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HomeMy WebLinkAboutCC PACKET 12131988 (2) Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 100624 Box: 18 Folder: CC PACKETS 1987-1989 Document: CC PACKET 12131988 . ain thou illa e DACE: APPROVAL : December 21 , 1988 TO : City Council Members ]FROM: ' Helen Crowe, Council Secretary =TEM : CONDENSED REPORT ON PLANNING COMMISSION MOTIONS DECEMBER 20, 1988 The Commissioners perceived the reasons the above had been tabled at their last meeting had been satisfactorily addressed in the following variance requested presented by Charles Younquist of R. L. Johnson Investment Company and Barb 'Pitcher of Nordquist Sign Company. Commission Recommendation Motion by Franzese, seconded by Madden to recommend the City Council grant the request from R. L. Johnson Investment for a variance from the sign regulations of the City Code which would allow the installa- tion of a free standing sign at 3055 Old Highway 8 in accordance with the specifications for a 9 foot X 5 foot, 4 inch sign with a three foot tall base (overall height of 8 feet; 6 inches) in the location proposed by the applicant during the continuance of the public hearing on the proposal conducted by the Planning Commission, December 20, 1988. The Commission further recommends the variance be granted upon the condition that: 1. the proposed sign would be in lieu of all other permitted wall signs provided for that building in the City Ordinance; 2. all current leasing and identification signs and banners on and next to the building be removed as soon as the permanent signage is positioned, sometime around March 1st; and .3 all sign lighting be turned off by 10:00 P.M. In recommending the variance be granted, the Planning Commission finds that: a. the new proposal appears to address the concerns of . the residents who live near the building which had been communicated to Commis- sioner Hansen; b. all three conditions which are statutorily required to be satisfied been satisfactorily addressed .with the revised signage proposal . Motion carried unanimously. Several revisions of the hours of operation were in the following motion dealing with the proposed massage school and therapeutic massage center with the final conclusion that a business need not be operated before noon on Sunday. The applicant had reported holding at least two weekend seminars a year which usually ran from 9:00 A.M. to 6:00 P.M. on Sunday. commission Recommendation Motion by Hansen, seconded by Brownell to recommend the City Council grant the Touch of Life School of Massage, Grace Cooney, Director, the requested conditional use permit for the purpose of providing a therapeutic massage as well as instruction in such at 2504 - 39th Avenue N.E. (Apache Squares Building, just west of the main Apache Plaza mall) which is in a commercial "C" zoning classification. The Planning Commission further recommends the permit be granted only under the following conditions: 1. hours of operation would be restricted to from 8:00 A.M. to 10:00 P.M. ,. Monday through Saturday and noon to 6:00 P.M. on Sunday; 2. the permit would be automatically revoked if there is any violation of applicable City or state statutes related to criminal sexual conduct by any person associated with the operation; 3. the massage therapy and training offered in this center must comply with the code of ethics and definition of massage therapy established the American Massage Therapy Association which had been provided by the applicant. In- recommending this permit be granted, the Planning Commission finds that: a. there was no opposition to the permit demonstrated either before or during the Commission's December 20, 1988 hearing; and b. all three conditions statutorily required to be satisfied before a conditional use permit may be authorized appear to have been met with this application. Motion carried unanimously. HC:cjk CITY OF ST. ANTHONY RESOLUTION 88-052 RESOLUTION DETERMINING CHANGE OF PUBLIC USE OF CERTAIN TAX-FORFEITED LAND WHEREAS, the City of St . Anthony, a governmental subdivision (the "City" ) is authorized to acquire tax-forfeited lands for a public use pursuant to Minn. Statutes, Section 282. 01, subd. 1; and WHEREAS, the City so acquired certain tax-forfeited land for a specified public use through a state deed dated November 17 , 1967 (the "Deed" ) , said tax-forfeited land lying and being -in the County of Ramsey and State of Minnesota and legally described as follows, to wit (such tax-forfeited land is hereinafter referred to as the "Tax-Forfeited Land" ) : Lot 1, Block 2, Moundsview Acres Second Addition and WHEREAS, Section 282.01, subd. 1 authorizes the specified public use of the Tax-Forfeited Land to be changed to another public use, provided, inter alia, the governing body of the City determines by resolution that such other public use shall be made of the Tax-Forfeited Land; and WHEREAS, the City Council of the City (the "Council" ) is the governing body of the City. NOW, THEREFORE, be it resolved by the Council as follows: 1. The Council hereby finds and determines that the public 1 1. use specified in the conveyance of the Tax-Forfeited Land to the City through the Deed 'be changed to another public use, which other public use shall be the City' s conveyance of the Tax- Forfeited Land to the Housing and Redevelopment Authority of St. Anthony, Minnesota (the "Authority" ) for reconveyance and development in accordance with Minn. Stat. , § 469.001 et. seq. , the Housing and Redevelopment Act (the "Act" ) . 2. It is the Council ' s desire that the City' s conveyance of the Tax-Forfeited Land to the Authority and the Authority' s reconveyance of the Tax-Forfeited Land be performed in accordance with Section 282.01, subd. 1 so as .to terminate any rights of reverter to the Tax-Forfeited Land in favor of the State of Minnesota. 3. The Council hereby directs the City staff to take whatever action is necessary in accordance with Section ' 282. 01, subd. 1 to obtain approval from the County Board of Ramsey County, Minnesota (the "County Board" ) for the said change of public use of the Tax-Forfeited Land and to make proper application to and obtain the approval of the commissioner of revenue for the State of Minnesota (the "Commissioner" ) to effect the subject change of public use, and the Council further directs the City staff to properly convey the Tax-Forfeited Land to the Authority subsequent to obtaining the approvals of the -County Board -and the Commissioner -and to take whatever action is necessary and available to ensure the Tax-Forfeited Land is 2 reconveyed by the Authority in accordance with the Act and Section 282.01, subd. 1 so as to terminate any rights of reverter to the Tax-Forfeited Land in favor of the State of Minnesota. Adopted by the City Council of the City of St. Anthony this 21st day of December, 1988. Mayor Attest . Ci-y Clerk -- Reviewed for administration: City Manager 3 T _ f • C STY O F S T . ANTHONY C 2 TY C OUN C S L M S NUTS S DECEMBER 1 3 ., -1- 988 1 The meeting was called to order at 7: 30 P.M. with the Pledge of 2 Allegiance led by Mayor Sundland. 3 ROLL CALL 4 Present for roll call: Marks, Ranallo, Sundland, Enrooth, Makowske. 5 Also present: David Childs, City Manager 6 William Soth, City Attorney 7 NOVEMBER 22, 1988 COUNCIL MINUTES 8 Motion by Marks, seconded by Makowske to approve with the following 9 changes: 10 Page 4, line 30: Substitute "life" for "life" . 11 Page 4, line 39: Substitute "non" for "con" in "non-conforming" . Page 7, line 23 : Substitute "tie" -for "time" . Page 9: line 17: Substitute "weren't" for "were" . 14 Page 9, line 40: Substitute "flow" for "low" . 15 Page 11 , line 27: Insert ""in a memorandum dated" before "July 18. 11 . 16 Page 12, line 17: Delete "all the waste materials" . 17 Page 12, line 31: Correct spelling of "Evertz" wherever used on 18 this page or elsewhere in the minutes. 19 Page 15, line 19: Substitute "now" for "not" . 20 Page 15, line 35: Substitute "the" for "his" . 21 Page 16, line 32: Substitute "above" for "about" . 22 Page 19, line 26: Substitute "Christen"- for "Christensen" . 23 Page 19, line 36: Substitute "charges" for "changes" . 24 Page 22, line 8: Substitute "January" for "February" . 25 Motion carried unanimously. 26 LICENSES/PERMITS/PETITIONS 27 Motion by Ranallo, seconded by Enrooth to grant the following licenses 28 as listed in the December 13 , 1988 Council agenda packet: 29 Heating 30 Thermex Corporation, Minneapolis 1 A. Binder & Son, South St. Paul 1 I Contractors 2 Construction 70 Inc. , Roseville • 3 Bruce Holten Construction, Inc. , St. Anthony 4 Paul S. Gray, Faribault, MN 5 H & L Remodeling, Inc. , Minneapolis 6 Motion carried unanimously. 7 CLAIMS 8 Motion by Ranallo, seconded by Marks to approve payment of all City 9 accounts payable for November 30th and Liquor Operation accounts payable 10 for November 17th as listed in the December 13th Council agenda as well 11 as all City accounts payable for December 13th distributed before the 12 meeting. 13 Motion carried unanimously. 14 Motion by Enrooth, seconded by Ranallo to approve payment of $2,400.00 15 to the Hance & LeVahn law firm for legal services rendered for the month 16 of December, 1988 relative to St. Anthony prosecutions. 17 Motion carried unanimously. 18- -Motion by Enrooth, seconded by Ranallo to approve payment of $1,497.98 19 to the Dorsey & Whitney law firm for legal services rendered in 20 connection with the issuance of $210,000 General Obligation Sewer 21 Revenue Bonds for the Foss Road Lift Station. 22 Motion carried unanimously. 23 Motion by Marks, seconded by Ranallo to approve payments of $16,510.79 24 and $2,893 .50 to Briggs and Morgan law firm for legal services rendered 25 during October, 1988 in conjunction with the City's water contamination '26 law suit. 27 Motion carried unanimously, 28 Motion by Marks, seconded by Ranallo to approve payments of $3,348.00 29 and $3 ,240.00 to Calgon Carbon Corporation for service fees on the 30 temporary carbon filtration facility during October and November, 1988. 31 Motion carried unanimously. 32 A short discussion of the extent of engineering services which would be 33 to get the permanent filtration facility into place preceded the 34 following: 35 Motion by Ranallo, seconded by Makowske to approve payment of $1,179.98 36 to Rieke-Carroll-Muller Associates as per billing in the December 13th 37 Council agenda packet. 2 • r • Motion carried unanimously. 2 A report on problems with a subcontractor's work on the lift station 3 preceded the following: 4 Motion by Marks, seconded by Enrooth to approve payment of $1,642.85 to 5 Short-Elliott-Hendrickson, Inc. for engineering services from September 6 18 through October 15, 1988 on the replacement of the Foss Road Sewage 7 pumping station. 8 .Motion carried unanimously. 9 Motion by Makowske, seconded by Marks to approve payment of $2,807.64 10 to LeRoy Signs for the lettering on the City's new entrance sign. 11 Motion carried unanimously. 12 Motion by Enrooth, seconded by Makowske to approve payment of $2,155.00 13 to Lindberg Concrete for the installation of the brick sign base for the 14 new entrance sign. 15 Motion carried unanimously. 16 Mr. Childs indicated the sign would be landscaped and "tastefully" 17 lighted at night next spring. V 9Motion by Marks, seconded by Ranallo to approve payment of $11 ,220.00 to Advanced Heating & Air Conditioning, Inc. for installation of the 20 . HVAC in conjunction with the fire station renovation. 21 Motion carried unanimously. 22 Motion by Enrooth, seconded by Makowske to approve payments to .Dickson 23 Electric, Inc. of $1,790.00 to connect the above roof top HVAC and 24 $1,950.00 for electrical work on the temporary carbon filtration 25 facility. 26 Motion carried unanimously. 27 Motion by Marks, seconded by Ranallo to approve payment of $26,082.04 28 to the Metropolitan Waste Control Commission for December sewer 29 services. . 30 Motion carried unanimously. 31 Motion by Ranallo, seconded by Enrooth to approve payment of $41, 344 .00 32 as the percentage due Newmech Companies for the Foss Road sewage station 33 replacement. 34 Motion carried unanimously. . • 3 1 UNFINISHED BUSINESS 2 Pull Tab Ordinance Adopted • 3 Motion by Ranallo, seconded by Enrooth to approve the third reading and 4 adopt the ordinance amendment which permits the sale of pull tabs for 5 charitable purposes in the two City on-sale liquor establishments. 6 ORDINANCE 1988-011 7 AN ORDINANCE RELATING TO LAWFUL GAMBLING IN MUNICIPAL 8 LIQUOR DISPENSARIES FOR THE ON-SALE OF INTOXICATING LIQUOR; 9 AMENDING SECTION 445: 10 OF THE 1973 CODE OF ORDINANCES 10 Voting on the motion: 11 Aye: Ranallo, Enrooth, Sundland, Makowske. 12 Nay: Marks. 13 Notion carried. 14 Action on Pull Tab Lease Deferred 15 The Manager suggested that in view of differences between the consortium 16 and the City related to the lease for the space to be used by the 17 consortium, action on the lease and resolution in the agenda packet be 18 deferred for further negotiation. Terry Taylor of the St. Anthony 19 Village Sports Boosters was present but did not speak to the issue. 20 REPORTS 21 COUNCIL 22 Marks and Madden Proposed to Represent St. Anthony on Ramsey County 23 Regional Railroad Authority 24 The Councilmember requested that he be appointed to represent the 25 Council on the Intergovernmental Committee. Councilmember Makowske 26 suggested that Planning Commission member John Madden certainly had the 27 professional background to serve on the Technical Committee. She asked 28 that he be contacted and said if he couldn't serve, she had several 29 names to propose in his place. 