: Franzese, Wingard
24 Nay: Werenicz
25 Abstention: Madden, London
26 Amended motion carried.
,27 Commission Indicates No - Objection to Change in Nativity. Church,
28 Plans
29 -Mr.. Childs had distributed copies of the September 13th letter from -
3-0 . the Nativity -Building Committee Chairman seeking approval for the
3:1 substitution . of landscaping-- for fencing between the chu-rch' s
32.- property and the property- at 2921 33rd . Avenue N.E. which had
•33 been agreed to by both parties. The Manager indicated he would
21
1 ':report that the -Commission :.members would not, be opposed to having a
.2 ,landscaped buffer.. between the properties or. : to revising, the •
3- - screening plan.which had -been approved November . 26 , 1987 .
4 Manager Reports .City Has-- Picked . the P: J. Gaughan Company to
5 Construct the Final Phases of the Kenzie - Terrace Redevelopment
6 Project
7 Mr. Childs reported the above to the Commissioners and described
8 the- project for which a -Redevelopers . Agreement is now being
9 negotiated with the contractor. He indicated the H.R.A. hopes to
10 approve the agreement at, their October . 13th meeting and gave a
11 ' tentative timetable for.: 'getting the project completed, which
12 'included the negotiations- with the land owner -and meeting,.wi.th the
13 neighbors to address some of their concerns about the project.
14. Joint Council/School Board Meeting Gave Both Sides -Better Under-
15- standing of the Parkview Issue
16 Commission members who had- attended the September 9th meeting
17, agreed with the above assessment by the City Manager who said he
18 expected no immediate decisions to be made.
19 Marks and Makowske Will Have Opponents and the -Mayor Will Be
20 Unopposed for the November 3rd Election
21 Mr. Childs said. Al Arens and Tom Gould had filed to run against the
22 incumbents for seats on .the Council.
23 Delays on Stonehouse Addition Discussed
24 Problems with getting the structural steel for the . .project were
25 part of the trouble, Mr. Childs said, but the contractor had. also
26 b-een; slow in getting shop drawings done as well. However., the .
27 Manager indicated he had been -assured the project would move right
28 along for the next 30 days.
29 ADJOURNMENT
30 Motion by Madden, seconded by London to adjourn the meeting at 9 : 55
31 P.M.
32 Motion carried unanimously.
33 Respectfully submitted,
34• Helen Crowe, Secretary
35 :cjk
36 -
37
38
39 •.
22
J
C I TY" Og' ST . Ai�THONY:
SPEC=AM-L PL AN.IT_T NG: COMM= S.SION
MEET2NG" M=Y�TLJTES
NOVEMBER 4 , 3- 987
1 The meeting was opened. at 7 : 35 P.M. with the Pledge of Allegiance led
2 - by Chair Franzese.
3 Present for roll. call: London, Hansen, .:.Wagner., Franzese-, Madden.
4 Absent: Werenicz ( arrived -at 8 : 12 P.M. ) Wingard.
5 Also present: David Childs , City Manager.
6 Richard Krier of Development Advisory Services;
7 H.R.A. Consultant
8 P. .J. Gaughan-, Owner, and Alan Hamel, .President, of
9 Gaughan Companies.
10 PUBLIC HEARING
11 Commission. Recommends- H.R.A. Go With. Gaughan Com anies . Pro osal to
12 Redevelop Final Phases of Kenzie Terrace Redevelopment Project With
1-3 - Conditions
14 The hearing, which had ..been rescheduled and rep.ubl'ished in. the October
15 21st Bulletin was opened at 7 : 37 P.M. with the Chair reading the
•6 notice aloud..
17 Proposal: *same as reported in Bulletin. with exceptions ,resulting
18 from revision of . ssite area- to 7 . 35 acres , increasing the
.19 density to 28. units per acre .where .the Zoning Ordinance
20 requires 24 ;
21 *parking would be revised .-to 205 underground. and .156
22 surface _of .which 51 would -be reserved for . future parking
23 if needed
24 *no variances. required for parking;
25 *open space of 72 . 30 of project land.
26
27 Variances : *density for 28- rather than -24 units -per acre
28 *setback for resiting southernmost building with corner on
29 Kenzie Terrace 25 feet rather than -30 feet from property
30 line and another small portion -of building: on Lowry Ave-
31 nue side 20 rather than 25 required feet from property
32 line ( total Lowry setback, 5.3 feet) ;
33 *seven foot height variance for structure, a little more
04 than 42 feet. high from grade to roof peak,. where Ordinance
5 allows only 35 feet-.
-' 1
1 Staff
2 report: . _: C:hilds explained the modifications- in his November 2nd
3 Memorandum related to height and setback variances. ,
J - i
4 Krier reported on October 19th meeting between staff,
5 Gaughan representatives , Alderman Dziedzic ,and Council-
6 member Ranallo, with approximately 50 residents from the
7 immediate Minneapolis and St. Anthony area;
8 addressed all the concerns raised at that meeting which
9 he had listed in his October 29th memo, included in the
10 agenda packet;
11 suggested conditions Commissioners might want to impose
12 on a recommendation of approval of the project; but
13 urged no further delays in the project in view of volatile
14 market conditions which could affect financing.
15 Proponents: Hamel answered questions posed by two of the five
16 neighbors who were :present, as well as concerns of
17 Commissioners:.
18 . Neighbors : Jean Krajna,.. 2601 Kenzie Terrace, Apartment 311 ; who was
19 accompanied by Maribeth Baldinelli , 2338- Coolidge Street
20 N.E. , Minneapolis and -another woman who was not
21 identified. Only Ms. Krajna spoke, saying: •
22 the three had- no opposition to the proposal but were. pre-
23 sent only to find out how soon the project would replace
24 the current eyesore on the Saliterman property;
25 was told condemnation proceedings , which would take about
26 150 days , would be started as soon as the developer
27 places his financing and the H.R.A. would be able to sell
28 the property to Gaughan after that period whether a price
29 had been established with Mr. Saliterman or not.
30 Mr . Hamel said, based on how soon his company could acquire the land
31 and could get financing for the project, he anticipated construction
32 on one of the two buildings to be started early next spring, with the
33 second two months later and the entire project to be completed within
34 a year ' s time.
35 Greg Steiner and his son, 3016 Old Highway 8 , wanted to
36 know who would be operating the buildings after they were
37 completed;
38 was told Gaughan had almost always retained ownership of
39 any building he acquired and provided management for over i
40 2 , 000 rental units at this time.
2 •
I
i
Krier told P,ir. Steiner it was almost impossible to know what the I
'2 purchase pricelfrom Saliterman would be, but City appraisals indicated
3 a lower value of under a million dollars, which, of course, Mr.
4 Saliterman would not necessarily agree with.
5 Project Additions
6 *12 foot access road for the exclusive use of emergency
7 vehicles to be developed on the northeast side of the
8 project within the area reserved for future parking;
9 *provision of a walkway on the southeast side of the
1.0 property to allow residents of Lowry, Coolidge, and
11 Harding Streets in Minneapolis access to the shopping
12 center to which all vehicle access would be barriered;
13 *oversight in plans for a walkway between the commercial
14 and residential areas on Kenzie Terrace would be cor-
15 rected to benefit the residents of the .proposed struc-
16 tures as well as the Kenzington.
17 Commission Concerns
18 Commissioner Hansen questioned -whether- the concerns .of the Kenzington
19 residents had been given the same weight as the Minneapolis residents
. when decisions relating to prohibiting a .Lowry access were made. He.
was told that access had been one of Alderman Dziedzic ' s greatest
22 concerns about the project. Mr. -Childs pointed out that the City
23 would probably have to make Lowry a standard size roadway if that
24 access were provided at this time. Mr. Krier indicated the Kenzie
25. Terrace access would be more advantageous for the residents of the new
26 project because the more active building would be sited closest to the
27 transportation routes and its garages sited on Kenzie.
28 Commissioners London., Hansen, and Wagner all expressed concerns about
29 the configuration of the existing access road- off Kenzie Terrace which
30 they perceived. might not be adequate for increased traffic from the
31 two apartment buildings , and which might be unsafe when the roadway
32 became icy.
33 Mr. Hamel said he was certain. the developers would- be widening the
34 existing jog in that roadway.
35 Commissioners Hansen and London questioned . whether one elevator
36 located at the entrance of the senior building would be too far away
37 from the farthest unit., which would be over 250 feet away.
38 Mr. Hamel told them the occupants of the over 55 building would be
39 expected to be active , functioning persons, and not types of seniors
40 found in nursing or care centers . He said the buildings would be
almost identical- to the LaBelle 2 and 3 buildings , which have over 55
residents and only one elevator in each building.
3
i
I
I- In response to the 'Commission concerns -about whether the ponding area
2 would provide adequate ..drainage for the -area, . I„Ir. Childs- suggested
3 their recommendation -be made subject to the City reviewing all
4 drainage and utility plans.
5 He also . indicated a traffic engineer would be consulted within the
6 next two weeks regarding the adequacy of the access road to the
7 project off Kenzie Terrace so the siting of the pedestrian signal
8 could be finalized to meet CDBG funding deadlines.
9
10 The hearing was closed at 8 : 30 P.M. for the following motion:
11 Motion by Wagner, seconded by Werenicz to recommend to the Council
12 that the Planned Unit Development Concept and Detailed Plan, adopted
13 in November, 1986 , for the final phases of the Kenzie Terrace
14 Redevelopment Project be amended to accept the site plans dated
15 November 3 , 1987 , which were presented by the Gaughan Companies during
16 the Commission' s November 4 , 1987 hearing to include the setback*
17 variance plans and to grant a four unit per acre density variance for
18 the revised site plan which provides for 28 units per acre where the
19 Zoning Ordinance requires 24 and a 7 foot height variance to the
20 City' s Ordinance provision for buildings no higher than 35 feet, which
21 would allow the proposed structures to be a little over 42 feet high
22 from grade to roof peak.
23 The Commission further recommends that:
24 *the Council stipulate that drainage and utility features of the
25 plan be reviewed by the City before finalization;
26 *a -traffic specialist be consulted to assure adequate and safe
27 vehicle facility access to the project;
28 *the August plans dealing with basic structure exteriors and grade
29 elevations , which were not included in the Commission agenda
30 packet become a reference for final approval.
31 The Council is also recommended to adopt the following additions.: to
32 the plans :
33 *a second access for emergency vehicles through the parking lot as
34 proposed by the developers;
35 *City Ordinance prohibition of unnecessary .storage on balconies ;
36
37 *walkways from Coolidge Street and from Kenzie Terrace through the
38 project to the shopping center as proposed by the developers for:.:-'
39 the convenience of the area residents;
40 *a restriction of construction between. .7 : 00 P.M. and 7 : 00 A.M. to
41 avoid unnecessary disruption of the -neighborhood.
4
•1 In recommending approval of these plans, the Commission anticipates
c
2 that the Final Plan for the project would address - lighting- and signage !
3 as well as provision for resident storage - in the buildings and
4 interior walkways within the project .
5 Motion carried unanimously.
6 The meeting was recessed from 8 : 52 to 9 : 00 P.M.
7 Old Business
8 David Evanson, 2208 - 73rd Avenue North, Brooklyn Center, MN, was
9 present to request a minor change in elevations in the plat approved
10 by the Commission for the parcel of land in the 3500 block between
11 Silver Lake Road and Belden Drive. He indicated, because the owner
12 of the adjacent property next to the northeast lot #B would not give
13 him a slope variance, he was now required to make the elevation of
14 that lot three feet higher than approved. Mr. Evanson said he would
15 also be willing to put up a retaining wall between the properties , if
16 necessary.
17 Mr. Childs had noted in his November 2nd memorandum, that the lot
18 elevation would still be five feet lower than- the existing grades and
19 a little above the Belden street level which would probably provide a
10 more acceptable drainage towards Silver Lake Road and floor elevation
1 for the proposed house.
22 Commissioner Madden recalled that he had been concerned about the
23 first elevations for the northeast corner of the project and
24 considered the new grade to 'be an improvement. Commissioner London
25 concurred with that conclusion.
26 Commission Action
27 Motion by Hansen, seconded by London to recommend the Council approve
28 the October 14 , 1987 revised grading plans for Gardena Heights as
29 provided in the Planning Commission' s November 4 , 1987 agenda packet.
30 Motion carried unanimously.
31 Manager Alerts Commissioners to Proposals to be Presented to Them
32 During Their November 18th Meeting
33 These included the- Rapid Oil request to retain their non-conforming
34 pylon sign now that they' ve removed the gas pumps, and a request from
35 the new owners of Hobo Restaurant (now called Mickey D' s ) for
36 excessive signage.
37 The Manager advised the Commissioners that representatives of American
38 Monarch had requested they be allowed to make an informal presentation
�9 of . their proposal to develop the land they own east of. their plant now
5
J
1 their' -sensitivity , to :previous".:_ .neighbor.. concerns.-.had prompted them, to
2 suggest a .low level development- f-or the vacant property. •:
3 Mr. Childs indicated that he .anticipated the owner .of the Dairy ..-Queen f
4 would., soon be applying for a..variance . for the non-conforming signage
5 he erected when he rebuilt his establishment, now that Mr. Childs had
6 sent him a last warning that the City police would be tagging him for
7 not responding to previous invitations to come in and clear up the
8 problem.
9 Wagner to Represent Commission at November 10th Council Meeting
10 Adjournment
11 Motion by Wagner, seconded by Madden to adjourn the meeting at 9 : 25
12 P.M.
_13 Motion carried unanimously.
14 Respectfully submitted,
15 Helen Crowe, Secretary
16 :cjk
6
I
hon.
DATE : , APPROVAL '
November 13 1987
Planning Commission Members
TPIZO M : David M. Childs, City Manager
T- .r Er-1 ' SIGN VARIANCE .REQUEST FROM MICKEY D'S RESTUARANT (FORMERLY MR. HOBO)
This sign request is for three signs at the location of the Mr. Hobo Restaurant on
Kenzie Terrace.
y As you can see from the Notice of Hearing and the attached letter and plans, the
applicants are requesting a considerable variation from the provisions of the Sign
Ordinance. They are requesting three signs with total sign surface area of 259 square
feet, where the Sign Ordinance allows one sign and 100 square feet of sign surface
area.
In the past, a second sign has been allowed by variance on corner businesses, but usually
with total sign surface area not to exceed what would be allowed for one sign - in this
case 100 square feet.
We applicant appears to be trying to attract .Highway 88 traffic and thus feels that a
larger sign is needed to do so.
I recommend that based on the corner configuration, that only two signs be allowed and
that their total area be only about 100 square feet or so.
One suggestion would be the reader board 32 square feet and a 3 foot X 25 foot wall
sign and remove the old Mr. Hobo roof sign.
y
:cjk11.17.87
t
Date: /o/ZCo g
Fee : $25 .00
CITY OF ST . ANTHONY
PETITION FOR SIGN VARIANCE
Applicant : oQ� � � Phon Z
Address : 1 0
Status of applicant (owner, buyer, . renter, agent, etc._ ) : AG� �
Legal description of property petitioned for variance : �pM MrtA�-
Street Address : Z9cp
Zoning district in which property is located:
Request:
Minnesota Statutes and City ordinances require that the following conditions
• must be satisfied affirmatively. If the answer to a statement is Yes ,
please explain, using additional sheets .
Yes No
1. The granting of the variance will not be detri-
mental to the public welfare or injurious to
other property in the neighborh.00d or village;
a n.d
2 . A particular hardship to the applicant would re-
sult if the strict letter of the regulations are
adhered to, or
3. The conditions upon which the application for a
variance is based are unique to the parcel of
land for which the variance is sought and are
not applicable, generally, to other property
within the same land-use classification.
Signature of p licant
•
ignature o '0 ner If of er
than applicant)
O O O
IkDVERTISING-
W1 GRAND AVENUE.ST.PAUL,MN 55105 (61 2)224-4117
October 30, 1987
Attn; Larry Hammer
St. Anthony Village
3301 silver Lake Road
St. Anthony, MN 55418
RE: Mickey D' s Restaurant
Additional Signage
Dear Mr. Hammer
We have prepared the following information for the approval of the signage
as described below.
This signage is included in a extensive and complete renovation of the
restaurant, requiring a large investment by the owner.
The new restaurant design offers a "FAMILY STYLE" setting. This is an important
factor due to the unsuccessful operation of previous attempts under the "Mr.
Hobo" name.
The site is also a factor. The corner location is a prime commercial site which
benefits the owner. This also increases the owner' s operating costs.
The signage layout is arranged to attract business from two areas because of the
corner lot layout.
I
The size of the signage is determined by the distance to the traffic flow in the
area. The large size is required to be effective to reach the main traffic
ways of the area. This is necessary to substantiate the business.
The sign package includes :
1 . ) 4' x 8' 32' sq. card reader board for listing specials mounted on side of
the building.
A- -
2:1 The renovation' of -the .existing 2 sided "Mr:- Hobo" - pylon sign. This will
have the 'sign *face .changed ,to new neon lighting on one side (27 sq. feet)
3.) The' front sign established name and concept of family restaurant.
The -signage package is of the highest quality available. This serves the commun-
ity as well as the owner. This restaurant will now have family style character-
istics to enhance the area as one of the pleasant locations as you enter the
city area.
Please find enclosed the exterior scale drawing elevations for your use. .
We seek the city approval of this signage package due to the unique reasons
described above.
Sincerely,
Tom Gow
Wf -
r,
CITY OF ST. ANTHONY
NOTICE OF HEARING
SIGN VARIANCE
TO WHOM IT MAY CONCERN:
Notice is hereby given that there will be a public hearing by the
Planning Commission of the City of St. Anthony on Tuesday,
November 17 , 1987 , at 7 : 35 P.M. in the Council Chambers of the
City Hall, 3301 Silver Lake Road (enter northeast corner) for the
following purpose:
Request from Mickey D' s Restaurant, 2905 Kenzie Terrace
( formerly Mr. Hobo ' s Restaurant) for a variance from the
provisions of the sign ordinance to allow the following
signage:
1 . One 4 ' X 8 ' reader board on the side of the
building ( 32 square feet) ;
2 . One wall sign 4 ' X 50 ' in size on the south wall;
and
3 . One roof sign re-lettered on the east side only of
the existing "Mr. Hobo" roof sign ( 27 square
feet) .
Anyone wishing to be heard with reference to the above matter
will be heard at said time and place. Questions regarding this
matter may be referred to the City Manager, 789-8881 .
David M. Childs
City Manager
Bulletin: November 4 , 1987
•
yMAII LNG LiSl - 2130 KENLIt i tkk,';Ct 11/87
Eberhardt Roger Bona
3250 W. 66th 5236 Horizon Drive St. Anthony Fun Center
P.O. Box 1385 Fridley, MN 55432 2907 Pentagon Drive
Minneapolis, MN 55440 St. Anthony, MN 55418 •
Re: 2812-27th Ave. N.'.,-.
Good Luck Cafe J. R. Blackfelner John Jadinak
2700 Coolidge 2808 Pahl. 2805-27th Avenue N.E.
St. Anthony, MN 55418 St. Anthony, MN 55418 St. 'Anthony, MN 55418
Lawrence Osborne Elko Perchyshyn
2900 St. Anthony Boulevard 2817 Pahl
St. Anthony, MN 55418 St. Anthony, MN 5.5418
e'
tMaICKEY D's J
FAMILY RESTAURANT
i �
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_ 6•c C 441 IN01,11M
-,����(S��fp• -�-�i.-� ��.,. 224-4117
'(a 841 Grand Avenue
SIGNS A PQDMOrnONS Si.Paul.MN 55105
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• 'Ila
I>AT� s APPROVA �ll,
r
November 13, 1987 _
Planning Commission Members LN
g'RONi
David M. Childs City Manager
SIGN VARIANCE REQUEST FROM RAPID OIL CHANGE
As shown in the attached Notice of Hearing, the Zoning Ordinance allows free-standing
signs for service stations. Rapid Oil Change formerly had gas pumps -and thus-
were-allowed th-e existing free-standing sign when they originally opened. (Their also got
approval for two wall signs due to their corner location. )
The gas tanks and pumps have been removed and the City then asked that the sign be
removed to comply with the sign code. The people at Rapid Oil Change are thus request-
ing permission, through a variance, to be allowed to retain the sign.
I recommend denial of the request. They do not have gas pumps, they do have two wall
signs and the visibility is not inadequate for the operation of their business. Auto
Traac and Paul Revere Pizza have much less signage.
:CJK11.17-.87
Date J 0, 7
Fee : $25 .00
CITY OF ST. ANTHONY
PETITION FOR SIGN VARIANCE
Applicant : _r-A�iD Co«- � 411L E �t i 4��i� i one : .
Address : L/F-- S t�LS 2"1
Status of applicant (owner, buyer, renter, agent, etc. ) : d.�21p�2_
Legal description of property petitioned for variance :
Street Address :
Zoning district in which property is located:
Request:
}Minnesota Statutes and City ordinances reauire that the following conditions
must be satisfied affirmatively. If the answer to a statement is Yes,
please explain, using additional sheets .
Yes 140
1 . The granting of 'the variance will not be detri-
mental to the public welfare or injurious to �C
other property in the neighborhood or village;
and
2 . A particular hardship to the applicant would re-
sult if the strict letter of the regulations are
adhered to, or
3 . The conditicrls upon which the application for a
variance is based are unique to the parcel of
land for which the variance is sought and are
not applicable, generally , to other property
within the same land-use classification.
Sig ure o Applicant
Signature of Owner (If other
than applicant)
I •
I
PETITION FOR SIGN VARIANCE
RE: RAPID OIL CHANGE
3701 Silver. Lake Rd.
St. Anthony Village, MN
STATEMENT OF PARTICULAR HARDSHIPS
ITEM #2:
Rapid Oil Change has operated a quick lube business at 3701 Silver Lake Road
since November "84. From the time of opening until May "87 gasoline could also
be purchased at this location. Due to the new laws governing the underground
storage of hazardous chemicals and the poor condition of the underground tanks
at the site; the decision was made to remove the tanks and discontinue the sale
of all gasoline products. The pylon sign in question has been in place since
the store opened. It measures 4`x6" and is approximately 18` high to top. The
automotive care nature of our business has not changed appreciably since the
termination of the gasoline sales and would cost approximately $500..00 to
remove a sign which we spent about $2000.00 to install. Removing the sign will .
also reduce our visibility and could result in lost sales for the company.
ITEM #3:
The conditions upon which the application for variance is based are unique to
this piece of property in that due to revisions in the laws governing the
underground storage of hazardous chemicals combined with the poor conditions of
the existing tanks, necessitated that the tanks be removed. The costs
associated with the removal of the existing tanks (now removed) combined with
the-estimated costs for new replacement tanks and the increased liability
associated with the sale of gasoline were prohibitive and lead to the decision
to suspend all gasoline sales at this. location. The quick lube portion of the '
business had been the more successful of the two operations -and has remained.