30 Council Action 31 Motion by Ranallo, seconded by Enrooth to appoint George Marks to 32 represent the Council on the Intergovernmental Committee of the Ramsey 33 County Regional Railroad Authority and to request staff contact John 34 Madden to ascertain his interest in serving on the Technical Committee. 35 Motion carried unanimously. 4 • 1 Councilmember Marks Reports Participation in North Mankato Planning and Zoning Institute 3 The Councilmember indicated the above institute had been held December 4 8th. 5 City Representatives Report "Cordial and Productive^ Meeting That 6 Morning with District #282 School Representatives 7 Councilmember Enrooth and Mr. Childs said they perceived greater 8 cooperation was possible between the City and the School District in 9 conjunction with recreation and community services and the Councilmember 10 indicated future meetings would address some of the services which are 11 now duplicated. The City Manager said he perceived some cooperative 12 janitorial services were possible and said he hoped the recently 13 authorized facility study would address some of the current problems 14 caused by the wide separation of City and Community Services offices in 15 the building. 16 Mr. Childs reported it had been decided that a meeting about every other 17 month would enable the two entities to work on arrangements designed to 18 provide greater cooperation between the City and the School District. 19 He said he perceived the School District's main concerns were of a long 20 range nature while the City was now more occupied with short range 21 issues having to do with the renovation of the building and greater 22 utilization of the available space. Mayor Sundland indicated he knew Superintendent Meriwether had been 4 anxious to have this meeting held and he said he personally was very 25 happy to see a dialogue started with regular meetings scheduled for the 26 future. 27 Council Authorizes Proclamation of Congratulations to St Charles 28 Borromeo Church on Fiftieth Anniversary 29 Councilmember Makowske gave the Mayor a copy of the program for -the 30 Anniversary Mass the local congregation had celebrated the previous 31 Sunday in recognition of establishment of the parish in St. Anthony, 32 December 8, 1938. 33 Council Action 34 Motion by Ranallo, seconded by Enrooth to direct staff to prepare a 35 proclamation congratulating the parishioners and clergy of St. charles 36 Borromeo Church on - the 50th anniversary of the establishment of the 37 parish in St. Anthony Village. 38 Motion carried unanimously. 39 City Attorney to Research Costs of Officially Changing City Name to "St. 40 Anthony Village" 5 1 Councilmember Ranallo reported several residents, upon noting the City's 2 new entrance sign, had called him to tell him the fact that the • 3 lettering was for "St. Anthony Village" had confused them. He said 4 their comments were to the effect that the Council had told them not too 5 long ago that St. Anthony was required by statute to be referred to as 6 the "City of St. Anthony" and now, you're telling us its' OK to call it 7 "St. Anthony Village" . " Mr. Soth told him if the change was made, all 8 official documentation statutorily had to be identified as from the 9 "City of St. Anthony Village" but it might be possible to refer to the 10 community as "Village" in other situations without changing the 11 letterheads, etc. When Councilmember Enrooth indicated he wouldn't be 12 interested in making the change if it' would cost the City or the 13 residents too much to do so, the City Attorney said he didn't think the 14 change would be too difficult or expensive but he would check it out 15 with the Minnesota Department of State and report his findings back to 16 the Council as soon as he could. 17 There was concurrence that having two cities in Minnesota with the same 18 name is very confusing at times and Mayor Sundland pointed to the fact 19 that 67% of the community had responded to the recent survey by 20 indicating they chose to be identified as from "St. Anthony Village. " 21 PUBLIC HEARING 22 Gross Golf Course and Sunset Memorial Cemetery Spokespersons object to 23 Having to Pay for Reconstruction of St. Anthony Boulevard 24 At 8:02 P.M. , the Mayor opened the public hearing on the $112,850.95 the 25 City proposes assessing against abutting properties for the 26 reconstruction St. Anthony Boulevard between the Burlington Northern 27- Railroad bridge and the south City limit line. He referred to the 28 Notice of Hearing which had been mailed to the abutting property owners 29 and published in the Bulletin and Resolution 88-047 with which the 30 Council would be adopting special assessments against the only two 31 properties which abut St. Anthony Boulevard in the subject, Gross Golf 32 Course and Sunset Memorial Cemetery. 33 Staff Report 34 Mr. Childs told the representatives of those two properties that under 35 the City Assessment Policy the Council had adopted in February, 1986, 36 the amounts they were being assessed included the costs of: 37 *a 5 ton roadway thickness, even though a 9 ton roadway had been 38 constructed with the difference between a 5 and 9 ton design being 39 paid for by the City; 40 *an 8 foot traffic lane next to their properties needed for ingress 41 and egress with the cost to reconstruct the middle of the road being 42 paid by the City for the use of the general public; 43 curb and gutters for which they would have to pay 100%. 6 Mr. Soth added that the City was required to conclude that the amount of the special benefit to each property assessed would be at least equal 3 or greater than the amount of the assessments and had retained an 4 appraiser to evaluate their properties and provide evidence that these 5 assessments had met that criteria. The appraiser had written the City 6 a letter assuring that the values of the properties being assessed had 7 increased substantially more than the amounts proposed to be assessed. 8 Assessments Opponents 9 Harvey Feldman, Minneapolis Park & Recreation Board Secretary, 10 summarized December 13th letter from the Board to the City Clerk which it he handed to the Council Secretary in which the Park Board "went on 12 record as objecting to being assessed for St. Anthony Boulevard roadway 13 improvements against Gross Golf Course property in the amount of 14 $56,494 . 50. " 15 The Minneapolis Park Board Secretary reiterated the following points in 16 that letter: 17 *said the Board had an agreement with St. Anthony dated December 17, 18 1965 which stated that the Minneapolis Board of Park Commissioners at 19 that time would convey an easement for parkway purposes to the Village 20 of St. Anthony with four conditions; 1 *indicated that the condition he would be addressing that evening would be the one which stated that "the City of Minneapolis and its 03 Board shall not without their consent be assessed for boulevard or 24 other improvements within the Village of St. Anthony"; 25 *argued that St. Anthony should continue to honor the terms of that 26 agreement; 27 *indicated that the Board perceived Gross Golf Course to be "a 28 significant asset to the City of St. Anthony's liveability and should 29 be treated as a major recreation resource enjoyed by the community"; 30 *said he perceived St. Anthony should see to it that the golf course 31 is utilized to the best of both cities abilities and for the lowest 32 possible cost to the golfer; 33 *insisted that those costs would rise if the Minneapolis Park Board 34 had to pay the proposed assessments. 35 Mayor Sundland read aloud the Board's letter. When he read the 36 paragraph which indicated the Park Board "does not recall receiving 37 legal notice of the hearing on the proposed improvements and therefore 38 was not able to object at that time and question the benefits received 39 by the improvements", Mr. Childs produced the Affidavit of Mailing 40 dated December 22, 1987 which certified the Notice of the Hearing had �1 been sent to the Minneapolis Park & Recreation Board at the same address 7 1 as Mr. Feldman's letter. Mr. Feldman said he hadn't claimed the notice 2 hadn't been sent but only that they hadn't gotten it. He told Council- • 3 member Marks that because of that, the Park Board had never had the 4 opportunity of addressing the issue of whether they would have opposed 5 the improvements. 6 Council/Staff Response 7 Mayor Sundland told Mr. Feldman the City had a copy of the agreement 8 he was referring to and recognized it was bound to "generate some 9 discussion, " however, the Council perceived the roadbed had deteriorated 10 to the point where the City had to take action because unquestionably it its condition was adversely affecting the golf course, the cemetery, 12 and the community in general . 13 Councilmember Marks agreed that the poor condition of the roadway was 14 self evident, even to the point where some people had commented that the 15 Boulevard had "the longest set of speed bumps the City had ever had. " 16 Councilmember Enrooth commented that even if the Park Board couldn't 17 recall getting the notice of the hearing, he knew for a fact that the 18 discussions of the improvements between the City and Minneapolis had 19 been carried on continuously since that time and none of those 20 discussions generated a formal objection from the park Board. Mr. 21 Childs agreed, saying the City had dealt with the Park Board relative 22 to construction easements, etc. 23 Mr. Feldman then clarified that the Park Board was not objecting to the 24 City improving the road, but the "bottom line" was that the Park Board 25 just wanted St. Anthony to honor its agreement not to assess them for 26 the improvements. He also expressed concerns that "if the City decided 27 not to honor its agreement regarding assessments, would the City also 28 decide not to honor the condition in the agreement which said the City 29 had to maintain and operate the street in the future?" He told 30 Councilmember Ranallo that if they had received the notice of the first 31 hearing, they would have attended and conveyed the same message about 32 the City honoring its agreement as had been expressed that evening. He 33 said he perceived "we didn't get our day in court, where you might have 34 chosen to work out the assessments in a different manner. " However, 35 the Park Board spokesman indicated, he was not prepared to speak for the 36 nine elected Park Board officials as to whether or not they might have 37 been willing to pay less if they had been present at the hearing on 38 the improvements themselves. 39 Mr. Soth read the conditions in the 1965 agreement, including the one 40 which addressed the maintenance and assessment for improvements on the 41 street. He said his firm had researched case law on the latter point 42 as to the validity of such a provision under which the .City could agree 43 not to asses a piece of property within the City and had concluded that 44 could be done only with "specific statutory authority" , which the City 45 Attorney indicated there had appeared "to have been no such authority 46 in 1965. " He said even if there had been, it would have been necessary 8 1 based on similar cases where there was such statutory authority to limit 41 the duration of such an agreement and the amount related to the value of what was being conveyed. The Attorney indicated that even since 4 those cases, (some of which even involved the Minneapolis Park Board) , 5 there had been a Constitutional Amendment in which one of the cases 6 suggests that the amendment itself would even prohibit the legislature 7 from even authorizing such an agreement. He said he therefore had to 8 conclude that "if the City had no authority to agree to exempt a piece 9 of property forever because it would be invalid to do so, that agreement 10 should have no bearing on the City's proposal to assess the Park Board 11 now. " Mr. Soth told Mr. Feldman he had not researched the validity of 12 the agreement not to charge the park Board for maintenance of the 13 parkway as well or whether the restrictions of certain types of traffic 14 would still be in force. 15 Mr. Feldman said he perceived the City in 1965 had come to the Park 16 Board requesting the easement because they wanted to control that 17 roadway. He said the Park Board agreed to grant (for an amount the 18 Board assumes was probably a dollar) the easement, making the parkway 19 a St. Anthony street, which the City would maintain. He said he had 20 a hard time seeing how one of the parties could separate one part of the 21 agreement by saying it was invalid without dealing with all the other 22 parts of the agrement. 23 Mr. -Soth told him he assumed the other parts of the agreement were still 24 valid because there is authority for those sections but there was not 25 authority for the City to exempt property for an unlimited period of time or amount forever. Mayor Sundland indicated the City maintained all of its roads, but when the time came to reconstruct them, the City 28 had developed an Assessment Policy whereby abutting property owners 29 shared in the costs. He pointed out that even the non-profit St. 30 Charles Church had been assessed for its share of the costs of 31 reconstructing section of the same Boulevard in that area. He said he 32 perceived all assessments were based on the benefit received by the 33 abutting property owners and, if even the legislature can't 34 constitutionally property certainly the City can't either. 35 Mr. Soth indicated that even in cases where there had been statutory 36 authority for such an agreement, the Courts had ruled that specific 37 amounts had to be spelled out in the agreement which, as far as the 38 City can see, certainly wasn't done in this case. 39 Councilmember Enrooth reiterated that the Park Board and Sunset Memorial 40 Cemetery were only being assessed for a 8 foot traffic lane on a five 41 tone road, which is estimated to amount to only about 20% of the total 42 reconstruction cost. 43 When Mr. Feldman said the golf course didn't make $50,000 a year and 44 there would have to be reconsideration of the golf fees which would have 45 to be charged, he was told the assessments could be paid off in ten 46 years and Councilmember Ranallo pointed out that the golf course hadn't 47 been assessed anything for the past 30 years and a new road could be • 9 1 expected to last at least 10 or 15 years, so the costs could be 2 considered to be spread out a lot further than one year. • 3 Councilmember Enrooth commented that as a resident who golfs, he would 4 certainly not mind paying another 25 cents a round to have access on 5 a new road rather than the one which was there before reconstruction. 6 He told Mr. Feldman the complaints the City had gotten about the 7 condition of the road prior to its being fixed were "numerous and 8 continuous" and he perceived pro rating the assessment out over the 9 years wouldn't represent a substantial increase in the costs for the 10 golf course. The Councilmember added that he perceived the new roadway 11 would "help the golf course considerably and would greatly facilitate 12 usage. " Mr. Feldman said "golfers will find the best golf course for 13 the money no matter how they have to get there. " He pointed out that 14 the highest number of rounds are played at Gross and Meadowbrook and 15 said that "even without an agreement, Meadowbrook did not charge us for 16 improving the roads. " 17 Robert S. Patterson of the Phillip S. Resnick & Associates law firm 18 reiterated the Sunset Memorial Cemetery position against the "entire 19 amount of the proposed assessment" contained in the letter signed by 20 Michael Kelley, General Manager of Sunset Memorial Cemetery which he 21 handed to the Secretary. These were that: 22 *there were numerous other residents and businesses who potentially 23 benefitted from the improvement, including large businesses adjoining 24 the City of St. Anthony who generated traffic on the boulevard; 25 *the Boulevard provides a major route of ingress and egress to and • 26 from the City of St. Anthony and the City of Minneapolis, therefore, 27 should bear a large percentage of the cost of the reconstruction; 28 *the cemetery management was joining in with the Golf Course objection 29 to the assessment because both parties perceived it was unjust to 30 require only two abutting property owners to bear the entire cost of 31 the reconstruction. 32 Mr. Patterson said he hadn't read the Park Board easement and didn't 33 know whether it affected the cemetery property, but to the extent the 34 Park Board was objecting to the entire $112 ,850.95 assessment, wanted 35 the record to show that Sunset Memorial was joining in that objection 36 as well as the value of the improvements made in the reconstruction to 37 not only Sunset and the golf course but also the St. Anthony residents 38 as a basis for the assessments. He said as an occasional user of the 39 road and the golf course, he knew a lot of drivers used the boulevard 40 - to get in and out of St. Anthony and he perceived there were a lot more 41 people and businesses who benefited from the use of the road than just 42 those who were going to the golf course or the cemetery. 43 The counsel for the cemetery said he would like to see a copy of the 44 ordinance which adopted the 1986 assessment policy as well as the 45 calculations which determined what the benefits to the two properties • 10 1 were. Mr. Soth reiterated that the City had an appraiser review the 2 benefits, but he had not arrived at specific dollar amounts at this •3 point. Mr. Childs indicated the appraiser had used the costs of the 4 project prepared by the engineers this fall which differentiated 5 between the 5 ton and 9 ton road. The City Manager confirmed that the 6 road was a state aid road and the City used its MSA allocation to pay 7 the City's share of the costs just the same as had been done on the 8 other end of the boulevard, which had also bene reconstructed. He 9 corrected the misinformation the lawyer had that there has been any 10 direct federal aid received for the project. 11 Mr. Patterson said the cemetery, unlike the Park Board, is operated to 12 make a profit for the corporation which owns it. He reiterated that he 13 believed that given all the advantages this street offers other 14 residents and businesses besides the two entities which are being 15 assessed, in the interest of justice the costs should be spread more 16 evenly among the users of the road, particularly the business just north 17 of the golf course, which gets an advantage from that street. 18 Mayor Sundland indicated that was the same argument all property owners 19 make whenever their street is improved and they are assessed for the 20 costs. He said all the residents on the other side of St. Anthony 21 Boulevard had to pay the same share of assessments as were being 22 proposed that evening. The Mayor also pointed out that the former 23 owners of Sunset Park had been very vocal in their complaints about the 24 condition of the roadway. Councilmember Marks said he understood that 25 when a corporation changed hands, the new owners had to assume all the 40 6 debts and responsibilities of the previous owners. 27 Mr. Childs pointed out that because state law does not require 28 cemeteries pay property taxes, it should be remembered that the cemetery 29 is receiving with out the cost the benefit of police and fire protection 30 and regular street maintenance, which is considerable. He reiterated 31 that the cemetery and the golf course were not being assessed for the 32 extra width or strength required for the middle of the road which all 33 traffic uses, but only for the 8 feet next to their properties which are 34 needed to get into and out of their properties. 35 Councilmember Marks said he was fairly certain that the same cemetery 36 general manager who had signed the letter of opposition had attended the 37 hearing on the improvements. which included estimates of over $400,000 38 for getting the road improved and still had been in favor of going 39 forward with the project. Councilmember Ranallo told him he perceived 40 this was just more of the same story the Council always hears where the 41 golfers at Gross as well as all the morticians who drove to Sunset had 42 complained for years about the terrible condition of that roadway and 43 continually asked the Councilmembers "when are you going to fix that 44 street?" , but now "no one wants to pay for it. " 45 Mayor Sundland told Mr. Feldman and Mr. Patterson their objections would 46 be recorded and indicted the figures they had expressed an interested • 11 1 in seeing would be mailed to them at the addresses listed on their 2 letterheads. • 3 The hearing was closed at 8:40 P.M. for the following: 4 Council Action 5 Motion by Marks, seconded by Enrooth to adopt Resolution 88-047. 6 Motion carried unanimously. 7 CONTINUATION OF COUNCIL REPORTS 8 Councilmembers Give Impressions of National League of Cities conference 9 They Attended in Boston. December 3-7 10 Councilmember Makowske indicated she perceived this conference had been 11 only 50% as good as the San Antonio League convention because there 12 weren't as many good workshops this time. However, she said she found 13 the workshops on "Volunteerism" and "Beautification" to be excellent. 14 The one on "Beautification" had shown how well beautification works to 15 upgrade communities like Kansas City and Gary, Indiana, the 16 Councilmember She indicated she would be distributing the brochures and 17 literature which illustrated that point. Councilmember Makowske said 18 since she had returned she had been even more aware of the need for 19 improvements in St. Anthony, especially at locations like the one on 20 29th Avenue "with all the junk and cars in front yard. " Mr. Childs • 21 said he understood the owner of that residence would be cited by the 22 police that week. 23 Councilmember Makowske said she had found the ways other cities use 24 volunteers to do work the cities have to pay to get done to be most 25 interesting, although that seminary had emphasized the importance of 26 having a staff person assigned to directly oversee any such program. 27 The Councilmember perceived a potential for using senior citizens who 28 have expertise in many fields and want to continue to be active 29 recognizing at the same time that it would be hard to prepare a budget 30 based on such potentialities. 31 The Councilmember reported she and Councilmember Ranallo had both served 32 on the Human Development Committee with the former being a member of the 33 Steering Committee while she had only been a committee person. She 34 reported that in spite of objections from FAIR, one of the resolutions 35 that committee had passed had supported legislative efforts requiring 36 -benefit packages to include six months parental leave which included 37 cities as well as businesses. 38 Councilmember Makowske indicated her concern that the City might have 39 to deal with the issue someday where it would be very hard economically 40 for the City to hold jobs open for an employee for six months or more 41 during parental leave. • 12 1 When she commented that both she and Councilmember Ranallo had concluded 41 from this convention that the League was rapidly becoming an organization primarily was concerned with big city issues with only a 4 few seminars offered which addressed small city concerns, Mayor Sundland 5 said it was because he also perceived that happening that he feels it 6 is so important for smaller community officials to keep involved and not 7 just pay their dues. In contrast to the rest of the convention, 8 Councilmember Makowske reported the Minnesota League had arranged a very 9 interesting tour of the JFK Library for the Minnesota conventioners as 10 well as what she perceived to be a very good learning experience, the 11 presentation of a case study by a Harvard professor for which each 12 attendee had to do a lot of background study in advance of his presen- 13 tation. 14 Councilmember Ranallo agreed that many of the resolutions passed to 15 effect national issues could also have local ramifications. One such 16 resolution, passed by the Human Development Committee, called for 17 mandatory health benefits for all employees without specifying how they 18 would be paid for. He said he perceived those who supported that 19 resolution had failed to realize that the biggest employers would no 20 doubt be governmental entities, including the cities. He also reported 21 going to a workshop on "Child Care" where the responsibility for 22 providing those services seemed to be pushed on the states, counties, 23 and cities. 24 The Councilmember indicated he had noticed that among the items 25 demonstrated at the "Waste Management" workshop had been small 30-35 gallon containers on wheels which he contrasted to the 90 gallon containers Waste Management was proposing for St. Anthony. Councilmem- 28 ber Ranallo reported he had learned that almost all cities are confront- 29 ing or are going to confront the problem of recycling with a lot of them 30 just passing ordinances which support recycling. Others are getting 31 into the recycling business themselves, he said, but in contract, 32 Minneapolis gave a workshop in which they reported they were getting 33 ' out of the rubbish hauling business. 34 Councilmember Ranallo reported he had ordered a copy of the tape in 35 which one of the McNeil Lerner Report reporters had given commentary on 36 the last eight presidential years and what he perceived might be 37 happening in the next four. He also reported every Minnesota delegate 38 who had attended the same Human Development workshop he and 39 Councilmember had, from Carol Johnson, Minneapolis Alderwoman, Jim 40 Scheibel of St. Paul, Stan Quam of Richfield, and Councilmember 41 Makowske had all gotten up to speak on the issues. He agreed with Mayor 42 Sundland that if the smaller cities didn't continue to participate in 43 these conventions where would be no one to speak up for their rights at 44 all. Councilmember Marks commented that he perceived the smaller cities 45 had no protection from being affected by what he bigger cities do and 46 he perceived their issues to a very substantial degree become the 47 smaller cities issues as well. He pointed to the golf course assessment 48 as an example where forcing the Park Board to pay assessments to St. 49 Anthony may open the door to "their having to pay their own way for the • 13 1 first time as well as having to cooperate with a city which is much 2 smaller. " The Councilmember said he also perceived that by knowing what • 3 the larger cities' issues are, St. Anthony might get a better insight 4 into how to deal with those issues. 