Respectfully,
RAPID OOIL CHANGE
Mark J. Gilbertson,
Project Manager
MJG/cr
:� k o� •
"Take it to the Change Gang!"
RAPID OIL CHANGE o CORPORAI E OFFICE o 30-11 :Ih AVENUE SOUTH 0 \MINNEAPOLIS, VIN 55408 o 1612'827-2541
' I
CITY OF ST. ANTHONY
NOTICE OF HEARING
SIGN VARIANCE
TO WHOM IT MAY CONCERN:
Notice is hereby given that there will be a public hearing by the
Planning Commission of the City of St. Anthony on Tuesday,
November 17 , 1987 , at 7 : 50 P.M. in the Council Chambers of the
City Hall, 3301 Silver Lake Road (enter northeast corner) for the
following purposes:,
• Request from Rapid Oil Change, 3701 Silver Lake Road, for
a variance from the provisions of the Sign Ordinance to
allow them to leave in place an existing, non-conforming
free-standing sign at that location. Such a free-standing
sign is permitted only at gasoline stations, and when gas
pumps were removed from this location recently, the sign
became non-conforming.
Anyone wishing to be heard with reference to the above matter
will be heard at said time and place. Questions regarding this
matter may be referred to the City Manager, 789-8881 .
David M. Childs
City Manager
Bulletin: November 4 , 1987
i
I
kiL1Nu L131 - JlUl Z)ILvLr% LnhC numu
W. F.. Bauer Construction
Hien Van Nguyen 4324 Lakepoint Court Edward E. Solz
3645 Silver Lake Road Shoreview; MN 55112- - 3636 Penrod
St. Anthony, MN 55418 St. Anthony, MN 55418
Re: 360-44 Silver Lake Road
i
Bruce C. Anderson Auto Traac Don Messick
3640 Penrod 3009-37th Avenue N.E. 3101 Edgemere
St. Anthony, MN 55418 St. Anthony, MN 55421 St. Anthony, MN 55418
Richard LVoir Tom Packard Northern States Power
10 N.E. 6621 Way 5417 Woodcrest Drive,. 1518 Chestnut North
Fridley, MN 55431 Edina, MN. 55424 Minneapolis, MN 55403
laster Drive N.E.
Re: 2908-37th Ave. N.E. Re-: 3005-37th -Ave. N.E. Re: 3716 Maca
r'
American Monarch Corporation
2801 37TH AVE. N. E. • MINNEAPOLIS,MINN. 55421 612-788-9161
•
October 21 , 1987
David M. Childs/City Manager
f
ST. ANTHONY VILLAGE
3301 Silver Lake Road
St. Anthony, MN 55418
RE; East parcel of American Monarch Corporation property
Dear Dave;
In April the Board of Directors of American Monarch Corporation
made a decision to basically limit total employment at our present
facility to 200 employees. In line with that decision, I have been
directed to pursue the sale of the approximate 12 acre between our
building and the AMOCO station.
We have done some preliminary work and it appears that there is a
market for the piece of property at a price that is attractive to
American Monarch Corporation. In talking to several Real Estate
agents, we have told them that in our opinion, the City of
St. Anthony would not approve a fast food. restaurant or similar
type business establishment that can be considered a nuisance to
the residents across the street. The realtors feel that the site is
ideal for a professional type building such as a Medical/Dental
Clinic or similar type office building.
As you know our present structure is approximately 60,000 Sq.Ft.
of manufacturing which would require approximately 170 parking
spaces. The present parking facility is 128 on American. Monarch
property and 100 additional spaces are on property that we lease
from the Soo Line on a year-to-year basis. American Monarch has
additional property to the West of our building that could be
used for 20 more spaces , Giving us a total of 148 against an
ordinance requirement of 170. At the present time, American
Monarch has 113 employees of which 75 are Production. Of those
75, 7 are on the Second shift which means we have a First shift
of 106 people.
i
� 1
David M.Childs
East Parcel
October 21 , 1987
Page 2
To double our present production we would probably add 10 people
to the First shift, 60 people to the Second shift and add additional
office staff of 10 to the First shift which would give us a total of
125 people on the First shift and 70-75 on the Second shift. This
means we could provide one (1) parking space per employee per shift
under the existing American Monarch owned parking facilities. We
would appreciate .the opportunity to discuss .our plans with the
Planning Board and Government Bodies which should be involved before
we pursue the sale of the property.
Needless to say, I will be available at the convenience of the
Boards to review our plans with the hope of obtaining the necessary
variances so that the property in question may be used to create
additional employment and add economically to the City of St.Anthony.
Very truly yours, •
Edward J.Fiore
Vice President/General -Manager
cc: Miguel G.Mendoza
Chairman of the Board
American Monarch Corporation
Jess S.Barber
President
American Monarch Corporation _
EJF/tg
0 to �g7 �
In reference to State Statute 624 . 24 which the City Attorney had researched
for the City in 1976 , he said there is apparently no awareness on the part
of City officials or disco operators in the other municipalities .of such
restrictions on this type of activity as are detailed in this statute.
Though the existence of such st?tu+-e might actually aid the City in the
control of such an acti,:Tity, the Manager questioned whether the City
Council would be placed in a tenous position of condoning non-.enforcement
of the statute if the City ordinances were altered to permit the operation
of the dance hall.
Motion by Mr. Bjorklund and seconded by Mr . Marks to indicate to the
Council the Board's general approval of the concept of the proposed teen
dance center if Mr. Baer is able to get an indication from state officials
that such a center is permissible under Statute 624 . 24 and as long as City
approval is subject to the retention of at least one uniformed policeman
inside the building; the area around the center is supervised and cleaned
up and the City is adequately protected from liability .
Motion carried unanimous iy.
Ken Johnson, 1927 Simpson, Roseville , who operates the Burger Chef restau-
rant, 4004 Silver Lake Road, presented his request that he be allowed to
substitute for the existing 75 square foot sign on top of his building the
franchise ' s new logo which is only 43 square feet. He also asked that the
10 foot sign he now has along the driveway be relocated on top of the
building where it could direct customers to the drive-up window which will
be added when the building is remodeled. There will be no "flashing
—� lights" in the signage but rather the new lexan sign for which he showed
site plans will be internally lit.
Mr. Johnson told the Board he had been issued a permit in 1969 for a 100 j
square foot sign which the City requested be put above the building and the j
signage was reduced last year to 75 square feet.
Motion by Mr . Bowerman and seconded by Mr. Jones to recommend that the
Council allow Ken Johnson to make the requested change in signage for
Burger Chef, 400.4 Silver Lake -Road, as per the plans he submitted as long
as the total area of signage is not exceeded , finding that it would appear
to be unreasonable to deny the variance to the Sign Ordinance for the
change since the proposed sign brings the signage for Burger Chef into
closer conformance with the City ' s current sign philosophy and a hardship
to Mr. Johnson might result from forcing him to retain the old signage.
----Motion carried unanimously.
Edward J. Fiore of American Monarch Corporation, 2801 37th Avenue N.E. ,
appeared to discuss with the Board the projected need for 25% more floor
area within his. existing plant for which he presented conceptual drawings
for the proposed expansion of the building. These included plantings
which he said had been suggested by the City Manager to provide relief from
the elongated line of the building which he admitted will "resemble an
_O airplane hangar" .
The plant manager told of efforts of his company to secure more land for
parking in the- rear from the Soo Line and detailed the steps he is prepared
( 3)
i
f
r'►P
his employees from arkin adjoining residential ('
to take to prevent . p g on 7 g.
streets especially during- the construction period. He estimated the ex
pansion plans will create a need for from 200 to 240 ,parking spaces and
the drawings indicated parking faci-lities on the east . side of the building
which can be developed if negotiations with the Soo Line are unsuccessful .
Mr. Klick said he had lived across 37th Aveneu from .American _Monarch for
four years and had been surprised at the few complaints the -neighbors had,
voiced regarding on-street parking by employees of the firm. Mr. Fornell
agreed that there had been an improvement in the past few years .
Placement of the time clock will determine the parking habits of most of
the employees, Mr. Fiore said, and he promised to communicate to the
neighbors his company' s request that they direct any complaints regarding
parking of employees to the company rather than bother the City police .
The general consensus of the Board appeared to be favorable to the concept
as Dresented.
Mr. Rymarchick reported receiving several inquiries regarding the adver-
tised sale of the lots on 33rd Avenue N.E . and Silver Lake Road which are
owned by the School District especially as to what type of development
would be accepted there .
Tom McMullen, I .S .D. #282 ' s Corrmunity Service Director, gave a status
report on he sale of I . S .D. 282 lots at 33rd hvenue N.E . and Silver Lake
�J Road. He did not anticipate an immediate sale , however, because inabily
J to locate some pertinent documents was delaying the clearance of title -
and suggested the Board might invite Mike Sullivan, Finance Director of
District °282, to tell there how the bids for the property are being
handled and whether such bids may be accepted on contingencies that the
zoning of the property from R-1 , single family dwelling might be modified
by the City to allow multiple or two family dwellings .
Board members noted they had not been notified of their reappointment to
the Board for the coming year but, assuming this to be just an oversight,
took the following actions to reorganize for 1979 :
Motion by Mr . Bowerman and seconded by Mr. Rymarchick to hold an election
of officers to serve on the Board for 1979 and to nominate George Marks
as Chairman and Dick Klick as Chairman Pro Tem.
Motion carried unanimously .
Both indicated a willingness to serve in these capacities .
Motion by Mr. Bjorklund and 'seconded by Mr . Bowerman to close nominations
and declare the nominees to be elected .
Motion carried -unanimously .
Mr . Klick- then complimented Mr . Rymarchick and Mr . Marks for their leader-
./ ship of the Board the past year when he felt meetings had been handled
tremely well under very trying circumstances in some instances . Other
(4)
i
CITY OF ST. ANTHONY
)• PLANNING BOARD MINUTES
I
February 20 , 1979
I
The meeting was called to order by Chairman Marks at 7 : 30' p.m. j
Present for roll call: Klick, Marks , Bowerman, Sopcinski , Rymarchick;
Bjorklund and Jones arrived at 7 : 37 p.m.
I
Also present: Jim Fornell, City Manager
Ron Berg, Administrative Assistant
The minutes for the Board meeting held January 16th were corrected to de-
lete the sentence in Paragraph 3 of Page 3 referring to the 10 foot
directional sign along the Burger Chef driveway.
Motion by Mr. Bowerman and seconded by Mr. Sopcinski to approve the minutes
for the January 16 , 1979 Board meeting as corrected.
Motion carried unanimously. 1 1,
Mr. Klick will represent the Board at the Council meeting to be held
February 27th.
At 7 : 35 p.m. Chairman Marks opened the Public Hearing on variances
necessary for the proposed expansion of the American Monarch plant at 2801
37th Avenue N.E.
The Manager confirmed that all filing and notification requirements for
such a hearing had been met and no one present who should have received
such notice reported failure to receive same .
However, one resident, Stanley Worwa, 3628 Belden Drive said he objected to
the contents of the notice since it failed to address the question of
where the plant ' s employees will park during the construction period.
Mr. Fornell told him that question did not involve a variance per se .for
which a Public Hearing is required by the City Zoning Ordinance but would
certainly be a vital aspect of the Board' s consideration of the proposal .
He also told Mr. Worwathat one of the supporting documents furnished by
American Monarch for their Petition for Variance had been the "Parking
During Construction" which specifically noted the 'streets in the area the
firm anticipates utilizing for off site parking under strict company super-
vision from April through July while the new parking lots are being con-
structed.
The Chairman then read that document and the amended notice of the hearing
which informed the residents within the required distance from the plant
of the variances which would be required under the Zoning Ordinance for
the proposed expansion of the plant including the rear yard variance which
a new survey had indicated would be needed.
Edward J. Fiore, American Monarch Manager, then reiterated the justifica-
tions which had been detailed with his Petition for a Variance for the
i
granting of the variances which will permit construction of a 265 x ,80 foot
addition on the west side of the existing building for which he had fur- • f
nished site plans for both parking and landscaping as requested .by Mr.
. Fornell . He also discussed. the lease with the Soo Line Railroad (a copy
of which was included) which will provide his firm with an additional 56
feet _ to the rear in which parking can be provided for the bulk of the
employees vehicles and .told the Board of his firm' s plans to erect a four
foot chain link fence required by the railroad which he saw as a prevention
of vehicles from Apache .crossing American Monarch property as is now done
and .a resultant lowering of the incidents of vandalism now experienced.
His presentation included plans for snow storage in that area as well as
storm water drainage which were specific concerns of the Board, as well as
details of the addition to the building in two segments of 10, 000 square
feet on each side of the building. He concluded by telling the Board .that
not allowing the proposed parking plans could result in the "end of
American Monarch in St . Anthony" because of the 35% increase in production
projected by their customers . He replied to Mr. Fornell ' s query about
whether the company would proceed with the first segment of the expansion
proposal if the variances necessary to the second were not allowed by say-
ing he thought that decision would have to be closely considered in - view
of the $700 ,000 investment at stake.
Before the Public Hearing was closed at 8 : 32 p.m. , there was a lengthy dis-
cussion of the manner in which Mr. Fiore intends to keep his employees
from becoming a nuisance to the area' s residents during the construction
period and Mr. Worwa said he was satisfied with the company ' s plans for
company enforcement of the regulations they had set for such parking and
Mr. Fiore ' s later agreement that it might be best to have supervisory an*
administrative employees use the off site parking areas where they could
provide supervision of other employees .
During the period preceding a decision on the proposal Mr. Fiore told the
Board he anticipated no problems with parking for his employees even with
the second phase of expansion since so many of them are from the immediate
area and either walk to work or double up on transportation to the plant.
Mr. Bjorklund was concerned that easements on the. property had not been
identified in the new survey.
Mr. Jones questioned whether the number of employees projected for the
expansion might exceed that number thereby requiring additional parking
spaces , and Mr . Rymarchick expressed his concern that the lease with the
Soo Line could be terminated and parking space to the rear diminished. Mr.
Bjorklund wanted it understood the property to the east of the existing
building could not be used for expansion if the lease termination should
make parking inadequate if the addition were built.
Mr. Fiore responded by saying the "onus" is on the corporation to provide
adequate parking for its employees- who will apply internal pressures to see
they are provided parking spaces .
y� Mr. Fornell thought the City could possibly handle the matter of inadequate
parking if the employee growth. outstripped the projections through enfor
ment of parking on off site locations .
(2)
Following these assurances., Mr. Rymarchick said tie would move for a recom-
40 mendation of approval of the proposal under the assumption that the .City :I
will get full cooperation from American Monarch regarding off site. parking .f(
during the construction period as indicated in their proposal .
1
Motion by Mr . Rvmarchick and seconded by Mr. Klick to recommend Council
approval of a seven foot front yard .parking setback variance to provide two
additional parking spaces and a lT foot front yard building .setback vari-
ance to allow the proposed expansion to be compatible with the symmetry of
the existing building, a 15 foot rear yard setback variance as well as a
parking setback variance of 10 feet along the entire rear lot line , and
finally, a one foot variance to the parking space. size requirements which
will allow nine instead of 10 foot wide parking spaces as well as the
variance necessary for 30 more parking spaces than permitted by the Zoning
Ordinance for the proposed 80 ' x 265 ' expansion of the American Monarch
plant to the west, finding that : (a) granting these variances will relieve
the updue hardship caused by the pie shape of this parcel and its parti-
cular physical surroundings and topography (b) the purpose for these ,
variances is not based exclusively upon a desire to increase the value
or income potential of the parcel but is unique to the existing .tenant and i
(c) great difficulties and hardships for the tenant might result if vari-
ances are not granted. The granting of the variances is however subject
to the following conditions :
1 . Further expansion than is presently proposed will not be
permitted without assurance of a long term lease with the
Soo Line which provides adequate off street parking .
2 . American Monarch cannot dispose of the easterly portion of
their property which must be kept to provide adequate parking
should the Soo Line lease be terminated.
3. Landscaping shall be provided as per the plans presented
from Freeburg Nurseries and will be subject to review by the
City Manager.
4 . Investigation by Staff of easements as referenced in the legal
description of this property.
Voting on the motion:
Aye : Jones, Klick, Marks , Bowerman, Sopcinski and Rymarchick
Abstention: Bjorklund
-- Motion carried.
Mr. Fornell gave -a status report on the Comprehensive Plan for the City
telling of the extensive commitment of time to the study. He anticipates
the , Plan will be ready for Board review sometime in. April .
The Johnson Florist litigation should go to court. within the next few
months ,' the Manager. told Mr. Klick . He also reported a meeting with . the
Johnson' s attorney this week . At the request of Mr. Jones the details of
the possibility of relocating the Apache Liquor Store and/or Bar were
(3).
i
• <, CITY OF ST. .ANTHONY „
COUNCIL MINUTES
February 27.,. .1979
The meeting was called to order at 7 : 35 p.m: by Mayor Haik.
Present for roll call-: Sauer, Sundland, Haik, Ranallo -and Letourneau.
Also present: Jim Fornell, City Manager
Bill Soth, City Attorney
Ron Berg, Administrative Assistant
Carol Johnson, Clerk/Treasurer
Larry Hamer, Public Works Director
The minutes for the Council ' s February 13th meeting were corrected as -
follows :
Page 7, Paragraph 2 : Reference to the President' s guidelines
should have been for "70" rather than "6%"
Motion by Councilman Ranallo and seconded by Councilman Letourneau to ap-
prove the minutes for the February 13, 1979 Council meeting as corrected.
Motion carried unanimously.
Dick Klick appeared to discuss actions taken and recommendations to the
Council made by the Planning Board during their February 20 , 1979 meeting
as reflected in the minutes of that meeting.
He reported the major action taken was regarding the expansion plans for
American Monarch, 2801 37th Avenue N.E. A recommendation of Council ap-
proval of all variances necessary to the proposed 80 ' x 265 ' plant .expan-
sion to the west was made subject to conditions set by the Board to assure
adequate parking and landscaping.
The Board representative said because the new survey of the property had
not indicated utility easement locations, one of the conditions was the
investigation by staff of the reference in the legal description to such
an easement.
Mr. Fornell reported there is a 45 foot wide easement for a 33 inch storm
sewer line which abuts the building on the east- and which might prove a
hindrance to the firm' s future expansion plans in that direction as detail-
ed in the application for the variances from American Monarch . -
Duane Duerre, 2606 37th Avenue .N..E. , was the only resident present to
speak for or against the proposal . He said he had been unable to attend
the public hearing on the expansion but his daughter had been in attendance
and reported she understood that the parking .on 37th Avenue would increase
and the street .would be posted..for only American Monarch employees .
`J0 Edward J. Fiore,, American Monarch Manager, explained to him that the firm
was only proposing employee parking on specified side streets under strict
management supervision for only the period when the new parking lots are
' I
be constructed.. Mr . Fiore assured Mr. D•aerre that he could expect a f
response within hours of any .complaint about employees parking, since r ib
sidents wi annoyance requested to direct 'any..reports of anno ance to him per
sorially. He said he has been especially vigilant regarding his employees ': ;
parking and doubted the two parked cars Mr. Duerre complained about be- - �
longed to his employees . The plant manager said his firm now has adequate
parking spaces for its employees and there will be. 250 parking spaces
provided to accomodate the increase in personnel with the expansion.
However, since a, major number of the new parking locations will be on the
land to the rear of the building American Monarch has leased. from Soo Line ,
the City Attorney cautioned the Council that the leased strip "cannot be
counted as part of the site and there has to be land .available for adequate
parking at all times even if additional land is leased for that purpose" .
Motion by Councilman Sundland and seconded by Councilman Sauer to grant
(as recommended by the Planning Board) a seven foot front yard parking
setback variance to provide two additional parking spaces and a 17 foot
front yard building setback variance to allow the proposed expansion to
be compatible with the symmetry of the existing building, a 15 foot rear
yard setback variance as well as a parking setback variance of 10 feet a-
long the entire rear lot line , and finally, a one foot variance to the
parking ' space size requirements which will allow nine instead of 10 foot
wide parking spaces as well as the variance necessary for 30 more parking
spaces than permitted by the Zoning Ordinance for the proposed 80 ' x 265 '
expansion of the American Monarch plant to the west, finding that: (a)
granting these variances will relieve the undue hardship caused by the pie
J shape of this parcel and its particular physical surroundings and topo
graphy (b) the purpose for these variances is not based exclusively upo
a desire to increase the value or income potential of the parcel but is
unique to the existing tenant and (c) great difficulties and hardships for
the tenant might result if variances are not granted. The granting of the
variances is however subject to the following conditions :
1 . Further expansion than is presently proposed will not be permitted
without the insurance that adequate off street parking is provided
on property that is owned by American Monarch.
2 . Landscaping shall be provided as per the plans presented from
Freeburg Nurseries and shall be subject to review by the City
Manager.
3 . The sanctity of the storm sewer easement to the east of the ex-
isting building is to be preserved.
Motion carried unanimously .
Mr. Klick concluded his presentation by reporting the balance of the
Board' s meeting was devoted to consideration of proposed changes in the
:City ' s' Sign Ordinance which had been provided by Mr. Berg , for ,which he
commended the Administrative Assistant, and the continuing education of .th:
:.;Board in the planning processes .
The meeting was recessed from 7 : 55 p.-m. to 8: 00 p.m. when the. Mayor . op d
the -Publi - Hearing on Street Improvement Project 1979-001 , the rebuilding
of EIighcrest Road from 37th Avenue N .E. to the intersection of Old Highway
(2)
1
C= TY O F S T e ANTHONY .
• COUNC = L - M=NUTES
S E P T EMB E R 8 1 9 8 7
1 The meeting was opened with the Pledge of Allegiance led by Mayor.
2 Sundland.
3 Present for ' roll call: 'Marks , Sundland, Enrooth, Makowske.
4 Absent: Ranallo. -
5 Also present: David Childs , .City Manager.
6 Sympathy Extended to Rita Ranallo' s Family
7 Mayor Sundland reported Councilmember Ranallo had ' been called to
8 California by the sudden death of his father-in-law and expressed the
9 Council ' s sincere condolences to Rita Ranallo and her family.
10. AUGUST 25 , 1987 COUNCIL MINUTES
11 Motion by Marks, seconded by Makowske to approve as submitted the
12 minutes: ofthe Council work session where Peggy Swonger was interviewed
13 for service on the Eastside Hennepin County Human Services Committee .
14 Motion carried unanimously.
kMotion by Marks, seconded by Enrooth to approve the August 25th Council
16 meeting minutes with the following changes:
17 Page 4-; line 15 : Insert "Medtronics" at the' end- of the line.
18 Page 8 , line 31 : Substitute "not" for "no" between "but" and
19 "in" as well as in other portions of .the min-
20 sites where the word processor had made similar
21 errors.
22 Page 17 , line 12 : Eliminate extraneous "m" between "evening"
23 and "but" .