5 Councilmember Ranallo said of course, because he serves on the League 6 of Minnesota Cities Board, he perceives those issues are handled better 7 by the state organization. He therefore urged all the Councilmembers 8 to make plans now to attend the convention the LMC would be sponsoring 9 in Minneapolis, June 6, 7, and 8, 1989. 10 DEPARTMENTS AND COMMITTEES REPORTS 11 The Hance & LeVahn report of cases the law firm had prosecuted for the 12 City in Hennepin County District Court up to November 16, 1988 was 13 ordered as filed as were the October Financial and November Fire 14 Department reports in the agenda packet. 15 During the consideration of the November Liquor Operation Sales Summary, 16 the City Manager indicated he would be requesting a meeting with the 17 Liquor Manager as one of this own reports. 18 Manager Reports Liquor Operation Had Gotten Back 52,600 of the Checks 19 Written on the Bankrupted Advance United Account 20 Mr. Childs reported many of the above had been bought back by the check 21 writers who had then been able to get a settlement from the firm. He 22 reiterated that just because the Liquor Operation lists the check as • 23 uncollectible, that doesn't mean collection efforts are stopped, but 24 rather that the City needs to write off the 1987 uncollectible checks 25 for accounting reasons. 26 It was agreed that the "bottom line" when it came to check cashing was 27 that it made a profit of $20,261.12 in 1987 for the City and drew a lot 28 of customers into the City's establishments. 29 Council Action 30 Motion by Enrooth, seconded by Ranallo to authorize the write-off of 31 $9,868.03 in uncollectible checks for 1987 as recommended by the City 32 Manager. 33 Motion carried unanimously. 34 CITY MANAGER REPORTS 35 December 7, 1988 Staff Meeting Notes 36 Mr. Childs drew the Council's attention to the list of accomplishments 37 the City had made in 1988 which he sought from staff members present at 38 the meeting. As noted in the report, the City Manager indicated the 39 perception was that most of the goals set in the January goal setting 14 1 retreat had been achievable chunks of work which allow for a feeling of 0 accomplishment at various mileposts. 3 Executive Session on Negotiations with Army Scheduled After H.R.A. 4 Meeting 5 The City Manager indicated the water contamination lawsuit negotiations 6 had gotten to a final sticking point where he needed further direction 7 from the Council. 8 Council's December 27th Meeting Scheduled for December 21st Instead 9 The main purpose of this meeting would be to act on recommendations from 10 the Planning Commission, December 20th, the Manager said, because there 11 were several applications which had to be handled before the end of the 12 year. 13 Council Action 14 Motion by Makowske, seconded by Marks to reschedule the Council's 15 December 27th meeting to 7: 30 P.M. , December 21st. 16 Motion carried unanimously. 17 1988 Employment Agreement With the City Police Department Approved 8 Motion by Marks, seconded by Makowske to adopt the resolution which approves a one year employment contract with AFSCME Local 57. 20 RESOLUTION 88-051 21 A RESOLUTION RATIFYING THE 1988 AGREEMENT 22 BETWEEN THE CITY OF ST. ANTHONY AND AMERICAN 23 FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES 24 (AFSCME) COUNCIL 14 , LOCAL 57, REPRESENTING THE 25 ST. ANTHONY POLICE DEPARTMENT EMPLOYEES 26 Motion carried unanimously. 27 1989 Goal Setting Retreat Scheduled to be Held January 20-21 28 Because she had been so well received the previous year, Mr. Childs 29 indicated he was recommending Barb Arney again serve as the facilitator 30 for these sessions. Councilmember Enrooth indicated he concurred with 31 that choice for this year, but perceived a different facilitator with 32 new techniques and direction might be advisable for 1990. The Manager 33 was directed to retain Ms. Arne at her quoted price of $1,980.00. 34 Work Session with Liquor Manager and Planning Commission Interviews 35 Scheduled for January 11th 15 1 Mr. Childs reported receiving several applications in addition to those 2 from the three incumbent Commissioners to serve on that board in 1989. • 3 The decision was made to combine those interviews with the work session 4 with Ray Nelson related to the apache Wells and the discussion of off- 5 sale activity the Council had requested. The date of January 11th was 6 agreed upon with the interviews to be held first at 7:00 P.M. , followed 7 by the discussions with the Liquor Manager. 8 NEW BUSINESS 9 $3,450 Delson Plumbing Bid Accepted for Fire Station Renovation 10 Motion by Ranallo, seconded by Enrooth to accept the lowest of the two it quotes form Delson Plumbing and Jack's Plumbing received on the above 12 project and to award the contract for the plumbing to Delson Plumbing 13 for $3 ,450. 14 Motion carried unanimously. 15 ADJOURNMENT 16 Motion by Marks, seconded by Ranallo to adjourn the meeting at 9: 30, P.M. 17 for the St. Anthony Housing and Redevelopment Authority meeting which 18 followed immediately. 19 Motion carried unanimously. 20 Respectfully submitted, • 21 Helen Crowe, Secretary 22 23 Mayor 24 ATTEST: 25 •City Clerk 16 . ain t I n ills e DATE : December 16 , 1988 APPRO TO : Mayor *and Council-members !� FROM : Judy Monson, Receptionist/License Clerk ITEM : LICENSE/PERMITS FOR COUNCIL APPROVAL Heating: Hoffman Corner Oil, White Bear Lake, MN. Rubbish Removal: Saba' s, Ramsey, MN. C I T Y O F S T A N T H 0 N Y L I 0 U 0 R P/E 11/30/88 A C C O U N T S P A Y A B L E PAGE 1 VENDOR NAME CHECK CHECK CHECK N0. TYPE DATE N0. AMOUNT • 04035 BELLBOY CORP M 11 /03/88 13543 382.50 04060 CINDY CARPENTER M 11/03/88 13544 240.00 04098 CCMMERCIAL LIFE INS CO M 11/03/88 13545 21.60 04106 D & D TRUCKING M 11/03/88 13546 19077.00 04120 EAGLE WINE CO M 11/C3/88 13547 1 ,007.52 04175 GRIGGS COOPER E CO INC M 11/03/88 13548 129106.97 04185 GROUP HEALTH PLAN INC M 11/03/88 13.549 75.95 06592 INDEPENDENT SCHOOL DIST M 11/03/88 13550 39107.95 04220 JOHNSON WINE CO M 11/03/88 13551 19368. 84 04236 LEHIGH MUN E COMM LEASE F M 11/03/88 13552 92.94 04261 MANNINGS III M 11/03/P8 13553 838.62 06593 MARKET. WEST ADVERTISING M 11/03/88 13554 249.00 04269 MED CENTER M 11/03/88 13555 233.55 04311 MINTER-WEISMAN M 11/03/88 13556 29701.86 04360 EPSCO M 11/03/88 13557 41960.59 04365 PHYSICIANS HEALTH PLAN M 11/03/88 13558 1,292.16 04376 PRIOR WINE CO M 11/03/88 13559 19287.36 04385 QUALITY WINE CO M 11/03/88 13560 780.87 04404 S/A LIQUOR #2-PETTY CASH M 11/03/88 13561 84.65 04410 ST ANTHONY NATL BANK M 11 /03188 13562 159000.00 04410 ST ANTHONY NATL BANK M it/C3/88 13563 5,000.00 06583 CRAIG WALTERS M 11/03/88 13564 40.00 04410 ST ANTHONY NATL BANK M 11/10/88 13565 309000.00 004410 ST ANTHONY NATL BANK M 11/10/88 13566 5,000.00 04060 CINDY CARPENTER M. 11/10/88 13567 180.00 06583 CRAIG WALTERS M 11/10/88 13568 80.00 04261 MANNINGS III M 11/10/88 13569 116.02 04401 ST ANTHONY LIQ #1 M 11/10/88 13570 252. 08 04009 AETNA LIFE 6 CASUALTY M 11/10/88 13571 468. 14 04016 AMERICAN RISK SERVICES M 11/10/88 13572 273.00 04025 APACHE PLAZA M 11/ 10/88 13573 7,938.69 04035 BELLBOY CORP M 11 /10/88 13574 382.50 04080 CITY COUNTY CREDIT UNION M 11/ 10/88 13575 110.00 04100 COMMISSIONER OF REVENUE M 11/10/88 13576 683. 77 04109 DENTICARE M 11/10/88 13577 12.00 : 04120 EAGLE WINE CO M 11/10/88 13578 275.39 04175 GRIGGS CCOPER 6 CO INC M 11/10/88 13579 159522. 14 04202 HENN CTY SUPPORT 6 CCLL S M 11/10/88 13580 70.00 04208 ICMA M 11/10/88 13581 20.00 04220 JOHNSON WINE CO M 11/10/88 13582 2,231.00 04234 LMCIT - EBP INC M 11/10/88 13583 79.34 04295 MINN BENEFIT ASSN M 11/10/88 13584 5.00 ` 04311 MINTER-WEISMAN M 11/10/88 13585 29795.96 04318 NAT FINANCIAL INS CO M 11/ 10/86 13586 14.40 04360 EPSCO M 11 /10/88 13587 5,792.28 04376 PRIOR WINE CO M 11/10/88 13588 60.94 04380 PUBLIC EMPLOYEE RETIREMNT M 11/10/88 13589 1 , 510.88 04385 QUALITY WINE CO M 11/10/88 : 13590 19981.64 04410 ST ANTHONY NATL BANK M 11/10/A8 13591 1,600.26 04410 ST ANTHONY NATL BANK M 11/10/88 13592 19743.32 `, . C I T Y O F S T A N T H 0 N Y L 1 0 0 0 R `P/E. 11/30/88 A C C O U N T S P A Y A B L E PAGE 2 VENDOR NAME CHECK CHECK CHECK NC. TYPE DATE NO. AMOUNT 04410 ST ANTHONY NATL BANK M , 11/10/88 13593 64.02 04491 UNITED WAY M 11/10/88 13594 36.00 04410 ST ANTHONY NATL BANK M 11117/88 13595 15,000.00 04410 ST ANTHONY NATL BANK M 11/17/88 .13596 5,000.00 04060 CINDY CARPENTER M 11/17/88 13597 240.00 06583 CRAIG WALTERS M 11/17/88 13598 . 40.00 04261 MA NNI NGS I I I M 11/17/88 13599 751.07 06358 ALEXIS BAILEY VINEYARD M 11/17/88 13600 144.00 04100 COMMISSIONER CF REVENUE M 11/17/88 13601 259620.60 04120 EAGLE WINE CO M 11/17/88 13.602 907.06 06596 GRANROTH DIST M 11/17/86 13603 103.95 04175 GRIGGS COOPER E CO INC M 11/17/88 13604 199940.29 04203 BURDETTE HETZER M 11/17/88 13605 19895.52 04220 JOHNSON WINE CO M 11/17/88 13606 49692.76 04290 MINNEGASO M 11/17/88 13607 497. 76 04360 EPSCO M 11/17/88 13608 59203.18 04376 PRIOR WINE CO M 11/17/88 13609' 845.72 04385 QUALITY WINE CO M 11/17/86 13610 3. 153.96 06583 CRAIG WALTERS M 11/23/88 1.3611 81.10 04120 EAGLE WINE CO M 11/23/88 13612 520.05 06599 FREEZER SALES HEUBLEIN IN M 11/23/88 13613 130.00 04175 GRIGGS COOPER E CO INC M 11/23/88 1.3614 299314. 19 06598 REINE KASSULKER M 11/23/88 13615 .00 06597 ANTHONY KROSSCHELL M 11/23/88 . 13616 40.00 06600 SUE MALENICK M 11/23/88 13617 150.00 04261 MANNINGS III M 11/23/88 13618 110.10 04311 MINTER-WEISMAN M 11/23/88 13619 2 ,784.47 04360 EPSCO M 11/23/88 13620 39725. 20 04376 PRIOR WINE CO M 11/23/88 13621 19120.86 04404 S/A LIQUOR 92-PETTY CASH M 11/23/88 13622 105.62 04410 ST ANTHONY NATL BANK M 11/23/88 13623 309000.00 04410 ST ANTHONY NATL BANK M 11/23/88 13624 5,000.00 04460 SUNDERLAND INC M 11/23/88 13625 29475.00 04492 US WEST COMMUNICATIONS M 11/23/88 13626 363.38 06583 CRAIG WALTERS M 11/23/88 13627 80.00 04009 AETNA LIFE 6 CASUALTY M 11/23/88 13628 62.63 04100 COMMISSIONER OF REVENUE M 11/23/88 13629 681. 53 04380 PUBLIC EMPLOYEE RETIREMNT M 11/23/88 13630 9.00 04410 ST ANTHONY NATL BANK M 11/23/88 13631 1,596.51 04410 ST ANTHONY NATL BANK M 11/23/86 13632. 19763.80 04410 ST ANTHONY NATL BANK M 11/23/88 13633 60.98 04380 PUBLIC EMPLOYEE RETIREMNT M 11/23/88 13634 1953-8.21 TYPE TOTAL 2969997.20 TOTAL 296,997.20 • C I T Y O F S T A N T H 0 N Y L I C U 0 R P/E 12/13/88 A C C 0 U N T S P A Y A B L E PAGE 1 • VENDOR NAME CHECK CHECK CHECK NO. TYPE DATE NC. AMOUNT 04004 AT G T R 12/13/88 11364 5.42 04015 AMERICAN LINEN SUPPLY CG R 12/13/88 11365 522.90 04065 CENTRAL LOCK S SAFE CO R 12/13/88 11366 45. 16 04085 CITY OF ST ANTHONY R 121131ES 11367 379500.00 04G95 COCA COLA BOTTLING R 12/13/88 11368 2,635.50 04138 DANS REGISTER SERVICE R 12/13/88 11369 44.00 04:110 DICKSON ELECTRIC R 12/13/88 11370 171.22 04125 EAST SIDE BEVERAGE CC R 12/13/88 11371 209758.90 04129 ECOLAB R 12/13/88 11372 142.00 04135 ELECTRO WATCHMAN INC R 12/13/P8 11373 135.00 04145 GANZER DISTRIBUTORS INC R 12/13/88 11374 109083. 10 04205 HOME JUICE CO R 12/13/88 11375 84.54 04218 JOHNSON PAPER E SUPPLY CO R 12113188 11376 988.62 04220 JOHNSON DINE CO R 12/13/88 11377 89189.08 04230 KUETHER DISTRIBUTING CO R 12/13/P8 11378 359145.08 04265 MARK VIT SALES INC R 12/13/88 11379 109485.13 04266 MARKET MECHANICAL R 12/13/88 11380 444. 95 04270 VAN-O-LITE R 12/13/88 11381 467.14 04290 MINNEGASO R 12/13/88 11382 637.03 04293 MINN BAR- SUPPLY R 12/ 13/88 11383 19087.59 04311 MINTER-6EISMAN R 12/13/88 11384 1 ,001.69 t04338 NORTH STAR ICE R 12/13/88 11385 615.46 04345 OLD CUTCH FOODS INC R 12/13/88 11386 34.25 04355 PEPSI COLA/7 UP BOTTLING R 12/13/88 11387 843.70 04360 EPSCO R 12/13/88 11388 4,178.12 04378 PROFESSIONAL PROCESSING R 12/13/ E8 11389 336.21 04385 QUALITY kINE CO R 12/13/88 11390 39427.03 04390 REX DISTRIBUTING CO R 12/13/88 11391 159330.74 04396 ROYAL CROWN BEV R 12/13/88 11392 162.35 04450 STUART DISTRIBUTING CC R 12/13/88 11393 260.70 04465 SURGE WATER CONDITIONING R 12/13/88 11394 55.80. 04470 TOMBSTONE PIZZA R 12/13/88 11395 114.45 04480 TWIN CITY FILTER SERVICE R 12/13/88 11396 74.80 04.481 TWIN CITY JANITOR SUPPLY R 12/13/88 11397 304.65 06358 ALEXIS BAILEY VINEYARD R 12/13/88 11398 61.CO 06559 MMIN RADIO R 12/ 13/68 11399 400.00 06602 HENNEPIN CTY TREASURER R 12/13/F8 11400 330.00 06633 MINNESOTA DAILY R 12/13/88 11401 59.52 06604 - MN DEPT CF PUBLIC SAFETY R 12/ 13/88 11402 12.00 06605 SPORTS INFO INC R 12/13/88 11403 295.00 TYPE TOTAL 1579469.83 TOTAL 1579469.83 341760 DORSEY & WHITNEY A P.orw.—IP Iwow ou.0 P-1.......L CO--- 2200 FIRST BANK PLACE EAST MINNEAPOLIS, MINNESOTA 83402 • (O 12) 340-2600 (Internal Revenue Account No.41-0223337) STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES November 30, 1988 Mr. David Childs City Manager City of St. Anthony 3301 Silver Lake Road St. Anthony, Minnesota 55418 Re: City of St. Anthony For legal services rendered through October- 31, 1988, including: Attendance at October 25 Council Meeting. $ 159 .00 • Parkview School Property: Review School District documents and documents re School District's proper name; prepare letter to Dr. Meriwether re documents needed for closing; correspondence re closing matters; telephone conference with D. Childs re School Board resolution and exhibit re parking. $ 240.00 Charitable Gambling: Review charitable gambling laws; draft Amendment of Ordinance re charitable gambling; draft Amendment of charitable gambling ordinance; send letter to D. Childs re Charitable Gambling Ordinance and Amendment. $ 318. 00 St. Anthony Boulevard Street Improvements : Check state law re special assessment hearing notice; review and revise notice. $ 159. 00 • Disbursements made for your account, for which bills have not yet been received,will appear on a later statement. 341761 DORSEY BC WHITNEY A P..,..—..P Lewan.0 PMP.......L C.&--.. 2200 FIRST BANK PLACE EAST MINNEAPOLIS, MINNESOTA 55402 (012)340-2000 • (Internal Revenue Account No.41-0223337) STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES Review agenda materials and minutes; discussions with City Manager. $ 371. 00 Total Fees $1, 247 . 00 Plus Disbursements as per attached sheet $ - 11.38 Total Fees and Disbursements $1,258.38 WRS/g 1 e 615 178820 :47, 59, 84, 85 • Disbursements made for your account,for which bills have not yet been received,will appear on a later statement. C. E. LASALLE & ASSOCIATES REAL ESTATE APPRAISERS&CONSULTANTS • SUITE 140 7400 METRO BOULEVARD EDINA,MINNESOTA 55435 C.E.LASALLE TELEPHONE SRPA.ASA.SR/WA 612-835-1001 December 13, 1988 Invoice No. 6569 Mr. David M. Childs St. Anthony Village 3301 Silver Lake Road St. Anthony, Minnesota 55418 Re: Appraisal Services Preliminary Analysis St. Anthony Boulevard Reconstruction • Appraisal Services: 3.75 hours @ $125.00 = $468.75 C. E. LaSALLE & ASSOCIATES • ai®RE th07 a s DATE : APPR OVA ti/U December 14 1988 TO : planning Commission Members ]FROM : �J David M. Childs, City Manager Z TEM : R. L. JOHNSON (OLD MEDTRONIC BUILDING) SIGN VARIANCE REQUEST This item was tabled at the last meeting to allow the applicants to submit more information about the exact location of their proposed freestanding sign and to evaluate the size of the proposed sign to see if a smaller sign would be effective. The attached map gives distance of the proposed sign from the building, roadway on Highway 88 and to Old Highway 8 on the south. It also shows the relative location of the sign with respect to the two illegal plywood signs presently at that location. The size of the proposed new sign is 9'0" X 5'411 . (This is 48 square feet per side or a total of 96 square feet. ) The previously proposed sign was 10' X 5'110-3/4" or a total of 118 square feet. This represents an approximately 20% reduction in proposed sign surface area. The new sign base is 3 feet tall for a total height of 816" whereas the previous plan was for a 6 foot base and an overall height of 11'10-3/4" . The trade off of this sign for the building signs is a good one, but I feel that it is very important that the fact that it is a trade off be in the motion to avoid any confusion in the future. :cjkl2. 20.88 I i NOR1111111N 1 `II.N IAMU A\1, 1N1.. December 1, 1988 Mr. David Childs City Manager THE CITY OF Sr. ANTHONY 3301 Silver Lake Road St. Anthony, MN 55418 Dear Mr. Childs We would like to submit our revised proposal to furnish and install an identification sign for the R.L. Johnson Property located at 3055 Old Highway 8. The revised pro- posal includes a reduction in the sign size as well as the base size. A site plan which includes distances to the roads is also included for your review. If you have any questions regarding our submission, please do not hesitate to call. Thank you. Sincerely, • NDMWISr SIGN CCNVANY, INC. Barbara Pitcher BP/ch Enclosure cc: Mr. Chuck Youngquist • 312 WEST LAKE STREET MINNEAPOLIS, MINNESOTA 55408 (612) 823-7291 ESTABLISHED 1904 • c/dr '• y` I `\` `�\ �� Jam- ` •�\� �4 .�•I • ��� tic �\ \� `� .—�-1 AP?FOX 96' rF:."[..-. Y.�- •,`. ,; q—i rV C.02,6 P�rur�ops�re♦15 \s' � x137 1NG su4i..it4G -PPer level t1. VS3 0' - •ter+j - 1 � - r `�♦• \\ \�.JCiIV' \♦� 1 11 ; s �-C �-- •pis. � .. —_� ?, -,. .�—_ _. __ — - - ♦r \t �\ 1♦� � - -Z- �' --��— ` 27 'i H.O. FLLJO�ESC-EHT LAMPS . . I � I WHITE 7-,Zt II' ui AGE-YLIG V ALUh-J. CAZII-1ET, PI:. EFoMZE . 77 I W ELD TO PI PE. 'FAST E ly 5T E 1✓L L -p-o � AI_.UM. EXT... F�ANiE STESL P I Pe- I .063" A LUrJI. K EV E^L- ii II j .080"A L UH. POLE coVEr-1 -FAA --IT ' II i nP-0HZE ..:.. -5EG 10H Iioo.Z h.T.5. Customer R.�' o Scale Revisions This drawing is the property of JbH�� H t-;vTEp o-I q-66 Drawn By NORIIIIIIIN"I C� S Address 5055 C=LP HWY. g N,L-. SIGN 1'11 I\4' O Salesperson 312 West Lake Street x city M PL,. Date Customer Approval Date Minneapolis, MN 55408 v` State H H 612.823.7291 i NO Oo . SEP FRO?6gk" V) U" N Z a � / Lo / 3 N I2•� I6 D.2 I z' i St. Anthony Business Center ID Stra N �. e5icare _ �- INC — TyPE I ALUM. EXTF-;,'SIG�-1 c _ GASINeT If A%lHT Dom. 5r-OHZI: _tenant ---- tenant 4 17- tenant_ __� tenant -/Ib Wt1ITI✓ AGr-YLIC- FACES W1 ��Y— - EfzOHZE $K.(aHD. HHIT !! E COPY. �S Managed by R.L. Johnson Co. 541-1910. ALVt .-'-VLEVE4kj- :I M'( DAf C J rOHZf 59JIL"��ZSS" .hlp�LL� STE�L: .PIPE : _- — Z-o VIA. X -CC (,P-ETF, FOOTIHA. ' I E�EvATIC?N l� N _ r • oeme O SWAP % oo �o U .� ,/� a ��� a. V1 � -- - - 4 � V I� Yom+✓ � N ' St. Anthony Business Center Stra e \L-LJH. E XTFUSIDM V1 INC. _ ;., _ - ---- ----_-- -� GAEIhC-T ; f'hIt-iT Dom. tenant tenant a N-�- -- - -- ------. _.. - - --- ----------- ---- J v r -- — - ----- - - — -- -- o E tenant _I1 tenant tj I T F- �-j D r, 17 cr Q so __. . .-. - -- - — ----- - ---- K^H Z E K-UND• �.i N ITc CDY• �; u Managed by R.L. Johnson Co. 541-1970 :o63" ALUM. REVEAL ?A I HT PAKK l>fCHZt pmt, ; 11 `g 5 �li�"� .ZSb" hIALL� S?EEL. P1PE f Z-a,f D I A. X 4' D��� sct�v P 5. I. L' C,F- E FODTIH61. Q v I ELF VA\TI0H, I � 0.. 1 NN. � al I ho ffla e ATE : A P PR OVA 1 November 9 ., 1988 T O : planning Commission Members F ROM r David M. Childs, City Manager I T EM : R. L. JOHNSON INVESTMENT CO. SIGN VARIANCE REQUEST This request from R. L. Johnson Investment Co. is for a ground sign ( 2 sided) of 118 square feet and overall height of 11 . 9 feet. The site is the south side of the old Medtronic building, which is located in a light industrial zone. Section 430 , Subdivision 6 of the City code (page 9 of the Sign code) speaks to this issue: >A two sided sign may be 32 square feet in size ( 16 square feet per side) unless it is less than 5 feet in height. A square footage bonus is allowed if the sign is shorter than 5 feet in height. That is not the case in this request, so no bonus is given. >A sign may be taller than 5 feet (maximum 8 feet) if it is landscaped in accordance with Subd. 6, d. 2 . This does not, however, allow the sign to be larger than 32 square feet. >The proposed ground sign would be in lieu of a wall sign on the building (see sign code, page 11 (C. 2 ) . The applicant requests a sign which is 86 square feet larger and at least 3 .9 feet taller than the ordinance allows (if landscaping were shown on the plans) . Since no landscaping is shown, it is really 6. 9 feet too tall. Arguments for a sign larger than 32 square feet: *The building is located on Highway 88 which has traffic speeds higher than most other light industrial sites in the City, so greater visibility is needed. *The building is the largest industrial building in the City ( 100, 000+ square feet, with 68 , 000 square feet leasable) and could potentially have several tenants which need identification. Arguments against such a variance: -2- *Each tenant is allowed one wall sign which can be up to 150 square • feet in size, so no hardship exists. *The height of the building and its configuration would make wall signs very visible. A reason for considering a compromise variance is that granting of some kind of variance would prevent having the owners place several 100 - 150 square feet signs on the building (one for each tenant) since the ground sign would be in lieu of wall signs . Any approval of a variance should probably have it clearly stated that the ground sign is in lieu of all wall signs. • :cjkll . 15 . 88 • � ® i a 7 DATE : A P P ROVA L :r December 14 1988 TO : Planning Commission Members FROM : David M. Childs, City Manager ITEM : REQUEST FROM GRACE COONEY FOR CONDITIONAL USE PERMIT - FOX SCHOOL OF MASSAGE & THERAPEUTIC MASSAGE TREATMENTS, 2504-39TH This is the second request for a conditional use permit for a massage facility in St. Anthony this year (.Rehab Dynamics, March, 1988) . I would not predict, however, that we will see an epidemic of such uses just as we haven't been overrun by body tanning salons , etc. I expect that a growing acceptance of massage as a legitimate business may have increased interest in such businesses at this time. This request differs from the Rehab Dynamics request (minutes attached) in several ways: *Ms. Cooney proposes a school of massage and therapeutic massages , located in a small shopping center; *Rehab Dynamics was specifically a part of a occupational therapy and rehab facility and was a Medicare approved facility in conjunction with the Apache Medical Complex; *hours of operation appear to be somewhat later in the day for Ms. Cooney's proposal; *both follow the code of conduct as provided by the American Massage Therapy Association. Because this is not a Medicare approved facility and seeks to meet different needs than Rehab Dynamics, the conditions proposed may need to be modified somewhat with respect to hours of operation, but the others should remain intact. :cjkl2 . 20 . 88 • CITY OF ST. ANTHONY NOTICE OF HEARING CONDITIONAL USE PERMIT 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, December 20, 1988 at 7: 45 P.M. in the Council Chambers of the City Hall, 3301 Silver Lake Road (enter northeast corner of the building) for the purpose of considering: A request from Grace Cooney for a conditional use permit to allow the operation of a school of massage and therapeutic massage treatments in a Commercial "C" zoning classification. The specific location of the proposed use is 2504 39th Ave. • N.E. ( just west of the Apache Plaza main center) . 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 Publish: St. Anthony Bulletin December 7, 1988 • Date: Novr,mber 28 , 19F8 Fee : $100 . 00 • CITY OF ST. ANTHONY APPLICATION FOR CONDITIONAL USE PERMIT (other than day care center) Applicant: Grace Coonev Phone: h27-h2% , h21 -2915 Address : 12ghO Overlook Goad Dayton , t-n . 55327 Status of applicant (owner, buyer, renter, agent, etc. ) : renter Street address and/or legal description of property in question: Zoning district in which property is located: St. Anthony Conditional use proposed: Touch of Life School of Ijilassare (classes - in therapeutic massage, S,-edish; and therar•eutic massage treatments) Minnesota Statutes and City Ordinances require that. the following conditions be satisfied before a conditional use may be authorized. Please respond to these conditions , using additional sheets, if necessary. 1) The proposed conditional use is one of the conditional uses specifically listed for the zoning district in which it is to be located. see attached sheet 2) The proposed conditional use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or injurious to property values or improvements in the vicinity. 3 ) The proposed conditional use is necessary or desirable at the above location to provide a service or a facility which is in the interest of public convenience and will contribute to the general welfare of the neighborhood or community. Signature of applicant: • j � The prcncsed conditional use is r_ot specifically listed for tnis zoning district but it would fit in very -,:,ell vi t other businesses that are co_nmunity service oriented. (see beio- ) 2)' The icucii of Life $Cr-eOl will not be detri-IMental to the realm, safety, or general wellfare of surrounding residents or a::_-:l but ,;i 11 v;crk _csitively t`---„ards ti ese goals as further ex.janded u on in the next :_nest i On. This use should not b2 iI'_juri Ous to ro-erty values Or im-croVements for it is providi__g a leciti mate thera-:,eutic service t;:hich is al:post a necessity in our day and a e . 3) The proosed site fcr the school is very desirable for the services J-i ng Of fEr ed. Pr 1V tE individuals VldualS .`ay Stlia : as�za=e tec!ini ques vh' c' they Can adi'dnister t0 their fafiilies , friends, Or Clients. • i°aSSa E 1S beCO_Ili ng a necessi ty in our awe Of hi--:-n- stress. The public Cali , L__rou�f! ap:.'ointImentS recei ,%evpri vateVLrera',. SESS10nS. For exanmle , an e<,ployee Of a surrounding business '.ay CO_ e in during Pis vrea_ri Or l'u'nch hoi—r and receive a 15 ]iinute a der body treat::e nt in a chair to reduce stress and pain. This -w-ill greatly enhance his r.roductivity ai-d attitude tc.%ard his job, fa".iily, al:d co :m:uni ty t • OLIc� of-L[ OOL 0P414_,_.QgE 12940 Overlook Road Dayton, Minnesota 55327 • (612) 421-2915 November 29 , 1988 To 11G 1 it ',,,'ay Concern: I would very :Yuen like to -love my school to your city. It is a good location fcr .::e and the rent , ill be what I can afford. fainly, I reed more space tinan my ho r--e can provide ,%here I have tauz!lt I'or tre cast 9 years. :y business and students have il-- creased to the coi nt a:,Iere I reed an office . I am very reS ;ected and i;ell k -own in the therapeutic massage field in 1-iinnesota. I -know I would rcvide a reputable and -ro- fe.5sional service for your corilmunity. Sincerely, Grace Cooley, Director • BASIC MASSAGE ADVANCED MASSAGE Learn therapeutic healing This class is for those who've massage through Swedish had previous training. Learn techniques while touching on C : pu of1'�� advanced Swedish massage tech- acupressure, polarity, and niques plus trigger point 00 O� therapy, sports massage and reflexology to relieve tension and pain. The history deep muscle work. of massage, precautions and Time: Classes start every few benefits of massage, basic a � months at 9-1 p.m. or 6-10 p.m. anatomy and relaxation tech- niques will be explored. 