24 Page 17 , line 31 : Substitute "indicated" for "indicate" between
25 "also" and "just" .
26 Motion carried unanimously.
27 LICENSES/PERMITS/PETITIONS
28 Motion. by- Marks, . seconded by Makowske to grant the following licenses.
29' as listed. in the - September 8-,, 1987 Council agenda packet:- ,- .
30 Contractors
31 Seviola- Construction, Blaine
32 Streiff.- Industries , . Danbury
033 Heating
34 Comfort Mechanical
1
l Motion carried unanimously.:•
2. Temporary 3 . 2 Beer .Permits
3 Motion' by- Sundland'' seconded by Enrooth to grant the-' above permits
4 to the following in accordance with the applications included in
5 the September 8 , 1987 Council agenda packet:
6 *Todd Hertog, 2601-32nd Avenue N.E. , for the Unisys
7 Department picnic to be held in Central Park from
8 9 : 00 A.M. to 10 : 00 P.M. , September 12 , ,1987 ;
9 *Chairpersons of the 1988 St. Charles Mardi. Gras for the
10 annual Mardi Gras event to be held February 14 , 1988 , in
11 the St. Charles Borromeo School building at. 2727 Stinson
12 Boulevard: -. .
13 Voting on the motion:
14 Aye: Sundland, Enrooth, Makowske.
15 Nay: Marks.
16 Motion carried.
17 KIWANIS PEANUT DAY GIVEN COUNCIL O.K.
18 The above request was moved up on the agenda. Dave Bordwell, .St. •.
19 Anthony Kiwanis Club . President, asked permission to conduct his
20 organization's annual- fund raiser on St. Anthony street corners
21 September 25th. , The Kiwanis President accepted donations from. Council
22 and staff ' members while Carol Adelmann Linders , .Northeaster Editor,
-23 took pictures .
24 Council Action
25 Motion by Marks , seconded by Makowske to authorize the annual Kiwanis
26 Peanut Day fund raiser to be conducted on St. Anthony streets , all day,
27 September 25 , 1987 .
28 Motion carried unanimously.
29 CLAIMS
30 Motion. by Marks , seconded. by Enrooth to approve payment of all verified
31 liquor accounts -payable for. - August, 18th and City accounts p.ayab.le for
32 August.* 31st and September 8th, as listed in the September 8 , 19.87
33 Council agenda packet. -
34 Motion carried unanimously.
2
i1 Motion".by Makowske-, seconded - by. Marks to: .approve. -payment-.of -$2 , 327 . 80
2 -to the- Briggs''and Morgan law . firm for: professional services through
3 July 31-, -'1987 ,-,- provided in conjunction with, -the .City' s law suit
4 against the U.S." Army et al as related to 'St. . . Anthony Is water, con-.
5 tamination problems.
6 Motion carried unanimously.
7 Contractor Payment• on Liquor. Store Delayed
8 Councilmember Enrooth : indicated he perceived - the „ above action was
9 justified because he had .observed there had been no construction on the
10 site for some time. He said he recognized that the inability to get
11 delivery on the necessary bar joists and structural steel might
12 account for part of the delay, but the contractor ' s absence from the
13 site altogether hadn' t helped them to meet the contract timetable. Mr.
14 Childs said he had been told. the crews would be starting the cement
15 work the next morning but agreed the delay of payment might provide
16 further incentive to get the job done.
17 Council Action
18 Motion by Enrooth, seconded by Makowske to table action on the Fuller-
19 ton Lumber Company, August 27 , 1987 billing for $30 ,970 . 00 until the
20 Council ' s next meeting, September 22nd.
�1 Motion carried unanimously.
22 Motion* by Enrooth, seconded 'by Makowske to approve payment of -
23 '$25 , 184 . 66 - to PYA/Monarch•, Inc . for the fixtures and bar equipment and
24 furniture they had provided for the Stonehouse remodeling project, with
25 that amount to be paid from the Liquor Fund.. .
26 Motion carried unanimously.
27 Motion by Marks, seconded by Enrooth to approve payment of $3 , 162 . 50 to
28 BWBR Architects for construction administration on the Stonehouse/Li-
29 - quor Addition Project.
30 Motion carried unanimously.
31 Motion by Marks, seconded by Makowske to approve payment of $545 . 97 to
32 the Dorsey & Whitney law firm for legal services rendered during July,
33 1987 .
34 Motion carried unanimously.
35 Motion by Marks ; seconded by- Enrooth to approve payment of $24 , 611 . 60
36 to 'Hennepin County for services. rendered by the County Assessor under
37 the -September , 1987- contract.
038 Motion carried unanimously.
3
1 Motion by -Mark.s., `seconded by Enrooth to approve. payment' of. $5 ,:300_::_00 "to
2 the Layne Minnesota Company- for-,..turnace control panel for well #5.: ..,.
3
4. Motion carried unanimously. _
5 Motion by Marks; seconded by -Makowske to approve payment of $1 ,.165 . 96
6 as the City' s share of costs for work performed and expenses- incurred
7 in connection with the consult'ing 'services provided-'by Bruce A. Liesch.,
8 Associates, Inc. related to the identification of the origin of the
9 water - plume-which had contaminated- St. Anthony' s 'water suppiy.
10 Motion carried unanimously.
11 REPORTS
12 There were no Council- reports- that evening.
13 DEPARTMENTS AND COMMITTEES
14 The August liquor Sales Summary was noted and ordered filed as informa-
15 tional. -
16 CITY MANAGER REPORTS
17 September 1 , 1987 Staff Meeting Notes
18 The following responses were elicited from the above:
19- Childs indicated he perceived Bill Myers should . be congratulated
20 for inducing the bus stop bench owners to let the Fire Department
21 put fire safety messages in unused ad space on those benches ..
22 Sundland was. reminded that he wanted . to offer his commendations to
' 23 the members of the Fire and Police Department whom he had observed
24 showing both care and comfort to the elderly woman who had col-
25 lapsed at Bakers Square the previous Sunday evening and her hus-
26 band who was understandingly very concerned. ' The Mayor reported
27 the two departments had responded to- the emergency call very
28 rapidly and the . policemen, who arrived first on the scene, and
29 the firemen, who followed close behind, had performed in what he
30 considered to be "just an' 'excellent manner. " Mayor Sundland said
31 the victim had to be taken to the hospital and all the personnel
. 32 at the scene- had done everything they could to make both the. wife
33 and husband less frightened about that.
34 Childs reiterated that Councilmembers would be photographed ,for
35 Civil Defense ID' s prior to the September 22nd' Council meeting;
. 36 told Councilmember Makowske -the temporary'.. receptionist ' s name. is .
. 37 Sandy Levine;
4
1 announced that as -of- that date. the sprinkling .ban -had -bee.n_ lifted. .,
2 for' St. Anthony and a message to that effect had .been posted.:,. on.
3 the Kiwanis- announcement.'board.
4
5 Makowske indicated she would like to have the joint .meeting of
6 the Council and School Board the following evening .replace this
7 message for the next day since although -there would probably be no
8 decisions -made, the meeting is..open to the public, many of whom
9 have expressed a real interestiin. hearing what both sides have to
10 say regarding the future use of the Parkview building.
11 Enrooth agreed, saying,- aithough this would not .. be a public. hear-
-12 ing where public input would be sought and the facilitator would
13 keep the discussions on the subject, the effort should be made to
14 let the residents know what is happening;
15 said he perceived that even though a consensus might not be
16 arrived at during the meeting, at least -both sides. would have
17 gotten a sense of direct-ion for subsequent negotiations.
18 Sundland indicated that at least he expected after both sides had
19 stated their positions and the City had reported just how much it
20 would cost to move all City services into Parkview, the School
21 Board would offer some options for making that move feasible;
•22 said he intended- to go with an open mind' to hear what the School
23 Board had to offer .
24 Marks commented- that he had found quite interesting the way
25 those negotiations had evolved from an offer which he thought had
26 been more than reasonable at the first., followed .by an offer. that
27 ' was not nearly as good before the City had even had a chance to
28 come to grips with the initial proposal;
29 said what the school is advocating now could almost be' seen as a
30 "non-offer. "
31 Enrooth said his understanding was that whatever the School Dis-
32 trict gets from the property cannot, under state statute, be
33 utilized in terms of spendable capital as the school wants , but
34 can only be used for debt reduction or go to the state.
35 Childs_ indicated that was what the Council had been told initi-
36 ally but he wasn'-t certain that was how the school' s new Finance
37 Officer perceived the issue.
38 Makowske jokingly said she thought the Council should go . to the
39 meeting with "open- minds but not holes in their -heads" .
40 *Metro-, .Council Seeks City Input In Process for Revising Their
41 Transportation Policy Plan
5
i� 7
1 Mr. -Childs had included the. Summary'-,of, Assumptions , .Goals , -Philosophy,
2* Regarding - the. :Regional- Transportation .System. in- the. - agenda packet, for.
3 the ,Couftcil' s information: He :.requested any .comments. or suggestions
4 they might have be- submitted to 'him to relay to the Metro Council for.
.5 inclusion --in .the initial - .draft of ;the plan which will be forwarded .to .
6 the Regional Transit Board for review. .
7
8 *Council :Supports Crystal' s Request to Use County's Sca-les. and Person-
9 nel for the Maple .-Grove Compost Site
10 Mr. Childs - had included Crystal Councilmember Langsdorf ' s August 27th
11 letter to the Association of Metropolitan Municipalities- requesting, AMM
12 membership support. of Crystal ' s „ request by - - pa ssage of the resolution
13 attached to. her letter. The Manager explained that the County
14 Sheriff had a portable scale which might .be used when not needed in the
15 fall if Hennepin County found the installation of a temporary scale at
16 the site cost prohibitive. He also pointed out that it was the Crystal .
17 Councilmember ' s contention that since the County had mandated 160 of
18 material from_ the solid waste stream be removed by the cities by 1992 ,
19 they should be willing to provide the necessary aids to achieve that
20 . goal.
21 Mr.. Childs said -St. Anthony has a place to- weigh its trucks but he
22 agreed it made. sense for the County, who is pushing so hard to get
23 recycling, to furnish the scales and manpower to cities who do not so
24. they can meet the County';s goals. However, he perceived a letter of
25 support from the St. Anthony City Council might get that message. across•
26 as well as the resolution the Crystal official had attached to her
27 letter. -
28 There was general -agreement that the letter of support should be .
29 written. Councilmember Marks said he thought. it was much better for
30 cities to compost- rather than to fill up the landfills with natural
31 waste materials and he would certainly support any effort .-to get that
32 done ' Councilmember Enrooth agreed that the City' s letterhead should
33 carry as ,much weight as a resolution in this case.
34 *Residents ' Perceptions of Their City to Be Sought
35 ' As reported in the Staff Notes , Mr. Childs said he . had discussed the
36 above with Decision Resources Ltd. ,- who had indicated they would do a
37 400 call survey containing 60 questions which would .explore just how
38 the residents felt about their . City, its services , streets , and.
39 Councilmembers and would solicit their suggestions for making St.
40 Anthony a better community - in which •to live.- . The Manager .said .the
41 ' Decision Resources representatives had - contended that 400 :.calls would
42- - provide .a statistically valid. response to those questions and insisted
43•• a better response could Abe expected 'from that number of phone calls
44 handled' in the manner their firm handles them than to mail surveys to
45 everybody' in St. Anthony, which would be necessary : to .get the desired
46 response.
•
6
i
w1 The. Manager indicated that tie:-perceived whether the Council goes. with..
-2 :.this particular firm or not ,:..they should be . .g.iving serious ,considera- .
3 tion•. to updating the survey which-.,had been done in .either . 1978 or 79 .
4 He also'=:indicated one - area of information the . .Council might want to .
5 pursue :would: be, to-find out j ust how .many homeowners over...5*5 intend to. .
6 stay in their homes as they get older -because some - of .the assumptions
7 made when the redevelopment project was first considered might not have
8 been altogether accurate. - .
9- - Mr.-- Childs said when Decision- . Resources made a survey , of .Roseville
10 residents , many of the seniors had indicated they had- no intention .,of.
11 moving out of their homes.. because of. the quality of life they -enjoyed
12 'there-.' A good number had i=ndicated they - ,perceived their homes were. .
13 small enough and new enough that they could .afford to hire any home
14 maintenance help they might need -when they reached the .age where they
15 couldn' t -do those tasks themselves.
16 The Manager asked the Councilmembers how they felt about having the
17 survey done and said if they were in favor of the. concept. he would get
18 further information about the most cost effective method of getting the
19 data they wanted to have included in the survey.
20 - The ,following discussions ensued:
21 Enrooth indicated his greatest concern would be that, with
�22 only a phone survey being done, the people .who were favorably
23 disposed towards the City or those who were. really upset about
24 some issue, would take the 20 minutes it would take ,to answer
25 that many questions.
26 Childs told him the -Decision Resource people had- answered his
27- own concerns about that point by indicating that when they had
28 made similar community needs surveys in Roseville, Shoreview,
29 Plymouth, Inver Grove Heights , Burnsville, and some other .
30 suburbs, the callers had been able to convince those they
31 reached that they were offering them a rare opportunity to
32 say whatever they wanted about their city. . The callers
33 found out that people love to talk about their own communities
34 even to the extent some made arrangements to continue the con-
35 versations at a later time if they were interrupted or had .to go
36 somewhere before they were finished. In a lot of instances the
37 callers had' a hard time getting people off the lines , once they
38 , got started talking;
39 said the survey-.representatives had .told him they had run paral-
40 lel phone and mail surveys- in parts of St:. Paul and found that
41 the opposite from what Councilmember Enrooth feared,- was .true, that
42 it had 'been generally those people who had strong feelings about a
43 specific .issue who -had mailed back a response while most people,
44 once they were on the phone ; not only didn' t hang -up, but were
45 more than willing to take the .time to :answer all the. questions put
�46 to them;
7
1 reported the surveyors- had told him they had -.gotten the impres-
2 sion that people who - had :no .strong feelings about-.City ,gover'nment .
I one 'way or another; jus,t -didn'. t take the time to , return - the.
.4 - questionnaire which h-ad been mailed to them and- perceive
5 . Anthony would be lucky . to -get 400- mailed returns .from the whole
6' City if .the survey were done that way.
7 Sundland recalled that when the survey of the City had been taken
.8 about ten years ago, about a large percentage of the question-
9 naives the scouts delivered and picked up in a few days had been
10 returned.
11 Childs said Decision -Resources had assured him the 400 calls they
1.2 made would .be comprised of a cros's section of ages, incomes ,
13 housing- types, -community location, work background_ and sex, thus
14 providing a statistically valid sample of opinions from the com-
15 munity;
16 indicated the surveyors had said they could. also divide the .City
17 into census districts to allow data to be further broken down; .
18 1
..
19 reported the Council could either develop their own set of
20 questions or could have staff work with the firm on the questions
21 they wanted answered;
22 said Decision Resources -had - told him they would charge $4 , 800 -for
23- the 4.00 calls of 60 questions each no matter how long it takes to*
24 complete.-them -and--to prepare a detailed. analysis of each response ;..
25 indicated the firm- representatives had estimated it would take
26 them about.- 30 days to complete the City project, which would inc-
27 lude about: four days to make the calls , plus. a couple of days to
28 call back persons the callers hadn' t been able to get the first
29 time they tried;
30 concluded by saying, whether the Council chooses Decision .
31 Resources or another- firm to make the survey, or decided to have
32 another in-house prepared survey as ten years ago, he perceived
33 the Council was not working in a vacuum and needed more current
34 indication of how the community perceived its government; and.
35 suggested this project could be considered to in addition to the
36 market research being done for the Kenzie Redevelopment Project
37 and as such could be paid for at least in part from H.R.A. funds .
38
39 Enrooth '.agreed it- was certainly time to have another .survey taken
40 because -the Council might be acting-.on impressions and input about
41 the community which might not- be current ;
42 requested that -the .Manager •check to see.. if there were. .other com-.
43 panies who: did this •same ''type :of .survey and, .if. there were, to
44 get . some competitive bids for the project. •
8
• 1 Sundland 'indicated he would.: be interested.:to: f ind. out .j us.t how the
2 ' residents- felt a bout-' the 'condition their own streets were in. be-
3 cause he recalled-`some of the .Couh'Cil ten years ago had been quite
4 surprised`to have ."a majority: of .the residents respond .to the ques-
5 ' tion in. the survey -dealing -with that same question.- by indicating
6 they thought their streets were' 'in good condition;
7 . commented:-that no matter what the engineers tell the Council
8 - about the: condition. of the .streets, what counts. is what the -resi-
9 dents themselves _ believe_ about their streets because they' re the -
10 ones.- who have to -pay for any reconstruction';
11 recalled most of: the written comments residents had included in
12 that previous questionnaire had been quite negative.
13 Makowske said she .thought` most people in St. Anthony were so
14 _ nice they- just- never complained about things that really bothered "
15 them;
16 as an example, she pointed out the City to this day didn' t have a
17 real accurate count on how many basements had been ruined during
18 the July .23rd storm because a lot of people just figured there. had .
19 been a lot of people in. the same boat-- and "just took it on the
20 chin" without complaining to the City;
1021 said. she. considered a survey would be a good way to find out just
22 what ' s .bothering a lot .of the residents.
23 Marks said the City is in the business of. providing services to
24 its residents and this would be. a good way of knowing what
2.5 services they are" getting; '
26 added, however, that he was somewhat bothered to see the City
27 spend $4 ,800 for this service when the Council had quibbled over
28 spending to support the Youth Service Bureau, which he perceived
29 - also provided a lot of necessary services for a lot . of people in
30 the community.
31 Enrooth disagreed, saying he perceived the City had spent a -lot of
32 money, in that instance on services the City should. not be in the
33 business of providing;
34 agreed the survey.-would be a natural follow up to the market
35 -_ _ study the H.R.A. had done and should be undertaken as such.
36. Marks and Enrooth' both .said they would like to see questions
37 related to recycling included in the surveys;
38 Enrooth said if he were answering such a question, his suggestion
39 would be that the City do something to make-it easier .for resi-
.40 dents to recycle their natural wastes for composts all year round;
9
1' reported the -New Brighton' facility. is "not open at convenient.._ �.
2 times for most people "and ,.only, ,takes leaves in the' fall;
3 disputed'.Mayor Sundland' s. apprehensions I about "mountains .of.
4 compost All over the metropolitan area" by telling him there is
5 - a. areat demand for compost for -mulch and gardening.
6 When'- -' M'r. Childs .' read aloud some.- of the, questions in the :booklet
7 - Decision Resources :had provided,- the : react"ion was that . they addressed
8 many of the ` issues the Council would like'- to see covered - in this
9 survey. The Manager told them -. 'he had copies for- each of 'them:which,
' 10 they — could to tailor a set - of questions - they would like to: see in
11 whatever. survey they select
12 Councilmember Enrooth. said he thought Decisions Resources had a very
13 good_ proposa3 but he still wanted further- data to prove their . claim
14 about the superiority of phone surveys ' was valid. ^ The Manager indi-
. 15 cated" he would be researching that point further and would also dig out
16 copies of previous surveys done in St. Anthony for comparison , with the
17 conclusions of a- new survey.
i8 *Wording fore Resolution. to Include Restaurant Personnel in S.tonehouse
19 Liquor Liability Coverage Accepted by Council
20
21. Mr. Childs had .distributed. copies of the September 4th letter from the
22 agency who provides the above -coverage which reported the misunderstan- •
23 ding - Transcontinental Insurance Company had related ' 'to the necessity
24 for the City to pass an ordinance au.thorizing .the naming of Mannings in
25 the" City' s liquor liability policy:- : The Manager said -he - had since
26 talked to the insurance company and convinced them a resolution would
27 accomplish the same objective of City approval of liability coverage
28 for Mannings ' -waitresses when they serve alcoholic beverages with. the
29 lunches.
30- The wording which the City -Attorney perceived should be included in the
31 . resolution was then read by Mr. - Childs, who asked for a motion which
32 would direct staff to prepare the resolution and at the same time would
33 enable Mannings to. go ahead with the -financing they needed to establish
34 an eating area in conjunction with the Stonehouse Bar.
35 Council Action
36 Motion'-:by Marks, seconded by Makowske to direct "staff to- prepare a
37 -resolution -which says -that "for purposes of City " liability when the
38 City "enters into an agreement .with their tenant in the Stonehouse, , that.
39 '. tenant must be named* as. an additional insured -on the .Ci.ty' s liquor
40 liability insurance pol-icy. "
41 Motion carried unanimously.
10
1 Manager .Remains Hopeful That Cit ' s Lev Y Limit A pp eal Will .Be- Granted
2 The September 2nd -letter from the . League of Minnesota ,Cities .had
3 advised that :most. of the 13:0 cities ' and 29 counties ' ..appeals had been
4 turned down by the . State Revenue . Department, but Mr. Childs indicated
5 that he perceived because St. Anthony had heard nothing .to date,
6 there might still be a chance' St. - Anthony's appeal would be granted.
7 Copies _o,f the letter- which advised ..potential., rebuttals to denials had
8 been distributed - before the meeting along with a copy. of the League ' s
9 ' Executive. Director ' s August 27th letter to. the editor of the St . Paul
10 Pioneer Press responding to the' article the paper had carri,ed,;.which _.
11 had failed to include - the relevant viewpoints of the cities . and
12 counties forced to cope with the new levy limit law. Mayor Sundland
13 - suggested the Northeaster Editor might find these letters, especially
14 the latter, helpful in understanding the impact of the new law on
15 cities like St. Anthony.
16 NEW BUSINESS
17 EPA REQUESTS CITY TO MAINTAIN ROSEVILLE WATER SUPPLY CONNECTION FOR
18 EMERGENCY BACK UP
19 Mr. Childs explained that Mr. Hamer ' s September 4th letter to the St.
20 Paul Water Department had resulted from his discussions with Roseville
21 and the MPCA in compliance with the above. He said the Federal
2 Government had paid for the connection in the first place and the EPA
3 had requested the City sign an agreement with Roseville which would
24 make the connection available all year long in case one of.. the1:.::City' s
25 wells should break* down. Councilmember Marks indicated he`felt a
26 little bit easier knowing all contingencies would be covered.
27 The Manager said Roseville hadn' t seemed to. resent the City not using
28 the connection at all and he perceived the only problem they might have
29 with• a year-round contract might be the meter which they had installed
30 for the City and might need for their own use sometime in the future.
31 It could well cost St. Anthony over. many thousands of dollars to
32 purchase its own meter, he warned. Mavor Sundland said the Council
33 couldn' t complain they hadn' t been warned about the possibility later
34 on.
35 Council Action
36 Motion by Enrooth, seconded by Makowske to authorize the --Public _Works
37 Director to negotiate a, two year extension of the City' s agreement with
38 Roseville to furnish water to St. Anthony with an amendmen:t :to the
39 original agreement which would allow the City to, connect to the
40 . Roseville water supply all year round in cases of emergency rather than
41 just during the summer months .
42 Motion carried unanimously.
•
11
1 ADJOURNMENT
2: Motion by .Makows'ke; seconded. by: Enrooth to adjourn the meeting at, .8 : 3-5 .
3 P:M.
.,,...Motion carried unanimously.
4 Y
5 - Respectfully submitted,
6 Hdlen' Crowe;, Secretary
7
8 Mayor
9 ATTEST:
10 City Clerk
11 :cjk
12 -
13
12
• r
• C=TY O F S T . ANTHONY
COUNC= L .,M=NLJTES .
SEPTEMBER 2,2. o : 3_987 -
1 The meeting was opened .at 7 : 30 P.M.-with -the Pledge of Allegiance led
2 by Mayor Sundland.
3 Present for roll call: Marks , Sundland, Makowske.
4 Absent: Enrooth.
5 Also present: David Childs , City Manager
6 William Soth, City Attorney
7 SEPTEMBER 8, 1987 COUNCIL MINUTES
8 Motion by Makowske, seconded by Marks to approve the above with the
9 following changes:
10 Page 9 , line 1.6 : Substitute "really" for "real" .
11 Page 9 , line 17 : Substitute "affected" for "ruined" .
12 Page 11 , line 28 : Insert "this summer" between "all" and
13 "and" .
14 Motion carried unanimously.
15. LICENSES/PERMITS/PETITIONS
16 Motion by Marks, .seconded by Ranallo to grant the following licenses
17 as listed. in the September 22nd Council agenda packet:
18 Contractors
19 ' Concord Builders, Minneapolis
)0 victoria Builders & Construction, Chanhassen
21 Motor vehicle Starting
22 Dick' s 66 Station
23 Heating ,
24 Advanced Heating & Air Conditioning
25 Motion carried unanimously.
26 CLAIMS
27 Motion- by Marks , seconded by Ranallo, 'to approve payment. of- all
28 verified City accounts payable for September 16th and all City
•29 accounts payable for August 31st and September 22nd as listed in the
30 September 22 , 1987 Council agenda packet..
31 Motion carried unanimously.
1 J
-1 Motion by Marks ,' - seconded by-- Makowske, to: approve two payments of: •
2 $1 , 825. 00 to .the Edward J. Hance . law firm for-- pr•osecution services
3 from July 2' through September 2:, 1987 .
4 Motion carried unanimously.
5 Stonehouse Contractor to be Paid
6 Mr. Childs said he- perceived the contractor had made some progress on
7 the Stonehouse and recommended the August payment, which covered
8 work which the contractor had completed, be paid at this time. The
9 Manager indicated that he perceived for the Council to further delay
.10 payment might -make the situation worse rather than better.
11 Council Action
12 Motion by Makowske, seconded by Ranallo to approve payment of
13 $30 , 970 . 00 to Fullerton 'Lumber for work on the Stonehouse addition
14 during August, 1987 .
15 Motion carried unanimously.
16 REPORTS
17 SEPTEMBER 15 , 1987 PLANNING COMMISSION MEETING - STEVE LONDON
18 Council Authorizes Ordinance Amendment for Second Caretaker Unit in
19 Mini-Warehouse Facility
20 Application: from Ken .Solie and Jerry Cowan, partners in Village
21 Properties , 2916 Pentagon Drive- to amend the City
22 Zoning Ordinance as it relates to mini-warehouse
23 facilities in a Light Industrial District to -allow .
24 two, rather than one, caretaker units in such
25 facilities.
26 Commission London reported the Commissioners had voted 3 to 2
27 Recommenda- against changing the Ordinance to allow the second
28 tion: unit ;
29 said he had agreed with the Chair ' s and Commissioner
30 Werenicz ' perception that there had been no convinc-
31 ing arguments made to show either an overriding
32 security or economic need for the second caretaker
33 unit;
34 indicated he had also shared the Chair ' s concern
35 with setting a precedent for allowing living quar-
36 ters in other City warehouse facilities, although he
37 had .to admit the potential 'for' that happening might
38 have :been "a little vague" ; ;•
2
1 reported Commissioners- Wingard and Madden had no .:
2' problem with allowing additional living quarters
3 where apparently there . have: been no problems with
4 more than. one person living in 'the past.
5 Proponent: Jerry Cowan, 3316 Croft Drive
6
7 confirmed that there is a.. ful1 time caretaker liv-
8 ing. in the unit already approved by:. the Ordinance;
9 said the owners perceived a need to have separate
10 housing for the part time caretaker who would be
11 spelling that caretaker during vacations, weekends ,
12 and at various periods during the day when someone
13 else is needed to oversee the facility operation
14 and provide security for the building;
15 reiterated that the space Village Properties wants to
16 convert to the second caretaker unit had been used by
17 the. previous owner for" living quarters, when he was
18 back, from Arizona;
19 indicated his firm perceived they could have a col-
0 lege student live in the same space and thus avoid
21 using the caretakers quarters when he works the off-
22 hours -the regular caretaker cannot be there;
23 pointed .out-that this was probably the only studio
24 apartment -in St. Anthony and the fact that the space
25 had been used for that purpose for seven years with-
26 out causing problems for the community probably meant
27 there would be no problems in the future.
28 New Information Leads to Council Approval
29 Councilmember Makowske said she was having trouble justifying the
30 extra unit until she had read the minutes of the Commission and
31 Council meetings seven years ago and found the Council had actually .
32 directed the City Attorney . to draw - up an ordinance which would
33 "authorize the construction of the- mini-warehouse facility with
34 residences. "
35 Councilmembers and staff indicated that in light of this new
36 information they perceive the following to be .true:
37 Makowske: thought as long --as-the applicants have assured that the
38 second unit would, be used to only a part time caretaker and
39 not rented out to the general public, the Council should go
40 ahead and authorize the Ordinance amendment.;
41
3
1 speculated that it might have been because there had •
2 always :been a full time caretaker on duty that no break-ins
3 had been experienced;
4 perceived this might be a different situation .than to have
5 living quarters in other warehouse facilities because. this
6 building is located right next to an apartment building.
7 Marks: recalled that the same concerns , that these living quarters
8 might' generate: similar requests for other Light Industrial
9 . facilities , had. been_ raised .during the hearings which pre-
10 ceded the use being included in the City Zoning Ordinance;
11 but
12 pointed out that in the- seven years which had elapsed, he
13 could recall no instance where such a request had been
14 made;
15 agreed that the facility is already in a mixed use zoning
16 district-;
17 confirmed there had actually been a house on a hill on the
18 same site which, of course, had to be removed when the hill
19 was cut down.
20 Sundland: said he could understand where -it would be difficult to •
21 have ' the part time caretaker .stay in the full time care-
22 taker ' s quarters when they are gone on vacation, etc. ;
23 agreed that the facility had actually had 24 hour security
24 ever since it had been built because either Bernard Blanske
25 or his mother 'or brother, who lived in the permitted. unit,
26 were there almost all the- time.
27 Ranallo: asked Mr. Soth whether by allowing this one incident the
28 City would be fac.ing carte blanche permission for other
29 requests.
30 Soth: said anyone else who wants to have a similar use would
31 have to apply for a conditional use permit just as these
32 applicants will have to.
33 Ranallo: indicated he would have fewer concerns then, about granting
34 this request , perceiving the City still had an opportunity
35 to control the use through conditions imposed on each
36 permit.
37 Childs: indicated that with the Council authorization that even-
38 - ing, an Ordinance amendment would be drawn up for three
.39 hearings before the Council, with the applicants being
40 allowed to apply for the conditional use permit, which the •
41
4
• 1 Council.- could _grant at the .same ' time . they held the.-final
2 reading.
3 Council Action
4 Mo' tion' by Marks,.- seconded ' by Ranallo to direct staff to draw-up the
5 amendment of the language in Section 10 , Subdivision 3 , Item 7 of the
6 Zoning Ordinance related to a permitted conditional -use- in-a- Light
7 Industrial zoning classification which had been requested by. Village
8 Properties to allow not more than two dwelling units of not more than
9 600 square feet and one bedroom for use as a residence for- • a bona
10 fide caretaker for a mini-warehouse facility as a conditional use ,
11 where the current Ordinance only allows one caretaking dwelling unit.
12 In granting the request, the Council finds, as did the Planning
13 Commission, that staff had reported receiving no calls either for or
14 against changing the Ordinance prior to the September 15th Commission
15 hearing or Council consideration, September 22 , 1987 , and there had
16 been no persons in attendance at either of these meetings opposed to
17 it.
18 Motion carried unanimously.
19 Councilmembers to Do Individual Investigations Related to American
20 Amusement Arcade ' s Re-quest to Operate an Amusement Arcade at Apache
•21 Plaza
22 Application: from American Amusement Arcades dba Picadilly Circus ,
23 850 Decatur Avenue North, Golden Valley, MN for a
24 Conditional Use Permit to allow operation of an' amuse-
25 ment arcade at Apache Plaza in the space formerly
26 occupied by the St. Anthony off-sale bottle shop. The
27 proposal would utilize the 34 amusement device
28 licenses now held by the Apache owners.
29 Documentation: same as had been presented to the Planning Commission -
30 prior to their hearing, as well as approximately 11-
31 1/2 pages of Commission minutes pertaining to the
32 issue.
33 Proponents: Daniel Heilicher, Norman Pink, and Gene Winstead, of
34 American Amusement Arcades.
35 Dennis Cavanaugh, President of C. G. Rein Company., who
36 manage Apache .Plaza.
37 The Mayor asked for Council reaction to the request, which resulted
38 in;.the following. give and take conversations between the Commission
39 representative, staff ; and the applicants:
40 -Ma*rks asked *f or clarification of the issue, saying he, perceived the
•41 request involved putting a game room similar to the Fun Center next
5
1 to the Apache =Wells are, which would be open: during• the same hours: as •
2 the mall.
3 London reported the applicants had asked that they be allowed to stay
4 open the =same hours as the mall Monday through. Thursday, and to stay
5 - open until midnight on Friday and Saturday nights;
6 said the commission had in their-- final vote- recommended the facility
7 be allowed to be open only during mall hours , fearing there would be '
8 problems with mixing the late night crowds in the arcade and the bar
9 next door.
10 Childs reported the Fun Center ' s permit had been. granted prior -to
11 the passage of the licensing ordinance, but the City reviews .the
12 , licenses every year.
13 Makowske -said she wondered why the Commission had not recommended .
14 prohibiti-ng smoking as well as the service of food and beverages in
15 their- motion;
16 reported seeing 8th and 9th graders smoking in front of the Fun
17 Center and, although she didn' t know whether they also smoked within
18 the establishment, said she would want no smoking to be one of the
19 conditions for granting their permit.
20 London said he guessed the smoking issue hadn' t come up during the
21 formulation of the recommendation, maybe because the Commission had
22 been more concerned about what would be sold in the establishment and
23 the applicants had indicated they allowed no smoking in .any of their
24 other arcades .
25 Cavanaugh said except for a small area considered to .be a smoking
26 area, the entire mall is considered a non-smoking area;
27 added, however, that the mall does not police the smoking outside
28 the mall.
29 Sundland told the applicants that he perceived if there was a large
30 congregation of youths outside the arcade, either in the mall or 'in
31 the adjacent parking lot after the mall closed, he had to assume "you
32 drew them there" ;
33 asked what type of supervision they were prepared to provide on high
34 volume nights .
35 Heilicher told him if problems arose under that type of arrangement
36 they would hire extra security the same as they have done in. some. of
37 their other arcades ;
38 disputed -Commission'. s report regarding the Maplewood facility,
39 reiterating that they had hired off-duty police as extra security •
40 right at the start because this was, a 15 , 000 square foot operation;
6
1 1 said because of: its: size they. did. the same .thing. in Brooklyn Park, .
2 where their Picadilly Circus :has: 22., 000 square feet;
3 'added. that all their other arcades have full . time -managers who are .. . ,
4 well-. : schooled in how to handle kids -and haven' t had any problems
-
: 5 other :than the necessity to deal with a certain type. - of kid who has
6 come there;
7 indicated that if a problem arose someplace. -within- , their
8 jurisdiction, they would see to it that the crowds ,are broken up;
9 reiterated that, although they - had originally asked to have the
10 Apache arcades open as late as they have in other arcades with
11 outside entrances, during their discussions with_, the Commission that
12 request had been reduced to 9 : 00 P.M. on Saturday and Sunday, when
13 kids are out later than school nights as well until the regular mall
14 closing hours on other nights ;
15 indicated the door which opens onto the mall would be closed whenever
16 the mall is closed, allowing access only through the outside door
17 during those periods;
18 told Councilmember Marks they would also like to . keep their
19 establishment open until 9 : 00 P.M. on . Sunday night, pointing out.;
20 that some of their arcades stayed open until 10 : 00 P.M. those nights
�21 in other locations ;
22 added that in the arcades with outside entrances, their
23 establishments stay open until 11 : 00 P.M. on summer nights when there
24 is no school and until midnight on Fridays and Saturdays; all year
25 long.
26 Ranallo Adamant About Having Another Fun Center in St. Anthony
27 The Councilmember stated "for the benefit of the Mayor and other
28 Councilmembers" . that it was . his intention to vote against having an
29 arcade in another shopping center when all the Councilmembers have
30 for years been getting calls from residents complaining about what
31 they see going on in the Fun Center. Councilmember Ranallo said he
32 knew the City police got lots .of ..calls -about the Fun Center, but by
33 the ' time they got around to responding to those calls , there was
34 nothing going on. He said he had opposed a pool hall going in near
35 the Fun Center . and reminded those present that the Council. Chambers -
36 had been -crowded with residents . who joined in that opposition. The
37 Councilmember said he therefore expected that when the residents
38 found -out an arcade was going into Apache., no '.matter what • its .hours
39 are, most of them would be .opposed to it.
40 The Councilmember pointed out that he perceived the Fun Center was
41 . just. .'on the borderline". for closing in spite of. the fact that it is
42 run by . a.- Minneapolis '' police officer who tries his best to keep
1043 control but is -unable to do that all the time,.. causing' many residents
7
1-:: to - question' why, —the.. City..-doesn' t . . close . :the-establishment - down-,
-2:- Councilmember .Rariallo,,.said : i:t .'-was :his. own personal opinion: that to.
3 put another amusement arcade �in this location, would only result .in.
4 "lowering 'the class in: S.t.: Anthony;: He also indicated: he- was
5 - 1'really surprised that the : . Apache management. wanted to put a.
6 loitering. place for children in their center where, they . haver .
7 beautiful _stores like Herberger ' s and Penneys . "
8 Attorney Advises . City Doesn' t Have to . Grant. Each 'and Every Request.,
9 for -a .Conditional Use Permit
10, Cavanaugh - said it was his understanding that. amusement arcades are
11' permitted conditional uses which had to be granted but which could
12 have some restrictions put on them;
13 therefore, he perceived the Council was not able .to keep the arcade
14 from coming into his shopping center.
15 Soth told him that was not completely true;
16 said although amusement arcades are a use permitted only by a
17 conditional use permit, the Council has some discretion in granting
18 - conditional use permits . In other words, it' s possible to deny a
19- conditional use permit because there ' s nothing to say each and every
20 request for a conditional use permit has to be granted; .
21 added that if granting such a permit were automatic, there would be •.
221 nothing to discuss that evening, except the conditions .
23 Cavanaugh indicated there had- been other requests made for similar . . -
24 operations in Apache which he had turned down, but accepted Dan
25 Heilicher ' s proposition because the Apache management knew it was a
26 high quality type of operation held in high regard' and would not be a
27 detriment to Apache Plaza;
28 indicated 'he perceived the Commission had been mostly concerned about
29 the arcade ' s proximity to a bar;
30 pointed out that in 1983 and 1984 a game room in which food had been
31 sold had been operated 150 feet .away from the liquor lounge in Apache
32 and they had virtually no ,problems with. that;
33: in' regard to the security, indicated that in addition .to -the security
34 Mr. Heilicher would be providing, Apache has 24 hour security;
35 reported that typically, every hour , on the . hour the- security goes
36 outside and cruises_- the - parking lot and . "if they see . anybody. ,
37: loitering outside any store ,- they break up the congregation. " ;
38 told the- Council 'he was requesting the - arcade -be allowed to stay
39 open Saturday and Sunday nights until 9 : 00 P.M.
8
• 1:.- Makowske Doesn' t Believe,.Arcade Would Contribute to the Welfare of
.2 the Community
. 3 . .The. .Councilmember indicated. that; .-.based on her. knowledge of the
4 . problems the. ..City has had with the: Fun Center,_ she -really -questioned
5 the -replies ahe .applicants ' had made to the last two questions on the
6- application form because, in her opinion, this arcade might also be
7 "detrimental .to.: :the welfare of -persons residing or working in the
8 vicinity" and: :could not be expected to "contribute to the general
9 . welfare of the -neighborhood or community. "
10 When she indicated she. •had been .puzzled about the _two abstentions **on '
11 the -Commission vote, ' Commissioner London told her:
12 with the exception of Commissioner Madden, who liked the' idea of
13- being able to take his grandson to play pool somewhere other
14 than a bar, the Commissioners had basically been quite hostile
15 towards granting the permit;
16 indicated the "nay" vote had come from Commissioner Werenicz ,
17 who didn't care for the motion which had finally been hammered
18 out because it had not contained a prohibition of pool tables-,
19 perceiving that, with pool . tables right next to a bar, there
20 could not help but be problems with a mix of patrons in both
21 establishments;
022 said a majority of the Commissioners were swayed by Commissioner
23 Werenicz ' : 14 year experience as a police officer. and .the. results
24 of the survey he had made of- 8 of the police departments in
25 communities. where American. Amusement had arcades which indicated
26 that-, in spite of. the fact that the company "did a good Job of
27 managing, their establishments, there are problems no matter how
28 well they are run" and "there could be . nothing but trouble if
29 this arcade went into Apache. "
30 Commissioner London said he too had decided to abstain because he
31 didn' t agree with the motion which finally evolved.
32 Marks Concerned About Congregation of Kids at Mall' Entrance
33 The Councilmember indicated that not only was he concerned about the
34 security in the. arcade immediately outside the interior mall door,
35 and in the- parking lots , but was also worried about ' the effect on
36 . shoppers who - might be uncomfortable using a. mall entrance where
37 there ' s a large congregation of kids smoking and acting .abusively.
38- He said he had experienced a certain degree of' discomfort just being
39 in the ,Fun .Center, even though there was nothing going on. when he
40 was there.
41 Applicants Dispute Council Assumptions
�2 The applicants made the . fo,llowing responses to these allegations :
9
1 Cavanaugh indicated the City would. probab-ly. .use. the .same reasoning. to '.
2 deny him a' liquor. license if he were to .apply for, one.
3 - Heilichtt- said- his'•type of arcade ..in no way- resembled the pool halls
4 .of the- -' 'past' because smoking, - gambling, and .-.- drinking are all
5 prohibited;
6 _- said his- managers -don,' t allow loitering in any . areas in which they
7 have jurisdiction.;
8 reported both the Northtown and Ridgedale arcades - are located in
9 : rather isolated areas which are similar to the - Apache . location.;
10 argued that the video games in his arcades are no different than the
11 games played on a computer at home.
12 Cavanaugh reported the bowling alley, which has been -at Apache Plaza
13 for 26 years, has 14 coin operated games in a room-where players can
14 both smoke and drink beer next to the kids playing the games;
15
16 said Apache had ' stepped up its security whenever there had been
17 problems in that establishment, which was exactly what they would do
18 if there were - any lo-itering problems in the areas next to this
19 arcade;
20 reiterated that the mall has 24 hour security and the security
21 cruises-around , 'the mall every hour, on the hour, and would be
22 - certain to break up any congregation like the one which worries
23 Councilmember Marks.
24 Winstead perceived the problems the Council envisioned with 'the youth
25 smoking and using drugs: were also experienced - in the schools and
26 "you can' t- shut down the schools. " ;
27 said he perceived it was the City' s obligation to get a good use mix
28 for. the community, including a well supervised place for them to go;
29 thought it would be a "tough call" to legally uphold the findings
30 Councilmember Makowske had -mentioned which were based on
31 generalities;
32 said --he would. -like to see more of an "open mind" kept in regard to
33 this use and advised against a "head in the sand" routine where you.
34 ' decide something' s bad, therefore, it ought to . be eliminated
35 altogether;
36, reminded them that the precedent had already been set for the bowling
37 alley which is a commercial recreational use, similar, yet different,
38 from the use they were proposing.
39 Pink indicated 'he ' perceived -two' of- the Council ' s questions might not
40 have been properly answered; •
10
1 ''said his- notes of -the Commission, hearing -indicated the abstentions
2 :had been prompted-by the two Commissioners approving. the concept but
3 -disapproving of the-, limitation of.- the hours ;.
4 said- he perceived they had not wanted .to have the use denied
5 altogether and therefore voted to abstain rather than vote against
6 it;
7 disputed that the tenant or customer mix in Apache .was different than
8 in any other community shopping center, including Southdale, where
9 his firm - operated an amusement center for 26 years.; Brookdale where
10 they operated until the space was needed for a liquor establishment;
11 or Ridgedale where they have operated since the center was opened;
12 said as a parent he is glad to have his child go to a supervised
13 establishment;
14 said if his child goes to any of the -Picadilly Circus arcades, she
15 would be in a place where smoking is not permitted, which would not
16 be true of the Apache Bowling Alley or any other bowling alley .where
17 not only is smoking allowed, but there is wine or beer served right
18 where the same video games are played in 'that type of establishment.
19 Commissioner London said he perceived Mr. Pink might have correctly
20 characterized John Madden' s view . because he was one of the
021 Commissioners who had proposed -an 'amendment which would allow the
22 arcade to be open for .different hours than the mall. However, he
23 disputed Mr. Pink' s assumption about his own abstention because his
24 vote indicated "I didn' t like anything about the arcade and
25 realizing there was no way of defeating the motion, -just
26 abstained. "
27 Councilmember Ranallo said that vote had not been a ."bad thing" with
28 him and pointed to the fact that the Council had not followed the
29 Commission' s ' Tecommendation about the second caretaker unit,
30 perceiving that- was an advisory on which the Council had to make its
31 own decision.
32 Applicants Admit Having to Call Police to Their Arcades
33 Councilmember Ranallo then asked Mr. Heilicher whether he was saying
34 he had never had to call the-police to any of his arcades. When the
35 Picadilly Circus owner said he didn' t believe they ever had to do
3.6 ' that , Mr. Pink corrected him by saying he believed it would be
37 "inaccurate to say that in 26 years we have never had to call the
38 police to any of our establishments. " However, he added, that he
39 didn' t think there was - a business in town which didn' t have toacall
40 the police for shoplifting; etc: :
41 Councilmember Ranallo told - Mr. Heilicher he had ., nothing against
42 American Amusement and knew nothing about their management style ,
� 43 but that he did know for certain that - there ..had been police calls
1.1
1 made ,from .their. arcades in�:al:l-: _their -locations:. : .The Councilmember i
2 said ' he. didn' t ,perceive that .--was : anything against, their management;:
3 but did- think that was a probler6- the . City would be facing once-.they.