12940 Overlook Road we Mon. ,l s 12 or Wed. for 8 Dayton, Minnesota 55327 weeks plus 12 hrs. practice (n, Minnesota outside the class is required. Grace Cooney, Director Cost: $234 ($78 deposit re- Time: Classes start every 4- quired 1 week in advance, $50 6 weeks at 9-1 p.m. or 6-10 is non-refundable. p.m. on Mon. , Tues. or Wed. for 8 weeks plus 12 hrs. practice outside the- class Grace Cooney, GS, MT CERTIFICATION is required. Grace Cooney has been a prac- Participants will be awarded ticing massage therapist for the certificates upon satisfactory pastl0 years and has taught mas- completion of class. The pro- sage for the past 9 years. She gram has been approved by the Cost: $234 ($78 deposit re- is director of the Touch of Minnesota Nurses Association quired 1 week in advance, $r 0 Life School of Massage in Committee on Continuing Educa- � is non-refundable. Dayton, MN. tion for 44 Contact Hours . Certified in massage and other REGISTRATION natural methods of healing such as reflexology, polarity, Reiki , Name Mari El and with extensive experi- CERTIFICATION ence working with chronic pain Address patients, Grace Cooney brings a Participants will be awarded depth of knowledge and practice City Zip certificates upon satisfactory to her course. She was Vice completion of class . The pro- President of the Minnesota Thera- Class Dep. gram has been approved by the peutic Massage Network in 1984, Minnesota Nurses Association is past president of Spiritual Phone H W Committee on Continuing Educa- Frontiers Fellowship, is a mem- tion for 44 Contact Hours. ber of the American Massage Send deposit to: Touch of Life Therapy Association and the School of Massage • Sports Massage T*ning Institute. Dayton, MN 55327 • C1RCULATORY SYSTEM AMERICAN Massage Increases the MASSAGI; THEIRA PY bfo4s11pply and nutrl- ASSOCIATION tlort to illoscles wilholat Applications addle}!to their land of �1�11e t�I11C 1'leall Massa gC Therapy Ctll)y toxic lactic acid, pro- A dared through volontur Association, etitill)l'►ti11e(1 111 1943, is ;q nuiscle contraction. the largest O1'OletitilUllill iltitiOClilt.lOIl of Massage thus helps to All ( ` overcome harmful repl'CtiCllt.ing Illassagc therapists ill TIC "futigae"prodocis the United states all(1 callatla. The resultlnl fnnn " . I �1M'I'/\ i� late Onay nat.i(mal body cur- r ,I , strrnuuus cxen•Isr or MASSA ill•lory. Massage can reitt.ly testilig tll'id Certifying �pUrtti • compensule, lit least In part, for lack tit'eeer_ Massage Therapists ill (lie Unit.CC1 else and muscular con- States. ?tat.es. trac•tion In persons who i., because of InJury, 111- e ness or age are forced I, to remaln Inactive. In l I these eases, massage helps return venous r' blood trt(he heart and nllalifled !aa cases the strum on M (Ills vital organ. Of I � r Mrnll)cl•s i II Of Ilse AMERICAN MASSAGE THERAPY ASSOCIATION Thcrapcutic' ri \ Display this entldcm. illassage lilts it tr uululllzhig cf- I fret nn file central /�\� ) ., l I l Fellte(1 The effects felt % �, f t� by the tire naturally In- I llcc(l Pp7�.i uu h.v the I� _ body's own paln \M� killers called en- \ �� dorphinti. This Is it direct ltld In FOR 1°I1K'I'HER INFORMATION CONTACT: s denlhig with over- vfresscd Ilfcstvlcs 1 present In our i' I z society. ` d '�L•4S�cF ���A� O . NERVOUS SYSTEM 1986 American Plllss,IgL' ly As:oriation MASSAGE THERAPY . . . MUSCULAR SYSTEM 1. ENHANCES the function of,joints and inuscics- FACE, The average person car- t. IMPROVES circulation rieti 1:trgi:tlnttl c ol. N,;cic !e SHOULDERS ,1)I;Iic tension ill IJa• nutselis of Ililirl(rout ihruuti IighUtess and general body tone. thr line. 'fenynouuuo- in the nick:1111 shoulder aria dihular•loiut Ilvslituilion valued Ity sh-ess, loon. ('ITtI)11 condition itvoly- hntsluri and jolt-relatid I'uni- 3. RELIEVES mental and ing the tutsseter nttselc lions. physical fatiguc. in lilt-jaw.v o Ihrtuglll a he S onr ollJtr iousrs.d' utigotini ltcatlailhes call I \ Iii addritisid veillt ls', tyl uutss:cgi Ihiral')•. I � V MASSAGE TIIERAPY is did, manipulation of soft tissue for tlicrapcutic purposes and may in- � A. elude but is not limited to, cf- u• f )ctrissa fe to mt-ell,ent .compression, vibration, friction, v ABDOMEN I, r r �I LOWER BA Ilcrvc strokcs and other Swcdlsli ��1 I Dlassay;i anti as a I I ' 1 ` �'� w-i„ uuehauiiul rle:ntsrr. I'hrra untie nl:tssu i \t Movcnicnts, either by hall(1 O1' with ' . ntshiu nlon t cv:tstis ulttl +tlgtlied to Ihi Imvcr NIL eI 1 k 111111 spina brings rilirl uicunndatcd toxins and ll I I11CC11aIliCa1 Or C1CCLriCal apparatus �\�4 � I�roul still'. ailtiu�;uutsilis I I ) ' reltl11cing them w•ilh I'reslt utlrihutid In k tour of I ?� ; I• for the purpose of body massage. , '� I blood and ini reused ox)- i F•• the Ilk loll tinal untscles, Tl1iS may include the use of oil, I ''' grnalion.tflhr tiswtrs. /i d nntsrlr swains and tuts- �{ i L• itch:dauics in Ihi ✓:. l •� t''° i salt glows, hot and cold packs uncl n� II�!�t; 1 I ' , Itihii region. other recognized form~ of h I ' ! h 11 MASSAGE THERAPY• MASSAGE THERAPY sliall not in- C1UC1C diagnosis or wily seI ViCC or �� 'fired legs with aluscic procedure for which a liccnsc to twitch's gtden.dvil by ,r �t twitching arc aided by Ihi , I'1s11' , practice illcdicinc, Chiropractic, or A (hie rtlthe most Ile- - iuelrusrd iitrulalion. giretid:urns, the lst Athletes, in training, nht- r ;* Podiatry is required by law, nor i a reshtoml Ill inerettsed tit.- ltreeiate the shot•lened ► , ',� shall it apply to athletic trainers ; t���1, itlalol- Ilow atd Ilcxihili_ ltrrm�,hl about h\ ttt:tsstige t' le it11oicd by Ihi soli- tccllilicians or physical thcra )ists a l.• of' tlurn tc ' P y I � tissue manilttd;ttious 1-• t who act under the prescription or 1 .1 Ihiruhtiutii massage. su )crvision of a person holcliii -in unlimited liccnsc to pract.icc r. mcdicirlc or surgery. Accepted by the AMERICAN MASSAGE THERAPY ASSOCIATION AN'1 IOR VIEW POSTERIOR Vi , Kra.2/rii CITY OF DAYTON, MINNESOTA FILE NO. u N lul T� g" N A L U s"I F""`E Ko' I]T THIS CONDITIONAL USE PERMIT HAS BEEN ISSUED TO IN ACCORDANCE WITH THE CITY ORDINANCES OF THE CITY OF DAYTON, FOR THE FOLLOWING USE: ON THE PROPERTY LOCATED AT: PURSUANT TO ORDINANCE REQUIREMENTS AND PUBLIC HEARING, THE CITY COUNCIL, ON AUTHORIZED ISSUANCE OF T SAID PERMIT, SUBJECT TO THE FOLLOWING CONDITIONS: VIOLATIONS OF SAID CONDITIONS OR LAWS AND ORDINANCES SHALL CONSTITUTE GROUNDS FOR REVOCATION OF THIS PERMIT. DATE OF ISSUE D E OF E PI- EW ISSUED B NAM E A TITLE OF OFFICAL / SIG URE Minnesota Nurses Association 1821 UNIVERSITY AVENUE,SUITE N-377 ST. PAUL, MINNESOTA 55104 • (612) 646-4807 February 11, 1987 Grace Cooney, BS, MT Director Touch of Life School of Massage 12940 Overlook Road Dayton, MN 55327 Dear Ms. Cooney: The Committee on Continuing Education has reviewed and approved the continuing education program entitled " Advanced Massage" for a period of two years from this date to February 10, 1989 following which the program must be resubmitted for review. A total of 44 Contact Hours have been awarded for your program. It is suggested that the following statement be printed on the pro- • gram and verification of attendance form. "This program has been approved by the Minnesota Nurses Association ' s Committee on Continuing Education which is accredited as an approver of Continuing Education in nursing by the North Central Regional Accrediting Com- mittee of the American Nurses Association for Con- tact Hours. It is the responsibility of the participant . to ascertain if this offering meets the Minnesota Board of Nursing rules implementing the mandatory continuing education provisions of the Minnesota Nurse Practice Act. " Sinceergely, 11 ) Lst.. CyX m. Ruth L. Hass, RN, M.N.Admin. Associate Executive Director Administration/Practice/Education RLH:mav 12/12/83 • CONSTITUENT OF THE AMERICAN NURSES'ASSOCIATION Minnesota Nurses Association,1821 UNIVERSITY AVENUE, SUITE N-377 ST. PAUL, MINNESOTA 55104 • (612) 646.4807 February 11 , 1987 Grace Cooney, BS, MT Director Touch of Life School of Massage 12940 Overlook Road Dayton, MN 55327 Dear Ms. Cooney: The Committee on Continuing Education has reviewed and approved the continuing education program entitled " Basic Massage" for a period of two years from this date to February 11 , 1989 following which the program must be resubmitted for review. A total of 44 Contact Hours have been awarded for your program. It is suggested that the following statement be printed on the pro- gram and verification of attendance form. "This program has been approved by the Minnesota Nurses Association' s Committee on Continuing Education which is accredited as an approver of Continuing Education in nursing by the North Central Regional Accrediting Com- mittee of the American Nurses Association for Con- tact Hours. It is the responsibility of the participant to ascertain if this offering meets the Minnesota Board of Nursing rules implementing the mandatory continuing education provisions of the Minnesota Nurse Practice Act. " Sincerely, J Ruth L. Hass, RN, M.N.Admin. Associate Executive Director Administration/Practice/Education RLH:mav 12/12/83 CONSTITUENT OF THE AMERICAN NURSES'ASSOCIATION 0 v ' goucfi o L C oo o D&I CE- LEA dzat Iafc a. couI.�iE cn �nE tLa �ufUc�a 19 u�rt. on �ii.�. dcu of � ' 9 �1 41"'Wn It. '.L2 7'y Z Sc 17;1 Z _T elf TI �f This certifies that .b (Grarr T.E. C�ejcrnr has satisfactorily passed a written and practical exam and/or has graduated from an AMTA curriculum— approved school, and having submitted evidence of qualifications, is hereby granted this certificate as an Active member of the AMERICAN MASSAGE THERAPY ASSOCIATION. In witness whereof, these Officers have affixed their hand and Seal of this Association. V National President 01 N lio &I Secretary/Treasurer A.4 File No. 2961 tr- 15 ti 6irector of Education I Member Since December, 19 Organized 1943—Incorporated In State of Delaware 1960. This certificate "pires February 23 1989. ."Z AMMi. r rn7 =Vy� T:Op VR Z t_kx� A:46 ;��.'S!" AV x., :,A Q i THIS CERTIFICATE IS AWARDED TO: 45. BY T-- American Institute Of TMassage T herapy, Inc. FOR PARTICIPATION IN: AT �( IN$TR(JCTOR AND DATE 120 E 18th Street ® Costa Mesa, California 92627 SPORTS MASSAGE TRAINING INSTITUTE Established 1984 Costa Mesa,California Certificate of Attendance Be it known that Grace Cooney has successfully completed the 50-hour Sports Massage Training Program including Pre-event, Preventive, Restorative, and Post-event massage therapy. The official seal of the Sports Massage Training Institute is hereby affixed in recognition thereof this day of the year of a By: y M. K. Hungcrf of ,Ph • Exccutivc Dircctor r CC � �DDYI� �iI Ll i fiai safl�.faeEo�i�� eom�ifEt� a CoUT:ie, in. %illy.I.Wrt 410 fir tit it ' of--- ` —r9w� �z ouz and �aC t� � d� J H:-c^ay.I'.•tut.; �O,- ;;.,,�c�.ttr' +`nr""rn.+'�,i• ,`, rte ^X;%A�r°•5+' /.:a' .SE�F?!tr"''''• 3w"C'."� �e;.• c.�'C't`'��i� It �•. •Y}5„. .v,F^.-�fi,ti};;w,ff 9 V. ,• �•. ^,t+t4};,h,,. y' •q i'. r5?)1<o!b!'.;Y;?. •.•"o.,. yy.. ..„ .,•'.;,. '•�'.,. 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'i:.i5- A11 ;:_s,., ...}:g .''1 1 7 :..-:-: :5.......11.,.0.;?—i...,l,'i5s'Zt:_•Llra:ims_.LJf_e.z: _1_L:.,r.. 1..r. _.,S..Jfs_Y..L,:..:5.. . . 11 s ..4�_._.�'.1..: .. :.. t V i't V” • 5 5 Rt `Sig is -r" 1E. o wy bias comp Cad t6 TECHNICAL MASTERS course SJUK GYMNASTIKEN PASSIVA ROI ELSER ^`r?' 51.4 „� t.11t o*�i�'!� � 5e `� .I,t t �.F!• (';• tic o bwf SWEDISH A4ASSAGE PER HFNRIKLING M.D. f t SWEDISH ROYAL ACADEMY. THE GIFT OF TOUCH SCHOOL OF SWEDISH MASSAGE �A OF 0L MINNESOTA ` •: ;4 _ Dated: 3 I/ �'�° ; 1776 839 'ARP I!D DEDR CK h ANUM MASTM SWc;DISIi 5:;:�JR '•� y'? ?;u R ADUATE MASTG,7? PAUL E. FIL.,I:OB�. SCIi00L MII{N ._ I Lilo•rali av J. Cardon 18311 s• 6 NLY�-/�-MJ1STEl N,,e >;'. 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Kee h .n .l. ..�, V ..rn.\..,;.•.p;3 . 1:1:%::;•r.::r•::;:;:•�: ,R >r `.•r $ '1•::75!%n,C':�5 C`' 1 l rr! tip•}.• i.... . .,�::, 'ti` :.a `:.Y h..4. 0 ;•.'.L A, ..w, .•..>:j ,A... �'•�” .R5 • .,. .Y .•N•� >ti' �f1}:aL• t �' :,b ,.t5• .:5 •�. iii •::� ,•.. , 4 a "•�. it 1 t f /1• •::v'• :n. :�:.':`ri:{•:is ri[c::.: \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ U TUI-NA CHINESE ACUPRESSURE MASSAGE I CERTIFICATE OF COMPLETION certify This is to \ y that \ GRACE COONEY nk has completed Introductory Courses I-VIII administered by Dr. Denis Chang t , November 22 , 88 ZJ"\ 1 1 • 1 The maker of the motions then commented for the benefit- of the 2 neighbors who were present that he perceived the Commission had been 3 very sympathetic to their concerns which had resulted in TCF' s 4 proposal being tabled for a month so a traffic study could be done to 5 address those issues. He told them the Commission was not 6 disregarding the concerns they raised that evening, but perceived 7 those questions had been satisfactorily answered in the study which he 8 perceived had resulted in a very .good plan. 9 Commission Establishes Massage Therapy Standards with Approval 10 Recommendation for Rehab Dynamics 11 At 8 : 45 P.M. , the Chair Pro Tem opened the public hearing to consider 12 a request from Rehab Dynamics, Inc. in the Apache Medical Center for a 13 conditional use permit to allow office and therapy treatment space, 14 including occupational, physical, and speech therapy, therapeutic 15 massage, etc. in a "C" Commercial zone. He read the notice of the 16 hearing which had been published in the March 2nd Bulletin and sent to 17 all property owners of record within 350 feet of the subject property. 18 No one present reported failure to receive the notice or objected to 19 its content. 