4- approve this arcade-,for the City: He responded to the statements
5 -about-.closing the schools, by -saying he. perceived the City' s position
6 was a lot- different because the school district can fire • a teacher
7 who allows smoking in school, while the City has no other recourse
8 than to review the permit once a year and try to revoke the licenses -
9 if there are problems which .'.'is . almost impossible to do. "
10 Heilicher..Says His- Company Couldn' t Afford to Keep Problem Amusement
11 Devices
12 Mr. Heilicher pointed out that. the City of Blaine had .for the first 3
13 or 4 . years reviewed - the permit he had . for -his arcade in Northtown .
14 until they realized -the type of establishment they were running.. He
15 added his firm was well aware of what the ramifications were for a
16- conditional use permit. He assured the Councilmember :that if. .at .the
17 end .of the year 'his company perceived a pool :table or some. type. of
18 game was causing a problem, they would never let .the , situation fester
19 because they - have a .financial. stake in their lease in the center and
20 without a conditional use permit the costs of improving that space,
21 etc. would be lost to them. The arcade representative pointed out
22 - that "we would not be in as many locations as we are if we did not
23 operate and control good establishments. " Mr. Heilicher pointed out
24 that if the bowling alley, which "serves beer and allows smoking in �.
25 the areas where games are played is allowed licenses , then we should
26 be allowed licenses. "
27 Marks Wonders where City Youths Are Going to .Gather
28 -The Councilmember :said .his own. observations . about this issue had
29 been:
30 that because of the great fears parents have for their own and
31 other children when it comes to experimentation with .sex, drugs ,.
32 and alcohol, they might have unfairly characterized any esta-
33 b1 shment where youths hang out as encouraging the most extreme
34 of those activities ;
35 it might have been because those who organized the various types
36 of teen centers in the City in the past might not have known how
37 to set up the right programs or how to supervise the centers,
38 resulting in their failure;
39 that as a .result of these failures the only teen center left was
40- one which, although he knew. there had. been problems, . .had not
41 - been as. bad as he at first expected them to be;
. 42_ said the. only institutionalized gathering..place for .kids which.
43 remai:ns. are.-the .church :yo.uth centers in which many. of the. kids
44 refuse to participate ;
12
• 1 the Counc=il- is not very comfortable. with the :only: center which
2 - - - remains and wants to get it :out;.
3 although it -would be hard to .ge'.t: rid- of . this arcade once it-'.s in
4 Apache it --might be a more positive- step to take to 'allow
5 another center, because "if we . close all- their hangouts, where
6 are the teenagers going to go?"
7 Mr. Cavanaugh responded that he knew A -lot 'of the teenagers goto
8 Apache Mall , where the management' 'from -time to -time . has, problems -with
9 them congregating - and smoking in the center court area and has to
10 clear them out. -He -added that congregation of kids in fast' food':.and
11 sit-down restaurants, amusement arcades, skate board areas, etc. are
12 just problems which "go with the territory" when you' re -trying to
13 manage a 530,000 square foot mall.
14 Mayor Asks for Better Understanding• of Both Positions
15 Mayor Sundland asked the applicants to understand -and appreciate the
16 Council' s position in the same manner as they expected the Council to
17 give a fair hearing to their request. He- pointed . out that. .. each of
18 the Councilmembers have personally-had difficulties with a similar,
19 but perhaps different-, establishment -.in St. Anthony which had
20 prompted : their opposition to - another establishment- like it in the
21 City: =His comments generated the fol-lowing response:
4� : '
2 Marks reiterated that he would •like �to - see something positive
23 done for' the kids ; however,
24 indicated he had mixed feelings about this request him
25 self;
26 indicated he wished he had visited- more arcades prior to
27 the meeting to be better informed about the issue.
28 Ranallo: said he had also been involved with the previous attempts-
29 to establish youth centers in the City and had concluded
30 "kids just don' t want to be supervised. "
31
32 Attorney Expands on Legal Issues Involved
33 Mr. Soth reiterated that "the fact that the .City ordinance- says
34 amusement arcades are permitted uses in. St. Anthony doesn' t mean the
35" -- Council . can never deny such a request because they .might find during
- 36 their considerations that there -were good reasons .to deny . because
37 of an establishment ' s location. " He said in this case it -had already
38 - been mentioned that the proposed -arcade was in close proximity to a
39 bar where adults coming- out of the bar . could. easily mix with - the
40 teenage- people it' the- arcade. . The Attorney said the- City can' t say
41 it "doesn' t =want any amusement arcades at all", .'because- they are
42 ' authorized in the . Ordinance , but ' the - Council. is not_ obliged to
043 approve this particular arcade as long as they. enumerate the reasons
13
1- for their denial. Mr. Soth .. indicated the issues identified as •
2 conditions for granting the request which are cited on the
3 application could' :-.be -used as findings as long as the..Council . is more . . .
4-.specific about the reasons they are- making those findings.
5 When Councilmember Ranallo asked whether the fact that the .residents
6 oppose any arcades in the City at all would be sufficient reason
7 for denying this request, the City Attorney told him "probably not"
8 because the.. ordinance already permits them.
9 Councilmembers Perceive Need .for First Hand Knowledge
10 The attorney' s advice resulted in the following response from .
11 Councilmember Marks:
12 indicated he perceived the Council was getting information from
13 differing sources ; including the report from the police officer
14 on -the Commission whose investigation had convinced .him there
15 are problems associated with all arcades including the establi- .
16 shments managed by the applicants followed by an opposing view
17 from American Amusement representatives;
18 said he for :one did not have enough knowledge of how these .
19 arcades are run when it came to disciplining kids , etc. and
20 would prefer tabling action on a final decision until the
21 Council has an opportunity to visit some arcades and see how..
22 they are operated and get further information related to the
23 police perspective on this type of establishment.
24 Councilmembers Ranallo and Makowske indicated they concurred with
25 Councilmember Marks ' suggestion and Mayor Sundland agreed that no
26 matter how the final decision went, this would be the most reasonable
27 way for the Council to go.
28' Before- a -,motion to table was offered, Mr. Pink asked the
29 Councilmembers to ' remember, -as they view different types . of -arcades ,
30 to distinguish between . those which, are contracted out where the
31 owners only service the equipment and the arcades for which American
32 Amusement is financially responsible and manages, services and
33 provides control. He pointed out that the arcade in the St. Anthony
34 Shopping Center is one which is ,contracted out where the manager ' s
35 greatest concern is to generate dollars. - Mr. Pink also said there
36 are "good -,and bad arcades . just . as there are good and bad liquor
37 stores, gas stations., . etc. "
38 Mr. Cavanaugh ' suggested- it might be difficult to make a long -term
39 decision based on the arcade ' s proximity to the liquor lounge since
40 he never, knew from .month to month whether the lounge would be
41 remaining. in Apache or whether the - City- . would be building another
42 one on another site.
14
1 Council Action
2 Motion . -by Ranallo, - seconded . by .- Marks- to table action on -the
" 3 Conditional Use . Permit 'requested • -by: American - •Amusement Arcades dba
4 'Picadilly Circus fore an arcade next to the-.Apache Wells liquor
5 lounge until the Council ' s next- meeting to give the Councilmembers an
6 opportunity to do their own on site .investigation of arcades and to
7 direct the City Manager and Attorney to. further research the
8 security issues which- are .involved.
9 Motion carried unanimously.
10 Before. the- applicants left; ' Councilmember Ranallo told Mr. Heilicher
11 he, for one, would be visiting mostly his establishments. The arcade
12 representative reiterated those locations and then pointed out that
13 the Har Mar arcade, which has 4-, 000 square feet .of space, sells food
14 and - drinks ' in ' one area but doesn' t allow smoking, eating or
15 - drinking in the game areas. - He also said any police calls the
16 arcade managers had to - make had resulted from the need to rid the
17 establishments of unwelcome patrons..
18 Mr. Childs reported Commissioner Werenicz ' s comments had indicated
19 that when the he had called the other police departments about these
20 arcades, they- had .all agreed that there were always problems with
21 kids 'congregating around arcades , but these problems weren' t much
�22 different than for any other mall locations where young people
23 gather . The Manager pointed out that' Commissioner Werenicz had
24 reported that- all the police departments he had .contacted had agreed
25 that American Amusement were good operators.
26 COUNCIL REPORTS
27 ' Ranallo Requests City . Observe League of-. Minnesota Cities 75th
28 Anniversary
29 The Councilmember said he - had been - ,attending the regional League
30 -meetings throughout the state on behalf of the LMC, ' primarily .to make
31 preparations for the above events in -May. He said he would like to
32 see the first week in May declared "Cities Week" , the City to
33 purchase balloons to release at 1 : 00 P.M. that Wednesday in unison
34 with all the other cities in the state, and generally, join in the
35 other festivities planned for that week.
36 Gopher One Call System Explained Further by .Councilmember
37 Councilmember Ranallo indicated he had further information related to
38 the Minnesota Notification Corporation to which he had reported being
39 elected a Board member at the—last meeting.. He indicated the above
40 system had- been set. .up. by- the . Corporation in res.ponse .to the pipeline
41 safety legislation passed. . in 1986-.to, establish a central point to be
•42 ' 'contacted before digging to assure the pipelines won' t be punctured.
43 The Mayor said-he perceived the .same .principle would -be followed as
15
1 Northwestern Bell: .had established - before divestiture to-,identify
2 their underground cables :
3 � "Wine in Grocery Stores"' Legislation Almost Certain to be - Resurrected .-
4 During Next Session .
5 The above alert was issued by Councilmember Ranallo, who indicated
6 that was the perception of what would be .happening held by the League
7 legislative committee he served .- on. He re.ported, the League had
8 requested the liquor industry lobbyists to work with them to oppose
9 that bill'. The Councilmember speculated that it. had been concern
10 about this legislation passing, coupled with the higher dram shop
11 insurance costs, which had caused Coon Rapids to go out of the liquor
12 business completely.
13 When Councilmember Ranallo said he was looking for Council volunteers
14 -to work with Mr. Childs as League contact persons on various issues ,
15 Councilmember Makowske commented that might be a natural offshoot of
16 her service on the Ramsey County . League of Local Governments
17 legislative * committee, established to scrutinize upcoming
18 legislation - in terms of how it might affect Ramsey County
19 communities. Mayor .Sundland indicated he would be glad to testify as
20 long as he is given adequate notice.
21 Comments on St. Anthony Bulletin' s Placement of Mayor ' s Message
22 Councilmember Ranallo - told Larry Jones he could see no reason why
23 the above had been carried on 1page 15 in the last section of -the
24 issue sent only to St. Anthony residents and identified on the
25 masthead as the St.Anthony Bulletin. He said the City residents
26 would naturally expect to find news about their city carried on the , .
27 front page of the paper and many would probably never read beyond
28 that point. Mr. Jones said the copy had gotten to him too late to
29 get a copy measurement for the front page and, assuming it would- be
30 better to carry it where space was available than to leave it -out
31 entirely, he had taken :out another -article to get the article printed
32 on page 15 . The reporter disputed the assumption that St. Anthony
33 residents only read the first pages of the newspaper.
34 Marks Notes National Speaker ' s Appearance at St. Anthony High School
35 That Evening
36 The Counci.lmember .indica.ted he had hoped the Council, meeting .would be
37 over in time for. him to participate .in_ the evening session. of the
38 drug awareness seminar to be -conducted by Jevon .Thompson of
39 . Westminister - Colorado, and sponsored by the 'St . Anthony Chemical
40 Awareness Committee. He reported the 'seminar was one .required to be
41 attended- by any St._ Anthony student who chose to take , part in
42 Minnesota- High School activities as well as a parent. Councilmember
43 Marks said not only must `the students promise -not to become involved
44 with drugs 'or drinking, ' they are also given to understand if they •
45 break that promise . they could find themselves .unable to participate
16
• 1 in- any.-. school activities'. : He pointed that this -is one of the..
, 2 ' :activities: the.. Council : ---was .,supporting by funding . the. . Chemical
3 Awareness Committee which was most effective.
4 In rel'ation ' to the Committee, on which he serves as the -Council _
. 5 representative,: Co.uncilmember Marks •reported :unlike other years, both -.
6 the . Chemical Awareness Committee -and .its Board had held meetings, a11
7 . year long-
8 Councilmember Reports AMM to Study Greater Minnesota- Corporation' s
9 Impact on Metro Communities .
10 Councilmember Makowske reported she had attended several of the most
11 recent meetings of the AMM Committee which is now concerned -about
12 economic as well as housing issues . She indicated ,there had been
13 some questions raised at one of these meetings about whether fundings
14 , - of 'outstate projects by the GMC might be an economic threat for
15 metropolitan- municipalities . The Councilmember said the general
16 consensus was that who the Governor appoints to .serve on this body
17 could be a crucial question in this regard.
18 DEPARTMENTS AND COMMITTEES
19 Following brief discussions of each, the Council ordered the
20 f-ollowing filed. as informational:
1021 *reports . from the Edward J. Hance law firm related to the
22 matters they -had represented the City on, at the Hennepin ,
23 County District Court on August 5 and September 2 , 1987 ;
24 *August Fire Department Report ;
25 *_August Financial Summary.
26 CITY MANAGER REPORTS
27 September 15 , 1987 Staff, Meeting. Notes
28 * City Won' t. Be Participating in Yard Pick Up Program
29 Mr. Childs indicated that , after finding out .just how much it would
30 cost the City to have Waste Management pick up yard wastes , the
31 decision had been made not to adopt that program for the City this
32 .. year. He told Councilmember Makowske residents. can now drop.:yard
33 .wastes off at the Public Works Department to be hauled to Maple Grove
34 and brought back as compost, which is made available to the residents
35 in the spring.
36 Enrooth'- to be Offered Watershed District Board .Nomina.tion
37 The consensus was , "'that since he had already served on the Rice Creek
•38 Watershed Advisory 'Committee , .the Councilmember should be contacted
- 17
J
1 = when=- he. returns to the City. to.: ascertain.--his- interest in serving on .. .
2 this board.
. . 3 . Negotiations With School :District -to Continue
4 Mt. Childs said- he'. and the , Mayor would be meeting later' this week
5 with District #282 -School. - Board Chairman -John Durand and
6 Superintendent Dr.;-. Crystal Meriwether in an attempt to ,keep the
7 - dialogue going on .the Parkview issue. Mayor. Sundland reported that
8 in addition, a meeting to discuss general city - and school concerns
9 between the Mayor and Board liaison . had .be.en scheduled, similar to
10 ones held in the- past.. Interestingly,.: this meeting had been
11 initiated by the school.
12 Manager Contacting Firms to Do Community Survey
13 Mr. Childs indicated his .-.performance of this task the Council had
14 given him had been made easier when the Star Tribune had carried a -
15 story on cities who are , doing similar surveys , which gave him the
16 names of several other firms to contact.
17 Council Finds Owners ' Plan to Refurbish St. Anthony Shopping Center
18 Disappointing
19 The City Manager told Councilmembers Makowske and Marks , who had not
20 yet viewed the above plans left with him by the center •
21 representative that week, that he was certain they would be as.
22 "uniformly unimpressed" with them as the Councilmembers who had seen
23 them were. He -told -them that, instead of the extensive renovation
24 the owners ' spokeswoman had promised to encourage the Dairy Queen
25 owner to stay in the center, only a -$60 , 000 facelift is now planned.
26 Mr. Childs said that amount is supposed to cover the- costs of
27 painting the brick and the support columns and hanging canvas over
28 the walkways this fall and striping the parking lot next spring. He
29 perceived the only good thing had been that the City had at last -had
30 an opportunity to meet with someone in the flesh who actually
31 represented the Portuguese family who owns the center. The Manager
32 reported that person had told him the center is in a family trust
33 now that the patriarch has died and the family doesn' t . want to sell
34 ilt or change its mode of operation, intending to put- no more than the '
35 cash flow back into the center. Mr. Childs said he perceived the
36 center is not updated, it will be 'even harder -to get good tenants to
37 generate 'cash flows for improvements . He • told Councilmember
38 - Makowske no explanation had been made why the owners had failed. t:o
39 sign, the leases of the -good tenants who had wanted to move. there.
40 PUBLIC HEARINGS
41 Council Authorizes. $1 , 263 , 150 Tax Levy to Cover 19.88 .Budget
18
1 At 9 : 25 ' P 'M-:',, the Mayor,` :opened the. public hearing on ahe above ,
2 noting the � absernce:' 'o:f res'idences to provide ---input, . despite the
3 posting of- the notice --of , the hearing :at . various . locations
4 throughout - the City, .and -its publication . .:in the -September 16th-
5 Bulletin.
6 Documentation:" copy .of notice;
7 September 4th letter from the Director of Minnesota
8 Local Aids Division advising that the requested
9 $150 , 000 levy limit adjustment to reduce the City' s
10 payable. 1987 property taxes had been approved but,:.that -
11 the .$33 , 000 adjustment for loss of federal revenue
12 sharing had been denied;
13 Mr. Childs ' September 18th summary of the 1988 budget;
14 estimates of effect of . mill rate on City homes ; .
15 Resolution 87-029 ;
16 copy ,of budget.
17 ' Mr. Childs summarized his memorandum by saying the $1 , 263 , 150 levy
18 would be $20 , 000 less than the levy limit imposed by the state, but
� 19 almost $300 , 000 higher than last year ' s levy. He indicated - he had
20 included the $150 , 000 levy variance the state had granted the City
21 for using reserve funds to off-set lower liquor operation profits _
22 The Manager attributed the levy raise to the loss of revenue sharing
23 and decrease in liquor -operation profits which had allowed the City
24 to transfer only $150 , 000 from the Liquor Fund to the General Fund,
25 where the City had budgeted twice and more in previous years.
26 Mr. .Childs had projected a 3 . 1% increase in revenues for the General
27 Fund, which was an increase of $55 , 000 from 1987 , but would be offset
28 by an increase in total expenditures . He said revenues which- are not
29 expected to increase would be .Local Aid to Governments , fees , and
30 interest earnings on City holdings , all of which are negatively
31 impacting on the City. Mr . Childs also anticipates raises in the
32 water and sewer rates at the end of the year should offset some of
33 the deficiencies in those funds.
34 Levy Increases would Cost Homeowners Between $20 and $39
35 Under the new 1988''assessmen't formula; . the above increases would be
36 experienced for- owners of $85 ; 000 and $100 , 000 respectively assuming
37 the County mi1.1 rate went up 1 . 7 mills and the school district ' s
38 raise was 4-mills . The Manager ' s estimate assumed no change in home
39 values . -If home values increased by 3 0.; -it could add $100 in taxes
40 for a $100 , 000 home and $80 more for an. average $85 , 000 home in St.
41 Anthony.
19
1 Mr : Childs said -under. .the .1988 .assessment formula which had -not been.
- inustral and rental: properties *.in- St W 2 changed, commercial,
3 -could be ' expected to pay 10% more in taxes. He confirmed that- ,the
4 - new Homestead': credit formula decreased property taxes . on residential
5 property but increased the taxes on the other classifications.
6 The Manager estimated that with a 3% raise in valuation, the owner of
7 an average home- in St. Anthony, which is $85 ,000 , would be paying a
8 total package of $105 . 00 more in property taxes than was paid in
9 1987 .
10 Major Expenditures Anticipated in 1988 Budget
11 The City Manager reiterated from his report that there were some .
12 major equipment expenditures anticipated, including. the second year
13 payment on the motor grader and the ..need for a new snow plow to
14 provide the City with better quality equipment than' in the past year.
15 The hearing closed at 9 : 30 P.M.
16 Council Action
17 Motion by Ranallo, seconded by Marks to adopt the resolution '
18 approving the $1, 263 , 150 tax levy in the current year collectible
19 upon taxable .. property in St. Anthony in 1988 . The- resolution also
20 approves the -1.988 City budget.
21 RESOLUTION - 87-029
22 A RESOLUTION APPROVING THE 1987 TAX LEVY,
23 COLLECTIBLE IN 1988 AND THE 1988 CITY BUDGET
24 Motion carried unanimously. -
25 Mr. Childs said he would, 'as requested by Councilmember Makowske.,
26 return to the Council with a budget amendment .which would transfer
27 the Newsletter -costs out of the Council Contingency Fund.
28 Council Approves Uncollectible Check write-Off
29 Councilmember Makowske asked the City Manager to check with the
30 Liquor Manager to see what could be done to prevent repetition of bad
31 check cashing by the same persons several times within the same year.
32 Councilmember Ranallo pointed out that the checks had been cashed in
33 different stores , but he agreed - there:, should, be some way of
34 -preventing the same person from defrauding the City so many times.
35 'The fact that some of the checks came from a church was also noted.
36 ' Councilmember .-'.Marks wondered if computerizing these- transactions
37 might alleviate the repetition problem.
38 Council Action
20
. 1 Motion by Marks seconded:,',: by:Makowske -to authorize..the write:-oft- of
,..2 $4 , 153 : 80: in 1986: uncollectible.- : checks; (recognizing, ::that even- with
3 these losses, the City :netted -$23 ,230 . 42 in profits from check : •
4 cashing that' year) .
. .5 Motion carried unanimously.
6 Execution of Road' . Maintena`nce- Agreement- With. Hennepin 'County
7 Authorized
. 8 The Council- had .been provided ..copies of the agreement whereby the
9 County would- authorize the City -to- provide road maintenance on. Silver
10 Lake Road, 37th Avenue N.E. and St. Anthony- Boulevard, which are all
11 County State_- Aid ,'roadways within the City' s boundaries.
12 Council .Action
13 Motion by Makowske, , seconded by Marks to adopt Resolution 87-027 .
14 RESOLUTION 87-027
15 A 'RESOLUTION :AUTHORIZING THE MAYOR AND
16 CITY MANAGER TO EXECUTE THE AGREEMENT BETWEEN .
17. HENNEPIN COUNTY AND THE CITY OF ST. ANTHONY
18 FOR '.ROAD MAINTENANCE
019 Motion carried. unanimously.
20 Council Asks -City Attorney. to Research Pu11 'Tab Issue .Further
21 The Mayor indicated that after talking to the Lions � Club. Chairman, he
22 had concluded there . would be no . benefit discussing his
23 . organization' s request to sell pull .tabs in one of the City' s liquor
24 lounges -without fur.then -research of the .legal ramifications of
25 changing' the" City J,Ordinance -to- allow the 'games . He pointed out that
26 the City . . had applications from' not only the Lions Club; _but the St. : . :
27 Anthony Boosters and the Animal. Humane Society.
28 Mayor Sundland said ,the fact that St. Anthony seems -.to have become an
29 ' island surrounded by communities , including . Minneapolis, who are
30 accepting pull tabs .in their cities made. .. it very difficult for the
31 ' ' City to refuse them because ' the- .City Liquor Manager has now told the
32 Council that, based on the competition• around him, he did not
33 believe his liquor operation could survive as it is today without
34 permitting pull tabs . ..
35 Councilmember Marks indicated he was completely . opposed -to allowing
36 pull tabs -in. St. Anthony, perceiving. no benefit to the City from
37 them. He pointed to- an article in last, Sunday' s ,' Star Tribune which
38 showed• ,the New Brighton Legion Club had actually . only, distributed 1-
39 1/2%, of the more than a million: dollars . they ..had ..taken in from pull
.21
-1 tab. -sales to' chari_ties and.• had used $47-,717 of. the $119,003 prof its
2 ' for their own building projects. •
3 The Councilmember said he would: be in no hurry to reconsider this
4 issue for that reason.
5 Councilmember Ranallo indicated he knew some of the information
6 ' contained in that particular : article was - inaccurate because he
7 personally knew of instances where between- 40% and 450 of what is
8 taken in is distributed to charity.
9 The Councilmember said he questioned Mr. Nelson' s statement that the
10 City could:. charge the organization running the games $50.0 a week .for
11 rent and said he wanted the City Attorney to- research the issue of
12 pull tabs further to clear up questions which remain unanswered
13 regarding the provisions of the state law regulating charitable
14 gambling.
15 Mr. Soth was asked to see if he could find answers to the following
16 questions:
17 *whether the pull tab operations could be limited to only
18 local organizations;
19
20 *what the "lawful purposes" are for which the profits can be
21 used;
22 *whether the City can impose any restrictions on those distribu-
23 tions such. as limiting them only -to local causes;
24
25 *whether the City can prevent professional consultants ,from
26 running the operations;
27 . *what controls would.-the City have .over the operations in its
28 own facilities and how much return can the . City.derive from
29 those:-operations ;
30 *what controls would the City have over pull tabs in other
31 . businesses like bowling alleys , etc. ;
32 *by -allowing even one operation in the City, does the City have
33- to -automatically allow as many games as there are . businesses .to
34- let them in;.
X35 - *what ' s the strongest language the City can legally put in an ,
36 ordinance to reflect its position related to pull tabs;
37 *what age restrictions can be imposed on these games.
38 Mr. Childs said-l'-staff would sit down with . .Roger Franke .to ,see how
39 many of these issues' . had • already, been addressed in other
40 communities. Mr. - Soth said he would first research the larger issue •
22
• -1 . 6f whether -,the City.--would have -any controls once' the..first operation
2 is a-llowed, -perceiving the rest of the answers'. would : fall in place
3 after that question 'had been .answered.
4 ' 'Mayor . Sundland, the Councilmembers Ranallo and Makowske each
5 indicated they perceived the Council had to listen to the Liquor
6 Manager when he said he - couldn' t operate.: . a profitable business
7 without pull tabs .
8 ADJOURNMENT
9 Motion by Ranallo, seconded by Marks to adjourn the meeting at 1.0: 0.5
.10 P.M. for the St. Anthony Housing and Redevelopment Authority meeting
11 which followed at 10: 15 P.M.
12 Motion carried unanimously,
13 Respectfully submitted,
14 Helen Crowe, Secretary
15
„ �6 Mayor
17 ATTEST:
18 City Clerk
19
20 :cjk
21
23
C 2 TY OE' ST . ANTIMONY
HO U.S=NG ' ANI:) I2EI�EVELOPMENT
• .z',IJTH0�2TTY M=MUTES• .: I
SEPTEMBER 2 2 3- 987
1 The meeting was called to. order - by Chairman Sundland. at 10: 15 . P.- M.
2 Present: Sundland, Secretary/-Treasurer Marks-, and..Commissioners
3 Ranallo and 'Makowske.
4 Absent: Vice Chair Enrooth. .
5 Also present: David Childs , Executive Director
6 William Soth, H.R.A. Attorney
7 AUGUST 25 , 1987 H.R.A. MINUTES-
8 Motion by Marks, seconded by Ranailo to approve with the following
9 change:
10 Page 3', line 4 : Substitute "accent" for "accept" after "to" .
11 Motion carried unanimously.
12 CLAIMS
03 Motion by Marks , seconded by Ranallo, to approve payment of $1 ,1.01 . 25
14 to the Dorsey & Whitney law -firm for legal services to the H.R.A.
15 during July, .1987 .
16 Motion carried unanimously.
17 PROGRESS REPORT ON KENZIE PROJECT AND REDEVELOPMENT AGREEMENT
18 The agenda packet included Mr. Krier' s September 16th report and
19 advisory letter to Mr . Arkell on the above.
20 The Executive Director gave the sequence of events he expected to be
21 followed in the next 20 days , telling the Commissioners:
22 staff met with the redevelopers the previous Thursday and .
23 "things are progressing very well" ;
24 the center owner wants more than twice what the H.R.A. is
25 willing to pay for the shopping center property;
26 the redeveloper is therefore going to be instructed to sell and
27 place the Housing Revenue Bonds , thereby removing any risk for
28 the City before acquiring the land;
29 after the bond sale is completed, staff would start to acquire
00 the land, perceiving to wait would only delay construction for
31 two months ;
32 in the meantime, all preparations are being made for acquisi-
33 tion including new appraisals , soil testing, etc.
1
1 Mr ' Krier met with the MCDA staff person. 'last Friday- and the •
2 :consultant, Mr. Childs , and Commis.sioner .-Ranallo have scheduled
3 a -meeting with Alderman Dziedzic' the following day to see what
4 alternatives the Alderman has come up -,with
5 the redeveloper ' and .Mr. Krier intend to mee.t .with the' Min-
6 neapolis neighbors prior to the October 13th H.R.A. meeting
7 .where it is hoped staff would be. able to- present the Re-
8 development Agreement with the Gaughan Company for approval;
9 the Letter of Credit would be signed by the redeveloper;
10 and, the hearings on the. P.U.D. .amendment could be scheduled.
11 Mr. Soth pointed out that, even though the September 15th deadline
12 for acquiring the land hadn' t been met, at least. the City now had a
13 redeveloper who was meeting all the H.R.A. Is demands for the
14 project. He indicated that if when the new appraisals are completed
15 the center owner is still unwilling to sell his property for a
16 reasonable amount, condemnation process will have to be initiated,
17 which could take several months. In that event, the H.R.A. Commis-
18 sioners will be able to set the price on the property.
19 ADJOURNMENT
20 Motion by Ranallo, seconded by Marks to adjourn the St. Anthony •
21 Housing and Redevelopment. Authority meeting at 10 : 25 P.M..
22 Motion carried unanimously.
23 Respectfully submitted,
24 Helen Crowe, Secretary
25 :cjk
26
2
C Z TY O F S T e ANTHONY
COUN.0 = L. . M=NUTES
O C TOB E R 1 3 -L 9 8 7
1 The meeting was.' opened. at 7 : 30 P.M. with the Pledge of Allegiance
2 led by Mayor Pro Tem Ranallo.
3 Present for roll call: Ranallo, Marks., Enrooth, Makowske.
4 Absent: Mayor Sundland because of surgery undergone by his
5 wife, Ardelle.
6 Also present:- David Childs, City Manager
7 William Soth, City Attorney
8 Carol Johnson, Finance Director
9 Larry Hamer , Public Works Director
10 Don Hickerson, Chief of Police
11 Ray Nelson, Liquor Operations Manager
12 SEPTEMBER 22 ,- 1987 COUNCIL MINUTES
13 Motion by Makowske, seconded by Marks to approve the above
14 minutes with the following changes :
• 15 Page 1 , line 1 : Insert "Ranallo" .
16 Page 6 , line 40 : Substitute "1 , 500" for "15 ,000
17 Page 11 , line 27 : Substitute "big" . for "bad" before "thing" . :
18 Page 12 , line 1 : Delete "all" before "their" .
19 Page '15 , fine 19 : Delete "the" before "he" .
20 Page 18 , line 35 : Insert "that if" after "perceived" .
21 Motion carried unanimously.
22 LICENSES/PERMITS%PETITIONS
23 Councilmember Enrooth indicated that he had noted while reading
24 the September 22nd minutes that four of the licenses approved
25 September 22nd had been .listed for approval again that evening.
26 Council Action
27 Motion by Marks, seconded by Makowske to grant the following as
28 listed in the October 13th agenda packet after deleting those the
29 Council had - already approved:
30 Motor Vehicle Starting
31 Apache Mobile Service
32 1
1 ' Contractors •
2 Nordquist Sign Company
3 Motion carried unanimously.
4 CLAIMS
5 Architects Service Charges, to be Adjusted for Contractors Errors
6 Mr. Childs noted ...the letter which accompanied the architect' s
_ 7 billing for administration services on the Stonehouse/Liquor
8 'Addition project and said he would be contacting Fullerton Lumber
9 regarding the charges the architect attributed, to contractor
10 error for which adjustments would be made later.
11 Council Action
12 Motion by Marks , seconded by Enrooth to approve payment of
13 $2 , 997 . 50 from the Liquor Fund to BWBR Architects for construc-
14 tion administration on the Stonehouse/Liquor Addition project
15 through August 26 , 1987 .
16 Motion carried unanimously.
17 Motion by Enrooth; seconded by Makowske to approve payment of •
18 $1 , 117 . 85 ( $555. 00 from the Liquor Fund)- to the Dorsey & Whitney
19 law firm for le.gal .services during August, 1987 .
20 Motion carried unanimously.
21 Motion by Marks , seconded by Enrooth to approve payments of
22 $1 , 164 . 21 and $2 , 435 . 92 to Short-Elliott-Hendrickson, Inc. for
23 engineering services on Highcrest Road Retention Basin Inlet
24 Structure and Lift Station #1 projects , respectively.
25 Motion carried unanimously.
26 Motion by Makowske, seconded by Enrooth to approve payment of
27 $24 , 896 . 08 to the Metropolitan Waste Control Commission for
28 September sewer service charges.
29 Motion carried unanimously.
30 Office Senior Accountant Position to be Filled Soon
31 Two sets of City accounts payable had been distributed by Mr.
32 Childs who told Councilmember Makowske the payment to Control
33 Data Temps represented the costs of having. a temporary recep-
34 tionist while a permanent accountant position is being sought' for
35 the City offices . The Manager indicated he had received a large
36 number of applicants for the position and anticipated selecting •
2
1 number of applicants for the. position. an�d anticipated selecting one
2 very soon.- )
3 . Motion by Marks, seconded. by : Makowske to -approve payment -of all City
4 accounts..payable listed for 'September 30 and October 13 , . 1987 . . .
5 Motion carried unanimously.
6 REPORTS
7 COUNCIL
8 Ranallo Reports Progress Made in Talks With Minneapolis Officials
9 The Councilmember reported the meeting he, Mr. Childs, Mr. Krier , and
10 Mr. Hamel of the Gaughan Company, had with Alderman Walter Dziedzic
11 and Minneapolis Council President Alice Rainville, related to the
12 redeveloper ' s proposal for completing the Kenzie Terrace Redevelop-
13 ment Project, had gone- very well. He said Alderman Dziedzic had
14 indicated he was pleased with the changes the City had made in the
15 project plans which would site the senior building closest to the
16 Minneapolis neighbors ' homes and would be taking the new proposal to
17 some of those homeowners for their reaction.
18 Councilmember Ranallo said the Alderman had called him back after
•19 that meeting to report the reaction of the neighbors he had talked to
20 had been very favorable.
21 Alderman Dziedzic had then given the go-ahead for an informal meeting
22 to be held at 7 : 00 P.M. , Monday evening, October 19 , 1987 in the
23 lower meeting hall in St. Charles Borromeo School to which all the
24 Minneapolis neighbors who had indicated an interest in the project
25 would be invited to ask any questions they might have about the
. 26 proposal. The Councilmember as well as Mr. Childs , Dick = Krier , the
27 H.R.A. Consultant, , and a Gaughan Company representative would be
28 present to address the neighbors ' concerns along with the Alderman,
29 who perceived some of the negative reaction 'to the previous develop-
30 ment proposal might be diffused before the Planning Commission hold
31 their hearing on P.U.D. changes anticipated for the new project.
32 No Interest in Funding Dispute Resolution Center
33 Mr. Childs said the Mayor had asked him to include the letter from
34 the above in the agenda packet but had indicated he perceived no City
35 need for the Center ' s mediation or conciliation services at this
36 time. Councilmembers agreed with the Mayor ' s assessment, perceiving
37 the City Manager- had served as the intermediary in disputes similar
38 - to those .involved in the Elmwood Church construction project.
39 DEPARTMENTS AND COMMITTEES
•
3
1 *The:- Prosecutor 's. report on ma.tters .conducted at the Hennepin County . •
2 District Court on September .16 , 1987 was ordered filed after
3- Couhcilmember. ' Marks noted the DWI . arrests and alcohol . levels
4 remained very high.
5 *Mr. Nelson discussed the September Liquor Sales Summary with
6 Councilmember Makowske. He confirmed that the figures for the Apache
7 warehouse 'operation reflected only the gross sales increase figures
8 and not the net figures for that month. The Liquor Operations
9 Manager consulted the report which the Council , had already been
10 provided , and which reflected the net- figures through. June, saying
11 that a comparison of the same period for the last two years only
12 showed a net increase of $512 - -for that store. over 1986.
13 *The Sales Summary and September Fire Department Report were ordered
14 filed. - Councilmember Marks asked Chief Hicker-son to comment on the
15 . 31 false alarms reported in the September Fire Department Report.
16 The Police Chief told him that many of • the calls his men had to
17 respond to had originated from residential alarm systems some of
18 which had not been correctly installed. He pointed out that, in
19 spite of the fact that the J. C. Penney management had changed alarm
20 companies , their store continued to experience alarm malfunctions for
21 -which they are being penalized for three calls above the allowed
22 number. Chief Hickerson reminded the Councilmembers that there are •
23 no penalties imposed on malfunctioning residential systems. ,
24 CITY MANAGER
25 Childs Reports New . Proposals for City Taking Over the Parkview
26 Building
27 Mr. .Childs indicated he had put copies of the -minutes of the October
28 8th District #282 School Board meeting in each Councilmember ' s mail
29 box. - He drew their attention to the comments by School Board liaison
30 Durand related to the meeting he had attended, with Mr. Childs and
31 Superintendent Meriwether which was a continuation of the joint
32 Council/School Board meeting .held in September. . The City Manager
33 read the portions of that comment pertaining to the possibility of
34 the School "signing over the Parkview building to the City in return
35 for a multi-year use agreement for Community Services at no cost to
36 the School -District either of leasing space or. utilities. Mr.
37 Childs said some of the feedback the Board President had received to
38 that suggestion seemed to answer the St. Anthony/New Brighton issue.
39 He said the September 8th meeting had only been concerned with the
40' concept , not the - fine points , which would have to be worked out if
41 both .parties saw merit in the concept itself , including whether the-
42 ' City' s saving $36 , 000 in rent a year would offset the cost of
43 installing a new roof and heating system, etc. Mr. Childs indicated
44 talks with the school officials would continue and asked -for Council
45 reaction to the latest proposal . •
4
1 Councilmember. Enrooth commented that he perceived. "what we ' re . not .
2 paying in rent, in effect,. we:' 11 -b(B: paying in utilities) and janitor-
3 -ia-l. upkeep meaning we ' ll be only trading dollars to get ownership,
4 with all the ' joys ' that might bring."
5 Councilmember Marks noted. the.. school -district isn' t putting away any
6 money at this time for the upkeep on this building.
7 Counc.ilmember: Ranallo indicated he perceived that was why they were
8 in trouble now when it - came, to putting in a , new furnace and roof
9 sometime in the near future. -
10 Mr. Hamer reported the existing oil burning.. boiler system is very
11 uneconomical and there are many energy efficient things which have to
12 be done when it comes to windows, etc.
13 Mr. Childs said he perceived the Council also had. to weigh what it ' s
14 worth to the City to own the- building and be able to. make long term
15 decisions which can' t be. made. at this time . He said he would make
16 a new assessment of the issues involved to help the Councilmembers in
17 their decision making.
18 Resolution Supports Enrooth' s Nomination to Rice Creek Watershed
19 District Board
• 20 Councilmember Enrooth had indicated willingness to "give the above
21 appointment my best shot. " The City Manager urged the Councilmembers
22 to make phone calls to the Ramsey County Commissioners they knew,
23 -perceiving the nomination would be a political process.
24 Council Action
25 Motion by Marks , seconded by Ranallo to adopt the resolution which
26 indicates the City Council ' s support of the nomination of Dick
27 Enrooth to - serve on the Rice Creek watershed District Board, noting
28 Counc'ilmember Enrooth' s previous service .on the Rice Creek- Watershed
29 District Task Force and the Middle Mississippi Watershed District
30 Committee.
31 RESOLUTION 87-031
32 A RESOLUTION RECOMMENDING APPOINTMENT OF
33 RICHARD - ENROOTH TO THE BOARD OF DIRECTORS
34 OF THE RICE CREEK WATERSHED DISTRICT
35 Voting on the motion:
36 Aye-: Ranallo, Marks , Makowske.
37 Nay: None .
• 38 Abstention: Enrooth.
5
1 Motion carried.
2. AGENDA ADDENDUM
3 Council Hears Resident Complaints About Silver Point Park Activities
4, Art Johnson, 3100 - 29th Avenue N.E. , had requested 'he be permitted
5 to address -the Council concerning the ongoing annoyances he experien-
6 ces living so close to the park. Mr. Johnson' s complaints were about
7 the removal of the satellite in August, its location when it was in
8 the park; locking up the pay phone after the softball season; and the
9 absence of lighting over the parking lot which he perceived had been
10 a contributing factor in his garage and cars being burglarized a
11 couple of weeks ago. In regard to the provision of toilet facilities
12 for the park, Mr. Johnson said:
13 *a satellite had been installed after his appearance before the
14 Council earlier in the year but then it was moved back where it
15 couldn' t be seen;
16 *the porta-toilet was removed altogether in August leaving him
17 with the same problems he had before like "grown men defecating
18 in his back yard" ;
19 *the satellite was reinstalled after he complained to the City •
20 Manager , but he was not satisfied with the explanation he was
21 ' given for not keeping the bathrooms open all year long because
22 he thought the real reason was that the bathrooms were used to
23 store hockey equipment when it was not in use;
24 *he was concerned how long the satellite would be left in the
25 park this time.
26 Mr. Johnson said he thought there should be a street light installed
27' in the parking lot. He saw no need for a more expensive security
28 - light- and perceived the 4 or 5 neighbors who might be affected by
29 the light would agree that any annoyance from the light would be
30 offset by the security the light would provide for their properties
31 in areas which are "pitch black-" now, "when kids and people, who have
32 ' no business in that area" are there for purposes which raise neighbor
33 concerns . The complainant said he believed the phone was necessary
34 for emergencies all year round.
35 Mr. Hamer acknowledged that by removing the satellite, the City may
36 have caused a big problem for Mr . Johnson. He - said, just as happens
37 in the other parks, the greatest problems occur with kids using the
38 parks , especially before school starts after the softball season
39 ' ends. The Public works Director told the Councilmembers the bath-
40 rooms in both Emerald and -Silver Point Parks . were built to give an
41 aesthetic appearance, but are quite impractical because the doors to •
42 the toilet areas are inside with no outside access . He said it
6
• 1 would be necessary ,o put .up walls around the- storage areas during
,2 - the -off season and remove them. during -the hockey season.. . .He .said
3 further:
4 *the City experience's quite a bit of vandalism in the bathrooms
5 between sports seasons ;
6 *pointed to the damage which had recently been experienced in
7 Central Pa-rk -as an example; and
8 *in terms of .vandalism costs , it just hadn' t seemed worth while
9 to leave the bathrooms open during those periods;
10 *the -reason the satellite in Silver Point Park had been moved
11 - out of sight had been because one of the neighbors had com
12 plained about having to look at it from their backyard.
13 Mr. Hamer said it costs the City $100 a month to keep satellites in
14 Emerald and Silver Point parks and the telephone company charges- the
15 City a flat rate of $35 a month if the pay phones are not used. He
16 agreed that a street light would be less expensive than a .security
17 light but said there are installation costs and costs for lighting
18 itself which would be involved.
19 Council Action
4020 Staff was requested to estimate the costs' of the light , year round
21 use of the pay phone and `satellite costs for periods which the
22 bathrooms are locked up or, costs of keeping them open all year., so
23 the "Council can decide whether it ' s worth the money to keep the
24 parks open. " Councilmember -Makowske thanked Mr. Johnson for coming
25 back a second time to let the Council know he was still having the
26 same problems with the park. Councilmember Ranallo told him if he
27 could see the vandalism the City experiences in Central Park, he
28 might understand Mr. Hamer ' s concerns about leaving the -una-ttended
29 bathrooms open all year long. Mr. Johnson said he perceived paying
30 for the vandalism was -just one of the costs to be expected for doing
31 business . He pointed to his own costs which had resulted from the
32 burglary which could, or could not , be attributed to his proximity to
33 the park.
34 NEW BUSINESS
35 First Reading Results in Wording Changes in the Mini-Warehouse
36 Dwellings Ordinance Amendment
37 When Councilmember Marks indicated he found the wording somewhat
38 confusing in the proposed amendment of Item 7 of the above, Mr.. Soth
39 suggested putting a comma after "600 square feet" and substituting
40 "having no more than" for "and" in the second .line .
041 Council Action
7
t j
1 Motion by Makowske, seconded -by Enrooth. toa. approve the first reading..;
2 of Ordinance 87-004 with 'changes in wording to- clarify meaning..
3 ORDINANCE 1987-004
4 AN ORDINANCE RELATING TO. CONDITIONAL USES IN' THE
5 - LIGHT INDUSTRIAL ZONING CLASSIFICATION, AMENDING
6 . SECTION 10 , SUBDIVISION 3 , ITEM 7 , OF APPENDIX .I
7 -OF THE 1973 CODE OF ORDINANCES
8 Motion carried unanimously. .
9. St. Anthonv to Continue Participation in Hennepin County Community
10 Development Block Grant Program.
11 Motion by Marks, seconded by Enrooth to adopt Resolution 87-030. as
12 presented in. the Council agenda packet.