20 Mr. Childs had advised -in his March 9th memorandum to the Commission 21 that a conditional use permit would be necessary because the zoning 22 ordinance requires conditional approval for all "physical, culture, or 23 health gyms, spas, or clubs" and massage treatments in the past had • 24 been interpreted to fall within that classification. He had also 25 suggested the Commission recommend conditions which would limit the 26 applicants to exactly what they propose so future applicants for such 27 services would have to overcome a medically related precedent. 28 The Manager said he perceived this to be a straight forward request 29 but in view of past Council concerns about allowing questionable 30 services into the City had consulted the City Attorney. Mr. Soth had 31 suggested that by running the application through the usual 32 conditional use permit process, the City would be able to find out 33 from the applicants just how those treatments would be provided and 34 would then be able to apply relevance in applicable conditions to the 35 approval. 36 Mr. Childs reiterated that staff had received no calls either for or 37 against the proposal since the notice of the hearing had gone out. 38 Beth Kessler and David Nechas , co-owners of Rehab Dynamics, Inc. , were 39 present and Ms. Kessler indicated hers was a Medicare certified agency 40 which had assumed the office space in the Apache Medical Center, which 41 had previously been occupied by another rehab agency who had been 42 bought out by a national firm. 43 The agency owners, one of whom is a registered occupational therapist 44 and the other a registered physical therapist, explained to the • 45 Commissioners that: 10 1 *the massage therapy would be a natural adjunct to the occupational , 0 2 physical, and speech therapy as well as social, psychological and 3 audiology services the rehab agency provides their clients under 4 Medicare monitoring in their Apache outpatient clinic as well as in 5 the satellite clinics attached to the 16 long care facilities Rehab 6 Dynamics contracts with throughout the state; 7 *although the massage industry itself is not regulated at all, treat- 8 ments in these clinics would be incorporated within a strictly regu- 9 lated "medical modeled" rehabilitation agency where the same .documen- 10 tation would be required for massage patients as are required by 11 prescription from a doctor for the other services provided; 12 *because the major source of their reimbursements come from either 13 state or federal funding, the Rehab Dynamics owners perceived a need 14 to diversify with preventive and wellness programs to include a "med- 15 ically modeled" therapeutic massage for stress management to be paid 16 for by the clients themselves unless ordered by a physician and the 17 costs covered by an insurance company; 18 *any acute type of problem would have to be evaluated and referred to 19 the agency by a physician but in most cases their clients would be 20 people who seek their services for stress management or because they 21 have had muscular problems which they perceive need rehab interven- 22 tion; 23 *any massage client would be handled in the same way as any other • 24 medical patient with a file set up and the same safety, infection, 25 etc . standards applied to the treatment; 26 *because the massage giver would be working out of a medical model and 27 - out of a medical building, there should be little connection with the 28 undesirable connotation attached to some types of massage. 29 Ms. Fessler discussed the procedure for getting a massage in her 30 clinic with Commissioner Werenicz , telling him that since a therapist 31 would only be present to take care of appointments, he would have to 32 make an appointment before he could get a massage in her clinic. She 33 said many of the therapists who had responded to their ad in the paper 34 had told them they preferred working in a Medicare certified clinic to 35 providing the same service in their own homes where they never knew . 36 who might be coming into their home for those services. The rehab 37 owner said they had a medical director and their services were 38 overseen by a group of professionals with degrees on a quarterly 39 basis. Ms. Fessler indicated the American Massage Therapy 40 Association did have a code of ethics and had established a definition 41 of massage therapy which might be helpful in setting standards for 42 future massage permits. 43 Mr. Childs assured her that he didn't for a minute want to leave the 44 impression that he thought this request was anything less than -45 legitimate. However, he perceived that to not address the penalties 11 1 which would be attached to the approval if the operation did not 2 conform to all applicable City and State regulations and codes related • 3 to sexual conduct might leave the City open to having to consider 4 requests for operations which might not be as clearly therapeutic as 5 this in the future. The Manager said the City Attorney had not 6 recommended specific language for conditions to be attached to the 7" approval, but was concerned that the City establish standards with 8 this approval which could be consistently applied to any other massage 9 operation which came up later. He also said he saw no problems for 10 Rehab Dynamics complying with these conditions. 11 Mr. Nechas said he certainly understood the City Manager' s concerns 12 and suggested the approval be conditioned upon an operation being a 13 rehabilitative agency regulated by both state and federal standards. 14 Commissioner Brownell commented that he perceived the City' s intent 15 would be protected in this case as long as the rehab center remained 16 Medicare certified. 17 Commissioner Hansen indicated he thought the Commission should try to 18 put the City' s intent into language which, although it might not be 19 as polished as it could be, could be straightened out by the Council. 20 and City Attorney when the Council makes its decision on the proposal. 21 22 Commission Recommendation 23 Motion by Brownell, seconded by Werenicz to recommend the Counci 24 grant Rehab Dynamics, Inc. a conditional use permit for its facilitie 25 located -in Suite 220 of the Apache Medical Center, 4001 Stinson 26 Boulevard N.E. , for the purposes of providing a therapeutic massage 27 service as part of its rehabilitative occupational/physical therapy 28 program. The Commission further recommends the following conditions 29 be attached to approval of Rehab Dynamic' s permit: 30 1. The massage therapy should be restricted to Medical approved 31 hours of operation. 32 2. The permit would be automatically revoked if there is any viola- 33 tion of applicable City or state statutes related to criminal 34 sexual conduct by any person associated with the operation. 35 3 . The massage therapy offered in this rehab center must comply with 36 the code of ethics and definition of massage therapy established } 37 by the American Massage Therapy Association which had been pro- -`.38 vided by the applicant. 39 Motion carried unanimously. 40 Cahill Garage Request Tabled so Neighbors Can Try to work out Their 41 Differences • 12 f LAW OFFICES HAN C E E5 LE VAH N , LTD. SAINT ANTHONY NATIONAL BANK BUILDING, SUITE 200 0 2401 LOWRY AVENUE NORTHEAST MINNEAPOLIS, MINNESOTA SS418 EDWARD J. HANCE JOEL T. LEVAHN ALLEN R. DESMOND TELEPHONE (612) 781-4858 ASSISTANTS TERESA H. CRAVEN KATHRYN A. DAILEY December 9 , 1988 Mr. David Childs City Manager City of St. Anthony 3301 Silver Lake Road St. Anthony, Minnesota 55418 Captain Richard Engstrom St. Anthony -Police Department 3301 Silver Lake Road St. Anthony, Minnesota 55418 Chief Donald Hickerson St. Anthony Police Department 3301 Silver Lake Road St. Anthony, Minnesota 55418 Gentlemen: Enclosed herewith please find a copy of a report indicating various matters conducted at the Hennepin County District Court up to and including December 7 , 1988. Should you ha any questions or comments, please contact me. Yours ve uly, ED D HA CE nclosur EJH/kd i • • ST. ANTHONY -PROSECUTION ACTIVITY December 7, 1988 HANCE & LEVAHN, LTD. Edward J. Hance Prosecuting Attorney Submitted By: Allen R. Desmond Assistant -Prosecuting Attorney 2401 Lowry Avenue N.E. , Suite 200 Minneapolis, Minnesota 55418 Telephone: (612) 781-4858 A R R A I G N M E N T S - The Honorable Donald S. Burris DEFENDANT -PLEA SENTENCE Anderson, James Michael Charged with DAR and no Jail - 90 days, 70 days stayed one 113 insurance; .Pled guilty to year; On condition of no driver ' s DAR charge; Other charge license violations for one year. dismissed. Babbitt, Curt Merwin Charged with no insurance Fine - $40 .00; No insurance charge 116 and speeding; -Pled - guilty to continued six months for dismissal speeding charge; Judge continued on condition of no same or similar no insurance charge for offenses for one year. dismissal without City Prosecutor ' s approval. Banks, Albert Henry Charged with owner allowing Charge continued for dismissal until 114 uninsured motor vehicle to be December 21 , 1988 , on condition of operated; Judge continued payment of $50.00 in court costs. charge for dismissal without City -Prosecutor ' s approval. Berg, Christopher Lee Charged with no insurance and 113 DAR; Arraignment continued until January 4 , 1989. • Bernier , Glenn Alexander Charged with no insurance No insurance charge continued one 108 and defective exhaust; City year for dismissal on conditions of Prosecutor agreed to continue payment of $100 .00 in court costs no insurance charge for dismissal and no same or similar offenses for as Defendant ' s mother testified one year. that she was supposed to purchase insurance but failed to do so, and Defendant was unaware that the insurance coverage on his vehicle had lapsed; Judge dismissed other charge without City -Prosecutor ' s approval. Boyle, Jr. , Larry Richard Charged with giving false Jail - 10 days, 10 days stayed one 108 information to police year; On conditions of payment of officer; -Pled guilty. $50. 00 in court costs and no. same or similar offenses for one year. Dubois, David John Charged with no insurance and Fine - $75.00. 108 failure to display current license plates; -Pled guilty to no insurance charge; Other charge dismissed. Ellis, Candace Maxine Charged with owner allowing 115 revoked driver to operate motor vehicle and owner allowing uninsured motor vehicle to be operated; No appearance at December 7, 1988 , arraignment; Bench warrant issued. Ellis, David Lawrence Charged with DAR, no insurance, 108 , 117 and expired license plates; Arraignment continued to January 4 , 1989. • i • Frisco, Anthony Gene Charged with providing false 117 information to police officer , littering, and possession of alcohol by someone under the age of 21 years; No appearance at December 7 , 1988 , arraignment; Bench warrant issued. Gallaher , Eric William Charged with owner allowing Fine - $100.00. 115 uninsured motor vehicle to be operated and failure to provide proof of insurance coverage within seven days; .Pled guilty to owner allowing uninsured motor vehicle to be operated; Other charge dismissed. Gaustad, Dale Thomas Charged with DAR and expired Thoemke, 116 license plates on April 11 , 1988; Charged with DAS and driving at night without headlights illuminated on June 27 , 1988; No appearance 'at December 7 , 1988 , arraignment; Bench warrant issued. Gonnella, Elizabeth Marie Charged with no insurance; Charge continued one year for 108 Judge continued charge for dismissal on conditions of no same or dismissal without City similar offenses for one year and Prosecutor ' s approval. payment of $75.00 in court costs. Goodland, James David Charged with no insurance and Fine - $50.00 or 4 days. 108 expired registration; .Pled guilty to no insurance charge; Other charge dismissed. Hiel, Alix Martin Charged with DAS , revoked 116 license plates, illegal use of another vehicle' s license tabs, no insurance, and speeding; Pre-Trial set for January 18 , 1989. Hudoba, Scott Alexander Charged with no insurance, 108 expired driver ' s license, and defective exhaust; No appearance at December 7 , 1988 , arraignment; Bench warrant issued. Kihlstaoivs, Larry Leroy Charged with shoplifting; Charge continued one year for 104 Judge continued charge for dismissal on conditions of no same or dismissal without City similar offenses for one year and Prosecutor ' s approval. payment of $50.00 in court costs. Koster , Jack Richard Charged with DWI and alcohol Fine - $700 .00 or 10 days; 114 concentration of . 10 or more $500.00 stayed one year; Jail - within two hours ( .12) ; DWI 2 days, 2 days stayed one year; On charge amended to careless conditions of no same or similar driving due to Defendant' s low offenses for one year , no alcohol- blood alcohol reading and related traffic offenses for one good attitude; -Pled guilty year, completion of 40 hours of com- to careless driving ; Other munity service within four months, charge dismissed. and completion of DWI clinic within 90 days. Kroenke, Michael Dean Charged with no insurance, 116 failure to provide proof of insurance coverage within seven days, expired driver ' s license, and illegal use of another vehicle' s license plate; No appearance at December 7, 1988 , arraignment; Bench warrant issued. Kuykendoll , Andre Charged with no insurance; No 116 appearance at December 7 , 1988 , arraignment; Bench warrant issued. Lambert, Todd Aaron Charged with shoplifting; Pled Fine - $100. 00; Jail - 10 days, 10 113 guilty. days stayed one year; On conditions of no same or similar offenses for one year, payment of $24. 