13 RESOLUTION 87-030
14 A RESOLUTION AUTHORIZING THE MAYOR AND CITY .MANAGER
15 TO EXECUTE AMENDMENT NO. 1 TO CONTRACT NO. 70493
16 REGARDING THE URBAN HENNEPIN COUNTY CDBG PROGRAM FOR
17 FISCAL YEARS 1988 , 1989 , AND 1990 ON BEHALF OF •
18 THE CITY OF ST. ANTHONY
19 Motion carried unanimously.
20 $2 , 063 . . Contract Change Order Accepted for St. Anthony Liquor
21 warehouse Addition
22 'Mr,. Childs discussed the change order in the agenda packet , indicat-
23 ping the . Rheem mechanical equipment was less expensive than what was
24 originally planned and the biggest item had been the $1 , 300 it cost
25 ' to insulate the cooler slab, which the Liquor Manager had perceived
26 was necessary. Mr. Nelson said he had a hard time realizing that
27 just putting styrofoam under the slab should cost that much and,
28 intended to check those figures out.
29 Council Action
30 Motion by Enrooth, - seconded by Ranallo to approve the - $2 , 063
31 contract change order submitted by the contractor and architect for_
32 the liquor warehouse addition on the Stonehouse.
33
34 Motion carried unanimously.
35 Election Judges List Approved for November 3rd Election
36 Motion by Marks, seconded by Makowske to approve the list of election •
37 judges which had been submitted by Finance Director, Carol Johnson.
9
1 Motion carried unanimously.
2 Council.member Makowske reported a new St. Anthony resident had
3 contacted her-regarding serving as a Precinct Judge. Mr. Childs told
4 her to contact Mrs . Johnson, who -is always looking for people to
5 serve in that capacity.
6 Staff -to Report Further on Justification for Licensing Coin Operated
7 Washers and Dryers in Apartment Buildings and Condominiums
8 The- Finance Director had.- recommended the fees for sewer and water
9 connection as-well-as special -assessment searches ; copies ; and police
10 and fire reports be increased effective November 1 ; 1987 . She had
11 also recommended coin operated-:.washers and dryers. in apartment and
12 condominium buildings be licensed and the same fees charged as the
13 City already -charges for :the same type -of machines in laundromats .
14 During -the discussion of her memo, Mrs. . Johnson said further:
15 *she had based her recommendation on the 1987 Municipal Fee
16 Survey prepared by the AMM and had averaged out the fees by
17 other metropolitan- area municipalities the same size as
18 St. Anthony;
•19 *the survey had shown other municipalities were licensing coin
20 operated laundry machines the same as they did the laundromat
21 machines and charging $8 . 00 per machine up to $100 maximum per
22- location;
23 *which she perceived would also be fair for St. Anthony .to do,
24 since a majority of the machines in apartments or condominiums
25' are owned and operated by vending. machine companies. and not the
26 building owners ;
27 *food and beverage machines are not licensed because the: City
28 has no food inspector per se and the counties have .taken over
29 responsibility of assuring the hygiene of the machine products .
30 The issue generated the following_ responses from those who were
31 present:
32 Mr . Childs indicated the laundromat .owners were complaining that
33- they were not being given equitable treatment for the same vending
34 machines .
35 Mayor Pro Tem. Ranallo indicated he could see no reason why special
36 treatment should be qiven these machines , just because of their
37. locations .
38 Councilmembers -Enrooth and Marks said they would. like to know -how the
•39 City rationalized licensing vending machines in the first place .
9
�J
? Councilmember Makowske wondered whether - . the fact that some vending
2 machines :.were commercial . uses in residential dwelling districts
3 might justify ' fees being charged . to make up for . the loss of
4 commercial taxes;
5 also wondered. whether the fact .that the City had wanted to keep track,.
6 of cigarette, vending machine locations to assure minors didn' t buy
7 cigarettes might not have initiated the licensing of vending
8 machines..
9 Mr. Hamer told the Councilmembers he does -inspect swimming pools in
10 apartment and condominium buildings and has shut .a few down because
11 of sanitation problems .
12 Pat Gaughan, who, was present for the H.R.A. consideration of his
13 proposal to construct two apartment buildings as the final . phase of.
14 the Kenzie Terrace Redevelopment Project, commented that he perceived
15 the City might be facing opposition to the imposition of fees- on coin
16 operated machines which were owned and operated by the building
17 owners because, as suggested by Councilmember Marks , such fees would.
18 have to be engendered by some City service. However, the
19 redeveloper said he believed it would be good City policy for St.
20 Anthony to license outside vendors machines as a way of retaining
21 community control over the machines.
22 Council Action •
23 The perception that further clarification of the issues involved in
24 that particular recommendation led to the following Council action:
25 Motion by Enrooth, seconded by Makowske to approve the increase in
26 fees for licenses which are currently in existence which had been
27 recommended by the Finance Director ' s September 2:9th memorandum but
28 to table action on the licensing of coin operated washers and dryers
29 in apartment and condominium buildings for further staff research.
30 Motion carried unanimously._
31 Police Reserve Bylaws Changes Adopted
32 Before the above changes were approved, Chief Hickerson told the
33 Mayor Pro Tem he was recommending the number . of reserves be increased
34 from -10 to 12 because the party who was bringing in the additional
35' reserves had said he had that many people interested in joining the
36 reserves , although the Chief now perceived the number would now
37 probably be closer to seven.
38 Chief Hickerson indicated he expected it to cost at least $3 , 000. to
39 add to the reserve program and said ' the cost of retaining the old
40 squad car rather than auctioning it off would also have to be,
41 counted. Mr. Childs said he perceived the Council anticipated ..all •
42 those costs when they had made the decision to increase the reserves .
10
J
i�
• l--'-Councilmember' Enrooth agreed the: .Council had expected to pay betwf?en
2 $5 , 000 - and, $64000 for the program.
3 Councilmember -Makowske pointed out that there would certainly .be some
4 . reserve turnover which would increase the clothing costs , but any
5 equipment which is issued for a reserve ' s use would have to be turned
6 in when she or he left the program. Chief Hickerson said that was
7 true -but the City would have to pay for replacing clothing which wore
8 out.
9 Council Action
10 Motion by Marks , * seconded by Ranallo to adopt the changes in the
11 reserve bylaws recommended in Police Chief Hic;kerson' s . October 2 ,
12 1987 memorandum, as indicated in the revised bylaws attached to his
13 memorandum.
14 Motion carried unanimously.
15 Hickerson Changes Recommendation Regarding Animal Control Services
16 The Police Chief indicated he had initially assumed New Brighton
17 would be providing 8 hour service every day and had found instead
18 they would only have a man on duty 20 hours , a week, leaving the
1019 responsibility for animal control the rest of the time up to St.
20 Anthony Police force. He said no definite information was available
21 as to what that service would cost St. Anthony, but perceived the
22 costs for New Brighton providing the service or having 52 hours of
23 patrolling at $8 . 42 as proposed by Animal Control & Management, Inc.
24 were now much closer . He told Councilmember Makowske New Brighton' s .
25 charges would be based on how long an animal had to be .retained which
26 was hard to figure 'if you didn' t know how many animals would be
27 picked up, but he now realized the figures quoted for New Brighton
28 would be much higher if based on the 8 hour shift he had assumed in
29 the original estimate.
30 The Chief pointed out that the $438 difference between the two
31 services could- easily be lessened depending on how many animals were
32 picked up after hours . Consideration should also be given to what it
33 would cost the City to have a policeman pick up animals when New
34 Brighton service was not available and to provide a holding area
35 until the animal could be taken to New Brighton. Taking all this
36 into consideration, the Police Chief indicated he now perceived it
37 would be cheaper in the long run to go with ACM.
38 Chief Hickerson said he had sat in on a meeting between the com-
39 munities �mentioned in his memorandum and found the only one who was
40 staying with New Brighton was Falcon Heights , who only .had an average
41 ' of two animals picked up annually. He told Councilmember Enrooth
42 the' -City wouldn' t be out much if this service failed because either
•43 party can cancel the agreement with a 30 day notice.
11
1 Mr.. Soth suggested. the contract -should contain the same .language •
2 pertaining to its -compliance :- with -the City Ordinance as had been
3 inserted in ''the Lake- Animal . Control contract. Chief .Nickerson said
4 he had learned that some -of the- ACM personnel were involved in the .
5 Minnesota Animal - Control Association and the owner was trying -.to get .
6 uniform ordinance standards established for -all municipalities.
7 Council-Action
8 Motion by Makowske, seconded by Marks to adopt the resolution which
9 would retain Animal Control and Management, Inc. to provide animal
10 control services for St. Anthony at a cost not to exceed - $166 a
11 month .and to direct staff - to add language to the contract which had
12 been recommended -by the City Attorney.
13 RESOLUTION 87-036
14 A RESOLUTION AUTHORIZING THE MAYOR AND
15 CITY MANAGER TO EXECUTE THE CONTRACT WITH
16 ..ANIMAL CONTROL AND MANAGEMENT, INC.
17 Motion carried unanimously.
18 Rieke Carroll Muller Associates to Do Feasibility Studies for City
19 Storm and Sanitary Sewer Systems •
20 At Council direction, Mr. Hamer had sought proposals from the above
21 and Short-Elliott-Hendrickson, Inc. , with RCM submitting the lower
22 bid in both cases as- indicated in the Public Works Director ' s October
23 7th memorandum to the Mayor and Council.
24 Mr. Childs explained that the City has enough as-builts , .plans, etc.
25 that. the engineers should be able to make . extrapolations of eleva-
26 tions to plug into their modeling process .
27 The Manager also addressed Mr . Hamer ' s suggestions for financing the
28 drainage system improvements and reduction of flooding with torren-
29 tial rains . -He pointed out that some homeowners have already been
30 assessed for previous sewer improvements which was the reason Mr: .
31 Hamer had taken another look at charging a "users fee" for sewer.
32 improvements like those charged in Roseville, Falcon Heights , and
33 Fridley. This would involve higher fees f.or commercial uses when
34 square footage is considered., with residential . and finally parks to
35 pay lower fees .
36 The .Manager told Councilmember Makowske it made sense to charge
37 charitable organizations and churches along with everybody else
38 because "we all contribute to the runoff . " He added: that once the
39 money- is available from the fees the City can bond for long term
40 improvements and storm sewer maintenance , which is . something the
41 state now allows cities to do. •
12
• 1. Public Works to Repair Retention Spillway.
2 Mr. Hamer showed pictures, of - the damage done to the spillway in the
3' retention holding pond structure at Highcrest Road and approximately
4 39th Avenue N. E. following the July,. 1987 , storm. . He said he
5 recognized that the Council would never consider paying $36 , 000 for a
6 total reconstruction project. or $14 , 000 to temporarily repair the
7 unit. The Public Works Director indicated he was certain a riprap
8 would hold the ground until a fund for making permanent repairs is
9 established. The feasibility study on the project was , already in
10 and the only costs would be for materials since the . Public Works
11 Department would do the work to stabilize the . washout with costs .to
12 be taken from the General Maintenance Fund.
13 Councilmember Marks said from- what he had observed, he agreed that a
14 temporary repair would be enough to keep the wall from collapsing
15 and would buy enough time for the Council to put together a complete
16 package for making all necessary improvements to the City' s storm and
17 sanitary sewer systems . Councilmember Enrooth indicated he could
18 see where having the removal of drain tiles from the sanitary system
19 considered from a cost effective viewpoint might diffuse some of the
20 controversy surrounding that issue.
21 Council Action
•22 Motion by Marks , seconded by Enrooth to have Rieke Carroll Muller .
23 Associates , Inc . do : both feasibility cost studies to improve the
24 storm water drainage and sanitary sewer hydrology study at costs not
25 to exceed $11 , 200 and $6 , 700 respectively; to have the engineers to
26 make an assessment of foundation drain removal from the sanitary
27 sewer system at a cost not to exceed $2 , 000 , as recommended by the
28 City Manager; and, finally, to direct the Public Works Director to
29 proceed with the temporary repairs he had proposed to the storm
30 damaged areas in the retention pond.
31 Motion carried unanimously.
32 Mannings Restaurant Lease Approved for Stonehouse
33 Mr. Soth reported Mannings owner had agreed to all but three of. the
34 changes the City Attorney had suggested for the above lease . The
35 Attorney said he hoped Mannings ' quote of 5% rather than 60 on page
36 10 was just a mistake. . He also thought Mr. . " Manning had
37 misinterpreted the condemnation clause on page 10 which dealt with
38 the- City not the tenant, receiving all the real estate awards if the
39 state should condemn the property for highway construction, etc. ,
40 mistakenly thinking the clause referred to relocation costs.
41 Mr . Soth indicated research has shown there would be no payments due
42 the County in lieu of the real estate taxes so that section of the
• 43 lease could either be deleted o.r the language clarified to indicate
44 the-restaurant.- owner would -only be responsible for the taxes on his
13
1 - own business. They , Councilmembers opted for- the' latter language to.
�a
2 nticipate ' any future state action.. and agreed the restaurant owner ' s
3 lease should be increased from $1,000 to $1 , 200 if additional 'space
4 in the basement is used by the restaurant.
5 Mr. Nelson affirmed that he was satisfied with the lease. provisions
6 because the tenant had estimated he would be doing $6.00 , 000 worth of
7 business a year in that location which meant $36 ,000 for .the City.
8 More importantly, the Liquor Manager said, he was looking forward to
9 the . revenues from the sale of beverages generated by the restaurant.
10 Council Action
11 Motion by Marks , seconded by Ranallo to approve the Mannings
12 Restaurant lease with the. •changes consented to during the October 13 , . ..
13 1987 Council meeting-:
14 Motion carried unanimously.
15 ADJOURNMENT
16 Motion by Marks , seconded by Enrooth to adjourn the October 13 ,
17 1987 Council meeting at 8 : 55 P.M. for the Housing and Redevelopment
18 Authority meeting which followed at 9 : 02 'P.M.
19 Motion carried unanimously. •
20 Respectfully submitted,
21 Helen Crowe, Secretary
22
23 Mayor
24 ATTEST:
25 City Clerk
26 :cjk
27
28 •
29
14
::! :E TY OF ST e ANT�30NY
�-3OLd`.� � NG ANI� RED.EVE�,OPMENT _
AZ7�'I-3OR� TY M=NUTES
O C TOB E R 1- 3 0 1 3 8 7
1 The meeting was called to order at 9 : 02 P.M. by Vice Chair Enrooth.
2 Present for roll call: Vice Chair Enrooth,. Secretary/Treasurer
3 Marks , and Commissioners Ranallo and
4 Makowske.
5 Absent: Chair Sundland.
6 Also present: David Childs, Executive Director
7 William Soth, H.R.A. Attorney
8 Richard Krier, Development Advisory Services,
9 H.R.A. Consultant
. 10 P. J. Gaughan, Gaughan Company, Redeveloper
11 SEPTEMBER 22 , 1987 H.R.A. MINUTES
12 Motion by Marks ,. seconded by Makowske to approve as presented.
3 Motion carried unanimously.
14 CLAIMS
15 Motion by Marks , seconded by Ranallo to approve payment of $1 ,732 . 04
16 to Development Advisory Services for August consulting services to be
17 reimbursed from the Arkell arbitrage.
18 Motion carried unanimously.
19 Motion by Marks , seconded by Makowske to approve payment of $2 , 673 . 25
20 to the Dorsey & Whitney law firm for legal services rendered during
21 August, 1987 for which the H.R.A. will also be reimbursed from the
22 Arkell arbitrage.
23 Motion carried unanimously.
24 Motion by Marks , seconded by Ranallo to approve payment of $200 . 00 to
25 the Title Insurance Company of Minnesota for the necessary title
.26 search of the Saliterman shopping center property necessary for the
27 first step in the acquisition of that property .-for the Kenzie Terrace
28 Redevelopment Project,
C9 Motion carried unanimously.
i
-1-
1 ' The Attorney and Consultant discussed the missing sections -of the •
2" Redevelopment Contract with the redevelopers ,:Iwho' the Executive
3 Director indicated would now be referred to as the Wilson Street
4 Associates with Mr. Gaughan personally signing as the general partner
5 and submitting the $360 ,000 Letter of Credit guaranteeing the
6- development in the agreed upon period.
7 Mr. Krier said the redeveloper was being asked to provide the
8 drawings of buildings and site improvements according to the survey,
9 which is almost completed. The architectural renderings would then
10 become a part of the contract and would also be taken to the Hennepin
11 County Assessor to set a minimum value on the property, -of which he
12 said the City already had a pretty good estimation. The Consultant
13 indicated the schedule was already in - the contract and it was only
14 left to the redeveloper to provide an administrative type document
15 which would be easier to read.
16 Mr. Krier stated that in terms of any of the above missing items , he
17 did not perceive a need for delaying the approval of the Contract
18 that evening because the H.R.A. Chair and the Executive Director
19 would not sign the document until all necessary documentation is
20 provided. The Consultant indicated he perceived it was important to
21 keep the process going and to lock in lower interest rates as fast as
22 can be done. He said the hope was that the Redevelopers Contract
23 could be signed by the end of the week.
24 Mr. Soth recommended making the approval contingent on the City
25 Council approving the modified P.U.D. on the project on which both
26 the Planning Commission and Council would be required to hold public
27 hearings . He added that the description of the development, which
28 would be general in the contract, would be nailed down more specifi-
29 cally in the P.U.D.
30 Mr. Krier reiterated that the meeting with the people from the
31 Minneapolis triangle closest to St. Anthony would be held in the St.
32 Charles Borromeo school the following Monday, but because a lot of
33 time has already been spent talking to the Minneapolis people ; no
34 major opposition was anticipated at that meeting. Mr. Childs
35 confirmed that all St. Anthony property owners who had been sent
36 notices of the Planning Commission October 20th public hearing on the
37 P.U.D. had also been invited to attend the October 19th informational
38 meeting at St. Charles where he perceived more questions could be
39 answered than at a public hearing.
40 Commissioner Ranallo reiterated that he would be attending the Monday
41 evening meeting at the request of Alderman Dziedzic , who perceived it
42 was very important to have the informal meeting with the neighbors
43 before the public hearing. The consensus was that Mr. Childs should
44 also attend that meeting.
45 Mr. Krier indicated he perceived the issues raised at the Monday
46 meetinq' would be mostly design oriented requiring the presence of the i
47 redevelopers ' president and architect but not the Attorney.
2
1
1 Commissioner Ranallo said he had discussed the project with Father
2 Ki'ttock �bf -St. Charles who was-. very favorable to the whole project,
3 but suggested that thought ..'be given to allowing the .balconies be
4 enclosed for three season use , similar to ones he and the priest had
5 viewed in Bloomington, to add a little more interest to the build-
6 ing.
7 Mr. Krier said that option could be brought up during negotiations
8 later that week because the architects design drawings had been
9 delayed by problems encountered with the survey. Mr. Childs said
10 part of the problem had been because the surveyor had left off a lot
11 on the property where the upholstery- shop is now located on Kenzie
12 Terrace which the Executive Director had assured the architect .posed
13 no real problem for the project since the assumption remains that Mr.
14 Saliterman wouldn' t sell any of the property without the inclusion of
15 that parcel. Mr. Krier indicated he had the surveyor and the title
16 company working together on the problem.
17 In reference to the balcony enclosures , Mr. Gaughan said his company
18 likes to keep their buildings "clean, crisp, and uniform" however ,
19 what the St. Charles pastor had suggested was more suited to a
20 condominium than an apartment building. He said such additions would
21 be very expensive and to put them on rentals would -be impractical and
22 might create a "scuddy" appearance. Mr. Childs indicated he per-
23 ceived that was an item which could be added with condominium
24 conversion.
W5 Risks Pointed Out by H.R.A. Consultant
26 A discussion of the reasoning behind the new name the redevelopers
27 had taken ensued, followed by the Consultant ' s pointing out the only
28 risk he perceived the H.R.A. would be taking in, the contract before
29 them. He pointed out how important the financing was to the whole
30 project and said the developer is working closely with Piper Jaffray
31 to get that in place before the interests rates go any higher .
32 However , he said the lender is very happy with the project and only
33 has a few items left to be resolved.
34 The H.R.A. would not want to acquire the property without having a
35 redeveloper ' s contract signed and a Letter of Credit in place , the
36 Consultant said, so there is a very slight risk, that the property
37 might not be acquired and in the meantime the developer has under-
38 taken between $250 , 000 and $300 , 000 in costs to put the financing
39 package together which the contract dictates he must be reimbursed
40 for if the land isn' t acquired. He said he considered that to be
41 less risk than risking the whole project on higher interest rates
42 which make the project unfeasible.
43 H.R.A. Action
44 Motion by Ranallo, seconded by Marks to adopt the resolution which
•45 directs the H.R.A. Chair , Executive Director and Consultant to
3
1 execute the Redevelopers Contract with the Gaughan .Company subject to •
2 resolution of any issues which the City Attorney indicated remained
3 to be negotiated.
4 Motion carried unanimously.
5 Mr. Gaughan commented that since they had started to negotiate
6 financing for the project, *the interest rate had gone up to the point
7 ' where it would cost them an additional $85 ,000 more a year to
8 -complete the project. However, the . developer said, he still wanted
9 to do the project and would continue to work on it.'
10 Secretary/Treasurer Marks told him the Commissioners were.. also
11 determined to get the project completed with his buildings replacing
12 the deteriorating buildings in the center now. He added that was
13 the reason he ran for the City Council 8 years ago and he was up for
14 re-election this fall just because he was determined to- see that goal
15 accomplished.
16 ADJOURNMENT 2.
17 Motion by Ranallo, seconded by Makowske to adjourn the meeting at
18 9 : 25 P.M.
19 Motion carried unanimously.
•
20 Respectfully submitted:
21 Helen Crowe , Secretary
22 :cjk
23
4
COUNC I L 1�2NUTES
OCTOBER 27 ,- " L 9 8 7
1 The meeting was opened at 7: 3.0 P.M: with .the Pledge of Allegiance . led
2 by Mayor Sundland. '
3 Present for roll call: Marks , Ranallo, Sundland, Enrooth,
4 Makowske.
5 Also present: David Childs, City Manager
6 William Soth, City Attorney
7 OCTOBER 13 , 1987 COUNCIL MINUTES
8 Motion by Makowske, seconded by Marks to approve the above minutes
9 with the following changes:
10 Page 2 , line 1 : Delete all but "one" at end of line..
11 Page 2 , line 26 : . Substitute "applications" for
12 "applicants" .-
3 Page 5 , line - 1 : Insert "Councilmember �Makowske questioned
4 whether the leaseback would define the
15 amount of space involved. "
16 Page 10 , line 9 : Preface Mr. Hamer ' s remarks with "In rel-a-
17 tion to whether or not he inspects multi-
18 dwelling buildings to ascertain their
19 hygienic safety, " .
20 LICENSES/PERMITS/PETITIONS.
21 Motion by Marks, seconded by Enrooth, to grant heating licenses to .Air
22 Comfort , Inc . ; Dock' s Heating; and Master Heating & Cooling, as listed
23 in the October 27 , 1987 Council agenda packet.