50 restitu- tion to victim within 60 days, and payment of $100.00 fine within 90 days. Marton, Andrew Kalman Charged with gross misdemeanor 108 , 114 , 116 giving false information to police officer with intent to obstruct justice, careless driving , DAS, and no insurance; -Pre-Trial set for January 4 , 1989 . McCoy, Thomas John Charged with possession of alcohol 108 by someone under the age of 21 years; No appearance at December 7, 1988 , arraignment; Bench warrant issued. Murray, Stevan Jay Charged with no insurance and 114 expired registration; Pre-Trial set for January 18 , 1989. Nelson, Sheila Marie Charged with speeding; Court Trial 103 set for February 1 , 1989 , at 2:00 p.m. Olson, James Vernon Charged with fifth degree Stay of imposition of sentence for 114 , 117 assault; -Pled guilty; Judge one year with dismissal at that time stayed imposition of sentence on conditions of no same or similar pursuant to M.S.A. §609 .135 offenses for one year and Defendant without City Prosecutor ' s obtaining GED Certificate within nine approval. months. Ophelan, Daniel Joseph Charged with no insurance and 108 defective tail lights; No appearance at December 7, 1988 , arraignment; Bench warrant issued. Owens, John Alan Charged with no insurance, Fine for failure to signal turn 116 defective equipment, and charge - $20 .00 ; No insurance charge failure to signal turn; continued 90 days for dismissal on Pled guilty to failure to conditions of no same or similar signal turn; City -Prosecutor offenses for 90 days and payment of agreed to continue no insurance $100.00 in court costs. charge for dismissal as the Defendant' s vehicle had been insured under his parents' policy, and Defendant thought it still was insured on the date of the stop through that policy; When Defendant learned that his vehicle was not insured through that policy, he immediately obtained his own insurance policy; Defective equipment charge dismissed. Pederson, Steven Brian Charged with operating motor- Fine - $50 .00 (plus $30 .00 warrant 104 cycle without proper endorse- fee) . ment; -Pled guilty. Redland, Roger Alan Charged with DAS, possession Fine - $200.00. - 115 of marijuana in a motor vehicle, and passing through red sema- phore; .Pled guilty to DAS; Other charges dismissed. • Rooney, Lori Ann Charged with shoplifting; 104 Pre-Trial set for January 18 , 1989 . Roy, Brett Allen Charged with DAR and speeding; 108 Pre-Trial set for January 18 , 1989 . Sieracki , Teresa Marie Charged with DWI and alcohol 114 concentration of . 10 or more within two hours ( .12) ; -Pre-Trial set for February 1 , 1989 . Taylor, Jeffrey Allen Charged with gross DWI , DAR, 113 , 115 careless driving, no insurance, and possession of small amount of marijuana in a motor vehicle; Pre-Trial set for January 18 , 1989 . Ward, Lawrence John Charged with giving false Fine - $50.00 or one day. Thoemke, 116 information to police officer; Pled guilty. Wiggins, Fredrick Charles Charged with DAR and no 115 insurance; No appearance at December 7, 1988 , arraignment; Bench warrant issued. .P R E - T R I A L S - The Honorable Donald S. Burris DEFENDANT PLEA SENTENCE Abumayaleh, Abedauah Charged with DAC and 108 passing through stop sign; .Pre-Trial continued to December 21 , 1988. Balck , William Carl Charged with DAS on August 24 , 108 , 116 1988, and DAS on August 27 , 1988 ; No appearance at December 7, 1988, -Pre-Trial; Bench warrant issued. Coder , Daniel Arthur Charged with DWI , alcohol Fine - $700 .00 or 10 days, $700.00 Thoemke, 117 concentration of . 10 or more stayed one year; Jail - 2 days; On within two hours ( .10) , and conditions of no same or similar operating motor vehicle without offenses for one year and no tail lights illuminated; Charge alcohol-related traffic offenses amended to careless driving due for one year. to Defendant' s low blood alcohol reading and no improper driving conduct; .Pled guilty to careless driving; Other charge dismissed. Fein, Lori Lee Charged with fifth degree 114 assault; .Pre-Trial continued until January 18 , 1989 . Kettner, Gorden Allen Charged with DAR, defective 103 ,114 tail lights, and defective brake lights on July 1, 1988; Charged with DAR on August 12 , 1988; .Pre-Trial continued until January 4 , 1989 . McGruder , Garrett -Peyton Charged with reckless driving; 103 , 113 No appearance at December 7, 1988 , .Pre-Trial; Bench warrant issued. Mueller , .Paul Vincent Charged with DWI and alcohol Thoemke, 114 concentration of . 10 or more within two hours ( .13) ; -Pre-Trial continued until January 4 , 1989. Olowy, Femi Afetimokhe Charged with DAS and no Jail - 2 days. 115 insurance; -Pled guilty to DAS charge; Other charge dismissed. Peterson, Daryl Arden Charged with speeding and Thoemke, 104 , 112 , 115, 117 no insurance on November 28 , 1987; Charged with theft by check on January 26 , 1988; Charged with no insurance and DAR on July 23 , 1988; Charged with unlawful use of motor vehicle and inter- ference with property in official custody on August 9 , 1988; .Pre-Trial continued on all matters until January 4 , 1989. Schmotter , Jr. , Thomas Charged with gross DWI , gross Harold alcohol concentration of . 10 or Thoemke, 116 , 117 more within two hours ( . 16) , and open bottle; .Pre-Trial continued until December 21, 1988. Sobon, Charles Lee Charged with gross misdemeanor Jail - 150 days, 150 days stayed two 108 , 117 fifth degree assault; .Pled years; On condition of no same or guilty. similar offenses for two years. Turner, Kathryn Rim Charged with DWI , alcohol Fine - $500.00 or 10 days, $500 .00 Thoemke concentration of . 10 or more stayed one year; Jail - 2 days, within two hours ( .13) , and 2 days stayed one year; On conditions careless driving; Pled guilty of no same or similar offenses for to careless driving; City one year , no alcohol-related traffic Prosecutor allowed Defendant offenses for one year , and comple- to plead to careless driving , tion of 48 hours of community because she cooperated with the service within three months. police and she had a low blood alcohol reading; Other charges dismissed: I Woldu, Berhane Charged with driving with Fine on defective tail lights 114 revoked plates and defective charge - $20 .00 ; Revoked plates tail lights; .Pled guilty to charge continued one year for defective tail lights charge; dismissal on condition of no same City -Prosecutor agreed to or similar offenses for one year. continue revoked plates charge for dismissal, because Defendant' s plates had been mistakenly revoked by the State. C O U R T T R I A L S - The Honorable Donald S. Burris DEFENDANT PLEA SENTENCE Demartino, Thomas Marvin Charged with speeding; Fine - $20.00. 116 Pled guilty. Fagerlee, Colin Dennis Charged with failure to yield Fine - $30.00 . 116 right-of-way; Found guilty by the court. Stockinger, James Anthony Charged with driving left of Fine - $50 .00. 113 center of roadway; Charge amended to unreasonable acceleration because improper driving conduct was relatively benign; Pled guilty to unreason- able acceleration. Volkmann David Nicholas Charged with speeding; .Pled Fine - $30.00. 113 guilty. J U R Y T R I A L S DEFENDANT PLEA SENTENCE Faber , Bradly Allan Charged with DWI; Charge amended Fine - $300 .00; Jail - 5 days, 5 days Thoemke, 114 to obstructing legal process stayed one year; On condition of no due to no driving conduct same or similar offenses for one year. observed by arresting officer , no breath test, and defense witnesses who would testify as to Defendant ' s sobriety; .Pled guilty to obstructing legal process on November 21, 1988 , before The Honorable Jonathan Lebedoff. Taylor , Ricky Allen Charged with DAR; -Pled guilty Fine - $300 .00 , $300.00 stayed one 115 on November 30 , 1988, before year; Jail - 90 days, 88 days stayed The Honorable Kenneth J. Gill. one year; On conditions of no insurance or driver ' s license viola- tions for one year and Defendant driving only with valid license plates for one year. C 0 M -P L A I N T S DEFENDANT OFFICER CHARGE Brewster , Steven Robert Officer Jeffrey Scholl Charged with owner allowing possession of an open bottle in a motor vehicle. Dicken, Jeffrey Don Officer Jeffrey Scholl Charged with DWI , alcohol con- centration of . 10 or more within two hours ( . 12) , and operating a motor vehicle without a valid Minnesota driver ' s license. Elmer , Susan Lynn Officer Jeffrey Scholl Charged with driver allowing possession of an open bottle in a motor vehicle and speeding. Fischer , Richard Andrew Officer Jeffrey Scholl Charged with allowing dog to run at large. Frisco, Anthony Gene Citizen' s Complaint Charged with shoplifting. (Herbergers Department Store) Heurkins, Scott Gerald Detective Neil Neddermeyer Charged with gross misdemeanor check forgery. Hockman, Bryan Keith Officer Jeffrey Scholl Charged with owner allowing operation of motor vehicle by driver under the influence of alcohol, owner allowing uninsured motor vehicle to be operated, and illegal use of another vehicle' s motor vehicle license number plates. Jaskowiak, .Patrick -Paul Officer Jeffrey Scholl Charged with driving after suspension and speeding. Knowles, Bradley James Officer Timothy Briski Charged with operating a motor vehicle without the required insurance. LeVasseur , Jeffrey Arthur Officer Jeffrey Scholl Charged with giving false name to police officer, driving after revoca- tion, and speeding. Marton, Andrew Kalman Captain Richard Engstrom Charged with gross misdemeanor giving Officer John MacQueen false name to police officer , care- less driving , driving after suspen- sion, and operating a motor vehicle without the required insurance. Munoz , .Paul Burton Citizen' s Complaint Charged with shoplifting (Country Club Market) -Partyka, Michael James Officer Jeffrey Scholl Charged with operating a motor vehicle without the required insurance. -Petrik, Joseph Andrew Captain Jack Thoemke Charged with disorderly conduct (window peeping) . Stearns, Donald -Paul Officer Dominic Cotroneo Charged with driving after revocation and failure to obey traffic control device. Stebbins, Nancy Lee Officer Joseph Sturdevant Charged with driving after revoca- tion. • NOTICE OF INTENTION TO VACATE A PART OF A STREET STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) I, the undersigned, being duly qualified and acting City Clerk of the City of St. Anthony, Minnesota, hereby give notice that the following resolution is intended to be duly adopted by the St. Anthony City Council at its regular meeting on December 21.;`.-1588 . BE IT HEREBY RESOLVED by the City Council of the City of St. Anthony .that the following described property is hereby declared and ordered vacated and discontinued: That part of Oakwood Drive, now known as Foss Road, in MOUNDS VIEW ACRES SECOND ADDITION, Ramsey County, Minnesota,. lying Northwesterly of a line • drawn from the most Southerly corner of Block 2 in said addition to its intersection with the East line of Block 4 in said addition and the Northwesterly right-of-way line of the Minneapolis, St. Paul and Sault St. Marie Railway AND lying Southerly of a line drawn from the Northwest corner of said Block 2 to the Northeast corner of Block 4 , in said addition. And that the City Clerk be directed to prepare and present to the proper county offices notice of said vacation. DATED: , 1988 . Connie Kroeplin City Clerk Publish: St. Anthony Bulletin, November 30 , 1988 . • RESOLUTION 88-048 RESOLUTION VACATING A PART OF A ROAD • After discussion of a motion by to vacate a part of Oakwood Drive, now known as Foss Road, it was deemed in the interest of the public to grant the vacation. Council member introduced the following resolution and moved its adoption: BE IT HEREBY RESOLVED by the City Council of the City of St. Anthony that the following described property is hereby declared and ordered vacated and discontinued: That part of Oakwood Drive, now known as Foss Road, in MOUNDS VIEW ACRES SECOND ADDITION, Ramsey County, Minnesota, lying Northwesterly of a line drawn from the most Southerly corner of Block 2 in said addition to its intersection with the East line of Block 4 in said addition and the Northwesterly right-of-way line of the Minneapolis, St. Paul and Sault St. Marie Railway AND lying Southerly of a line drawn from the Northwest corner of said Block 2 to the Northeast corner of Block 4 , in said addition. And that the City Clerk be directed to prepare and present to the proper county offices notice of said vacation. The motion for adoption of the foregoing resolution was .seconded by and upon a vote being taken, thereon, the following voted in favor thereof: and the following voted against same: Whereupon the resolution is duly passed and adopted. Adopted this day of 1988. Mayor 'ATTEST: City Clerk • Reviewed for administration: City Manager NOTICE OF COMPLETION OF VACATION PROCEEDINGS STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) I , the undersigned, being duly qualified and acting City Clerk of the City of St - Anthony, Minnesota, do hereby certify that the attached resolution, which is hereby made a part of this Notice, was duly adopted by the St. Anthony City Council at its regular meeting on , 1988, after a public hearing thereon preceded by two weeks' published and posted .not,ice, that said resolution has not been amended, annulled or rescinded by the St. Anthony City Council, and that the vacation described in said resolution was completed at the time of adoption of said resolution on 1988. WITNESS my hand and seal of said City this day of 1988. City Clerk Seal •