24 Motion carried unanimously-
25 CLAIMS
26 Motion by Makowske, seconded by Marks to approve payment of all City
27 accounts payable for October 27th and liquor accounts payable for
28 September 30 and October 12 , 1987 , as listed-'in the October 27 , 1987
29 Council agenda packet. ,
30 Motion carried unanimously.
•
r
1 Court Action Pending in Water Contamination Litigation
2' -During -the discussion of the August- billing .fxom Briggs and Morgan,
3 the law firm who is representing -St: Anthony in the above . lawsuit .
4 against the U.S. Army et a1 , Councilmember Enrooth indicated the. case
5 was getting so complicated he was having a . - hard time keeping track
6 Mr. Childs recalled that the attorneys had said they expected some
7 sort of court action before December and said he would - be glad to
8 provide copies . of any memorandum.-which outlined pending activities .
9 The Manager said he would expect Bruce Leisch Associates . would also be
10 providing consulting services during the same period.
11 Council Action
12 Motion by Marks, seconded by _ Enrooth' to approve payment of $1, 975 . 97
13 to the Briggs and Morgan law firm for . legal services rendered through
14 August 31 , 1987 .
15 Motion carried unanimously.
16 Prosecutor ' s Fees Raised as Budgeted
17 The City Manager said he. would furnish Councilmember Ranallo .with a
18 memo outlining the fees negotiated with the Hance & LeVahn law firm
19 for prosecution services through 1988 . When Mr. Hance ' s report on
20 mattes conducted at Hennepin County District Court October 7th was
21 considered later - in the agenda, Councilmember Enrooth commented that -0
22 he could easily see from the. hours the prosecutors spent ,on City
- 23 cases why a $375 . 00 raise per month in their fees was justified.
24 Council Action .
25 Motion by Marks , seconded by Ranallo to approve payment of $2 , 200 to
26 the Hance & LeVahn law firm for legal services rendered during
27 October, 1987 , relative to St. Anthony prosecutions.
28 Motion carried unanimously.
29 Motion by Ranallo, seconded by Enrooth to approve payment of
30 $24 ,89.5 . 08 to -the Metropolitan Waste Control Commission for sewer
31 service during October, 1987 .
32 Motion carried unanimously.
33 REPORTS
34 COUNCIL
35 'Payment of Northern Mayors Association Dues Deferred. for More Informa-
36 tion
•
2
• 1 Mayor Sundland iridicated:- -that.,: with the tight, budget the City, was .
2 . operating under,- he •had wanted : -to - consult the otN r Councilmembers
3 - before continuing his membership in the above.. .
4 The pros and cons of paying the $167 dues.were explored at. :length,
5 including:
6 *concerns that such"splinter lobbying groups". might diminish
7 the -efforts- of the League of .Minnesota Cities;
8 *perception that a "more. parochial focus" might be necessary to
9 get a better concentration of economic development dollars for
10 the northern suburbs;
11 *desire for retention of a vehicle to provide better communica- .
12 •tion between north suburban officials ;
13 *uncertainty about the actual benefits for St. Anthony.
14 Council Action
15 Motion by Ranallo, seconded by Marks to table the payment of Northern
16 Mayors Association .dues until the next Council meeting for. further
17 research by the Mayor relative to the issues raised during the- October
18 27th meeting.
IW9 Motion carried unanimously..
20 Makowske Reports Attendance at October 21st RCLLG Meeting on Ramsey
21 County Library System Additions
22 The Councilmember reported securing additional library facilities for
23 Ramsey County communities had not been, a major issue with her
24 because St. Anthony has a Hennepin- County facility in its southern
25 shopping center , but she had found the. discussions to be interesting, .
26 nevertheless .
27 Mayor Thanks Councilmembers for Their Prayers and Get Well Expressions
28 After His Wife ' s Surgery
29 Mayor Sundland reported Ardelle was making a good recovery from her
30 surgery and they both had been . deeply touched by the expressions of
31 concern from Councilmembers , staff , and many of his friends. He cited
32 the excellent report his wife had gotten after the surgery as "proof
33 that those prayers had .been effective" and indicated he . and Ardelle
34 would never forget all the kindnesses shown them during this stressful
35 period.
36 .Ranallo Reports Very Positive October 21st . Meeting on Kenzie Terrace
r Y
37 Redevelopment Project Proposal
•
3
1 The Coun'ciliteinbe'r'- reported- Minneapolis- Alderman Dziedzic hacl. given his-, , .
2 wholehearted ,siipport to they Gaughan Company proposal.. for redevelopin_9.-
3 the final phases. of the above project in the. St. Anthony Village
4 Shopping Center property during the informal meeting at St. Charles ,
5 Borromeo School to which the Councilmember had been designated to
6 represent the rest of the Council. The Minneapolis neighbors whose
7 homes are located- adjacent to the project area, as' well .as. the St. .
8 Anthony residents who -were in attendance, also - indicated their .
9 approval of -the project, perceiving the new proposal addressed many. of
10 the concerns 'they had about' a previous proposal, Councilmember
11 Ranallo reported.
12 Planning Commission to Give PUD Changes Public Hearing November 4th
13 Public input related to ,. the changes in the' Planned Unit Development
14 Plan, which would be necessary - if the Gaughan proposal is to be
15 accepted, would besought during the above and incorporated into the ,
16 Commission' s recommendation to be reported to the Council during their
17 November 11th meeting, the City Manager indicated.
18 Chemical Awareness' Committee to Hold Strategic Planning Session in
19* January
20 Councilmember Marks reported the above organization would be redefin-
21 ing their purposes and goals during a January strategic planning
22 retreat similar to ,the -one City officials had participated in the -*
23 previous year.
24 Marks Reports Driver Problems with Dip in Road Surface Near 35th and
25 Coolidge
26 A recent complaint from a resident had reinforced the Councilmember ' s
27 awareness of the traffic problem near his own home which had resulted
28 in his having to replace the radiator in the car driven by his
29 daughter . Councilmember Marks indicated the most recent incident had
30 involved a school bus whose driver had apparently not seen the "BUMP."
31 sign in time to slow down,, resulting in his passengers being shaken
32 up a good deal when the bus passed over that uneven grade.
33 Mr. Childs said he would have Public Works Director Hamer see what
34 could be done to further remedy the problem.
35 Feasibility of Combining Meter Reading with Water Payment to be
36 Researched
37 The question of whether the City might- save money by using only one
38 mailing for the above had been raised with Councilmember Marks
39 while he was campaigning: Mr . Childs said he .knew some other
40 communities were- doing that and indicated he would check around to -see
41 how they did it.
•
4
• 1 - DEPARTMENTS AND -COMMITTEES
2 *The Prosecutor ' s report had been .discus.sed earlier in the evening .
3 and was ordered filed as informational; . . .
4 *The September Police Department report was- ordered filed following
5 a brief-discussion of the DWI-' s . It was concluded that 13 was not
6 an unusually high number- of -these arrests in one month,;
7 *Before the September Financial report was ordered filed, Council-
8 member Makowske was -told the City does assess response fees against
9 homeowners with faulty licensed alarm systems . ,
10 CITY MANAGER
11
12 The October 20th Staff Meeting Notes were considered briefly with ,Mr.
13 Childs clarifying the location of the bench mentioned in Fire Chief
14 Entner ' s report as being on the west side of Silver . Lake Road near
15 39th Avenue N. E.
16 Final Payment to be Made on St. Anthony Boulevard Reconstruction
17 Project
18 The City Manager had distributed copies of the final Short-Elliott-
19 Hendrickson, Inc . billing for-$5 , 421 . 91 , indicating it would be after
1020 this payment is made that the state would be making its final inspec-
21 tion of the project. Mr . Childs said problems with the landscaping
22 contractor not completing his job had -caused the delay.
23 Council Action
24 Motion by Ranallo, seconded by Enrooth to approve payment of $5 , 421 . 91
25 to Short-Elliott-Hendrickson, Inc. for engineering services on the .St .
26 Anthony Boulevard Reconstruction Project.
27 Motion carried unanimously.
28 Bids to be Taken for Pedestrian Traffic Signal on Kenzie Terrace
29 Bidding documents for the above had been submitted by the engineers ,
30 Rieke Carroll Muller Associates , Inc . , and copies were distributed, by
31 the City Manager . Mr. Childs indicated -the traffic signal would be
32 paid from 1986 ; 87 , and 88 . Community Development Block Grant. Funds .
33 He indicated the engineers had suggested a June 1 , 1988 project
34 completion date. Bidding closure date would be December 1 , 1987 .
35 Council Action
36 Motion by Marks, seconded by Ranallo,. to approve the advertisement for
37 bids for the pedestrian traffic signal on Kenzie Terrace to be taken
• 38 until 1 : 30 P-.M. , December 1 , 1987 .
5
1 Motion carried unanimously. •
2 NEW BUSINESS
3 Ordirance .'Required to Raise Mayor and Councilmembers ' Salaries
4 In his October 22nd memorandum-,. the City Manager reported- that $30 a
5 month raises had .been approved and budgeted, , for. the - previous fall.
6 based on a review of comparable Metropolitan cities of the same size
7 as St. Anthony. However, state law mandated the increases could not
8 become effective until after the November, 1987• City..elections. Mr.
9 Childs also indicated the City Ordinance needed to be amended to
10 provide for the raises . As he. had noted in his memorandum, the City
11 Manager reiterated he was recommending the adoption of the Ordinance,
12 change , perceiving that the last increase had been established on
13 December . l , 1983 .
14 Council Action
15 Motion by Ranallo, seconded by Enrooth to approve the first reading,
16 waive the second and third readings , and adopt _ Ordinance 1987-005
17 approving a $30 raise per month in salaries paid the Mayor and four
18 Councilmembers of St. Anthony.
19 ORDINANCE 1987-005
20 AN ORDINANCE RELATING TO MAYOR AND COUNCILMEMBER ,
21 SALARIES , AMENDING SECTION 125 : 00 OF THE 1973
22 CODE OF ORDINANCES BY ADDING A SECTION
23 Motion carried unanimously.
24 City Ordinance- Amended to Include Changes in the Uniform -Building
25 Code.
26 The above action had been recommended by Public works Director Hamer ,
27 who had revised the wording of the current Ordinance to reflect all
28 the changes and fee schedules made in the Code since 1964 .
29 Council Action
30 Motion by Enrooth, seconded by Marks , to approve the first reading of
31 Ordinance 1987-006 and to direct the City Attorney to make the
32 changes he found necessary before the second reading.
33 ORDINANCE 1987-006
34 'AN ORDINANCE ADOPTING THE MINNESOTA STATE BUILDING CODE:
35 PROVIDING FOR ITS ADMINISTRATION AND ENFORCEMENT:
- 36, REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT,
37 ALTERATION, REPAIR, MOVING, REMOVAL, DEMOLITION, CONVERSION,
38 OCCUPANCY; EQUIPMENT, USE, HEIGHT, AREA AND MAINTENANCE OF •
6
ALL BUILDINGS AND/OR STRUCTURES IN .-THE CITY OF ST. 'ANTHONY:
2. PROVIDING PENALTIES FOR THE VIOLATION' THEREOF: AMENDING
3 SECTION 310:00 OF THE 1973 CODE OF ORDINANCES OF THE
4' CITY -OF ST. ANTHONY AND ALL OTHER ORDINANCES AND
5 PARTS OF ORDINANCES IN 'CONFLICT THEREWITH
6 Motion carried unanimously.
7 Public Works to Do ' Winter Maintenance of Ramsey County Roads in St_ .
8 Anthony
9 Council Action
10 Motion by Marks , seconded by Ranallo, to adopt the resolution
11 authorizing the execution of the agreement providing winter road
12 maintenance for Ramsey County 'roads within the City of St. Anthony
13 through the 1987 , 1988 , and 1989 winter seasons.
14 RESOLUTION 87-032
15 A' RESOLUTION AUTHORIZING THE MAYOR AND
16 CITY MANAGER TO EXECUTE THE AGREEMENT BETWEEN
17 RAMSEY COUNTY AND THE CITY OF ST. ANTHONY
18 FOR ROAD MAINTENANCE
019 :Motion carried unanimously.
20 Council A proves 1987 Police Union Contract
21 Mr . Childs reported the negotiations had gone to arbitration and the
22 arbitrator had awarded Local #57 a 4% raise in salary and a $5 . 00
23 raise in the City' s share of contribution toward employee health and
24 life. insurance. This represented to more than the City' s position
25 related to salary but the same related to insurance contributions . He
26 added that the City had also been successful on some other issues .the
27 union wanted, but which the arbitrator -. refused to award, which,
28 , hopefully, would be "laid to rest" for future negotiations.
29 Councilmember Ranallo recalled that the City' s" 30 offer had been
30 researched to be the same as the area private sector was paying.
31 Councilmember Makowske pointed out that the Council had based its.
32 * budget on that research and said she was very concerned about what
33 -many more 4% raises would do to that budget given a 30 levy limit.
34 Council Action
35 Motion by Marks , seconded by Ranallo, to adopt the. resolution ratify-
' 36 ing the 1987 labor agreement between the City of St. Anthony and
37 - Police Department employees as presented . in the October 27 , 1987
038 Council agenda packet.
39
7
1 RESOLUTION 87-033
2 A' RESOLUTION RATIFYING THE 1987 AGREEMENT
3 BETWEEN- THE CITY- OF ST. ANTHONY AND AMERICAN
4 FEDERATION OF STATE,, COUNTY, AND MUNICIPAL
5 EMPLOYEES (AFSCME) COUNCIL 14 , LOCAL 57 ,
6 REPRESENTING ST.• ANTHONY POLICE DEPARTMENT EMPLOYEES
7 Motion .carried unanimously.
8 Four Percent. Raise Also Negotiated with Fire Department Union
9 The agreement for the - above had. been reached one day after the
10 arbitrator' s ruling on the police contract., Mr. Childs noted, with the,
11 negotiators agreeing to accept the same raises as the Police Depart-
12 ment. The City Manager indicated he was therefore recommending the
13 Council approve the labor agreement in their agenda packet.
14 Council Action
15 Motion by Ranallo, seconded by Makowske, to adopt .Resolution 87-034 .
16 RESOLUTION 87 7034
17 A RESOLUTION RATIFYING THE 1987 AGREEMENT •
18 BETWEEN THE -CITY AND TEAMSTERS LOCAL NO. 320 ,
19 ' REPRESENTING THE ST. ANTHONY FIRE DEPARTMENT
20 AND AUTHORIZING THE MAYOR AND CITY MANAGER TO.
21 EXECUTE THE AGREEMENT ON BEHALF OF THE CITY
22 Motion carried unanimously.
23 1987., 1988 , 1989 Local Addendum to Public Works Contract Approved
24 Mr. Childs reported only the local issues were addressed in the
25 agreement the Council had been provided. He said the employee
26 negotiators had requested changes in vacation pay, sick leave,
27 holidays , longevity pay, which he had recommended not be included.
28 However , he was recommending the funeral leave for a. death of a
29 brother or sister. be brought in line with other City contracts and
30 that the Maintenance I ratio be changed to Maintenance II ratio, as
31 the department had requested, perceiving that change would benefit the
32 City as well as the employees .
33 Council Action
34 Motion by Ranallo, seconded by Enrooth to adopt Resolution 87-035 .
35 RESOLUTION 87-035
36 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER •
37 TO EXECUTE THE LOCAL ADDENDUM TO THE AGREEMENT
8
• 1. .BETWEEN THE METROPOLITAN AREA MANAGEMENT
2 ASSOCIATION, REPRESENTING THE CITY OF
3. ST. .ANTHONY, AND THE INTERNATIONAL UNION
4 . . .OF. OPERATING ENGINEERS, LOCAL. 49 .
5 Motion carried unanimously.
6 Mr. Childs drew the Council ' s attention to the fact that this was .the
7 end of labor negotiations for contracts which are normally signed
8 around the first of .the year.
9 Mayor Sundland indicated he perceived that after November 3rd he and
10. Councilmember Marks should be 'able to get together to start negotia-
li tions on a contract with Mr. , Childs .
12 _UNFINISHED BUSINESS
13 Ordinance Amended to Provide for Caretaker Residences in Mini-
14 Warehouse Facilities
15 . Motion by 'Makowske, seconded by Marks to waive the second reading,
16 approve the third reading, and adopt the Ordinance amendment which
17 would allow two caretaker residences in a mini-warehouse facility.
18 ORDINANCE 19.87-004
W19 AN ORDINANCE RELATING TO CONDITIONAL USES IN THE
20 LIGHT INDUSTRIAL ZONING CLASSIFICATION, AMENDING
21 SECTION. 10 , SUBDIVISION 3 , ITEM 7 , OF
22 APPENDIX I' OF THE 1973 CODE OF ORDINANCES
23 Motion carried unanimously.
24 Staff to Work With Petitioners on Amusement Arcade Solution
25 The Council had tabled action September 22nd on the. request from .
26 American Amusement Arcade dba Picadilly Circus , for a conditional use
27 permit to allow operation .of an amusement arcade next. door to the .
28 City' s Apache Wells bar in. the Apache .P.laza Mall, perceiving in-
29 dividual visits .to the company' s other metropolitan operations might
30. help. in . making a decision on the request. During the interim, , the,
31 City Attorney had advised. Councilmember.s relative to the legal
32 ramifications involved in those decisions. Mr . Childs had summed up
33 Mr . Soth-' s recommendations in a memorandum in the agenda packet.
34 Comments made at the opening of the discussion seemed to indicate
35 there had been little change in Council positions of opposition to the
36 proximity of the proposed arcade -to the bar or concerns about the co-
37 mingling of patrons in these two establishments .
8 Councilmember Marks said conversations with other persons since
9 . September 22nd had only served to strengthen his conviction that there
9
1 was a real -:-need - 'to provide ' some sort- of commercial, supervi'-ed
2 entertai-nment -outside of-school "and: churchactivities for the City.' s
3 youth rather than to force them' I to.. go outside the. City. seeking
4 recreational facilities- and activities .over which their. parents would.
5 have less control. However, the Councilmember indicated- he. shared
6 - the concerns ' of Mayor Sundland and Councilmembers Ranallo,- .Makowske,
7 and Enrooth about the proposed location.
8 Norman Pink and Gene Winstead, representing the arcade company,.- and
9 Dennis Cavanaugh, speaking for Apache management, reiterated many of
10 the points they had made during the September 15th Commission
11 hearing and the September 22nd Council consideration of . the issues.
12 Included in these were their position -that there was - already. an
13 arcade in the Apache Bowling Alley where 3 . 2 beer is .sold for consump-
14 tion in the arcade and the difficulty the Apache management faces
15 attempting to make a business decision based on the City' s keeping
16 their bar open in Apache, which is still under negotiation.
17 Councilmembers Makowske, Ranallo, and Enrooth continued to question
18 whether creating a situation where drinking _ pat,rons of the bar and
19 young people in the arcade might mix could possibly benefit the
20 community.
21 Mayor Sundland stated that the only condition under which he would
22 approve the permit for the operation in that location would be if a
23 uniformed security person were on duty whenever the . school age trade
24 could be expected in the establishment. He said he didn' t neces-
25 sarily see the need for an off duty policeman, but would be satisfied
26 with a security guard from some security company like the one Apache
27 retains .
28 The proponents contended that their managers are trained to provide. .
29 security for their operations and to pay for additional security for
30 any time except perhaps the weekend nights would just not be economi-
31 cally feasible for them. However , in relation to the Council ' s
32 concerns that pool tables would draw the bar patrons into the arcade,
33 ' Mr . Pink said his company would be willing to eliminate them from the
34 games , -but asked the City to trust their reputation as 50 year owners
35 of the business rather than to have the elimination of - pool tables
36 written in as a condition for permit approval. The arcade owner said
37 the written clause would be hard to change later if the bar moves from
38 its current location, the Council ' s opposition to pool tables softens ,
39 etc.
40 Mayor Sundland responded that he perceived the City would have no
41 bargaining position at- . all if there was nothing written down and
42 problems developed after the arcade opened.
43 When Councilmember Enrooth wondered if the audio levels on some of the
44 games might not be conducive to the type of atmosphere the City •
45 desires for the Apache - Wells , Mr. Pink assured him his company would
46 try to locate the less .noisy games next to the 10 .inch wall which
10
1 would separate . the two establishments ra.t-her. than to antagonize th,e
2 Liquor Manager , who selects the vendors for -the amusement games. in
3 the municipal - liquor stores, many of .which are American -Amusement
4 devices.
5 The possibility of making .the - arcade an adult-only operation or even
6 --having American -Amusement. operate their video games and pool tables in
7 - conjunction with the Apache Wells .or in another Apache .location were .
8 then explored.
9 The meeting was recessed from 9: 01 P.M. to 9: 15 P.M. when. .Councilmem-
10 ber Enrooth suggested staff be directed to . develop some sort of
11 . . agreement which. . would be palatable to both parties. Mr. Winstead
. 12 - indicated a willingness. : to -.work with staff , saying he perceived.
13 another week or two would. not be too detrimental to them, consider-
- 14 ing that they were planning a long term commitment to an Apache
15 - operation which required a solution to the impasse.
16 Council Action
17 Motion by Enrooth, seconded by Marks to table action on the arcade
18 request for further research and recommendations from the staff .
19 Motion carried unanimously.
020 Pull Tabs Decision Deferred for Further Information From Lions Club
21 Councilmember Makowske had distributed copies of information related
22 to the Lions International- organization activities overseas, which she
.23 had found disturbing. The Mayor complimented her for going directly
24 to Ken Girard,. the St. : Anthony Lions ' President, who had been one of
25 the strongest advocates of the City permitting pull tabs in the: City
26 liquor establishments and suggested the Council again table the matter.
27 until after Mr. Girard' s reply is received.
28 Mr. Soth had addressed the issues the Council had asked him to
29 research related to the control the City would be able to exercise
30 over charitable gambling within St. Anthony in his October 16th
31 memorandum, a copy of which had been included in the agenda packet.
32 - Mr. Childs, in his October 22nd memorandum, had posed several ques-
33 tions staff needed the Council to answer before an Ordinance change
34 could be considered. Councilmember .Makowske indicated she perceived a.
35 direct report -from the Liquor Manager would also be helpful.
36 Council Action
37 : Motion by - Marks, seconded by Makowske , to ,table action on a possible
38 - Ordinance change regarding:: pull tabs in municipal liquor stores for a
39 further report from Councilmember Makowske.,
•40 Motion carried unanimously.
11
1 AGENDA ADDENDUM
2. Council to' Canvass City Election After . Polls Close
3 Motion by Marks, seconded by Sundland to schedule a Council meeting
4 at 8': 45 P.M. , November. 3 , 1987, to canvass the results of the City
5 election-
6 Motion carried unanimously.
7 ADJOURNMENT
8 Motion by Enrooth, seconded by Marks,. to adjourn . the meeting at
9 9: 30 -P.M. -
10 Motion carried unanimously.
11 Respectfully submitted,
12 Helen Crowe, Secretary
13 •
14 Mayor
15 ATTEST:
16 City Clerk
17 :cjk
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